[Federal Register Volume 88, Number 236 (Monday, December 11, 2023)]
[Notices]
[Pages 85934-85935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27137]


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POSTAL REGULATORY COMMISSION

[Docket No. C2023-6; Presiding Officer's Ruling No. 3]


Service Standard Changes

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: The Commission is providing notice that a hearing format and 
procedural schedule have been established in this proceeding. This 
notice informs the public of the hearing format and procedural 
schedule.

DATES: Complainant's Initial Brief and Supporting Evidence are due: 
January 3, 2024; Postal Service's Deadline to Request Written Cross-
Examination of Complainant's Witnesses: January 5, 2024; Complainant's 
Response to Written Cross-Examination, if necessary, is due: January 
12, 2024; Postal Service's Answering Brief and Supporting Evidence are 
due: January 25, 2024; Complainant's Deadline to Request Written Cross-
Examination of Postal Service's Witnesses: January 29, 2024; Postal 
Service's Response to Written Cross-Examination, if necessary, is due: 
February 5, 2024; Complainant's Reply Brief and Supporting Evidence is 
due: February 12, 2024; Postal Service's Deadline to Request Written 
Cross-Examination of Complainant's Reply Witnesses: February 14, 2024; 
Complainant's Response to Written Cross-Examination, if necessary, is 
due: February 21, 2024.

ADDRESSES: Submit notices of intervention electronically via the 
Commission's Filing Online system at https://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. For 
additional information, Presiding Officer's Ruling No. 3 can be 
accessed electronically through the Commission's website at https://www.prc.gov.

FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 
202-789-6820.

SUPPLEMENTARY INFORMATION: 
I. Hearing Format
II. Hearing Schedule
III. Ruling

I. Hearing Format

    Pursuant to the discussion at the December 4, 2023 prehearing 
videoconference, the parties agree that the hearing should be conducted 
by written submission of material only. See 39 CFR 3010.303(a). The 
parties reserve the right to request oral cross-

[[Page 85935]]

examination of witnesses by motion. See 39 CFR 3010.303(b). The 
Presiding Officer may also request oral testimony or cross-examination 
on his own motion. Id.
    To promote the efficient resolution of the remaining issues, the 
parties will file briefs and supporting evidence at the same time. The 
parties' briefs shall address each of the two remaining disputed issues 
of fact identified by the Commission and explain how the evidence 
presented supports or does not support the three elements of a claim of 
undue or unreasonable discrimination under 39 U.S.C. 403(c).\1\ The 
briefs should also comply with the relevant requirements of 39 CFR 
3010.330(b) to the extent practicable and include proposed findings of 
fact and conclusions of law.
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    \1\ See Order Partially Denying United States Postal Service's 
Motion to Dismiss and Notice of Limited Formal Proceedings, 
September 18, 2023, at 7-8 (Order No. 6688).
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    Complainant's initial brief and the Postal Service's answering 
brief may not exceed 20 pages. Complainant's reply brief may not exceed 
10 pages. Cover pages, tables of contents, tables of authorities, 
signature blocks, addenda containing statutes, rules or regulations, 
and exhibits are excluded from the page limits. Motions to exceed the 
applicable length limitations will be granted only for compelling 
reasons.

II. Hearing Schedule

    The schedule for the submission of briefs and evidence shall be as 
follows:

Complainant's Initial Brief and Supporting Evidence--January 3, 2024
Postal Service's Deadline to Request Written Cross-Examination of 
Complainant's Witnesses--January 5, 2024
Complainant's Response to Written Cross-Examination, if necessary--
January 12, 2024
Postal Service's Answering Brief and Supporting Evidence--January 25, 
2024
Complainant's Deadline to Request Written Cross-Examination of Postal 
Service's Witnesses--January 29, 2024
Postal Service's Response to Written Cross-Examination, if necessary--
February 5, 2024
Complainant's Reply Brief and Supporting Evidence--February 12, 2024
Postal Service's Deadline to Request Written Cross-Examination of 
Complainant's Reply Witnesses--February 14, 2024
Complainant's Response to Written Cross-Examination, if necessary--
February 21, 2024
    All submissions must be filed electronically on the Commission's 
docket by 4:30 p.m. Eastern time on the date due. If either party seeks 
an extension of a filing deadline, that party must make a good faith 
effort to contact the opposing party to find a mutually agreeable new 
date before filing a motion for extension of time. This good faith 
effort requires the moving party to place at least one telephone call 
or send one email message to the opposing party. Any motion for 
extension of time must state whether the opposing party consents to the 
requested extension.
    Any motion by a party requesting oral cross-examination of any 
witness, or to make any other change to the hearing format, must be 
filed no later than February 16, 2024, if the Postal Service does not 
request written cross-examination of any of Complainant's reply 
witnesses, or February 26, 2024, if the Postal Service does request 
written cross-examination of any of Complainant's reply witnesses. A 
motion requesting oral cross-examination must identify the witness 
statement(s) at issue, explain why oral cross-examination is necessary 
to clarify the witness' response to written cross-examination, and 
state what additional information or clarification may be adduced 
through oral cross-examination that would be helpful to resolve this 
case. See 39 CFR 3030.321(g)(5)(i). If permitted, oral cross-
examination will be limited to matters within the scope of the written 
cross-examination. A party may not seek new information through oral 
cross-examination that could have been obtained through the initial 
written cross-examination.

III. Ruling

    1. The parties and counsel shall follow the hearing format and 
schedule established by this Presiding Officer's Ruling.
    2. The Secretary shall arrange for publication of the hearing 
schedule in the Federal Register.

Erica A. Barker,
Secretary.
[FR Doc. 2023-27137 Filed 12-8-23; 8:45 am]
BILLING CODE 7710-FW-P