[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]



39 CFR Part 3001

[Docket No. RM2013-1; Order No. 1742]

Revisions to Rules of Practice; Corrections

AGENCY: Postal Regulatory Commission.

ACTION: Correcting amendments.


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, 

FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, 

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 

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:


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

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,
[FR Doc. 2014-09797 Filed 4-28-14; 8:45 am]