Service Standard Changes, 22716-22725 [2021-08890]
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22716
Federal Register / Vol. 86, No. 81 / Thursday, April 29, 2021 / Notices
Docket Office is closed to the public and
not able to receive submissions to the
docket by hand, express mail,
messenger, and courier service. All
comments, attachments, and other
material must identify the agency name
and the OSHA docket number for the
ICR (Docket No. OSHA–2011–0060).
You may supplement electronic
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files electronically. If you wish to mail
additional materials in reference to an
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must submit them to the OSHA Docket
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titled ADDRESSES). The additional
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date, and the docket number so that the
agency can attach them to your
comments.
Due to security procedures, the use of
regular mail may cause a significant
delay in the receipt of comments.
Comments and submissions are
posted without change at https://
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cautions commenters about submitting
personal information such as social
security numbers and date of birth.
Although all submissions are listed in
the https://www.regulations.gov index,
some information (e.g., copyrighted
material) is not publicly available to
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material, are available for inspection
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Information on using the https://
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available at the website’s ‘‘User Tips’’
link. Contact the OSHA Docket Office at
(202) 693–2350, (TTY (877) 889–5627)
for information about materials not
available from the website, and for
assistance in using the internet to locate
docket submissions.
V. Authority and Signature
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James S. Fredrick, Acting Assistant
Secretary of Labor for Occupational
Safety and Health, directed the
preparation of this notice. The authority
for this notice is the Paperwork
Reduction Act of 1995 (44 U.S.C. 3506
et seq.) and Secretary of Labor’s Order
No. 1–2012 (77 FR 3912).
Signed at Washington, DC, on April 22,
2021.
James S. Frederick,
Acting Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. 2021–08931 Filed 4–28–21; 8:45 am]
BILLING CODE 4510–26–P
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NATIONAL SCIENCE FOUNDATION
Advisory Committee for Education and
Human Resources; Notice of Meeting
In accordance with the Federal
Advisory Committee Act (Pub. L. 92–
463, as amended), the National Science
Foundation (NSF) announces the
following meeting:
Name and Committee Code: Advisory
Committee for Education and Human
Resources (#1119) (Virtual Meeting)
Date and Time: May 26, 2021; 12:00
p.m.–5:00 p.m.; May 27, 2021; 11:00
a.m.–5:00 p.m.
Place: National Science Foundation,
2415 Eisenhower Avenue. Alexandria,
VA 22314 To attend the virtual meeting,
all visitors must register at least 48
hours prior to the meeting.at: https://
nsf.zoomgov.com/webinar/register/WN_
UHLnLDeIRwy5_IxC3FmFtw. The final
meeting agenda will be posted to:
https://www.nsf.gov/ehr/advisory.jsp.
Type of Meeting: Open.
Contact Person: Keaven M. Stevenson,
National Science Foundation, 2415
Eisenhower Avenue, Room C11001,
Alexandria, VA 22314; (703) 292–8600/
kstevens@nsf.gov.
Summary of Minutes: Minutes and
meeting materials will be available on
the EHR Advisory Committee website at
https://www.nsf.gov/ehr/advisory.jsp or
can be obtained from Dr. Nafeesa
Owens, National Science Foundation,
2415 Eisenhower Avenue, Room
C11000, Alexandria, VA 22314; (703)
292–8600; ehr_ac@nsf.gov.
Purpose of Meeting: To provide
advice with respect to the Foundation’s
science, technology, engineering, and
mathematics (STEM) education and
human resources programming.
Agenda
Wednesday, May 26, 202; 12:00 p.m.–
5:00 p.m.
• Welcoming Remarks from the EHR AC
Chair & the EHR Assistant Director
• Session 1: Aligning Agency-Wide
Broadening Participation and Racial
Equity Efforts
• Session 2: Monitoring Broadening
Participation Efforts
• Session 3: Finding Central Themes
around Broadening Participation
Research Activities
Thursday, May 27, 2020; 11:00 a.m.–
5:00 p.m.
• Session 4: Reporting Results from a
Committee of Visitors
• Session 5: Funding Opportunities in
Support of Equity
• Session 6: Revisiting EHR’s Name
• Discussions with NSF Leadership and
Closing Remark
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Dated: April 26, 2021.
Crystal Robinson,
Committee Management Officer.
[FR Doc. 2021–08944 Filed 4–28–21; 8:45 am]
BILLING CODE 7555–01–P
POSTAL REGULATORY COMMISSION
[Docket No. N2021–1; Order No. 5875]
Service Standard Changes
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
The Commission is noticing a
recently-filed Postal Service request for
an advisory opinion on the service
standards for First-Class Mail and endto-end Periodicals. This document
invites public comments on the request
and addresses several related procedural
steps.
DATES: Notices of intervention are due:
May 5, 2021; Live WebEx Technical
Conference: April 30, 2021, at 11:00
a.m., Eastern Daylight Time, Virtual.
ADDRESSES: Submit notices of
intervention electronically via the
Commission’s Filing Online system at
https://www.prc.gov. Persons interested
in intervening who cannot submit their
views electronically should contact the
person identified in the FOR FURTHER
INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Table of Contents
I. Introduction
II. Pre-Filing Issues
III. The Request
IV. Initial Administrative Actions
V. Ordering Paragraphs
I. Introduction
On April 21, 2021, the Postal Service
filed a request for an advisory opinion
from the Commission regarding planned
changes to the service standards for
First-Class Mail and end-to-end
Periodicals.1 The intended effective date
of the Postal Service’s planned changes
is no earlier than September 1, 2021.
Request at 2. The Request was filed
pursuant to 39 U.S.C. 3661 and 39 CFR
part 3020. Before issuing its advisory
opinion, the Commission shall accord
an opportunity for a formal, on-therecord hearing pursuant to 5 U.S.C. 556
and 557. 39 U.S.C. 3661(c). This Order
provides information on the Postal
Service’s planned changes, explains and
1 United States Postal Service Request for an
Advisory Opinion on Changes in the Nature of
Postal Services, April 21, 2021 (Request).
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Federal Register / Vol. 86, No. 81 / Thursday, April 29, 2021 / Notices
establishes the process for the on-therecord hearing, and lays out the
procedural schedule to be followed in
this case.
II. Pre-Filing Issues
On March 23, 2021, the Postal Service
published a ten-year strategic plan
announcing potential changes intended
to achieve financial stability and service
excellence.2 In conjunction with this
publication, the Postal Service also filed
a notice of its intent to conduct a prefiling conference regarding its proposed
changes to the service standards for
First-Class Mail and end-to-end
Periodicals, which would ‘‘generally
affect service on a nationwide or
substantially nationwide basis.’’ 3
Further, the Postal Service announced
that it would propose amendments to
the existing service standards for FirstClass Mail and end-to-end Periodicals
appearing in 39 CFR part 121. See
Notice at 1; see also Request at 1.4
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2 See United States Postal Service, Delivering for
America: Our Vision and Ten-Year Plan to Achieve
Financial Sustainability and Service Excellence,
March 23, 2021, at 3, available at, https://
about.usps.com/what/strategic-plans/delivering-foramerica/assets/USPS_Delivering-For-America.pdf
(Postal Service’s Strategic Plan). Further
information related to the Postal Service’s Strategic
Plan is available at, https://about.usps.com/what/
strategic-plans/delivering-for-america/.
3 Notice of Pre-Filing Conference, March 23, 2021,
at 1 (Notice) (quoting 39 U.S.C. 3661(b)).
4 These proposed changes were published in the
Federal Register on April 23, 2021 and are available
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On March 24, 2021, the Commission
issued Order No. 5848, which
established Docket No. N2021–1 to
consider the Postal Service’s proposed
changes, notified the public concerning
the Postal Service’s pre-filing
conference, and appointed a Public
Representative.5 Due to the COVID–19
pandemic, the Postal Service held its
pre-filing conference virtually on April
6, 2021, from 1:00 p.m. to 3:00 p.m.
Eastern Daylight Time (EDT). See
Request at 2; see also Notice at 1, 4. The
Postal Service asserts that it completed
the pre-filing requirements appearing in
39 CFR 3020.111 and certifies that it has
made a good faith effort to address
concerns of interested persons about the
Postal Service’s proposal raised at the
pre-filing conference. See Request at 2.
III. The Request
A. The Postal Service’s Planned
Changes
The Postal Service plans for these
changes to become effective no earlier
than September 1, 2021. See id. at 2. For
First-Class Mail within the contiguous
United States, the Postal Service states
that its proposal would narrow the
for public review at, https://www.govinfo.gov/
content/pkg/FR-2021-04-23/pdf/202108463.pdf?utm_source=federalregister.gov&utm_
medium=email&utm_
campaign=subscription+mailing+list.
5 Notice and Order Concerning the Postal
Service’s Pre-filing Conference, March 24, 2021, at
1–2, 4 (Order No. 5848).
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scope of the existing 2-Day and 3-Day
standards; instead 4-Day and 5-Day
standards would apply to certain FirstClass Mail traveling longer distances
between origin and destination. See id.
at 3.
The Postal Service states that most
First-Class Mail volume will be
unaffected by the proposed changes. See
id. at 4. It observes that First-Class Mail
subject to the existing 1-Day (Overnight)
service standard will not be affected.
See id. at 3–4. Overall, the Postal
Service asserts that approximately 70
percent of First-Class Mail volume
would be subject to the proposed 1-Day,
2-Day, or 3-Day service standards;
approximately 21 percent of First-Class
Mail volume would be subject to the
proposed 4-Day service standard; and
approximately 10 percent of First-Class
Mail volume would be subject to the
proposed 5-Day service standard.6
The Postal Service plans to apply a 3–
6-Day standard to certain end-to-end
Periodicals merged with First-Class Mail
for surface transportation, specifying
that the Periodicals standard would
equal the sum of 1 day plus the
applicable First-Class Mail service
standard. See id. at 6.
Specifically, the Postal Service
proposes to apply the following
standards to First-Class Mail.
6 See id. at 4. These figures total 101 percent due
to rounding.
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Federal Register / Vol. 86, No. 81 / Thursday, April 29, 2021 / Notices
Figure 1
Proposed Postal Service First-Class Mall Service Standards
.•lntt>SCF dc>mestic Presort inalJpleces properly accepted atttie SCf beforf the day-aro Critical Entry
lime (ui'lthan8ed*t
.
ntt>SCF single piece domestic mailpieces .
• time f>ehweri the.oi'f8inP&DCF~destinati
nter-scrdomesttc maill)ie'Ces, if the coinbiried
.inddestinatltm SCF is .3 hours or less · · ·
ntr.i~SCF and lnter~SCF mallpieces Within the
tween the ori ·
· ·
····· · ···
ceed20
nter•SCF mailpieces Within the .48contlguous sta~ where the combined
&Def, deStmatiOQAOC. and destination SCF is .more than 20 hours but does·
·· . · in mailpieces originating and/or destinatlng in non<0ntiguous areas♦* ··
-Mailpieces for Which the drive time Within the 48 contiguous sta~ f>ehwen ori81n P&OCF,
destination A~ and destination SCF exceeds 41 houn ...· · .... · .
·
•All other mallpieces t o ~ United States destination.
Notes:
" The existing Flrst..Class MaU 1.,.oay service standard ls codified in 39 CFR 121.1 (aJ(2).
- Speclfically,this refers to thefollowing:
• Mailpleces originating In the contiguous 48 states destined to the city of
Anchorage, Alaska, the 968 3-0iglt ZlP Code area In Hawan, or the 006; 007, or
009 3-Dlgit ZIP Code areas In Puerto Rico;
" Maltpieces originating In the 006, 007, or 009 3-0lgit ZIP Code areas In Puerto
Rico and the destination is In the contiguous 48 states.
• Mailpleces originating In Hawaii and the destination ls In Guam, or vice versa.
•• Mailpleces originating In Hawaii and the destination is in American Samoa, or
vice versa.
• Mailpleces forwhlch both the origin and destination are withfn Alaska.
Reqoestat 5-6~
"SCP refers to "Sectional Center Faclllty." Id. at3. With respecttoa partfcOfarSCF;
"lntra;.$CF" refers to mallpleces that originate and ~within the 3-Dlglt ZIP Code areas
assigned to that SCF in the Domestic Mall Manual and "Inter-SCP refers to rnallpleces that
originate outside those 3-Digit ZIP Code areas. Revised Service Standards for Market-Dorninalit
Mall Products, 77 Fed. Reg. 31,190, 31,194, n.12 (May 25, 2012) (codified at 39 CFR pt 121).
·P&DCF" refers to Processing & Distribution Center or Facility. Notice at 2. ·AOC" refers to Area
Distribution Center. Id.
B. The Postal Service’s Position
The Postal Service states that the
existing service standards do not reflect
declining mail volumes and that
attempting to meet the existing service
standards has led to high costs,
transportation inefficiencies, and
difficulties in providing reliable and
consistent service performance. See
Request at 6. The Postal Service
explains that transporting mail by
surface (trucks) is more reliable and
cost-effective than air transportation.
See id. at 7. The Postal Service asserts
that the proposed changes would allow
the Postal Service to use surface rather
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than air transportation for more
mailpieces between additional Postal
Service origin and destination
processing facilities (OD Pairs). See id.
at 3, 7–8. The Postal Service states that
the proposed changes could generate a
net improvement to the Postal Service’s
finances of approximately $174.8
million annually, when considering
transportation cost savings. See id. at 9.
The Postal Service asserts that
implementing the proposed changes
would enable it to: Provide more
reliable and consistent service
performance, improve its ability to run
according to its operating plans and
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optimize its surface transportation
network, increase its use of more costeffective air carriers for volume that will
continue to be transported by air (such
as volume destined for non-contiguous
areas), achieve significant cost savings
due to the creation of a more efficient
transportation network, and implement
future operational benefits. See id. at 6–
9. It adds that the proposed changes are
a key component of the Postal Service’s
Strategic Plan, intended to achieve
financial stability and service
excellence. See id. at 9–10.
Further, the Postal Service asserts that
the proposed changes achieve the
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source: Request at s..s~
Federal Register / Vol. 86, No. 81 / Thursday, April 29, 2021 / Notices
objectives of 39 U.S.C. 3691(b)(1) better
than the existing service standards. See
id. at 10–12. The Postal Service
contends that it has taken into account
the factors set forth in 39 U.S.C. 3691(c),
including the broader policies of title
39, United States Code, as required by
39 U.S.C. 3691(c)(8). See id. at 10–13.
The Postal Service discusses how it will
continue to satisfy the universal service
provisions appearing in 39 U.S.C. 101,
403, and 3661(a) under the proposed
service standards. See id.
C. The Postal Service’s Direct Case
The Postal Service is required to file
its direct case along with the Request.
See 39 CFR 3020.114. The Postal
Service’s direct case includes all of the
prepared evidence and testimony upon
which the Postal Service proposes to
rely on in order to establish that its
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proposal accords with and conforms to
the policies of title 39, United States
Code. See id. The Postal Service
provides the direct testimony of five
witnesses and identifies a sixth
individual to serve as its institutional
witness and provide information
relevant to the Postal Service’s proposal
that is not provided by other Postal
Service witnesses.
Table 1
Postal Service Witnesses
Witness
1. Robert
Cintron
2. Curtis
Whiteman
3. stephen
~
4. Steven
~
5. Thomas
llltta..
6. Sharon
Owens
Topic(s)
Designation
The Postal Service's ability to meet the
existing service standards, the proposed
service standard changes and their
benefits
The Postal Service's financial situation and
the estimated financial impact of the
proposed changes on the Postal Service's
financial situation (including estimated cost
savings and the estimated net financial
impact)
How the proposed service standard
changes would affect current mail volume
in the contiguous United States (including
the actual changes to the OD Pairs)
How the proposed service standard
changes may impact customer satisfaction
and the tools/techniques used by the
Postal Service to communicate with its
customers regarding the proposed service
standard chanaes
Econometric analysis to estimate the
potential contribution impact that could
result from·implementing the proposed
service standard chanaes
Institutional witness capable of providing
information relevant to the Postal Service's
proposal that is not provided by other
Postal Service witnesses
USPS-T-1
USPS-T-2
USPS-T-3
USPS-T--4
USPS-T-5
None filed
source: Request at 2, 4, 6-9.
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available to the public and two of which
are designated as non-public material.
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Additionally, the Postal Service filed
eight library references, six of which are
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Federal Register / Vol. 86, No. 81 / Thursday, April 29, 2021 / Notices
Table2
P tat S rvi
Designation
Ub
R fere
TIHe
Sponsoring
Witness
Stephen
~
Stephen
~
Stephen
~
Curtis Whiteman
•
LR-N2021-1-1
MOdel Input Data
•
LR-N:2021-1-2
MOdel Defining Tools
•
LR-N2021-1-3
MOdel Results
•
LR-N2021-1-4
Calculating Transportation Cost
Changes
•
LR-N2021-1-6
•
LR-N2021-1-6
Econometric Analysis of Impact of
Thomas·~
Delivery Service standards on FirstClass Mail and Periodicals Mail
Informed Visibility.Service
Robert Cintron
Performance Metrics (Enterprise
Analytics) Data
Note: The Postal service fifed the two non-public library references under seal (shac.led
in the above 1able), asserting that they consist of detalfed volume and cost infonnatkm regarotng
purchased transportation as welt as Clata. tttat reveal volume. modes of transportation, and
transportation WlndOWS·for competitive prooucts. see Nottee of United States Postal service of
FIiing Of Library References and AppllcatlOn for Non-Public Treatment, Aprtl 21, 2021, AppllcatlOn
of the Postal service for Non-Public Treatment, at 1.
source: Notice of United States Postal 8ervlce ofFll!ng Of Library References and
AppllcatlOn for Non-Public Treatment, April 21, 2021.
A. General Procedures
The procedural rules in 39 CFR part
3020 apply to Docket No. N2021–1.
Before issuing its advisory opinion, the
Commission shall accord an
opportunity for a formal, on-the-record
hearing pursuant to 5 U.S.C. 556 and
557. 39 U.S.C. 3661(c). The Commission
will sit en banc for Docket No. N2021–
1. See 39 CFR 3020.122(b). Due to the
COVID–19 pandemic, the Commission
is conducting all business, including
any hearing or public meeting for
Docket No. N2021–1 virtually and not in
person.
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B. Scope
Docket No. N2021–1 is limited in
scope to the specific changes proposed
by the Postal Service in its Request. See
39 CFR 3020.102(b). To the extent that
participants raise alternative proposals
and present reasons why those
alternatives may be superior to the
Postal Service’s proposal, the
Commission would interpret such
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discussion as critiquing the specific
changes proposed by the Postal Service
in its Request.7 However, the
Commission would not evaluate or
opine on the merits of such alternative
proposal in its advisory opinion. See
Order No. 2080 at 18. Pursuant to its
discretion, the Commission may
undertake evaluation of alternatives or
other issues raised by participants in
separate proceedings (such as special
studies or public inquires). See 39 CFR
3020.102(b). Moreover, any interested
person may petition the Commission to
initiate a separate proceeding (such as a
rulemaking or public inquiry) at any
time. See 39 CFR 3010.201(b) (initiation
of notice and comment proceedings).
C. Procedural Schedule
The Commission establishes a
procedural schedule, which appears
below the signature of this Order. See 39
CFR 3010.151, 3020.110; see also 39
7 See Docket No. RM2012–4, Order Adopting
Amended Rules of Procedure for Nature of Service
Proceedings Under 39 U.S.C. 3661, May 20, 2014,
at 18 (Order No. 2080).
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CFR part 3020 Appendix A. These dates
may be changed only if good cause is
shown, if the Commission later
determines that the Request is
incomplete, if the Commission
determines that the Postal Service has
significantly modified the Request, or
for other reasons as determined by the
Commission. See 39 CFR 3020.110(b)
and (c).
D. How To Access Material Filed in This
Proceeding
1. Using the Commission’s Website
The public portions of the Postal
Service’s filing are available for review
on the Commission’s website (https://
www.prc.gov). The Postal Service’s
electronic filing of the Request and
prepared direct evidence effectively
serves the persons who participated in
the pre-filing conference. See 39 CFR
3020.104. Other material filed in this
proceeding will be available for review
on the Commission’s website, unless the
information contained therein is subject
to an application for non-public
treatment. The Commission’s rules on
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IV. Initial Administrative Actions
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how to file and access non-public
material appear in 39 CFR part 3011.
2. Using Methods Other Than the
Commission’s Website
The Postal Service must serve hard
copies of its Request and prepared
direct evidence ‘‘only upon those
persons who have notified the Postal
Service, in writing, during the pre-filing
conference(s), that they do not have
access to the Commission’s website.’’ 39
CFR 3020.104. If you demonstrate that
you are unable to effectively use the
Commission’s Filing Online system or
are unable to access the internet, then
the Secretary of the Commission will
serve material filed in Docket No.
N2021–1 upon you via First-Class Mail.
See 39 CFR 3010.127(b) and (c). You
may request physical service by mailing
a document demonstrating your need to
the Office of Secretary and
Administration, Postal Regulatory
Commission, 901 New York Avenue
NW, Suite 200, Washington, DC 20268–
0001. Service may be delayed due to the
impact of the COVID–19 pandemic.
Pursuant to 39 CFR 3010.127(c), the
Secretary shall maintain a service list
identifying no more than two
individuals designated for physical
service of documents for each party
intervening in this proceeding.
Accordingly, each party must ensure
that its listing is accurate and should
promptly notify the Secretary of any
errors or changes. See 39 CFR
3010.127(c).
E. How To File Material in This
Proceeding
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1. Using the Commission’s Filing Online
System
Except as provided in 39 CFR
3010.120(a), all material filed with the
Commission shall be submitted in
electronic format using the Filing
Online system, which is available over
the internet through the Commission’s
website. The Commission’s website
accepts filings during the Commission’s
regular business hours, which are from
8:00 a.m. through 4:30 p.m. EDT, except
for Saturdays, Sundays, and Federal
holidays. A guide to using the Filing
Online system, including how to create
an account, is available at: https://
www.prc.gov/how-to-participate. If you
have questions about how to use the
Filing Online system, please contact the
dockets clerk by email at dockets@
prc.gov or telephone at (202) 789–6847.
Please be advised that the dockets clerk
can only answer procedural questions
but may not provide legal advice or
recommendations.
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2. Using Methods Other Than the
Commission’s Filing Online System
Material may be filed using a method
other than the Commission’s website
only if at least one of the following
exceptions applies:
• The material cannot reasonably be
converted to electronic format,
• The material contains non-public
information (see 39 CFR part 3011),
• The filer is unable to effectively use
the Commission’s Filing Online system
and the document is 10 pages or fewer,
or
• The Secretary has approved an
exception to the requirements to use the
Commission’s Filing Online system
based on a showing of good cause.
39 CFR 3010.120(a).
Material subject to these exceptions
may be filed by mail to the Office of
Secretary and Administration, Postal
Regulatory Commission, 901 New York
Avenue NW, Suite 200, Washington, DC
20268–0001. Due to the agency’s virtual
status, posting mailed materials to the
Commission’s website may be delayed.
Accordingly, before mailing materials, it
is strongly recommended that
individuals contact the dockets clerk by
email at dockets@prc.gov or telephone
at (202) 789–6847.
F. Technical Conference
1. Date and Purpose
A technical conference will be held
live via WebEx on April 30, 2021, at
11:00 a.m. EDT.8 The technical
conference is an informal, off-the-record
opportunity to clarify technical issues as
well as to identify and request
information relevant to evaluating the
Postal Service’s proposed changes. See
39 CFR 3020.115(c). At the technical
conference, the Postal Service will make
available for questioning its five
witnesses whose direct testimony was
filed along with the Request and a sixth
individual to serve as its institutional
witness, who will provide information
relevant to the Postal Service’s proposal
that is not provided by other Postal
Service witnesses. See Request at 2, 4,
6–9; see also 39 CFR 3020.113(b)(6)–(7),
3020.115(b). The names and topics to
which these six individuals are
prepared to address are summarized
above in Section III.C., Table 2, infra.
2. How To Participate in the Technical
Conference
To participate in this live technical
conference and have the opportunity to
8 Normally, this technical conference would be
set for day 10 (Saturday May 1, 2021) and extended
to Monday May 3, 2021, in accordance with 39 CFR
3020.103; however, the Commission is taking into
account the National Postal Forum scheduled for
May 3 and 4, 2021.
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Frm 00097
Fmt 4703
Sfmt 4703
22721
ask questions of the Postal Service’s six
witnesses, an individual need not
formally intervene in this docket, but
must register in advance as follows.
Each individual seeking to participate in
the live WebEx using an individual
device (e.g., a desktop computer, laptop,
tablet, or smart phone) must register by
sending an email to N20211registration@prc.gov with the subject
line ‘‘Registration’’ by April 27, 2021. In
order to facilitate orderly public
participation, this email shall provide
the following information:
• Your first and last name;
• your email address (to receive the
WebEx link);
• whether or not you would like the
moderator to allow you the opportunity
to question the Postal Service’s
witness(es), and if so, which witness(es)
you would like to question and/or the
topic(s) of your question(s); and
• your affiliation (if you are
participating in your capacity as an
employee, officer, or member of an
entity such as a corporation, association,
or government agency).
The N2021-1registration@prc.gov
email address is established solely for
the exchange of information relating to
the logistics of registering for and
participating in the technical
conference.9 No information related to
the substance of the Postal Service’s
Request shall be communicated, nor
shall any information provided by
participants apart from the list
identified above be reviewed or
considered. Only documents filed with
the Commission’s docket system will be
considered by the Commission. Before
the technical conference, the
Commission will email each identified
individual a WebEx link, an explanation
of how to connect to the technical
conference, and information regarding
the schedule and procedures to be
followed.
3. Availability of Materials and
Recording
To facilitate discussion of the matters
to be explored at the technical
conference, the Postal Service shall, if
necessary, file with the Commission any
materials not already filed in Docket No.
N2021–1 (such as PowerPoint
presentations or Excel spreadsheets)
that the Postal Service expects to
present at the technical conference by
April 29, 2021. Doing so will foster an
orderly discussion of the matters under
consideration and facilitate the ability of
individuals to access these materials
should technical issues arise for any
9 Please refer to the Commission’s privacy policy
which is available at, https://www.prc.gov/privacy.
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Federal Register / Vol. 86, No. 81 / Thursday, April 29, 2021 / Notices
participants during the live WebEx.
After the live WebEx, if feasible, the
Commission shall make the recording
available and provide notice of where to
access it in this docket. Participants in
the WebEx, by participating, consent to
such recording and posting. Information
obtained during the technical
conference or as a result of the technical
conference is not part of the decisional
record, unless admitted under the
standards of 39 CFR 3010.322. See id.
section 3020.115(e).
G. How To Intervene (Become a Party to
This Proceeding)
To become a party to this proceeding,
a person or entity must file a notice of
intervention by May 5, 2021.10 This
filing must clearly and concisely state:
The nature and extent of the
intervenor’s interest in the issues
(including the postal services used), the
intervenor’s position on the proposed
changes in services (to the extent
known), whether or not the intervenor
requests a hearing, and whether or not
the intervenor intends to actively
participate in the hearing. See 39 CFR
3010.142(b). Page one of this filing shall
contain the name and full mailing
address of no more than two persons
who are to receive service, when
necessary, of any documents relating to
this proceeding. See id. A party may
participate in discovery; file testimony
and evidence; conduct written
examination of witnesses; conduct
limited oral cross-examination; file
briefs, motions, and objections; and
present argument before the
Commission or the presiding officer. See
id. sections 3010.142(a); 3020.122(e). An
opposition to a notice of intervention is
due within 3 days after the notice of
intervention is filed. See id. section
3010.142(d)(2).
H. Discovery
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1. Generally Applicable Discovery
Procedures
Discovery requests may be
propounded upon filing a notice of
intervention. Discovery that is
reasonably calculated to lead to the
admissible evidence is allowed. See id.
section 3020.116(a). Each answer to a
discovery request is due within 7 days
after the discovery request is filed.11
Any motion seeking to be excused from
answering any discovery request is due
10 Neither the Public Representative nor the
Postal Service must file a notice of intervention;
both are automatically deemed parties to this
proceeding. See 39 CFR 3010.142(a).
11 See 39 CFR 3020.117(b)(4), 3020.118(b)(1),
3020.119(b)(1). Filing an opposition to a notice of
intervention shall not delay this deadline. See 39
CFR 3010.142(d)(3).
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18:32 Apr 28, 2021
Jkt 253001
within 3 days after the discovery request
is filed. See 39 CFR 3020.105(b)(1). Any
response to such motion is due within
2 days after the motion is filed. See id.
section 3020.105(b)(2). The Commission
expects parties to make judicious use of
discovery, objections, and motions
practice, and encourages parties to make
every effort to confer to resolve disputes
informally before bringing disputes to
the Commission to resolve.
hearing of the Postal Service’s direct
case shall begin June 9, 2021, and the
hearing of the rebuttal case shall end
June 11, 2021. If any party files a notice
of intent to file a rebuttal case by May
28, 2021, and the Commission approves
the presentation of surrebuttal
testimony, then the hearing of the Postal
Service’s direct case shall begin June 14,
2021, and the hearing of the surrebuttal
case shall end June 16, 2021.
2. Discovery Deadlines for the Postal
Service’s Direct Case
All discovery requests regarding the
Postal Service’s direct case must be filed
by May 19, 2021. All discovery answers
by the Postal Service must be filed by
May 26, 2021. The parties are urged to
initiate discovery promptly, rather than
to defer filing requests and answers to
the end of the period established by the
Commission.
L. Presentation of Evidence and
Testimony
I. Rebuttal Case Deadlines
A rebuttal case is any evidence and
testimony offered to disprove or
contradict the evidence and testimony
submitted by the Postal Service. A
rebuttal case does not include crossexamination of the Postal Service’s
witnesses or argument submitted via a
brief or statement of position. Any party
that intends to file a rebuttal case must
file a notice confirming its intent to do
so by May 28, 2021. Any rebuttal case,
consisting of any testimony and all
materials in support of the case, must be
filed by June 2, 2021.
J. Surrebuttal Case Deadlines
A surrebuttal case is any evidence and
testimony offered to disprove or
contradict the evidence and testimony
submitted by the rebutting party. A
surrebuttal case does not include crossexamination of the rebutting party’s
witnesses or argument submitted via a
brief or statement of position. Any party
that intends to file surrebuttal case must
obtain the Commission’s prior approval.
See 39 CFR 3020.121(b). Any motion for
leave to file a surrebuttal case is due
June 4, 2021. Any response to such
motion is due June 7, 2021. Any
surrebuttal case, consisting of any
testimony and all materials in support
of the case, must be filed by June 9,
2021.
K. Hearing Dates
If no party files a notice of intent to
file a rebuttal case by May 28, 2021,
then the hearing of the Postal Service’s
direct case shall begin June 2, 2021 and
end June 4, 2021. If any party files a
notice of intent to file a rebuttal case by
May 28, 2021 but no surrebuttal
testimony will be presented, then the
PO 00000
Frm 00098
Fmt 4703
Sfmt 4703
Evidence and testimony shall be in
writing and may be accompanied by a
trial brief or legal memoranda. Id.
section 3020.122(e)(1). Whenever
possible and particularly for factual or
statistical evidence, written crossexamination will be used in lieu of oral
cross-examination. Id. section
3020.122(e)(2).12 Oral cross-examination
will be allowed to clarify written crossexamination and/or to test assumptions,
conclusions, or other opinion evidence.
Id. section 3020.122(e)(3). Any party
that intends to conduct oral crossexamination shall file a notice of intent
to do so at least 3 days before the
announced appearance of the witness.
Id. section 3020.122(e)(3).
M. Presentation of Argument
1. General Procedures
Any person that has intervened in
Docket No. N2021–1 (and thereby
formally became a party to this
proceeding) may submit written
argument by filing a brief or a statement
of position; they also may request to
present oral argument at the hearing.
See 39 CFR 3020.123, see also 39 CFR
3010.142(a). Any person that has not
intervened in Docket No. N2021–1 may
submit written argument by filing a
statement of position. See 39 CFR
3020.123(g), see also 39 CFR
3010.142(a).
2. Presentation of Written Argument
A brief is a written document that
addresses relevant legal and evidentiary
issues for the Commission to consider
and must adhere to the requirements of
39 CFR 3020.123(a)–(f). A statement of
position is a less formal version of a
brief that describes the filer’s position
on the Request and the information on
the existing record in support of that
position. See 39 CFR 3020.123(g).
12 This rule also requires designation of written
cross-examination and provision of hard copies. 39
CFR 3020.122(e)(2). The Commission or presiding
officer shall provide guidance on designation for a
virtual hearing if necessary and in advance of such
hearing.
E:\FR\FM\29APN1.SGM
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Federal Register / Vol. 86, No. 81 / Thursday, April 29, 2021 / Notices
a. Briefing Deadlines
Assuming that no rebuttal case is
filed, initial briefs are due June 11,
2021, and reply briefs are due June 18,
2021. If any party files a notice
confirming its intent to file a rebuttal
case by May 28, 2021, then the briefing
schedule may be revised.
b. Deadline for Statement of Position
Any interested person, including
anyone that has not filed a notice of
intervention and become a party to this
proceeding, may file a statement of
position. See 39 CFR 3020.123(g), see
also 39 CFR 3010.142(a). A statement of
position is limited to the existing record
and may not include any new
evidentiary material. See 39 CFR
3020.123(g). Filings styled as a brief or
comments, conforming with the content
and timing requirements, shall be
deemed statements of positions. Any
statement of position is due June 11,
2021.
jbell on DSKJLSW7X2PROD with NOTICES
3. Request To Present Oral Argument
Oral argument has not historically
been part of N-cases; the Commission
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18:32 Apr 28, 2021
Jkt 253001
would only grant a request to present
oral argument upon an appropriate
showing of need by the presenting
party. See Order No. 2080 at 53. The
Commission or presiding officer shall
set a deadline for filing a request to
present oral argument at the hearing.
N. The Commission’s Advisory Opinion
Unless there is a determination of
good cause for extension, the
Commission shall issue its advisory
opinion within 90 days of the filing of
the Request. See 39 CFR 3020.102(a).
Therefore, absent a determination of
good cause for extension, the
Commission shall issue its advisory
opinion in this proceeding by July 20,
2021. ‘‘The opinion shall be in writing
and shall include a certification by each
Commissioner agreeing with the
opinion that in his [or her] judgment the
opinion conforms to the policies
established under [title 39, United
States Code].’’ 39 U.S.C. 3661(c). The
advisory opinion shall address the
specific changes proposed by the Postal
Service in the nature of postal services.
See 39 CFR 3020.102(b).
PO 00000
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Fmt 4703
Sfmt 4703
22723
O. Public Representative
Pursuant to 39 U.S.C. 3661(c), Samuel
M. Poole shall continue to serve as an
officer of the Commission (Public
Representative) to represent the
interests of the general public in this
proceeding. See Order No. 5848 at 4.
V. Ordering Paragraphs
It is ordered:
1. The procedural schedule for this
proceeding is set forth below the
signature of this order.
2. Pursuant to 39 U.S.C. 3661(c),
Samuel M. Poole shall continue to serve
as an officer of the Commission (Public
Representative) to represent the
interests of the general public in this
proceeding.
3. The Secretary shall arrange for
publication of this order in the Federal
Register.
By the Commission.
Erica A. Barker,
Secretary.
BILLING CODE 7710–FW–P
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Federal Register / Vol. 86, No. 81 / Thursday, April 29, 2021 / Notices
Procedural Schedule for Docket No. N2021-1
(Established by the Commission, April 23, 2021)
Deadline to Email N2021-1registration@prc.gov to Register
April 27, 2021
to Participate in the Live Technical Conference via WebEx
Filing of the Postal Service's Materials for the Technical
April 29, 2021
Conference
April 30, 2021, at 11 :00
Technical Conference (live via WebEx)
a.m. Eastern Daylight
Time
Filing of Notice of Intervention
May 5, 2021
Filing of Discovery Requests
May 19, 2021
Filing of the Postal Service's Answers to Discovery
May 26, 2021
Filing of Notice Confirming Intent to File a Rebuttal Case
May 28, 2021
Filing of Rebuttal Case
June 2, 2021
Filing of Motion for Leave to File Surrebuttal Case
June 4, 2021
Filing of Response to Motion for Leave to File Surrebuttal
June 7, 2021
Case
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June 9, 2021
Sfmt 4725
E:\FR\FM\29APN1.SGM
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EN29AP21.003
jbell on DSKJLSW7X2PROD with NOTICES
Filing of Surrebuttal Case (if authorized)
Federal Register / Vol. 86, No. 81 / Thursday, April 29, 2021 / Notices
Hearings (with no Rebuttal Case)
June 2 to 4, 2021
Hearings (with Rebuttal Case, but no authorized Surrebuttal
June 9 to 11, 2021
22725
Case)
Hearings (with Rebuttal Case and authorized Surrebuttal
June 14 to 16, 2021
Case)
Filing of Initial Briefs (with no Rebuttal Case)
June 11, 2021
Filing of Reply Briefs (with no Rebuttal Case)
June 18, 2021
Filing of Statement of Position (with no Rebuttal Case)
June 11, 2021
Filing of Advisory Opinion (absent determination of good
July 20, 2021
cause for extension)
BILLING CODE 7710–FW–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–91663; File No. SR–NYSE–
2020–98]
Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Filing of Proposed Rule Change, as
Modified by Amendment No. 2, To
Amend Its Rules To Prohibit Member
Organizations From Seeking
Reimbursement, in Certain
Circumstances, From Issuers for
Forwarding Proxy and Other Materials
to Beneficial Owners
jbell on DSKJLSW7X2PROD with NOTICES
April 23, 2021.
On November 30, 2020, New York
Stock Exchange LLC (‘‘NYSE’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission (‘‘SEC’’ or
‘‘Commission’’), pursuant to Section
19(b)(1) of the Securities Exchange Act
of 1934 (‘‘Act’’) 1 and Rule 19b-4
thereunder,2 a proposed rule change to
amend its rules to prohibit member
organizations from seeking
reimbursement, in certain
circumstances, from issuers for
forwarding proxy and other materials to
beneficial owners. The proposed rule
1 15
2 17
U.S.C. 78s(b)(1).
CFR 240.19b–4.
VerDate Sep<11>2014
18:32 Apr 28, 2021
Jkt 253001
change was published for comment in
the Federal Register on December 18,
2020.3 On January 29, 2021, pursuant to
Section 19(b)(2) of the Act,4 the
Commission designated a longer period
within which to either approve the
proposed rule change, disapprove the
proposed rule change, or institute
proceedings to determine whether to
disapprove the proposed rule change.5
On March 17, 2021, the Commission
instituted proceedings under Section
19(b)(2)(B) of the Act to determine
whether to approve or disapprove the
proposed rule change.6 On April 6,
2021, the Exchange filed Amendment
No. 1 to the proposed rule change; the
Exchange withdrew that amendment on
April 16, 2021. On April 16, 2021, the
Exchange filed Amendment No. 2 to the
proposed rule change, which
superseded the proposed rule change as
originally filed, and is described in
Items I and II below, which Items have
been prepared by the Exchange. The
Commission is publishing this notice to
solicit comments on the proposed rule
3 See Securities Exchange Act Release No. 90653
(December 14, 2020), 85 FR 82539 (December 18,
2020). Comments received on the proposed rule
change are available on the Commission’s website
at: https://www.sec.gov/comments/sr-nyse-2020-98/
srnyse202098.htm.
4 15 U.S.C. 78s(b)(2).
5 See Securities Exchange Act Release No. 91011
(January 29, 2021), 86 FR 8246 (February 4, 2021).
6 See Securities Exchange Act Release No. 91343
(March 17, 2021), 86 FR 15536 (March 23, 2021).
PO 00000
Frm 00101
Fmt 4703
Sfmt 4703
change, as modified by Amendment No.
2, from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend its
rules to prohibit member organizations
from seeking reimbursement from
issuers for forwarding proxy and other
materials to beneficial owners who
received shares from their broker at no
cost in connection with a promotion by
the broker. This Amendment No. 2
amends and restates the original filing
in its entirety.7 The proposed rule
7 The NYSE previously filed a proposed rule
filing to amend its rules to prohibit member
organizations from seeking reimbursement from
issuers for forwarding proxy and other materials to
beneficial owners who received shares from their
broker at no cost or at a substantially discounted
price in connection with a promotion by the broker.
See SR–NYSE–2020–98 (November 30, 2020). The
proposed rule change was published for comment
in the Federal Register on December 18, 2020. See
Securities Exchange Act Release No. 90653
(December 14, 2020), 85 FR 82539 (December 18.
2020). On January 29, 2021, pursuant to Section
19(b)(2) of the Exchange Act, the Commission
designated a longer period within which to either
approve the proposed rule change, disapprove the
proposed rule change, or institute proceedings to
determine whether to disapprove the proposed rule
change. See Securities Exchange Act Release No.
91011 (January 29, 2021), 86 FR 8246 (February 4,
2021). By an order dated March 17, 2021, the
Commission instituted proceedings under Section
19(b)(2)(B) to determine whether to approve or
disapprove the proposed rule change. See Securities
Exchange Act Release No. 91343 (March 17, 2021),
E:\FR\FM\29APN1.SGM
Continued
29APN1
EN29AP21.004
[FR Doc. 2021–08890 Filed 4–28–21; 8:45 am]
Agencies
[Federal Register Volume 86, Number 81 (Thursday, April 29, 2021)]
[Notices]
[Pages 22716-22725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08890]
=======================================================================
-----------------------------------------------------------------------
POSTAL REGULATORY COMMISSION
[Docket No. N2021-1; Order No. 5875]
Service Standard Changes
AGENCY: Postal Regulatory Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Commission is noticing a recently-filed Postal Service
request for an advisory opinion on the service standards for First-
Class Mail and end-to-end Periodicals. This document invites public
comments on the request and addresses several related procedural steps.
DATES: Notices of intervention are due: May 5, 2021; Live WebEx
Technical Conference: April 30, 2021, at 11:00 a.m., Eastern Daylight
Time, Virtual.
ADDRESSES: Submit notices of intervention electronically via the
Commission's Filing Online system at https://www.prc.gov. Persons
interested in intervening who cannot submit their views electronically
should contact the person identified in the FOR FURTHER INFORMATION
CONTACT.
FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at
202-789-6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Pre-Filing Issues
III. The Request
IV. Initial Administrative Actions
V. Ordering Paragraphs
I. Introduction
On April 21, 2021, the Postal Service filed a request for an
advisory opinion from the Commission regarding planned changes to the
service standards for First-Class Mail and end-to-end Periodicals.\1\
The intended effective date of the Postal Service's planned changes is
no earlier than September 1, 2021. Request at 2. The Request was filed
pursuant to 39 U.S.C. 3661 and 39 CFR part 3020. Before issuing its
advisory opinion, the Commission shall accord an opportunity for a
formal, on-the-record hearing pursuant to 5 U.S.C. 556 and 557. 39
U.S.C. 3661(c). This Order provides information on the Postal Service's
planned changes, explains and
[[Page 22717]]
establishes the process for the on-the-record hearing, and lays out the
procedural schedule to be followed in this case.
---------------------------------------------------------------------------
\1\ United States Postal Service Request for an Advisory Opinion
on Changes in the Nature of Postal Services, April 21, 2021
(Request).
---------------------------------------------------------------------------
II. Pre-Filing Issues
On March 23, 2021, the Postal Service published a ten-year
strategic plan announcing potential changes intended to achieve
financial stability and service excellence.\2\ In conjunction with this
publication, the Postal Service also filed a notice of its intent to
conduct a pre-filing conference regarding its proposed changes to the
service standards for First-Class Mail and end-to-end Periodicals,
which would ``generally affect service on a nationwide or substantially
nationwide basis.'' \3\ Further, the Postal Service announced that it
would propose amendments to the existing service standards for First-
Class Mail and end-to-end Periodicals appearing in 39 CFR part 121. See
Notice at 1; see also Request at 1.\4\
---------------------------------------------------------------------------
\2\ See United States Postal Service, Delivering for America:
Our Vision and Ten-Year Plan to Achieve Financial Sustainability and
Service Excellence, March 23, 2021, at 3, available at, https://about.usps.com/what/strategic-plans/delivering-for-america/assets/USPS_Delivering-For-America.pdf (Postal Service's Strategic Plan).
Further information related to the Postal Service's Strategic Plan
is available at, https://about.usps.com/what/strategic-plans/delivering-for-america/.
\3\ Notice of Pre-Filing Conference, March 23, 2021, at 1
(Notice) (quoting 39 U.S.C. 3661(b)).
\4\ These proposed changes were published in the Federal
Register on April 23, 2021 and are available for public review at,
https://www.govinfo.gov/content/pkg/FR-2021-04-23/pdf/2021-08463.pdf?utm_source=federalregister.gov&utm_medium=email&utm_campaign=subscription+mailing+list.
---------------------------------------------------------------------------
On March 24, 2021, the Commission issued Order No. 5848, which
established Docket No. N2021-1 to consider the Postal Service's
proposed changes, notified the public concerning the Postal Service's
pre-filing conference, and appointed a Public Representative.\5\ Due to
the COVID-19 pandemic, the Postal Service held its pre-filing
conference virtually on April 6, 2021, from 1:00 p.m. to 3:00 p.m.
Eastern Daylight Time (EDT). See Request at 2; see also Notice at 1, 4.
The Postal Service asserts that it completed the pre-filing
requirements appearing in 39 CFR 3020.111 and certifies that it has
made a good faith effort to address concerns of interested persons
about the Postal Service's proposal raised at the pre-filing
conference. See Request at 2.
---------------------------------------------------------------------------
\5\ Notice and Order Concerning the Postal Service's Pre-filing
Conference, March 24, 2021, at 1-2, 4 (Order No. 5848).
---------------------------------------------------------------------------
III. The Request
A. The Postal Service's Planned Changes
The Postal Service plans for these changes to become effective no
earlier than September 1, 2021. See id. at 2. For First-Class Mail
within the contiguous United States, the Postal Service states that its
proposal would narrow the scope of the existing 2-Day and 3-Day
standards; instead 4-Day and 5-Day standards would apply to certain
First-Class Mail traveling longer distances between origin and
destination. See id. at 3.
The Postal Service states that most First-Class Mail volume will be
unaffected by the proposed changes. See id. at 4. It observes that
First-Class Mail subject to the existing 1-Day (Overnight) service
standard will not be affected. See id. at 3-4. Overall, the Postal
Service asserts that approximately 70 percent of First-Class Mail
volume would be subject to the proposed 1-Day, 2-Day, or 3-Day service
standards; approximately 21 percent of First-Class Mail volume would be
subject to the proposed 4-Day service standard; and approximately 10
percent of First-Class Mail volume would be subject to the proposed 5-
Day service standard.\6\
---------------------------------------------------------------------------
\6\ See id. at 4. These figures total 101 percent due to
rounding.
---------------------------------------------------------------------------
The Postal Service plans to apply a 3-6-Day standard to certain
end-to-end Periodicals merged with First-Class Mail for surface
transportation, specifying that the Periodicals standard would equal
the sum of 1 day plus the applicable First-Class Mail service standard.
See id. at 6.
Specifically, the Postal Service proposes to apply the following
standards to First-Class Mail.
[[Page 22718]]
[GRAPHIC] [TIFF OMITTED] TN29AP21.000
B. The Postal Service's Position
The Postal Service states that the existing service standards do
not reflect declining mail volumes and that attempting to meet the
existing service standards has led to high costs, transportation
inefficiencies, and difficulties in providing reliable and consistent
service performance. See Request at 6. The Postal Service explains that
transporting mail by surface (trucks) is more reliable and cost-
effective than air transportation. See id. at 7. The Postal Service
asserts that the proposed changes would allow the Postal Service to use
surface rather than air transportation for more mailpieces between
additional Postal Service origin and destination processing facilities
(OD Pairs). See id. at 3, 7-8. The Postal Service states that the
proposed changes could generate a net improvement to the Postal
Service's finances of approximately $174.8 million annually, when
considering transportation cost savings. See id. at 9.
The Postal Service asserts that implementing the proposed changes
would enable it to: Provide more reliable and consistent service
performance, improve its ability to run according to its operating
plans and optimize its surface transportation network, increase its use
of more cost-effective air carriers for volume that will continue to be
transported by air (such as volume destined for non-contiguous areas),
achieve significant cost savings due to the creation of a more
efficient transportation network, and implement future operational
benefits. See id. at 6-9. It adds that the proposed changes are a key
component of the Postal Service's Strategic Plan, intended to achieve
financial stability and service excellence. See id. at 9-10.
Further, the Postal Service asserts that the proposed changes
achieve the
[[Page 22719]]
objectives of 39 U.S.C. 3691(b)(1) better than the existing service
standards. See id. at 10-12. The Postal Service contends that it has
taken into account the factors set forth in 39 U.S.C. 3691(c),
including the broader policies of title 39, United States Code, as
required by 39 U.S.C. 3691(c)(8). See id. at 10-13. The Postal Service
discusses how it will continue to satisfy the universal service
provisions appearing in 39 U.S.C. 101, 403, and 3661(a) under the
proposed service standards. See id.
C. The Postal Service's Direct Case
The Postal Service is required to file its direct case along with
the Request. See 39 CFR 3020.114. The Postal Service's direct case
includes all of the prepared evidence and testimony upon which the
Postal Service proposes to rely on in order to establish that its
proposal accords with and conforms to the policies of title 39, United
States Code. See id. The Postal Service provides the direct testimony
of five witnesses and identifies a sixth individual to serve as its
institutional witness and provide information relevant to the Postal
Service's proposal that is not provided by other Postal Service
witnesses.
[GRAPHIC] [TIFF OMITTED] TN29AP21.001
Additionally, the Postal Service filed eight library references,
six of which are available to the public and two of which are
designated as non-public material.
[[Page 22720]]
[GRAPHIC] [TIFF OMITTED] TN29AP21.002
IV. Initial Administrative Actions
A. General Procedures
The procedural rules in 39 CFR part 3020 apply to Docket No. N2021-
1. Before issuing its advisory opinion, the Commission shall accord an
opportunity for a formal, on-the-record hearing pursuant to 5 U.S.C.
556 and 557. 39 U.S.C. 3661(c). The Commission will sit en banc for
Docket No. N2021-1. See 39 CFR 3020.122(b). Due to the COVID-19
pandemic, the Commission is conducting all business, including any
hearing or public meeting for Docket No. N2021-1 virtually and not in
person.
B. Scope
Docket No. N2021-1 is limited in scope to the specific changes
proposed by the Postal Service in its Request. See 39 CFR 3020.102(b).
To the extent that participants raise alternative proposals and present
reasons why those alternatives may be superior to the Postal Service's
proposal, the Commission would interpret such discussion as critiquing
the specific changes proposed by the Postal Service in its Request.\7\
However, the Commission would not evaluate or opine on the merits of
such alternative proposal in its advisory opinion. See Order No. 2080
at 18. Pursuant to its discretion, the Commission may undertake
evaluation of alternatives or other issues raised by participants in
separate proceedings (such as special studies or public inquires). See
39 CFR 3020.102(b). Moreover, any interested person may petition the
Commission to initiate a separate proceeding (such as a rulemaking or
public inquiry) at any time. See 39 CFR 3010.201(b) (initiation of
notice and comment proceedings).
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\7\ See Docket No. RM2012-4, Order Adopting Amended Rules of
Procedure for Nature of Service Proceedings Under 39 U.S.C. 3661,
May 20, 2014, at 18 (Order No. 2080).
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C. Procedural Schedule
The Commission establishes a procedural schedule, which appears
below the signature of this Order. See 39 CFR 3010.151, 3020.110; see
also 39 CFR part 3020 Appendix A. These dates may be changed only if
good cause is shown, if the Commission later determines that the
Request is incomplete, if the Commission determines that the Postal
Service has significantly modified the Request, or for other reasons as
determined by the Commission. See 39 CFR 3020.110(b) and (c).
D. How To Access Material Filed in This Proceeding
1. Using the Commission's Website
The public portions of the Postal Service's filing are available
for review on the Commission's website (https://www.prc.gov). The Postal
Service's electronic filing of the Request and prepared direct evidence
effectively serves the persons who participated in the pre-filing
conference. See 39 CFR 3020.104. Other material filed in this
proceeding will be available for review on the Commission's website,
unless the information contained therein is subject to an application
for non-public treatment. The Commission's rules on
[[Page 22721]]
how to file and access non-public material appear in 39 CFR part 3011.
2. Using Methods Other Than the Commission's Website
The Postal Service must serve hard copies of its Request and
prepared direct evidence ``only upon those persons who have notified
the Postal Service, in writing, during the pre-filing conference(s),
that they do not have access to the Commission's website.'' 39 CFR
3020.104. If you demonstrate that you are unable to effectively use the
Commission's Filing Online system or are unable to access the internet,
then the Secretary of the Commission will serve material filed in
Docket No. N2021-1 upon you via First-Class Mail. See 39 CFR
3010.127(b) and (c). You may request physical service by mailing a
document demonstrating your need to the Office of Secretary and
Administration, Postal Regulatory Commission, 901 New York Avenue NW,
Suite 200, Washington, DC 20268-0001. Service may be delayed due to the
impact of the COVID-19 pandemic. Pursuant to 39 CFR 3010.127(c), the
Secretary shall maintain a service list identifying no more than two
individuals designated for physical service of documents for each party
intervening in this proceeding. Accordingly, each party must ensure
that its listing is accurate and should promptly notify the Secretary
of any errors or changes. See 39 CFR 3010.127(c).
E. How To File Material in This Proceeding
1. Using the Commission's Filing Online System
Except as provided in 39 CFR 3010.120(a), all material filed with
the Commission shall be submitted in electronic format using the Filing
Online system, which is available over the internet through the
Commission's website. The Commission's website accepts filings during
the Commission's regular business hours, which are from 8:00 a.m.
through 4:30 p.m. EDT, except for Saturdays, Sundays, and Federal
holidays. A guide to using the Filing Online system, including how to
create an account, is available at: https://www.prc.gov/how-to-participate. If you have questions about how to use the Filing Online
system, please contact the dockets clerk by email at [email protected] or
telephone at (202) 789-6847. Please be advised that the dockets clerk
can only answer procedural questions but may not provide legal advice
or recommendations.
2. Using Methods Other Than the Commission's Filing Online System
Material may be filed using a method other than the Commission's
website only if at least one of the following exceptions applies:
The material cannot reasonably be converted to electronic
format,
The material contains non-public information (see 39 CFR
part 3011),
The filer is unable to effectively use the Commission's
Filing Online system and the document is 10 pages or fewer, or
The Secretary has approved an exception to the
requirements to use the Commission's Filing Online system based on a
showing of good cause.
39 CFR 3010.120(a).
Material subject to these exceptions may be filed by mail to the
Office of Secretary and Administration, Postal Regulatory Commission,
901 New York Avenue NW, Suite 200, Washington, DC 20268-0001. Due to
the agency's virtual status, posting mailed materials to the
Commission's website may be delayed. Accordingly, before mailing
materials, it is strongly recommended that individuals contact the
dockets clerk by email at [email protected] or telephone at (202) 789-
6847.
F. Technical Conference
1. Date and Purpose
A technical conference will be held live via WebEx on April 30,
2021, at 11:00 a.m. EDT.\8\ The technical conference is an informal,
off-the-record opportunity to clarify technical issues as well as to
identify and request information relevant to evaluating the Postal
Service's proposed changes. See 39 CFR 3020.115(c). At the technical
conference, the Postal Service will make available for questioning its
five witnesses whose direct testimony was filed along with the Request
and a sixth individual to serve as its institutional witness, who will
provide information relevant to the Postal Service's proposal that is
not provided by other Postal Service witnesses. See Request at 2, 4, 6-
9; see also 39 CFR 3020.113(b)(6)-(7), 3020.115(b). The names and
topics to which these six individuals are prepared to address are
summarized above in Section III.C., Table 2, infra.
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\8\ Normally, this technical conference would be set for day 10
(Saturday May 1, 2021) and extended to Monday May 3, 2021, in
accordance with 39 CFR 3020.103; however, the Commission is taking
into account the National Postal Forum scheduled for May 3 and 4,
2021.
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2. How To Participate in the Technical Conference
To participate in this live technical conference and have the
opportunity to ask questions of the Postal Service's six witnesses, an
individual need not formally intervene in this docket, but must
register in advance as follows. Each individual seeking to participate
in the live WebEx using an individual device (e.g., a desktop computer,
laptop, tablet, or smart phone) must register by sending an email to
[email protected] with the subject line ``Registration'' by
April 27, 2021. In order to facilitate orderly public participation,
this email shall provide the following information:
Your first and last name;
your email address (to receive the WebEx link);
whether or not you would like the moderator to allow you
the opportunity to question the Postal Service's witness(es), and if
so, which witness(es) you would like to question and/or the topic(s) of
your question(s); and
your affiliation (if you are participating in your
capacity as an employee, officer, or member of an entity such as a
corporation, association, or government agency).
The [email protected] email address is established solely
for the exchange of information relating to the logistics of
registering for and participating in the technical conference.\9\ No
information related to the substance of the Postal Service's Request
shall be communicated, nor shall any information provided by
participants apart from the list identified above be reviewed or
considered. Only documents filed with the Commission's docket system
will be considered by the Commission. Before the technical conference,
the Commission will email each identified individual a WebEx link, an
explanation of how to connect to the technical conference, and
information regarding the schedule and procedures to be followed.
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\9\ Please refer to the Commission's privacy policy which is
available at, https://www.prc.gov/privacy.
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3. Availability of Materials and Recording
To facilitate discussion of the matters to be explored at the
technical conference, the Postal Service shall, if necessary, file with
the Commission any materials not already filed in Docket No. N2021-1
(such as PowerPoint presentations or Excel spreadsheets) that the
Postal Service expects to present at the technical conference by April
29, 2021. Doing so will foster an orderly discussion of the matters
under consideration and facilitate the ability of individuals to access
these materials should technical issues arise for any
[[Page 22722]]
participants during the live WebEx. After the live WebEx, if feasible,
the Commission shall make the recording available and provide notice of
where to access it in this docket. Participants in the WebEx, by
participating, consent to such recording and posting. Information
obtained during the technical conference or as a result of the
technical conference is not part of the decisional record, unless
admitted under the standards of 39 CFR 3010.322. See id. section
3020.115(e).
G. How To Intervene (Become a Party to This Proceeding)
To become a party to this proceeding, a person or entity must file
a notice of intervention by May 5, 2021.\10\ This filing must clearly
and concisely state: The nature and extent of the intervenor's interest
in the issues (including the postal services used), the intervenor's
position on the proposed changes in services (to the extent known),
whether or not the intervenor requests a hearing, and whether or not
the intervenor intends to actively participate in the hearing. See 39
CFR 3010.142(b). Page one of this filing shall contain the name and
full mailing address of no more than two persons who are to receive
service, when necessary, of any documents relating to this proceeding.
See id. A party may participate in discovery; file testimony and
evidence; conduct written examination of witnesses; conduct limited
oral cross-examination; file briefs, motions, and objections; and
present argument before the Commission or the presiding officer. See
id. sections 3010.142(a); 3020.122(e). An opposition to a notice of
intervention is due within 3 days after the notice of intervention is
filed. See id. section 3010.142(d)(2).
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\10\ Neither the Public Representative nor the Postal Service
must file a notice of intervention; both are automatically deemed
parties to this proceeding. See 39 CFR 3010.142(a).
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H. Discovery
1. Generally Applicable Discovery Procedures
Discovery requests may be propounded upon filing a notice of
intervention. Discovery that is reasonably calculated to lead to the
admissible evidence is allowed. See id. section 3020.116(a). Each
answer to a discovery request is due within 7 days after the discovery
request is filed.\11\ Any motion seeking to be excused from answering
any discovery request is due within 3 days after the discovery request
is filed. See 39 CFR 3020.105(b)(1). Any response to such motion is due
within 2 days after the motion is filed. See id. section
3020.105(b)(2). The Commission expects parties to make judicious use of
discovery, objections, and motions practice, and encourages parties to
make every effort to confer to resolve disputes informally before
bringing disputes to the Commission to resolve.
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\11\ See 39 CFR 3020.117(b)(4), 3020.118(b)(1), 3020.119(b)(1).
Filing an opposition to a notice of intervention shall not delay
this deadline. See 39 CFR 3010.142(d)(3).
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2. Discovery Deadlines for the Postal Service's Direct Case
All discovery requests regarding the Postal Service's direct case
must be filed by May 19, 2021. All discovery answers by the Postal
Service must be filed by May 26, 2021. The parties are urged to
initiate discovery promptly, rather than to defer filing requests and
answers to the end of the period established by the Commission.
I. Rebuttal Case Deadlines
A rebuttal case is any evidence and testimony offered to disprove
or contradict the evidence and testimony submitted by the Postal
Service. A rebuttal case does not include cross-examination of the
Postal Service's witnesses or argument submitted via a brief or
statement of position. Any party that intends to file a rebuttal case
must file a notice confirming its intent to do so by May 28, 2021. Any
rebuttal case, consisting of any testimony and all materials in support
of the case, must be filed by June 2, 2021.
J. Surrebuttal Case Deadlines
A surrebuttal case is any evidence and testimony offered to
disprove or contradict the evidence and testimony submitted by the
rebutting party. A surrebuttal case does not include cross-examination
of the rebutting party's witnesses or argument submitted via a brief or
statement of position. Any party that intends to file surrebuttal case
must obtain the Commission's prior approval. See 39 CFR 3020.121(b).
Any motion for leave to file a surrebuttal case is due June 4, 2021.
Any response to such motion is due June 7, 2021. Any surrebuttal case,
consisting of any testimony and all materials in support of the case,
must be filed by June 9, 2021.
K. Hearing Dates
If no party files a notice of intent to file a rebuttal case by May
28, 2021, then the hearing of the Postal Service's direct case shall
begin June 2, 2021 and end June 4, 2021. If any party files a notice of
intent to file a rebuttal case by May 28, 2021 but no surrebuttal
testimony will be presented, then the hearing of the Postal Service's
direct case shall begin June 9, 2021, and the hearing of the rebuttal
case shall end June 11, 2021. If any party files a notice of intent to
file a rebuttal case by May 28, 2021, and the Commission approves the
presentation of surrebuttal testimony, then the hearing of the Postal
Service's direct case shall begin June 14, 2021, and the hearing of the
surrebuttal case shall end June 16, 2021.
L. Presentation of Evidence and Testimony
Evidence and testimony shall be in writing and may be accompanied
by a trial brief or legal memoranda. Id. section 3020.122(e)(1).
Whenever possible and particularly for factual or statistical evidence,
written cross-examination will be used in lieu of oral cross-
examination. Id. section 3020.122(e)(2).\12\ Oral cross-examination
will be allowed to clarify written cross-examination and/or to test
assumptions, conclusions, or other opinion evidence. Id. section
3020.122(e)(3). Any party that intends to conduct oral cross-
examination shall file a notice of intent to do so at least 3 days
before the announced appearance of the witness. Id. section
3020.122(e)(3).
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\12\ This rule also requires designation of written cross-
examination and provision of hard copies. 39 CFR 3020.122(e)(2). The
Commission or presiding officer shall provide guidance on
designation for a virtual hearing if necessary and in advance of
such hearing.
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M. Presentation of Argument
1. General Procedures
Any person that has intervened in Docket No. N2021-1 (and thereby
formally became a party to this proceeding) may submit written argument
by filing a brief or a statement of position; they also may request to
present oral argument at the hearing. See 39 CFR 3020.123, see also 39
CFR 3010.142(a). Any person that has not intervened in Docket No.
N2021-1 may submit written argument by filing a statement of position.
See 39 CFR 3020.123(g), see also 39 CFR 3010.142(a).
2. Presentation of Written Argument
A brief is a written document that addresses relevant legal and
evidentiary issues for the Commission to consider and must adhere to
the requirements of 39 CFR 3020.123(a)-(f). A statement of position is
a less formal version of a brief that describes the filer's position on
the Request and the information on the existing record in support of
that position. See 39 CFR 3020.123(g).
[[Page 22723]]
a. Briefing Deadlines
Assuming that no rebuttal case is filed, initial briefs are due
June 11, 2021, and reply briefs are due June 18, 2021. If any party
files a notice confirming its intent to file a rebuttal case by May 28,
2021, then the briefing schedule may be revised.
b. Deadline for Statement of Position
Any interested person, including anyone that has not filed a notice
of intervention and become a party to this proceeding, may file a
statement of position. See 39 CFR 3020.123(g), see also 39 CFR
3010.142(a). A statement of position is limited to the existing record
and may not include any new evidentiary material. See 39 CFR
3020.123(g). Filings styled as a brief or comments, conforming with the
content and timing requirements, shall be deemed statements of
positions. Any statement of position is due June 11, 2021.
3. Request To Present Oral Argument
Oral argument has not historically been part of N-cases; the
Commission would only grant a request to present oral argument upon an
appropriate showing of need by the presenting party. See Order No. 2080
at 53. The Commission or presiding officer shall set a deadline for
filing a request to present oral argument at the hearing.
N. The Commission's Advisory Opinion
Unless there is a determination of good cause for extension, the
Commission shall issue its advisory opinion within 90 days of the
filing of the Request. See 39 CFR 3020.102(a). Therefore, absent a
determination of good cause for extension, the Commission shall issue
its advisory opinion in this proceeding by July 20, 2021. ``The opinion
shall be in writing and shall include a certification by each
Commissioner agreeing with the opinion that in his [or her] judgment
the opinion conforms to the policies established under [title 39,
United States Code].'' 39 U.S.C. 3661(c). The advisory opinion shall
address the specific changes proposed by the Postal Service in the
nature of postal services. See 39 CFR 3020.102(b).
O. Public Representative
Pursuant to 39 U.S.C. 3661(c), Samuel M. Poole shall continue to
serve as an officer of the Commission (Public Representative) to
represent the interests of the general public in this proceeding. See
Order No. 5848 at 4.
V. Ordering Paragraphs
It is ordered:
1. The procedural schedule for this proceeding is set forth below
the signature of this order.
2. Pursuant to 39 U.S.C. 3661(c), Samuel M. Poole shall continue to
serve as an officer of the Commission (Public Representative) to
represent the interests of the general public in this proceeding.
3. The Secretary shall arrange for publication of this order in the
Federal Register.
By the Commission.
Erica A. Barker,
Secretary.
BILLING CODE 7710-FW-P
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[GRAPHIC] [TIFF OMITTED] TN29AP21.003
[[Page 22725]]
[GRAPHIC] [TIFF OMITTED] TN29AP21.004
[FR Doc. 2021-08890 Filed 4-28-21; 8:45 am]
BILLING CODE 7710-FW-P