[Federal Register Volume 81, Number 119 (Tuesday, June 21, 2016)]
[Rules and Regulations]
[Pages 40191-40195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14553]



[[Page 40191]]

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POSTAL SERVICE

39 CFR Parts 952, 953, 954, 955, 958, 959, 962, 963, 964, 965


Rules of Procedure Before the Judicial Officer

AGENCY: Postal Service.

ACTION: Final rule.

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SUMMARY: This document amends the rules of practice prescribed by the 
Judicial Officer to implement an electronic filing system and to 
clarify the assigning judge in matters governed by the Administrative 
Procedure Act.

DATES: Effective date: July 21, 2016.

FOR FURTHER INFORMATION CONTACT: Diane Mego, (703) 812-1900, Postal 
Service Judicial Officer Department, 2101 Wilson Boulevard, Suite 600, 
Arlington, VA 22201-3078.

SUPPLEMENTARY INFORMATION: 

A. Background

    Changes to the rules of practice are necessary to accommodate the 
Judicial Officer Department's electronic filing system and establish 
rules relative to that system; for the Chief Administrative Law Judge 
to assign the presiding judge in cases governed by the Administrative 
Procedure Act, 5 U.S.C. 551, et seq.; and to delete the automatic 
scheduling of a hearing upon receipt of a mailability appeal. Changes 
to the authority citations are necessary to identify the authority for 
adjudicating each type of case, as well as the Chief Administrative Law 
Judge's authority for adjudicating them under the Administrative 
Procedure Act.

B. Explanation of Changes

Amendments to 39 CFR Part 952

    The authority citation is revised to identify the authority for 
adjudicating this type of case, as well as the Chief Administrative Law 
Judge's authority for adjudicating it under the Administrative 
Procedure Act.
    In Sec.  952.4, the heading is revised to Office business hours; 
electronic filing, and the text is amended as follows:
     The existing paragraph is designated paragraph (a), and is 
amended to clarify the office hours.
     Paragraph (b) is added to identify the Internet address 
for the electronic filing system.
    In Sec.  952.9, the heading is revised to Filing; docketing and 
serving documents, and the text is amended as follows:
     Paragraph (a) is amended to indicate that electronic 
filing is required and when documents submitted by parties are 
considered received.
     Paragraph (b) is amended to include electronic filing and 
when service of documents on the opposing party is required.
     Paragraphs (c) and (d) are deleted.

Amendments to 39 CFR Part 953

    The authority citation is revised to identify the authority for 
adjudicating this type of case, as well as the Chief Administrative Law 
Judge's authority for adjudicating it under the Administrative 
Procedure Act.
    In Sec.  953.2, concerning initiation, the text is amended to 
identify the Internet address for the electronic filing system. In 
Sec.  953.4, the heading is revised to Filing, docketing and serving 
documents; service of notice; reply; motion for summary judgment. The 
text of Sec.  953.4 is amended to indicate that electronic filing is 
required, delete the automatic scheduling of a hearing, indicate when 
documents submitted by the parties are considered received, provide for 
service on appellant by the Postal Service, and indicate when service 
of documents on the opposing party is required for purposes of the 
electronic filing system.
    In Sec.  953.10, concerning presiding officers, the text is amended 
to have the Chief Administrative Law Judge assign cases.

Amendments to 39 CFR Part 954

    The authority citation is revised to identify the authority for 
adjudicating this type of case, as well as the Chief Administrative Law 
Judge's authority for adjudicating it under the Administrative 
Procedure Act.
    In Sec.  954.4, the heading is revised to Office business hours; 
electronic filing and the text is amended as follows:
     The existing paragraph is designated paragraph (a) and is 
amended to clarify the office hours.
     Paragraph (b) is added to identify the Internet address 
for the electronic filing system.
    In Sec.  954.8, concerning pleading, paragraph (a) is amended to 
indicate electronic filing is required, when documents submitted by 
parties are considered received, and to indicate when service of 
documents on the opposing party is required for purposes of the 
electronic filing system.

Amendments to 39 CFR Part 955

    In Sec.  955.1, concerning jurisdiction, procedure, and service of 
documents in proceedings before the Board, paragraph (b)(1) is amended 
to update the Internet address for the electronic filing system.

Amendments to 39 CFR Part 958

    The authority citation is revised to identify the Chief 
Administrative Law Judge's authority for adjudicating this type of case 
under the Administrative Procedure Act.
    In Sec.  958.2, concerning definitions, paragraph (g) is amended to 
have the Chief Administrative Law Judge assign cases.
    In Sec.  958.19, concerning form and filing of documents, paragraph 
(b) is amended to indicate electronic filing is required, identify the 
Internet address for the electronic filing system, and indicate when 
documents submitted by the parties are considered received.
    In Sec.  958.20, the heading is revised to Service, and the text is 
revised to indicate when service of documents on the opposing party is 
required for purposes of the electronic filing system.

Amendments to 39 CFR Part 959

    The authority citation is revised to identify the authority for 
adjudicating this type of case, as well as the Chief Administrative Law 
Judge's authority for adjudicating it under the Administrative 
Procedure Act.
    In Sec.  959.3, the heading is revised to Office address and 
business hours; electronic filing. The text is revised to clarify the 
office hours and new paragraph (b) is added to identify the Internet 
address for the electronic filing system.
    In Sec.  959.9, concerning filing documents for the record, the 
following paragraphs are amended:
     Paragraph (a) is amended to require electronic filing and 
indicate when service of documents on the opposing party is required 
for purposes of the electronic filing system.
     Paragraph (b) is deleted.
     Paragraph (c) is redesignated as paragraph (b) and revised 
to include when documents submitted by the parties are considered 
received.

Amendments to 39 CFR Part 962

    The authority citation is revised to identify the Chief 
Administrative Law Judge's authority for adjudicating this case type 
under the Administrative Procedure Act.
    In Sec.  962.2, concerning definitions, paragraph (i) is amended to 
have the Chief Administrative Law Judge assign cases.
    In Sec.  962.22, concerning form and filing of documents:
     Paragraph (a) is amended to require electronic filing and 
identify the Internet address for the electronic filing system.
     Paragraph (b) is amended to indicate when documents 
submitted by the parties are considered received.
    In Sec.  962.23, the heading is revised to Service, and the text is 
revised to

[[Page 40192]]

indicate when service of documents on the opposing party is required 
for purposes of the electronic filing system.

Amendments to 39 CFR Part 963

    In Sec.  963.3, the heading is revised to Petition; notice of 
hearing; answer; filing of documents; summary judgment, and the text is 
revised as follows:
     The last sentence of paragraph (a) is amended to identify 
the Internet address for the electronic filing system.
     Paragraph (d) is amended to indicate that electronic 
filing is required, when documents submitted by parties are considered 
received, and when service of documents on the opposing party is 
required for purposes of the electronic filing system.

Amendments to 39 CFR Part 964

    The authority citation is revised to identify the Chief 
Administrative Law Judge's authority for adjudicating this type of case 
under the Administrative Procedure Act.
    In Sec.  964.3, the heading is revised to Customer petitions, 
notice of hearing; answer; summary judgment; filing and service, and 
the text is revised as follows:
     Paragraph (a) is amended to indicate that electronic 
filing is required and identify the Internet address for the electronic 
filing system
     Paragraph (e), Filing and service, is added to indicate 
that electronic filing is required, when documents submitted by parties 
are considered received, and when service of documents on the opposing 
party is required for purposes of the electronic filing system.
    In Sec.  964.7, concerning presiding officers, the text is amended 
to have the Chief Administrative Law Judge assign cases.

Amendments to 39 CFR Part 965

    In Sec.  965.5, concerning initial submissions by parties, the text 
is revised to indicate that electronic filing is required, and to 
identify the Internet address for the electronic filing system.

List of Subjects

39 CFR Part 952

    Administrative practice and procedure, Fraud, Lotteries, Postal 
Service.

39 CFR Part 953

    Administrative practice and procedure, Mailability, Postal Service.

39 CFR Part 954

    Administrative practice and procedure, Periodicals, Postal Service.

39 CFR Part 955

    Administrative practice and procedure, government contracts, Postal 
Service.

39 CFR Part 958

    Administrative practice and procedure, Postal Service.

39 CFR Part 959

    Administrative practice and procedure, Privacy, Postal Service.

39 CFR Part 962

    Administrative practice and procedure, Fraud, Postal Service.

39 CFR Part 963

    Administrative practice and procedure, Advertising, Postal Service.

39 CFR Part 964

    Administrative practice and procedure, Fictitious names or 
addresses, Fraud, Postal Service.

39 CFR Part 965

    Administrative practice and procedure, Mail Disputes, Postal 
Service.
    Accordingly, for the reasons stated, the Postal Service amends 39 
CFR parts 952, 953, 954, 955, 958, 959, 962, 963, 964, and 965 as 
follows:

PART 952--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO FALSE 
REPRESENTATION AND LOTTERY ORDERS

0
1. Revise the authority citation for 39 CFR Part 952 to read as 
follows:

    Authority:  39 U.S.C. 204, 401, 3001, 3005, 3012, 3016; 5 U.S.C. 
554.


0
2. Revise Sec.  952.4 to read as follows:


Sec.  952.4  Office business hours; electronic filing.

    (a) The offices of the officials identified in these rules are 
located at 2101 Wilson Boulevard, Suite 600, Arlington, VA 22201-3078. 
Normal business hours are between 8:45 a.m. and 4:45 p.m. (Eastern 
Time), Monday through Friday except holidays.
    (b) The Judicial Officer electronic filing system Web site is 
accessible 24 hours a day at https://uspsjoe.justware.com/justiceweb.

0
3. Revise Sec.  952.9 to read as follows:


Sec.  952.9  Filing; docketing and serving documents.

    (a) Unless the presiding officer permits otherwise, all documents 
must be filed using the electronic filing system. Documents submitted 
using the electronic filing system are considered filed as of the date/
time (Eastern Time) reflected in the system. Documents mailed to the 
Recorder are considered filed on the date mailed as evidenced by a 
United States Postal Service postmark. Filings by any other means are 
considered filed upon receipt by the Recorder of a complete copy of the 
filing during normal business hours. Discovery need not be filed except 
as may be sought to be included in the record, or as may be ordered by 
the presiding officer.
    (b) Documents shall be dated and state the docket number and title 
of the proceeding. Any pleading or other document required by order of 
the presiding officer to be filed by a specified date must be received 
in the electronic filing system or by the Recorder on or before such 
date. If both parties are participating in the electronic filing 
system, separate service upon the opposing party is not required. 
Otherwise, documents shall be served personally or by mail on the 
opposing party, noting on the document filed, or on the transmitting 
letter, that a copy has been so furnished.

PART 953--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO MAILABILITY

0
4. Revise the authority citation for 39 CFR Part 953 to read as 
follows:

    Authority: 39 U.S.C. 204, 401, 3001; 5 U.S.C. 554.


0
5. Revise Sec.  953.2 to read as follows:


Sec.  953.2  Initiation.

    Mailability proceedings are initiated upon the filing of an appeal 
in the Judicial Officer electronic filing system at https://uspsjoe.justware.com/justiceweb or with the Recorder, Judicial Officer 
Department, U.S. Postal Service, 2101 Wilson Boulevard, Suite 600, 
Arlington, VA 22201-3078.

0
6. Revise Sec.  953.4 to read as follows:


Sec.  953.4  Filing, docketing and serving documents; service of 
notice; reply; motion for summary judgment.

    (a) Filing. Unless the presiding officer permits otherwise, all 
documents must be filed using the electronic filing system. Documents 
submitted using the electronic filing system are considered filed as of 
the date/time (Eastern Time) reflected in the system. Documents mailed 
to the Recorder are considered filed on the date mailed as evidenced by 
a United States Postal Service postmark. Filings by any other means are 
considered filed upon receipt by the Recorder of a complete copy of the 
filing during normal business hours. Normal business hours are between 
8:45 a.m. and 4:45 p.m. (Eastern Time), Monday

[[Page 40193]]

through Friday except holidays. If both parties are participating in 
the electronic filing system, separate service upon the opposing party 
is not required. Otherwise, documents shall be served personally or by 
mail on the opposing party, noting on the document filed, or on the 
transmitting letter, that a copy has been so furnished.
    (b) Service of notice. (1) Upon receiving the appeal, the Recorder 
shall issue a notice specifying that the Postal Service General 
Counsel's or Chief Postal Inspector or his or her designee's reply 
shall be filed within 15 days of receipt of the notice.
    (2) The Recorder shall promptly serve this notice on the parties as 
follows:
    (i) The notice, with a copy of the appeal, shall be sent to the 
General Counsel or the Chief Postal Inspector or his or her designee.
    (ii) When the appellant's address is within the United States, the 
notice, with a copy of the appeal, shall be sent to the postmaster at 
the office that delivers mail to the appellant's address. The 
postmaster shall be instructed that, acting personally or through a 
supervisory employee or a postal inspector, he or she is to serve these 
documents on the appellant. If the appellant cannot be found within 3 
days, the postmaster shall send these documents to the appellant by 
ordinary mail and forward a statement to the Recorder that is signed by 
the delivering employee and that specifies the time and place of 
delivery.
    (iii) When the appellant's address is outside the United States, 
the notice, with a copy of the appeal, shall be sent to the appellant 
by registered mail, return receipt requested. A written statement by 
the Recorder, noting the time and place of mailing, shall be accepted 
as proof of service in the event a signed and dated return receipt is 
not received.
    (c) Reply. The General Counsel, the Chief Postal Inspector, or that 
officer's designee shall file a reply within the aforementioned 15-day 
period or any period granted by the presiding officer for good cause 
shown. If the reply so filed fails to address any additional allegation 
in the appeal, that allegation shall be deemed admitted.
    (d) Motion for summary judgment. Upon motion of the General 
Counsel, the Chief Postal Inspector, that officer's designee, or the 
appellant, or on the presiding officer's own initiative, the presiding 
officer may find that the appeal and answer present no genuine and 
material issues of fact requiring an evidentiary hearing, and thereupon 
may render an initial decision upholding or reversing the determination 
or ruling. The initial decision shall become the final Agency decision 
if a timely appeal is not taken.

0
7. Revise Sec.  953.10 to read as follows:


Sec.  953.10  Presiding Officers.

    The presiding officer at any hearing shall be an Administrative Law 
Judge qualified in accordance with law or the Judicial Officer (39 
U.S.C. 204). The Chief Administrative Law Judge shall assign cases. The 
Judicial Officer may preside at the hearing if an Administrative Law 
Judge is unavailable.

PART 954--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO THE DENIAL, 
SUSPENSION, OR REVOCATON OF PERIODICALS MAIL PRIVILEGES

0
8. Revise the authority citation for 39 CFR part 954 to read as 
follows:

    Authority:  39 U.S.C. 204, 401, 3685; 5 U.S.C. 554.


0
9. Revise Sec.  954.4 to read as follows:


Sec.  954.4  Office business hours; electronic filing.

    (a) The offices of the officials identified in these rules are 
located at 2101 Wilson Boulevard, Suite 600, Arlington, VA 22201-3078. 
Normal Business hours are between 8:45 a.m. and 4:45 p.m. (Eastern 
Time), Monday through Friday except holidays.
    (b) The Judicial Officer electronic filing system Web site is 
accessible 24 hours a day at https://uspsjoe.justware.com/justiceweb.
0
10. In Sec.  954.8, paragraph (a) is revised to read as follows:


Sec.  954.8  Pleading.

    (a) Filing and service. All documents required under this part must 
be filed using the electronic filing system unless the presiding 
officer permits otherwise. Documents submitted using the electronic 
filing system are considered filed as of the date/time (Eastern Time) 
reflected in the system. Documents mailed to the Recorder are 
considered filed on the date mailed as evidenced by a United States 
Postal Service postmark. Filings by any other means are considered 
filed upon receipt by the Recorder of a complete copy of the filing 
during normal business hours. If both parties are participating in the 
electronic filing system, separate service upon the opposing party is 
not required. Otherwise, documents shall be served personally or by 
mail on the opposing party, noting on the document filed, or on the 
transmitting letter, that a copy has been so furnished. The Recorder 
shall maintain a docket and the files in all proceedings.
* * * * *

PART 955--RULES OF PRACTICE BEFORE THE POSTAL SERVICE BOARD OF 
CONTRACT APPEALS

0
11. The authority citation for 39 CFR part 955 continues to read as 
follows:

    Authority:  39 U.S.C. 204, 401; 41 U.S.C. 7101-7109.


0
12. In Sec.  955.1, revise the final sentence of paragraph (b)(1) to 
read as follows:


Sec.  955.1  Jurisdiction, procedure, service of documents.

* * * * *
    (b) * * *
    (1) * * * The Web site for electronic filing is https://uspsjoe.justware.com/justiceweb.
* * * * *

PART 958--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO CIVIL 
PENALTIES, CLEAN-UP COSTS AND DAMAGES FOR VIOLATION OF HAZARDOUS 
MATERIAL REGULATIONS

0
13. Revise the authority citation for 39 CFR part 958 to read as 
follows:

    Authority:  39 U.S.C. 204, 401, 3001, 3018; 5 U.S.C. 554.


0
14. In Sec.  958.2, revise paragraph (g) to read as follows:


Sec.  958.2  Definitions.

* * * * *
    (g) Presiding Officer refers to an Administrative Law Judge 
designated by the Chief Administrative Law Judge to conduct a hearing, 
or to the Judicial Officer, if an Administrative Law Judge is not 
available.
* * * * *

0
15. In Sec.  958.19, revise paragraph (b) to read as follows:


Sec.  958.19  Form and Filing of documents.

* * * * *
    (b) All pleadings and documents required under this part must be 
filed using the Judicial Officer electronic filing system unless the 
presiding officer permits otherwise. The Judicial Officer electronic 
filing system Web site is accessible 24 hours a day at https://uspsjoe.justware.com/justiceweb. Documents submitted using the 
electronic filing system are considered filed as of the date/time 
(Eastern Time) reflected in the system. Documents mailed to the 
Recorder are considered filed on the date mailed as evidenced by a 
United States Postal Service postmark. Filings by any other means are

[[Page 40194]]

considered filed upon receipt by the Recorder of a complete copy of the 
filing during normal business hours. Normal business hours are between 
8:45 a.m. and 4:45 p.m. (Eastern Time), Monday through Friday except 
holidays.
* * * * *

0
16. Revise Sec.  958.20 to read as follows:


Sec.  958.20  Service.

    If both parties are participating in the electronic filing system, 
separate service upon the opposing party is not required. Otherwise, 
documents shall be served personally or by mail on the opposing party, 
noting on the document filed, or on the transmitting letter, that a 
copy has been so furnished.

PART 959--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO THE PRIVATE 
EXPRESS STATUTES

0
17. Revise the authority citation for 39 CFR part 959 to read as 
follows:

    Authority:  39 U.S.C. 204, 401; 601-606; 18 U.S.C. 1693-1699; 5 
U.S.C. 554; 39 CFR 310, 320.


0
18. Revise Sec.  959.3 to read as follows:


Sec.  959.3  Office address and business hours; electronic filing

    (a) The offices of the officials identified in these rules are 
located at 2101 Wilson Boulevard, Suite 600, Arlington, VA 22201-3078. 
Normal Business hours are between 8:45 a.m. and 4:45 p.m. (Eastern 
Time), Monday through Friday except holidays.
    (b) The Judicial Officer electronic filing system Web site is 
accessible 24 hours a day at https://uspsjoe.justware.com/justiceweb.

0
19. Revise Sec.  959.9 to read as follows:


Sec.  959.9  Filing documents for the record.

    (a) All documents required under this part must be filed using the 
electronic filing system unless the presiding officer permits 
otherwise. If both parties are participating in the electronic filing 
system, separate service upon the opposing party is not required. 
Otherwise, documents shall be served personally or by mail on the 
opposing party, noting on the document filed, or on the transmitting 
letter, that a copy has been so furnished.
    (b) Documents shall be dated and state the title of the proceeding 
and, except initial petitions, the docket number. Documents submitted 
using the electronic filing system are considered filed as of the date/
time (Eastern Time) reflected in the system. Documents mailed to the 
Recorder are considered filed on the date mailed as evidenced by a 
United States Postal Service postmark. Filings by any other means are 
considered filed upon receipt by the Recorder of a complete copy of the 
filing during normal business hours.

PART 962--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO THE PROGRAM 
FRAUD CIVIL REMEDIES ACT

0
20. Revise the authority citation for 39 CFR part 962 to read as 
follows:

    Authority:  31 U.S.C. 3801-12; 39 U.S.C. 401; 5 U.S.C. 554.

0
21. In Sec.  962.2, revise paragraph (i) to read as follows:


Sec.  962.2  Definitions.

* * * * *
    (i) Presiding Officer refers to an Administrative Law Judge 
designated by the Chief Administrative Law Judge to conduct a hearing 
authorized by 31 U.S.C. 3803.
* * * * *

0
22. In Sec.  962.22, revise the introductory text of paragraph (a) and 
revise paragraph (b) to read as follows:


Sec.  962.22  Form and filing of documents.

    (a) All pleadings and documents required under this part must be 
filed using the Judicial Officer electronic filing system unless the 
presiding officer permits otherwise. The Judicial Officer electronic 
filing system Web site is accessible 24 hours a day at https://uspsjoe.justware.com/justiceweb. Every pleading filed in a proceeding 
under this part must:
* * * * *
    (b) Documents submitted using the electronic filing system are 
considered filed as of the date/time (Eastern Time) reflected in the 
system. Documents mailed to the Recorder are considered filed on the 
date mailed as evidenced by a United States Postal Service postmark. 
Filings by any other means are considered filed upon receipt by the 
Recorder of a complete copy of the filing during normal business hours. 
Normal business hours are between 8:45 a.m. and 4:45 p.m. (Eastern 
Time), Monday through Friday except holidays.
* * * * *

0
23. Revise Sec.  962.23 to read as follows:


Sec.  962.23  Service.

    If both parties are participating in the electronic filing system, 
separate service upon the opposing party is not required. Otherwise, 
documents shall be served personally or by mail on the opposing party, 
noting on the document filed, or on the transmitting letter, that a 
copy has been so furnished.

PART 963--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO VIOLATIONS 
OF THE PANDERING ADVERTISEMENTS STATUTE, 39 U.S.C. 3008

0
24. The authority citation for 39 CFR part 963 continues to read as 
follows:

    Authority:  39 U.S.C. 204, 401, 3008.


0
25. In Sec.  963.3, the final sentence of paragraph (a) is revised and 
paragraph (d) is revised to read as follows:


Sec.  963.3  Petition; notice of hearing; answer; filing; summary 
judgment.

    (a) * * * The Manager will forward each timely petition to the 
Recorder through the Judicial Officer Department electronic filing 
system at https://uspsjoe.justware.com/justiceweb.
* * * * *
    (d) Filing. All documents required under this part must be filed 
using the electronic filing system (https://uspsjoe.justware.com/justiceweb) unless the presiding officer permits otherwise. Documents 
submitted using the electronic filing system are considered filed as of 
the date/time (Eastern Time) reflected in the system. Documents mailed 
to the Recorder are considered filed on the date mailed as evidenced by 
a United States Postal Service postmark. Filings by any other means are 
considered filed upon receipt by the Recorder of a complete copy of the 
filing during normal business hours. Normal business hours are between 
8:45 a.m. and 4:45 p.m. (Eastern Time), Monday through Friday except 
holidays. If both parties are participating in the electronic filing 
system, separate service upon the opposing party is not required. 
Otherwise, documents shall be served personally or by mail on the 
opposing party, noting on the document filed, or on the transmitting 
letter, that a copy has been so furnished. The Recorder shall maintain 
a docket and the files in all proceedings.
* * * * *

PART 964--RULES OF PRACTICE GOVERNING DISPOSITION OF MAIL WITHHELD 
FROM DELIVERY PURSUANT TO 39 U.S.C. 3003, 3004

0
26. Revise the authority citation for 39 CFR part 964 to read as 
follows:

    Authority:  39 U.S.C. 204, 401, 3003, 3004; 5 U.S.C. 554.


0
27. In Sec.  964.3, revise the second and third sentences of paragraph 
(a), and add paragraph (e) to read as follows:

[[Page 40195]]

Sec.  964.3  Customer petitions; notice of hearing; answer; summary 
judgment; filing and service.

    (a) Petition. * * * The Petition, signed by the Petitioner or his 
or her attorney, shall be filed via the Judicial Officer Electronic 
filing system at https://uspsjoe.justware.com/justiceweb or via 
certified mail to the Recorder, Judicial Officer Department, United 
States Postal Service, 2101 Wilson Boulevard, Suite 600, Arlington, VA 
22201-3078. The Petition must be filed within 14 days of the date upon 
which the Petitioner received the notice. * * *
* * * * *
    (e) Filing and service. All documents required under this part must 
be filed using the electronic filing system unless the presiding 
officer permits otherwise. Documents submitted using the electronic 
filing system are considered filed as of the date/time (Eastern Time) 
reflected in the system. Documents mailed to the Recorder are 
considered filed on the date mailed as evidenced by a United States 
Postal Service postmark. Filings by any other means are considered 
filed upon receipt by the Recorder of a complete copy of the filing 
during normal business hours. Normal business hours are between 8:45 
a.m. and 4:45 p.m. (Eastern Time), Monday through Friday except 
holidays. If both parties are participating in the electronic filing 
system, separate service upon the opposing party is not required. 
Otherwise, documents shall be served personally or by mail on the 
opposing party, noting on the document filed, or on the transmitting 
letter, that a copy has been so furnished.

0
28. In Sec.  964.7, revise paragraph (a) to read as follows:


Sec.  964.7  Presiding officers.

    (a) The presiding officer shall be an Administrative Law Judge 
qualified in accordance with law or the Judicial Officer. The Chief 
Administrative Law Judge shall assign cases. The Judicial Officer may 
preside at the hearing if an Administrative Law Judge is unavailable.
* * * * *

PART 965--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO MAIL 
DISPUTES

0
29. The authority citation for 39 CFR part 965 continues to read as 
follows:

    Authority:  39 U.S.C. 204, 401.

0
30. Revise Sec.  965.5 to read as follows:


Sec.  965.5  Initial submissions by parties.

    Within 15 days after receipt of the Recorder's notice, each party 
shall file via the Judicial Officer electronic filing system (https://uspsjoe.justware.com/justiceweb) a sworn statement of the facts 
supporting its claim to receipt of the mail together with a copy of 
each document on which it relies in making such claim, and any 
arguments supporting its claim. Unless the presiding officer otherwise 
permits, all documents relative to this proceeding must be filed using 
the electronic filing system.

Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2016-14553 Filed 6-20-16; 8:45 am]
 BILLING CODE 7710-12-P