Nationwide Change in Postal Delivery Service Standards, 77483-77485 [2011-31910]
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Federal Register / Vol. 76, No. 239 / Tuesday, December 13, 2011 / Notices
did not include rice syrup as a nonhoney sweetener in the 2000–2001
investigation because only refined sugar
and high fructose corn syrup were
known to be mixed with honey, making
them ‘‘honey adulterants,’’ and that the
existence of these sweeteners is not
evidence of a bona fide U.S. market for
blends with rice syrup.31
Petitioners also state that PIERS ship
manifest summaries show that there
were no imports of honey-rice syrup
blends from the PRC until August
2004.32 Additionally, according to the
affidavit of a honey industry expert,
who is also CEO of petitioner Sioux
Honey Association, there were no
commercially available honey-rice
syrup blends being marketed in the
United States at the time of the
investigation.33 Petitioners also note
that several studies on honey
adulteration published from 1991
through 2002 do not mention rice syrup
as an adulterant, and argue that this is
evidence that honey-rice syrup blends
were not available at the time of the
investigation.34 Finally, Petitioners state
that the NHB’s 2002 Honey Attitude and
Usage Study, which was published ten
months after the Order went into effect,
does not refer to any blend of honey
with any non-honey sweeteners,
indicating that such blends were not
commercially available at that time.35
Comments by Anhui Hundred
srobinson on DSK4SPTVN1PROD with NOTICES
Anhui Hundred contends that honeyrice syrup blends are not newly
developed products intended to
circumvent the Order. Anhui Hundred
argues that both artificial honey and
food preparations existed before the
initiation of the investigation, yet to its
knowledge, neither Petitioners nor the
Department attempted to include food
preparations within the scope, and it is
clear from the scope’s language that a
deliberate decision was made to include
only food preparations of over 50
percent honey in the scope.36
Additionally, Anhui Hundred argues
that honey-rice syrup is not a substitute
for pure honey, and to the best of its
knowledge, honey-rice syrup is sold
exclusively to commercial bakeries and
No. TA–406–13, USITC Pub. 2715 (Jan. 1994), and
the 1994–95 AD investigation, Honey from the
People’s Republic of China, Inv. No. 731–TA–722
(Preliminary), USITC Pub. 2832 (Nov. 1994). See
Petitioners’ Questionnaire Response at 3–5.
31 Id., at 6.
32 Id., at 11.
33 Id., at 13, and Exhibit 4 at paragraph 2.
34 Id., at 14–16.
35 Id., at 16–18.
36 See Anhui Hundred Response at 3.
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process food manufacturers in large
quantities.37
Initiation of Later-Developed
Merchandise Antidumping Duty
Anticircumvention Inquiry
Based on the information provided by
Petitioners described above, the
Department finds that there is sufficient
basis to initiate an antidumping duty
anticircumvention inquiry pursuant to
section 781(d) of the Act to determine
whether honey-rice syrup blends are
later-developed products that can be
considered subject to the Order. While
the Department notes that Anhui
Hundred has raised legitimate questions
with respect to whether rice-syrup is a
later-developed product within the
meaning of section 781(d) of the Act,
these questions do not demonstrate that
the Department should not initiate this
anticircumvention inquiry. Instead,
because the Petitioners have provided
the Department with adequate evidence
as outlined above, the Department is
initiating a later-developed merchandise
anticircumvention inquiry and the
Department will provide interested
parties, including Anhui Hundred, an
opportunity to provide evidence and
argument within the context of that
inquiry.
The Department will not order the
suspension of liquidation of entries of
any additional merchandise at this time.
However, in accordance with 19 CFR
351.225(l)(2), if the Department issues
an affirmative preliminary
determination, we will instruct CBP to
suspend liquidation and require a cash
deposit of estimated duties, at the
applicable rate, for each unliquidated
entry of the merchandise at issue,
entered or withdrawn from warehouse
for consumption on or after the date of
initiation of this inquiry.
We intend to notify the ITC in the
event of an affirmative preliminary
determination of circumvention, in
accordance with 781(e)(1) of the Act and
19 CFR 351.225(f)(7)(i)(C), if applicable.
The Department will, following
consultation with interested parties,
establish a schedule for questionnaires
and comments on the issues. The
Department intends to issue its final
determination within 300 days of the
date of publication of this initiation
notice.
This notice is published in
accordance with section 781(d) of the
Act and 19 CFR 351.225(i) and (j).
37 Id
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., at 5.
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77483
Dated: December 7, 2011.
Christian Marsh,
Acting Assistant Secretary for Import
Administration.
[FR Doc. 2011–31937 Filed 12–12–11; 8:45 am]
BILLING CODE 3510–DS–P
POSTAL REGULATORY COMMISSION
[Docket No. N2012–1; Order No. 1027]
Nationwide Change in Postal Delivery
Service Standards
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
The Commission is noticing a
recently-filed Postal Service request for
an advisory opinion on an initiative
involving examination of the
continuation of service at postal retail
locations. This document invites public
comments on the request and addresses
several related procedural steps.
DATES: 1. Notices of intervention are
due: December 30, 2011, 4:30 p.m.
Eastern Time.
2. Prehearing conference: January 4,
2012, at 10 a.m. (Commission hearing
room, 901 New York Ave., NW 20268–
0001, Suite 200).
ADDRESSES: Submit notices of
intervention electronically by accessing
the ‘‘Filing Online’’ link in the banner
at the top of the Commission’s Web site
(https://www.prc.gov) or by directly
accessing the Commission’s Filing
Online system at https://www.prc.gov/
prc-pages/filing-online/login.aspx.
Persons interested in intervening who
cannot submit their views electronically
should contact the person identified in
the FOR FURTHER INFORMATION CONTACT
section as the source for case-related
information for advice on alternatives to
electronic filing.
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
at (202) 789–6820 (case-related
information) or DocketAdmins@prc.gov
(electronic filing assistance).
SUPPLEMENTARY INFORMATION: On
December 5, 2011, the United States
Postal Service (Postal Service) filed a
request with the Postal Regulatory
Commission (Commission) for the
Commission to issue an advisory
opinion under 39 U.S.C. 3661(c)
regarding whether certain changes in
the nature of postal services conform to
the applicable polices of title 39.1
The Postal Service proposes to revise
service standards for First-Class Mail,
SUMMARY:
1 Request of the United States Postal Service for
an Advisory Opinion on Changes in the Nature of
Postal Services, December 5, 2011 (Request).
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13DEN1
srobinson on DSK4SPTVN1PROD with NOTICES
77484
Federal Register / Vol. 76, No. 239 / Tuesday, December 13, 2011 / Notices
Periodicals, Package Services, and
Standard Mail. The most significant
revisions would eliminate the
expectation of overnight service for
significant portions of First-Class Mail
and Periodicals. Within First-Class Mail,
3-digit origin-destination pair service
standards would be modified to move
overnight delivery to 2-day delivery,
and to move a portion of 2-day delivery
to 3-day delivery. Id. at 1. Although
changes to service standards for
competitive products such as Express
Mail and Priority Mail are not being
proposed, the realignment of 3-digit
origin-destination pairs could also affect
those products. Id. at 7.
The Postal Service asserts the service
standard changes would allow for a
significant consolidation of the Postal
Service’s processing and transportation
networks. It contends the consolidated
networks would better match current
and projected mail volumes and result
in substantial cost savings. Id. at 1–2.
The Postal Service projects this effort
will result in costs savings of $2.1
billion annually. Id. at 4.
Concurrent with this request for an
advisory opinion, the Postal Service is
separately pursuing modification of the
market dominant product service
standards appearing at 39 CFR parts 121
and 122. Id. at 6. The Postal Service
asserts that no changes to service
standards will be implemented until
completion of the independent
rulemaking anticipated for completion
in March 2012. Id. at 14. Thus, the
Postal Service realistically anticipates
there will be no changes to service
standards associated with the request
for an advisory opinion until the first
half of April 2012, at the earliest. Id.
The Postal Service’s direct case. The
Request is accompanied by 13 pieces of
testimony, 33 public library references,
and 6 non-public library references. The
Postal Service explains that the
circumstances under which it seeks this
advisory opinion are explained in the
Direct Testimony of David E. Williams
on behalf of the United States Postal
Service (USPS–T–1).
The modeling performed to study
potential network changes as well as
delivery, mail processing, maintenance
and transportation operational changes
that are being planned are explained in
the Direct Testimony of Stephen Masse
on behalf of the United States Postal
Service (USPS–T–2), Direct Testimony
of Emily R. Rosenberg on Behalf of the
United States Postal Service (USPS–T–
3), Direct Testimony of Frank Neri on
behalf of the United States Postal
Service (USPS–T–4), Direct Testimony
of Dominic L. Bratta on behalf of United
States Postal Service (USPS–T–5), and
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16:25 Dec 12, 2011
Jkt 226001
Direct Testimony of Cheryl D. Martin on
behalf of the United States Postal
Service (USPS–T–6).
The Direct Testimony of Pritha N.
Mehra on behalf of the United States
Postal Service (USPS–T–7) and Direct
Testimony of Kevin Rachel on behalf of
the United States Postal Service (USPS–
T–8) discuss potential commercial
mailer impacts and labor issues relating
to potential cost savings.
Detailed estimates of the operational
cost savings that could be achieved if
the changes were in effect are provided
in Direct Testimony of Marc A. Smith
on behalf of the United States Postal
Service (USPS–T–9) and Direct
Testimony of Michael D. Bradley on
behalf of the United States Postal
Service (USPS–T–10).
Based upon quantitative and
qualitative market research provided in
Direct Testimony of Rebecca ElmoreYalch on bhalf of the United States
Postal Service (USPS–T–11), the Postal
Service estimates the potential revenue
loss that could result from
implementing these service changes in
Direct Testimony of Greg Whiteman on
behalf of the United States Postal
Service (USPS–T–12).
The Postal Service asserts the service
changes described in this request
potentially affect every sender and
recipient of mail served directly by the
United States Postal Service.
Accordingly, the Direct Testimony of
Susan M. Lachance on behalf of the
United States Postal Service (USPS–T–
13) summarizes the tools and
techniques that the Postal Service has
employed and will continue to employ
for communicating effectively vital
information to customers in a timely
fashion.
The Request and all supporting public
materials are on file in the
Commission’s docket room for
inspection during regular business
hours, and are available on the
Commission’s Web site at https://
www.prc.gov.
Intervention. Section 3661(c) of title
39 requires that the Commission afford
an opportunity for a formal, on-therecord hearing of the Postal Service’s
Request under the terms specified in
sections 556 and 557 of title 5 of the
United States Code before issuing its
advisory opinion. All interested persons
are hereby notified that notices of
intervention in this proceeding shall be
due on or before December 30, 2011. See
39 CFR 3001.20 and 3001.20a. It is the
Commission’s intent to hold hearings
for the receipt of evidence in this
proceeding.
Participants are reminded that
discovery directed towards the Postal
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
Service’s direct case may begin upon
intervention. Participants are
encouraged to begin discovery as soon
as possible because the Commission
anticipates a limited discovery period in
this proceeding.
Further procedures. At this time, the
Commission cannot anticipate the
duration, or even the exact form,
proceedings on this matter will take.
The Postal Service proposes that the
Commission convene a prehearing
conference at the earliest reasonable
opportunity to consider all possible
ways to expedite and streamline this
proceeding. Id. at 13 n.15. The
Commission will accommodate this
request by scheduling a prehearing
conference for January 4, 2012, at 10
a.m. in the Commission’s hearing room.
Participants who wish to offer their
views on procedural issues, including a
procedural schedule, may do so during
the prehearing conference. At a
minimum, participants should be
prepared to discuss and justify the
length of time necessary for discovery
on the Postal Service’s direct case, and
an estimation of time necessary for
preparation of any rebuttal testimony
after the Postal Service’s direct case is
entered into the record at hearing.
Participants also are encouraged to
comment on these issues within their
notices of intervention if possible.
Shortly following the prehearing
conference, a procedural schedule will
be issued, as well as any special
procedures that may be applicable to
this proceeding. The procedural
schedule will be established consistent
with participants’ due process rights for
thorough consideration of all material
issues relevant to this docket.
Public Representative. Section 3661(c)
of title 39 requires the participation of
an ‘‘officer of the Commission who shall
be required to represent the interests of
the general public.’’ Christopher Laver
is designated to serve as Public
Representative to represent the interests
of the general public in this proceeding.
The Public Representative shall direct
the activities of Commission personnel
assigned to assist him and, at an
appropriate time, shall provide the
names of these employees for the
record. Neither the Public
Representative nor the assigned
personnel shall participate in or advise
as to any Commission decision in this
proceeding other than in their
designated capacity.
It is ordered:
1. The Commission establishes Docket
No. N2012–1 to consider the Postal
Service Request referred to in the body
of this order.
E:\FR\FM\13DEN1.SGM
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Federal Register / Vol. 76, No. 239 / Tuesday, December 13, 2011 / Notices
2. The Commission will sit en banc in
this proceeding.
3. Notices of intervention are due no
later than December 30, 2011.
4. A prehearing conference is
scheduled for January 4, 2012, at 10
a.m., in the Commission’s hearing room.
5. Pursuant to 39 U.S.C. 505 and
3661(c), the Commission appoints
Christopher Laver to represent the
interests of the general public in this
proceeding.
6. The Secretary shall arrange for
publication of this notice in the Federal
Register.
By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. 2011–31910 Filed 12–12–11; 8:45 am]
BILLING CODE 7710–FW–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–801]
Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam:
Preliminary Results of the New Shipper
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) is conducting a new
shipper review (‘‘NSR’’) of the
antidumping duty order on certain
frozen fish fillets from the Socialist
Republic of Vietnam (‘‘Vietnam’’). The
Department preliminarily determines
that Thuan An Production Trading &
Services Co., Ltd. (‘‘TAFISHCO’’) did
not sell subject merchandise at less than
normal value (‘‘NV’’). Upon completion
of the final results of this NSR, the
Department will instruct U.S. Customs
and Border Protection (‘‘CBP’’) to assess
antidumping duties on entries of subject
merchandise during the period of
review (‘‘POR’’), August 1, 2010,
through January 31, 2011, for which the
importer-specific assessment rates are
above de minimis.
DATES: Effective Date: December 13,
2011.
AGENCY:
srobinson on DSK4SPTVN1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
Emeka Chukwudebe, AD/CVD
Operations, Office 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0219.
SUPPLEMENTARY INFORMATION:
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16:25 Dec 12, 2011
Jkt 226001
Case History
On August 12, 2003, the Department
published in the Federal Register the
antidumping duty order on certain
frozen fish fillets from Vietnam.1 On
February 28, 2011, pursuant to section
751(a)(2)(B)(i) of the Tariff Act of 1930,
as amended (‘‘Act’’), the Department
received a properly filed NSR request
from TAFISHCO. On March 31, 2011,
the Department published in the
Federal Register a notice of initiation
for the NSR of certain frozen fish fillets
from Vietnam covering the period
August 1, 2010, through January 31,
2011.2 Between April 5, 2011, and
October 5, 2011, TAFISHCO filed
responses to the Department’s original
and supplemental antidumping duty
questionnaires. On June 23, 2011, the
Department extended the deadline for
parties to submit surrogate country
selection comments and surrogate value
(‘‘SV’’) data.3 On August 5, 2011, the
Department extended the deadline for
parties to file rebuttal surrogate country
and SV comments.4 Between July 22,
2011, and August 12, 2011, the
Department received surrogate country
and SV comments from interested
parties. On September 27, 2011, the
Department published a notice
extending the time period for issuing
the preliminary results of this NSR to
November 4, 2011.5 On November 11,
2011, the Department published a
second notice extending the time period
for issuing the preliminary results of
this NSR to December 5, 2011.
Period of Review
The POR is August 1, 2010, through
January 31, 2011.
1 See
Notice of Antidumping Duty Order: Certain
Frozen Fish Fillets from the Socialist Republic of
Vietnam, 68 FR 47909 (August 12, 2003).
2 See Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam: Initiation of
Antidumping Duty New Shipper Review, 76 FR
17837 (March 31, 2011).
3 See Memorandum for All Interested Parties,
through Matthew Renkey, Acting Program Manager
Import Administration, from Emeka Chukwudebe,
Case Analyst, Import Administration, Re:
Antidumping Duty New Shipper Review of Certain
Frozen Fish Fillets from the Socialist Republic of
Vietnam: Extension of Time Request to Submit
Surrogate Values and Surrogate Country Selection
Comments, dated June 23, 2011.
4 See Memorandum for All Interested Parties,
from Emeka Chukwudebe, Case Analyst, Import
Administration, Re: Antidumping Duty New
Shipper Review of Certain Frozen Fish Fillets from
the Socialist Republic of Vietnam: Extension of
Time to Submit Rebuttal Surrogate Country and
Surrogate Value Comments, dated August 5, 2011.
5 See Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Extension of Time Limit for
Preliminary Results of the New Shipper Review, 76
FR 59658 (September 27, 2011).
PO 00000
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Fmt 4703
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77485
Scope of the Order
The product covered by the order is
frozen fish fillets, including regular,
shank, and strip fillets and portions
thereof, whether or not breaded or
marinated, of the species Pangasius
Bocourti, Pangasius Hypophthalmus
(also known as Pangasius), and
Pangasius Micronemus. Frozen fish
fillets are lengthwise cuts of whole fish.
The fillet products covered by the scope
include boneless fillets with the belly
flap intact (‘‘regular’’ fillets), boneless
fillets with the belly flap removed
(‘‘shank’’ fillets), boneless shank fillets
cut into strips (‘‘fillet strips/finger’’),
which include fillets cut into strips,
chunks, blocks, skewers, or any other
shape. Specifically excluded from the
scope are frozen whole fish (whether or
not dressed), frozen steaks, and frozen
belly-flap nuggets. Frozen whole
dressed fish are deheaded, skinned, and
eviscerated. Steaks are bone-in, crosssection cuts of dressed fish. Nuggets are
the belly-flaps. The subject merchandise
will be hereinafter referred to as frozen
‘‘basa’’ and ‘‘tra’’ fillets, which are the
Vietnamese common names for these
species of fish. These products are
classifiable under tariff article codes
1604.19.4000, 1604.19.5000,
0305.59.4000, 0304.29.6033 (Frozen
Fish Fillets of the species Pangasius
including basa and tra) of the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’).6 The order
covers all frozen fish fillets meeting the
above specification, regardless of tariff
classification. Although the HTSUS
subheading is provided for convenience
and customs purposes, our written
description of the scope of the order is
dispositive.
Non-Market Economy Country Status
In every case conducted by the
Department involving Vietnam, Vietnam
has been treated as a non-market
economy (‘‘NME’’) country. In
accordance with section 771(18)(C)(i) of
the Act, any determination that a foreign
country is an NME country shall remain
in effect until revoked by the
administering authority. See Certain
Frozen Fish Fillets From the Socialist
Republic of Vietnam: Final Results of
the Antidumping Duty Administrative
Review and New Shipper Reviews, 74
FR 11349 (March 17, 2009). None of the
6 Until July 1, 2004, these products were
classifiable under tariff article codes 0304.20.60.30
(Frozen Catfish Fillets), 0304.20.60.96 (Frozen Fish
Fillets, NESOI), 0304.20.60.43 (Frozen Freshwater
Fish Fillets) and 0304.20.60.57 (Frozen Sole Fillets)
of the HTSUS. Until February 1, 2007, these
products were classifiable under tariff article code
0304.20.60.33 (Frozen Fish Fillets of the species
Pangasius including basa and tra) of the HTSUS.
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Agencies
[Federal Register Volume 76, Number 239 (Tuesday, December 13, 2011)]
[Notices]
[Pages 77483-77485]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31910]
=======================================================================
-----------------------------------------------------------------------
POSTAL REGULATORY COMMISSION
[Docket No. N2012-1; Order No. 1027]
Nationwide Change in Postal Delivery Service Standards
AGENCY: Postal Regulatory Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Commission is noticing a recently-filed Postal Service
request for an advisory opinion on an initiative involving examination
of the continuation of service at postal retail locations. This
document invites public comments on the request and addresses several
related procedural steps.
DATES: 1. Notices of intervention are due: December 30, 2011, 4:30 p.m.
Eastern Time.
2. Prehearing conference: January 4, 2012, at 10 a.m. (Commission
hearing room, 901 New York Ave., NW 20268-0001, Suite 200).
ADDRESSES: Submit notices of intervention electronically by accessing
the ``Filing Online'' link in the banner at the top of the Commission's
Web site (https://www.prc.gov) or by directly accessing the Commission's
Filing Online system at https://www.prc.gov/prc-pages/filing-online/login.aspx. Persons interested in intervening who cannot submit their
views electronically should contact the person identified in the FOR
FURTHER INFORMATION CONTACT section as the source for case-related
information for advice on alternatives to electronic filing.
FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel,
at (202) 789-6820 (case-related information) or DocketAdmins@prc.gov
(electronic filing assistance).
SUPPLEMENTARY INFORMATION: On December 5, 2011, the United States
Postal Service (Postal Service) filed a request with the Postal
Regulatory Commission (Commission) for the Commission to issue an
advisory opinion under 39 U.S.C. 3661(c) regarding whether certain
changes in the nature of postal services conform to the applicable
polices of title 39.\1\
---------------------------------------------------------------------------
\1\ Request of the United States Postal Service for an Advisory
Opinion on Changes in the Nature of Postal Services, December 5,
2011 (Request).
---------------------------------------------------------------------------
The Postal Service proposes to revise service standards for First-
Class Mail,
[[Page 77484]]
Periodicals, Package Services, and Standard Mail. The most significant
revisions would eliminate the expectation of overnight service for
significant portions of First-Class Mail and Periodicals. Within First-
Class Mail, 3-digit origin-destination pair service standards would be
modified to move overnight delivery to 2-day delivery, and to move a
portion of 2-day delivery to 3-day delivery. Id. at 1. Although changes
to service standards for competitive products such as Express Mail and
Priority Mail are not being proposed, the realignment of 3-digit
origin-destination pairs could also affect those products. Id. at 7.
The Postal Service asserts the service standard changes would allow
for a significant consolidation of the Postal Service's processing and
transportation networks. It contends the consolidated networks would
better match current and projected mail volumes and result in
substantial cost savings. Id. at 1-2. The Postal Service projects this
effort will result in costs savings of $2.1 billion annually. Id. at 4.
Concurrent with this request for an advisory opinion, the Postal
Service is separately pursuing modification of the market dominant
product service standards appearing at 39 CFR parts 121 and 122. Id. at
6. The Postal Service asserts that no changes to service standards will
be implemented until completion of the independent rulemaking
anticipated for completion in March 2012. Id. at 14. Thus, the Postal
Service realistically anticipates there will be no changes to service
standards associated with the request for an advisory opinion until the
first half of April 2012, at the earliest. Id.
The Postal Service's direct case. The Request is accompanied by 13
pieces of testimony, 33 public library references, and 6 non-public
library references. The Postal Service explains that the circumstances
under which it seeks this advisory opinion are explained in the Direct
Testimony of David E. Williams on behalf of the United States Postal
Service (USPS-T-1).
The modeling performed to study potential network changes as well
as delivery, mail processing, maintenance and transportation
operational changes that are being planned are explained in the Direct
Testimony of Stephen Masse on behalf of the United States Postal
Service (USPS-T-2), Direct Testimony of Emily R. Rosenberg on Behalf of
the United States Postal Service (USPS-T-3), Direct Testimony of Frank
Neri on behalf of the United States Postal Service (USPS-T-4), Direct
Testimony of Dominic L. Bratta on behalf of United States Postal
Service (USPS-T-5), and Direct Testimony of Cheryl D. Martin on behalf
of the United States Postal Service (USPS-T-6).
The Direct Testimony of Pritha N. Mehra on behalf of the United
States Postal Service (USPS-T-7) and Direct Testimony of Kevin Rachel
on behalf of the United States Postal Service (USPS-T-8) discuss
potential commercial mailer impacts and labor issues relating to
potential cost savings.
Detailed estimates of the operational cost savings that could be
achieved if the changes were in effect are provided in Direct Testimony
of Marc A. Smith on behalf of the United States Postal Service (USPS-T-
9) and Direct Testimony of Michael D. Bradley on behalf of the United
States Postal Service (USPS-T-10).
Based upon quantitative and qualitative market research provided in
Direct Testimony of Rebecca Elmore-Yalch on bhalf of the United States
Postal Service (USPS-T-11), the Postal Service estimates the potential
revenue loss that could result from implementing these service changes
in Direct Testimony of Greg Whiteman on behalf of the United States
Postal Service (USPS-T-12).
The Postal Service asserts the service changes described in this
request potentially affect every sender and recipient of mail served
directly by the United States Postal Service. Accordingly, the Direct
Testimony of Susan M. Lachance on behalf of the United States Postal
Service (USPS-T-13) summarizes the tools and techniques that the Postal
Service has employed and will continue to employ for communicating
effectively vital information to customers in a timely fashion.
The Request and all supporting public materials are on file in the
Commission's docket room for inspection during regular business hours,
and are available on the Commission's Web site at https://www.prc.gov.
Intervention. Section 3661(c) of title 39 requires that the
Commission afford an opportunity for a formal, on-the-record hearing of
the Postal Service's Request under the terms specified in sections 556
and 557 of title 5 of the United States Code before issuing its
advisory opinion. All interested persons are hereby notified that
notices of intervention in this proceeding shall be due on or before
December 30, 2011. See 39 CFR 3001.20 and 3001.20a. It is the
Commission's intent to hold hearings for the receipt of evidence in
this proceeding.
Participants are reminded that discovery directed towards the
Postal Service's direct case may begin upon intervention. Participants
are encouraged to begin discovery as soon as possible because the
Commission anticipates a limited discovery period in this proceeding.
Further procedures. At this time, the Commission cannot anticipate
the duration, or even the exact form, proceedings on this matter will
take. The Postal Service proposes that the Commission convene a
prehearing conference at the earliest reasonable opportunity to
consider all possible ways to expedite and streamline this proceeding.
Id. at 13 n.15. The Commission will accommodate this request by
scheduling a prehearing conference for January 4, 2012, at 10 a.m. in
the Commission's hearing room.
Participants who wish to offer their views on procedural issues,
including a procedural schedule, may do so during the prehearing
conference. At a minimum, participants should be prepared to discuss
and justify the length of time necessary for discovery on the Postal
Service's direct case, and an estimation of time necessary for
preparation of any rebuttal testimony after the Postal Service's direct
case is entered into the record at hearing. Participants also are
encouraged to comment on these issues within their notices of
intervention if possible.
Shortly following the prehearing conference, a procedural schedule
will be issued, as well as any special procedures that may be
applicable to this proceeding. The procedural schedule will be
established consistent with participants' due process rights for
thorough consideration of all material issues relevant to this docket.
Public Representative. Section 3661(c) of title 39 requires the
participation of an ``officer of the Commission who shall be required
to represent the interests of the general public.'' Christopher Laver
is designated to serve as Public Representative to represent the
interests of the general public in this proceeding. The Public
Representative shall direct the activities of Commission personnel
assigned to assist him and, at an appropriate time, shall provide the
names of these employees for the record. Neither the Public
Representative nor the assigned personnel shall participate in or
advise as to any Commission decision in this proceeding other than in
their designated capacity.
It is ordered:
1. The Commission establishes Docket No. N2012-1 to consider the
Postal Service Request referred to in the body of this order.
[[Page 77485]]
2. The Commission will sit en banc in this proceeding.
3. Notices of intervention are due no later than December 30, 2011.
4. A prehearing conference is scheduled for January 4, 2012, at 10
a.m., in the Commission's hearing room.
5. Pursuant to 39 U.S.C. 505 and 3661(c), the Commission appoints
Christopher Laver to represent the interests of the general public in
this proceeding.
6. The Secretary shall arrange for publication of this notice in
the Federal Register.
By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. 2011-31910 Filed 12-12-11; 8:45 am]
BILLING CODE 7710-FW-P