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Notice2022-19635

Service Standard Changes

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Published

September 12, 2022

Issuing agencies

Postal Regulatory Commission

Abstract

The Commission is acknowledging a recently filed Postal Service request for an advisory opinion regarding planned changes to the Critical Entry Time (CET) changes for certain Periodicals. This document invites public comments on the request and addresses several related procedural steps.

Full Text

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<title>Federal Register, Volume 87 Issue 175 (Monday, September 12, 2022)</title>
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[Federal Register Volume 87, Number 175 (Monday, September 12, 2022)]
[Notices]
[Pages 55856-55863]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19635]

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POSTAL REGULATORY COMMISSION

[Docket No. N2022-2; Order No. 6268]

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 regarding planned changes to
the Critical Entry Time (CET) changes for certain Periodicals. This
document invites public comments on the request and addresses several
related procedural steps.

DATES: Notices of intervention are due: September 14, 2022; Live WebEx
Technical Conference: September 12, 2022, at 1 p.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 September 2, 2022, the Postal Service filed a request for an
advisory opinion from the Commission regarding planned changes to the
Critical Entry Times (CETs) for certain Periodicals.\1\ A

[[Page 55857]]

CET is the last time of day that a mailpiece can be tendered to the
Postal Service and have that day count when measuring its expected
service standard.\2\ The Postal Service plans to standardize four of
the five CETs (i.e., CETs for all non-palletized) Periodicals mail by
moving them to the current earliest Periodicals Mail CET of 0800 (where
previously those CETs ranged from 0800-1400). Id. at 2-4. The Postal
Service avers that this change would ``promote simplification of mail
processing operations, and hence more effective allocation and use of
processing personnel and equipment.'' Id. at 4-5.
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\1\ United States Postal Service's Request for an Advisory
Opinion on Changes in the Nature of Postal Services, September 2,
2022 (Request). The Postal Service filed the instant Request at the
direction of the Commission, following the Postal Service's initial
presentation of these proposed changes as part of revisions to the
Market Dominant Service Performance Measurement Plan. See Docket No.
PI2022-3, Order Directing the Postal Service to Request an Advisory
Opinion Prior to Implementing Its Proposed Change to the Critical
Entry Times for Periodicals and Approving the Other Proposed
Revisions to Market Dominant Service Performance Measurement Plan,
July 18, 2022 (Order No. 6232).
\2\ Request at 2. For example, when a mailpiece is tendered
prior to a CET on a Monday with a two-day standard, the piece would
have an expected delivery on Wednesday, and when it is tendered
after the CET, it would have an expected delivery on Thursday.
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The intended effective date of the Postal Service's planned changes
is no earlier than 90 days after the filing of the Request. Id. at 4.
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.

II. Pre-Filing Issues

On August 12, 2022, the Postal Service filed a notice of its intent
to conduct a pre-filing conference regarding its proposed changes to
CETs for certain Periodicals.\3\ Notice at 1.
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\3\ Notice of Pre-Filing Conference, August 12, 2022, at 1.
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On August 16, 2022, the Commission issued Order No. 6251, which
established Docket No. N2022-2 to consider the Postal Service's
proposed changes, notified the public concerning the Postal Service's
pre-filing conference, and appointed a Public Representative.\4\ The
Postal Service held its pre-filing conference virtually on August 25,
2022, from 12:30 p.m. to 1:30 p.m. eastern daylight time (EDT). See
Request at 6. The Postal Service 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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\4\ Notice and Order Concerning the Postal Service's Pre-Filing
Conference, August 16, 2022 (Order No. 6251).
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III. The Request

A. The Postal Service's Planned Changes

Currently, CETs for non-palletized Periodicals Mail range from 0800
(for Bundle Sort Required 3-Digit and Up Container) to 1400 (for No
Bundle Sort Required 5-Digit/Scheme Container). Id. at 3. CETs for this
mail would move to 0800. Id. Currently palletized Periodicals Mail (No
Bundle Sort Required Pure Carrier Route Pallet) has a CET of 1700. Id.
The CET for this mail would remain 1700. Id. Table 1 details the
current and proposed CETs for Periodicals Mail.

Table 1--Current and Planned CETs for Periodicals Mail
------------------------------------------------------------------------
Periodicals mail (origin and
destination) Current CET Planned CET
------------------------------------------------------------------------
Flat Sequencing System (FSS)
No Bundle Sort Required 5-Digit/ 1100 0800
Scheme Container...................
Bundle Sort Required 3-Digit and Up 0800 0800
Container..........................
Non-FSS
No Bundle Sort Required 5-Digit/ 1400 0800
Scheme Container...................
No Bundle Sort Required Pure Carrier 1700 1700
Route Pallet.......................
Bundle Sort Required 3-Digit and Up 1100 0800
Container..........................
------------------------------------------------------------------------
Source: Id. at 3.

B. The Postal Service's Position

The Postal Service asserts that existing CETs for Periodicals Mail:
constrain its ability to effectively allocate staff and utilize
available processing equipment; result in inconsistent and unreliable
service due to challenges to meet applicable service standards; and
result in ineffective processing operations (including non-Periodicals
Mail impacted by the issues identified above). Id. at 2-4. The proposed
CETs, according to the Postal Service, would promote simplification of
processing operations and more effective allocation of processing
personnel and equipment and be consistent with the requirement that the
Postal Service maintain an integrated network for the delivery of
market-dominant and competitive products since it enables more
effective use of equipment and resources for both flat-shaped pieces
and packages. Id. at 4-5.
Overall, according to the Postal Service, the changes are intended
to align Periodicals Mail CETs with the expected arrival time of like-
shaped products in order to improve service reliability for all like-
shaped products. Id. at 5.

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 two witnesses and identifies a third 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. See Request at 4-7. Table 2 below details the Postal
Service's direct case, organized by witness.

Table 2--Postal Service Witnesses
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Witness Topic(s) Designation
----------------------------------------------------------------------------------------------------------------
1. Jake R. Campbell.................... <bullet> Description of current USPS-T-1
Periodicals Mail CETs.

[[Page 55858]]

<bullet> Identification of challenges
with CETs.
<bullet> Impact on other like-shaped
products.
<bullet> Anticipated improvements in
service and reliability as a result of
changing the CETs.
2. Thomas J. Foti...................... <bullet> Description of Periodicals Mail USPS-T-2
as it pertains to proposed CET changes.
<bullet> Assessment of the impact of the
proposed CET changes on Periodicals
Mailers.
<bullet> Summary of mitigation strategies
for such impacts.
3. Sharon Owens........................ <bullet> Institutional witness capable of None filed
providing information relevant to the
Postal Service's proposal that is not
provided by other Postal Service
witnesses.
----------------------------------------------------------------------------------------------------------------
Source: Request at 4-7.

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

Table 3--Postal Service Library References
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Designation Title Sponsoring witness
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USPS-LR-N2022-2-1........................ Periodicals Mail Versus Flats Jake R. Campbell
Mail Comparison.
USPS-LR-N2022-2-2........................ Estimated Impacts to Periodicals Jake R. Campbell
Mail.
USPS-LR-N2022-2-3........................ Runtime Benefits of Bundle Jake R. Campbell
Sorting with 0800 Periodical
CETs.
USPS-LR-N2022-2-NP1...................... Data Used to Calculate Runtime Jake R. Campbell
Benefits of Bundle Sorting with
0800 Periodical CETs.
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Note: The Postal Service filed the non-public library reference under seal (shaded in the above table),
asserting it consists of commercially sensitive information, specifically granular processing information that
is analogous to the same information for competitive products. See Notice of United States Postal Service of
Filing of Library References and Application for Non-Public Treatment, September 2, 2022, Application of the
United States Postal Service for Non-Public Treatment at 4-5.
Source: Notice of United States Postal Service of Filing of Library References and Application for Non-Public
Treatment, September 2, 2022.

IV. Initial Administrative Actions

A. General Procedures

The procedural rules in 39 CFR part 3020 apply to Docket No. N2022-
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. N2022-2. See 39 CFR 3020.122(b). Due to the COVID-19
pandemic and the convenience of parties outside the immediate area that
may wish to participate, the Commission is conducting all business,
including any hearing or public meeting for Docket No. N2022-2
virtually and not in person.

B. Scope

Docket No. N2022-2 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 Ashley E. Poling to serve as presiding officer in
Docket No. N2022-2, 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 Poling 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
Poling 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).

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

[[Page 55859]]

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. N2022-2 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. See 39 CFR 3011.300,
3011.302-.304. 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.
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 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#fd99929e9698898ebd8d8f9ed39a928b">[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#d8bcb7bbb3bdacab98a8aabbf6bfb7ae">[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 September 12,
2022, at 1 p.m. EDT. 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 two witnesses whose direct
testimony was filed along with the Request and a third 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 10; see also 39 CFR
3020.113(b)(6)-(7), 3020.115(b). The names and topics to which these
three individuals are prepared to address are summarized above in
section III.C., table 1, infra.
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 1 p.m. EDT on September 12, 2022, an
individual must click on the internet link that will be identified on
the Commission's YouTube Channel, which is available at https://
www.youtube.com/channel/UCbHvK-

[[Page 55860]]

S8CJFT5yNQe4MkTiQ. 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 three witnesses. Details on how to
participate in the live WebEx (and have the opportunity to question the
Postal Service's three 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 three 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#feac9b99978d8a8c9f8a979190be8e8c9dd0999188">[email&#160;protected]</a>, with the subject line ``N2022-2 Conference
Registration'' by September 8, 2022. 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#7a281f1d13090e081b0e1315143a0a0819541d150c">[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.\6\ 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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\6\ 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. N2022-2
(such as PowerPoint presentations or Excel spreadsheets) that the
Postal Service expects to present at the technical conference by
September 9, 2022. 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).
The Commission reserves the right to cancel the technical
conference should no parties register an intent to question the Postal
Service's three witnesses.

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 September 14, 2022.\7\ 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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\7\ 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
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. See 39 CFR 3020.116-3020.119. 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.\8\
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\8\ See 39 CFR 3020.117(a); Order No. 2080 at 42; see also
Docket No. N2021-1, 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.\9\ 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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\9\ 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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2. Discovery Deadlines for the Postal Service's Direct Case
All discovery requests regarding the Postal Service's direct case
must be filed by September 29, 2022. All discovery answers by the
Postal Service must be filed by October 6, 2022. 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

[[Page 55861]]

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 October 7, 2022. Any rebuttal
case, consisting of any testimony and all materials in support of the
case, must be filed by October 12, 2022.

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 a 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 October 14, 2022. Any response to such
motion is due October 17, 2022. Any surrebuttal case, consisting of any
testimony and all materials in support of the case, must be filed by
October 19, 2022.

L. Hearing Dates

The Commission expects that this case will require no more than 1
or 2 business days for hearing, but reserves 3 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 October 7, 2022, then the hearing of
the Postal Service's direct case shall begin October 12, 2022, with
additional days reserved on October 13, 2022, and October 14, 2022. If
any party files a notice of intent to file a rebuttal case by October
7, 2022 but no surrebuttal testimony will be presented, then the
hearing of the Postal Service's direct case shall begin October 19,
2022, with additional days reserved on October 20, 2022, and October
21, 2022. If any party files a notice of intent to file a rebuttal case
by October 7, 2022, and the Commission approves the presentation of
surrebuttal testimony, then the hearing of the Postal Service's direct
case shall begin October 26, 2022, and the hearing of the surrebuttal
case shall end October 28, 2022.

M. Presentation of Evidence and Testimony

Evidence and testimony shall be in writing and may be accompanied
by a trial brief or legal memoranda. 39 CFR 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 October 6, 2022. The notice must
include an estimate of the amount of time requested for each witness.
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 October 7, 2022.
Assuming that no rebuttal case is filed, on October 11, 2022, 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 an Adobe PDF file that contains 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). The
Postal Service shall also contemporaneously file any corrections to
testimony (with those corrections highlighted).

N. Presentation of Argument

1. General Procedures
Any person that has intervened in Docket No. N2022-2 (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.
N2022-2 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).
a. Briefing Deadlines
Assuming that no rebuttal case is filed, initial briefs are due
October 21, 2022, and reply briefs are due October 27, 2022. If any
party files a notice confirming its intent to file a rebuttal case by
October 7, 2022, 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 October 21, 2022.
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 October 11, 2022.

[[Page 55862]]

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 December 1, 2022. ``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), Katrina R. Martinez 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. 6251 at 3.

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 Ashley E. Poling to serve as presiding officer in
Docket No. N2022-2, effective immediately.
3. Commissioner Poling 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 Poling 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 Poling 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), Katrina R. Martinez 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.
Erica A. Barker,
Secretary.

Procedural Schedule for Docket No. N2022-2
[Established by the Commission, September 6, 2022]
------------------------------------------------------------------------

------------------------------------------------------------------------
Technical Conference Dates:
Deadline to Email <a href="/cdn-cgi/l/email-protection#0c5e696b657f787e6d786563624c7c7e6f226b637a">[email&#160;protected]</a> September 8, 2022.
to Register to Participate in the Live
Technical Conference via WebEx.
Filing of the Postal Service's September 9, 2022.
Materials (if any) for the Technical
Conference.
Technical Conference (live via WebEx).. September 12, 2022, at 1:00
p.m. Eastern Daylight
Time.
Intervention Deadline:
Filing of Notice of Intervention....... September 14, 2022.
Discovery Deadlines for the Postal
Service's Direct Case:
Last Filing of Discovery Requests...... September 29, 2022.
Filing of the Postal Service's Answers October 6, 2022.
to Discovery.
Deadlines in Preparation for Hearing
(assuming no rebuttal case):
Filing of Notice Confirming Intent to October 6, 2022.
Oral Conduct Cross-Examination.
Filing of Notice of Designations October 7, 2022.
(Parties).
Filing of Request to Present Oral October 11, 2022.
Argument.
Filing of Notices of Designated October 11, 2022.
Materials (Postal Service).
Rebuttal Case Deadlines (if applicable):
Filing of Notice Confirming Intent to October 7, 2022.
File a Rebuttal Case.
Filing of Rebuttal Case................ October 12, 2022.
Surrebuttal Case Deadlines (if applicable):
Filing of Motion for Leave to File October 14, 2022.
Surrebuttal Case.
Filing of Response to Motion for Leave October 17, 2022.
to File Surrebuttal Case.
Filing of Surrebuttal Case (if October 19, 2022.
authorized).
Hearing Dates:
Hearings (with no Rebuttal Case)....... October 12 to 14, 2022.
Hearings (with Rebuttal Case, but no October 19 to 21, 2022.
authorized Surrebuttal Case).
Hearings (with Rebuttal Case and October 26 to 28, 2022.
authorized Surrebuttal Case).
Briefing Deadlines:
Filing of Initial Briefs (with no October 21, 2022.
Rebuttal Case).
Filing of Reply Briefs (with no October 27, 2022.
Rebuttal Case).
Statement of Position Deadline:
Filing of Statement of Position (with October 21, 2022.
no Rebuttal Case).
Advisory Opinion Deadline:
Filing of Advisory Opinion (absent December 1, 2022.
determination of good cause for
extension).
------------------------------------------------------------------------

Docket N2022-2 Template To Attach to Motion for Access to Non-Public
Material Protective Conditions Statement

[[Page 55863]]

[cir] The Certification to Comply with Protective Conditions;
[cir] The Certification of Compliance with Protective Conditions
and Termination of Access; and
[cir] The Commission's rules applicable to access to non-public
materials filed in Commission proceedings (subpart C of part 3011 of
the U.S. Code of Federal Regulations).
Each person (and any individual working on behalf of that person)
seeking access to these materials has executed a Certification to
Comply with Protective Conditions by signing in ink or by typing /s/
before his or her name in the signature block. The movant attaches the
Protective Conditions Statement and the executed Certification(s) to
Comply with Protective Conditions to the motion for access filed with
the Commission.
The movant and each person seeking access to these materials agree
to comply with the following protective conditions:
1. In accordance with 39 CFR 3011.303, the Commission may impose
sanctions on any person who violates these protective conditions, the
persons or entities on whose behalf the person was acting, or both.
2. In accordance with 39 CFR 3011.300(b), no person involved in
competitive decision-making for any individual or entity that might
gain competitive advantage from using these materials shall be granted
access to these materials. Involved in competitive decision-making
includes consulting on marketing or advertising strategies, pricing,
product research and development, product design, or the competitive
structuring and composition of bids, offers or proposals. It does not
include rendering legal advice or performing other services that are
not directly in furtherance of activities in competition with an
individual or entity having a proprietary interest in the protected
material.
3. In accordance with 39 CFR 3011.302(a), a person granted access
to these materials may not disseminate these materials in whole or in
part to any person not allowed access pursuant to 39 CFR 3011.300(a)
(Commission and court personnel) or 3011.301 (other persons granted
access by Commission order) except in compliance with:
a. Specific Commission order,
b. Subpart B of 39 CFR 3011 (procedure for filing these materials
in Commission proceedings), or
c. 39 CFR 3011.305 (production of these materials in a court or
other administrative proceeding).
4. In accordance with 39 CFR 3011.302(b) and (c), all persons
granted access to these materials:
a. Must use these materials only related to this matter; and
b. Must protect these materials from any person not authorized to
obtain access under 39 CFR 3011.300 or 3011.301 by using the same
degree of care, but no less than a reasonable degree of care, to
prevent the unauthorized disclosure of these materials as those
persons, in the ordinary course of business, would be expected to use
to protect their own proprietary material or trade secrets and other
internal, confidential, commercially sensitive, and privileged
information.
5. The duties of each person granted access to these materials
apply to all:
a. Disclosures or duplications of these materials in writing,
orally, electronically, or otherwise, by any means, format, or medium;
b. Excerpts from, parts of, or the entirety of these materials;
c. Written materials that quote or contain these materials; and
d. Revised, amended, or supplemental versions of these materials.
6. All copies of these materials will be clearly marked as
``Confidential'' and bear the name of the person granted access.
7. Immediately after access has terminated pursuant to 39 CFR
3011.304(a)(1), each person (and any individual working on behalf of
that person) who has obtained a copy of these materials must execute
the Certification of Compliance with Protective Conditions and
Termination of Access. In compliance with 39 CFR 3011.304(a)(2), the
movant will attach the executed Certification(s) of Compliance with
Protective Conditions and Termination of Access to the notice of
termination of access filed with the Commission.
8. Each person granted access to these materials consents to these
or such other conditions as the Commission may approve.
Respectfully submitted,

/s/______
(signature of representative)
(print name of representative)
(address line 1 of representative)
(address line 2 of representative)
(telephone number of representative)
(email address of representative)
(choose the appropriate response)
Attorney/Non[dash]Attorney Representative for (name of the movant)
You may delete the instructional text to complete this form. This
form may be filed as an attachment to the motion for access to non-
public materials under 39 CFR 3011.301(b)(5).

Certification To Comply With Protective Conditions

The Postal Service requests confidential treatment of non-public
materials identified as ___ (non-confidential description of non-public
materials) (hereinafter ``these materials'') filed in Commission Docket
No. N2022-2.
___ (name of participant filing motion) requests that the
Commission grant me access to these materials to use related to Docket
No. N2022-2 (hereinafter ``this matter'').
I certify that:
[cir] I have read and understand the Protective Conditions
Statement and this Certification to Comply with Protective Conditions;
[cir] I am eligible to receive access to these materials because I
am not involved in competitive decision-making for any individual or
entity that might gain competitive advantage from using these
materials; and
[cir] I will comply with all protective conditions established by
the Commission.

/s/______
(signature of individual receiving access)
(print name of individual receiving access)
(title of individual receiving access)
(employer of individual receiving access)
(name of the participant filing the motion)
(date)

You may delete the instructional text to complete this form. This
form may be filed as an attachment to the motion for access to non-
public materials under 39 CFR 3011.301(b)(6).

[FR Doc. 2022-19635 Filed 9-9-22; 8:45 am]
BILLING CODE 7710-FW-P

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