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Notice2021-13515

Service Standard Changes

Primary source

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Published

June 25, 2021

Issuing agencies

Postal Regulatory Commission

Abstract

The Commission is acknowledging a recently-filed Postal Service request for an advisory opinion on the service standards for First-Class Mail Package Service (FCPS). This document invites public comments on the request and addresses several related procedural steps.

Full Text

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<title>Federal Register, Volume 86 Issue 120 (Friday, June 25, 2021)</title>
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[Federal Register Volume 86, Number 120 (Friday, June 25, 2021)]
[Notices]
[Pages 33787-33799]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-13515]

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POSTAL REGULATORY COMMISSION

[Docket No. N2021-2; Order No. 5920]

Service Standard Changes

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: The Commission is acknowledging a recently-filed Postal
Service request for an advisory opinion on the service standards for
First-Class Mail Package Service (FCPS). This document invites public
comments on the request and addresses several related procedural steps.

DATES: Notices of intervention are due: July 1, 2021; Live WebEx
Technical Conference: June 28, 2021, at 11:00 a.m., Eastern Daylight
Time, Virtual.

ADDRESSES: Submit notices of intervention electronically via the
Commission's Filing Online system at <a href="http://www.prc.gov">http://www.prc.gov</a>. Persons
interested in intervening who cannot submit their views electronically
should contact the person identified in the FOR FURTHER INFORMATION
CONTACT: David A. Trissell, General Counsel, at 202-789-6820.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. Pre-Filing Issues
III. The Request
IV. Initial Administrative Actions
V. Ordering Paragraphs

I. Introduction

On June 17, 2021, the Postal Service filed a request for an
advisory opinion from the Commission regarding planned changes to the
service standards for First-Class Package Service (FCPS).\1\ The
intended effective date of the Postal Service's planned changes is no
earlier than October 1, 2021. Request at 1. The Request was filed
pursuant to 39 U.S.C. 3661 and 39 CFR part 3020. Before issuing its
advisory opinion, the Commission shall accord an opportunity for a
formal, on-the-record hearing pursuant to 5 U.S.C. 556 and 557. 39
U.S.C. 3661(c). This Order provides information on the Postal Service's
planned changes, explains and establishes the process for the on-the-
record hearing, and lays out the procedural schedule to be followed in
this case.
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\1\ United States Postal Service Request for an Advisory Opinion
on Changes in the Nature of Postal Services, June 17, 2021
(Request). FCPS ``is a mailing service available for lightweight
packages--for retail mailers, the weight of the package cannot
exceed 13 ounces; for commercial mailers, the weight of the package
cannot exceed 15.999 ounces.'' Notice of Pre-Filing Conference, May
25, 2021, at 1, n.1 (Notice).
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II. Pre-Filing Issues

On March 23, 2021, the Postal Service published a 10-year strategic
plan announcing potential changes intended to achieve financial
stability and service excellence.\2\ In connection with this
publication, on May 25, 2021, the Postal Service also filed a notice of
its intent to conduct a pre-filing conference regarding its proposed
changes to the service standards for FCPS, which would ``generally
affect service on a nationwide or substantially nationwide basis.''
Notice at 1 (quoting 39 U.S.C. 3661(b)).
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\2\ See United States Postal Service, Delivering for America:
Our Vision and Ten-Year Plan to Achieve Financial Sustainability and
Service Excellence, March 23, 2021, at 3, available at <a href="https://about.usps.com/what/strategic-plans/delivering-for-america/assets/USPS_Delivering-For-America.pdf">https://about.usps.com/what/strategic-plans/delivering-for-america/assets/USPS_Delivering-For-America.pdf</a> (Postal Service's Strategic Plan).
Further information related to the Postal Service's Strategic Plan
is available at <a href="https://about.usps.com/what/strategic-plans/delivering-for-america/">https://about.usps.com/what/strategic-plans/delivering-for-america/</a>.
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On May 26, 2021, the Commission issued Order No. 5900, which
established Docket No. N2021-2 to consider the Postal Service's
proposed changes, notified the public concerning the Postal Service's
pre-filing conference, and appointed a Public Representative.\3\ Due to
the COVID-19 pandemic, the Postal Service held its pre-filing
conference virtually on June 8, 2021, from 1:00 p.m. to 2:00 p.m.
Eastern Daylight Time (EDT). See Request at 2. The Postal Service
asserts that it completed the pre-filing requirements appearing in 39
CFR 3020.111 and certifies that it has made a good faith effort to
address concerns of interested persons about the Postal Service's
proposal raised at the pre-filing conference. See id.
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\3\ Notice and Order Concerning the Postal Service's Pre-Filing
Conference, May 26, 2021, at 1-4 (Order No. 5900).
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III. The Request

A. The Postal Service's Planned Changes

The Postal Service states that the existing service standards for
FCPS mirror the existing service standards applied to Market Dominant
Single-Piece First-Class Mail (letter- and flat-shaped mailpieces). See
Request at 3. The Postal Service's proposed changes for FCPS are
similar to the changes proposed for Market Dominant First-Class Mail in
Docket N2021-1, because the FCPS service standards would also be
adjusted to account for additional drive time between origin and
destination processing facilities. See Notice at 2; see also Request at
3. However, the actual service standards that the Postal Service
proposes to apply to FCPS would differ from those proposed for First-
Class Mail. See id. The Postal Service plans for its proposed changes
for FCPS to become effective no earlier than October 1, 2021. See
Request at 1.
The Postal Service proposes to expand the scope of the existing 2-
Day service standard applied to FCPS. See Request at 3. For FCPS within
the contiguous United States, the Postal Service proposes to narrow the
scope of the existing 3-Day service standard; instead 4-Day and 5-Day
service standards would apply to certain FCPS traveling longer
distances between origin and destination. See id. Overall for FCPS
volume within the contiguous United States, the Postal Service projects
that approximately 23.6 percent would be subject to the proposed 2-Day
service standard; 44.5 percent would be subject to the proposed 3-Day
service standard; approximately 17.3 percent would be subject to the
proposed 4-Day service standard; and approximately 14.6 percent would
be subject to the proposed 5-Day service standard. See id. at 4, Figure
1. The Postal Service projects that pharmaceutical volume would
experience less impact from the proposed changes than other FCPS
volume, estimating that almost all pharmaceutical volume currently
subject to the 2-Day service standard and the majority of
pharmaceutical volume currently subject to the 3-Day service standard
would remain subject to those respective service standards. See id. at
5.
Specifically, the Postal Service proposes to apply the following
service standards to FCPS.

[[Page 33788]]

[GRAPHIC] [TIFF OMITTED] TN25JN21.002

B. The Postal Service's Position

The Postal Service states that attempting to meet the existing
service standards has led to high costs, transportation inefficiencies,
and difficulties in providing reliable and consistent service
performance. See Request at 6. The Postal Service explains that
transporting FCPS by surface (trucks) is more reliable and cost-
effective than air transportation. See id. The Postal Service asserts
that the proposed changes would allow the Postal Service to use surface
rather than air transportation for more FCPS between additional Postal
Service origin and destination processing facilities (OD Pairs). See
id. The Postal Service states that the proposed changes could generate
a net improvement to the Postal Service's finances of approximately $55
million annually, when considering transportation cost savings and the
Postal Service's estimate that the proposal would not materially impact
FCPS volumes. See id. at 8.
The Postal Service asserts that implementing the proposed changes
would enable it to: Provide more reliable and consistent service
performance, improve its ability to run according to its operating
plans and optimize its surface transportation network, increase its use
of more cost-effective air carriers for volume that will continue to be
transported by air (such as volume destined for non-contiguous areas),
achieve significant cost savings due to the creation of a more
efficient transportation network, and implement future operational
benefits. See id. at 6-9. It adds that the proposed changes are a key
component of the Postal Service's Strategic Plan, intended to achieve
financial stability and service excellence. See id. at 9.
Further, the Postal Service asserts that the proposed changes would
conform to the policies of title 39, United States Code. See id. at 9-
12. The Postal Service discusses how the proposed changes would
continue to satisfy the universal service provisions appearing in 39
U.S.C. 101, 403, and 3661(a) under the proposed service standards.\4\
The Postal Service also asserts that the proposed changes would not
impair compliance with the policies of 39 U.S.C. 3633, which govern the
financial performance of competitive products. See Request at 11-12.
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\4\ See id. at 9-11. The Postal Service observes that the
Commission has concluded that the universal service obligation
extends to competitive products. See id. at 9, n.1 (citing Postal
Regulatory Commission, Report on Universal Postal Service and the
Postal Monopoly, 25, December 19, 2008, available at <a href="https://www.prc.gov/docs/61/61628/USO%20Report.pdf">https://www.prc.gov/docs/61/61628/USO%20Report.pdf</a>).

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[[Page 33789]]

C. The Postal Service's Direct Case

The Postal Service is required to file its direct case along with
the Request. See 39 CFR 3020.114. The Postal Service's direct case
includes all of the prepared evidence and testimony upon which the
Postal Service proposes to rely on in order to establish that its
proposal accords with and conforms to the policies of title 39, United
States Code. See id. The Postal Service provides the direct testimony
of three witnesses and identifies a fourth individual to serve as its
institutional witness and provide information relevant to the Postal
Service's proposal that is not provided by other Postal Service
witnesses.
[GRAPHIC] [TIFF OMITTED] TN25JN21.003

Additionally, the Postal Service filed seven library references,
four of which are available to the public and three of which are
designated as non-public material.

[[Page 33790]]

[GRAPHIC] [TIFF OMITTED] TN25JN21.004

IV. Initial Administrative Actions

A. General Procedures

The procedural rules in 39 CFR part 3020 apply to Docket No. N2021-
2. Before issuing its advisory opinion, the Commission shall accord an
opportunity for a formal, on-the-record hearing pursuant to 5 U.S.C.
556 and 557. 39 U.S.C. 3661(c). The Commission will sit en banc for
Docket No. N2021-2. See 39 CFR 3020.122(b). Due to the COVID-19
pandemic, the Commission is conducting all business, including any
hearing or public meeting for Docket No. N2021-2 virtually and not in
person.

B. Scope

Docket No. N2021-2 is limited in scope to the specific changes
proposed by the Postal Service in its Request. See 39 CFR 3020.102(b).
To the extent that participants raise alternative proposals and present
reasons why those alternatives may be superior to the Postal Service's
proposal, the Commission would interpret such discussion as critiquing
the specific changes proposed by the Postal Service in its Request.\5\
However, the Commission would not evaluate or opine on the merits of
such alternative proposals in its advisory opinion. See Order No. 2080
at 18. Pursuant to its discretion, the Commission may undertake
evaluation of alternatives or other issues raised by participants in
separate proceedings (such as special studies or public inquires). See
39 CFR 3020.102(b). Moreover, any interested person may petition the
Commission to initiate a separate proceeding (such as a rulemaking or
public inquiry) at any time. See 39 CFR 3010.201(b) (initiation of
notice and comment proceedings).
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\5\ See Docket No. RM2012-4, Order Adopting Amended Rules of
Procedure for Nature of Service Proceedings Under 39 U.S.C. 3661,
May 20, 2014, at 18 (Order No. 2080).
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C. Designation of Presiding Officer

Pursuant to 39 CFR 3010.106 and 3020.122(b), the Commission
appoints Commissioner Ann C. Fisher to serve as presiding officer in
Docket No. N2021-2, effective immediately. In addition to the authority
delegated to the presiding officer under 39 CFR 3010.106(c), the
Commission expands the presiding officer's authority to allow her to
propound formal discovery requests upon any party, at her discretion.
The numerical limitation on interrogatories appearing in 39 CFR
3020.117(a) shall not apply to the presiding officer. The Commission
also authorizes Commissioner Fisher to rule on procedural issues such
as motions for late acceptance and discovery-related matters such as
motions to be excused from answering discovery requests. Commissioner
Fisher shall have authority to issue any ruling in this docket not
otherwise specifically reserved to the Commission by 39 CFR 3020 and
3010.106.

D. Procedural Schedule

The Commission establishes a procedural schedule, which appears
below the signature of this Order as Attachment 1. See 39 CFR 3010.151,
3020.110; see also 39 CFR part 3020 Appendix A. These dates may be
changed only if good cause is shown, if the Commission later determines
that the Request is incomplete, if the Commission determines that the
Postal Service has significantly modified the Request, or for other
reasons as determined by the Commission. See 39 CFR 3020.110(b) and
(c).

[[Page 33791]]

E. How To Access Material Filed in This Proceeding

1. Using the Commission's Website
The public portions of the Postal Service's filing are available
for review on the Commission's website (<a href="http://www.prc.gov">http://www.prc.gov</a>). The Postal
Service's electronic filing of the Request and prepared direct evidence
effectively serves the persons who participated in the pre-filing
conference. See 39 CFR 3020.104. Other material filed in this
proceeding will be available for review on the Commission's website,
unless the information contained therein is subject to an application
for non-public treatment.
2. Using Methods Other Than the Commission's Website
The Postal Service must serve hard copies of its Request and
prepared direct evidence ``only upon those persons who have notified
the Postal Service, in writing, during the pre-filing conference(s),
that they do not have access to the Commission's website.'' 39 CFR
3020.104. If you demonstrate that you are unable to effectively use the
Commission's Filing Online system or are unable to access the internet,
then the Secretary of the Commission will serve material filed in
Docket No. N2021-2 upon you via First-Class Mail. See 39 CFR
3010.127(b) and (c). You may request physical service by mailing a
document demonstrating your need to the Office of Secretary and
Administration, Postal Regulatory Commission, 901 New York Avenue NW,
Suite 200, Washington, DC 20268-0001. Service may be delayed due to the
impact of the COVID-19 pandemic. Pursuant to 39 CFR 3010.127(c), the
Secretary shall maintain a service list identifying no more than two
individuals designated for physical service of documents for each party
intervening in this proceeding. Accordingly, each party must ensure
that its listing is accurate and should promptly notify the Secretary
of any errors or changes. See 39 CFR 3010.127(c).
3. Non-Public Material
The Commission's rules on how to file and access non-public
material appear in 39 CFR part 3011. Each individual seeking non-public
access must familiarize themselves with these provisions, including the
rules governing eligibility for access; non-dissemination, use, and
care of the non-public material; sanctions for violations of protective
conditions; and how to terminate or amend access.\6\ Any person seeking
access to non-public material must file a motion with the Commission
containing the information required by 39 CFR 3011.301(b)(1)-(4). Each
motion must attach a description of the protective conditions and a
certification to comply with protective conditions executed by each
person or entity (and each individual working on behalf of the person
or entity) seeking access. 39 CFR 3011.301(b)(5)-(6). To facilitate
compliance with 39 CFR 3011.301(b)(5)-(6), a template Protective
Conditions Statement and Certification to Comply with Protective
Conditions appears below the signature of this Order as Attachment 2,
for completion and attachment to a motion for access. See 39 CFR part
3011 subpart C, appendix A. Persons seeking access to non-public
material are advised that actual notice provided to the Postal Service
pursuant to 39 CFR 3011.301(b)(4) will expedite resolution of the
motion, particularly if the motion for access is uncontested by the
Postal Service.
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\6\ See 39 CFR 3011.300, 3011.302-304.
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Non-public information must be redacted from filings submitted
through the Commission's website; instead, non-public information must
be filed under seal as required by 39 CFR part 3011 subpart B.

F. How To File Material in This Proceeding

1. Using the Commission's Filing Online System
Except as provided in 39 CFR 3010.120(a), all material filed with
the Commission shall be submitted in electronic format using the Filing
Online system, which is available over the internet through the
Commission's website. The Commission's website accepts filings during
the Commission's regular business hours, which are from 8:00 a.m.
through 4:30 p.m. EDT, except for Saturdays, Sundays, and Federal
holidays. A guide to using the Filing Online system, including how to
create an account, is available at <a href="https://www.prc.gov/how-to-participate">https://www.prc.gov/how-to-participate</a>. If you have questions about how to use the Filing Online
system, please contact the dockets clerk by email at <a href="/cdn-cgi/l/email-protection#6e0a010d050b1a1d2e1e1c0d40090118">[email&#160;protected]</a> or
telephone at (202) 789-6847. Please be advised that the dockets clerk
can only answer procedural questions but may not provide legal advice
or recommendations.
2. Using Methods Other Than the Commission's Filing Online System
Material may be filed using a method other than the Commission's
website only if at least one of the following exceptions applies:
<bullet> The material cannot reasonably be converted to electronic
format,
<bullet> The material contains non-public information (see 39 CFR
part 3011),
<bullet> The filer is unable to effectively use the Commission's
Filing Online system and the document is 10 pages or fewer, or
<bullet> The Secretary has approved an exception to the
requirements to use the Commission's Filing Online system based on a
showing of good cause. 39 CFR 3010.120(a).
Material subject to these exceptions may be filed by mail to the
Office of Secretary and Administration, Postal Regulatory Commission,
901 New York Avenue NW, Suite 200, Washington, DC 20268-0001. Due to
the agency's virtual status, posting mailed materials to the
Commission's website may be delayed. Accordingly, before mailing
materials, it is strongly recommended that individuals contact the
dockets clerk by email at <a href="/cdn-cgi/l/email-protection#98fcf7fbf3fdecebd8e8eafbb6fff7ee">[email&#160;protected]</a> or telephone at (202) 789-
6847.

G. Technical Conference

1. Date and Purpose
A technical conference will be held live via WebEx on June 28,
2021, at 11:00 a.m. EDT.\7\ The technical conference is an informal,
off-the-record opportunity to clarify technical issues as well as to
identify and request information relevant to evaluating the Postal
Service's proposed changes. See 39 CFR 3020.115(c). The technical
conference will be limited to information publicly available in the
Request. Any non-public information, including information in non-
public Library References attached to the Request, should not be raised
at the technical conference. At the technical conference, the Postal
Service will make available for questioning its three witnesses whose
direct testimony was filed along with the Request and a fourth
individual to serve as its institutional witness, who will provide
information relevant to the Postal Service's proposal that is not
provided by other Postal Service witnesses. See Request at 2; see also
39 CFR 3020.113(b)(6)-(7), 3020.115(b). The

[[Page 33792]]

names and topics to which these four individuals are prepared to
address are summarized above in Section III.C., Table 1, infra.
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\7\ Based upon the pro forma schedule set forth in appendix A of
39 CFR part 3020, this technical conference would be set for day 10,
which would be Sunday June 27, 2021; however, this date is adjusted
to Monday June 28, 2021, in accordance with 39 CFR 3020.103.
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2. How To Livestream the Technical Conference
The technical conference will be broadcast to the public via
livestream, which will allow the public to view and listen to the
technical conference, as it is occurring and after. To view and listen
to the livestream, on or after 11:00 a.m. EDT on June 28, 2021, an
individual must click on the internet link that will be identified on
the Commission's YouTube Channel, which is available at <a href="https://www.youtube.com/channel/UCbHvK-S8CJFT5yNQe4MkTiQ">https://www.youtube.com/channel/UCbHvK-S8CJFT5yNQe4MkTiQ</a>. Individuals do not
have to register in advance to access the livestream. Please note that
the livestream is a broadcast; therefore, there is a brief delay
(several seconds) between the technical conference being captured on
camera and being displayed to viewers of the livestream. Additionally,
please note that clicking on the livestream link will not allow an
individual the opportunity to question the Postal Service's four
witnesses. Details on how to participate in the live WebEx (and have
the opportunity to question the Postal Service's four witnesses)
follow.
3. How To Participate in the Technical Conference
To participate in this live technical conference and have the
opportunity to ask questions of the Postal Service's four witnesses, an
individual need not formally intervene in this docket, but must
register in advance as follows. Each individual seeking to participate
in the live WebEx using an individual device (e.g., a desktop computer,
laptop, tablet, or smart phone) must register by sending an email to
<a href="/cdn-cgi/l/email-protection#cb85f9fbf9fae6f9b9aeaca2b8bfb9aabfa2a4a58bbbb9a8e5aca4bd">[email&#160;protected]</a>, with the subject line ``Registration'' by
June 23, 2021. In order to facilitate orderly public participation,
this email shall provide the following information:
<bullet> Your first and last name;
<bullet> your email address (to receive the WebEx link);
<bullet> the name(s) of the Postal Service witness(es) you would
like to question and/or the topic(s) of your question(s); and
<bullet> your affiliation (if you are participating in your
capacity as an employee, officer, or member of an entity such as a
corporation, association, or government agency).
The <a href="/cdn-cgi/l/email-protection#a8e69a989a99859adacdcfc1dbdcdac9dcc1c7c6e8d8dacb86cfc7de">[email&#160;protected]</a> email address is established solely
for the exchange of information relating to the logistics of
registering for and participating in the technical conference.\8\ No
information related to the substance of the Postal Service's Request
shall be communicated, nor shall any information provided by
participants apart from the list identified above be reviewed or
considered. Only documents filed with the Commission's docket system
will be considered by the Commission. Before the technical conference,
the Commission will email each identified individual a WebEx link, an
explanation of how to connect to the technical conference, and
information regarding the schedule and procedures to be followed.
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\8\ Please refer to the Commission's privacy policy which is
available at <a href="https://www.prc.gov/privacy">https://www.prc.gov/privacy</a>.
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4. Availability of Materials and Recording
To facilitate discussion of the matters to be explored at the
technical conference, the Postal Service shall, if necessary, file with
the Commission any materials not already filed in Docket No. N2021-2
(such as PowerPoint presentations or Excel spreadsheets) that the
Postal Service expects to present at the technical conference by June
25, 2021. Doing so will foster an orderly discussion of the matters
under consideration and facilitate the ability of individuals to access
these materials should technical issues arise for any participants
during the live WebEx. If feasible, the recording will be available on
the Commission's YouTube Channel at <a href="https://www.youtube.com/channel/UCbHvK-S8CJFT5yNQe4MkTiQ">https://www.youtube.com/channel/UCbHvK-S8CJFT5yNQe4MkTiQ</a>.
Participants in the WebEx, by participating, consent to such
recording and posting. Information obtained during the technical
conference or as a result of the technical conference is not part of
the decisional record, unless admitted under the standards of 39 CFR
3010.322. See 39 CFR 3020.115(e).

H. How To Intervene (Become a Party to This Proceeding)

To become a party to this proceeding, a person or entity must file
a notice of intervention by July 1, 2021.\9\ This filing must clearly
and concisely state: The nature and extent of the intervenor's interest
in the issues (including the postal services used), the intervenor's
position on the proposed changes in services (to the extent known),
whether or not the intervenor requests a hearing, and whether or not
the intervenor intends to actively participate in the hearing. See 39
CFR 3010.142(b). Page one of this filing shall contain the name and
full mailing address of no more than two persons who are to receive
service, when necessary, of any documents relating to this proceeding.
See id. A party may participate in discovery; file testimony and
evidence; conduct written examination of witnesses; conduct limited
oral cross-examination; file briefs, motions, and objections; and
present argument before the Commission or the presiding officer. See
id. sections 3010.142(a); 3020.122(e). An opposition to a notice of
intervention is due within 3 days after the notice of intervention is
filed. See id. section 3010.142(d)(2).
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\9\ Neither the Public Representative nor the Postal Service
must file a notice of intervention; both are automatically deemed
parties to this proceeding. See 39 CFR 3010.142(a).
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I. Discovery

1. Generally Applicable Discovery Procedures
Discovery requests may be propounded upon filing a notice of
intervention. Discovery that is reasonably calculated to lead to the
admissible evidence is allowed. See 39 CFR 3020.116(a). Each party must
familiarize themselves with the Commission's rules appearing in 39 CFR
part 3020, including the rules for discovery in N-dockets generally and
specific to interrogatories, requests for the production of documents,
and requests for admissions.\10\ No party may propound more than a
total of 25 interrogatories (including both initial and follow-up
interrogatories) without prior approval by the Commission or presiding
officer.\11\
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\10\ See 39 CFR 3020.116-3020.119.
\11\ See 39 CFR 3020.117(a); Order No. 2080 at 42; see also
Docket No. N2021-2, Order Affirming Presiding Officer's Ruling No.
N2021-1/9, May 26, 2021, at 9 (Order No. 5901).
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Each answer to a discovery request is due within 7 days after the
discovery request is filed.\12\ Any motion seeking to be excused from
answering any discovery request is due within 3 days after the
discovery request is filed. See 39 CFR 3020.105(b)(1). Any response to
such motion is due within 2 days after the motion is filed. See id.
section 3020.105(b)(2). The Commission expects parties to make
judicious use of discovery, objections, and motions practice, and
encourages parties to make every effort to confer to resolve disputes
informally before bringing disputes to the Commission to resolve.
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\12\ See 39 CFR 3020.117(b)(4), 3020.118(b)(1), 3020.119(b)(1).
Filing an opposition to a notice of intervention shall not delay
this deadline. See 39 CFR 3010.142(d)(3).

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[[Page 33793]]

2. Discovery Deadlines for the Postal Service's Direct Case
All discovery requests regarding the Postal Service's direct case
must be filed by July 15, 2021. All discovery answers by the Postal
Service must be filed by July 22, 2021. The parties are urged to
initiate discovery promptly, rather than to defer filing requests and
answers to the end of the period established by the Commission.

J. Rebuttal Case Deadlines

A rebuttal case is any evidence and testimony offered to disprove
or contradict the evidence and testimony submitted by the Postal
Service. A rebuttal case does not include cross-examination of the
Postal Service's witnesses or argument submitted via a brief or
statement of position. Any party that intends to file a rebuttal case
must file a notice confirming its intent to do so by July 20, 2021.\13\
Any rebuttal case, consisting of any testimony and all materials in
support of the case, must be filed by July 29, 2021.
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\13\ The pro forma schedule set forth in appendix A of 39 CFR
part 3020 lists this deadline as day 37, which would be Saturday
July 24, 2021. Consistent with Docket No. N2021-1, this deadline is
adjusted to day 33, Tuesday July 20, 2021, so as to provide
additional time necessary for the coordination of the technical
aspects of the virtual hearing. See Docket No. N2021-1, Presiding
Officer's Ruling Adjusting Procedural Schedule and Modifying Pre-
Hearing Filings, May 13, 2021, at 2 (Docket No. N2021-1 POR No. 7).
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K. Surrebuttal Case Deadlines

A surrebuttal case is any evidence and testimony offered to
disprove or contradict the evidence and testimony submitted by the
rebutting party. A surrebuttal case does not include cross-examination
of the rebutting party's witnesses or argument submitted via a brief or
statement of position. Any party that intends to file surrebuttal case
must obtain the Commission's prior approval and must bear the burden of
demonstrating exceptional circumstances that would warrant granting the
motion. See 39 CFR 3020.121(b). Any motion for leave to file a
surrebuttal case is due July 30, 2021.\14\ Any response to such motion
is due August 3, 2021.\15\ Any surrebuttal case, consisting of any
testimony and all materials in support of the case, must be filed by
August 5, 2021.
---------------------------------------------------------------------------

\14\ The pro forma schedule set forth in appendix A of 39 CFR
part 3020 lists this deadline as day 44, which would be Saturday
July 31, 2021. However, this deadline is adjusted to Friday July 30,
2021, so as to provide additional time necessary for the
coordination of the technical aspects of the virtual hearing.
\15\ The pro forma schedule set forth in appendix A of 39 CFR
part 3020 lists this deadline as day 46, which would be Monday
August 2, 2021. However, this deadline is adjusted to Tuesday August
3, 2021, so as to allow 2 business days to respond to the filing of
a motion for leave to file a surrebuttal case.
---------------------------------------------------------------------------

L. Hearing Dates

The Commission expects that this case will require no more than one
or two business days for hearing, but reserves three business days out
of an abundance of caution and consistent with the pro forma schedule
set forth in appendix A of 39 CFR part 3020. If no party files a notice
of intent to file a rebuttal case by July 20, 2021, then the hearing of
the Postal Service's direct case shall begin July 29, 2021, with
additional days reserved on July 30, 2021 and August 2, 2021. If any
party files a notice of intent to file a rebuttal case by July 20, 2021
but no surrebuttal testimony will be presented, then the hearing of the
Postal Service's direct case shall begin August 5, 2021, with
additional days reserved on August 6, 2021, and August 9, 2021. If any
party files a notice of intent to file a rebuttal case by July 20,
2021, and the Commission approves the presentation of surrebuttal
testimony, then the hearing of the Postal Service's direct case shall
begin August 10, 2021, and the hearing of the surrebuttal case shall
end August 12, 2021.

M. Presentation of Evidence and Testimony

Evidence and testimony shall be in writing and may be accompanied
by a trial brief or legal memoranda. Id. section 3020.122(e)(1).
Whenever possible and particularly for factual or statistical evidence,
written cross-examination will be used in lieu of oral cross-
examination. Id. section 3020.122(e)(2).
Oral cross-examination will be allowed to clarify written cross-
examination and/or to test assumptions, conclusions, or other opinion
evidence. Id. section 3020.122(e)(3). Assuming that no rebuttal case is
filed, any party that intends to conduct oral cross-examination shall
file a notice of intent to do so by July 22, 2021.\16\ The notice must
include an estimate of the amount of time requested for each witness.
---------------------------------------------------------------------------

\16\ Consistent with the necessary adjustments made in Docket
No. N2021-1 to conduct a virtual hearing, the Commission adjusts the
timeframe contemplated by 39 CFR 3020.122(e)(3) and instead sets
this deadline as 7 days before the beginning of the virtual hearing
(assuming that no rebuttal case is filed).
---------------------------------------------------------------------------

In lieu of submitting hard copy documents to the Commission as
contemplated by 39 CFR 3020.122(e)(2), each party shall file a single
document titled ``Notice of Designations'' containing a list for each
witness that identifies the materials to be designated (without the
responses). The filing party shall arrange its list for each witness in
alphabetical order by the name of the party propounding the
interrogatory followed by numerical order of the interrogatory. For
example:

Designations for Witness One
ABC/USPS-T1-1
ABC/USPS-T1-3
DEF/USPS-T1-1
GHI/USPS-T1-3
JKL/USPS-T1-2
Designations for Witness Two
DEF/USPS-T2-4
GHI/USPS-T2-2

Assuming that no rebuttal case is filed, each party shall file its
Notice of Designations by July 23, 2021.
Assuming that no rebuttal case is filed, on July 27, 2021, the
Postal Service shall file a ``Notice of Designated Materials''
identifying any corrections to the testimony or designated materials
for each witness sponsored by the Postal Service. Attached to that
notice shall be a single Adobe PDF file that contains, in order: The
witness's testimony (with any corrections highlighted); identification
of any library references sponsored by the witness; and the witness's
designated written responses in alphabetical order by the name of the
party propounding the interrogatory followed by numerical order of the
interrogatory (with any corrections to the responses highlighted).

N. Presentation of Argument

1. General Procedures
Any person that has intervened in Docket No. N2021-2 (and thereby
formally became a party to this proceeding) may submit written argument
by filing a brief or a statement of position; they also may request to
present oral argument at the hearing. See 39 CFR 3020.123, see also 39
CFR 3010.142(a). Any person that has not intervened in Docket No.
N2021-2 may submit written argument by filing a statement of position.
See 39 CFR 3020.123(g), see also 39 CFR 3010.142(a).
2. Presentation of Written Argument
A brief is a written document that addresses relevant legal and
evidentiary issues for the Commission to consider and must adhere to
the requirements of 39 CFR 3020.123(a)-(f). A statement of position is
a less formal version of a brief that describes the filer's position on
the Request and the information on the existing record in support of
that position. See 39 CFR 3020.123(g).

[[Page 33794]]

a. Briefing Deadlines
Assuming that no rebuttal case is filed, initial briefs are due
August 9, 2021, and reply briefs are due August 16, 2021. If any party
files a notice confirming its intent to file a rebuttal case by July
20, 2021, then the briefing schedule may be revised.
b. Deadline for Statement of Position
Any interested person, including anyone that has not filed a notice
of intervention and become a party to this proceeding, may file a
statement of position. See 39 CFR 3020.123(g), see also 39 CFR
3010.142(a). A statement of position is limited to the existing record
and may not include any new evidentiary material. See 39 CFR
3020.123(g). Filings styled as a brief or comments, conforming with the
content and timing requirements, shall be deemed statements of
positions. Any statement of position is due August 9, 2021.
3. Request To Present Oral Argument
Oral argument has not historically been part of N-cases; the
Commission would only grant a request to present oral argument upon an
appropriate showing of need by the presenting party. See Order No. 2080
at 53. Assuming that no rebuttal case is filed, any party may file a
request to present oral argument by July 22, 2021.

O. The Commission's Advisory Opinion

Unless there is a determination of good cause for extension, the
Commission shall issue its advisory opinion within 90 days of the
filing of the Request. See 39 CFR 3020.102(a). Therefore, absent a
determination of good cause for extension, the Commission shall issue
its advisory opinion in this proceeding by September 15, 2021. ``The
opinion shall be in writing and shall include a certification by each
Commissioner agreeing with the opinion that in his [or her] judgment
the opinion conforms to the policies established under [title 39,
United States Code].'' 39 U.S.C. 3661(c). The advisory opinion shall
address the specific changes proposed by the Postal Service in the
nature of postal services. See 39 CFR 3020.102(b).

P. Public Representative

Pursuant to 39 U.S.C. 3661(c), Mallory L. Smith shall continue to
serve as an officer of the Commission (Public Representative) to
represent the interests of the general public in this proceeding. See
Order No. 5900 at 3, 4.

V. Ordering Paragraphs

It is ordered:
1. The procedural schedule for this proceeding is set forth below
the signature of this Order.
2. Pursuant to 39 CFR 3010.106 and 3020.122(b), the Commission
appoints Commissioner Ann C. Fisher to serve as presiding officer in
Docket No. N2021-2, effective immediately.
3. Commissioner Fisher is authorized to propound formal discovery
requests upon any party, at her discretion. The numerical limitation on
interrogatories appearing in 39 CFR 3020.117(a) shall not apply to the
Presiding Officer.
4. Commissioner Fisher is authorized to rule on procedural issues
such as motions for late acceptance and discovery-related matters such
as motions to be excused from answering discovery requests.
5. Commissioner Fisher is authorized to make other rulings in this
Docket not otherwise specifically reserved to the Commission according
to 39 CFR 3020 and 3010.106.
6. Pursuant to 39 U.S.C. 3661(c), Mallory L. Smith shall continue
to serve as an officer of the Commission (Public Representative) to
represent the interests of the general public in this proceeding.
7. The Secretary shall arrange for publication of this order in the
Federal Register.

By the Commission.
Mallory Smith,
Federal Register Liaison.

Procedural Schedule for Docket No. N2021-2
[Established by the Commission, June 21, 2021]
------------------------------------------------------------------------

------------------------------------------------------------------------
Technical Conference Dates
------------------------------------------------------------------------
Deadline to Email <a href="/cdn-cgi/l/email-protection#b2fc808280839f80c0d7d5dbc1c6c0d3c6dbdddcf2c2c0d19cd5ddc4">[email&#160;protected]</a> to June 23, 2021.
Register to Participate in the Live Technical
Conference via WebEx.
Filing of the Postal Service's Materials for the June 25, 2021.
Technical Conference.
Technical Conference (live via WebEx)........... June 28, 2021, at
11:00 a.m. Eastern
Daylight Time.
------------------------------------------------------------------------
Intervention Deadline
------------------------------------------------------------------------
Filing of Notice of Intervention................ July 1, 2021.
------------------------------------------------------------------------
Discovery Deadlines for the Postal Service's Direct Case
------------------------------------------------------------------------
Filing of Discovery Requests.................... July 15, 2021.
Filing of the Postal Service's Answers to July 22, 2021.
Discovery.
------------------------------------------------------------------------
Deadlines in Preparation for Hearing (assuming no rebuttal case)
------------------------------------------------------------------------
Filing of Notice Confirming Intent to Oral July 22, 2021.
Conduct Cross-Examination.
Filing of Request to Present Oral Argument...... July 22, 2021.
Filing of Notice of Designations................ July 23, 2021.
Filing of Notices of Designated Materials....... July 27, 2021.
------------------------------------------------------------------------
Rebuttal Case Deadlines (if applicable)
------------------------------------------------------------------------
Filing of Notice Confirming Intent to File a July 20, 2021.
Rebuttal Case.
Filing of Rebuttal Case......................... July 29, 2021.
------------------------------------------------------------------------
Surrebuttal Case Deadlines (if applicable)
------------------------------------------------------------------------
Filing of Motion for Leave to File Surrebuttal July 30, 2021.
Case.

[[Page 33795]]

Filing of Response to Motion for Leave to File August 3, 2021.
Surrebuttal Case.
Filing of Surrebuttal Case (if authorized)...... August 5, 2021.
------------------------------------------------------------------------
Hearing Dates
------------------------------------------------------------------------
Hearings (with no Rebuttal Case)................ July 29 to 30 and
August 2, 2021.
Hearings (with Rebuttal Case, but no authorized August 5, 6 and 9,
Surrebuttal Case). 2021.
Hearings (with Rebuttal Case and authorized August 10 to 12, 2021.
Surrebuttal Case).
------------------------------------------------------------------------
Briefing Deadlines
------------------------------------------------------------------------
Filing of Initial Briefs (with no Rebuttal Case) August 9, 2021.
Filing of Reply Briefs (with no Rebuttal Case).. August 16, 2021.
------------------------------------------------------------------------
Statement of Position Deadline
------------------------------------------------------------------------
Filing of Statement of Position (with no August 9, 2021.
Rebuttal Case).
------------------------------------------------------------------------
Advisory Opinion Deadline
------------------------------------------------------------------------
Filing of Advisory Opinion (absent determination September 15, 2021.
of good cause for extension).
------------------------------------------------------------------------

BILLING CODE 7710-FW-P

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[FR Doc. 2021-13515 Filed 6-24-21; 8:45 am]
BILLING CODE 7710-FW-C

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