[Federal Register Volume 87, Number 175 (Monday, September 12, 2022)]
[Notices]
[Pages 55856-55863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 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: 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
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      Periodicals mail (origin and
              destination)                  Current CET     Planned CET
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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..........................
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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
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1. Jake R. Campbell....................   Description of current            USPS-T-1
                                          Periodicals Mail CETs.

[[Page 55858]]

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

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 
[email protected], 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:
     your first and last name;
     your email address (to receive the WebEx link);
     the name(s) of the Postal Service 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.\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 https://www.prc.gov/privacy.
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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 https://www.youtube.com/channel/UCbHvK-S8CJFT5yNQe4MkTiQ.
    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 [email protected]   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

    The Postal Service requests confidential treatment of non-public 
materials identified as ___ (non-confidential description of non-public 
materials) (hereinafter ``these materials'') in Commission Docket No. 
N2022-2. ___ (name of participant filing motion) (hereinafter ``the 
movant'') requests access to these materials related to Commission 
Docket No. N2022-2 (hereinafter ``this matter'').
    The movant has provided to each person seeking access to these 
materials:
    [cir] This 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