Service Standard Changes, 76264-76265 [2023-24380]

Download as PDF 76264 Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Notices Postal Service for each request. For each request, the Commission appoints an officer of the Commission to represent the interests of the general public in the proceeding, pursuant to 39 U.S.C. 505 (Public Representative). Section II also establishes comment deadline(s) pertaining to each request. The public portions of the Postal Service’s request(s) can be accessed via the Commission’s website (https:// www.prc.gov). Non-public portions of the Postal Service’s request(s), if any, can be accessed through compliance with the requirements of 39 CFR 3011.301.1 The Commission invites comments on whether the Postal Service’s request(s) in the captioned docket(s) are consistent with the policies of title 39. For request(s) that the Postal Service states concern Market Dominant product(s), applicable statutory and regulatory requirements include 39 U.S.C. 3622, 39 U.S.C. 3642, 39 CFR part 3030, and 39 CFR part 3040, subpart B. For request(s) that the Postal Service states concern Competitive product(s), applicable statutory and regulatory requirements include 39 U.S.C. 3632, 39 U.S.C. 3633, 39 U.S.C. 3642, 39 CFR part 3035, and 39 CFR part 3040, subpart B. Comment deadline(s) for each request appear in section II. II. Docketed Proceeding(s) 1. Docket No(s).: MC2024–29 and CP2024–29; Filing Title: USPS Request to Add Priority Mail Express, Priority Mail & USPS Ground Advantage Contract 12 to Competitive Product List and Notice of Filing Materials Under Seal; Filing Acceptance Date: October 30, 2023; Filing Authority: 39 U.S.C. 3642, 39 CFR 3040.130 through 3040.135, and 39 CFR 3035.105; Public Representative: Christopher C. Mohr; Comments Due: November 7, 2023. This Notice will be published in the Federal Register. Erica A. Barker, Secretary. [FR Doc. 2023–24375 Filed 11–3–23; 8:45 am] BILLING CODE 7710–FW–P POSTAL REGULATORY COMMISSION ddrumheller on DSK120RN23PROD with NOTICES1 [Docket No. C2023–6; Presiding Officer’s Ruling No. 2] Service Standard Changes Postal Regulatory Commission. Notice. The Commission is providing notice that a hearing and certain procedural events have been scheduled in this proceeding. This notice informs the public of the procedural schedule. DATES: Notices of intervention are due: November 13, 2023; Prehearing Videoconference: December 4, 2023, at 1:00 p.m., Eastern Daylight Time, Virtual. ADDRESSES: Submit notices of intervention electronically via the Commission’s Filing Online system at https://www.prc.gov. Persons interested in intervening who cannot submit their views electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT David A. Trissell, General Counsel, at 202–789–6820. For additional information, Presiding Officer’s Ruling No. 2 can be accessed electronically through the Commission’s website at https://www.prc.gov. FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 202–789–6820. SUPPLEMENTARY INFORMATION: SUMMARY: I. Procedural Schedule II. Additional Case Management Procedures III. Ruling I. Procedural Schedule Intervention. The deadline to file a notice of intervention pursuant to 39 CFR 3010.142 is November 13, 2023. Discovery. Pursuant to Order No. 6688, the Presiding Officer shall conduct limited discovery for the purpose of determining disputed issues of fact in this case.1 At the prehearing videoconference conducted on October 30, 2023, the parties agreed that the discovery process should go forward notwithstanding Complainant’s two motions pending before the Commission.2 After further discussion at the videoconference, Complainant indicated that he would file a notice on the Commission’s docket withdrawing his motion for summary judgment without prejudice to refiling once the discovery process has been completed. Should the Commission grant the motion for reconsideration or otherwise expand the scope of the issues, the Presiding Officer will take appropriate action. The parties may request that the Presiding Officer obtain specific discovery, but may not independently propound discovery on each other. AGENCY: ACTION: 1 See Docket No. RM2018–3, Order Adopting Final Rules Relating to Non-Public Information, June 27, 2018, Attachment A at 19–22 (Order No. 4679). VerDate Sep<11>2014 17:53 Nov 03, 2023 Jkt 262001 1 Order Partially Denying United States Postal Service’s Motion to Dismiss and Notice of Limited Formal Proceedings, September 18, 2023, at 8 (Order No. 6688). 2 See Motion to Reconsider Order No. 6688, October 20, 2023; Motion for Oral Argument and Summary Judgment, October 30, 2023. PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 Order No. 6688 at 8. The parties shall email their initial information requests, encompassing both of the disputed issues of fact, to the Presiding Officer (and cc’ing the other party) no later than Monday, November 6, 2023, at 4:30 p.m.3 The parties should attach their requests to the email in Microsoft Word format. These proposed information requests need not be filed on the Commission’s public docket. Failure to submit an initial information request by the deadline without good cause may result in waiver of the party’s right to request discovery in this case. The Presiding Officer will serve information requests by filing them on the Commission’s public docket. Answers to information requests, as well as any objections or claims of privilege, are due by the date and time specified in each information request. Although the Presiding Officer will initially review the proposed information requests and reserves the right to revise or reject any proposed questions on grounds such as relevance, the Presiding Officer’s issuance of an information request should not be construed as considering or rejecting any objections or claims of privilege that could conceivably be raised. Procedures for raising good faith objections or claims of privilege, if any, will be set out in the Presiding Officer’s information request. Responses to information requests may be transmitted via email, with the Presiding Officer cc’ed, by the date and time due. Unless otherwise indicated, responses to discovery requests need not be filed on the Commission’s public docket. Further information requests submitted by the parties will be considered by the Presiding Officer only after the parties have submitted their responses to the initial information requests. Pursuant to 39 CFR 3010.170, the Presiding Officer may issue information requests on his own initiative, either independently or along with requests submitted by the parties. The parties are advised, however, that issuance of additional information requests will be considered on a caseby-case basis and is not guaranteed, particularly if the party could have requested the information sought in its initial information request. Prehearing videoconference. A prehearing videoconference is scheduled to be conducted before the Presiding Officer on December 4, 2023, at 1:00 p.m. Among other things, this videoconference will discuss procedures for the presentation of 3 All E:\FR\FM\06NON1.SGM times in this Ruling are Eastern Time. 06NON1 Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 evidence and legal arguments, the need for any additional information requests, as well as the resolution of any pending discovery-related disputes. Additional prehearing conferences may be scheduled as needed. Presentation of evidence. The issue of whether the hearing will involve the presentation of oral versus written testimony (including whether it may be appropriate to supplement written testimony with oral testimony for certain witnesses on particular issues in dispute) will be addressed more fully at the December 4, 2023, prehearing videoconference. Hearing. The date on which the hearing of evidence shall begin will be addressed at the December 4, 2023, prehearing teleconference. II. Additional Case Management Procedures Good faith effort to confer. A good faith effort to confer with the opposing party requires at least the placing of one telephone call or the transmittal of one email message to the opposing party or its counsel. Discovery motions. The parties must make a good faith effort to confer with the opposing party to attempt to resolve any discovery dispute before filing any motions related to discovery. The Presiding Officer will not entertain a motion to compel discovery, motion for sanctions, motion for protective order, or any other discovery motions until this good faith effort has been made. If this good faith effort is unsuccessful, the motion shall (1) state that a good faith effort has been made to resolve the dispute, (2) attach each disputed discovery request, answer, and objection (if applicable), (3) provide available dates and times for a hearing to be conducted by videoconference, and (4) concisely state the relief sought, the basis therefor, and the authority relied upon. Any party opposing the motion shall file a response no later than 7 days after the motion is filed. See 39 CFR 3010.160(b). No replies shall be permitted without express authorization of the Presiding Officer. See 39 CFR 3010.160(c). Failure to file a timely response may result in the motion being deemed unopposed. The Presiding Officer may decide the dispute based on the motion and any response, set a hearing to be conducted by videoconference, or order further briefing. Extension of time or continuance. If either party seeks an extension of time or continuance, they must make a good faith effort to confer with the opposing party to determine a proposed mutually agreeable date before filing a motion. VerDate Sep<11>2014 17:53 Nov 03, 2023 Jkt 262001 The motion must be filed before the specific deadline expires and shall state whether the other party opposes the motion. Extensions of time or continuances will only be granted for good cause shown. Waiver or modification. If either party seeks to waive or modify the terms of any Presiding Officer’s Ruling, the party must make a good faith effort to confer with the opposing party to determine a proposed mutually agreeable resolution before filing a motion. The Presiding Officer may waive or modify the terms of his order for good cause shown. Oral argument. If either party requests to present oral argument before the Presiding Officer relating to any motion or brief, the party shall include ‘‘ORAL ARGUMENT REQUESTED’’ in the caption or title on page 1 of the applicable motion, response, or brief. III. Ruling 1. The deadline to file a notice of intervention pursuant to 39 CFR 3010.142 is November 13, 2023. 2. A prehearing videoconference will be conducted before the Presiding Officer on December 4, 2023, at 1:00 p.m. 3. The parties and counsel shall follow the procedural schedule and case management procedures established by this Presiding Officer’s Ruling. 4. The Secretary shall arrange for publication of the deadline to file a notice of intervention and the date of the prehearing videoconference in the Federal Register. Erica A. Barker, Secretary. [FR Doc. 2023–24380 Filed 11–3–23; 8:45 am] BILLING CODE 7710–FW–P POSTAL SERVICE Sunshine Act Meetings Monday, November 13, 2023, at 1:00 p.m.; Tuesday, November 14, 2023, at 12:00 p.m. PLACE: Washington, DC, at U.S. Postal Service Headquarters, 475 L’Enfant Plaza SW, in the Benjamin Franklin Room. STATUS: Monday, November 13, 2023, at 1:00 p.m.—Closed. Tuesday, November 14, 2023, at 12:00 p.m.—Open. MATTERS TO BE CONSIDERED: TIME AND DATE: Meeting of the Board of Governors Monday, November 13, 2023, at 1:00 p.m. (Closed) 1. Strategic Issues 2. Financial and Operational Matters PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 76265 3. Compensation and Personnel Matters 4. Executive Session 5. Administrative Items Tuesday, November 14, 2023, at 12:00 p.m. (Open) 1. Remarks of the Chairman of the Board of Governors 2. Remarks of the Postmaster General and CEO 3. Approval of the Minutes 4. Committee Reports 5. Financial Matters a. FY2023 Annual Financial Report b. FY2023 10K and Financial Statements c. Annual Report to Congress d. FY2024 Integrated Financial Plan and Liquidity Outlook e. FY2025 Congressional Reimbursement Request 6. Quarterly Service Performance Report 7. Approval of Tentative Agenda for the February 8, 2024 Meeting 8. Election of the Chairman and Vice Chairman A public comment period will begin immediately following the adjournment of the open session on November 14, 2023, and shall last no more than 40 minutes. During the public comment period, members of the public present at the meeting may comment on any item or subject listed on the agenda for the open session. Registration of speakers at the public comment period is required. Speakers must register online at https:// www.surveymonkey.com/r/bog-11-142023. No more than 30 minutes of the public comment period shall be allotted to registered speakers present at the meeting, and no more than three minutes shall be allotted to each speaker. The time allotted to each speaker will be determined after registration closes. Registration to speak during the public comment period shall end on November 9 at noon ET. Additionally, a select number of written comments will be read in whole or in part during the public comment period for no more than 10 minutes. Written comments on any item or subject listed on the agenda for the open session may be submitted by United States Mail to the address below or to the email address bog-inquiries@usps.gov. If submitted by email, written comments must include a valid email address for the person submitting the comment and the words ‘‘Public Comment Period’’ in the subject line. Written comments must be received before November 9 at noon ET. Participation in the public comment period is governed by 39 CFR 232.1(n). The next public comment period is scheduled for November 2024. CONTACT PERSON FOR MORE INFORMATION: Michael J. Elston, Secretary of the E:\FR\FM\06NON1.SGM 06NON1

Agencies

[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Notices]
[Pages 76264-76265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24380]


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POSTAL REGULATORY COMMISSION

[Docket No. C2023-6; Presiding Officer's Ruling No. 2]


Service Standard Changes

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: The Commission is providing notice that a hearing and certain 
procedural events have been scheduled in this proceeding. This notice 
informs the public of the procedural schedule.

DATES: Notices of intervention are due: November 13, 2023; Prehearing 
Videoconference: December 4, 2023, at 1:00 p.m., Eastern Daylight Time, 
Virtual.

ADDRESSES: Submit notices of intervention electronically via the 
Commission's Filing Online system at https://www.prc.gov. Persons 
interested in intervening who cannot submit their views electronically 
should contact the person identified in the FOR FURTHER INFORMATION 
CONTACT David A. Trissell, General Counsel, at 202-789-6820. For 
additional information, Presiding Officer's Ruling No. 2 can be 
accessed electronically through the Commission's website at https://www.prc.gov.

FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 
202-789-6820.

SUPPLEMENTARY INFORMATION: 
I. Procedural Schedule
II. Additional Case Management Procedures
III. Ruling

I. Procedural Schedule

    Intervention. The deadline to file a notice of intervention 
pursuant to 39 CFR 3010.142 is November 13, 2023.
    Discovery. Pursuant to Order No. 6688, the Presiding Officer shall 
conduct limited discovery for the purpose of determining disputed 
issues of fact in this case.\1\
---------------------------------------------------------------------------

    \1\ Order Partially Denying United States Postal Service's 
Motion to Dismiss and Notice of Limited Formal Proceedings, 
September 18, 2023, at 8 (Order No. 6688).
---------------------------------------------------------------------------

    At the prehearing videoconference conducted on October 30, 2023, 
the parties agreed that the discovery process should go forward 
notwithstanding Complainant's two motions pending before the 
Commission.\2\ After further discussion at the videoconference, 
Complainant indicated that he would file a notice on the Commission's 
docket withdrawing his motion for summary judgment without prejudice to 
refiling once the discovery process has been completed. Should the 
Commission grant the motion for reconsideration or otherwise expand the 
scope of the issues, the Presiding Officer will take appropriate 
action.
---------------------------------------------------------------------------

    \2\ See Motion to Reconsider Order No. 6688, October 20, 2023; 
Motion for Oral Argument and Summary Judgment, October 30, 2023.
---------------------------------------------------------------------------

    The parties may request that the Presiding Officer obtain specific 
discovery, but may not independently propound discovery on each other. 
Order No. 6688 at 8. The parties shall email their initial information 
requests, encompassing both of the disputed issues of fact, to the 
Presiding Officer (and cc'ing the other party) no later than Monday, 
November 6, 2023, at 4:30 p.m.\3\ The parties should attach their 
requests to the email in Microsoft Word format. These proposed 
information requests need not be filed on the Commission's public 
docket. Failure to submit an initial information request by the 
deadline without good cause may result in waiver of the party's right 
to request discovery in this case.
---------------------------------------------------------------------------

    \3\ All times in this Ruling are Eastern Time.
---------------------------------------------------------------------------

    The Presiding Officer will serve information requests by filing 
them on the Commission's public docket. Answers to information 
requests, as well as any objections or claims of privilege, are due by 
the date and time specified in each information request. Although the 
Presiding Officer will initially review the proposed information 
requests and reserves the right to revise or reject any proposed 
questions on grounds such as relevance, the Presiding Officer's 
issuance of an information request should not be construed as 
considering or rejecting any objections or claims of privilege that 
could conceivably be raised. Procedures for raising good faith 
objections or claims of privilege, if any, will be set out in the 
Presiding Officer's information request.
    Responses to information requests may be transmitted via email, 
with the Presiding Officer cc'ed, by the date and time due. Unless 
otherwise indicated, responses to discovery requests need not be filed 
on the Commission's public docket.
    Further information requests submitted by the parties will be 
considered by the Presiding Officer only after the parties have 
submitted their responses to the initial information requests. Pursuant 
to 39 CFR 3010.170, the Presiding Officer may issue information 
requests on his own initiative, either independently or along with 
requests submitted by the parties. The parties are advised, however, 
that issuance of additional information requests will be considered on 
a case-by-case basis and is not guaranteed, particularly if the party 
could have requested the information sought in its initial information 
request.
    Prehearing videoconference. A prehearing videoconference is 
scheduled to be conducted before the Presiding Officer on December 4, 
2023, at 1:00 p.m. Among other things, this videoconference will 
discuss procedures for the presentation of

[[Page 76265]]

evidence and legal arguments, the need for any additional information 
requests, as well as the resolution of any pending discovery-related 
disputes. Additional prehearing conferences may be scheduled as needed.
    Presentation of evidence. The issue of whether the hearing will 
involve the presentation of oral versus written testimony (including 
whether it may be appropriate to supplement written testimony with oral 
testimony for certain witnesses on particular issues in dispute) will 
be addressed more fully at the December 4, 2023, prehearing 
videoconference.
    Hearing. The date on which the hearing of evidence shall begin will 
be addressed at the December 4, 2023, prehearing teleconference.

II. Additional Case Management Procedures

    Good faith effort to confer. A good faith effort to confer with the 
opposing party requires at least the placing of one telephone call or 
the transmittal of one email message to the opposing party or its 
counsel.
    Discovery motions. The parties must make a good faith effort to 
confer with the opposing party to attempt to resolve any discovery 
dispute before filing any motions related to discovery. The Presiding 
Officer will not entertain a motion to compel discovery, motion for 
sanctions, motion for protective order, or any other discovery motions 
until this good faith effort has been made. If this good faith effort 
is unsuccessful, the motion shall (1) state that a good faith effort 
has been made to resolve the dispute, (2) attach each disputed 
discovery request, answer, and objection (if applicable), (3) provide 
available dates and times for a hearing to be conducted by 
videoconference, and (4) concisely state the relief sought, the basis 
therefor, and the authority relied upon. Any party opposing the motion 
shall file a response no later than 7 days after the motion is filed. 
See 39 CFR 3010.160(b). No replies shall be permitted without express 
authorization of the Presiding Officer. See 39 CFR 3010.160(c). Failure 
to file a timely response may result in the motion being deemed 
unopposed. The Presiding Officer may decide the dispute based on the 
motion and any response, set a hearing to be conducted by 
videoconference, or order further briefing.
    Extension of time or continuance. If either party seeks an 
extension of time or continuance, they must make a good faith effort to 
confer with the opposing party to determine a proposed mutually 
agreeable date before filing a motion. The motion must be filed before 
the specific deadline expires and shall state whether the other party 
opposes the motion. Extensions of time or continuances will only be 
granted for good cause shown.
    Waiver or modification. If either party seeks to waive or modify 
the terms of any Presiding Officer's Ruling, the party must make a good 
faith effort to confer with the opposing party to determine a proposed 
mutually agreeable resolution before filing a motion. The Presiding 
Officer may waive or modify the terms of his order for good cause 
shown.
    Oral argument. If either party requests to present oral argument 
before the Presiding Officer relating to any motion or brief, the party 
shall include ``ORAL ARGUMENT REQUESTED'' in the caption or title on 
page 1 of the applicable motion, response, or brief.

III. Ruling

    1. The deadline to file a notice of intervention pursuant to 39 CFR 
3010.142 is November 13, 2023.
    2. A prehearing videoconference will be conducted before the 
Presiding Officer on December 4, 2023, at 1:00 p.m.
    3. The parties and counsel shall follow the procedural schedule and 
case management procedures established by this Presiding Officer's 
Ruling.
    4. The Secretary shall arrange for publication of the deadline to 
file a notice of intervention and the date of the prehearing 
videoconference in the Federal Register.

Erica A. Barker,
Secretary.
[FR Doc. 2023-24380 Filed 11-3-23; 8:45 am]
BILLING CODE 7710-FW-P
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