[Federal Register Volume 79, Number 82 (Tuesday, April 29, 2014)]
[Rules and Regulations]
[Pages 23916-23917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-09797]
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POSTAL REGULATORY COMMISSION
39 CFR Part 3001
[Docket No. RM2013-1; Order No. 1742]
Revisions to Rules of Practice; Corrections
AGENCY: Postal Regulatory Commission.
ACTION: Correcting amendments.
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SUMMARY: The Postal Regulatory Commission published a document in the
Federal Register on June 18, 2013 (78 FR 36434) revising certain
Commission rules of practice. That document inadvertently omits the
word ``except'' in the introductory text of 39 CFR 3001.7(b). In
addition, an amendatory instruction led to the unintended omission of
Sec. 3001.7(b)(1) through (b)(5) in the Code of Federal Regulations.
This document corrects the final regulations by restoring the omitted
elements, consistent with the scope and intent of Order No. 1742.
DATES: Effective: April 29, 2014 and is applicable beginning June 18,
2013.
FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel,
202-789-6820.
SUPPLEMENTARY INFORMATION: This document reflects technical amendments
based on a review of the consistency of Order No. 1742 as issued with
the codification of the Commission's rules in title 39, Code of Federal
Regulations.
List of Subjects in 39 CFR Part 3001
Administrative practice and procedure, Freedom of information,
Postal Service, Sunshine Act.
Accordingly, 39 CFR part 3001 is corrected by making the following
correcting amendments:
PART 3001--RULES OF PRACTICE AND PROCEDURE
0
1. The authority citation for part 3001 continues to read as follows:
Authority: 39 U.S.C. 404(d); 503; 504; 3661.
Subpart A--Rules of General Applicability
0
2. In Sec. 3001.7, revise paragraph (b) to read as follows:
Sec. 3001.7 Ex parte communications.
* * * * *
(b) Prohibition. In any agency proceeding conducted under section
3661 of the Act; noticed and set for hearing by the Commission pursuant
to Sec. Sec. 3001.17 and 3001.18(a); or any proceeding conducted
pursuant to part 3025 of this chapter except to the extent required for
the disposition of ex parte matters as authorized by law:
(1) Interested persons outside the Commission and non-decision-
making Commission personnel shall not make or knowingly cause to be
made to any Commission decision-making personnel ex parte
communications relevant to the merits of the proceeding;
(2) Commission decision-making personnel shall not make or
knowingly cause to be made to any interested person outside the
Commission or to non-decision-making Commission personnel ex parte
communications relevant to the merits of the proceeding;
(3) Commission decision-making personnel who receive ex parte
communications relevant to the merits of the proceeding shall decline
to listen to such communications and explain that the matter is pending
for determination. Any recipient thereof shall advise the communicator
that he/she will not consider the communication and shall promptly and
fully inform the Commission in writing
[[Page 23917]]
of the substance of and the circumstances attending the communication,
so that the Commission will be able to take appropriate action.
(4) Commission decision-making personnel who receive, or who make
or knowingly cause to be made, communications prohibited by this
paragraph shall place on the public record of the proceeding:
(i) All such written communications;
(ii) Memoranda stating the substance of all such oral
communications; and
(iii) All written responses, and memoranda stating the substance of
all oral responses, to the materials described in paragraphs (b)(4)(i)
and (b)(4)(ii) of this section.
(5) Requests for an opportunity to rebut, on the record, any facts
or contentions contained in an ex parte communication which have been
placed on the public record of the proceeding pursuant to paragraph
(b)(4) of this section may be filed in writing with the Commission. The
Commission will grant such requests only where it determines that the
dictates of fairness so require. Generally, in lieu of actually
receiving rebuttal material, the Commission will direct that the
alleged factual assertion and the proposed rebuttal be disregarded in
arriving at a decision.
* * * * *
Shoshana M. Grove,
Secretary.
[FR Doc. 2014-09797 Filed 4-28-14; 8:45 am]
BILLING CODE 7710-FW-P