Rule2026-06176
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
March 31, 2026
Effective
April 30, 2026
Issuing agencies
Postal Regulatory Commission
Abstract
The Commission is revising its rules of practice and procedure to clarify the scope of permissible informal, off-the-record procedures discussed at Commission prehearing conferences.
Full Text
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<title>Federal Register, Volume 91 Issue 61 (Tuesday, March 31, 2026)</title>
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[Federal Register Volume 91, Number 61 (Tuesday, March 31, 2026)]
[Rules and Regulations]
[Page 15889]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06176]
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POSTAL REGULATORY COMMISSION
39 CFR Parts 3010 and 3012
[Docket No. RM2025-3; Order No. 9492]
RIN 3211-AA42
Rules Regarding Off-the-Record Procedures
AGENCY: Postal Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The Commission is revising its rules of practice and procedure
to clarify the scope of permissible informal, off-the-record procedures
discussed at Commission prehearing conferences.
DATES: Effective: April 30, 2026.
ADDRESSES: For additional information, Order No. 9492 can be accessed
electronically through the Commission's website at <a href="https://www.prc.gov">https://www.prc.gov</a>.
FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at
202-789-6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Basis for Final Rules
III. Final Rules
I. Background
The Commission's requirements for proceedings with an opportunity
for a hearing on the record are codified in 39 CFR part 3010, subpart
F. 39 CFR 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. . . .'' On February 5, 2026,
the Commission issued a notice of proposed rulemaking that would amend
Sec. 3010.302(e)(12) and the Commission's rules on ex parte
communications in 39 CFR part 3012.\1\
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\1\ Docket No. RM2025-3, Notice of Proposed Rulemaking to Amend
Rules Regarding Off-the-Record Procedures at Prehearing Conferences,
February 5, 2026 (Order No. 9447); see 91 FR 5880 (February 10,
2026).
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II. Basis for Final Rules
After considering comments received, the Commission adopts the
rules as proposed. The final rules amend Sec. 3010.302(e)(12) by
specifying a non-exhaustive list of permissible informal, off-the-
record procedures including prehearing conferences, technical
conferences, settlement conferences, and alternative dispute
resolution. The final rules also clarify that these informal, off-the-
record procedures are not considered ex parte communications as long as
advance public notice and an opportunity to participate is provided to
all persons participating in the matter before the Commission. The
Commission finds that each of these revisions align the regulations
with Administrative Procedure Act provisions and current law, ensure
consistency across the Commission's rules, and avoid any ambiguity
regarding on-the-record proceedings.
III. Final Rules
The Commission adopts final rules in order to improve the clarity
of its rules governing permissible informal, off-the-record procedures
discussed at Commission prehearing conferences.
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 amends
chapter III of title 39 of the Code of Federal Regulations as follows:
PART 3010--RULES OF PRACTICE AND PROCEDURE
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1. The authority citation for part 3010 continues to read as follows:
Authority: 39 U.S.C. 404(d); 503; 504; 3661.
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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 COMMUNICATIONS
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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.
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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. 2026-06176 Filed 3-30-26; 8:45 am]
BILLING CODE 7710-FW-P
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</html>Indexed from Federal Register on March 31, 2026.
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