76264 Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Notices 

1See Docket No. RM2018–3, Order Adopting 

Final Rules Relating to Non-Public Information, 

June 27, 2018, Attachment A at 19–22 (Order No. 

4679). 

1Order Partially Denying United States Postal 

Service’s Motion to Dismiss and Notice of Limited 

Formal Proceedings, September 18, 2023, at 8 

(Order No. 6688). 

2See Motion to Reconsider Order No. 6688, 

October 20, 2023; Motion for Oral Argument and 

Summary Judgment, October 30, 2023. 3All times in this Ruling are Eastern Time. 

Postal Service for each request. For each 

request, the Commission appoints an 

officer of the Commission to represent 

the interests of the general public in the 

proceeding, pursuant to 39 U.S.C. 505 

(Public Representative). Section II also 

establishes comment deadline(s) 

pertaining to each request. 

The public portions of the Postal 

Service’s request(s) can be accessed via 

the Commission’s website (http://

www.prc.gov). Non-public portions of 

the Postal Service’s request(s), if any, 

can be accessed through compliance 

with the requirements of 39 CFR 

3011.301.1

The Commission invites comments on 

whether the Postal Service’s request(s) 

in the captioned docket(s) are consistent 

with the policies of title 39. For 

request(s) that the Postal Service states 

concern Market Dominant product(s), 

applicable statutory and regulatory 

requirements include 39 U.S.C. 3622, 39 

U.S.C. 3642, 39 CFR part 3030, and 39 

CFR part 3040, subpart B. For request(s) 

that the Postal Service states concern 

Competitive product(s), applicable 

statutory and regulatory requirements 

include 39 U.S.C. 3632, 39 U.S.C. 3633, 

39 U.S.C. 3642, 39 CFR part 3035, and 

39 CFR part 3040, subpart B. Comment 

deadline(s) for each request appear in 

section II. 

II. Docketed Proceeding(s) 

1. Docket No(s).: MC2024–29 and 

CP2024–29; Filing Title: USPS Request 

to Add Priority Mail Express, Priority 

Mail & USPS Ground Advantage 

Contract 12 to Competitive Product List 

and Notice of Filing Materials Under 

Seal; Filing Acceptance Date: October 

30, 2023; Filing Authority: 39 U.S.C. 

3642, 39 CFR 3040.130 through 

3040.135, and 39 CFR 3035.105; Public 

Representative: Christopher C. Mohr; 

Comments Due: November 7, 2023. 

This Notice will be published in the 

Federal Register. 

Erica A. Barker, 

Secretary. 

[FR Doc. 2023–24375 Filed 11–3–23; 8:45 am] 

BILLING CODE 7710–FW–P 

POSTAL REGULATORY COMMISSION 

[Docket No. C2023–6; Presiding Officer’s 

Ruling No. 2] 

Service Standard Changes 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: The Commission is providing 

notice that a hearing and certain 

procedural events have been scheduled 

in this proceeding. This notice informs 

the public of the procedural schedule. 

DATES: Notices of intervention are due: 

November 13, 2023; Prehearing 

Videoconference: December 4, 2023, at 

1:00 p.m., Eastern Daylight Time, 

Virtual. 

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. 2 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. Procedural Schedule 

II. Additional Case Management Procedures 

III. Ruling 

I. Procedural Schedule 

Intervention. The deadline to file a 

notice of intervention pursuant to 39 

CFR 3010.142 is November 13, 2023. 

Discovery. Pursuant to Order No. 

6688, the Presiding Officer shall 

conduct limited discovery for the 

purpose of determining disputed issues 

of fact in this case.1

At the prehearing videoconference 

conducted on October 30, 2023, the 

parties agreed that the discovery process 

should go forward notwithstanding 

Complainant’s two motions pending 

before the Commission.2 After further 

discussion at the videoconference, 

Complainant indicated that he would 

file a notice on the Commission’s docket 

withdrawing his motion for summary 

judgment without prejudice to refiling 

once the discovery process has been 

completed. Should the Commission 

grant the motion for reconsideration or 

otherwise expand the scope of the 

issues, the Presiding Officer will take 

appropriate action. 

The parties may request that the 

Presiding Officer obtain specific 

discovery, but may not independently 

propound discovery on each other. 

Order No. 6688 at 8. The parties shall 

email their initial information requests, 

encompassing both of the disputed 

issues of fact, to the Presiding Officer 

(and cc’ing the other party) no later than 

Monday, November 6, 2023, at 4:30 

p.m.3 The parties should attach their 

requests to the email in Microsoft Word 

format. These proposed information 

requests need not be filed on the 

Commission’s public docket. Failure to 

submit an initial information request by 

the deadline without good cause may 

result in waiver of the party’s right to 

request discovery in this case. 

The Presiding Officer will serve 

information requests by filing them on 

the Commission’s public docket. 

Answers to information requests, as 

well as any objections or claims of 

privilege, are due by the date and time 

specified in each information request. 

Although the Presiding Officer will 

initially review the proposed 

information requests and reserves the 

right to revise or reject any proposed 

questions on grounds such as relevance, 

the Presiding Officer’s issuance of an 

information request should not be 

construed as considering or rejecting 

any objections or claims of privilege that 

could conceivably be raised. Procedures 

for raising good faith objections or 

claims of privilege, if any, will be set 

out in the Presiding Officer’s 

information request. 

Responses to information requests 

may be transmitted via email, with the 

Presiding Officer cc’ed, by the date and 

time due. Unless otherwise indicated, 

responses to discovery requests need 

not be filed on the Commission’s public 

docket. 

Further information requests 

submitted by the parties will be 

considered by the Presiding Officer only 

after the parties have submitted their 

responses to the initial information 

requests. Pursuant to 39 CFR 3010.170, 

the Presiding Officer may issue 

information requests on his own 

initiative, either independently or along 

with requests submitted by the parties. 

The parties are advised, however, that 

issuance of additional information 

requests will be considered on a caseby-case basis and is not guaranteed, 

particularly if the party could have 

requested the information sought in its 

initial information request. 

Prehearing videoconference. A 

prehearing videoconference is 

scheduled to be conducted before the 

Presiding Officer on December 4, 2023, 

at 1:00 p.m. Among other things, this 

videoconference will discuss 

procedures for the presentation of 


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Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Notices 76265 

evidence and legal arguments, the need 

for any additional information requests, 

as well as the resolution of any pending 

discovery-related disputes. Additional 

prehearing conferences may be 

scheduled as needed. 

Presentation of evidence. The issue of 

whether the hearing will involve the 

presentation of oral versus written 

testimony (including whether it may be 

appropriate to supplement written 

testimony with oral testimony for 

certain witnesses on particular issues in 

dispute) will be addressed more fully at 

the December 4, 2023, prehearing 

videoconference. 

Hearing. The date on which the 

hearing of evidence shall begin will be 

addressed at the December 4, 2023, 

prehearing teleconference. 

II. Additional Case Management 

Procedures 

Good faith effort to confer. A good 

faith effort to confer with the opposing 

party requires at least the placing of one 

telephone call or the transmittal of one 

email message to the opposing party or 

its counsel. 

Discovery motions. The parties must 

make a good faith effort to confer with 

the opposing party to attempt to resolve 

any discovery dispute before filing any 

motions related to discovery. The 

Presiding Officer will not entertain a 

motion to compel discovery, motion for 

sanctions, motion for protective order, 

or any other discovery motions until 

this good faith effort has been made. If 

this good faith effort is unsuccessful, the 

motion shall (1) state that a good faith 

effort has been made to resolve the 

dispute, (2) attach each disputed 

discovery request, answer, and objection 

(if applicable), (3) provide available 

dates and times for a hearing to be 

conducted by videoconference, and (4) 

concisely state the relief sought, the 

basis therefor, and the authority relied 

upon. Any party opposing the motion 

shall file a response no later than 7 days 

after the motion is filed. See 39 CFR 

3010.160(b). No replies shall be 

permitted without express authorization 

of the Presiding Officer. See 39 CFR 

3010.160(c). Failure to file a timely 

response may result in the motion being 

deemed unopposed. The Presiding 

Officer may decide the dispute based on 

the motion and any response, set a 

hearing to be conducted by 

videoconference, or order further 

briefing. 

Extension of time or continuance. If 

either party seeks an extension of time 

or continuance, they must make a good 

faith effort to confer with the opposing 

party to determine a proposed mutually 

agreeable date before filing a motion. 

The motion must be filed before the 

specific deadline expires and shall state 

whether the other party opposes the 

motion. Extensions of time or 

continuances will only be granted for 

good cause shown. 

Waiver or modification. If either party 

seeks to waive or modify the terms of 

any Presiding Officer’s Ruling, the party 

must make a good faith effort to confer 

with the opposing party to determine a 

proposed mutually agreeable resolution 

before filing a motion. The Presiding 

Officer may waive or modify the terms 

of his order for good cause shown. 

Oral argument. If either party requests 

to present oral argument before the 

Presiding Officer relating to any motion 

or brief, the party shall include ‘‘ORAL 

ARGUMENT REQUESTED’’ in the 

caption or title on page 1 of the 

applicable motion, response, or brief. 

III. Ruling 

1. The deadline to file a notice of 

intervention pursuant to 39 CFR 

3010.142 is November 13, 2023. 

2. A prehearing videoconference will 

be conducted before the Presiding 

Officer on December 4, 2023, at 1:00 

p.m. 

3. The parties and counsel shall 

follow the procedural schedule and case 

management procedures established by 

this Presiding Officer’s Ruling. 

4. The Secretary shall arrange for 

publication of the deadline to file a 

notice of intervention and the date of 

the prehearing videoconference in the 

Federal Register. 

Erica A. Barker, 

Secretary. 

[FR Doc. 2023–24380 Filed 11–3–23; 8:45 am] 

BILLING CODE 7710–FW–P 

POSTAL SERVICE 

Sunshine Act Meetings 

TIME AND DATE: Monday, November 13, 

2023, at 1:00 p.m.; Tuesday, November 

14, 2023, at 12:00 p.m. 

PLACE: Washington, DC, at U.S. Postal 

Service Headquarters, 475 L’Enfant 

Plaza SW, in the Benjamin Franklin 

Room. 

STATUS: Monday, November 13, 2023, at 

1:00 p.m.—Closed. Tuesday, November 

14, 2023, at 12:00 p.m.—Open. 

MATTERS TO BE CONSIDERED: 

Meeting of the Board of Governors 

Monday, November 13, 2023, at 1:00 

p.m. (Closed) 

1. Strategic Issues 

2. Financial and Operational Matters 

3. Compensation and Personnel Matters 

4. Executive Session 

5. Administrative Items 

Tuesday, November 14, 2023, at 12:00 

p.m. (Open) 

1. Remarks of the Chairman of the Board 

of Governors 

2. Remarks of the Postmaster General 

and CEO 

3. Approval of the Minutes 

4. Committee Reports 

5. Financial Matters 

a. FY2023 Annual Financial Report 

b. FY2023 10K and Financial 

Statements 

c. Annual Report to Congress 

d. FY2024 Integrated Financial Plan 

and Liquidity Outlook 

e. FY2025 Congressional 

Reimbursement Request 

6. Quarterly Service Performance Report 

7. Approval of Tentative Agenda for the 

February 8, 2024 Meeting 

8. Election of the Chairman and Vice 

Chairman 

A public comment period will begin 

immediately following the adjournment 

of the open session on November 14, 

2023, and shall last no more than 40 

minutes. During the public comment 

period, members of the public present at 

the meeting may comment on any item 

or subject listed on the agenda for the 

open session. Registration of speakers at 

the public comment period is required. 

Speakers must register online at https:// 

www.surveymonkey.com/r/bog-11-14- 

2023. No more than 30 minutes of the 

public comment period shall be allotted 

to registered speakers present at the 

meeting, and no more than three 

minutes shall be allotted to each 

speaker. The time allotted to each 

speaker will be determined after 

registration closes. Registration to speak 

during the public comment period shall 

end on November 9 at noon ET. 

Additionally, a select number of written 

comments will be read in whole or in 

part during the public comment period 

for no more than 10 minutes. Written 

comments on any item or subject listed 

on the agenda for the open session may 

be submitted by United States Mail to 

the address below or to the email 

address bog-inquiries@usps.gov. If 

submitted by email, written comments 

must include a valid email address for 

the person submitting the comment and 

the words ‘‘Public Comment Period’’ in 

the subject line. Written comments must 

be received before November 9 at noon 

ET. Participation in the public comment 

period is governed by 39 CFR 232.1(n). 

The next public comment period is 

scheduled for November 2024. 

CONTACT PERSON FOR MORE INFORMATION: 

Michael J. Elston, Secretary of the 


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