Federal Register, Volume 89 Issue 201 (Thursday, October 17, 2024)

[Federal Register Volume 89, Number 201 (Thursday, October 17, 2024)]
[Notices]
[Pages 83708-83718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23853]

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POSTAL REGULATORY COMMISSION

[Docket No. N2024-1; Order No. 7695]

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
its processing and transportation networks. This document invites
public comments on the request and addresses several related procedural
steps.

DATES: Notices of intervention are due: October 21, 2024; Live WebEx
Technical Conference: October 16, 2024, 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 October 4, 2024, the Postal Service filed a request for an
advisory opinion from the Commission regarding planned changes to its
processing and transportation networks.\1\ In particular, the Postal
Service plans to create a nationwide network of Regional Processing and
Distribution Centers (RPDCs) and Local Processing Centers (LPCs). Id.
at 3. The Postal Service states that this initiative will ``increase
throughput, gain productivity, and increase asset utilization across
the country.'' Id. Additionally, the Postal Service intends to
implement its Regional Transportation Optimization (RTO) initiative on
a nationwide basis. Id. The Postal Service states that the RTO
initiative will ``improve the efficiency and velocity of the processing
network.'' Id. The Postal Service estimates that these two initiatives
will allow it ``to achieve estimated cost savings of between $3.6
billion and $3.7 billion on an annual basis once fully implemented.''
Id.
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\1\ United States Postal Service's Request for an Advisory
Opinion on Changes in the Nature of Postal Services, October 4, 2024
(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 the changes
associated with the Delivering for America Plan. See Docket No.
PI2023-4, Order Directing Postal Service to Show Cause or File a
Nature of Service Proceeding Regarding Certain Delivering for
America Initiatives, April 26, 2024 (Order No. 7061).
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The Postal Service also proposes to revise its service standards
``to align with these operational initiatives. . . .'' Id.
Specifically, the Postal Service will

[[Page 83709]]

``transition to 5-Digit to 5-Digit ZIP Code service standards'' that
reflect ``the three operational legs applicable to the movement of mail
and packages: collection to origin processing (Leg 1), origin
processing to destination processing (Leg 2), and destination
processing to delivery (Leg 3).'' Id. at 4. The Postal Service asserts
that despite these changes, it will preserve the existing day ranges
for First-Class Mail, which is currently 1-5 days, and USPS Ground
Advantage, which is 2-5 days. Id. Additionally, the Postal Service
intends to ``transition the service standards for end-to-end USPS
Marketing Mail and USPS Package Services so that they are based on the
standards for First-Class Mail and USPS Ground Advantage,'' which will
shorten the day ranges for those products as compared to current
standards. Id. The Postal Service states that ``[s]ome mail and
packages will . . . have a service expectation that is longer than the
current expectation (although still within the current day-ranges)'' if
its originating 5-Digit ZIP Code is subject to RTO. Id. at 5. Finally,
the Postal Service states that it will also exclude Sundays and
holidays as transit days in these new service standards. Id.
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 48.
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 22, 2024, the Postal Service filed a notice of its intent
to conduct a pre-filing conference regarding its plans to transform its
processing and transportation networks and to revise service standards
to align with these changes.\2\
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\2\ Notice of Pre-Filing Conference, August 22, 2024, at 1.
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On August 26, 2024, the Commission issued Order No. 7414, which
established Docket No. N2024-1 to consider the Postal Service's
proposed changes, notified the public concerning the Postal Service's
pre-filing conference, and appointed a Public Representative.\3\ The
Postal Service held its pre-filing conference virtually on September 5,
2024, at 1:00 p.m. Eastern Time (ET). See Request at 49. 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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\3\ Notice and Order Concerning the Postal Service's Pre-Filing
Conference, August 26, 2024 (Order No. 7414).
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III. The Request

A. The Postal Service's Planned Changes

1. Processing and Transportation Networks
Currently, the Postal Service's legacy processing network consists
of a mix of Processing and Distribution Centers (P&DCs) and Network
Distribution Centers (NDCs), combined with ``numerous ancillary
facilities . . . .'' Id. at 13. As a result of the current processing
network facilities' conditions and age, their number and the piecemeal
and ad hoc nature of their implementation, and the lack of operational
standardization necessary to address the processing of mail and
packages, the Postal Service determined that it must redesign the
legacy network and ``construct a network that enables [it] to handle
mail and packages in a precise, efficient, and integrated manner. . .
.'' Id. at 13-14. The proposed processing network will be designed
using a ``regional concept,'' and consist of two standardized facility
types: (1) Regional Processing and Distribution Centers (RPDCs) and (2)
Local Processing Centers (LPCs). Id. at 14.
RPDCs will manage ``the flow of mail and packages that originate or
destinate in that region.'' Id. at 15. They will ``perform originating
sortation operations for letters, flats, and packages to the 3-digit
ZIP Code level, for dispatch to the rest of the country.'' Id. They
will also ``engage in cross-docking and sortation operations for
destinating letters, flats, and parcels for dispatch to a LPC.'' Id.
Finally, they will ``serve as intermediate consolidation points for
volume that is traveling across the country (known as Regional Transfer
Hub (RTH) operations).'' Id.
LPCs will be designed to ``handle destinating letter, flat, and
package sortation operations for designated 3-Digit ZIP Codes within a
region, for dispatch to Sorting and Delivery Centers (S&DCs) and
delivery units.'' Id. at 16. Some LPCs might ``sort and/or cross-dock
carrier route bundles of flats to S&DCs and delivery units'' or perform
``certain originating operations'' as designated by the Postal Service.
Id. They will also act as a consolidation point ``for all volume types
coming from the delivery network on the way to the RPDC.'' Id.
Some LPCs might be co-located with RPDCs and some RPDC operations
might be located ``in a single building or a campus of two or more
buildings'' based on what the Postal Service determines is most
efficient and cost-effective. Id. at 15-16. The Postal Service notes
that each of the functions these new facility categories ``are not
rigid, and may be subject to varying adjustments and configurations
based on local operational considerations . . . .'' Id. at 16. The
Postal Service intends to make these network changes on a region-by-
region basis over the course of multiple years. Id.
In conjunction with these new facilities, the Postal Service also
intends to implement its Regional Transportation Optimization (RTO)
initiative on a nationwide basis. Id. at 21. While, according to the
Postal Service, ``[t]he volume of mail collected through [its] rental
facilities (including mail collected on carrier routes and entered at
Post Offices) has declined substantially in recent decades[,]'' it has
not ``fundamentally adjusted'' its associated collection processes and
transportation network to account for the decline. Id. at 19. This has
resulted in numerous transportation and processing inefficiencies as
the Postal Service has continued its process of transporting
destinating mail and packages from the processing network to collection
or delivery facilities in the morning and transporting originating mail
from collection or delivery facilities to the processing network in the
afternoon. Id. at 19-20.
Instead, under RTO, ``certain collection/delivery facilities will
have their destinating mail dropped off, and their originating mail
picked up, on the same transportation route.'' Id. at 22. The Postal
Service indicates that it will designate 5-Digit ZIP Codes for RTO
``when the facility from which the collection mail and packages are
dispatched is more than 50 miles from the RPDC campus.'' Id. According
to the Postal Service, RTO will enable it to redesign its
transportation routes to reduce the number of trips and layovers and
eliminate unnecessary or underutilized trips. Id. at 23.
2. Service Standards
Currently, the Postal Service's First-Class Mail and USPS Ground
Advantage service standards ``are predicated on

[[Page 83710]]

plant-to-plant (i.e., on a 3-Digit to 3-Digit ZIP Code) driving
distances.'' Id. at 27. They do not consider the variations in
transportation operations that are required to move volume from the
collection point to the processing network. Id. The Postal Service
proposes to ``transition to 5-Digit to 5-Digit ZIP Code (i.e. Post
Office to Post Office) service standards that maintain the existing
delivery day ranges for both First-Class Mail and USPS Ground Advantage
. . . .'' Id. at 28. The Postal Service also proposes to ``transition
the service standards for end-to-end USPS Marketing Mail and Package
Services so that they are based on the standards for First-Class Mail
and USPS Ground Advantage, respectively, which will result in a shorter
day range for these products when compared to the current service
standards.'' Id.
Under its proposed approach for inter-RPDC First-Class Mail and
USPS Ground Advantage, the Postal Service would segment volume into
three legs: collection to origin processing (Leg 1); origin processing
facility to destination processing facility (Leg 2); and destination
processing facility to delivery (Leg 3). Id. at 30. The proposed
service standards ``will be based on how many days cumulatively apply
to a particular mailpiece across the three operational legs.'' Id. For
Leg 1, the Postal Service will ``align our standards with RTO'' and
apply 1 day to pieces that ``originate in a 5-Digit ZIP Code more than
50 miles from the RPDC, meaning RTO is being applied, and 0 days will
apply to pieces originating in other 5-Digit ZIP Codes.'' Id.
For Leg 2, the Postal Service will ``apply [2-5] days based on the
travel distance between the originating and destinating processing
plants'' using the new network outlined above. Id. at 30-31. The
transit paths will be updated to reflect the new network and ``measure
the distance between the Origin RPDC and the Destination RPDC and then
the distance between the Destination RPDC and the Destination LPC.''
Id. at 34. With regard to Leg 2, the Postal Service states that because
RTO and the new and more efficient network will improve arrival
profiles, ``each of the existing service standard bands will expand by
four hours for First-Class Mail.'' Id. at 34-36. No additional days
will be added for Leg 3, ``which is the same as the current
standards.'' Id. at 30.
The Leg 1 rules will not apply to ``any products entered at a RPDC,
Presort First-Class Mail, or any destination-entered volume.'' Id. at
32. The Postal Service proposes to add an ``extra day for volume that
is entered in a 5-Digit ZIP Code subject to RTO[ ]'' for its Priority
Mail and Priority Mail Express products but still ``intends for
Priority Mail to remain a 1-3 day product,'' and anticipates that
``Priority Mail Express will be a 1-3 day (guaranteed) product.'' Id.
at 33-34. Finally, for mail and packages that originate and destinate
within the same RPDC region, ``[t]he proposed service standards would
expand the geographic scope of turnaround volume (i.e., volume
originating and destinating within a facility's service area).'' Id. at
37. Currently, this ``volume receives a two-day standard.'' Id. Under
the proposed standards, intra-LPC and intra-RPDC volume will either be
subject to a 2 or 3-day standard depending on whether the originating
volume is from a 5-digit ZIP Code beyond 50 miles of the cancellation
location. Id. ``The standards for end-to-end Marketing Mail,
Periodicals, and Package Services within a region will also be based on
these standards.'' Id. The Postal Service outlines the proposed
standards as follows:
[GRAPHIC] [TIFF OMITTED] TN17OC24.003

Id. at 31.

Finally, the Postal Service intends to change how it measures
performance under these standards. Id. at 40. ``Specifically, the
Postal Service will not count Sundays or holidays as transit days for
volume entered on a Saturday or the day before a holiday.'' Id. It will
also ``change the Service Performance Measurement system to enable
measurement at the 5-Digit ZIP Code level . . . .'' Id.

B. The Postal Service's Position

1. Processing and Transportation Networks
The Postal Service asserts that these network changes will ``enable
significant cost reductions in both processing operations and in [its]
transportation network, while improving the work environment for [its]
employees.'' Id. at 18. It will enable the Postal Service to more
efficiently balance its use of ground and air transportation and should
result in a reduced number of surface and air nodes. Id. The Postal
Service states that these modifications will eliminate ``unnecessary
trips'' and increase utilization of the remaining trips. Id. It will
also allow the Postal Service to further reduce costs through the
elimination of ``excess facilities.'' Id.
Additionally, according to the Postal Service, the implementation
of the RTO initiative on a nationwide basis will ``result in
significant improvements in transportation and processing operations.''
Id. at 22. It will result in a reduced number of trips and layovers,
which will in turn reduce carbon emissions and increase utilization of
the Postal Service's transportation

[[Page 83711]]

resources. Id. at 23. The Postal Service also states that the RTO
initiative will improve ``the efficiency and velocity of the processing
network,'' by creating efficient ``operating windows in originating and
processing facilities'' because non-RTO volume may be processed and
dispatched earlier than under its current transportation policy. Id.
Overall, the Postal Service estimates that it will save ``between
$3.6 and $3.7 billion annually in Leg 1 and Leg 2 transportation costs,
mail and package processing costs, and facility costs[ ]'' through the
implementation of these two initiatives. Id. at 23. Table 1 below
details the Postal Service's estimated annual cost savings, organized
by category. The Postal Service cautions that because it intends to
implement these initiatives ``through a deliberate implementation plan
over time,'' that not all savings will be achieved immediately. Id. at
26. Thus, ``[t]his approach reasonably estimates the expected future
savings from these initiatives when fully implemented.'' Id.

Table 1--Estimated Annual Cost Savings by Category
------------------------------------------------------------------------
Category Estimated annual cost savings
------------------------------------------------------------------------
Regional Transportation.............. $651 million.
Network Transportation............... $1.8 billion ($1.1 billion from
surface transportation and $701
million from air
transportation).
Mail and Package Processing.......... $1.1-$1.2 billion.
Facilities........................... $81 million.
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Id. at 24-25.
2. Service Standards
The Postal Service states that under the new standards, ``the
majority of overall market-dominant volume'' will have ``either the
same service standards . . . or an accelerated standard.'' Id. at 38.
And while the specific volume impacts were filed under seal for
competitive products, the Postal Service states that ``the overall
impact of these proposed changes is that the majority of packages will
either have the same service standard or a better standard, consistent
with the fact that a majority of package volume is entered in ZIP Codes
that are within 50 miles of'' the processing network. Id. at 40. Table
2 below details ``the impact on all market-dominant volume, including
end-to-end and destination entry. Id. at 38.

Table 2--Estimated Volume Changes Under Proposed Service Standards
------------------------------------------------------------------------
Products Estimated % of volume change
------------------------------------------------------------------------
All Market Dominant Products......... 83% unchanged, 11% upgraded, 6%
downgraded.
First-Class Mail..................... 75% unchanged, 14% upgraded, 11%
downgraded.
Marketing Mail....................... 90% unchanged, 8% upgraded, 2%
downgraded.
Periodicals.......................... 93% unchanged, 4% upgraded, 3%
downgraded.
Package Services \4\................. 79% unchanged, 12% upgraded, 9%
downgraded.
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Id. at 38-39.
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\4\ Package Services refers to a Market Dominant class of mail
products intended for non-urgent delivery of books, catalogs, and
other printed materials such as Media Mail/Library Mail. It does not
refer to the Postal Service's Competitive package products such as
USPS Ground Advantage.
[GRAPHIC] [TIFF OMITTED] TN17OC24.004

[[Page 83712]]

Id. at 38.

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 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. See Request at 50-52. Table 3 below details the Postal
Service's direct case, organized by witness.

Table 3--Postal Service Witnesses
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1. Stephen Hagenstein.................. Description of the proposed USPS-T-1.
revisions to service standards,
including the three legs.
Explanation of inefficiencies of
current network's first leg.
Description of how RTO
initiative corrects those inefficiencies.
Anticipated flow of mail and
package volume within the RPDC/LPC
network.
Estimated impact of proposed
service standards on 5-Digit ZIP pairs.
2. Arslan Saleem....................... Explanation of how the proposed USPS-T-2.
changes will be addressed in measurement
(including through revisions to the
Service Performance Measurement (SPM)
Plan).
Explanation of the exclusion of
Sundays and holidays as transit days.
Estimate of impacts on mail
volumes.
Explanation of performance
measurement based on 5-Digit ZIP code.
3. Leslie Johnson-Frick................ Description of how RTO changes USPS-T-3.
will not impact local mail collection
and delivery.
Explanation of how local office
operations might change to accommodate
the RTO initiative.
Explanation of how changes will
be communicated to customers.
Explanation of measures to
ensure timely delivery of Election Mail.
4. Gregory White....................... Explanation of how the RPDC/LPC USPS-T-4.
network changes and RTO initiative will
improve processing effectiveness and
produce cost savings.
Description of the standard
operating procedures for the RPDCs and
LPCs.
5. Curtis Whiteman..................... Discussion of the estimated cost USPS-T-5.
savings.
Description of the methodology
used to calculate the estimated savings.
6. 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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Id. at 51-52.
Additionally, the Postal Service filed 17 library references, 8 of
which are available to the public and 9 of which are designated as non-
public material.

Table 4--Postal Service Library References
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USPS-LR-N2024-1-1....................... RTO Determination Based on Distance from Stephen Hagenstein.
RPDC.
USPS-LR-N2024-1-2....................... Planned RPDCs and LPCs.................... Stephen Hagenstein.
USPS-LR-N2024-1-3....................... Service Standard Changes to Market Stephen Hagenstein.
Dominant Products.
USPS-LR-N2024-1-4....................... Revised USPS Service Performance Arslan Saleem.
Measurement Plan.
USPS-LR-N2024-1-5....................... Revised Implementation Document for Arslan Saleem.
Service Performance Measurement Plan.
USPS-LR-N2024-1-6....................... Market Dominant Mail Volume Impact Arslan Saleem.
Analysis in Future State.
USPS-LR-N2024-1-7....................... Legacy Processing Assignments............. Gregory White.
USPS-LR-N2024-1-8....................... Facilities and Operating Cost Savings from Gregory White.
STC Insourcing.
USPS-LR-N2024-1-NP1..................... LTO Model Explanation and Pilot Results... Stephen Hagenstein.
USPS-LR-N2024-1-NP2..................... Leg 2 Modeling Inputs, Explanation and Stephen Hagenstein.
Results.
USPS-LR-N2024-1-NP3..................... Service Standard Changes to Competitive Stephen Hagenstein.
Products.
USPS-LR-N2024-1-NP4..................... Competitive Products Volume with Start-the- Arslan Saleem.
Clock on Saturday or Day Before Holiday.
USPS-LR-N2024-1-NP5..................... Competitive Product Mail Volume Impact Arslan Saleem.
Analysis in Future State.
USPS-LR-N2024-1-NP6..................... Impacts on Pharmaceutical Volume.......... Arslan Saleem.
USPS-LR-N2024-1-NP7..................... Competitive Product Volume Impact in Arslan Saleem.
Future State.
USPS-LR-N2024-1-NP8..................... LDC Productivity Rates and Workhours...... Gregory White.
USPS-LR-N2024-1-NP9..................... Site-Specific Machine Productivity Gregory White.
Information.
----------------------------------------------------------------------------------------------------------------
Note: The Postal Service filed the non-public library reference under seal (shaded in the above table),
asserting it consists of commercially sensitive business information, specifically transportation costs and
modeling, information related to the Postal Service's competitive products, and site- and machine-specific
processing capabilities and productivity rates for competitive products. See Notice of United States Postal
Service of Filing of Library References and Application for Non-Public Treatment, October 4, 2024, Application
of the United States Postal Service for Non-Public Treatment at 4-8.

IV. Initial Administrative Actions

A. General Procedures

The procedural rules in 39 CFR part 3020 apply to Docket No. N2024-
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. N2024-1. See 39 CFR 3020.122(b). The form and manner for any
hearings to be held in Docket No. N2024-1 shall be established by
Commission Order or Presiding Officer Ruling at a later date.

B. Scope

Docket No. N2024-1 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

[[Page 83713]]

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, the Commission appoints Stephanie A.
Quick to serve as presiding officer in Docket No. N2024-1, effective
immediately. Ms. Quick shall have the authority delegated to the
presiding officer under 39 CFR 3010.106(c), except for regulating the
course of public conferences and hearings. See 39 CFR 3010.106(c)(2).
The Commission expands Ms. Quick'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 the presiding officer 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. The presiding
officer shall have authority to issue any ruling in this docket not
otherwise specifically reserved to the Commission by 39 CFR 3020 and
3010.106. Commissioner Ashley Poling shall preside over the technical
conference and any hearings conducted as part of this proceeding.
Commissioner Poling shall have all the authority of the presiding
officer, including but not limited to convening, adjourning, and ruling
on oral motions made during the hearings.

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. Generally, the
procedural schedule for a nature of service proceeding requires that
the advisory opinion be issued within 90 days from the date of the
filing of the Postal Service's request. See 39 CFR 3020.110. Due to the
breadth and complexity of the Postal Service's request, as well as the
number of federal holidays that occur in the next 90 days, the
Commission finds good cause to deviate from the pro forma procedural
schedule, including extending the issuance date of the advisory opinion
to 120 days. See 39 CFR part 3020 appendix A. These dates may be
further changed 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 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. N2024-1 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. 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),\6\ all material filed
with the

[[Page 83714]]

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. Eastern Time (ET), 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) 789-6800, option 2. Please be advised that the
dockets clerk can only answer procedural questions but may not provide
legal advice or recommendations.
---------------------------------------------------------------------------

\6\ The Commission's Filing Online system allows account holders
to file materials that contain non-public information. See Postal
Regulatory Commission eDockets User Guide, at 39, available at
https://www.prc.gov/sites/default/files/PRC%20eFiling%20User%20Guide_06092023.pdf. The filer must adhere to
the requirements of 39 CFR 3011 subpart B, including the requirement
to concomitantly provide an application for non-public treatment, a
redacted (public) version of the non-public materials, and an
unredacted (sealed) version of the non-public materials. See 39 CFR
3011.200(a).
---------------------------------------------------------------------------

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 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 FR 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. The
posting of mailed materials to the Commission's website may be delayed.

G. Technical Conference

1. Date and Purpose
A technical conference will be held live via Microsoft Teams on
October 16, 2024, at 1:00 p.m. ET. 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 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 51-52; 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 3, 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. ET on October 16, 2024, 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-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 six
witnesses. Details on how to participate in the live technical
conference event (and have the opportunity to question the Postal
Service's six 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 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 technical conference via Microsoft Teams 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 ``N2024-1 Conference Registration'' by October 15, 2024. 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 Microsoft Teams 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.\7\ 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 Microsoft Teams link, an explanation
of how to connect to the technical conference, and information
regarding the schedule and procedures to be followed.
---------------------------------------------------------------------------

\7\ Please refer to the Commission's privacy policy which is
available at https://www.prc.gov/privacy.
---------------------------------------------------------------------------

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. N2024-1
(such as PowerPoint presentations or Excel spreadsheets) that the
Postal Service expects to present at the technical conference by
October 15, 2024. 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 technical conference. If feasible, the
recording will be available on the Commission's YouTube Channel at
https://www.youtube.com/channel/UCbHvK-S8CJFT5yNQe4MkTiQ.
Participants in the live technical conference, 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

[[Page 83715]]

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 six 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 October 21, 2024.\8\ This filing must
clearly and concisely state: (1) the nature and extent of the
intervenor's interest in the issues (including the postal services
used); (2) the intervenor's position on the proposed changes in
services (to the extent known); (3) whether or not the intervenor
requests a hearing; and (4) 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).
---------------------------------------------------------------------------

\8\ 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).
---------------------------------------------------------------------------

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.\9\
---------------------------------------------------------------------------

\9\ 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).
---------------------------------------------------------------------------

Each answer to a discovery request is due within 7 days after the
discovery request is filed.\10\ 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.
---------------------------------------------------------------------------

\10\ 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).
---------------------------------------------------------------------------

2. Discovery Deadlines for the Postal Service's Direct Case
All discovery requests regarding the Postal Service's direct case
must be filed by November 5, 2024. All discovery answers by the Postal
Service must be filed by November 12, 2024. 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 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 November 27, 2024.
Any rebuttal case, consisting of any testimony and all materials in
support of the case, must be filed by December 4, 2024.

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 December 6, 2024. Any response to such
motion is due December 10, 2024. Any surrebuttal case, consisting of
any testimony and all materials in support of the case, must be filed
by December 13, 2024.

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 November 27, 2024, then the hearing
of the Postal Service's direct case shall begin December 4, 2024, with
additional days reserved on December 5, 2024, and December 6, 2024.
If any party files a notice of intent to file a rebuttal case by
November 27, 2024, but no surrebuttal testimony will be presented, then
the hearing of the Postal Service's direct case shall begin December
11, 2024, with additional days reserved on December 12, 2024, and
December 13, 2024.
If any party files a notice of intent to file a rebuttal case by
November 27, 2024, and the Commission approves the presentation of
surrebuttal testimony, then the hearing of the Postal Service's direct
case shall begin December 18, 2024, and the hearing of the surrebuttal
case shall end December 20, 2024.

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 November 25, 2024. 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

[[Page 83716]]

(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 November 26, 2024.
Assuming that no rebuttal case is filed, on December 2, 2024, 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. N2024-1 (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.
N2024-1 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).
a. Briefing Deadlines
Assuming that no rebuttal case is filed, initial briefs are due
December 12, 2024, and reply briefs are due December 19, 2024. If any
party files a notice confirming its intent to file a rebuttal case by
November 27, 2024, 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 December 12, 2024.
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 November 25, 2024.

O. The Commission's Advisory Opinion

In section IV.D., the Commission stated that it found good cause to
modify the procedural schedule such that the Commission shall issue its
advisory opinion within 120 days of the filing of the Request.
Therefore, absent a determination of good cause for further extension,
the Commission shall issue its advisory opinion in this proceeding by
January 31, 2025. ``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). The
Commission encourages the Postal Service to consider the
recommendations from the advisory opinion before moving forward with
implementation.

P. Public Representative

Pursuant to 39 U.S.C. 3661(c), Ping Gong 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. 7414
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 Stephanie A. Quick to serve as presiding officer in Docket No.
N2024-1, effective immediately.
3. Stephanie A. Quick 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. Stephanie A. Quick 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. Stephanie A. Quick 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), Ping Gong 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. N2024-1
[Established by the Commission, October 8, 2024]
------------------------------------------------------------------------

------------------------------------------------------------------------
Technical Conference Dates:
Deadline to Email [email protected] October 15, 2024.
to Register to Participate in the Live
Technical Conference via Microsoft
Teams.
Filing of the Postal Service's October 15, 2024.
Materials (if any) for the Technical
Conference.

[[Page 83717]]

Technical Conference (live via October 16, 2024, at 1:00
Microsoft Teams). p.m. Eastern Time (ET).
Intervention Deadline:
Filing of Notice of Intervention....... October 21, 2024.
Discovery Deadlines for the Postal
Service's Direct Case:
Last Filing of Discovery Requests...... November 5, 2024.
Filing of the Postal Service's Answers November 12, 2024.
to Discovery.
Deadlines in Preparation for Hearing
(assuming no rebuttal case):
Filing of Notice Confirming Intent to November 25, 2024.
Oral Conduct Cross-Examination.
Filing of Request to Present Oral November 25, 2024.
Argument.
Filing of Notice of Designations November 26, 2024.
(Parties).
Filing of Notices of Designated December 2, 2024.
Materials (Postal Service).
Rebuttal Case Deadlines (if applicable):
Filing of Notice Confirming Intent to November 27, 2024.
File a Rebuttal Case.
Filing of Rebuttal Case................ December 4, 2024.
Surrebuttal Case Deadlines (if applicable):
Filing of Motion for Leave to File December 6, 2024.
Surrebuttal Case.
Filing of Response to Motion for Leave December 10, 2024.
to File Surrebuttal Case.
Filing of Surrebuttal Case (if December 13, 2024.
authorized).
Hearing Dates:
Hearings (with no Rebuttal Case)....... December 4 to 6, 2024.
Hearings (with Rebuttal Case, but no December 11 to 13, 2024.
authorized Surrebuttal Case).
Hearings (with Rebuttal Case and December 18 to 20, 2024.
authorized Surrebuttal Case).
Briefing Deadlines:
Filing of Initial Briefs (with no December 12, 2024.
Rebuttal Case).
Filing of Reply Briefs (with no December 19, 2024.
Rebuttal Case).
Statement of Position Deadline:
Filing of Statement of Position (with December 12, 2024.
no Rebuttal Case).
Advisory Opinion Deadline:
Filing of Advisory Opinion............. January 31, 2025.
------------------------------------------------------------------------

Docket N2024-1 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.
N2024-1. ___ (name of participant filing motion) (hereinafter ``the
movant'') requests access to these materials related to Commission
Docket No. N2024-1 (hereinafter ``this matter'').
The movant has provided to each person seeking access to these
materials:
[cir] This Protective Conditions Statement;
[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:

[[Page 83718]]

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/
-----------------------------------------------------------------------
Attorney/Non-Attorney Representative for
(signature of representative)
(print name of representative)
(address line 1 of representative)
(address line 2 of representative)
(telephone number of representative)
(e-mail address of representative)
(choose the appropriate response)
(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

/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. 2024-23853 Filed 10-16-24; 8:45 am]
BILLING CODE 7710-FW-P