Service Standard Changes, 95816-95818 [2024-28306]
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lotter on DSK11XQN23PROD with NOTICES1
95816
Federal Register / Vol. 89, No. 232 / Tuesday, December 3, 2024 / Notices
(PRA–95) (44 U.S.C. 3506(c)(2)(A)). This
program ensures that information is in
the desired format, the reporting burden
(time and costs) is minimal, the
collection instruments are clearly
understood, and OSHA’s estimate of the
information collection burden is
accurate. OSHA is soliciting comments
concerning the extension of the
information collection requirements
contained in the series of regulations
establishing requirements for the
submission, initial approval, continuing
approval, final approval, monitoring,
and evaluation of OSHA-approved State
Plans:
• 29 CFR part 1902, State Plans for
the Development and Enforcement of
State Standards;
• 29 CFR part 1953, Changes to State
Plans for the Development and
Enforcement of State Standards;
• 29 CFR part 1954, Procedures for
the Evaluation and Monitoring of
Approved State Plans; and
• 29 CFR part 1956, State Plans for
the Development and Enforcement of
State Standards Applicable to State and
Local Government Employees in States
Without Approved Private Employee
Plans.
Section 18 of the Occupational Safety
and Health Act (29 U.S.C. 667) offers an
opportunity to the states to assume
responsibility for the development and
enforcement of state standards through
the mechanism of an OSHA-approved
State Plan. Absent an approved plan,
states are precluded from enforcing
occupational safety and health
standards in the private sector with
respect to any issue for which Federal
OSHA has promulgated a standard.
Once approved and operational, the
state adopts standards and provides
most occupational safety and health
enforcement and compliance assistance
in the state under the authority of its
plan, instead of Federal OSHA. States
also must extend their jurisdiction to
cover state and local government
employees and may obtain approval of
State Plans limited in scope to these
workers. To obtain and maintain State
Plan approval, a state must submit
various documents to OSHA describing
program structure and operation,
including any modifications thereto as
they occur, in accordance with the
identified regulations. OSHA funds 50
percent of the costs required to be
incurred by an approved State Plan,
with the state at least matching and
providing additional funding at its
discretion.
• Whether the proposed information
collection requirements are necessary
for the proper performance of the
agency’s functions to protect workers,
including whether the information is
useful;
• The accuracy of OSHA’s estimate of
the burden (time and costs) of the
information collection requirements,
including the validity of the
methodology and assumptions used;
• The quality, utility, and clarity of
the information collected; and
• Ways to minimize the burden on
employers who must comply; for
example, by using automated or other
technological information, and
transmission techniques.
II. Special Issues for Comment
OSHA has a particular interest in
comments on the following issues:
You may submit comments in
response to this document as follows:
(1) electronically at https://
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III. Proposed Actions
OSHA is requesting that OMB extend
the approval of the information
collection requirements contained in
Occupational Safety and Health State
Plans.
The agency is requesting an
adjustment increase to adjust the
number of burden hours associated with
the developmental steps necessary for
certain states in the developmental
process, including Maine,
Massachusetts and Illinois. In addition,
the number of Complaints About State
Program Administration (CASPAs) and
State Plan Changes were modified to
depict more realistically the current
trends in these numbers. As a result, the
total burden hours have increased from
11,055 to 11,370 (an increase of 315
burden hours).
OSHA will summarize the comments
submitted in response to this notice and
will include this summary in the
request to OMB to extend the approval
of the information collection
requirements.
Type of Review: Extension of a
currently approved data collection.
Title: Occupational Safety and Health
State Plans.
OMB Control Number: 1218–0247.
Affected Public: State, Local, and
Tribal, Governments.
Number of Respondents: 29.
Number of Responses: 1,299.
Frequency of Responses: On occasion;
Quarterly; Annually.
Average Time per Response: Varies.
Estimated Total Burden Hours:
11,370.
Estimated Cost (Operation and
Maintenance): $0.
IV. Public Participation—Submission of
Comments on This Notice and Internet
Access to Comments and Submissions
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www.regulations.gov, which is the
Federal eRulemaking Portal; or (2) by
facsimile (fax), if your comments,
including attachments, are not longer
than 10 pages you may fax them to the
OSHA Docket Office at 202–693–1648.
All comments, attachments, and other
material must identify the agency name
and the OSHA docket number for the
ICR (OSHA–2011–0197). You may
supplement electronic submission by
uploading document files electronically.
Comments and submissions are
posted without change at https://
www.regulations.gov. Therefore, OSHA
cautions commenters about submitting
personal information such as social
security numbers and dates 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
read or download from this website. All
submission, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
Information on using the https://
www.regulations.gov website to submit
comments and access the docket is
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
James S. Frederick, Deputy 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. 8–2020 (85 FR 58393).
Signed at Washington, DC, on November
26, 2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. 2024–28305 Filed 12–2–24; 8:45 am]
BILLING CODE 4510–26–P
POSTAL REGULATORY COMMISSION
[Docket No. N2024–1; Order No. 8167]
Service Standard Changes
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
The Commission is
acknowledging a recently-filed Postal
Service request for an advisory opinion
regarding planned changes to its
processing and transportation networks.
SUMMARY:
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Federal Register / Vol. 89, No. 232 / Tuesday, December 3, 2024 / Notices
This document invites public comments
on the request and addresses several
related procedural steps.
DATES: Notice of intent to file a rebuttal:
November 22, 2024; Hearing: December
4, 2024, at 10:00 a.m., Eastern Daylight
Time, Virtual.
ADDRESSES: Submit notices
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.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. The Motions for Late Acceptance
III. Notice of Hearing, Scheduling Witnesses,
Excusing Witnesses, Setting Hearing
Procedures, and Adjusting Procedural
Schedule
IV. Ordering Paragraphs
I. Introduction
On November 24, 2024, Douglas F.
Carlson filed, and on November 25,
2024, the Commission docketed, a
Motion for Late Acceptance of Notice of
Intent to File Rebuttal Case 1 and
corresponding Notice of Intent to File a
Rebuttal Case.2 On November 25, 2024,
the American Postal Workers Union
(APWU) filed a Motion for Late
Acceptance of Notice of Intent to File
Rebuttal Testimony 3 and corresponding
Notice of Intent to File Rebuttal
Testimony.4 These motions are granted.
In addition, the Commission provides
notice of the hearing, sets hearing
procedures, modifies the deadline for
registration for the hearing, and adjusts
the procedural schedule.
II. The Motions for Late Acceptance
Mr. Carlson requests that the
Commission excuse his failure to timely
file his notice because the procedural
schedule listed on the Commission’s
website differed from those set by order.
Carlson Motion at 1–2. The Commission
recognizes that the information
previously presented on the procedural
schedule on the website conflicted with
the deadlines set forth in Order No.
lotter on DSK11XQN23PROD with NOTICES1
1 Douglas
F. Carlson Motion for Late Acceptance
of Notice of Intent to File Rebuttal Case, November
25, 2024 (Carlson Motion).
2 Douglas F. Carlson Notice of Intent to File
Rebuttal Case, November 25, 2024 (Carlson Notice).
3 American Postal Workers Union, AFL–CIO
Motion for Late Acceptance of Notice of Intent to
File Rebuttal Testimony, November 25, 2024
(APWU Motion).
4 American Postal Workers Union, AFL–CIO
Notice of Intent to File Rebuttal Testimony,
November 25, 2024 (APWU Notice).
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7695 5 and Order No. 7998.6 The
Commission further recognizes that in
Order No. 7998, the Commission
unilaterally modified the procedural
schedule by moving a deadline up to
better support the in-person hearing in
this proceeding. Order No. 7998 at 2.
Therefore, the Commission grants Mr.
Carlson’s motion.
APWU similarly states that its filing
was delayed because it relied on the
procedural schedule set forth in Order
No. 7695. APWU Motion at 1. For the
reasons expressed above, the
Commission also grants the APWU
Motion.
The Commission is acting
expeditiously on these motions because
of the pending holiday and the fact that
the hearing is 4 business days from
today. The Postal Service will be
permitted to conduct discovery and
written cross-examination on Mr.
Carlson’s and APWU’s rebuttal
testimony. The Postal Service may
request oral cross-examination but must
provide justification for the request.
III. Notice of Hearing, Scheduling
Witnesses, Excusing Witnesses, Setting
Hearing Procedures, and Adjusting
Procedural Schedule
Additionally, although the
Commission previously stated that
hearings with a rebuttal case would
occur December 11 to 13, 2024,7 given
Mr. Carlson’s indication that he cannot
appear in person at the hearings, the
Commission hereby gives notice that a
hearing on the Postal Service’s direct
case in the above-captioned docket shall
commence at 10 a.m. ET on Wednesday,
December 4, 2024. Pursuant to Order
No. 7998, the hearing will be conducted
in person at 901 New York Avenue NW,
Suite 200, Washington, DC 20268. The
hearing shall be available by livestream
at www.youtube.com/@
thepostalregulatorycommiss9709.8
Furthermore, the Commission
modifies the registration deadline for
the hearing. Each individual seeking to
attend the live hearing (including
motions practice or may conduct crossexamination or follow-up crossexamination) must register by sending
an email to registration@prc.gov with
the subject line ‘‘N2024–1 Hearing
5 Notice
and Order on the Postal Service’s
Request for an Advisory Opinion on Changes in the
Nature of Postal Services, October 9, 2024 (Order
No. 7695).
6 Order Establishing Hearing Procedures,
November 15, 2024 (Order No. 7998).
7 See Order No. 7998, Attachment 1 at 2; Order
No. 7695, Attachment 1 at 2.
8 The livestream will only allow participants to
view, but not interact with, the live hearing taking
place at the Commission’s hearing room.
Registration is not required to access the livestream.
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95817
Registration’’ by Monday, December 2,
2024.9 Please ensure the email contains
the following information:
• your first and last name;
• your email address; and
• your affiliation.
The registration@prc.gov email
address is used solely for the exchange
of information relating to the logistics of
registering for and participating in the
hearing.10 No information related to the
substance of the cases shall be provided
or communicated via that email.
The Postal Service’s witnesses shall
appear on December 4, 2024, at 10:00
a.m. ET. The order of the witnesses is
as follows:
• Stephen B. Hagenstein (USPS–T–1)
• Arslan Saleem (USPS–T–2)
• Leslie Johnson-Frick (USPS–T–3)
• Gregory White (USPS–T–4)
• Curtis Whiteman (USPS–T–5) or
witness with equivalent knowledge 11
It is the Commission’s intent to have
all the Postal Service witnesses called
and excused by 4 p.m. ET.
One of the Postal Service’s witnesses,
Sharon Owens (Postal Service
institutional witness), is not called and
is excused. Likewise, the rebuttal
witnesses, namely Anita Morrison,
Stephen DeMatteo, and Douglas
Carlson, are not called for the December
4 hearing.
The Postal Service shall file any
corrected testimony, corrected
designated written-cross examination,
etc., applicable to the excused witnesses
with a declaration/affidavit from the
witness attesting to the proposed record
material, no later than December 2,
2024. The Postal Service may move to
admit these materials by written motion
not later than December 4, 2024.
Objections to the admission of the
proposed record material for these
excused witnesses are due not later than
December 5, 2024.
On December 2, 2024, the Postal
Service shall file a ‘‘Notice of
Designated Materials’’ identifying any
corrections to the testimony or
designated materials for each witness
sponsored by the Postal Service. Order
No. 7695 at 26. Attached to that notice
shall be an Adobe PDF file that contains
9 The Commission previously set the deadline as
November 22, 2024. See Order No. 7998 at 3–4.
10 Please refer to the Commission’s privacy policy
which is available at https://www.prc.gov/privacy.
11 If a witness with equivalent knowledge appears
for Mr. Whiteman, the Postal Service should be
prepared to admit Mr. Whiteman’s testimony by
motion. Additionally, if the witness with equivalent
knowledge is unable to answer certain oral crossexamination questions, the Commission reserves
the right to require Mr. Whiteman to supplement,
in writing, with answers to those questions
generated at the hearing.
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Federal Register / Vol. 89, No. 232 / Tuesday, December 3, 2024 / Notices
the witness’s designated written
responses in alphabetical order by the
name of the party propounding the
interrogatory followed by numerical
order of the interrogatory (with any
corrections to the responses
highlighted). The Postal Service shall
also contemporaneously file any
corrections to testimony (with those
corrections highlighted).
Rebuttal testimony and all materials
in support of the case must be filed by
December 4, 2024.12 Parties that wish to
conduct oral cross-examination of a
rebuttal witness shall file notice of an
intent to do so by December 5, 2024.
Written discovery (cross-examination)
may be served on the parties offering
rebuttal testimony immediately after
filing of rebuttal testimony and must be
filed no later than December 6, 2024.
Parties must file a Notice of
Designations, consistent with the
procedure described above, should they
wish to designate rebuttal case
discovery responses for the record, no
later than December 10, 2024. The
Presiding Officer will issue a further
ruling admitting designated materials
into evidence shortly thereafter.
Due to the filing of a rebuttal case, the
briefing schedule is also modified.
Initial briefs or statements of positions
are now due no later than December 18,
2024. Reply briefs may be filed no later
than December 23, 2024.
IV. Ordering Paragraphs
It is ordered:
1. Douglas F. Carlson’s Motion for
Late Acceptance of Notice of Intent to
File Rebuttal Case, filed November 25,
2024, is granted.
2. APWU’s Motion for Late
Acceptance of Notice of Intent to File
Rebuttal Testimony, filed November 25,
2024, is granted.
3. The hearing on the Postal Service’s
direct case in the above-captioned
docket shall commence at 10 a.m. ET on
Wednesday, December 4, 2024, at the
Commission’s hearing room. The Postal
Service shall make the identified
witnesses available at the
commencement of the hearing,
consistent with the body of this Order.
4. If a witness with equivalent
knowledge appears for Witness
Whiteman, the Postal Service shall be
prepared to admit Witness Whiteman’s
testimony by motion at the hearing.
5. Participants who wish to attend the
hearing in-person must register via
email consistent with the body of this
Order.
6. The modified procedural schedule
for this proceeding is set forth below the
signature of this Order.
7. The Secretary shall arrange for
publication of this Order in the Federal
Register.
By the Commission.
Erica A. Barker,
Secretary.
PROCEDURAL SCHEDULE FOR DOCKET NO. N2024–1
[Modified by the Commission, November 27, 2024]
Deadlines in Preparation for Hearing:
Filing of Notice Confirming Intent to Conduct Oral Cross-Examination .................................................................
Filing of Request to Present Oral Argument ...........................................................................................................
Filing of Notice of Designations (Parties) ................................................................................................................
Filing of Notices of Designated Materials (Postal Service) .....................................................................................
Rebuttal Case Deadlines:
Filing of Notice Confirming Intent to File a Rebuttal Case .....................................................................................
Filing of Rebuttal Case ............................................................................................................................................
Filing of Notice Confirming Intent to Conduct Oral Cross-Examination .................................................................
Filing of Request to Present Oral Argument ...........................................................................................................
Last Filing of Discovery Requests ...........................................................................................................................
Notice of Designations ............................................................................................................................................
Filing of the Rebuttal Witness’ Answers to Discovery ............................................................................................
Notice of Designated Materials ...............................................................................................................................
Surrebuttal Case Deadlines (if applicable):
Filing of Motion for Leave to File Surrebuttal Case ................................................................................................
Filing of Response to Motion for Leave to File Surrebuttal Case ..........................................................................
Filing of Surrebuttal Case (if authorized) ................................................................................................................
Hearing Dates:
Hearings ..................................................................................................................................................................
Briefing Deadlines:
Filing of Initial Briefs (with Rebuttal Case) ..............................................................................................................
Filing of Reply Briefs (with Rebuttal Case) .............................................................................................................
Statement of Position Deadline:
Filing of Statement of Position (with Rebuttal Case) ..............................................................................................
Advisory Opinion Deadline:
Filing of Advisory Opinion .......................................................................................................................................
[FR Doc. 2024–28306 Filed 12–2–24; 8:45 am]
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BILLING CODE 7710–FW–P
12 See Order No. 7695 at 23–24. Any motion for
leave to file a surrebuttal case remains due
December 6, 2024. Id. at 24.
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November
November
November
December
22, 2024.
22, 2024.
26, 2024.
2, 2024.
November
December
December
December
December
December
December
December
22, 2024.
4, 2024.
5, 2024.
5, 2024.
6, 2024.
10, 2024.
10, 2024.
11, 2024.
December 6, 2024.
December 10, 2024.
December 13, 2024.
December 4–6, 2024.
December 18, 2024.
December 23, 2024.
December 18, 2024.
January 31, 2025.
]]>Agencies
[Federal Register Volume 89, Number 232 (Tuesday, December 3, 2024)]
[Notices]
[Pages 95816-95818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28306]
=======================================================================
-----------------------------------------------------------------------
POSTAL REGULATORY COMMISSION
[Docket No. N2024-1; Order No. 8167]
Service Standard Changes
AGENCY: Postal Regulatory Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Commission is acknowledging a recently-filed Postal
Service request for an advisory opinion regarding planned changes to
its processing and transportation networks.
[[Page 95817]]
This document invites public comments on the request and addresses
several related procedural steps.
DATES: Notice of intent to file a rebuttal: November 22, 2024; Hearing:
December 4, 2024, at 10:00 a.m., Eastern Daylight Time, Virtual.
ADDRESSES: Submit notices 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.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. The Motions for Late Acceptance
III. Notice of Hearing, Scheduling Witnesses, Excusing Witnesses,
Setting Hearing Procedures, and Adjusting Procedural Schedule
IV. Ordering Paragraphs
I. Introduction
On November 24, 2024, Douglas F. Carlson filed, and on November 25,
2024, the Commission docketed, a Motion for Late Acceptance of Notice
of Intent to File Rebuttal Case \1\ and corresponding Notice of Intent
to File a Rebuttal Case.\2\ On November 25, 2024, the American Postal
Workers Union (APWU) filed a Motion for Late Acceptance of Notice of
Intent to File Rebuttal Testimony \3\ and corresponding Notice of
Intent to File Rebuttal Testimony.\4\ These motions are granted. In
addition, the Commission provides notice of the hearing, sets hearing
procedures, modifies the deadline for registration for the hearing, and
adjusts the procedural schedule.
---------------------------------------------------------------------------
\1\ Douglas F. Carlson Motion for Late Acceptance of Notice of
Intent to File Rebuttal Case, November 25, 2024 (Carlson Motion).
\2\ Douglas F. Carlson Notice of Intent to File Rebuttal Case,
November 25, 2024 (Carlson Notice).
\3\ American Postal Workers Union, AFL-CIO Motion for Late
Acceptance of Notice of Intent to File Rebuttal Testimony, November
25, 2024 (APWU Motion).
\4\ American Postal Workers Union, AFL-CIO Notice of Intent to
File Rebuttal Testimony, November 25, 2024 (APWU Notice).
---------------------------------------------------------------------------
II. The Motions for Late Acceptance
Mr. Carlson requests that the Commission excuse his failure to
timely file his notice because the procedural schedule listed on the
Commission's website differed from those set by order. Carlson Motion
at 1-2. The Commission recognizes that the information previously
presented on the procedural schedule on the website conflicted with the
deadlines set forth in Order No. 7695 \5\ and Order No. 7998.\6\ The
Commission further recognizes that in Order No. 7998, the Commission
unilaterally modified the procedural schedule by moving a deadline up
to better support the in-person hearing in this proceeding. Order No.
7998 at 2. Therefore, the Commission grants Mr. Carlson's motion.
---------------------------------------------------------------------------
\5\ Notice and Order on the Postal Service's Request for an
Advisory Opinion on Changes in the Nature of Postal Services,
October 9, 2024 (Order No. 7695).
\6\ Order Establishing Hearing Procedures, November 15, 2024
(Order No. 7998).
---------------------------------------------------------------------------
APWU similarly states that its filing was delayed because it relied
on the procedural schedule set forth in Order No. 7695. APWU Motion at
1. For the reasons expressed above, the Commission also grants the APWU
Motion.
The Commission is acting expeditiously on these motions because of
the pending holiday and the fact that the hearing is 4 business days
from today. The Postal Service will be permitted to conduct discovery
and written cross-examination on Mr. Carlson's and APWU's rebuttal
testimony. The Postal Service may request oral cross-examination but
must provide justification for the request.
III. Notice of Hearing, Scheduling Witnesses, Excusing Witnesses,
Setting Hearing Procedures, and Adjusting Procedural Schedule
Additionally, although the Commission previously stated that
hearings with a rebuttal case would occur December 11 to 13, 2024,\7\
given Mr. Carlson's indication that he cannot appear in person at the
hearings, the Commission hereby gives notice that a hearing on the
Postal Service's direct case in the above-captioned docket shall
commence at 10 a.m. ET on Wednesday, December 4, 2024. Pursuant to
Order No. 7998, the hearing will be conducted in person at 901 New York
Avenue NW, Suite 200, Washington, DC 20268. The hearing shall be
available by livestream at www.youtube.com/@thepostalregulatorycommiss9709.\8\
---------------------------------------------------------------------------
\7\ See Order No. 7998, Attachment 1 at 2; Order No. 7695,
Attachment 1 at 2.
\8\ The livestream will only allow participants to view, but not
interact with, the live hearing taking place at the Commission's
hearing room. Registration is not required to access the livestream.
---------------------------------------------------------------------------
Furthermore, the Commission modifies the registration deadline for
the hearing. Each individual seeking to attend the live hearing
(including motions practice or may conduct cross-examination or follow-
up cross-examination) must register by sending an email to
[email protected] with the subject line ``N2024-1 Hearing
Registration'' by Monday, December 2, 2024.\9\ Please ensure the email
contains the following information:
---------------------------------------------------------------------------
\9\ The Commission previously set the deadline as November 22,
2024. See Order No. 7998 at 3-4.
your first and last name;
your email address; and
your affiliation.
The [email protected] email address is used solely for the
exchange of information relating to the logistics of registering for
and participating in the hearing.\10\ No information related to the
substance of the cases shall be provided or communicated via that
email.
---------------------------------------------------------------------------
\10\ Please refer to the Commission's privacy policy which is
available at https://www.prc.gov/privacy.
---------------------------------------------------------------------------
The Postal Service's witnesses shall appear on December 4, 2024, at
10:00 a.m. ET. The order of the witnesses is as follows:
Stephen B. Hagenstein (USPS-T-1)
Arslan Saleem (USPS-T-2)
Leslie Johnson-Frick (USPS-T-3)
Gregory White (USPS-T-4)
Curtis Whiteman (USPS-T-5) or witness with equivalent
knowledge \11\
---------------------------------------------------------------------------
\11\ If a witness with equivalent knowledge appears for Mr.
Whiteman, the Postal Service should be prepared to admit Mr.
Whiteman's testimony by motion. Additionally, if the witness with
equivalent knowledge is unable to answer certain oral cross-
examination questions, the Commission reserves the right to require
Mr. Whiteman to supplement, in writing, with answers to those
questions generated at the hearing.
It is the Commission's intent to have all the Postal Service
witnesses called and excused by 4 p.m. ET.
One of the Postal Service's witnesses, Sharon Owens (Postal Service
institutional witness), is not called and is excused. Likewise, the
rebuttal witnesses, namely Anita Morrison, Stephen DeMatteo, and
Douglas Carlson, are not called for the December 4 hearing.
The Postal Service shall file any corrected testimony, corrected
designated written-cross examination, etc., applicable to the excused
witnesses with a declaration/affidavit from the witness attesting to
the proposed record material, no later than December 2, 2024. The
Postal Service may move to admit these materials by written motion not
later than December 4, 2024. Objections to the admission of the
proposed record material for these excused witnesses are due not later
than December 5, 2024.
On December 2, 2024, the Postal Service shall file a ``Notice of
Designated Materials'' identifying any corrections to the testimony or
designated materials for each witness sponsored by the Postal Service.
Order No. 7695 at 26. Attached to that notice shall be an Adobe PDF
file that contains
[[Page 95818]]
the witness's designated written responses in alphabetical order by the
name of the party propounding the interrogatory followed by numerical
order of the interrogatory (with any corrections to the responses
highlighted). The Postal Service shall also contemporaneously file any
corrections to testimony (with those corrections highlighted).
Rebuttal testimony and all materials in support of the case must be
filed by December 4, 2024.\12\ Parties that wish to conduct oral cross-
examination of a rebuttal witness shall file notice of an intent to do
so by December 5, 2024. Written discovery (cross-examination) may be
served on the parties offering rebuttal testimony immediately after
filing of rebuttal testimony and must be filed no later than December
6, 2024. Parties must file a Notice of Designations, consistent with
the procedure described above, should they wish to designate rebuttal
case discovery responses for the record, no later than December 10,
2024. The Presiding Officer will issue a further ruling admitting
designated materials into evidence shortly thereafter.
---------------------------------------------------------------------------
\12\ See Order No. 7695 at 23-24. Any motion for leave to file a
surrebuttal case remains due December 6, 2024. Id. at 24.
---------------------------------------------------------------------------
Due to the filing of a rebuttal case, the briefing schedule is also
modified. Initial briefs or statements of positions are now due no
later than December 18, 2024. Reply briefs may be filed no later than
December 23, 2024.
IV. Ordering Paragraphs
It is ordered:
1. Douglas F. Carlson's Motion for Late Acceptance of Notice of
Intent to File Rebuttal Case, filed November 25, 2024, is granted.
2. APWU's Motion for Late Acceptance of Notice of Intent to File
Rebuttal Testimony, filed November 25, 2024, is granted.
3. The hearing on the Postal Service's direct case in the above-
captioned docket shall commence at 10 a.m. ET on Wednesday, December 4,
2024, at the Commission's hearing room. The Postal Service shall make
the identified witnesses available at the commencement of the hearing,
consistent with the body of this Order.
4. If a witness with equivalent knowledge appears for Witness
Whiteman, the Postal Service shall be prepared to admit Witness
Whiteman's testimony by motion at the hearing.
5. Participants who wish to attend the hearing in-person must
register via email consistent with the body of this Order.
6. The modified procedural schedule for this proceeding is set
forth below the signature of this Order.
7. The Secretary shall arrange for publication of this Order in the
Federal Register.
By the Commission.
Erica A. Barker,
Secretary.
Procedural Schedule for Docket No. N2024-1
[Modified by the Commission, November 27, 2024]
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Deadlines in Preparation for Hearing:
Filing of Notice Confirming Intent to Conduct Oral November 22, 2024.
Cross-Examination.
Filing of Request to Present Oral Argument............. November 22, 2024.
Filing of Notice of Designations (Parties)............. November 26, 2024.
Filing of Notices of Designated Materials (Postal December 2, 2024.
Service).
Rebuttal Case Deadlines:
Filing of Notice Confirming Intent to File a Rebuttal November 22, 2024.
Case.
Filing of Rebuttal Case................................ December 4, 2024.
Filing of Notice Confirming Intent to Conduct Oral December 5, 2024.
Cross-Examination.
Filing of Request to Present Oral Argument............. December 5, 2024.
Last Filing of Discovery Requests...................... December 6, 2024.
Notice of Designations................................. December 10, 2024.
Filing of the Rebuttal Witness' Answers to Discovery... December 10, 2024.
Notice of Designated Materials......................... December 11, 2024.
Surrebuttal Case Deadlines (if applicable):
Filing of Motion for Leave to File Surrebuttal Case.... December 6, 2024.
Filing of Response to Motion for Leave to File December 10, 2024.
Surrebuttal Case.
Filing of Surrebuttal Case (if authorized)............. December 13, 2024.
Hearing Dates:
Hearings............................................... December 4-6, 2024.
Briefing Deadlines:
Filing of Initial Briefs (with Rebuttal Case).......... December 18, 2024.
Filing of Reply Briefs (with Rebuttal Case)............ December 23, 2024.
Statement of Position Deadline:
Filing of Statement of Position (with Rebuttal Case)... December 18, 2024.
Advisory Opinion Deadline:
Filing of Advisory Opinion............................. January 31, 2025.
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[FR Doc. 2024-28306 Filed 12-2-24; 8:45 am]
BILLING CODE 7710-FW-P
