Notice2021-16212
Service Standard Changes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 30, 2021
Issuing agencies
Postal Regulatory Commission
Abstract
The Commission is providing notice of a hearing on the Postal Service's direct case in this proceeding. This notice informs the public of the hearing dates.
Full Text
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<title>Federal Register, Volume 86 Issue 144 (Friday, July 30, 2021)</title>
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[Federal Register Volume 86, Number 144 (Friday, July 30, 2021)]
[Notices]
[Pages 41103-41105]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16212]
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POSTAL REGULATORY COMMISSION
[Docket No. N2021-2; Presiding Officer's Ruling No. 3]
Service Standard Changes
AGENCY: Postal Regulatory Commission.
ACTION: Notice.
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SUMMARY: The Commission is providing notice of a hearing on the Postal
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Service's direct case in this proceeding. This notice informs the
public of the hearing dates.
DATES: Hearing dates: August 11-13, 2021, Virtual Online.
ADDRESSES: For additional information, Presiding Officer's Ruling No. 3
can be accessed electronically through the Commission's website at
<a href="https://www.prc.gov">https://www.prc.gov</a>.
FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at
202-789-6820.
SUPPLEMENTARY INFORMATION: On June 17, 2021, the Postal Service filed a
request for an advisory opinion regarding planned changes to the
service standards for First-Class Package Service.\1\ The Commission's
procedural schedule reserved August 4-6, 2021 as hearing dates,
assuming no rebuttal case would be filed.\2\ The Commission further
provided that if any party filed a notice of intent to file a rebuttal
case, then the new reserved hearing dates would be August 11-13, 2021.
Order No. 5933 at 3.
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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).
\2\ Order Modifying Procedural Schedule, July 8, 2021, at 3
(Order No. 5933) (modifying Notice and Order on the Postal Service's
Request for an Advisory Opinion on Changes in the Nature of Postal
Services, June 21, 2021 (Order No. 5920)).
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On July 23, 2021, the American Postal Workers Union filed a notice
of its intent to file rebuttal testimony.\3\ Due to the filing of
rebuttal testimony, the hearings on the Postal Service's direct case
will be a week later than originally scheduled, and will begin August
11, 2021.\4\ The prehearing dates set in Order No. 5933 are now vacated
due to the new hearing schedule.
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\3\ American Postal Workers Union, AFL-CIO Notice of Intent to
File Rebuttal Testimony, July 23, 2021.
\4\ These dates assume that there is no surrebuttal testimony,
which the Postal Service would have to request via motion and bear
the burden of demonstrating exceptional circumstances that would
warrant granting the motion. See 39 CFR 3020.121(b).
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Parties must now file any notices of intent to conduct oral cross-
examination by August 4, 2021. The notice must include an estimate of
the amount of time requested for each witness.
In addition, parties may request to present oral argument at the
hearing. Accordingly, any request to present oral argument at the
hearing must be filed by August 4, 2021.
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
Each party shall file its Notice of Designations no later than
August 5, 2021.
The Postal Service shall, on August 6, 2021, file a ``Notice of
Designated Materials'' for each witness it has sponsored, which
identifies any corrections to the testimony or designated materials.
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
all the witness's designated written responses (with any corrections
highlighted) in alphabetical order by party name and then numerical
order of the request.
Rebuttal testimony must be filed by August 4, 2021. Parties who
intend to conduct oral cross-examination of rebuttal witnesses shall
file a Notice of Intent to Conduct Oral Rebuttal Cross-Examination not
later than August 5, 2021, which shall include an estimate of the time
required for each witness.\5\ Rebuttal witnesses, if called for oral
cross-examination, shall appear immediately following the oral cross-
examination of the Postal Service's direct case. Written discovery
(cross-examination) may be served on the parties offering rebuttal
testimony immediately after filing of rebuttal testimony, and must be
filed no later than August 9, 2021. Responses to those discovery
requests are due no later than August 16, 2021. Parties must file a
Notice of Designations, consistent with the procedure described above,
should they wish to designate rebuttal case discovery responses for the
record, no later than August 17, 2021. The Presiding Officer intends to
issue a further ruling admitting designated materials into evidence on
August 18, 2021.
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\5\ Consistent with 39 CFR 3020.122(e)(2), written cross-
examination will be utilized as a substitute for oral cross-
examination whenever possible. Given the extremely tight procedural
schedule required in this case to meet the issuance target for the
Commission's Advisory Opinion, parties are strongly encouraged to
limit the use of oral cross-examination unless designated written
discovery responses are likely to be inadequate.
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Initial Briefs or Statements of Position are now due no later than
August 20, 2021. Reply Briefs may be filed no later than August 27,
2021.
To facilitate the orderly proceeding of the hearing, the Presiding
Officer intends to update the schedule for the hearing dates, including
the order and timing of the witnesses' appearances, on August 9, 2021.
Ruling
It is ordered:
1. The modified procedural schedule for this proceeding is set
forth below the signature of this Ruling.
2. The Secretary shall arrange for publication of this Ruling in
the Federal Register.
Erica A. Barker,
Secretary.
Procedural Schedule for Docket No. N2021-2
[Modified by the Presiding Officer, July 26, 2021]
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Deadlines in Preparation for Hearing:
Filing of Notice Confirming Intent to August 4, 2021.
Conduct Oral Cross-Examination.
Filing of Request to Present Oral August 4, 2021.
Argument.
Filing of Notice of Designations....... August 5, 2021.
Filing of Notices of Designated August 6, 2021.
Materials.
Rebuttal Case Deadlines:
Filing of Rebuttal Cases............... August 4, 2021.
Filing of Notice Confirming Intent to August 5, 2021.
Conduct Oral Rebuttal Cross-
Examination.
Close of Discovery on Rebuttal Cases... August 9, 2021.
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Rebuttal Cases Discovery Responses Due. August 16, 2021.
Filing of Notice of Designations on August 17, 2021.
Rebuttal Discovery Responses.
Surrebuttal Case Deadlines (if
applicable):
Filing of Motion for Leave to File August 6, 2021.
Surrebuttal Case.
Filing of Response to Motion for Leave August 10, 2021.
to File Surrebuttal Case.
Filing of Surrebuttal Case (if August 11, 2021.
authorized).
Hearing Dates: .............................
Hearings (with Rebuttal Case, but no August 11-13, 2021.
authorized Surrebuttal Case).
Hearings (with Rebuttal Case and August 18-20, 2021.
authorized Surrebuttal Case).
Briefing Deadlines:
Filing of Initial Briefs............... August 20, 2021.
Filing of Reply Briefs................. August 27, 2021.
Advisory Opinion Deadline:
Filing of Advisory Opinion (absent September 29, 2021.
determination of good cause for
extension).
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[FR Doc. 2021-16212 Filed 7-29-21; 8:45 am]
BILLING CODE 7710-FW-P
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</html>Indexed from Federal Register on July 30, 2021.
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