[Federal Register Volume 87, Number 60 (Tuesday, March 29, 2022)]
[Notices]
[Pages 18044-18052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06524]


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POSTAL REGULATORY COMMISSION

[Docket No. N2022-1; Order No. 6124]


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 on the service standards for 
Retail Ground and Parcel Select Ground. This document invites public 
comments on the request and addresses several related procedural steps.

DATES: Notices of intervention are due: April 4, 2022; Live WebEx 
Technical Conference: March 31, 2022, at 11:00 a.m., Eastern Daylight 
Time, Virtual.

ADDRESSES: Submit notices of intervention electronically via the 
Commission's Filing Online system at http://www.prc.gov. Persons 
interested in intervening who cannot submit their views electronically 
should contact the person identified in the FOR FURTHER INFORMATION 
CONTACT: 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 March 21, 2022, the Postal Service filed a request for an 
advisory opinion from the Commission regarding planned changes to the 
service standards for Retail Ground (RG) and Parcel Select Ground 
(PSG).\1\ RG ``is an economical ground shipping solution for retail 
(single-piece) customers for packages, thick envelopes, and tubes 
weighing less than 70 pounds and up to 130 inches combined length and 
girth that are not required to be sent as First-Class Mail.'' \2\ PSG 
is similar to RG but targeted at large- and medium-sized commercial 
shippers. Request at 2; Notice at 1 n.2. The Postal Service proposes to 
upgrade the service standards for RG and PSG from the current 2- to 8-
day standard to a 2- to 5-day standard. Request at 2.
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    \1\ United States Postal Service's Request for an Advisory 
Opinion on Changes in the Nature of Postal Services, March 21, 2022 
(Request).
    \2\ Id. at 2; see also Notice of Pre-Filing Conference, March 4, 
2022, at 1 n.1 (Notice).
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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 5. 
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 March 23, 2021, the Postal Service published a 10-year strategic 
plan announcing potential changes intended to achieve financial 
stability and service excellence.\3\ In furtherance of this plan, on 
March 4, 2022, the Postal Service filed a notice of its intent to 
conduct a pre-filing conference regarding its proposed changes to the 
service standards for RG and PSG. Notice at 1.
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    \3\ See United States Postal Service, Delivering for America: 
Our Vision and Ten-Year Plan to Achieve Financial Sustainability and 
Service Excellence, March 23, 2021, at 3, available at https://about.usps.com/what/strategic-plans/delivering-for-america/assets/USPS_Delivering-For-America.pdf (Postal Service's Strategic Plan). 
Further information related to the Postal Service's Strategic Plan 
is available at https://about.usps.com/what/strategic-plans/delivering-for-america/.
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    On March 8, 2022, the Commission issued Order No. 6115, which 
established Docket No. N2022-1 to consider the Postal Service's 
proposed changes, notified the public concerning the Postal Service's 
pre-filing conference, and appointed a Public Representative.\4\ Due to 
the COVID-19 pandemic, the Postal Service held its pre-filing 
conference virtually on March

[[Page 18045]]

15, 2022, from 1:00 p.m. to 2:00 p.m. Eastern Daylight Time (EDT). See 
Request at 8. 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, March 8, 2022 (Order No. 6115).
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III. The Request

A. The Postal Service's Planned Changes

    Currently, for end-to-end package service within the contiguous 
United States, RG and PSG have a service standard ranging from 2 to 8 
days. Id. at 3. The Postal Service plans to upgrade that service 
standard to correspond with the 2- to 5-day service standard for First-
Class Package Service (FCPS) considered by the Commission in Docket No. 
N2021-2. Id. at 2, 3. The Postal Service asserts that the proposed 
change would simplify the operational scheme for processing and 
transporting RG and PSG package volume within the contiguous United 
States by combining it with FCPS volume. Id. at 3. Table 1 below 
compares the current to the new service standards.
[GRAPHIC] [TIFF OMITTED] TN29MR22.000

    The Postal Service asserts that the proposed service standards 
``are predicated on the planned change to the FCPS service standards 
and the concomitant improvement and optimization of the Postal 
Service's package processing and surface transportation network and 
depends on consolidation with FCPS domestic surface volumes.'' \5\
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    \5\ Id. at 4. The Postal Service states that the change to FCPS 
has not yet been implemented but would be implemented before or at 
the same time as the RG and PSG service standard changes proposed in 
this docket. Notice at 2 n.4.
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    However, the Postal Service notes that certain packages are not 
included in the planned service standards, including RG and PSG 
packages sent to or from domestic locations outside the contiguous 
United States, packages containing hazardous materials, and live 
animals shipped by RG. Id. at 4-5.

B. The Postal Service's Position

    The Postal Service states that its fundamental rationale for the 
proposed changes is to enhance service to customers sending larger 
packages. Id. at 6. It asserts that by consolidating RG and PSG volume 
with FCPS volume, it can offer faster service for packages that exceed 
the weight and size limitations of FCPS. Id. The Postal Service submits 
that the proposed changes will result in further improvement and 
rationalization of its portfolio of package products. Id. It notes that 
the market for faster, economical ground shipping products has seen 
significant growth recently and is expected to continue to grow. Id. at 
7.
    Additionally, the Postal Service contends that shifting RG and PSG 
volume to follow FCPS volume would

[[Page 18046]]

enable the further optimization of its package processing and surface 
transportation networks in three ways. Id. First, it asserts that the 
added volume would fill existing unused capacity, maximizing surface 
transportation utility and value. Id. Second, the Postal Service states 
that, by eliminating the current interim processing stops, it can 
reduce the overall processing burden while improving speed and 
reliability by reducing touch points. Id. Third, it asserts that by 
combining multiple sorts, the proposed change would improve volume and 
capacity in surface lanes. Id.
    Moreover, the Postal Service asserts that the proposed changes will 
continue to achieve the broader policies of title 39, United States 
Code. See id. at 7-8. The Postal Service discusses how the proposed 
changes would continue to satisfy the universal service provisions 
appearing in 39 U.S.C. 101, 403, and 3661(a) under the proposed service 
standards. See id. The Postal Service also asserts that the proposed 
changes would not impair compliance with the policies of 39 U.S.C. 
3633, which govern the financial performance of competitive products. 
See id. at 8. The Postal Service further asserts that the proposed 
changes will not cause any undue or unreasonable discrimination against 
any users of the mail. See id.

C. The Postal Service's Direct Case

    The Postal Service is required to file its direct case along with 
the Request. See 39 CFR 3020.114. The Postal Service's direct case 
includes all of the prepared evidence and testimony upon which the 
Postal Service proposes to rely on in order to establish that its 
proposal accords with and conforms to the policies of title 39, United 
States Code. See id. The Postal Service provides the direct testimony 
of three witnesses and identifies a fourth 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.
[GRAPHIC] [TIFF OMITTED] TN29MR22.001

    Additionally, the Postal Service filed five library references, one 
of which is available to the public and four of which are designated as 
non-public material.

[[Page 18047]]

[GRAPHIC] [TIFF OMITTED] TN29MR22.002

IV. Initial Administrative Actions

A. General Procedures

    The procedural rules in 39 CFR part 3020 apply to Docket No. N2022-
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. N2022-1. See 39 CFR 3020.122(b). Due to the COVID-19 
pandemic, the Commission is conducting all business, including any 
hearing or public meeting for Docket No. N2022-1 virtually and not in 
person.

B. Scope

    Docket No. N2022-1 is limited in scope to the specific changes 
proposed by the Postal Service in its Request. See 39 CFR 3020.102(b). 
To the extent that participants raise alternative proposals and present 
reasons why those alternatives may be superior to the Postal Service's 
proposal, the Commission would interpret such discussion as critiquing 
the specific changes proposed by the Postal Service in its Request.\6\ 
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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    \6\ 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 Chairman Michael Kubayanda to serve as presiding officer in 
Docket No. N2022-1, 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 him to 
propound formal discovery requests upon any party, at his discretion. 
The numerical limitation on interrogatories appearing in 39 CFR 
3020.117(a) shall not apply to the presiding officer. The Commission 
also authorizes Chairman Kubayanda 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. Chairman 
Kubayanda 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. 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 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

[[Page 18048]]

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. N2022-1 upon you via First-Class Mail. See 39 CFR 
3010.127(b) and (c). You may request physical service by mailing a 
document demonstrating your need to the Office of Secretary and 
Administration, Postal Regulatory Commission, 901 New York Avenue NW, 
Suite 200, Washington, DC 20268-0001. Service may be delayed due to the 
impact of the COVID-19 pandemic. Pursuant to 39 CFR 3010.127(c), the 
Secretary shall maintain a service list identifying no more than two 
individuals designated for physical service of documents for each party 
intervening in this proceeding. Accordingly, each party must ensure 
that its listing is accurate and should promptly notify the Secretary 
of any errors or changes. See 39 CFR 3010.127(c).
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.\7\ 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.
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    \7\ See 39 CFR 3011.300, 3011.302-304.
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    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 8:00 a.m. 
through 4:30 p.m. EDT, except for Saturdays, Sundays, and Federal 
holidays. A guide to using the Filing Online system, including how to 
create an account, is available at https://www.prc.gov/how-to-participate. If you have questions about how to use the Filing Online 
system, please contact the dockets clerk by email at <a href="/cdn-cgi/l/email-protection#91f5fef2faf4e5e2d1e1e3f2bff6fee7"><span class="__cf_email__" data-cfemail="563239353d3322251626243578313920">[email protected]</span></a> 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:
    <bullet> The material cannot reasonably be converted to electronic 
format,
    <bullet> The material contains non-public information (see 39 CFR 
part 3011),
    <bullet> The filer is unable to effectively use the Commission's 
Filing Online system and the document is 10 pages or fewer, or
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#86e2e9e5ede3f2f5c6f6f4e5a8e1e9f0"><span class="__cf_email__" data-cfemail="80e4efe3ebe5f4f3c0f0f2e3aee7eff6">[email protected]</span></a> or telephone at (202) 789-
6847.

G. Technical Conference

1. Date and Purpose
    A technical conference will be held live via WebEx on March 31, 
2022, at 11:00 a.m. EDT.\8\ The technical conference is an informal, 
off-the-record opportunity to clarify technical issues as well as to 
identify and request information relevant to evaluating the Postal 
Service's proposed changes. See 39 CFR 3020.115(c). 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 three witnesses whose 
direct testimony was filed along with the Request and a fourth 
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 four individuals are prepared to address are summarized above in 
Section III.C., Table 1, infra.
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    \8\ On March 23, 2022, the Commission filed an errata to Order 
No. 6124 correcting the date of the technical conference to March 
31, 2022. See Notice of Errata, March 23, 2022 (Notice of Errata), 
Attachment at 1. The errata also instructs technical conference 
registrants to resubmit their registration request if they have not 
yet received a response from the Commission, due to a technical 
issue on March 23, 2022 that prevented the Commission from receiving 
some registration requests. Notice of Errata at 1-2.
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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 11:00 a.m. EDT on March 31, 2022, an 
individual must click on the internet link that will be identified on 
the Commission's YouTube Channel, which

[[Page 18049]]

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 four witnesses. Details on how to 
participate in the live WebEx (and have the opportunity to question the 
Postal Service's four 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 four 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 
<a href="/cdn-cgi/l/email-protection#4608747674746b773423212f35323427322f29280636342568212930"><span class="__cf_email__" data-cfemail="c28cf0f2f0f0eff3b0a7a5abb1b6b0a3b6abadac82b2b0a1eca5adb4">[email protected]</span></a>, with the subject line ``Registration'' by 
March 28, 2022. In order to facilitate orderly public participation, 
this email shall provide the following information:
    <bullet> Your first and last name;
    <bullet> your email address (to receive the WebEx link);
    <bullet> the name(s) of the Postal Service's witness(es) you would 
like to question and/or the topic(s) of your question(s); and
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#e0aed2d0d2d2cdd1928587899394928194898f8ea0909283ce878f96"><span class="__cf_email__" data-cfemail="c48af6f4f6f6e9f5b6a1a3adb7b0b6a5b0adabaa84b4b6a7eaa3abb2">[email protected]</span></a> email address is established solely 
for the exchange of information relating to the logistics of 
registering for, and participating in, the technical conference.\9\ No 
information related to the substance of the Postal Service's Request 
shall be communicated, nor shall any information provided by 
participants apart from the list identified above be reviewed or 
considered. Only documents filed with the Commission's docket system 
will be considered by the Commission. Before the technical conference, 
the Commission will email each identified individual a WebEx link, an 
explanation of how to connect to the technical conference, and 
information regarding the schedule and procedures to be followed.
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    \9\ Please refer to the Commission's privacy policy which is 
available at https://www.prc.gov/privacy.
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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. N2022-1 
(such as PowerPoint presentations or Excel spreadsheets) that the 
Postal Service expects to present at the technical conference by March 
29, 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).

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 April 4, 2022.\10\ This filing must clearly 
and concisely state: The nature and extent of the intervenor's interest 
in the issues (including the postal services used), the intervenor's 
position on the proposed changes in services (to the extent known), 
whether or not the intervenor requests a hearing, and whether or not 
the intervenor intends to actively participate in the hearing. See 39 
CFR 3010.142(b). Page one of this filing shall contain the name and 
full mailing address of no more than two persons who are to receive 
service, when necessary, of any documents relating to this proceeding. 
See id. A party may participate in discovery; file testimony and 
evidence; conduct written examination of witnesses; conduct limited 
oral cross-examination; file briefs, motions, and objections; and 
present argument before the Commission or the presiding officer. See 
id. sections 3010.142(a); 3020.122(e). An opposition to a notice of 
intervention is due within 3 days after the notice of intervention is 
filed. See id. section 3010.142(d)(2).
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    \10\ Neither the Public Representative nor the Postal Service 
must file a notice of intervention; both are automatically deemed 
parties to this proceeding. See 39 CFR 3010.142(a).
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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 the 
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.\11\ 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.\12\
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    \11\ See 39 CFR 3020.116-3020.119.
    \12\ 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.\13\ 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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    \13\ 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 April 18, 2022. All discovery answers by the Postal 
Service must be filed by April 25, 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 contradict the evidence and testimony submitted by the Postal 
Service. A rebuttal case does not include cross-

[[Page 18050]]

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 
April 27, 2022. Any rebuttal case, consisting of any testimony and all 
materials in support of the case, must be filed by May 2, 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 May 4, 2022. Any response to such motion 
is due May 6, 2022. Any surrebuttal case, consisting of any testimony 
and all materials in support of the case, must be filed by May 9, 2022.

L. Hearing Dates

    The Commission expects that this case will require no more than one 
or two business days for hearing, but reserves three 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 April 27, 2022, then the hearing 
of the Postal Service's direct case shall begin May 2, 2022, with 
additional days reserved on May 3, 2022, and May 4, 2022. If any party 
files a notice of intent to file a rebuttal case by April 27, 2022 but 
no surrebuttal testimony will be presented, then the hearing of the 
Postal Service's direct case shall begin May 9, 2022, with additional 
days reserved on May 10, 2022, and May 11, 2022. If any party files a 
notice of intent to file a rebuttal case by April 27, 2022, and the 
Commission approves the presentation of surrebuttal testimony, then the 
hearing of the Postal Service's direct case shall begin May 16, 2022, 
and the hearing of the surrebuttal case shall end May 18, 2022.\14\
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    \14\ The pro forma schedule set forth in appendix A of 39 CFR 
part 3020 contemplates this hearing scheduled for days 54-56, which 
would be Saturday May 14, 2022 through Monday May 16, 2022. In 
accordance with 39 CFR 3020.103, these dates are adjusted to Monday 
May 16, 2022 through Wednesday May 18, 2022.
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M. Presentation of Evidence and Testimony

    Evidence and testimony shall be in writing and may be accompanied 
by a trial brief or legal memoranda. Id. section 3020.122(e)(1). 
Whenever possible and particularly for factual or statistical evidence, 
written cross-examination will be used in lieu of oral cross-
examination. Id. section 3020.122(e)(2).
    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 April 25, 2022.\15\ The notice must 
include an estimate of the amount of time requested for each witness.
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    \15\ Consistent with the necessary adjustments made in Docket 
Nos. N2021-1 and N2021-2 to conduct a virtual hearing, the 
Commission adjusts the timeframe contemplated by 39 CFR 
3020.122(e)(3) and instead sets this deadline as 7 days before the 
beginning of the virtual hearing (assuming that no rebuttal case is 
filed).
---------------------------------------------------------------------------

    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 April 26, 2022.
    Assuming that no rebuttal case is filed, on April 29, 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 a single Adobe PDF file that contains, in order: The 
witness's testimony (with any corrections highlighted); identification 
of any library references sponsored by the witness; and 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).

N. Presentation of Argument

1. General Procedures
    Any person that has intervened in Docket No. N2022-1 (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. 
N2022-1 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 May 
11, 2022, and reply briefs are due May 18, 2022. If any party files a 
notice confirming its intent to file a rebuttal case by April 27, 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 May 11, 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,

[[Page 18051]]

any party may file a request to present oral argument by April 25, 
2022.

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 June 21, 2022.\16\ ``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).
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    \16\ Based upon the pro forma schedule set forth in appendix A 
of 39 CFR part 3020, the advisory opinion should be issued on day 
90, which would be Sunday June 19, 2022 and the following day, 
Monday June 20, 2022 is an observed Federal holiday. Thus, this date 
is adjusted to Tuesday June 21, 2022, in accordance with 39 CFR 
3020.103.
---------------------------------------------------------------------------

P. Public Representative

    Pursuant to 39 U.S.C. 3661(c), Joseph K. Press 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. 6115 at 3, 4.

V. Ordering Paragraphs

    It is ordered:
    1. The procedural schedule for this proceeding is set forth below 
the signature of this order.
    2. Pursuant to 39 CFR 3010.106 and 3020.122(b), the Commission 
appoints Chairman Michael Kubayanda to serve as presiding officer in 
Docket No. N2022-1, effective immediately.
    3. Chairman Kubayanda is authorized to propound formal discovery 
requests upon any party, at his discretion. The numerical limitation on 
interrogatories appearing in 39 CFR 3020.117(a) shall not apply to the 
Presiding Officer.
    4. Chairman Kubayanda 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. Chairman Kubayanda 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), Joseph K. Press 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. N2022-1
             [Established by the Commission, March 23, 2022]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Technical Conference Dates:
    Deadline to Email N2022-                      March 28, 2022.
     <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="17266572707e64636576637e78795767657439707861">[email protected]</a> to Register to
     Participate in the Live Technical
     Conference via WebEx.
    Filing of the Postal Service's Materials for  March 29, 2022.
     the Technical Conference.
    Technical Conference (live via WebEx).......  March 31, 2022, at
                                                   11:00 a.m. Eastern
                                                   Daylight Time.
Intervention Deadline:
    Filing of Notice of Intervention............  April 4, 2022.
Discovery Deadlines for the Postal Service's
 Direct Case:
    Filing of Discovery Requests................  April 18, 2022.
    Filing of the Postal Service's Answers to     April 25, 2022.
     Discovery.
Deadlines in Preparation for Hearing (assuming
 no rebuttal case):
    Filing of Notice Confirming Intent to Oral    April 25, 2022.
     Conduct Cross-Examination.
    Filing of Request to Present Oral Argument..  April 25, 2022.
    Filing of Notice of Designations............  April 26, 2022.
    Filing of Notices of Designated Materials...  April 29, 2022.
Rebuttal Case Deadlines (if applicable):
    Filing of Notice Confirming Intent to File a  April 27, 2022.
     Rebuttal Case.
    Filing of Rebuttal Case.....................  May 2, 2022.
Surrebuttal Case Deadlines (if applicable):
    Filing of Motion for Leave to File            May 4, 2022.
     Surrebuttal Case.
    Filing of Response to Motion for Leave to     May 6, 2022.
     File Surrebuttal Case.
    Filing of Surrebuttal Case (if authorized)..  May 9, 2022.
Hearing Dates:
    Hearings (with no Rebuttal Case)............  May 2 to 4, 2022.
    Hearings (with Rebuttal Case, but no          May 9 to 11, 2022.
     authorized Surrebuttal Case).
    Hearings (with Rebuttal Case and authorized   May 16 to 18, 2022.
     Surrebuttal Case).
Briefing Deadlines:
    Filing of Initial Briefs (with no Rebuttal    May 11, 2022.
     Case).
    Filing of Reply Briefs (with no Rebuttal      May 18, 2022.
     Case).
Statement of Position Deadline:
    Filing of Statement of Position (with no      May 11, 2022.
     Rebuttal Case).
Advisory Opinion Deadline:
    Filing of Advisory Opinion (absent            June 21, 2022.
     determination of good cause for extension).
------------------------------------------------------------------------


[[Page 18052]]

[FR Doc. 2022-06524 Filed 3-28-22; 8:45 am]
BILLING CODE 7710-FW-P


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