[Federal Register Volume 86, Number 81 (Thursday, April 29, 2021)]
[Notices]
[Pages 22716-22725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08890]


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POSTAL REGULATORY COMMISSION

[Docket No. N2021-1; Order No. 5875]


Service Standard Changes

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: The Commission is noticing a recently-filed Postal Service 
request for an advisory opinion on the service standards for First-
Class Mail and end-to-end Periodicals. This document invites public 
comments on the request and addresses several related procedural steps.

DATES: Notices of intervention are due: May 5, 2021; Live WebEx 
Technical Conference: April 30, 2021, at 11:00 a.m., Eastern Daylight 
Time, Virtual.

ADDRESSES: Submit notices of intervention electronically via the 
Commission's Filing Online system at http://www.prc.gov. Persons 
interested in intervening who cannot submit their views electronically 
should contact the person identified in the FOR FURTHER INFORMATION 
CONTACT.

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 April 21, 2021, the Postal Service filed a request for an 
advisory opinion from the Commission regarding planned changes to the 
service standards for First-Class Mail and end-to-end Periodicals.\1\ 
The intended effective date of the Postal Service's planned changes is 
no earlier than September 1, 2021. Request at 2. 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

[[Page 22717]]

establishes the process for the on-the-record hearing, and lays out the 
procedural schedule to be followed in this case.
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    \1\ United States Postal Service Request for an Advisory Opinion 
on Changes in the Nature of Postal Services, April 21, 2021 
(Request).
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II. Pre-Filing Issues

    On March 23, 2021, the Postal Service published a ten-year 
strategic plan announcing potential changes intended to achieve 
financial stability and service excellence.\2\ In conjunction with this 
publication, the Postal Service also filed a notice of its intent to 
conduct a pre-filing conference regarding its proposed changes to the 
service standards for First-Class Mail and end-to-end Periodicals, 
which would ``generally affect service on a nationwide or substantially 
nationwide basis.'' \3\ Further, the Postal Service announced that it 
would propose amendments to the existing service standards for First-
Class Mail and end-to-end Periodicals appearing in 39 CFR part 121. See 
Notice at 1; see also Request at 1.\4\
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    \2\ See United States Postal Service, Delivering for America: 
Our Vision and Ten-Year Plan to Achieve Financial Sustainability and 
Service Excellence, March 23, 2021, at 3, available at, https://about.usps.com/what/strategic-plans/delivering-for-america/assets/USPS_Delivering-For-America.pdf (Postal Service's Strategic Plan). 
Further information related to the Postal Service's Strategic Plan 
is available at, https://about.usps.com/what/strategic-plans/delivering-for-america/.
    \3\ Notice of Pre-Filing Conference, March 23, 2021, at 1 
(Notice) (quoting 39 U.S.C. 3661(b)).
    \4\ These proposed changes were published in the Federal 
Register on April 23, 2021 and are available for public review at, 
https://www.govinfo.gov/content/pkg/FR-2021-04-23/pdf/2021-08463.pdf?utm_source=federalregister.gov&utm_medium=email&utm_campaign=subscription+mailing+list.
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    On March 24, 2021, the Commission issued Order No. 5848, which 
established Docket No. N2021-1 to consider the Postal Service's 
proposed changes, notified the public concerning the Postal Service's 
pre-filing conference, and appointed a Public Representative.\5\ Due to 
the COVID-19 pandemic, the Postal Service held its pre-filing 
conference virtually on April 6, 2021, from 1:00 p.m. to 3:00 p.m. 
Eastern Daylight Time (EDT). See Request at 2; see also Notice at 1, 4. 
The Postal Service asserts that it completed the pre-filing 
requirements appearing in 39 CFR 3020.111 and certifies that it has 
made a good faith effort to address concerns of interested persons 
about the Postal Service's proposal raised at the pre-filing 
conference. See Request at 2.
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    \5\ Notice and Order Concerning the Postal Service's Pre-filing 
Conference, March 24, 2021, at 1-2, 4 (Order No. 5848).
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III. The Request

A. The Postal Service's Planned Changes

    The Postal Service plans for these changes to become effective no 
earlier than September 1, 2021. See id. at 2. For First-Class Mail 
within the contiguous United States, the Postal Service states that its 
proposal would narrow the scope of the existing 2-Day and 3-Day 
standards; instead 4-Day and 5-Day standards would apply to certain 
First-Class Mail traveling longer distances between origin and 
destination. See id. at 3.
    The Postal Service states that most First-Class Mail volume will be 
unaffected by the proposed changes. See id. at 4. It observes that 
First-Class Mail subject to the existing 1-Day (Overnight) service 
standard will not be affected. See id. at 3-4. Overall, the Postal 
Service asserts that approximately 70 percent of First-Class Mail 
volume would be subject to the proposed 1-Day, 2-Day, or 3-Day service 
standards; approximately 21 percent of First-Class Mail volume would be 
subject to the proposed 4-Day service standard; and approximately 10 
percent of First-Class Mail volume would be subject to the proposed 5-
Day service standard.\6\
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    \6\ See id. at 4. These figures total 101 percent due to 
rounding.
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    The Postal Service plans to apply a 3-6-Day standard to certain 
end-to-end Periodicals merged with First-Class Mail for surface 
transportation, specifying that the Periodicals standard would equal 
the sum of 1 day plus the applicable First-Class Mail service standard. 
See id. at 6.
    Specifically, the Postal Service proposes to apply the following 
standards to First-Class Mail.

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B. The Postal Service's Position

    The Postal Service states that the existing service standards do 
not reflect declining mail volumes and that attempting to meet the 
existing service standards has led to high costs, transportation 
inefficiencies, and difficulties in providing reliable and consistent 
service performance. See Request at 6. The Postal Service explains that 
transporting mail by surface (trucks) is more reliable and cost-
effective than air transportation. See id. at 7. The Postal Service 
asserts that the proposed changes would allow the Postal Service to use 
surface rather than air transportation for more mailpieces between 
additional Postal Service origin and destination processing facilities 
(OD Pairs). See id. at 3, 7-8. The Postal Service states that the 
proposed changes could generate a net improvement to the Postal 
Service's finances of approximately $174.8 million annually, when 
considering transportation cost savings. See id. at 9.
    The Postal Service asserts that implementing the proposed changes 
would enable it to: Provide more reliable and consistent service 
performance, improve its ability to run according to its operating 
plans and optimize its surface transportation network, increase its use 
of more cost-effective air carriers for volume that will continue to be 
transported by air (such as volume destined for non-contiguous areas), 
achieve significant cost savings due to the creation of a more 
efficient transportation network, and implement future operational 
benefits. See id. at 6-9. It adds that the proposed changes are a key 
component of the Postal Service's Strategic Plan, intended to achieve 
financial stability and service excellence. See id. at 9-10.
    Further, the Postal Service asserts that the proposed changes 
achieve the

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objectives of 39 U.S.C. 3691(b)(1) better than the existing service 
standards. See id. at 10-12. The Postal Service contends that it has 
taken into account the factors set forth in 39 U.S.C. 3691(c), 
including the broader policies of title 39, United States Code, as 
required by 39 U.S.C. 3691(c)(8). See id. at 10-13. The Postal Service 
discusses how it will continue to satisfy the universal service 
provisions appearing in 39 U.S.C. 101, 403, and 3661(a) under the 
proposed service standards. See id.

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 five witnesses and identifies a sixth 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.
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    Additionally, the Postal Service filed eight library references, 
six of which are available to the public and two of which are 
designated as non-public material.

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IV. Initial Administrative Actions

A. General Procedures

    The procedural rules in 39 CFR part 3020 apply to Docket No. N2021-
1. Before issuing its advisory opinion, the Commission shall accord an 
opportunity for a formal, on-the-record hearing pursuant to 5 U.S.C. 
556 and 557. 39 U.S.C. 3661(c). The Commission will sit en banc for 
Docket No. N2021-1. See 39 CFR 3020.122(b). Due to the COVID-19 
pandemic, the Commission is conducting all business, including any 
hearing or public meeting for Docket No. N2021-1 virtually and not in 
person.

B. Scope

    Docket No. N2021-1 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.\7\ 
However, the Commission would not evaluate or opine on the merits of 
such alternative proposal 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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    \7\ 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. Procedural Schedule

    The Commission establishes a procedural schedule, which appears 
below the signature of this Order. 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).

D. How To Access Material Filed in This Proceeding

1. Using the Commission's Website
    The public portions of the Postal Service's filing are available 
for review on the Commission's website (http://www.prc.gov). 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. The Commission's rules on

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how to file and access non-public material appear in 39 CFR part 3011.
2. Using Methods Other Than the Commission's Website
    The Postal Service must serve hard copies of its Request and 
prepared direct evidence ``only upon those persons who have notified 
the Postal Service, in writing, during the pre-filing conference(s), 
that they do not have access to the Commission's website.'' 39 CFR 
3020.104. If you demonstrate that you are unable to effectively use the 
Commission's Filing Online system or are unable to access the internet, 
then the Secretary of the Commission will serve material filed in 
Docket No. N2021-1 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).

E. How To File Material in This Proceeding

1. Using the Commission's Filing Online System
    Except as provided in 39 CFR 3010.120(a), all material filed with 
the Commission shall be submitted in electronic format using the Filing 
Online system, which is available over the internet through the 
Commission's website. The Commission's website accepts filings during 
the Commission's regular business hours, which are from 8:00 a.m. 
through 4:30 p.m. EDT, except for Saturdays, Sundays, and Federal 
holidays. A guide to using the Filing Online system, including how to 
create an account, is available at: https://www.prc.gov/how-to-participate. If you have questions about how to use the Filing Online 
system, please contact the dockets clerk by email at [email protected] 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:
     The material cannot reasonably be converted to electronic 
format,
     The material contains non-public information (see 39 CFR 
part 3011),
     The filer is unable to effectively use the Commission's 
Filing Online system and the document is 10 pages or fewer, or
     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 [email protected] or telephone at (202) 789-
6847.

F. Technical Conference

1. Date and Purpose
    A technical conference will be held live via WebEx on April 30, 
2021, at 11:00 a.m. EDT.\8\ 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). At the technical 
conference, the Postal Service will make available for questioning its 
five witnesses whose direct testimony was filed along with the Request 
and a sixth individual to serve as its institutional witness, who will 
provide information relevant to the Postal Service's proposal that is 
not provided by other Postal Service witnesses. See Request at 2, 4, 6-
9; see also 39 CFR 3020.113(b)(6)-(7), 3020.115(b). The names and 
topics to which these six individuals are prepared to address are 
summarized above in Section III.C., Table 2, infra.
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    \8\ Normally, this technical conference would be set for day 10 
(Saturday May 1, 2021) and extended to Monday May 3, 2021, in 
accordance with 39 CFR 3020.103; however, the Commission is taking 
into account the National Postal Forum scheduled for May 3 and 4, 
2021.
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2. 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 six 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 
[email protected] with the subject line ``Registration'' by 
April 27, 2021. In order to facilitate orderly public participation, 
this email shall provide the following information:
     Your first and last name;
     your email address (to receive the WebEx link);
     whether or not you would like the moderator to allow you 
the opportunity to question the Postal Service's witness(es), and if 
so, which witness(es) you would like to question and/or the topic(s) of 
your question(s); and
     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 [email protected] email address is established solely 
for the exchange of information relating to the logistics of 
registering for and participating in the technical conference.\9\ 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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    \9\ Please refer to the Commission's privacy policy which is 
available at, https://www.prc.gov/privacy.
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3. Availability of Materials and Recording
    To facilitate discussion of the matters to be explored at the 
technical conference, the Postal Service shall, if necessary, file with 
the Commission any materials not already filed in Docket No. N2021-1 
(such as PowerPoint presentations or Excel spreadsheets) that the 
Postal Service expects to present at the technical conference by April 
29, 2021. Doing so will foster an orderly discussion of the matters 
under consideration and facilitate the ability of individuals to access 
these materials should technical issues arise for any

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participants during the live WebEx. After the live WebEx, if feasible, 
the Commission shall make the recording available and provide notice of 
where to access it in this docket. 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 id. section 
3020.115(e).

G. 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 May 5, 2021.\10\ 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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    \10\ 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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H. Discovery

1. Generally Applicable Discovery Procedures
    Discovery requests may be propounded upon filing a notice of 
intervention. Discovery that is reasonably calculated to lead to the 
admissible evidence is allowed. See id. section 3020.116(a). Each 
answer to a discovery request is due within 7 days after the discovery 
request is filed.\11\ 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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    \11\ 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 May 19, 2021. All discovery answers by the Postal 
Service must be filed by May 26, 2021. The parties are urged to 
initiate discovery promptly, rather than to defer filing requests and 
answers to the end of the period established by the Commission.

I. Rebuttal Case Deadlines

    A rebuttal case is any evidence and testimony offered to disprove 
or contradict the evidence and testimony submitted by the Postal 
Service. A rebuttal case does not include cross-examination of the 
Postal Service's witnesses or argument submitted via a brief or 
statement of position. Any party that intends to file a rebuttal case 
must file a notice confirming its intent to do so by May 28, 2021. Any 
rebuttal case, consisting of any testimony and all materials in support 
of the case, must be filed by June 2, 2021.

J. Surrebuttal Case Deadlines

    A surrebuttal case is any evidence and testimony offered to 
disprove or contradict the evidence and testimony submitted by the 
rebutting party. A surrebuttal case does not include cross-examination 
of the rebutting party's witnesses or argument submitted via a brief or 
statement of position. Any party that intends to file surrebuttal case 
must obtain the Commission's prior approval. See 39 CFR 3020.121(b). 
Any motion for leave to file a surrebuttal case is due June 4, 2021. 
Any response to such motion is due June 7, 2021. Any surrebuttal case, 
consisting of any testimony and all materials in support of the case, 
must be filed by June 9, 2021.

K. Hearing Dates

    If no party files a notice of intent to file a rebuttal case by May 
28, 2021, then the hearing of the Postal Service's direct case shall 
begin June 2, 2021 and end June 4, 2021. If any party files a notice of 
intent to file a rebuttal case by May 28, 2021 but no surrebuttal 
testimony will be presented, then the hearing of the Postal Service's 
direct case shall begin June 9, 2021, and the hearing of the rebuttal 
case shall end June 11, 2021. If any party files a notice of intent to 
file a rebuttal case by May 28, 2021, and the Commission approves the 
presentation of surrebuttal testimony, then the hearing of the Postal 
Service's direct case shall begin June 14, 2021, and the hearing of the 
surrebuttal case shall end June 16, 2021.

L. Presentation of Evidence and Testimony

    Evidence and testimony shall be in writing and may be accompanied 
by a trial brief or legal memoranda. Id. section 3020.122(e)(1). 
Whenever possible and particularly for factual or statistical evidence, 
written cross-examination will be used in lieu of oral cross-
examination. Id. section 3020.122(e)(2).\12\ 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). Any party that intends to conduct oral cross-
examination shall file a notice of intent to do so at least 3 days 
before the announced appearance of the witness. Id. section 
3020.122(e)(3).
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    \12\ This rule also requires designation of written cross-
examination and provision of hard copies. 39 CFR 3020.122(e)(2). The 
Commission or presiding officer shall provide guidance on 
designation for a virtual hearing if necessary and in advance of 
such hearing.
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M. Presentation of Argument

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

[[Page 22723]]

a. Briefing Deadlines
    Assuming that no rebuttal case is filed, initial briefs are due 
June 11, 2021, and reply briefs are due June 18, 2021. If any party 
files a notice confirming its intent to file a rebuttal case by May 28, 
2021, then the briefing schedule may be revised.
b. Deadline for Statement of Position
    Any interested person, including anyone that has not filed a notice 
of intervention and become a party to this proceeding, may file a 
statement of position. See 39 CFR 3020.123(g), see also 39 CFR 
3010.142(a). A statement of position is limited to the existing record 
and may not include any new evidentiary material. See 39 CFR 
3020.123(g). Filings styled as a brief or comments, conforming with the 
content and timing requirements, shall be deemed statements of 
positions. Any statement of position is due June 11, 2021.
3. Request To Present Oral Argument
    Oral argument has not historically been part of N-cases; the 
Commission would only grant a request to present oral argument upon an 
appropriate showing of need by the presenting party. See Order No. 2080 
at 53. The Commission or presiding officer shall set a deadline for 
filing a request to present oral argument at the hearing.

N. 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 July 20, 2021. ``The opinion 
shall be in writing and shall include a certification by each 
Commissioner agreeing with the opinion that in his [or her] judgment 
the opinion conforms to the policies established under [title 39, 
United States Code].'' 39 U.S.C. 3661(c). The advisory opinion shall 
address the specific changes proposed by the Postal Service in the 
nature of postal services. See 39 CFR 3020.102(b).

O. Public Representative

    Pursuant to 39 U.S.C. 3661(c), Samuel M. Poole 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. 5848 at 4.

V. Ordering Paragraphs

    It is ordered:
    1. The procedural schedule for this proceeding is set forth below 
the signature of this order.
    2. Pursuant to 39 U.S.C. 3661(c), Samuel M. Poole shall continue to 
serve as an officer of the Commission (Public Representative) to 
represent the interests of the general public in this proceeding.
    3. The Secretary shall arrange for publication of this order in the 
Federal Register.

    By the Commission.
Erica A. Barker,
Secretary.
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[FR Doc. 2021-08890 Filed 4-28-21; 8:45 am]
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