Notice2025-16366
Complaint
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
August 27, 2025
Issuing agencies
Postal Regulatory Commission
Abstract
The Commission is providing notice that the Postal Service has moved to transfer the Complainants' request to publicly disclose all non-public documents filed in Docket No. C2009-1 from Docket No. C2024- 13 to Docket No. C2009-1 and to extend the period to respond to the request. This document grants the Postal Service's motion and establishes a new deadline to respond to the Complainants' request.
Full Text
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<title>Federal Register, Volume 90 Issue 164 (Wednesday, August 27, 2025)</title>
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[Federal Register Volume 90, Number 164 (Wednesday, August 27, 2025)]
[Notices]
[Pages 41844-41845]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16366]
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POSTAL REGULATORY COMMISSION
[Docket Nos. C2024-13 and C2009-1; Order No. 9106]
Complaint
AGENCY: Postal Regulatory Commission.
ACTION: Notice.
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SUMMARY: The Commission is providing notice that the Postal Service has
moved to transfer the Complainants' request to publicly disclose all
non-public documents filed in Docket No. C2009-1 from Docket No. C2024-
13 to Docket No. C2009-1 and to extend the period to respond to the
request. This document grants the Postal Service's motion and
establishes a new deadline to respond to the Complainants' request.
DATES: Responses to the request to publicly disclose all non-public
documents are due: September 19, 2025.
ADDRESSES: Documents can be accessed electronically through the
Commission's website at <a href="https://www.prc.gov">https://www.prc.gov</a>.
[[Page 41845]]
FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at
202-789-6820.
SUPPLEMENTARY INFORMATION: On August 1, 2025, Complainants filed a
request pursuant to 39 CFR 3011.401 for the Commission to publicly
disclose all non-public documents in Docket No. C2009-1.\1\ The Postal
Service in response submitted a consolidated filing requesting, among
other relief, that: (1) the Request be transferred out of Docket No.
C2024-13 and into Docket C2009-1 (Motion to Transfer); and (2) the time
for which a response to the Request be due be extended (Motion for
Extension).\2\ For the reasons that follow, the Motion to Transfer and
the Motion for Extension are granted.
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\1\ Motion to make entire C2009-1 (GameFly) docket public per
3011.401, August 1, 2025 (Request). Complainants subsequently filed
an erratum to the Request correcting a regulatory cite. See Motion
to make entire C2009-1 (GameFly) docket public per 3011.401--
erratum, August 4, 2025.
\2\ United States Postal Service Motion to Transfer and
Additional Submissions Related to Complainants' ``Motion to Make
Entire C2009-1 (Gamefly) Docket Public Per 3011.401,'' August 8,
2025, at 14 (``Motion to Transfer'' or ``Motion for Extension'' or,
collectively, ``Response''). The Postal Service also argues that the
Request has not sufficiently identified the ``materials requested
and date(s) that materials were originally submitted under seal.''
Response at 4-6. The Commission disagrees; the Complainants have
identified the requested materials sufficiently to allow the Postal
Service and other interested parties the ability to respond.
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In terms of the Motion to Transfer, the Postal Service asserts that
the Request is more properly considered in Docket No. C2009-1 than in
Docket No. C2024-13 because: (1) the requested records have no utility
in Docket No. C2024-13; (2) handling such a request is outside of the
Presiding Officer's authority in Docket No. C2024-13; (3) there is no
need to further delay the resolution of Docket No. C2024-13; and (4)
there will be increased transparency if the request is dealt with in
Docket No. C2009-1. Motion to Transfer at 2-4. Complainants state that
they take no position on this transfer so long as the Commission
ensures that the Request is handled promptly (i.e., without
``indefinite delay''). Therefore, the Motion to Transfer shall be
granted. Future filings related to the Request shall be submitted in
Docket No. C2009-1.
Regarding the Postal Service's Motion for Extension, 39 CFR
3011.401(c) allows the Commission to prescribe the amount of time under
which parties may oppose a request to publicly disclose non-public
documents.\3\ Here, the Postal Service argues that the Commission
should extend the response period from the standard 7 days because: (1)
given the significant length of the records requested to be disclosed,
the Postal Service (and other interested parties) require considerable
time to review said records; and (2) neither the procedural schedule
nor Complainants' interests will be adversely affected by an extension,
considering that the records cannot conceivably impact ``the Presiding
Officer's resolution of the matters remaining in Docket No. C2024-13''
and that ``all opportunities for advocacy [in Docket No. C2024-13] are
now exhausted.'' \4\ In response, Complainants argue that any extra
time needed to inform other interested parties of the proceedings is
entirely speculative and that the Postal Service's stated rationale
that it needs time to review the records is not credible given that it
requested an extension of indefinite length and did not even include a
partial application under 39 CFR 3011.401(c) suggesting that at least
some of the records should be protected.\5\
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\3\ See 39 CFR 3011.401(c) (emphasis added) (stating that ``[a]
response to the request is due within seven calendar days of the
filing of the request, unless the Commission otherwise provides'').
\4\ See Motion for Extension at 10; see also 39 CFR 3010.162(c)
(stating that a motion for extension ``shall only be granted upon
consideration of the potential adverse impact, if any, on other
participants and the overall impact on the procedural schedule'').
\5\ Reply and response to USPS response & meta-motions re making
entire C2009-1 (GameFly) docket public, August 14, 2025, at 5-7.
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The Commission agrees that an extension is warranted to allow all
interested parties to review the requested materials. Further, for the
reasons stated by the Postal Service, the Commission agrees that
neither the procedural schedule nor Complainants will be prejudiced by
an extension. See Motion for Extension at 6-11. As such, the Commission
will extend the time for interested parties to submit a substantive
response to the Request until September 19, 2025.
It is ordered:
1. The United States Postal Service Motion to Transfer and
Additional Submissions Related to Complainants' ``Motion to Make Entire
C2009-1 (Gamefly) Docket Public Per 3011.401,'' filed August 8, 2025,
is granted to the extent it seeks to transfer consideration of the
underlying request to Docket No. C2009-1 and to extend the period to
respond thereto.
2. All future filings related to Complainants' Motion to Make
Entire C2009-1 (Gamefly) Docket Public Per 3011.401, filed August 1,
2025, shall occur in Docket No. C2009-1.
3. Responses, pursuant to 39 CFR 3011.401(c), to Complainants'
Motion to Make Entire C2009-1 (Gamefly) Docket Public Per 3011.401,
filed August 1, 2025, shall be filed on or before September 19, 2025.
4. The Secretary shall arrange for publication of this Order in the
Federal Register.
By the Commission.
Erica A. Barker,
Secretary.
[FR Doc. 2025-16366 Filed 8-26-25; 8:45 am]
BILLING CODE 7710-FW-P
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</html>Indexed from Federal Register on August 27, 2025.
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