Rules of Procedure Before the Judicial Officer, 40191-40195 [2016-14553]
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Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Rules and Regulations
POSTAL SERVICE
39 CFR Parts 952, 953, 954, 955, 958,
959, 962, 963, 964, 965
Rules of Procedure Before the Judicial
Officer
Postal Service.
Final rule.
AGENCY:
ACTION:
This document amends the
rules of practice prescribed by the
Judicial Officer to implement an
electronic filing system and to clarify
the assigning judge in matters governed
by the Administrative Procedure Act.
DATES: Effective date: July 21, 2016.
FOR FURTHER INFORMATION CONTACT:
Diane Mego, (703) 812–1900, Postal
Service Judicial Officer Department,
2101 Wilson Boulevard, Suite 600,
Arlington, VA 22201–3078.
SUPPLEMENTARY INFORMATION:
SUMMARY:
A. Background
Changes to the rules of practice are
necessary to accommodate the Judicial
Officer Department’s electronic filing
system and establish rules relative to
that system; for the Chief
Administrative Law Judge to assign the
presiding judge in cases governed by the
Administrative Procedure Act, 5 U.S.C.
551, et seq.; and to delete the automatic
scheduling of a hearing upon receipt of
a mailability appeal. Changes to the
authority citations are necessary to
identify the authority for adjudicating
each type of case, as well as the Chief
Administrative Law Judge’s authority
for adjudicating them under the
Administrative Procedure Act.
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B. Explanation of Changes
Amendments to 39 CFR Part 952
The authority citation is revised to
identify the authority for adjudicating
this type of case, as well as the Chief
Administrative Law Judge’s authority
for adjudicating it under the
Administrative Procedure Act.
In § 952.4, the heading is revised to
Office business hours; electronic filing,
and the text is amended as follows:
• The existing paragraph is
designated paragraph (a), and is
amended to clarify the office hours.
• Paragraph (b) is added to identify
the Internet address for the electronic
filing system.
In § 952.9, the heading is revised to
Filing; docketing and serving
documents, and the text is amended as
follows:
• Paragraph (a) is amended to
indicate that electronic filing is required
and when documents submitted by
parties are considered received.
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• Paragraph (b) is amended to include
electronic filing and when service of
documents on the opposing party is
required.
• Paragraphs (c) and (d) are deleted.
Amendments to 39 CFR Part 953
The authority citation is revised to
identify the authority for adjudicating
this type of case, as well as the Chief
Administrative Law Judge’s authority
for adjudicating it under the
Administrative Procedure Act.
In § 953.2, concerning initiation, the
text is amended to identify the Internet
address for the electronic filing system.
In § 953.4, the heading is revised to
Filing, docketing and serving
documents; service of notice; reply;
motion for summary judgment. The text
of § 953.4 is amended to indicate that
electronic filing is required, delete the
automatic scheduling of a hearing,
indicate when documents submitted by
the parties are considered received,
provide for service on appellant by the
Postal Service, and indicate when
service of documents on the opposing
party is required for purposes of the
electronic filing system.
In § 953.10, concerning presiding
officers, the text is amended to have the
Chief Administrative Law Judge assign
cases.
Amendments to 39 CFR Part 954
The authority citation is revised to
identify the authority for adjudicating
this type of case, as well as the Chief
Administrative Law Judge’s authority
for adjudicating it under the
Administrative Procedure Act.
In § 954.4, the heading is revised to
Office business hours; electronic filing
and the text is amended as follows:
• The existing paragraph is
designated paragraph (a) and is
amended to clarify the office hours.
• Paragraph (b) is added to identify
the Internet address for the electronic
filing system.
In § 954.8, concerning pleading,
paragraph (a) is amended to indicate
electronic filing is required, when
documents submitted by parties are
considered received, and to indicate
when service of documents on the
opposing party is required for purposes
of the electronic filing system.
Amendments to 39 CFR Part 955
In § 955.1, concerning jurisdiction,
procedure, and service of documents in
proceedings before the Board, paragraph
(b)(1) is amended to update the Internet
address for the electronic filing system.
Amendments to 39 CFR Part 958
The authority citation is revised to
identify the Chief Administrative Law
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40191
Judge’s authority for adjudicating this
type of case under the Administrative
Procedure Act.
In § 958.2, concerning definitions,
paragraph (g) is amended to have the
Chief Administrative Law Judge assign
cases.
In § 958.19, concerning form and
filing of documents, paragraph (b) is
amended to indicate electronic filing is
required, identify the Internet address
for the electronic filing system, and
indicate when documents submitted by
the parties are considered received.
In § 958.20, the heading is revised to
Service, and the text is revised to
indicate when service of documents on
the opposing party is required for
purposes of the electronic filing system.
Amendments to 39 CFR Part 959
The authority citation is revised to
identify the authority for adjudicating
this type of case, as well as the Chief
Administrative Law Judge’s authority
for adjudicating it under the
Administrative Procedure Act.
In § 959.3, the heading is revised to
Office address and business hours;
electronic filing. The text is revised to
clarify the office hours and new
paragraph (b) is added to identify the
Internet address for the electronic filing
system.
In § 959.9, concerning filing
documents for the record, the following
paragraphs are amended:
• Paragraph (a) is amended to require
electronic filing and indicate when
service of documents on the opposing
party is required for purposes of the
electronic filing system.
• Paragraph (b) is deleted.
• Paragraph (c) is redesignated as
paragraph (b) and revised to include
when documents submitted by the
parties are considered received.
Amendments to 39 CFR Part 962
The authority citation is revised to
identify the Chief Administrative Law
Judge’s authority for adjudicating this
case type under the Administrative
Procedure Act.
In § 962.2, concerning definitions,
paragraph (i) is amended to have the
Chief Administrative Law Judge assign
cases.
In § 962.22, concerning form and
filing of documents:
• Paragraph (a) is amended to require
electronic filing and identify the
Internet address for the electronic filing
system.
• Paragraph (b) is amended to
indicate when documents submitted by
the parties are considered received.
In § 962.23, the heading is revised to
Service, and the text is revised to
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indicate when service of documents on
the opposing party is required for
purposes of the electronic filing system.
Amendments to 39 CFR Part 963
In § 963.3, the heading is revised to
Petition; notice of hearing; answer; filing
of documents; summary judgment, and
the text is revised as follows:
• The last sentence of paragraph (a) is
amended to identify the Internet address
for the electronic filing system.
• Paragraph (d) is amended to
indicate that electronic filing is
required, when documents submitted by
parties are considered received, and
when service of documents on the
opposing party is required for purposes
of the electronic filing system.
Amendments to 39 CFR Part 964
The authority citation is revised to
identify the Chief Administrative Law
Judge’s authority for adjudicating this
type of case under the Administrative
Procedure Act.
In § 964.3, the heading is revised to
Customer petitions, notice of hearing;
answer; summary judgment; filing and
service, and the text is revised as
follows:
• Paragraph (a) is amended to
indicate that electronic filing is required
and identify the Internet address for the
electronic filing system
• Paragraph (e), Filing and service, is
added to indicate that electronic filing
is required, when documents submitted
by parties are considered received, and
when service of documents on the
opposing party is required for purposes
of the electronic filing system.
In § 964.7, concerning presiding
officers, the text is amended to have the
Chief Administrative Law Judge assign
cases.
Amendments to 39 CFR Part 965
In § 965.5, concerning initial
submissions by parties, the text is
revised to indicate that electronic filing
is required, and to identify the Internet
address for the electronic filing system.
List of Subjects
39 CFR Part 952
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Administrative practice and
procedure, Fraud, Lotteries, Postal
Service.
Administrative practice and
procedure, Mailability, Postal Service.
39 CFR Part 954
Administrative practice and
procedure, Periodicals, Postal Service.
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Administrative practice and
procedure, government contracts, Postal
Service.
39 CFR Part 958
Administrative practice and
procedure, Postal Service.
39 CFR Part 959
Administrative practice and
procedure, Privacy, Postal Service.
39 CFR Part 962
Administrative practice and
procedure, Fraud, Postal Service.
39 CFR Part 963
Administrative practice and
procedure, Advertising, Postal Service.
39 CFR Part 964
Administrative practice and
procedure, Fictitious names or
addresses, Fraud, Postal Service.
39 CFR Part 965
Administrative practice and
procedure, Mail Disputes, Postal
Service.
Accordingly, for the reasons stated,
the Postal Service amends 39 CFR parts
952, 953, 954, 955, 958, 959, 962, 963,
964, and 965 as follows:
PART 952—RULES OF PRACTICE IN
PROCEEDINGS RELATIVE TO FALSE
REPRESENTATION AND LOTTERY
ORDERS
1. Revise the authority citation for 39
CFR Part 952 to read as follows:
■
Authority: 39 U.S.C. 204, 401, 3001, 3005,
3012, 3016; 5 U.S.C. 554.
■
2. Revise § 952.4 to read as follows:
§ 952.4
filing.
Office business hours; electronic
(a) The offices of the officials
identified in these rules are located at
2101 Wilson Boulevard, Suite 600,
Arlington, VA 22201–3078. Normal
business hours are between 8:45 a.m.
and 4:45 p.m. (Eastern Time), Monday
through Friday except holidays.
(b) The Judicial Officer electronic
filing system Web site is accessible 24
hours a day at https://
uspsjoe.justware.com/justiceweb.
■ 3. Revise § 952.9 to read as follows:
§ 952.9 Filing; docketing and serving
documents.
39 CFR Part 953
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(a) Unless the presiding officer
permits otherwise, all documents must
be filed using the electronic filing
system. Documents submitted using the
electronic filing system are considered
filed as of the date/time (Eastern Time)
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reflected in the system. Documents
mailed to the Recorder are considered
filed on the date mailed as evidenced by
a United States Postal Service postmark.
Filings by any other means are
considered filed upon receipt by the
Recorder of a complete copy of the filing
during normal business hours.
Discovery need not be filed except as
may be sought to be included in the
record, or as may be ordered by the
presiding officer.
(b) Documents shall be dated and
state the docket number and title of the
proceeding. Any pleading or other
document required by order of the
presiding officer to be filed by a
specified date must be received in the
electronic filing system or by the
Recorder on or before such date. If both
parties are participating in the
electronic filing system, separate service
upon the opposing party is not required.
Otherwise, documents shall be served
personally or by mail on the opposing
party, noting on the document filed, or
on the transmitting letter, that a copy
has been so furnished.
PART 953—RULES OF PRACTICE IN
PROCEEDINGS RELATIVE TO
MAILABILITY
4. Revise the authority citation for 39
CFR Part 953 to read as follows:
■
Authority: 39 U.S.C. 204, 401, 3001; 5
U.S.C. 554.
■
5. Revise § 953.2 to read as follows:
§ 953.2
Initiation.
Mailability proceedings are initiated
upon the filing of an appeal in the
Judicial Officer electronic filing system
at https://uspsjoe.justware.com/
justiceweb or with the Recorder, Judicial
Officer Department, U.S. Postal Service,
2101 Wilson Boulevard, Suite 600,
Arlington, VA 22201–3078.
■ 6. Revise § 953.4 to read as follows:
§ 953.4 Filing, docketing and serving
documents; service of notice; reply; motion
for summary judgment.
(a) Filing. Unless the presiding officer
permits otherwise, all documents must
be filed using the electronic filing
system. Documents submitted using the
electronic filing system are considered
filed as of the date/time (Eastern Time)
reflected in the system. Documents
mailed to the Recorder are considered
filed on the date mailed as evidenced by
a United States Postal Service postmark.
Filings by any other means are
considered filed upon receipt by the
Recorder of a complete copy of the filing
during normal business hours. Normal
business hours are between 8:45 a.m.
and 4:45 p.m. (Eastern Time), Monday
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through Friday except holidays. If both
parties are participating in the
electronic filing system, separate service
upon the opposing party is not required.
Otherwise, documents shall be served
personally or by mail on the opposing
party, noting on the document filed, or
on the transmitting letter, that a copy
has been so furnished.
(b) Service of notice. (1) Upon
receiving the appeal, the Recorder shall
issue a notice specifying that the Postal
Service General Counsel’s or Chief
Postal Inspector or his or her designee’s
reply shall be filed within 15 days of
receipt of the notice.
(2) The Recorder shall promptly serve
this notice on the parties as follows:
(i) The notice, with a copy of the
appeal, shall be sent to the General
Counsel or the Chief Postal Inspector or
his or her designee.
(ii) When the appellant’s address is
within the United States, the notice,
with a copy of the appeal, shall be sent
to the postmaster at the office that
delivers mail to the appellant’s address.
The postmaster shall be instructed that,
acting personally or through a
supervisory employee or a postal
inspector, he or she is to serve these
documents on the appellant. If the
appellant cannot be found within 3
days, the postmaster shall send these
documents to the appellant by ordinary
mail and forward a statement to the
Recorder that is signed by the delivering
employee and that specifies the time
and place of delivery.
(iii) When the appellant’s address is
outside the United States, the notice,
with a copy of the appeal, shall be sent
to the appellant by registered mail,
return receipt requested. A written
statement by the Recorder, noting the
time and place of mailing, shall be
accepted as proof of service in the event
a signed and dated return receipt is not
received.
(c) Reply. The General Counsel, the
Chief Postal Inspector, or that officer’s
designee shall file a reply within the
aforementioned 15-day period or any
period granted by the presiding officer
for good cause shown. If the reply so
filed fails to address any additional
allegation in the appeal, that allegation
shall be deemed admitted.
(d) Motion for summary judgment.
Upon motion of the General Counsel,
the Chief Postal Inspector, that officer’s
designee, or the appellant, or on the
presiding officer’s own initiative, the
presiding officer may find that the
appeal and answer present no genuine
and material issues of fact requiring an
evidentiary hearing, and thereupon may
render an initial decision upholding or
reversing the determination or ruling.
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The initial decision shall become the
final Agency decision if a timely appeal
is not taken.
■ 7. Revise § 953.10 to read as follows:
§ 953.10
Presiding Officers.
The presiding officer at any hearing
shall be an Administrative Law Judge
qualified in accordance with law or the
Judicial Officer (39 U.S.C. 204). The
Chief Administrative Law Judge shall
assign cases. The Judicial Officer may
preside at the hearing if an
Administrative Law Judge is
unavailable.
PART 954—RULES OF PRACTICE IN
PROCEEDINGS RELATIVE TO THE
DENIAL, SUSPENSION, OR
REVOCATON OF PERIODICALS MAIL
PRIVILEGES
8. Revise the authority citation for 39
CFR part 954 to read as follows:
■
Authority: 39 U.S.C. 204, 401, 3685; 5
U.S.C. 554.
■
9. Revise § 954.4 to read as follows:
§ 954.4
filing.
Office business hours; electronic
(a) The offices of the officials
identified in these rules are located at
2101 Wilson Boulevard, Suite 600,
Arlington, VA 22201–3078. Normal
Business hours are between 8:45 a.m.
and 4:45 p.m. (Eastern Time), Monday
through Friday except holidays.
(b) The Judicial Officer electronic
filing system Web site is accessible 24
hours a day at https://
uspsjoe.justware.com/justiceweb.
■ 10. In § 954.8, paragraph (a) is revised
to read as follows:
§ 954.8
Pleading.
(a) Filing and service. All documents
required under this part must be filed
using the electronic filing system unless
the presiding officer permits otherwise.
Documents submitted using the
electronic filing system are considered
filed as of the date/time (Eastern Time)
reflected in the system. Documents
mailed to the Recorder are considered
filed on the date mailed as evidenced by
a United States Postal Service postmark.
Filings by any other means are
considered filed upon receipt by the
Recorder of a complete copy of the filing
during normal business hours. If both
parties are participating in the
electronic filing system, separate service
upon the opposing party is not required.
Otherwise, documents shall be served
personally or by mail on the opposing
party, noting on the document filed, or
on the transmitting letter, that a copy
has been so furnished. The Recorder
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40193
shall maintain a docket and the files in
all proceedings.
*
*
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*
*
PART 955—RULES OF PRACTICE
BEFORE THE POSTAL SERVICE
BOARD OF CONTRACT APPEALS
11. The authority citation for 39 CFR
part 955 continues to read as follows:
■
Authority: 39 U.S.C. 204, 401; 41 U.S.C.
7101–7109.
12. In § 955.1, revise the final sentence
of paragraph (b)(1) to read as follows:
■
§ 955.1 Jurisdiction, procedure, service of
documents.
*
*
*
*
*
(b) * * *
(1) * * * The Web site for electronic
filing is https://uspsjoe.justware.com/
justiceweb.
*
*
*
*
*
PART 958—RULES OF PRACTICE IN
PROCEEDINGS RELATIVE TO CIVIL
PENALTIES, CLEAN-UP COSTS AND
DAMAGES FOR VIOLATION OF
HAZARDOUS MATERIAL
REGULATIONS
13. Revise the authority citation for 39
CFR part 958 to read as follows:
■
Authority: 39 U.S.C. 204, 401, 3001, 3018;
5 U.S.C. 554.
14. In § 958.2, revise paragraph (g) to
read as follows:
■
§ 958.2
Definitions.
*
*
*
*
*
(g) Presiding Officer refers to an
Administrative Law Judge designated by
the Chief Administrative Law Judge to
conduct a hearing, or to the Judicial
Officer, if an Administrative Law Judge
is not available.
*
*
*
*
*
■ 15. In § 958.19, revise paragraph (b) to
read as follows:
§ 958.19
Form and Filing of documents.
*
*
*
*
*
(b) All pleadings and documents
required under this part must be filed
using the Judicial Officer electronic
filing system unless the presiding officer
permits otherwise. The Judicial Officer
electronic filing system Web site is
accessible 24 hours a day at https://
uspsjoe.justware.com/justiceweb.
Documents submitted using the
electronic filing system are considered
filed as of the date/time (Eastern Time)
reflected in the system. Documents
mailed to the Recorder are considered
filed on the date mailed as evidenced by
a United States Postal Service postmark.
Filings by any other means are
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considered filed upon receipt by the
Recorder of a complete copy of the filing
during normal business hours. Normal
business hours are between 8:45 a.m.
and 4:45 p.m. (Eastern Time), Monday
through Friday except holidays.
*
*
*
*
*
■ 16. Revise § 958.20 to read as follows:
considered filed upon receipt by the
Recorder of a complete copy of the filing
during normal business hours.
§ 958.20
■
Service.
If both parties are participating in the
electronic filing system, separate service
upon the opposing party is not required.
Otherwise, documents shall be served
personally or by mail on the opposing
party, noting on the document filed, or
on the transmitting letter, that a copy
has been so furnished.
PART 959—RULES OF PRACTICE IN
PROCEEDINGS RELATIVE TO THE
PRIVATE EXPRESS STATUTES
17. Revise the authority citation for 39
CFR part 959 to read as follows:
■
Authority: 39 U.S.C. 204, 401; 601–606; 18
U.S.C. 1693–1699; 5 U.S.C. 554; 39 CFR 310,
320.
■
18. Revise § 959.3 to read as follows:
(a) The offices of the officials
identified in these rules are located at
2101 Wilson Boulevard, Suite 600,
Arlington, VA 22201–3078. Normal
Business hours are between 8:45 a.m.
and 4:45 p.m. (Eastern Time), Monday
through Friday except holidays.
(b) The Judicial Officer electronic
filing system Web site is accessible 24
hours a day at https://
uspsjoe.justware.com/justiceweb.
■ 19. Revise § 959.9 to read as follows:
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Filing documents for the record.
(a) All documents required under this
part must be filed using the electronic
filing system unless the presiding officer
permits otherwise. If both parties are
participating in the electronic filing
system, separate service upon the
opposing party is not required.
Otherwise, documents shall be served
personally or by mail on the opposing
party, noting on the document filed, or
on the transmitting letter, that a copy
has been so furnished.
(b) Documents shall be dated and
state the title of the proceeding and,
except initial petitions, the docket
number. Documents submitted using the
electronic filing system are considered
filed as of the date/time (Eastern Time)
reflected in the system. Documents
mailed to the Recorder are considered
filed on the date mailed as evidenced by
a United States Postal Service postmark.
Filings by any other means are
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20. Revise the authority citation for 39
CFR part 962 to read as follows:
Authority: 31 U.S.C. 3801–12; 39 U.S.C.
401; 5 U.S.C. 554.
21. In § 962.2, revise paragraph (i) to
read as follows:
24. The authority citation for 39 CFR
part 963 continues to read as follows:
■
Authority: 39 U.S.C. 204, 401, 3008.
25. In § 963.3, the final sentence of
paragraph (a) is revised and paragraph
(d) is revised to read as follows:
■
■
§ 962.2
Definitions.
*
*
*
*
*
(i) Presiding Officer refers to an
Administrative Law Judge designated by
the Chief Administrative Law Judge to
conduct a hearing authorized by 31
U.S.C. 3803.
*
*
*
*
*
22. In § 962.22, revise the introductory
text of paragraph (a) and revise
paragraph (b) to read as follows:
■
§ 962.22
§ 959.3 Office address and business
hours; electronic filing
§ 959.9
PART 962—RULES OF PRACTICE IN
PROCEEDINGS RELATIVE TO THE
PROGRAM FRAUD CIVIL REMEDIES
ACT
PART 963—RULES OF PRACTICE IN
PROCEEDINGS RELATIVE TO
VIOLATIONS OF THE PANDERING
ADVERTISEMENTS STATUTE, 39
U.S.C. 3008
Form and filing of documents.
(a) All pleadings and documents
required under this part must be filed
using the Judicial Officer electronic
filing system unless the presiding officer
permits otherwise. The Judicial Officer
electronic filing system Web site is
accessible 24 hours a day at https://
uspsjoe.justware.com/justiceweb. Every
pleading filed in a proceeding under
this part must:
*
*
*
*
*
(b) Documents submitted using the
electronic filing system are considered
filed as of the date/time (Eastern Time)
reflected in the system. Documents
mailed to the Recorder are considered
filed on the date mailed as evidenced by
a United States Postal Service postmark.
Filings by any other means are
considered filed upon receipt by the
Recorder of a complete copy of the filing
during normal business hours. Normal
business hours are between 8:45 a.m.
and 4:45 p.m. (Eastern Time), Monday
through Friday except holidays.
*
*
*
*
*
■
23. Revise § 962.23 to read as follows:
§ 962.23
(a) * * * The Manager will forward
each timely petition to the Recorder
through the Judicial Officer Department
electronic filing system at https://
uspsjoe.justware.com/justiceweb.
*
*
*
*
*
(d) Filing. All documents required
under this part must be filed using the
electronic filing system (https://
uspsjoe.justware.com/justiceweb) unless
the presiding officer permits otherwise.
Documents submitted using the
electronic filing system are considered
filed as of the date/time (Eastern Time)
reflected in the system. Documents
mailed to the Recorder are considered
filed on the date mailed as evidenced by
a United States Postal Service postmark.
Filings by any other means are
considered filed upon receipt by the
Recorder of a complete copy of the filing
during normal business hours. Normal
business hours are between 8:45 a.m.
and 4:45 p.m. (Eastern Time), Monday
through Friday except holidays. If both
parties are participating in the
electronic filing system, separate service
upon the opposing party is not required.
Otherwise, documents shall be served
personally or by mail on the opposing
party, noting on the document filed, or
on the transmitting letter, that a copy
has been so furnished. The Recorder
shall maintain a docket and the files in
all proceedings.
*
*
*
*
*
PART 964—RULES OF PRACTICE
GOVERNING DISPOSITION OF MAIL
WITHHELD FROM DELIVERY
PURSUANT TO 39 U.S.C. 3003, 3004
Service.
If both parties are participating in the
electronic filing system, separate service
upon the opposing party is not required.
Otherwise, documents shall be served
personally or by mail on the opposing
party, noting on the document filed, or
on the transmitting letter, that a copy
has been so furnished.
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§ 963.3 Petition; notice of hearing; answer;
filing; summary judgment.
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26. Revise the authority citation for 39
CFR part 964 to read as follows:
■
Authority: 39 U.S.C. 204, 401, 3003, 3004;
5 U.S.C. 554.
27. In § 964.3, revise the second and
third sentences of paragraph (a), and
add paragraph (e) to read as follows:
■
E:\FR\FM\21JNR1.SGM
21JNR1
Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Rules and Regulations
§ 964.3 Customer petitions; notice of
hearing; answer; summary judgment; filing
and service.
(a) Petition. * * * The Petition,
signed by the Petitioner or his or her
attorney, shall be filed via the Judicial
Officer Electronic filing system at
https://uspsjoe.justware.com/justiceweb
or via certified mail to the Recorder,
Judicial Officer Department, United
States Postal Service, 2101 Wilson
Boulevard, Suite 600, Arlington, VA
22201–3078. The Petition must be filed
within 14 days of the date upon which
the Petitioner received the notice. * * *
*
*
*
*
*
(e) Filing and service. All documents
required under this part must be filed
using the electronic filing system unless
the presiding officer permits otherwise.
Documents submitted using the
electronic filing system are considered
filed as of the date/time (Eastern Time)
reflected in the system. Documents
mailed to the Recorder are considered
filed on the date mailed as evidenced by
a United States Postal Service postmark.
Filings by any other means are
considered filed upon receipt by the
Recorder of a complete copy of the filing
during normal business hours. Normal
business hours are between 8:45 a.m.
and 4:45 p.m. (Eastern Time), Monday
through Friday except holidays. If both
parties are participating in the
electronic filing system, separate service
upon the opposing party is not required.
Otherwise, documents shall be served
personally or by mail on the opposing
party, noting on the document filed, or
on the transmitting letter, that a copy
has been so furnished.
28. In § 964.7, revise paragraph (a) to
read as follows:
■
§ 964.7
Presiding officers.
(a) The presiding officer shall be an
Administrative Law Judge qualified in
accordance with law or the Judicial
Officer. The Chief Administrative Law
Judge shall assign cases. The Judicial
Officer may preside at the hearing if an
Administrative Law Judge is
unavailable.
*
*
*
*
*
PART 965—RULES OF PRACTICE IN
PROCEEDINGS RELATIVE TO MAIL
DISPUTES
29. The authority citation for 39 CFR
part 965 continues to read as follows:
■
Authority: 39 U.S.C. 204, 401.
■
30. Revise § 965.5 to read as follows:
§ 965.5
Initial submissions by parties.
Within 15 days after receipt of the
Recorder’s notice, each party shall file
via the Judicial Officer electronic filing
system (https://uspsjoe.justware.com/
justiceweb) a sworn statement of the
facts supporting its claim to receipt of
the mail together with a copy of each
document on which it relies in making
such claim, and any arguments
supporting its claim. Unless the
presiding officer otherwise permits, all
documents relative to this proceeding
must be filed using the electronic filing
system.
Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2016–14553 Filed 6–20–16; 8:45 am]
BILLING CODE 7710–12–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 150903814–5999–02]
RIN 0648–XE679
Fisheries of the Northeastern United
States; Summer Flounder Fishery;
Quota Transfer
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; quota transfer.
AGENCY:
NMFS announces that the
State of North Carolina is transferring a
portion of its 2016 commercial summer
flounder quota to the Commonwealth of
Virginia. These quota adjustments are
necessary to comply with the Summer
SUMMARY:
40195
Flounder, Scup and Black Sea Bass
Fishery Management Plan quota transfer
provision. This announcement informs
the public of the revised commercial
quotas for Virginia and North Carolina.
DATES: Effective June 20, 2016, through
December 31, 2016.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Scheimer, Fishery
Management Specialist, (978) 281–9236.
SUPPLEMENTARY INFORMATION:
Regulations governing the summer
flounder fishery are found in 50 CFR
648.100 through 648.110. The
regulations require annual specification
of a commercial quota that is
apportioned among the coastal states
from Maine through North Carolina. The
process to set the annual commercial
quota and the percent allocated to each
state are described in § 648.102.
The final rule implementing
Amendment 5 to the Summer Flounder
Fishery Management Plan, as published
in the Federal Register on December 17,
1993 (58 FR 65936), provided a
mechanism for transferring summer
flounder commercial quota from one
state to another. Two or more states,
under mutual agreement and with the
concurrence of the NMFS Greater
Atlantic Regional Administrator, can
transfer or combine summer flounder
commercial quota under § 648.102(c)(2).
The Regional Administrator is required
to consider the criteria in
§ 648.102(c)(2)(i)(A) through (C) in the
evaluation of requests for quota transfers
or combinations.
North Carolina is transferring 3,732 lb
(1,693 kg) of summer flounder
commercial quota to Virginia. This
transfer was requested by North
Carolina to repay landings by a North
Carolina-permitted vessel that landed in
Virginia under a safe harbor agreement.
The revised summer flounder quotas
for calendar year 2016 are now:
Virginia, 1,759,561 lb (798,123 kg); and
North Carolina, 2,143,714 lb (972,372
kg) based on the initial quotas published
in the 2016–2018 Summer Flounder,
Scup and Black Sea Bass Specifications
and previous 2016 quota transfers as
referenced in Table 1.
TABLE 1—2016 SUMMER FLOUNDER QUOTA TRANSFERS
rmajette on DSK2TPTVN1PROD with RULES
2016 Specifications Initial
Quota
Quota Transfer ..................
Federal Register ................
Effective Date ....................
Publication Date ................
VerDate Sep<11>2014
Transfer No. 1
Transfer No. 2
...........................................
80 FR 80689 .....................
January 1, 2016 ................
December 28, 2015 ..........
NC to MA, RI, NJ, and VA
81 FR 12030 .....................
March 7, 2016 ...................
March 8, 2016 ...................
NC to NJ and MA .............
81 FR 22032 .....................
April 13, 2016 ....................
April 14, 2016 ....................
14:40 Jun 20, 2016
Jkt 238001
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
E:\FR\FM\21JNR1.SGM
21JNR1
Transfer No. 3
VA to MA.
81 FR 24714.
April 26, 2016.
April 27, 2016.
]]>Agencies
[Federal Register Volume 81, Number 119 (Tuesday, June 21, 2016)]
[Rules and Regulations]
[Pages 40191-40195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14553]
[[Page 40191]]
=======================================================================
-----------------------------------------------------------------------
POSTAL SERVICE
39 CFR Parts 952, 953, 954, 955, 958, 959, 962, 963, 964, 965
Rules of Procedure Before the Judicial Officer
AGENCY: Postal Service.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends the rules of practice prescribed by the
Judicial Officer to implement an electronic filing system and to
clarify the assigning judge in matters governed by the Administrative
Procedure Act.
DATES: Effective date: July 21, 2016.
FOR FURTHER INFORMATION CONTACT: Diane Mego, (703) 812-1900, Postal
Service Judicial Officer Department, 2101 Wilson Boulevard, Suite 600,
Arlington, VA 22201-3078.
SUPPLEMENTARY INFORMATION:
A. Background
Changes to the rules of practice are necessary to accommodate the
Judicial Officer Department's electronic filing system and establish
rules relative to that system; for the Chief Administrative Law Judge
to assign the presiding judge in cases governed by the Administrative
Procedure Act, 5 U.S.C. 551, et seq.; and to delete the automatic
scheduling of a hearing upon receipt of a mailability appeal. Changes
to the authority citations are necessary to identify the authority for
adjudicating each type of case, as well as the Chief Administrative Law
Judge's authority for adjudicating them under the Administrative
Procedure Act.
B. Explanation of Changes
Amendments to 39 CFR Part 952
The authority citation is revised to identify the authority for
adjudicating this type of case, as well as the Chief Administrative Law
Judge's authority for adjudicating it under the Administrative
Procedure Act.
In Sec. 952.4, the heading is revised to Office business hours;
electronic filing, and the text is amended as follows:
The existing paragraph is designated paragraph (a), and is
amended to clarify the office hours.
Paragraph (b) is added to identify the Internet address
for the electronic filing system.
In Sec. 952.9, the heading is revised to Filing; docketing and
serving documents, and the text is amended as follows:
Paragraph (a) is amended to indicate that electronic
filing is required and when documents submitted by parties are
considered received.
Paragraph (b) is amended to include electronic filing and
when service of documents on the opposing party is required.
Paragraphs (c) and (d) are deleted.
Amendments to 39 CFR Part 953
The authority citation is revised to identify the authority for
adjudicating this type of case, as well as the Chief Administrative Law
Judge's authority for adjudicating it under the Administrative
Procedure Act.
In Sec. 953.2, concerning initiation, the text is amended to
identify the Internet address for the electronic filing system. In
Sec. 953.4, the heading is revised to Filing, docketing and serving
documents; service of notice; reply; motion for summary judgment. The
text of Sec. 953.4 is amended to indicate that electronic filing is
required, delete the automatic scheduling of a hearing, indicate when
documents submitted by the parties are considered received, provide for
service on appellant by the Postal Service, and indicate when service
of documents on the opposing party is required for purposes of the
electronic filing system.
In Sec. 953.10, concerning presiding officers, the text is amended
to have the Chief Administrative Law Judge assign cases.
Amendments to 39 CFR Part 954
The authority citation is revised to identify the authority for
adjudicating this type of case, as well as the Chief Administrative Law
Judge's authority for adjudicating it under the Administrative
Procedure Act.
In Sec. 954.4, the heading is revised to Office business hours;
electronic filing and the text is amended as follows:
The existing paragraph is designated paragraph (a) and is
amended to clarify the office hours.
Paragraph (b) is added to identify the Internet address
for the electronic filing system.
In Sec. 954.8, concerning pleading, paragraph (a) is amended to
indicate electronic filing is required, when documents submitted by
parties are considered received, and to indicate when service of
documents on the opposing party is required for purposes of the
electronic filing system.
Amendments to 39 CFR Part 955
In Sec. 955.1, concerning jurisdiction, procedure, and service of
documents in proceedings before the Board, paragraph (b)(1) is amended
to update the Internet address for the electronic filing system.
Amendments to 39 CFR Part 958
The authority citation is revised to identify the Chief
Administrative Law Judge's authority for adjudicating this type of case
under the Administrative Procedure Act.
In Sec. 958.2, concerning definitions, paragraph (g) is amended to
have the Chief Administrative Law Judge assign cases.
In Sec. 958.19, concerning form and filing of documents, paragraph
(b) is amended to indicate electronic filing is required, identify the
Internet address for the electronic filing system, and indicate when
documents submitted by the parties are considered received.
In Sec. 958.20, the heading is revised to Service, and the text is
revised to indicate when service of documents on the opposing party is
required for purposes of the electronic filing system.
Amendments to 39 CFR Part 959
The authority citation is revised to identify the authority for
adjudicating this type of case, as well as the Chief Administrative Law
Judge's authority for adjudicating it under the Administrative
Procedure Act.
In Sec. 959.3, the heading is revised to Office address and
business hours; electronic filing. The text is revised to clarify the
office hours and new paragraph (b) is added to identify the Internet
address for the electronic filing system.
In Sec. 959.9, concerning filing documents for the record, the
following paragraphs are amended:
Paragraph (a) is amended to require electronic filing and
indicate when service of documents on the opposing party is required
for purposes of the electronic filing system.
Paragraph (b) is deleted.
Paragraph (c) is redesignated as paragraph (b) and revised
to include when documents submitted by the parties are considered
received.
Amendments to 39 CFR Part 962
The authority citation is revised to identify the Chief
Administrative Law Judge's authority for adjudicating this case type
under the Administrative Procedure Act.
In Sec. 962.2, concerning definitions, paragraph (i) is amended to
have the Chief Administrative Law Judge assign cases.
In Sec. 962.22, concerning form and filing of documents:
Paragraph (a) is amended to require electronic filing and
identify the Internet address for the electronic filing system.
Paragraph (b) is amended to indicate when documents
submitted by the parties are considered received.
In Sec. 962.23, the heading is revised to Service, and the text is
revised to
[[Page 40192]]
indicate when service of documents on the opposing party is required
for purposes of the electronic filing system.
Amendments to 39 CFR Part 963
In Sec. 963.3, the heading is revised to Petition; notice of
hearing; answer; filing of documents; summary judgment, and the text is
revised as follows:
The last sentence of paragraph (a) is amended to identify
the Internet address for the electronic filing system.
Paragraph (d) is amended to indicate that electronic
filing is required, when documents submitted by parties are considered
received, and when service of documents on the opposing party is
required for purposes of the electronic filing system.
Amendments to 39 CFR Part 964
The authority citation is revised to identify the Chief
Administrative Law Judge's authority for adjudicating this type of case
under the Administrative Procedure Act.
In Sec. 964.3, the heading is revised to Customer petitions,
notice of hearing; answer; summary judgment; filing and service, and
the text is revised as follows:
Paragraph (a) is amended to indicate that electronic
filing is required and identify the Internet address for the electronic
filing system
Paragraph (e), Filing and service, is added to indicate
that electronic filing is required, when documents submitted by parties
are considered received, and when service of documents on the opposing
party is required for purposes of the electronic filing system.
In Sec. 964.7, concerning presiding officers, the text is amended
to have the Chief Administrative Law Judge assign cases.
Amendments to 39 CFR Part 965
In Sec. 965.5, concerning initial submissions by parties, the text
is revised to indicate that electronic filing is required, and to
identify the Internet address for the electronic filing system.
List of Subjects
39 CFR Part 952
Administrative practice and procedure, Fraud, Lotteries, Postal
Service.
39 CFR Part 953
Administrative practice and procedure, Mailability, Postal Service.
39 CFR Part 954
Administrative practice and procedure, Periodicals, Postal Service.
39 CFR Part 955
Administrative practice and procedure, government contracts, Postal
Service.
39 CFR Part 958
Administrative practice and procedure, Postal Service.
39 CFR Part 959
Administrative practice and procedure, Privacy, Postal Service.
39 CFR Part 962
Administrative practice and procedure, Fraud, Postal Service.
39 CFR Part 963
Administrative practice and procedure, Advertising, Postal Service.
39 CFR Part 964
Administrative practice and procedure, Fictitious names or
addresses, Fraud, Postal Service.
39 CFR Part 965
Administrative practice and procedure, Mail Disputes, Postal
Service.
Accordingly, for the reasons stated, the Postal Service amends 39
CFR parts 952, 953, 954, 955, 958, 959, 962, 963, 964, and 965 as
follows:
PART 952--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO FALSE
REPRESENTATION AND LOTTERY ORDERS
0
1. Revise the authority citation for 39 CFR Part 952 to read as
follows:
Authority: 39 U.S.C. 204, 401, 3001, 3005, 3012, 3016; 5 U.S.C.
554.
0
2. Revise Sec. 952.4 to read as follows:
Sec. 952.4 Office business hours; electronic filing.
(a) The offices of the officials identified in these rules are
located at 2101 Wilson Boulevard, Suite 600, Arlington, VA 22201-3078.
Normal business hours are between 8:45 a.m. and 4:45 p.m. (Eastern
Time), Monday through Friday except holidays.
(b) The Judicial Officer electronic filing system Web site is
accessible 24 hours a day at https://uspsjoe.justware.com/justiceweb.
0
3. Revise Sec. 952.9 to read as follows:
Sec. 952.9 Filing; docketing and serving documents.
(a) Unless the presiding officer permits otherwise, all documents
must be filed using the electronic filing system. Documents submitted
using the electronic filing system are considered filed as of the date/
time (Eastern Time) reflected in the system. Documents mailed to the
Recorder are considered filed on the date mailed as evidenced by a
United States Postal Service postmark. Filings by any other means are
considered filed upon receipt by the Recorder of a complete copy of the
filing during normal business hours. Discovery need not be filed except
as may be sought to be included in the record, or as may be ordered by
the presiding officer.
(b) Documents shall be dated and state the docket number and title
of the proceeding. Any pleading or other document required by order of
the presiding officer to be filed by a specified date must be received
in the electronic filing system or by the Recorder on or before such
date. If both parties are participating in the electronic filing
system, separate service upon the opposing party is not required.
Otherwise, documents shall be served personally or by mail on the
opposing party, noting on the document filed, or on the transmitting
letter, that a copy has been so furnished.
PART 953--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO MAILABILITY
0
4. Revise the authority citation for 39 CFR Part 953 to read as
follows:
Authority: 39 U.S.C. 204, 401, 3001; 5 U.S.C. 554.
0
5. Revise Sec. 953.2 to read as follows:
Sec. 953.2 Initiation.
Mailability proceedings are initiated upon the filing of an appeal
in the Judicial Officer electronic filing system at https://uspsjoe.justware.com/justiceweb or with the Recorder, Judicial Officer
Department, U.S. Postal Service, 2101 Wilson Boulevard, Suite 600,
Arlington, VA 22201-3078.
0
6. Revise Sec. 953.4 to read as follows:
Sec. 953.4 Filing, docketing and serving documents; service of
notice; reply; motion for summary judgment.
(a) Filing. Unless the presiding officer permits otherwise, all
documents must be filed using the electronic filing system. Documents
submitted using the electronic filing system are considered filed as of
the date/time (Eastern Time) reflected in the system. Documents mailed
to the Recorder are considered filed on the date mailed as evidenced by
a United States Postal Service postmark. Filings by any other means are
considered filed upon receipt by the Recorder of a complete copy of the
filing during normal business hours. Normal business hours are between
8:45 a.m. and 4:45 p.m. (Eastern Time), Monday
[[Page 40193]]
through Friday except holidays. If both parties are participating in
the electronic filing system, separate service upon the opposing party
is not required. Otherwise, documents shall be served personally or by
mail on the opposing party, noting on the document filed, or on the
transmitting letter, that a copy has been so furnished.
(b) Service of notice. (1) Upon receiving the appeal, the Recorder
shall issue a notice specifying that the Postal Service General
Counsel's or Chief Postal Inspector or his or her designee's reply
shall be filed within 15 days of receipt of the notice.
(2) The Recorder shall promptly serve this notice on the parties as
follows:
(i) The notice, with a copy of the appeal, shall be sent to the
General Counsel or the Chief Postal Inspector or his or her designee.
(ii) When the appellant's address is within the United States, the
notice, with a copy of the appeal, shall be sent to the postmaster at
the office that delivers mail to the appellant's address. The
postmaster shall be instructed that, acting personally or through a
supervisory employee or a postal inspector, he or she is to serve these
documents on the appellant. If the appellant cannot be found within 3
days, the postmaster shall send these documents to the appellant by
ordinary mail and forward a statement to the Recorder that is signed by
the delivering employee and that specifies the time and place of
delivery.
(iii) When the appellant's address is outside the United States,
the notice, with a copy of the appeal, shall be sent to the appellant
by registered mail, return receipt requested. A written statement by
the Recorder, noting the time and place of mailing, shall be accepted
as proof of service in the event a signed and dated return receipt is
not received.
(c) Reply. The General Counsel, the Chief Postal Inspector, or that
officer's designee shall file a reply within the aforementioned 15-day
period or any period granted by the presiding officer for good cause
shown. If the reply so filed fails to address any additional allegation
in the appeal, that allegation shall be deemed admitted.
(d) Motion for summary judgment. Upon motion of the General
Counsel, the Chief Postal Inspector, that officer's designee, or the
appellant, or on the presiding officer's own initiative, the presiding
officer may find that the appeal and answer present no genuine and
material issues of fact requiring an evidentiary hearing, and thereupon
may render an initial decision upholding or reversing the determination
or ruling. The initial decision shall become the final Agency decision
if a timely appeal is not taken.
0
7. Revise Sec. 953.10 to read as follows:
Sec. 953.10 Presiding Officers.
The presiding officer at any hearing shall be an Administrative Law
Judge qualified in accordance with law or the Judicial Officer (39
U.S.C. 204). The Chief Administrative Law Judge shall assign cases. The
Judicial Officer may preside at the hearing if an Administrative Law
Judge is unavailable.
PART 954--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO THE DENIAL,
SUSPENSION, OR REVOCATON OF PERIODICALS MAIL PRIVILEGES
0
8. Revise the authority citation for 39 CFR part 954 to read as
follows:
Authority: 39 U.S.C. 204, 401, 3685; 5 U.S.C. 554.
0
9. Revise Sec. 954.4 to read as follows:
Sec. 954.4 Office business hours; electronic filing.
(a) The offices of the officials identified in these rules are
located at 2101 Wilson Boulevard, Suite 600, Arlington, VA 22201-3078.
Normal Business hours are between 8:45 a.m. and 4:45 p.m. (Eastern
Time), Monday through Friday except holidays.
(b) The Judicial Officer electronic filing system Web site is
accessible 24 hours a day at https://uspsjoe.justware.com/justiceweb.
0
10. In Sec. 954.8, paragraph (a) is revised to read as follows:
Sec. 954.8 Pleading.
(a) Filing and service. All documents required under this part must
be filed using the electronic filing system unless the presiding
officer permits otherwise. Documents submitted using the electronic
filing system are considered filed as of the date/time (Eastern Time)
reflected in the system. Documents mailed to the Recorder are
considered filed on the date mailed as evidenced by a United States
Postal Service postmark. Filings by any other means are considered
filed upon receipt by the Recorder of a complete copy of the filing
during normal business hours. If both parties are participating in the
electronic filing system, separate service upon the opposing party is
not required. Otherwise, documents shall be served personally or by
mail on the opposing party, noting on the document filed, or on the
transmitting letter, that a copy has been so furnished. The Recorder
shall maintain a docket and the files in all proceedings.
* * * * *
PART 955--RULES OF PRACTICE BEFORE THE POSTAL SERVICE BOARD OF
CONTRACT APPEALS
0
11. The authority citation for 39 CFR part 955 continues to read as
follows:
Authority: 39 U.S.C. 204, 401; 41 U.S.C. 7101-7109.
0
12. In Sec. 955.1, revise the final sentence of paragraph (b)(1) to
read as follows:
Sec. 955.1 Jurisdiction, procedure, service of documents.
* * * * *
(b) * * *
(1) * * * The Web site for electronic filing is https://uspsjoe.justware.com/justiceweb.
* * * * *
PART 958--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO CIVIL
PENALTIES, CLEAN-UP COSTS AND DAMAGES FOR VIOLATION OF HAZARDOUS
MATERIAL REGULATIONS
0
13. Revise the authority citation for 39 CFR part 958 to read as
follows:
Authority: 39 U.S.C. 204, 401, 3001, 3018; 5 U.S.C. 554.
0
14. In Sec. 958.2, revise paragraph (g) to read as follows:
Sec. 958.2 Definitions.
* * * * *
(g) Presiding Officer refers to an Administrative Law Judge
designated by the Chief Administrative Law Judge to conduct a hearing,
or to the Judicial Officer, if an Administrative Law Judge is not
available.
* * * * *
0
15. In Sec. 958.19, revise paragraph (b) to read as follows:
Sec. 958.19 Form and Filing of documents.
* * * * *
(b) All pleadings and documents required under this part must be
filed using the Judicial Officer electronic filing system unless the
presiding officer permits otherwise. The Judicial Officer electronic
filing system Web site is accessible 24 hours a day at https://uspsjoe.justware.com/justiceweb. Documents submitted using the
electronic filing system are considered filed as of the date/time
(Eastern Time) reflected in the system. Documents mailed to the
Recorder are considered filed on the date mailed as evidenced by a
United States Postal Service postmark. Filings by any other means are
[[Page 40194]]
considered filed upon receipt by the Recorder of a complete copy of the
filing during normal business hours. Normal business hours are between
8:45 a.m. and 4:45 p.m. (Eastern Time), Monday through Friday except
holidays.
* * * * *
0
16. Revise Sec. 958.20 to read as follows:
Sec. 958.20 Service.
If both parties are participating in the electronic filing system,
separate service upon the opposing party is not required. Otherwise,
documents shall be served personally or by mail on the opposing party,
noting on the document filed, or on the transmitting letter, that a
copy has been so furnished.
PART 959--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO THE PRIVATE
EXPRESS STATUTES
0
17. Revise the authority citation for 39 CFR part 959 to read as
follows:
Authority: 39 U.S.C. 204, 401; 601-606; 18 U.S.C. 1693-1699; 5
U.S.C. 554; 39 CFR 310, 320.
0
18. Revise Sec. 959.3 to read as follows:
Sec. 959.3 Office address and business hours; electronic filing
(a) The offices of the officials identified in these rules are
located at 2101 Wilson Boulevard, Suite 600, Arlington, VA 22201-3078.
Normal Business hours are between 8:45 a.m. and 4:45 p.m. (Eastern
Time), Monday through Friday except holidays.
(b) The Judicial Officer electronic filing system Web site is
accessible 24 hours a day at https://uspsjoe.justware.com/justiceweb.
0
19. Revise Sec. 959.9 to read as follows:
Sec. 959.9 Filing documents for the record.
(a) All documents required under this part must be filed using the
electronic filing system unless the presiding officer permits
otherwise. If both parties are participating in the electronic filing
system, separate service upon the opposing party is not required.
Otherwise, documents shall be served personally or by mail on the
opposing party, noting on the document filed, or on the transmitting
letter, that a copy has been so furnished.
(b) Documents shall be dated and state the title of the proceeding
and, except initial petitions, the docket number. Documents submitted
using the electronic filing system are considered filed as of the date/
time (Eastern Time) reflected in the system. Documents mailed to the
Recorder are considered filed on the date mailed as evidenced by a
United States Postal Service postmark. Filings by any other means are
considered filed upon receipt by the Recorder of a complete copy of the
filing during normal business hours.
PART 962--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO THE PROGRAM
FRAUD CIVIL REMEDIES ACT
0
20. Revise the authority citation for 39 CFR part 962 to read as
follows:
Authority: 31 U.S.C. 3801-12; 39 U.S.C. 401; 5 U.S.C. 554.
0
21. In Sec. 962.2, revise paragraph (i) to read as follows:
Sec. 962.2 Definitions.
* * * * *
(i) Presiding Officer refers to an Administrative Law Judge
designated by the Chief Administrative Law Judge to conduct a hearing
authorized by 31 U.S.C. 3803.
* * * * *
0
22. In Sec. 962.22, revise the introductory text of paragraph (a) and
revise paragraph (b) to read as follows:
Sec. 962.22 Form and filing of documents.
(a) All pleadings and documents required under this part must be
filed using the Judicial Officer electronic filing system unless the
presiding officer permits otherwise. The Judicial Officer electronic
filing system Web site is accessible 24 hours a day at https://uspsjoe.justware.com/justiceweb. Every pleading filed in a proceeding
under this part must:
* * * * *
(b) Documents submitted using the electronic filing system are
considered filed as of the date/time (Eastern Time) reflected in the
system. Documents mailed to the Recorder are considered filed on the
date mailed as evidenced by a United States Postal Service postmark.
Filings by any other means are considered filed upon receipt by the
Recorder of a complete copy of the filing during normal business hours.
Normal business hours are between 8:45 a.m. and 4:45 p.m. (Eastern
Time), Monday through Friday except holidays.
* * * * *
0
23. Revise Sec. 962.23 to read as follows:
Sec. 962.23 Service.
If both parties are participating in the electronic filing system,
separate service upon the opposing party is not required. Otherwise,
documents shall be served personally or by mail on the opposing party,
noting on the document filed, or on the transmitting letter, that a
copy has been so furnished.
PART 963--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO VIOLATIONS
OF THE PANDERING ADVERTISEMENTS STATUTE, 39 U.S.C. 3008
0
24. The authority citation for 39 CFR part 963 continues to read as
follows:
Authority: 39 U.S.C. 204, 401, 3008.
0
25. In Sec. 963.3, the final sentence of paragraph (a) is revised and
paragraph (d) is revised to read as follows:
Sec. 963.3 Petition; notice of hearing; answer; filing; summary
judgment.
(a) * * * The Manager will forward each timely petition to the
Recorder through the Judicial Officer Department electronic filing
system at https://uspsjoe.justware.com/justiceweb.
* * * * *
(d) Filing. All documents required under this part must be filed
using the electronic filing system (https://uspsjoe.justware.com/justiceweb) unless the presiding officer permits otherwise. Documents
submitted using the electronic filing system are considered filed as of
the date/time (Eastern Time) reflected in the system. Documents mailed
to the Recorder are considered filed on the date mailed as evidenced by
a United States Postal Service postmark. Filings by any other means are
considered filed upon receipt by the Recorder of a complete copy of the
filing during normal business hours. Normal business hours are between
8:45 a.m. and 4:45 p.m. (Eastern Time), Monday through Friday except
holidays. If both parties are participating in the electronic filing
system, separate service upon the opposing party is not required.
Otherwise, documents shall be served personally or by mail on the
opposing party, noting on the document filed, or on the transmitting
letter, that a copy has been so furnished. The Recorder shall maintain
a docket and the files in all proceedings.
* * * * *
PART 964--RULES OF PRACTICE GOVERNING DISPOSITION OF MAIL WITHHELD
FROM DELIVERY PURSUANT TO 39 U.S.C. 3003, 3004
0
26. Revise the authority citation for 39 CFR part 964 to read as
follows:
Authority: 39 U.S.C. 204, 401, 3003, 3004; 5 U.S.C. 554.
0
27. In Sec. 964.3, revise the second and third sentences of paragraph
(a), and add paragraph (e) to read as follows:
[[Page 40195]]
Sec. 964.3 Customer petitions; notice of hearing; answer; summary
judgment; filing and service.
(a) Petition. * * * The Petition, signed by the Petitioner or his
or her attorney, shall be filed via the Judicial Officer Electronic
filing system at https://uspsjoe.justware.com/justiceweb or via
certified mail to the Recorder, Judicial Officer Department, United
States Postal Service, 2101 Wilson Boulevard, Suite 600, Arlington, VA
22201-3078. The Petition must be filed within 14 days of the date upon
which the Petitioner received the notice. * * *
* * * * *
(e) Filing and service. All documents required under this part must
be filed using the electronic filing system unless the presiding
officer permits otherwise. Documents submitted using the electronic
filing system are considered filed as of the date/time (Eastern Time)
reflected in the system. Documents mailed to the Recorder are
considered filed on the date mailed as evidenced by a United States
Postal Service postmark. Filings by any other means are considered
filed upon receipt by the Recorder of a complete copy of the filing
during normal business hours. Normal business hours are between 8:45
a.m. and 4:45 p.m. (Eastern Time), Monday through Friday except
holidays. If both parties are participating in the electronic filing
system, separate service upon the opposing party is not required.
Otherwise, documents shall be served personally or by mail on the
opposing party, noting on the document filed, or on the transmitting
letter, that a copy has been so furnished.
0
28. In Sec. 964.7, revise paragraph (a) to read as follows:
Sec. 964.7 Presiding officers.
(a) The presiding officer shall be an Administrative Law Judge
qualified in accordance with law or the Judicial Officer. The Chief
Administrative Law Judge shall assign cases. The Judicial Officer may
preside at the hearing if an Administrative Law Judge is unavailable.
* * * * *
PART 965--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO MAIL
DISPUTES
0
29. The authority citation for 39 CFR part 965 continues to read as
follows:
Authority: 39 U.S.C. 204, 401.
0
30. Revise Sec. 965.5 to read as follows:
Sec. 965.5 Initial submissions by parties.
Within 15 days after receipt of the Recorder's notice, each party
shall file via the Judicial Officer electronic filing system (https://uspsjoe.justware.com/justiceweb) a sworn statement of the facts
supporting its claim to receipt of the mail together with a copy of
each document on which it relies in making such claim, and any
arguments supporting its claim. Unless the presiding officer otherwise
permits, all documents relative to this proceeding must be filed using
the electronic filing system.
Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2016-14553 Filed 6-20-16; 8:45 am]
BILLING CODE 7710-12-P
