Postal Regulatory Commission Final Rule

2026-06176: Rules Regarding Off-the-Record Procedures

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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.

The agency’s own summary, as published.

The rule, in full

753 words as published, March 31, 2026. View the original →

Federal Register, Volume 91 Issue 61 (Tuesday, March 31, 2026) [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 [www.gpo.gov] [FR Doc No: 2026-06176] ======================================================================= ----------------------------------------------------------------------- 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. -----------------------------------------------------------------------

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 https://www.prc.gov.

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\ --------------------------------------------------------------------------- \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). ---------------------------------------------------------------------------

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 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 COMMUNICATIONS 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. 2026-06176 Filed 3-30-26; 8:45 am] BILLING CODE 7710-FW-P

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