Proposed Rule2026-02591
Rules Regarding Off-the-Record Procedures
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 10, 2026
Issuing agencies
Postal Regulatory Commission
Abstract
The Notice of Proposed Rulemaking proposes amendments to revise the Commission's rules regarding permissible off-the-record procedures in proceedings with an opportunity for a hearing on the record. The proposed amendments also revise the Commission's rules to clarify that informal off-the-record procedures are consistent with the Commission's ex parte rules when participants receive advance notice and an opportunity to participate. This document informs the public of the filing, invites public comment, and takes other administrative steps.
Full Text
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<title>Federal Register, Volume 91 Issue 27 (Tuesday, February 10, 2026)</title>
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[Federal Register Volume 91, Number 27 (Tuesday, February 10, 2026)]
[Proposed Rules]
[Pages 5880-5881]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02591]
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POSTAL REGULATORY COMMISSION
39 CFR Parts 3010 and 3012
[Docket No. RM2025-3; Order No. 9447]
RIN 3211-AA42
Rules Regarding Off-the-Record Procedures
AGENCY: Postal Regulatory Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Notice of Proposed Rulemaking proposes amendments to
revise the Commission's rules regarding permissible off-the-record
procedures in proceedings with an opportunity for a hearing on the
record. The proposed amendments also revise the Commission's rules to
clarify that informal off-the-record procedures are consistent with the
Commission's ex parte rules when participants receive
[[Page 5881]]
advance notice and an opportunity to participate. This document informs
the public of the filing, invites public comment, and takes other
administrative steps.
DATES: Comments are due: March 12, 2026.
ADDRESSES: Submit comments electronically via the Commission's Filing
Online system at <a href="https://www.prc.gov">https://www.prc.gov</a>. Those who cannot submit comments
electronically should contact the person identified in the FOR FURTHER
INFORMATION CONTACT section by telephone for advice on filing
alternatives. The Rule Summary can be found on the Commission's Rule
Summary Page at <a href="https://www.prc.gov/rule-summary-page">https://www.prc.gov/rule-summary-page</a>.
FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at
202-789-6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Basis of Proposed Rules
III. Proposed Rules
I. Background
The Administrative Procedure Act (APA) is a federal law that, among
other things, prescribes the procedural framework for formal agency
adjudications and hearings required by statute to be made on the
record.\1\ Commission requirements for proceedings with an opportunity
for a hearing on the record are described in 39 CFR part 3010, subpart
F. Section 3010.302(e)(12), which governs prehearing conferences,
requires the presiding officer and parties to consider and resolve
several matters, including ``[a]ll other matters which would aid in an
expeditious disposition of the proceeding . . . .''
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\1\ Administrative Procedure Act, Public Law 79-404, Sec. 6, 60
Stat. 237 (1946) (codified in 5 U.S.C. 551-559 and 701-706).
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The proposed amendments would revise Sec. 3010.302(e)(12) to
clarify that, by consent, parties may use informal off-the-record
procedures consistent with the APA to expedite resolution of
proceedings without compromising on-the-record adjudications. The
proposed amendments would also revise the Commission's rules to clarify
that informal off-the-record procedures are consistent with the
Commission's ex parte rules as long as certain requirements are met.
II. Basis of Proposed Rules
Pursuant to 39 U.S.C. 503, the Commission proposes two amendments
to its rules. First, it proposes revisions to the Commission's rules of
practice and procedure in 39 CFR part 3010, subpart F governing
proceedings conducted with an opportunity for a hearing on-the-record.
The Commission proposes to amend existing Sec. 3010.302(e)(12) to add
a non-exhaustive list of permissible informal off-the-record
procedures, including prehearing conferences, technical conferences,
settlement conferences, or alternative dispute resolution.
Second, the Commission proposes revisions to the Commission's rules
on ex parte communications in 39 CFR part 3012. The Commission proposes
to amend existing section 3012.2(b)(3) to exclude from the definition
of ex parte communications informal off-the-record procedures
associated with on-the-record proceedings as long as participants
receive advanced notice and an opportunity to participate.
The Commission finds that each of these revisions would align the
regulations with APA provisions and current law, ensure consistency
across the Commission's rules, and avoid any ambiguity regarding on-
the-record proceedings.
III. Proposed Rules
List of Subjects
39 CFR Part 3010
Administrative practice and procedure, Confidential business
information, Freedom of information, Sunshine Act.
39 CFR Part 3012
Administrative practice and procedure, Courts.
For the reasons stated in the preamble, the Commission proposes to
amend chapter III of title 39 of the Code of Federal Regulations as
follows:
PART 3010--RULES OF PRACTICE AND PROCEDURE
0
1. The authority citation for part 3010 continues to read as follows:
Authority: 39 U.S.C. 404(d); 503; 504; 3661.
0
2. Amend Sec. 3010.302 by revising paragraph (e)(12) to read as
follows:
Sec. 3010.302 Prehearing conferences.
* * * * *
(e) * * *
(12) All other matters which would aid in an expeditious
disposition of the proceeding, including consent of the parties to use
informal off-the-record procedures such as prehearing conferences,
technical conferences, settlement conferences, or alternative dispute
resolution consistent with 5 U.S.C. 556.
* * * * *
PART 3012--EX PARTE RULES
0
3. The authority citation for part 3012 continues to read as follows:
Authority: 39 U.S.C. 404(d)(5); 503; 504; 3661(c); 3662.
0
4. Amend Sec. 3012.2 by revising paragraph (b)(3) to read as follows:
Sec. 3012.2 Definition of ex parte communications.
* * * * *
(b) * * *
(3) Communications where advance public notice and an opportunity
to participate is provided to all persons participating in the matter
before the Commission that occur: during the course of off-the-record
technical conferences associated with a matter before the Commission,
or communications during the course of off-the-record procedures
associated with proceedings with an opportunity for a hearing on-the-
record under part 3010, subpart F of this chapter, including without
limitation the pre-filing conference for nature of service cases
required by Sec. 3020.111 of this chapter; prehearing conferences
conducted under Sec. 3010.302(c) of this chapter; settlement
conferences under Sec. 3010.320 of this chapter; and alternative
dispute resolution and settlement of complaints by informal procedures
under Sec. 3022.40 of this chapter.
* * * * *
By the Commission.
Mallory S. Richards,
Attorney-Advisor.
[FR Doc. 2026-02591 Filed 2-9-26; 8:45 am]
BILLING CODE 7710-FW-P
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</html>Indexed from Federal Register on February 10, 2026.
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