81_FR_40310 81 FR 40191 - Rules of Procedure Before the Judicial Officer

81 FR 40191 - Rules of Procedure Before the Judicial Officer

POSTAL SERVICE

Federal Register Volume 81, Issue 119 (June 21, 2016)

Page Range40191-40195
FR Document2016-14553

This document amends the rules of practice prescribed by the Judicial Officer to implement an electronic filing system and to clarify the assigning judge in matters governed by the Administrative Procedure Act.

Federal Register, Volume 81 Issue 119 (Tuesday, June 21, 2016)
[Federal Register Volume 81, Number 119 (Tuesday, June 21, 2016)]
[Rules and Regulations]
[Pages 40191-40195]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14553]



[[Page 40191]]

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POSTAL SERVICE

39 CFR Parts 952, 953, 954, 955, 958, 959, 962, 963, 964, 965


Rules of Procedure Before the Judicial Officer

AGENCY: Postal Service.

ACTION: Final rule.

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SUMMARY: This document amends the rules of practice prescribed by the 
Judicial Officer to implement an electronic filing system and to 
clarify the assigning judge in matters governed by the Administrative 
Procedure Act.

DATES: Effective date: July 21, 2016.

FOR FURTHER INFORMATION CONTACT: Diane Mego, (703) 812-1900, Postal 
Service Judicial Officer Department, 2101 Wilson Boulevard, Suite 600, 
Arlington, VA 22201-3078.

SUPPLEMENTARY INFORMATION: 

A. Background

    Changes to the rules of practice are necessary to accommodate the 
Judicial Officer Department's electronic filing system and establish 
rules relative to that system; for the Chief Administrative Law Judge 
to assign the presiding judge in cases governed by the Administrative 
Procedure Act, 5 U.S.C. 551, et seq.; and to delete the automatic 
scheduling of a hearing upon receipt of a mailability appeal. Changes 
to the authority citations are necessary to identify the authority for 
adjudicating each type of case, as well as the Chief Administrative Law 
Judge's authority for adjudicating them under the Administrative 
Procedure Act.

B. Explanation of Changes

Amendments to 39 CFR Part 952

    The authority citation is revised to identify the authority for 
adjudicating this type of case, as well as the Chief Administrative Law 
Judge's authority for adjudicating it under the Administrative 
Procedure Act.
    In Sec.  952.4, the heading is revised to Office business hours; 
electronic filing, and the text is amended as follows:
     The existing paragraph is designated paragraph (a), and is 
amended to clarify the office hours.
     Paragraph (b) is added to identify the Internet address 
for the electronic filing system.
    In Sec.  952.9, the heading is revised to Filing; docketing and 
serving documents, and the text is amended as follows:
     Paragraph (a) is amended to indicate that electronic 
filing is required and when documents submitted by parties are 
considered received.
     Paragraph (b) is amended to include electronic filing and 
when service of documents on the opposing party is required.
     Paragraphs (c) and (d) are deleted.

Amendments to 39 CFR Part 953

    The authority citation is revised to identify the authority for 
adjudicating this type of case, as well as the Chief Administrative Law 
Judge's authority for adjudicating it under the Administrative 
Procedure Act.
    In Sec.  953.2, concerning initiation, the text is amended to 
identify the Internet address for the electronic filing system. In 
Sec.  953.4, the heading is revised to Filing, docketing and serving 
documents; service of notice; reply; motion for summary judgment. The 
text of Sec.  953.4 is amended to indicate that electronic filing is 
required, delete the automatic scheduling of a hearing, indicate when 
documents submitted by the parties are considered received, provide for 
service on appellant by the Postal Service, and indicate when service 
of documents on the opposing party is required for purposes of the 
electronic filing system.
    In Sec.  953.10, concerning presiding officers, the text is amended 
to have the Chief Administrative Law Judge assign cases.

Amendments to 39 CFR Part 954

    The authority citation is revised to identify the authority for 
adjudicating this type of case, as well as the Chief Administrative Law 
Judge's authority for adjudicating it under the Administrative 
Procedure Act.
    In Sec.  954.4, the heading is revised to Office business hours; 
electronic filing and the text is amended as follows:
     The existing paragraph is designated paragraph (a) and is 
amended to clarify the office hours.
     Paragraph (b) is added to identify the Internet address 
for the electronic filing system.
    In Sec.  954.8, concerning pleading, paragraph (a) is amended to 
indicate electronic filing is required, when documents submitted by 
parties are considered received, and to indicate when service of 
documents on the opposing party is required for purposes of the 
electronic filing system.

Amendments to 39 CFR Part 955

    In Sec.  955.1, concerning jurisdiction, procedure, and service of 
documents in proceedings before the Board, paragraph (b)(1) is amended 
to update the Internet address for the electronic filing system.

Amendments to 39 CFR Part 958

    The authority citation is revised to identify the Chief 
Administrative Law Judge's authority for adjudicating this type of case 
under the Administrative Procedure Act.
    In Sec.  958.2, concerning definitions, paragraph (g) is amended to 
have the Chief Administrative Law Judge assign cases.
    In Sec.  958.19, concerning form and filing of documents, paragraph 
(b) is amended to indicate electronic filing is required, identify the 
Internet address for the electronic filing system, and indicate when 
documents submitted by the parties are considered received.
    In Sec.  958.20, the heading is revised to Service, and the text is 
revised to indicate when service of documents on the opposing party is 
required for purposes of the electronic filing system.

Amendments to 39 CFR Part 959

    The authority citation is revised to identify the authority for 
adjudicating this type of case, as well as the Chief Administrative Law 
Judge's authority for adjudicating it under the Administrative 
Procedure Act.
    In Sec.  959.3, the heading is revised to Office address and 
business hours; electronic filing. The text is revised to clarify the 
office hours and new paragraph (b) is added to identify the Internet 
address for the electronic filing system.
    In Sec.  959.9, concerning filing documents for the record, the 
following paragraphs are amended:
     Paragraph (a) is amended to require electronic filing and 
indicate when service of documents on the opposing party is required 
for purposes of the electronic filing system.
     Paragraph (b) is deleted.
     Paragraph (c) is redesignated as paragraph (b) and revised 
to include when documents submitted by the parties are considered 
received.

Amendments to 39 CFR Part 962

    The authority citation is revised to identify the Chief 
Administrative Law Judge's authority for adjudicating this case type 
under the Administrative Procedure Act.
    In Sec.  962.2, concerning definitions, paragraph (i) is amended to 
have the Chief Administrative Law Judge assign cases.
    In Sec.  962.22, concerning form and filing of documents:
     Paragraph (a) is amended to require electronic filing and 
identify the Internet address for the electronic filing system.
     Paragraph (b) is amended to indicate when documents 
submitted by the parties are considered received.
    In Sec.  962.23, the heading is revised to Service, and the text is 
revised to

[[Page 40192]]

indicate when service of documents on the opposing party is required 
for purposes of the electronic filing system.

Amendments to 39 CFR Part 963

    In Sec.  963.3, the heading is revised to Petition; notice of 
hearing; answer; filing of documents; summary judgment, and the text is 
revised as follows:
     The last sentence of paragraph (a) is amended to identify 
the Internet address for the electronic filing system.
     Paragraph (d) is amended to indicate that electronic 
filing is required, when documents submitted by parties are considered 
received, and when service of documents on the opposing party is 
required for purposes of the electronic filing system.

Amendments to 39 CFR Part 964

    The authority citation is revised to identify the Chief 
Administrative Law Judge's authority for adjudicating this type of case 
under the Administrative Procedure Act.
    In Sec.  964.3, the heading is revised to Customer petitions, 
notice of hearing; answer; summary judgment; filing and service, and 
the text is revised as follows:
     Paragraph (a) is amended to indicate that electronic 
filing is required and identify the Internet address for the electronic 
filing system
     Paragraph (e), Filing and service, is added to indicate 
that electronic filing is required, when documents submitted by parties 
are considered received, and when service of documents on the opposing 
party is required for purposes of the electronic filing system.
    In Sec.  964.7, concerning presiding officers, the text is amended 
to have the Chief Administrative Law Judge assign cases.

Amendments to 39 CFR Part 965

    In Sec.  965.5, concerning initial submissions by parties, the text 
is revised to indicate that electronic filing is required, and to 
identify the Internet address for the electronic filing system.

List of Subjects

39 CFR Part 952

    Administrative practice and procedure, Fraud, Lotteries, Postal 
Service.

39 CFR Part 953

    Administrative practice and procedure, Mailability, Postal Service.

39 CFR Part 954

    Administrative practice and procedure, Periodicals, Postal Service.

39 CFR Part 955

    Administrative practice and procedure, government contracts, Postal 
Service.

39 CFR Part 958

    Administrative practice and procedure, Postal Service.

39 CFR Part 959

    Administrative practice and procedure, Privacy, Postal Service.

39 CFR Part 962

    Administrative practice and procedure, Fraud, Postal Service.

39 CFR Part 963

    Administrative practice and procedure, Advertising, Postal Service.

39 CFR Part 964

    Administrative practice and procedure, Fictitious names or 
addresses, Fraud, Postal Service.

39 CFR Part 965

    Administrative practice and procedure, Mail Disputes, Postal 
Service.
    Accordingly, for the reasons stated, the Postal Service amends 39 
CFR parts 952, 953, 954, 955, 958, 959, 962, 963, 964, and 965 as 
follows:

PART 952--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO FALSE 
REPRESENTATION AND LOTTERY ORDERS

0
1. Revise the authority citation for 39 CFR Part 952 to read as 
follows:

    Authority:  39 U.S.C. 204, 401, 3001, 3005, 3012, 3016; 5 U.S.C. 
554.


0
2. Revise Sec.  952.4 to read as follows:


Sec.  952.4  Office business hours; electronic filing.

    (a) The offices of the officials identified in these rules are 
located at 2101 Wilson Boulevard, Suite 600, Arlington, VA 22201-3078. 
Normal business hours are between 8:45 a.m. and 4:45 p.m. (Eastern 
Time), Monday through Friday except holidays.
    (b) The Judicial Officer electronic filing system Web site is 
accessible 24 hours a day at https://uspsjoe.justware.com/justiceweb.

0
3. Revise Sec.  952.9 to read as follows:


Sec.  952.9  Filing; docketing and serving documents.

    (a) Unless the presiding officer permits otherwise, all documents 
must be filed using the electronic filing system. Documents submitted 
using the electronic filing system are considered filed as of the date/
time (Eastern Time) reflected in the system. Documents mailed to the 
Recorder are considered filed on the date mailed as evidenced by a 
United States Postal Service postmark. Filings by any other means are 
considered filed upon receipt by the Recorder of a complete copy of the 
filing during normal business hours. Discovery need not be filed except 
as may be sought to be included in the record, or as may be ordered by 
the presiding officer.
    (b) Documents shall be dated and state the docket number and title 
of the proceeding. Any pleading or other document required by order of 
the presiding officer to be filed by a specified date must be received 
in the electronic filing system or by the Recorder on or before such 
date. If both parties are participating in the electronic filing 
system, separate service upon the opposing party is not required. 
Otherwise, documents shall be served personally or by mail on the 
opposing party, noting on the document filed, or on the transmitting 
letter, that a copy has been so furnished.

PART 953--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO MAILABILITY

0
4. Revise the authority citation for 39 CFR Part 953 to read as 
follows:

    Authority: 39 U.S.C. 204, 401, 3001; 5 U.S.C. 554.


0
5. Revise Sec.  953.2 to read as follows:


Sec.  953.2  Initiation.

    Mailability proceedings are initiated upon the filing of an appeal 
in the Judicial Officer electronic filing system at https://uspsjoe.justware.com/justiceweb or with the Recorder, Judicial Officer 
Department, U.S. Postal Service, 2101 Wilson Boulevard, Suite 600, 
Arlington, VA 22201-3078.

0
6. Revise Sec.  953.4 to read as follows:


Sec.  953.4  Filing, docketing and serving documents; service of 
notice; reply; motion for summary judgment.

    (a) Filing. Unless the presiding officer permits otherwise, all 
documents must be filed using the electronic filing system. Documents 
submitted using the electronic filing system are considered filed as of 
the date/time (Eastern Time) reflected in the system. Documents mailed 
to the Recorder are considered filed on the date mailed as evidenced by 
a United States Postal Service postmark. Filings by any other means are 
considered filed upon receipt by the Recorder of a complete copy of the 
filing during normal business hours. Normal business hours are between 
8:45 a.m. and 4:45 p.m. (Eastern Time), Monday

[[Page 40193]]

through Friday except holidays. If both parties are participating in 
the electronic filing system, separate service upon the opposing party 
is not required. Otherwise, documents shall be served personally or by 
mail on the opposing party, noting on the document filed, or on the 
transmitting letter, that a copy has been so furnished.
    (b) Service of notice. (1) Upon receiving the appeal, the Recorder 
shall issue a notice specifying that the Postal Service General 
Counsel's or Chief Postal Inspector or his or her designee's reply 
shall be filed within 15 days of receipt of the notice.
    (2) The Recorder shall promptly serve this notice on the parties as 
follows:
    (i) The notice, with a copy of the appeal, shall be sent to the 
General Counsel or the Chief Postal Inspector or his or her designee.
    (ii) When the appellant's address is within the United States, the 
notice, with a copy of the appeal, shall be sent to the postmaster at 
the office that delivers mail to the appellant's address. The 
postmaster shall be instructed that, acting personally or through a 
supervisory employee or a postal inspector, he or she is to serve these 
documents on the appellant. If the appellant cannot be found within 3 
days, the postmaster shall send these documents to the appellant by 
ordinary mail and forward a statement to the Recorder that is signed by 
the delivering employee and that specifies the time and place of 
delivery.
    (iii) When the appellant's address is outside the United States, 
the notice, with a copy of the appeal, shall be sent to the appellant 
by registered mail, return receipt requested. A written statement by 
the Recorder, noting the time and place of mailing, shall be accepted 
as proof of service in the event a signed and dated return receipt is 
not received.
    (c) Reply. The General Counsel, the Chief Postal Inspector, or that 
officer's designee shall file a reply within the aforementioned 15-day 
period or any period granted by the presiding officer for good cause 
shown. If the reply so filed fails to address any additional allegation 
in the appeal, that allegation shall be deemed admitted.
    (d) Motion for summary judgment. Upon motion of the General 
Counsel, the Chief Postal Inspector, that officer's designee, or the 
appellant, or on the presiding officer's own initiative, the presiding 
officer may find that the appeal and answer present no genuine and 
material issues of fact requiring an evidentiary hearing, and thereupon 
may render an initial decision upholding or reversing the determination 
or ruling. The initial decision shall become the final Agency decision 
if a timely appeal is not taken.

0
7. Revise Sec.  953.10 to read as follows:


Sec.  953.10  Presiding Officers.

    The presiding officer at any hearing shall be an Administrative Law 
Judge qualified in accordance with law or the Judicial Officer (39 
U.S.C. 204). The Chief Administrative Law Judge shall assign cases. The 
Judicial Officer may preside at the hearing if an Administrative Law 
Judge is unavailable.

PART 954--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO THE DENIAL, 
SUSPENSION, OR REVOCATON OF PERIODICALS MAIL PRIVILEGES

0
8. Revise the authority citation for 39 CFR part 954 to read as 
follows:

    Authority:  39 U.S.C. 204, 401, 3685; 5 U.S.C. 554.


0
9. Revise Sec.  954.4 to read as follows:


Sec.  954.4  Office business hours; electronic filing.

    (a) The offices of the officials identified in these rules are 
located at 2101 Wilson Boulevard, Suite 600, Arlington, VA 22201-3078. 
Normal Business hours are between 8:45 a.m. and 4:45 p.m. (Eastern 
Time), Monday through Friday except holidays.
    (b) The Judicial Officer electronic filing system Web site is 
accessible 24 hours a day at https://uspsjoe.justware.com/justiceweb.
0
10. In Sec.  954.8, paragraph (a) is revised to read as follows:


Sec.  954.8  Pleading.

    (a) Filing and service. All documents required under this part must 
be filed using the electronic filing system unless the presiding 
officer permits otherwise. Documents submitted using the electronic 
filing system are considered filed as of the date/time (Eastern Time) 
reflected in the system. Documents mailed to the Recorder are 
considered filed on the date mailed as evidenced by a United States 
Postal Service postmark. Filings by any other means are considered 
filed upon receipt by the Recorder of a complete copy of the filing 
during normal business hours. If both parties are participating in the 
electronic filing system, separate service upon the opposing party is 
not required. Otherwise, documents shall be served personally or by 
mail on the opposing party, noting on the document filed, or on the 
transmitting letter, that a copy has been so furnished. The Recorder 
shall maintain a docket and the files in all proceedings.
* * * * *

PART 955--RULES OF PRACTICE BEFORE THE POSTAL SERVICE BOARD OF 
CONTRACT APPEALS

0
11. The authority citation for 39 CFR part 955 continues to read as 
follows:

    Authority:  39 U.S.C. 204, 401; 41 U.S.C. 7101-7109.


0
12. In Sec.  955.1, revise the final sentence of paragraph (b)(1) to 
read as follows:


Sec.  955.1  Jurisdiction, procedure, service of documents.

* * * * *
    (b) * * *
    (1) * * * The Web site for electronic filing is https://uspsjoe.justware.com/justiceweb.
* * * * *

PART 958--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO CIVIL 
PENALTIES, CLEAN-UP COSTS AND DAMAGES FOR VIOLATION OF HAZARDOUS 
MATERIAL REGULATIONS

0
13. Revise the authority citation for 39 CFR part 958 to read as 
follows:

    Authority:  39 U.S.C. 204, 401, 3001, 3018; 5 U.S.C. 554.


0
14. In Sec.  958.2, revise paragraph (g) to read as follows:


Sec.  958.2  Definitions.

* * * * *
    (g) Presiding Officer refers to an Administrative Law Judge 
designated by the Chief Administrative Law Judge to conduct a hearing, 
or to the Judicial Officer, if an Administrative Law Judge is not 
available.
* * * * *

0
15. In Sec.  958.19, revise paragraph (b) to read as follows:


Sec.  958.19  Form and Filing of documents.

* * * * *
    (b) All pleadings and documents required under this part must be 
filed using the Judicial Officer electronic filing system unless the 
presiding officer permits otherwise. The Judicial Officer electronic 
filing system Web site is accessible 24 hours a day at https://uspsjoe.justware.com/justiceweb. Documents submitted using the 
electronic filing system are considered filed as of the date/time 
(Eastern Time) reflected in the system. Documents mailed to the 
Recorder are considered filed on the date mailed as evidenced by a 
United States Postal Service postmark. Filings by any other means are

[[Page 40194]]

considered filed upon receipt by the Recorder of a complete copy of the 
filing during normal business hours. Normal business hours are between 
8:45 a.m. and 4:45 p.m. (Eastern Time), Monday through Friday except 
holidays.
* * * * *

0
16. Revise Sec.  958.20 to read as follows:


Sec.  958.20  Service.

    If both parties are participating in the electronic filing system, 
separate service upon the opposing party is not required. Otherwise, 
documents shall be served personally or by mail on the opposing party, 
noting on the document filed, or on the transmitting letter, that a 
copy has been so furnished.

PART 959--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO THE PRIVATE 
EXPRESS STATUTES

0
17. Revise the authority citation for 39 CFR part 959 to read as 
follows:

    Authority:  39 U.S.C. 204, 401; 601-606; 18 U.S.C. 1693-1699; 5 
U.S.C. 554; 39 CFR 310, 320.


0
18. Revise Sec.  959.3 to read as follows:


Sec.  959.3  Office address and business hours; electronic filing

    (a) The offices of the officials identified in these rules are 
located at 2101 Wilson Boulevard, Suite 600, Arlington, VA 22201-3078. 
Normal Business hours are between 8:45 a.m. and 4:45 p.m. (Eastern 
Time), Monday through Friday except holidays.
    (b) The Judicial Officer electronic filing system Web site is 
accessible 24 hours a day at https://uspsjoe.justware.com/justiceweb.

0
19. Revise Sec.  959.9 to read as follows:


Sec.  959.9  Filing documents for the record.

    (a) All documents required under this part must be filed using the 
electronic filing system unless the presiding officer permits 
otherwise. If both parties are participating in the electronic filing 
system, separate service upon the opposing party is not required. 
Otherwise, documents shall be served personally or by mail on the 
opposing party, noting on the document filed, or on the transmitting 
letter, that a copy has been so furnished.
    (b) Documents shall be dated and state the title of the proceeding 
and, except initial petitions, the docket number. Documents submitted 
using the electronic filing system are considered filed as of the date/
time (Eastern Time) reflected in the system. Documents mailed to the 
Recorder are considered filed on the date mailed as evidenced by a 
United States Postal Service postmark. Filings by any other means are 
considered filed upon receipt by the Recorder of a complete copy of the 
filing during normal business hours.

PART 962--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO THE PROGRAM 
FRAUD CIVIL REMEDIES ACT

0
20. Revise the authority citation for 39 CFR part 962 to read as 
follows:

    Authority:  31 U.S.C. 3801-12; 39 U.S.C. 401; 5 U.S.C. 554.

0
21. In Sec.  962.2, revise paragraph (i) to read as follows:


Sec.  962.2  Definitions.

* * * * *
    (i) Presiding Officer refers to an Administrative Law Judge 
designated by the Chief Administrative Law Judge to conduct a hearing 
authorized by 31 U.S.C. 3803.
* * * * *

0
22. In Sec.  962.22, revise the introductory text of paragraph (a) and 
revise paragraph (b) to read as follows:


Sec.  962.22  Form and filing of documents.

    (a) All pleadings and documents required under this part must be 
filed using the Judicial Officer electronic filing system unless the 
presiding officer permits otherwise. The Judicial Officer electronic 
filing system Web site is accessible 24 hours a day at https://uspsjoe.justware.com/justiceweb. Every pleading filed in a proceeding 
under this part must:
* * * * *
    (b) Documents submitted using the electronic filing system are 
considered filed as of the date/time (Eastern Time) reflected in the 
system. Documents mailed to the Recorder are considered filed on the 
date mailed as evidenced by a United States Postal Service postmark. 
Filings by any other means are considered filed upon receipt by the 
Recorder of a complete copy of the filing during normal business hours. 
Normal business hours are between 8:45 a.m. and 4:45 p.m. (Eastern 
Time), Monday through Friday except holidays.
* * * * *

0
23. Revise Sec.  962.23 to read as follows:


Sec.  962.23  Service.

    If both parties are participating in the electronic filing system, 
separate service upon the opposing party is not required. Otherwise, 
documents shall be served personally or by mail on the opposing party, 
noting on the document filed, or on the transmitting letter, that a 
copy has been so furnished.

PART 963--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO VIOLATIONS 
OF THE PANDERING ADVERTISEMENTS STATUTE, 39 U.S.C. 3008

0
24. The authority citation for 39 CFR part 963 continues to read as 
follows:

    Authority:  39 U.S.C. 204, 401, 3008.


0
25. In Sec.  963.3, the final sentence of paragraph (a) is revised and 
paragraph (d) is revised to read as follows:


Sec.  963.3  Petition; notice of hearing; answer; filing; summary 
judgment.

    (a) * * * The Manager will forward each timely petition to the 
Recorder through the Judicial Officer Department electronic filing 
system at https://uspsjoe.justware.com/justiceweb.
* * * * *
    (d) Filing. All documents required under this part must be filed 
using the electronic filing system (https://uspsjoe.justware.com/justiceweb) unless the presiding officer permits otherwise. Documents 
submitted using the electronic filing system are considered filed as of 
the date/time (Eastern Time) reflected in the system. Documents mailed 
to the Recorder are considered filed on the date mailed as evidenced by 
a United States Postal Service postmark. Filings by any other means are 
considered filed upon receipt by the Recorder of a complete copy of the 
filing during normal business hours. Normal business hours are between 
8:45 a.m. and 4:45 p.m. (Eastern Time), Monday through Friday except 
holidays. If both parties are participating in the electronic filing 
system, separate service upon the opposing party is not required. 
Otherwise, documents shall be served personally or by mail on the 
opposing party, noting on the document filed, or on the transmitting 
letter, that a copy has been so furnished. The Recorder shall maintain 
a docket and the files in all proceedings.
* * * * *

PART 964--RULES OF PRACTICE GOVERNING DISPOSITION OF MAIL WITHHELD 
FROM DELIVERY PURSUANT TO 39 U.S.C. 3003, 3004

0
26. Revise the authority citation for 39 CFR part 964 to read as 
follows:

    Authority:  39 U.S.C. 204, 401, 3003, 3004; 5 U.S.C. 554.


0
27. In Sec.  964.3, revise the second and third sentences of paragraph 
(a), and add paragraph (e) to read as follows:

[[Page 40195]]

Sec.  964.3  Customer petitions; notice of hearing; answer; summary 
judgment; filing and service.

    (a) Petition. * * * The Petition, signed by the Petitioner or his 
or her attorney, shall be filed via the Judicial Officer Electronic 
filing system at https://uspsjoe.justware.com/justiceweb or via 
certified mail to the Recorder, Judicial Officer Department, United 
States Postal Service, 2101 Wilson Boulevard, Suite 600, Arlington, VA 
22201-3078. The Petition must be filed within 14 days of the date upon 
which the Petitioner received the notice. * * *
* * * * *
    (e) Filing and service. All documents required under this part must 
be filed using the electronic filing system unless the presiding 
officer permits otherwise. Documents submitted using the electronic 
filing system are considered filed as of the date/time (Eastern Time) 
reflected in the system. Documents mailed to the Recorder are 
considered filed on the date mailed as evidenced by a United States 
Postal Service postmark. Filings by any other means are considered 
filed upon receipt by the Recorder of a complete copy of the filing 
during normal business hours. Normal business hours are between 8:45 
a.m. and 4:45 p.m. (Eastern Time), Monday through Friday except 
holidays. If both parties are participating in the electronic filing 
system, separate service upon the opposing party is not required. 
Otherwise, documents shall be served personally or by mail on the 
opposing party, noting on the document filed, or on the transmitting 
letter, that a copy has been so furnished.

0
28. In Sec.  964.7, revise paragraph (a) to read as follows:


Sec.  964.7  Presiding officers.

    (a) The presiding officer shall be an Administrative Law Judge 
qualified in accordance with law or the Judicial Officer. The Chief 
Administrative Law Judge shall assign cases. The Judicial Officer may 
preside at the hearing if an Administrative Law Judge is unavailable.
* * * * *

PART 965--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO MAIL 
DISPUTES

0
29. The authority citation for 39 CFR part 965 continues to read as 
follows:

    Authority:  39 U.S.C. 204, 401.

0
30. Revise Sec.  965.5 to read as follows:


Sec.  965.5  Initial submissions by parties.

    Within 15 days after receipt of the Recorder's notice, each party 
shall file via the Judicial Officer electronic filing system (https://uspsjoe.justware.com/justiceweb) a sworn statement of the facts 
supporting its claim to receipt of the mail together with a copy of 
each document on which it relies in making such claim, and any 
arguments supporting its claim. Unless the presiding officer otherwise 
permits, all documents relative to this proceeding must be filed using 
the electronic filing system.

Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2016-14553 Filed 6-20-16; 8:45 am]
 BILLING CODE 7710-12-P



                                                                Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Rules and Regulations                                          40191

                                             POSTAL SERVICE                                            • Paragraph (b) is amended to include                Judge’s authority for adjudicating this
                                                                                                     electronic filing and when service of                  type of case under the Administrative
                                             39 CFR Parts 952, 953, 954, 955, 958,                   documents on the opposing party is                     Procedure Act.
                                             959, 962, 963, 964, 965                                 required.                                                 In § 958.2, concerning definitions,
                                                                                                       • Paragraphs (c) and (d) are deleted.                paragraph (g) is amended to have the
                                             Rules of Procedure Before the Judicial                                                                         Chief Administrative Law Judge assign
                                             Officer                                                 Amendments to 39 CFR Part 953
                                                                                                                                                            cases.
                                                                                                       The authority citation is revised to                    In § 958.19, concerning form and
                                             AGENCY:    Postal Service.
                                                                                                     identify the authority for adjudicating                filing of documents, paragraph (b) is
                                             ACTION:   Final rule.                                   this type of case, as well as the Chief                amended to indicate electronic filing is
                                             SUMMARY:   This document amends the                     Administrative Law Judge’s authority                   required, identify the Internet address
                                             rules of practice prescribed by the                     for adjudicating it under the                          for the electronic filing system, and
                                             Judicial Officer to implement an                        Administrative Procedure Act.                          indicate when documents submitted by
                                             electronic filing system and to clarify                   In § 953.2, concerning initiation, the               the parties are considered received.
                                                                                                     text is amended to identify the Internet                  In § 958.20, the heading is revised to
                                             the assigning judge in matters governed
                                                                                                     address for the electronic filing system.              Service, and the text is revised to
                                             by the Administrative Procedure Act.
                                                                                                     In § 953.4, the heading is revised to                  indicate when service of documents on
                                             DATES: Effective date: July 21, 2016.
                                                                                                     Filing, docketing and serving                          the opposing party is required for
                                             FOR FURTHER INFORMATION CONTACT:                        documents; service of notice; reply;
                                             Diane Mego, (703) 812–1900, Postal                                                                             purposes of the electronic filing system.
                                                                                                     motion for summary judgment. The text
                                             Service Judicial Officer Department,                    of § 953.4 is amended to indicate that                 Amendments to 39 CFR Part 959
                                             2101 Wilson Boulevard, Suite 600,                       electronic filing is required, delete the                The authority citation is revised to
                                             Arlington, VA 22201–3078.                               automatic scheduling of a hearing,                     identify the authority for adjudicating
                                             SUPPLEMENTARY INFORMATION:                              indicate when documents submitted by                   this type of case, as well as the Chief
                                             A. Background                                           the parties are considered received,                   Administrative Law Judge’s authority
                                                                                                     provide for service on appellant by the                for adjudicating it under the
                                               Changes to the rules of practice are                  Postal Service, and indicate when                      Administrative Procedure Act.
                                             necessary to accommodate the Judicial                   service of documents on the opposing                     In § 959.3, the heading is revised to
                                             Officer Department’s electronic filing                  party is required for purposes of the                  Office address and business hours;
                                             system and establish rules relative to                  electronic filing system.                              electronic filing. The text is revised to
                                             that system; for the Chief                                In § 953.10, concerning presiding                    clarify the office hours and new
                                             Administrative Law Judge to assign the                  officers, the text is amended to have the              paragraph (b) is added to identify the
                                             presiding judge in cases governed by the                Chief Administrative Law Judge assign                  Internet address for the electronic filing
                                             Administrative Procedure Act, 5 U.S.C.                  cases.                                                 system.
                                             551, et seq.; and to delete the automatic                                                                        In § 959.9, concerning filing
                                                                                                     Amendments to 39 CFR Part 954
                                             scheduling of a hearing upon receipt of                                                                        documents for the record, the following
                                             a mailability appeal. Changes to the                       The authority citation is revised to
                                                                                                     identify the authority for adjudicating                paragraphs are amended:
                                             authority citations are necessary to                                                                             • Paragraph (a) is amended to require
                                             identify the authority for adjudicating                 this type of case, as well as the Chief
                                                                                                     Administrative Law Judge’s authority                   electronic filing and indicate when
                                             each type of case, as well as the Chief                                                                        service of documents on the opposing
                                             Administrative Law Judge’s authority                    for adjudicating it under the
                                                                                                     Administrative Procedure Act.                          party is required for purposes of the
                                             for adjudicating them under the                                                                                electronic filing system.
                                             Administrative Procedure Act.                              In § 954.4, the heading is revised to
                                                                                                     Office business hours; electronic filing                 • Paragraph (b) is deleted.
                                             B. Explanation of Changes                               and the text is amended as follows:                      • Paragraph (c) is redesignated as
                                                                                                        • The existing paragraph is                         paragraph (b) and revised to include
                                             Amendments to 39 CFR Part 952                                                                                  when documents submitted by the
                                                                                                     designated paragraph (a) and is
                                                The authority citation is revised to                 amended to clarify the office hours.                   parties are considered received.
                                             identify the authority for adjudicating                    • Paragraph (b) is added to identify                Amendments to 39 CFR Part 962
                                             this type of case, as well as the Chief                 the Internet address for the electronic
                                             Administrative Law Judge’s authority                    filing system.                                            The authority citation is revised to
                                             for adjudicating it under the                              In § 954.8, concerning pleading,                    identify the Chief Administrative Law
                                             Administrative Procedure Act.                           paragraph (a) is amended to indicate                   Judge’s authority for adjudicating this
                                                In § 952.4, the heading is revised to                electronic filing is required, when                    case type under the Administrative
                                             Office business hours; electronic filing,               documents submitted by parties are                     Procedure Act.
                                             and the text is amended as follows:                     considered received, and to indicate                      In § 962.2, concerning definitions,
                                                • The existing paragraph is                          when service of documents on the                       paragraph (i) is amended to have the
                                             designated paragraph (a), and is                        opposing party is required for purposes                Chief Administrative Law Judge assign
                                             amended to clarify the office hours.                    of the electronic filing system.                       cases.
                                                • Paragraph (b) is added to identify                                                                           In § 962.22, concerning form and
                                             the Internet address for the electronic                 Amendments to 39 CFR Part 955                          filing of documents:
                                             filing system.                                            In § 955.1, concerning jurisdiction,                    • Paragraph (a) is amended to require
                                                In § 952.9, the heading is revised to                procedure, and service of documents in                 electronic filing and identify the
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                                             Filing; docketing and serving                           proceedings before the Board, paragraph                Internet address for the electronic filing
                                             documents, and the text is amended as                   (b)(1) is amended to update the Internet               system.
                                             follows:                                                address for the electronic filing system.                 • Paragraph (b) is amended to
                                                • Paragraph (a) is amended to                                                                               indicate when documents submitted by
                                             indicate that electronic filing is required             Amendments to 39 CFR Part 958                          the parties are considered received.
                                             and when documents submitted by                           The authority citation is revised to                    In § 962.23, the heading is revised to
                                             parties are considered received.                        identify the Chief Administrative Law                  Service, and the text is revised to


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                                             40192              Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Rules and Regulations

                                             indicate when service of documents on                   39 CFR Part 955                                        reflected in the system. Documents
                                             the opposing party is required for                        Administrative practice and                          mailed to the Recorder are considered
                                             purposes of the electronic filing system.               procedure, government contracts, Postal                filed on the date mailed as evidenced by
                                                                                                     Service.                                               a United States Postal Service postmark.
                                             Amendments to 39 CFR Part 963
                                                                                                                                                            Filings by any other means are
                                               In § 963.3, the heading is revised to                 39 CFR Part 958                                        considered filed upon receipt by the
                                             Petition; notice of hearing; answer; filing               Administrative practice and                          Recorder of a complete copy of the filing
                                             of documents; summary judgment, and                     procedure, Postal Service.                             during normal business hours.
                                             the text is revised as follows:                                                                                Discovery need not be filed except as
                                               • The last sentence of paragraph (a) is               39 CFR Part 959                                        may be sought to be included in the
                                             amended to identify the Internet address                  Administrative practice and                          record, or as may be ordered by the
                                             for the electronic filing system.                       procedure, Privacy, Postal Service.                    presiding officer.
                                               • Paragraph (d) is amended to                                                                                   (b) Documents shall be dated and
                                                                                                     39 CFR Part 962                                        state the docket number and title of the
                                             indicate that electronic filing is
                                             required, when documents submitted by                     Administrative practice and                          proceeding. Any pleading or other
                                             parties are considered received, and                    procedure, Fraud, Postal Service.                      document required by order of the
                                             when service of documents on the                                                                               presiding officer to be filed by a
                                                                                                     39 CFR Part 963                                        specified date must be received in the
                                             opposing party is required for purposes
                                             of the electronic filing system.                          Administrative practice and                          electronic filing system or by the
                                                                                                     procedure, Advertising, Postal Service.                Recorder on or before such date. If both
                                             Amendments to 39 CFR Part 964                                                                                  parties are participating in the
                                                                                                     39 CFR Part 964
                                                The authority citation is revised to                                                                        electronic filing system, separate service
                                                                                                       Administrative practice and                          upon the opposing party is not required.
                                             identify the Chief Administrative Law
                                                                                                     procedure, Fictitious names or                         Otherwise, documents shall be served
                                             Judge’s authority for adjudicating this
                                                                                                     addresses, Fraud, Postal Service.                      personally or by mail on the opposing
                                             type of case under the Administrative
                                             Procedure Act.                                          39 CFR Part 965                                        party, noting on the document filed, or
                                                                                                                                                            on the transmitting letter, that a copy
                                                In § 964.3, the heading is revised to                  Administrative practice and                          has been so furnished.
                                             Customer petitions, notice of hearing;                  procedure, Mail Disputes, Postal
                                             answer; summary judgment; filing and                    Service.                                               PART 953—RULES OF PRACTICE IN
                                             service, and the text is revised as                       Accordingly, for the reasons stated,                 PROCEEDINGS RELATIVE TO
                                             follows:                                                the Postal Service amends 39 CFR parts                 MAILABILITY
                                                • Paragraph (a) is amended to                        952, 953, 954, 955, 958, 959, 962, 963,
                                             indicate that electronic filing is required             964, and 965 as follows:                               ■4. Revise the authority citation for 39
                                             and identify the Internet address for the                                                                      CFR Part 953 to read as follows:
                                             electronic filing system                                PART 952—RULES OF PRACTICE IN                            Authority: 39 U.S.C. 204, 401, 3001; 5
                                                • Paragraph (e), Filing and service, is              PROCEEDINGS RELATIVE TO FALSE                          U.S.C. 554.
                                             added to indicate that electronic filing                REPRESENTATION AND LOTTERY
                                                                                                                                                            ■   5. Revise § 953.2 to read as follows:
                                             is required, when documents submitted                   ORDERS
                                             by parties are considered received, and                                                                        § 953.2   Initiation.
                                             when service of documents on the                        ■1. Revise the authority citation for 39                  Mailability proceedings are initiated
                                             opposing party is required for purposes                 CFR Part 952 to read as follows:                       upon the filing of an appeal in the
                                             of the electronic filing system.                          Authority: 39 U.S.C. 204, 401, 3001, 3005,           Judicial Officer electronic filing system
                                                In § 964.7, concerning presiding                     3012, 3016; 5 U.S.C. 554.                              at https://uspsjoe.justware.com/
                                             officers, the text is amended to have the               ■   2. Revise § 952.4 to read as follows:              justiceweb or with the Recorder, Judicial
                                             Chief Administrative Law Judge assign                                                                          Officer Department, U.S. Postal Service,
                                             cases.                                                  § 952.4    Office business hours; electronic           2101 Wilson Boulevard, Suite 600,
                                                                                                     filing.                                                Arlington, VA 22201–3078.
                                             Amendments to 39 CFR Part 965                              (a) The offices of the officials                    ■ 6. Revise § 953.4 to read as follows:
                                                In § 965.5, concerning initial                       identified in these rules are located at
                                             submissions by parties, the text is                     2101 Wilson Boulevard, Suite 600,                      § 953.4 Filing, docketing and serving
                                                                                                     Arlington, VA 22201–3078. Normal                       documents; service of notice; reply; motion
                                             revised to indicate that electronic filing                                                                     for summary judgment.
                                             is required, and to identify the Internet               business hours are between 8:45 a.m.
                                                                                                     and 4:45 p.m. (Eastern Time), Monday                      (a) Filing. Unless the presiding officer
                                             address for the electronic filing system.
                                                                                                     through Friday except holidays.                        permits otherwise, all documents must
                                             List of Subjects                                           (b) The Judicial Officer electronic                 be filed using the electronic filing
                                                                                                     filing system Web site is accessible 24                system. Documents submitted using the
                                             39 CFR Part 952
                                                                                                     hours a day at https://                                electronic filing system are considered
                                               Administrative practice and                           uspsjoe.justware.com/justiceweb.                       filed as of the date/time (Eastern Time)
                                             procedure, Fraud, Lotteries, Postal                     ■ 3. Revise § 952.9 to read as follows:                reflected in the system. Documents
                                             Service.                                                                                                       mailed to the Recorder are considered
                                                                                                     § 952.9 Filing; docketing and serving                  filed on the date mailed as evidenced by
                                             39 CFR Part 953                                         documents.                                             a United States Postal Service postmark.
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                                               Administrative practice and                              (a) Unless the presiding officer                    Filings by any other means are
                                             procedure, Mailability, Postal Service.                 permits otherwise, all documents must                  considered filed upon receipt by the
                                                                                                     be filed using the electronic filing                   Recorder of a complete copy of the filing
                                             39 CFR Part 954
                                                                                                     system. Documents submitted using the                  during normal business hours. Normal
                                               Administrative practice and                           electronic filing system are considered                business hours are between 8:45 a.m.
                                             procedure, Periodicals, Postal Service.                 filed as of the date/time (Eastern Time)               and 4:45 p.m. (Eastern Time), Monday


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                                                                Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Rules and Regulations                                             40193

                                             through Friday except holidays. If both                 The initial decision shall become the                  shall maintain a docket and the files in
                                             parties are participating in the                        final Agency decision if a timely appeal               all proceedings.
                                             electronic filing system, separate service              is not taken.                                          *     *    *     *    *
                                             upon the opposing party is not required.                ■ 7. Revise § 953.10 to read as follows:
                                             Otherwise, documents shall be served                                                                           PART 955—RULES OF PRACTICE
                                             personally or by mail on the opposing                   § 953.10    Presiding Officers.                        BEFORE THE POSTAL SERVICE
                                             party, noting on the document filed, or                   The presiding officer at any hearing                 BOARD OF CONTRACT APPEALS
                                             on the transmitting letter, that a copy                 shall be an Administrative Law Judge
                                             has been so furnished.                                  qualified in accordance with law or the                ■ 11. The authority citation for 39 CFR
                                                (b) Service of notice. (1) Upon                      Judicial Officer (39 U.S.C. 204). The                  part 955 continues to read as follows:
                                             receiving the appeal, the Recorder shall                Chief Administrative Law Judge shall                     Authority: 39 U.S.C. 204, 401; 41 U.S.C.
                                             issue a notice specifying that the Postal               assign cases. The Judicial Officer may                 7101–7109.
                                             Service General Counsel’s or Chief                      preside at the hearing if an                           ■ 12. In § 955.1, revise the final sentence
                                             Postal Inspector or his or her designee’s               Administrative Law Judge is                            of paragraph (b)(1) to read as follows:
                                             reply shall be filed within 15 days of                  unavailable.
                                             receipt of the notice.                                                                                         § 955.1 Jurisdiction, procedure, service of
                                                (2) The Recorder shall promptly serve                PART 954—RULES OF PRACTICE IN                          documents.
                                             this notice on the parties as follows:                  PROCEEDINGS RELATIVE TO THE                            *      *     *     *    *
                                                (i) The notice, with a copy of the                   DENIAL, SUSPENSION, OR                                    (b) * * *
                                             appeal, shall be sent to the General                    REVOCATON OF PERIODICALS MAIL                             (1) * * * The Web site for electronic
                                             Counsel or the Chief Postal Inspector or                PRIVILEGES                                             filing is https://uspsjoe.justware.com/
                                             his or her designee.                                                                                           justiceweb.
                                                (ii) When the appellant’s address is                 ■8. Revise the authority citation for 39
                                             within the United States, the notice,                                                                          *      *     *     *    *
                                                                                                     CFR part 954 to read as follows:
                                             with a copy of the appeal, shall be sent
                                                                                                       Authority: 39 U.S.C. 204, 401, 3685; 5               PART 958—RULES OF PRACTICE IN
                                             to the postmaster at the office that
                                                                                                     U.S.C. 554.                                            PROCEEDINGS RELATIVE TO CIVIL
                                             delivers mail to the appellant’s address.
                                                                                                                                                            PENALTIES, CLEAN-UP COSTS AND
                                             The postmaster shall be instructed that,                ■   9. Revise § 954.4 to read as follows:
                                                                                                                                                            DAMAGES FOR VIOLATION OF
                                             acting personally or through a
                                                                                                     § 954.4    Office business hours; electronic           HAZARDOUS MATERIAL
                                             supervisory employee or a postal
                                                                                                     filing.                                                REGULATIONS
                                             inspector, he or she is to serve these
                                             documents on the appellant. If the                         (a) The offices of the officials
                                                                                                                                                            ■13. Revise the authority citation for 39
                                             appellant cannot be found within 3                      identified in these rules are located at
                                                                                                                                                            CFR part 958 to read as follows:
                                             days, the postmaster shall send these                   2101 Wilson Boulevard, Suite 600,
                                                                                                     Arlington, VA 22201–3078. Normal                         Authority: 39 U.S.C. 204, 401, 3001, 3018;
                                             documents to the appellant by ordinary
                                                                                                     Business hours are between 8:45 a.m.                   5 U.S.C. 554.
                                             mail and forward a statement to the
                                             Recorder that is signed by the delivering               and 4:45 p.m. (Eastern Time), Monday                   ■ 14. In § 958.2, revise paragraph (g) to
                                             employee and that specifies the time                    through Friday except holidays.                        read as follows:
                                             and place of delivery.                                     (b) The Judicial Officer electronic
                                                                                                     filing system Web site is accessible 24                § 958.2    Definitions.
                                                (iii) When the appellant’s address is
                                             outside the United States, the notice,                  hours a day at https://                                *      *     *    *     *
                                             with a copy of the appeal, shall be sent                uspsjoe.justware.com/justiceweb.                          (g) Presiding Officer refers to an
                                             to the appellant by registered mail,                    ■ 10. In § 954.8, paragraph (a) is revised             Administrative Law Judge designated by
                                             return receipt requested. A written                     to read as follows:                                    the Chief Administrative Law Judge to
                                             statement by the Recorder, noting the                                                                          conduct a hearing, or to the Judicial
                                                                                                     § 954.8    Pleading.                                   Officer, if an Administrative Law Judge
                                             time and place of mailing, shall be
                                             accepted as proof of service in the event                  (a) Filing and service. All documents               is not available.
                                             a signed and dated return receipt is not                required under this part must be filed                 *      *     *    *     *
                                             received.                                               using the electronic filing system unless              ■ 15. In § 958.19, revise paragraph (b) to
                                                (c) Reply. The General Counsel, the                  the presiding officer permits otherwise.               read as follows:
                                             Chief Postal Inspector, or that officer’s               Documents submitted using the
                                             designee shall file a reply within the                  electronic filing system are considered                § 958.19    Form and Filing of documents.
                                             aforementioned 15-day period or any                     filed as of the date/time (Eastern Time)               *      *     *    *     *
                                             period granted by the presiding officer                 reflected in the system. Documents                        (b) All pleadings and documents
                                             for good cause shown. If the reply so                   mailed to the Recorder are considered                  required under this part must be filed
                                             filed fails to address any additional                   filed on the date mailed as evidenced by               using the Judicial Officer electronic
                                             allegation in the appeal, that allegation               a United States Postal Service postmark.               filing system unless the presiding officer
                                             shall be deemed admitted.                               Filings by any other means are                         permits otherwise. The Judicial Officer
                                                (d) Motion for summary judgment.                     considered filed upon receipt by the                   electronic filing system Web site is
                                             Upon motion of the General Counsel,                     Recorder of a complete copy of the filing              accessible 24 hours a day at https://
                                             the Chief Postal Inspector, that officer’s              during normal business hours. If both                  uspsjoe.justware.com/justiceweb.
                                             designee, or the appellant, or on the                   parties are participating in the                       Documents submitted using the
                                             presiding officer’s own initiative, the                 electronic filing system, separate service             electronic filing system are considered
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                                             presiding officer may find that the                     upon the opposing party is not required.               filed as of the date/time (Eastern Time)
                                             appeal and answer present no genuine                    Otherwise, documents shall be served                   reflected in the system. Documents
                                             and material issues of fact requiring an                personally or by mail on the opposing                  mailed to the Recorder are considered
                                             evidentiary hearing, and thereupon may                  party, noting on the document filed, or                filed on the date mailed as evidenced by
                                             render an initial decision upholding or                 on the transmitting letter, that a copy                a United States Postal Service postmark.
                                             reversing the determination or ruling.                  has been so furnished. The Recorder                    Filings by any other means are


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                                             40194              Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Rules and Regulations

                                             considered filed upon receipt by the                    considered filed upon receipt by the                   PART 963—RULES OF PRACTICE IN
                                             Recorder of a complete copy of the filing               Recorder of a complete copy of the filing              PROCEEDINGS RELATIVE TO
                                             during normal business hours. Normal                    during normal business hours.                          VIOLATIONS OF THE PANDERING
                                             business hours are between 8:45 a.m.                                                                           ADVERTISEMENTS STATUTE, 39
                                             and 4:45 p.m. (Eastern Time), Monday                    PART 962—RULES OF PRACTICE IN                          U.S.C. 3008
                                             through Friday except holidays.                         PROCEEDINGS RELATIVE TO THE
                                             *     *    *     *     *                                PROGRAM FRAUD CIVIL REMEDIES
                                                                                                                                                            ■ 24. The authority citation for 39 CFR
                                                                                                     ACT
                                             ■ 16. Revise § 958.20 to read as follows:                                                                      part 963 continues to read as follows:
                                             § 958.20    Service.                                    ■20. Revise the authority citation for 39                  Authority: 39 U.S.C. 204, 401, 3008.
                                               If both parties are participating in the              CFR part 962 to read as follows:
                                                                                                                                                            ■ 25. In § 963.3, the final sentence of
                                             electronic filing system, separate service                Authority: 31 U.S.C. 3801–12; 39 U.S.C.              paragraph (a) is revised and paragraph
                                             upon the opposing party is not required.                401; 5 U.S.C. 554.
                                                                                                                                                            (d) is revised to read as follows:
                                             Otherwise, documents shall be served                    ■ 21. In § 962.2, revise paragraph (i) to
                                             personally or by mail on the opposing                   read as follows:                                       § 963.3 Petition; notice of hearing; answer;
                                             party, noting on the document filed, or                                                                        filing; summary judgment.
                                             on the transmitting letter, that a copy                 § 962.2    Definitions.
                                             has been so furnished.                                                                                            (a) * * * The Manager will forward
                                                                                                     *     *     *    *      *                              each timely petition to the Recorder
                                             PART 959—RULES OF PRACTICE IN                             (i) Presiding Officer refers to an                   through the Judicial Officer Department
                                             PROCEEDINGS RELATIVE TO THE                             Administrative Law Judge designated by                 electronic filing system at https://
                                             PRIVATE EXPRESS STATUTES                                the Chief Administrative Law Judge to                  uspsjoe.justware.com/justiceweb.
                                                                                                     conduct a hearing authorized by 31                     *      *     *     *    *
                                             ■17. Revise the authority citation for 39               U.S.C. 3803.
                                             CFR part 959 to read as follows:                        *     *     *    *      *                                 (d) Filing. All documents required
                                                                                                                                                            under this part must be filed using the
                                               Authority: 39 U.S.C. 204, 401; 601–606; 18            ■ 22. In § 962.22, revise the introductory
                                             U.S.C. 1693–1699; 5 U.S.C. 554; 39 CFR 310,
                                                                                                                                                            electronic filing system (https://
                                                                                                     text of paragraph (a) and revise                       uspsjoe.justware.com/justiceweb) unless
                                             320.
                                                                                                     paragraph (b) to read as follows:                      the presiding officer permits otherwise.
                                             ■   18. Revise § 959.3 to read as follows:                                                                     Documents submitted using the
                                                                                                     § 962.22    Form and filing of documents.
                                             § 959.3 Office address and business                                                                            electronic filing system are considered
                                             hours; electronic filing                                   (a) All pleadings and documents                     filed as of the date/time (Eastern Time)
                                                (a) The offices of the officials                     required under this part must be filed                 reflected in the system. Documents
                                             identified in these rules are located at                using the Judicial Officer electronic                  mailed to the Recorder are considered
                                             2101 Wilson Boulevard, Suite 600,                       filing system unless the presiding officer             filed on the date mailed as evidenced by
                                             Arlington, VA 22201–3078. Normal                        permits otherwise. The Judicial Officer                a United States Postal Service postmark.
                                             Business hours are between 8:45 a.m.                    electronic filing system Web site is                   Filings by any other means are
                                             and 4:45 p.m. (Eastern Time), Monday                    accessible 24 hours a day at https://                  considered filed upon receipt by the
                                             through Friday except holidays.                         uspsjoe.justware.com/justiceweb. Every                 Recorder of a complete copy of the filing
                                                (b) The Judicial Officer electronic                  pleading filed in a proceeding under                   during normal business hours. Normal
                                             filing system Web site is accessible 24                 this part must:                                        business hours are between 8:45 a.m.
                                             hours a day at https://                                 *      *     *    *     *                              and 4:45 p.m. (Eastern Time), Monday
                                             uspsjoe.justware.com/justiceweb.                           (b) Documents submitted using the                   through Friday except holidays. If both
                                             ■ 19. Revise § 959.9 to read as follows:                electronic filing system are considered                parties are participating in the
                                                                                                     filed as of the date/time (Eastern Time)               electronic filing system, separate service
                                             § 959.9    Filing documents for the record.             reflected in the system. Documents                     upon the opposing party is not required.
                                                (a) All documents required under this                mailed to the Recorder are considered                  Otherwise, documents shall be served
                                             part must be filed using the electronic                 filed on the date mailed as evidenced by               personally or by mail on the opposing
                                             filing system unless the presiding officer              a United States Postal Service postmark.               party, noting on the document filed, or
                                             permits otherwise. If both parties are                  Filings by any other means are                         on the transmitting letter, that a copy
                                             participating in the electronic filing                  considered filed upon receipt by the                   has been so furnished. The Recorder
                                             system, separate service upon the                       Recorder of a complete copy of the filing              shall maintain a docket and the files in
                                             opposing party is not required.                         during normal business hours. Normal                   all proceedings.
                                             Otherwise, documents shall be served                    business hours are between 8:45 a.m.
                                             personally or by mail on the opposing                                                                          *      *     *     *    *
                                                                                                     and 4:45 p.m. (Eastern Time), Monday
                                             party, noting on the document filed, or                 through Friday except holidays.
                                             on the transmitting letter, that a copy                                                                        PART 964—RULES OF PRACTICE
                                                                                                     *      *     *    *     *                              GOVERNING DISPOSITION OF MAIL
                                             has been so furnished.
                                                (b) Documents shall be dated and                     ■   23. Revise § 962.23 to read as follows:            WITHHELD FROM DELIVERY
                                             state the title of the proceeding and,                                                                         PURSUANT TO 39 U.S.C. 3003, 3004
                                                                                                     § 962.23    Service.
                                             except initial petitions, the docket
                                             number. Documents submitted using the                     If both parties are participating in the             ■26. Revise the authority citation for 39
                                             electronic filing system are considered                 electronic filing system, separate service             CFR part 964 to read as follows:
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                                             filed as of the date/time (Eastern Time)                upon the opposing party is not required.                 Authority: 39 U.S.C. 204, 401, 3003, 3004;
                                             reflected in the system. Documents                      Otherwise, documents shall be served                   5 U.S.C. 554.
                                             mailed to the Recorder are considered                   personally or by mail on the opposing
                                             filed on the date mailed as evidenced by                party, noting on the document filed, or                ■ 27. In § 964.3, revise the second and
                                             a United States Postal Service postmark.                on the transmitting letter, that a copy                third sentences of paragraph (a), and
                                             Filings by any other means are                          has been so furnished.                                 add paragraph (e) to read as follows:


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                                                                   Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Rules and Regulations                                                                      40195

                                             § 964.3 Customer petitions; notice of                               PART 965—RULES OF PRACTICE IN                                   Flounder, Scup and Black Sea Bass
                                             hearing; answer; summary judgment; filing                           PROCEEDINGS RELATIVE TO MAIL                                    Fishery Management Plan quota transfer
                                             and service.                                                        DISPUTES                                                        provision. This announcement informs
                                                (a) Petition. * * * The Petition,                                                                                                the public of the revised commercial
                                             signed by the Petitioner or his or her                              ■ 29. The authority citation for 39 CFR                         quotas for Virginia and North Carolina.
                                             attorney, shall be filed via the Judicial                           part 965 continues to read as follows:                          DATES: Effective June 20, 2016, through
                                             Officer Electronic filing system at                                     Authority: 39 U.S.C. 204, 401.                              December 31, 2016.
                                             https://uspsjoe.justware.com/justiceweb                             ■   30. Revise § 965.5 to read as follows:                      FOR FURTHER INFORMATION CONTACT:
                                             or via certified mail to the Recorder,
                                                                                                                 § 965.5         Initial submissions by parties.
                                                                                                                                                                                 Elizabeth Scheimer, Fishery
                                             Judicial Officer Department, United
                                                                                                                                                                                 Management Specialist, (978) 281–9236.
                                             States Postal Service, 2101 Wilson                                    Within 15 days after receipt of the
                                             Boulevard, Suite 600, Arlington, VA                                 Recorder’s notice, each party shall file                        SUPPLEMENTARY INFORMATION:
                                             22201–3078. The Petition must be filed                              via the Judicial Officer electronic filing                         Regulations governing the summer
                                             within 14 days of the date upon which                               system (https://uspsjoe.justware.com/                           flounder fishery are found in 50 CFR
                                             the Petitioner received the notice. * * *                           justiceweb) a sworn statement of the                            648.100 through 648.110. The
                                             *      *     *     *    *                                           facts supporting its claim to receipt of                        regulations require annual specification
                                                                                                                 the mail together with a copy of each                           of a commercial quota that is
                                                (e) Filing and service. All documents                                                                                            apportioned among the coastal states
                                             required under this part must be filed                              document on which it relies in making
                                                                                                                 such claim, and any arguments                                   from Maine through North Carolina. The
                                             using the electronic filing system unless                                                                                           process to set the annual commercial
                                             the presiding officer permits otherwise.                            supporting its claim. Unless the
                                                                                                                 presiding officer otherwise permits, all                        quota and the percent allocated to each
                                             Documents submitted using the                                                                                                       state are described in § 648.102.
                                             electronic filing system are considered                             documents relative to this proceeding
                                                                                                                 must be filed using the electronic filing                          The final rule implementing
                                             filed as of the date/time (Eastern Time)
                                                                                                                 system.                                                         Amendment 5 to the Summer Flounder
                                             reflected in the system. Documents
                                                                                                                                                                                 Fishery Management Plan, as published
                                             mailed to the Recorder are considered                               Stanley F. Mires,                                               in the Federal Register on December 17,
                                             filed on the date mailed as evidenced by                            Attorney, Federal Compliance.                                   1993 (58 FR 65936), provided a
                                             a United States Postal Service postmark.                            [FR Doc. 2016–14553 Filed 6–20–16; 8:45 am]                     mechanism for transferring summer
                                             Filings by any other means are
                                                                                                                 BILLING CODE 7710–12–P                                          flounder commercial quota from one
                                             considered filed upon receipt by the
                                                                                                                                                                                 state to another. Two or more states,
                                             Recorder of a complete copy of the filing
                                                                                                                                                                                 under mutual agreement and with the
                                             during normal business hours. Normal
                                                                                                                 DEPARTMENT OF COMMERCE                                          concurrence of the NMFS Greater
                                             business hours are between 8:45 a.m.
                                                                                                                                                                                 Atlantic Regional Administrator, can
                                             and 4:45 p.m. (Eastern Time), Monday                                National Oceanic and Atmospheric                                transfer or combine summer flounder
                                             through Friday except holidays. If both                             Administration                                                  commercial quota under § 648.102(c)(2).
                                             parties are participating in the
                                                                                                                                                                                 The Regional Administrator is required
                                             electronic filing system, separate service                          50 CFR Part 648                                                 to consider the criteria in
                                             upon the opposing party is not required.
                                                                                                                 [Docket No. 150903814–5999–02]                                  § 648.102(c)(2)(i)(A) through (C) in the
                                             Otherwise, documents shall be served
                                                                                                                                                                                 evaluation of requests for quota transfers
                                             personally or by mail on the opposing                               RIN 0648–XE679                                                  or combinations.
                                             party, noting on the document filed, or
                                                                                                                                                                                    North Carolina is transferring 3,732 lb
                                             on the transmitting letter, that a copy                             Fisheries of the Northeastern United
                                                                                                                                                                                 (1,693 kg) of summer flounder
                                             has been so furnished.                                              States; Summer Flounder Fishery;
                                                                                                                                                                                 commercial quota to Virginia. This
                                             ■ 28. In § 964.7, revise paragraph (a) to                           Quota Transfer
                                                                                                                                                                                 transfer was requested by North
                                             read as follows:                                                    AGENCY:  National Marine Fisheries                              Carolina to repay landings by a North
                                                                                                                 Service (NMFS), National Oceanic and                            Carolina-permitted vessel that landed in
                                             § 964.7    Presiding officers.
                                                                                                                 Atmospheric Administration (NOAA),                              Virginia under a safe harbor agreement.
                                               (a) The presiding officer shall be an                             Commerce.                                                          The revised summer flounder quotas
                                             Administrative Law Judge qualified in                                                                                               for calendar year 2016 are now:
                                                                                                                 ACTION: Temporary rule; quota transfer.
                                             accordance with law or the Judicial                                                                                                 Virginia, 1,759,561 lb (798,123 kg); and
                                             Officer. The Chief Administrative Law                               SUMMARY:   NMFS announces that the                              North Carolina, 2,143,714 lb (972,372
                                             Judge shall assign cases. The Judicial                              State of North Carolina is transferring a                       kg) based on the initial quotas published
                                             Officer may preside at the hearing if an                            portion of its 2016 commercial summer                           in the 2016–2018 Summer Flounder,
                                             Administrative Law Judge is                                         flounder quota to the Commonwealth of                           Scup and Black Sea Bass Specifications
                                             unavailable.                                                        Virginia. These quota adjustments are                           and previous 2016 quota transfers as
                                             *     *    *     *     *                                            necessary to comply with the Summer                             referenced in Table 1.

                                                                                                 TABLE 1—2016 SUMMER FLOUNDER QUOTA TRANSFERS
                                                                                    2016 Specifications Initial                         Transfer No. 1                       Transfer No. 2                      Transfer No. 3
                                                                                            Quota
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                                             Quota Transfer ..................     ...........................................   NC to MA, RI, NJ, and VA            NC to NJ and MA .............         VA to MA.
                                             Federal Register ................     80 FR 80689 .....................             81 FR 12030 .....................   81 FR 22032 .....................     81 FR 24714.
                                             Effective Date ....................   January 1, 2016 ................              March 7, 2016 ...................   April 13, 2016 ....................   April 26, 2016.
                                             Publication Date ................     December 28, 2015 ..........                  March 8, 2016 ...................   April 14, 2016 ....................   April 27, 2016.




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Document Created: 2016-06-21 01:30:38
Document Modified: 2016-06-21 01:30:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
ContactDiane Mego, (703) 812-1900, Postal Service Judicial Officer Department, 2101 Wilson Boulevard, Suite 600, Arlington, VA 22201-3078.
FR Citation81 FR 40191 
CFR Citation39 CFR 952
39 CFR 953
39 CFR 954
39 CFR 955
39 CFR 958
39 CFR 959
39 CFR 962
39 CFR 963
39 CFR 964
39 CFR 965
CFR AssociatedAdministrative Practice and Procedure; Fraud; Lotteries; Postal Service; Mailability; Periodicals; Government Contracts; Privacy; Advertising; Fictitious Names Or Addresses and Mail Disputes

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