[Federal Register Volume 81, Number 9 (Thursday, January 14, 2016)]
[Proposed Rules]
[Pages 1931-1935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00544]


=======================================================================
-----------------------------------------------------------------------

POSTAL REGULATORY COMMISSION

39 CFR Parts 3000, 3001, and 3008

[Docket No. RM2016-4; Order No. 3005]


Ex Parte Communications

AGENCY: Postal Regulatory Commission.

ACTION: Proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Commission is proposing rules which amend the existing 
Commission rules concerning ex parte communications. The proposed rules 
are brought up to date to be consistent with the recommended approach 
to agency treatment of ex parte communications and reorganized for 
clarity. The Commission invites public comment on the proposed rules.

DATES: Comments are due: February 16, 2016. Reply comments are due: 
February 29, 2016.

FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 
202-789-6820.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. Background
III. Section-by-Section Analysis of Proposed Rule Changes
IV. Internal Policy and Library Reference
V. Public Representative
VI. Solicitation of Comments
VII. Ordering Paragraphs

I. Introduction

    This rulemaking is initiated by the Postal Regulatory Commission 
(Commission) to fulfill its responsibilities under the Postal 
Accountability and Enhancement Act (PAEA), Public Law 109-435, 120 
Stat. 3218 (2006). The proposed rules amend existing Commission rules 
concerning ex parte communications \1\ and obsolete rules no longer 
applicable under the PAEA are removed. Existing rules are brought up to 
date to be consistent with the recommended approach to agency treatment 
of ex parte communications \2\ and are further reorganized for clarity.
---------------------------------------------------------------------------

    \1\ Rules concerning ex parte communications control all 
interactions, oral or in writing (including electronic), between 
Commission decision-making personnel, and the United States Postal 
Service (Postal Service) or public stakeholders in matters before 
the Commission.
    \2\ See Esa L. Sferra-Bonistalli, Ex Parte Communications in 
Informal Rulemaking, May 1, 2014, (prepared for consideration of the 
Administrative Conference of the United States) (Sferra-Bonistalli 
Report); Administrative Conference of the United States, 
Administrative Conference Recommendation 2014-4, June 6, 2014, 
(Recommendation 2014-4).
---------------------------------------------------------------------------

    The ex parte communications rules currently appear in three areas 
of the Commission's applicable Code of Federal Regulations (CFR). This 
rulemaking proposes to replace, in their entirety, the rules currently 
appearing at 39 CFR, part 3000, subpart B. This rulemaking also 
proposes to reorganize the rules currently appearing at Sec.  3001.7, 
including a definition appearing at Sec.  3001.5(o), and moves this 
material to a new 39 CFR part 3008.

II. Background

    Applying ex parte communications principles promotes transparency 
and openness in government concerning its interactions with public 
stakeholders. See Recommendation 2014-4 at 2. These principles help 
prevent the perception that an entity may gain an unfair advantage over 
another by communicating inappropriately with the Commission on an ex 
parte basis. Id. at 3. These principles also reduce the risk that 
Commission decisions will be challenged in court based on alleged 
reliance on information obtained through inappropriate ex parte 
communications. Sferra-Bonistalli Report at 77-78.
    By statute, the Commission is only required to place restrictions 
on ex parte communications where the Commission must provide an 
opportunity for hearing on the record pursuant to 5 U.S.C. 556-557. 
Under the PAEA, this is limited to nature of postal service cases 
pursuant to 39 U.S.C. 3661.
    Historically, the Commission's regulations also extended 
restrictions on ex parte communications to post office appeal cases 
pursuant 39 U.S.C. 404(d)(5,6) and complaint cases pursuant to 39 
U.S.C. 3662. The Commission views this as appropriate because of the 
potential impact on participants and their associated rights that may 
result under these types of proceedings. The proposed rules continue to 
impose restrictions on ex parte communications for the same statutorily 
required and historical proceedings described above. See proposed 39 
CFR part 3008.
    Many other types of proceedings come before the Commission other 
than nature of service, post office closing, and complaint proceedings 
that are mentioned above.\3\ But there is no statutory requirement to 
impose ex parte communications restrictions in these other proceeding 
types. However, the Commission believes that the aforementioned ex 
parte principles suggest that all proceedings before the

[[Page 1932]]

Commission should be treated the same. A consistent policy applicable 
to all docket types is the simplest to understand and the most 
efficient to administer. Therefore, concomitant with the publishing of 
the final rules on ex parte communications concerning nature of 
service, post office closing, and complaint proceedings, the Commission 
will implement an internal policy requiring all docket types to adhere 
to nearly identical ex parte communications restrictions. The internal 
policy will be referenced in proposed 39 CFR part 3000, subpart B.
---------------------------------------------------------------------------

    \3\ For example, the Commission administers the Annual 
Compliance Report (ACR), Competitive Product (CP), Mail 
Classification (MC), Market Test (MT), Public Inquiry (PI), Rate/
Request (R), Rulemaking (RM), and Annual Tax Computation (T) 
proceedings.
---------------------------------------------------------------------------

    The proposed rules and the internal policy will be identical as far 
as prohibiting ex parte communications for matters before the 
Commission. They also will be identical in requiring a remedy of 
disclosure when an ex parte communication occurs. Because of the 
statutory requirements, there are differences in the types of 
sanctions, as will be explained below, that may be imposed when an ex 
parte communication occurs in a nature of service, post office closing, 
or complaint proceeding versus other types of proceedings. The 
Commission files the internal policy as Library Reference PRC-LR-
RM2016-4/1 for comparison purposes.

III. Section-by-Section Analysis of Proposed Rule Changes

    The rules in 39 CFR part 3000 are applicable only to Commission 
personnel.
    Section 3000.735-501 Ex parte communications prohibited. Existing 
rule 735-501 prohibits ex parte communications by Commission decision-
making personnel in certain contested matters before the Commission. 
The instant rulemaking attempts to address several issues with the 
existing rule. First, there is significant redundancy between this 
requirement and the requirements of existing Sec.  3001.7. Second, it 
is difficult to identify who qualifies as Commission decision-making 
personnel without referring to other unrelated sections of the CFR. 
Third, the rule currently refers to rate and classification cases under 
39 U.S.C. 3624, which were eliminated under the PAEA. Fourth, no 
guidance is offered to Commission personnel on how to treat ex parte 
communications outside the scope of the specific docket types mentioned 
under the existing rule.
    The proposed rule addresses these concerns by restructuring Sec.  
3000.735-501. First, the substance of existing Sec.  3000.735-501 is 
moved to proposed part 3008 and consolidated with material from 
existing Sec.  3001.7.\4\ Existing Sec.  3000.735-501 is revised to 
inform Commission personnel of the Commission's general policy 
concerning ex parte communications. See proposed Sec.  3000.735-501(a). 
This policy requires uniform treatment for ex parte communications in 
all proceeding types before the Commission. There is a general 
prohibition on ex parte communications on matters before the Commission 
with disclosure as the primary remedy for inadvertent ex parte 
communications. The proposed rule also provides notice that the 
internal Commission policy is available on the Commission's public Web 
site. The intent of making the policy public is to make external 
stakeholders aware of how Commission personnel will treat ex parte 
communications for all proceeding types.
---------------------------------------------------------------------------

    \4\ Proposed part 3008 in part identifies the applicable 
decision-making personnel and removes references to previous rate 
and classification cases.
---------------------------------------------------------------------------

    Finally, Commission personnel are directed to proposed part 3008. 
See proposed Sec.  3000.735-501(b). This part provides the specific 
requirements concerning nature of service proceedings, post office 
closing, and complaint proceedings. Except for the differences in 
potential sanctions for violation of the rule, the internal policy 
(applicable to all case types) and the requirement of part 3008 
(applicable to a subset of case types) are intended to be consistent.
    Section 3000.735-502 Public record of ex parte communications. The 
existing rule requires Commission personnel to disclose all ex parte 
communication in certain matters before the Commission. This rulemaking 
proposes to move the substance of the disclosure requirement to 
proposed rule 3008.6 and reserves Sec.  3000.735-502 for future use.
    Section 3001.5(o) Definitions. Ex parte communication. The existing 
rule provides the current definition of ex parte communications. This 
rulemaking proposes to move the definition to Sec.  3008.2. The 
definition will be updated consistent with the recommended agency 
treatment of ex parte communications. The updated definition adds that 
electronic communications qualify as ex parte communications. The 
definition also provides a detailed list of exceptions to the otherwise 
broad scope of covered communications. Existing Sec.  3001.5(o) is 
reserved for future use.
    Section 3001.7 Ex parte communications. The Commission's ex parte 
communications rules (applicable to the pre-PAEA subset of case types) 
are currently located in Sec.  3001.7. The Commission proposes to move 
the substance of these rules to new part 3008. The amended rules will 
address the requirements for nature of service proceedings, post office 
closing, and complaint proceedings that come before the Commission. The 
rules will be applicable to Commission personnel, the Postal Service, 
and all outside entities that interact with the Commission.
    Section 3008.1 Applicability. Proposed Sec.  3008.1 specifies that 
the rules provided within part 3008 are applicable to nature of 
service, post office closing, and complaint proceedings. It also 
provides the Commission with discretion to impose ex parte 
communication restrictions concerning other matters that come before 
the Commission, where appropriate.
    Section 3008.2 Definition of ex parte communications. Proposed 
Sec.  3008.2 begins with a broad definition of ex parte communications 
and then limits the scope of the definition through a series of 
exceptions. The broad definition includes all communications, oral or 
written (including electronic), between Commission decision-making 
personnel, and the Postal Service or public stakeholders regarding 
matters before the Commission. The exceptions limit the scope of the 
definition to exclude: (1) Documents filed using the Commission's 
docketing system; (2) communications during widely publicized 
Commission meetings, hearings, or other publicly noticed events for 
which a summary of the meeting, hearing or event is provided for the 
record; (3) communications during off-the-record technical conferences 
or publicly noticed pre-filing conferences for nature of service cases; 
(4) questions and replies concerning Commission procedures and 
uncontested status inquiries; and (5) communications not material to 
the matter before the Commission. The approach to this rule is intended 
to be consistent with the Sferra-Bonistalli Report and the 
Administrative Conference's Recommendation 2014-4 with tailoring to the 
Commission's operations.
    Section 3008.3 Definition of a matter before the Commission. 
Proposed Sec.  3008.3 defines when a matter is or is not ``before the 
Commission'' for purposes of determining when the ex parte 
communication rules apply. The proposed rule provides the Commission 
with discretion to apply ex parte communications restrictions at any 
time, but no later than when a request to initiate a proceeding is 
received or

[[Page 1933]]

when the Commission notices a proceeding. It also imposes ex parte 
communication restrictions when there is an affirmative action 
announcing, or active preparation of, an actual request with intent to 
file in a reasonable period of time. The effect of this rule is to 
limit the application of the ex parte communications rules to exclude 
most, if not all, communications until a matter has actually been 
initiated by an outside entity or noticed by the Commission (or either 
of these actions is imminent).
    Section 3008.4 Definitions of persons subject to ex parte 
communications rules. Proposed Sec.  3008.4 defines ``Commission 
decision-making personnel,'' the ``Postal Service,'' ``public 
stakeholders,'' and ``Commission non-decision-making personnel,'' for 
the purposes of the ex parte communications rules. The proposed rule 
incorporates the definitions of ``Commission decision-making 
personnel,'' and ``Commission non-decision-making personnel,'' from 
existing Sec.  3001.7(a), and broadens the definition to include 
contractors, consultants, and others hired to assist with analysis and 
decisions. The proposed rule, for the first time, includes definitions 
for Postal Service personnel and other public stakeholders.
    Section 3008.5 Prohibitions. Proposed Sec.  3008.5(a) imposes a 
general prohibition of ex parte communications between Commission 
decision-making personnel and the Postal Service or other public 
stakeholders. The proposed rule adds that Commission decision-making 
personnel are prohibited from relying upon any information obtained 
through ex parte communications. See proposed Sec.  3008(b). Finally, 
proposed Sec.  3008(c) clarifies that proposed Sec.  3008(a) does not 
constitute authority to withhold information from Congress.
    Section 3008.6 Required action upon ex parte communications. 
Proposed Sec.  3008.6 mirrors existing Sec.  3001.7(b)(3) through (5) 
setting forth the actions required when ex parte communications occur. 
Three steps are outlined. Commission decision-making personnel are 
first required to decline to listen to ex parte communications. If ex 
parte communications occur regardless of efforts to prevent such 
communications, the communications must be disclosed. Finally, under 
certain circumstances, there may be an opportunity for others to rebut 
the contents of the ex parte communications.
    Section 3008.7 Penalty for violation of ex parte communication 
rules. Proposed Sec.  3008.7 mirrors existing Sec.  3001.7(d)(1) and 
(2), outlining the penalties for violations of the ex parte 
communications rules. This includes providing possible violators of the 
rules with an opportunity to show cause why their claim should not be 
dismissed, denied, disregarded, or otherwise adversely affect the 
outcome of the proceeding.

IV. Internal Policy and Library Reference

    Library Reference PRC-LR-RM2016-4/1 is a copy of the Commission's 
written employee policy regarding ex parte communications. The 
Commission intends to adopt this policy to further its goal of 
transparency and openness in all dockets. Though ex parte restrictions 
are only statutorily required by regulation for nature of service, post 
office appeals, and complaint matters, the Commission seeks to 
alleviate any real or perceived unfairness in its communications with 
stakeholders in all cases and thus creates this new ex parte policy.
    The policy will be posted to the Commission Web site at www.prc.gov 
if and when the Commission adopts final rules pursuant to this 
proceeding. Although the attached employee policy will not be binding 
on persons outside of the Commission, public disclosure of the document 
will better inform outside entities concerning the Commission's 
treatment of ex parte communications in all proceeding types that may 
come before the Commission. The Commission welcomes public comment on 
the policy to identify problems and to ensure consistency with the 
proposed rules discussed herein and with the Commission's regulatory 
scheme as a whole.

V. Public Representative

    Pursuant to 39 U.S.C. 505, Patricia A. Gallagher is appointed the 
officer of the Commission (Public Representative) to represent the 
interests of the general public in the captioned docket.

VI. Solicitation of Comments

    Interested persons are invited to comment on the rules proposed in 
this rulemaking. Interested persons may also comment on the attached 
internal Commission policy concerning ex parte communications to ensure 
consistency with the proposed rules. Comments are due no later than 30 
days, and reply comments no later than 45 days, after publication of 
this Notice in the Federal Register.

VII. Ordering Paragraphs

    It is ordered:
    1. The Commission establishes Docket No. RM2016-4 for the purpose 
of considering changes to the Commission's rules governing ex parte 
communications.
    2. The Commission proposes to amend existing ex parte 
communications rules appearing at 39 CFR part 3000, subpart B, and to 
move and amend existing ex parte communications rules previously 
appearing at Sec.  3001.5(o) and Sec.  3001.7 into new 39 CFR part 
3008.
    3. Pursuant to 39 U.S.C. 505, the Commission appoints Patricia A. 
Gallagher to serve as an officer of the Commission (Public 
Representative) to represent the interests of the general public in 
these proceedings.
    4. Interested persons may submit initial comments no later than 30 
days from the date of publication of this Notice in the Federal 
Register.
    5. Reply Comments may be filed no later than 45 days from the date 
of publication of this Notice in the Federal Register.
    6. The Secretary shall arrange for publication of this Notice in 
the Federal Register.

    By the Commission.
Stacy L. Ruble,
Secretary.

List of Subjects

39 CFR Part 3000

    Conflicts of interests, Ex parte communications.

39 CFR Part 3001

    Administrative practice and procedure, Confidential business 
information, Ex parte communications, Freedom of information, Sunshine 
Act.

39 CFR Part 3008

    Administrative practice and procedure, Ex parte communications.

    For the reasons discussed in the preamble, the Commission proposes 
to amend chapter III of title 39 of the Code of Federal Regulations as 
follows:

PART 3000--STANDARDS OF CONDUCT

0
1. The authority citation for part 3000 is revised to read as follows:

    Authority: 39 U.S.C. 503; 504, 3603; E.O. 12674; 54 FR 15159; 3 
CFR,1989 Comp., p. 215, as modified by E.O. 12731, 56 FR 42547, 3 
CFR, 1990 Comp., p. 396, 5 CFR parts 2634 and 2635.

0
2. Revise subpart B of part 3000 to read as follows:

Subpart B--Ex Parte Communications

Sec.
3000.735-501 Ex parte communications prohibited.
3000.735-502 [Reserved]


[[Page 1934]]




Sec.  3000.735-501  Ex parte communications prohibited.

    (a) The Commission maintains a written employee policy regarding ex 
parte communications applicable to all interactions, oral or in writing 
(including electronic), between Commission decision-making personnel, 
and the United States Postal Service or public stakeholders in matters 
before the Commission. It is the responsibility of all Commission 
personnel to comply with this policy, including the responsibility to 
inform persons not employed by the Commission of this policy when 
required. The policy is available for review on the Commission's Web 
site at www.prc.gov.
    (b) Additional ex parte communications requirements, applicable to 
specific docket types, are described in part 3008 of this chapter.


Sec.  3000.735-502  [Reserved]

PART 3001--RULES OF PRACTICE AND PROCEDURE

0
3. The authority citation of part 3001 continues to read as follows:

    Authority:  39 U.S.C. 404(d); 503; 504; 3661.


Sec.  3001.5  [Amended]

0
4. Amend Sec.  3001.5 by removing and reserving paragraph (o).


Sec.  3001.7  [Removed and reserved]

0
5. Remove and reserve Sec.  3001.7.
0
6. Add part 3008 to read as follows:

PART 3008--EX PARTE COMMUNICATIONS

Sec.
3008.1 Applicability.
3008.2 Definition of ex parte communications.
3008.3 Definition of a matter before the Commission.
3008.4 Definitions of persons subject to ex parte communication 
rules.
3008.5 Prohibitions.
3008.6 Required action upon ex parte communication.
3008.7 Penalty for violation of ex parte communication rules.


    Authority: 39 U.S.C. 404(d)(5); 503; 504; 3661(c); 3662.


Sec.  3008.1  Applicability.

    (a) The rules in this section are applicable to the Commission 
proceedings identified in paragraphs (b) through (e) of this section.
    (b) The nature of postal service proceedings conducted pursuant to 
39 U.S.C. 3661(c).
    (c) The appeals of Postal Service decisions to close or consolidate 
any post office conducted pursuant to 39 U.S.C. 404(d)(5).
    (d) Rate or service complaints conducted pursuant to 39 U.S.C. 
3662.
    (e) Any other matter in which the Commission, in its discretion, 
determines that it is appropriate to apply the rules of this section.


Sec.  3008.2  Definition of ex parte communications.

    (a) Subject to the exceptions specified in paragraph (b) of this 
section, ex parte communications include all communications, oral or 
written (including electronic), between Commission decision-making 
personnel, and the Postal Service or public stakeholders regarding 
matters before the Commission.
    (b) Ex parte communications do not include:
    (1) Documents filed using the Commission's docketing system;
    (2) Communications during the course of Commission meetings or 
hearings, or other widely publicized events where the Commission 
provides advance public notice of the event indicating the matter to be 
discussed, the event is open to all persons participating in the matter 
before the Commission, and a summary of the event is provided for the 
record;
    (3) Communications during the course of off-the-record technical 
conferences associated with a matter before the Commission, or the pre-
filing conference for nature of service cases required by Sec.  3001.81 
of this chapter, where advance public notice of the event is provided 
indicating the matter to be discussed, and the event is open to all 
persons participating in the matter before the Commission;
    (4) Questions concerning Commission procedures, the status of a 
matter before the Commission, or the procedural schedule of a pending 
matter, where these issues are not contested matters before the 
Commission; and
    (5) Communications not material to the matter before the 
Commission.


Sec.  3008.3  Definition of a matter before the Commission.

    (a) A matter is before the Commission at such time as the 
Commission may designate, but in no event later than the earlier of the 
filing of a request to initiate a proceeding or the Commission noticing 
a proceeding.
    (b) A matter is also before the Commission at such time as the 
person responsible for the communication has knowledge that a request 
to initiate a proceeding is expected to be filed.
    (c) The following explanations apply:
    (1) A matter is no longer before the Commission upon the issuance 
of the final order or decision in the docketed matter;
    (2) A matter is again before the Commission upon the filing of a 
request for reconsideration. The matter remains before the Commission 
until resolution of the matter under reconsideration;
    (3) A matter is again before the Commission upon the remand of a 
Commission's final decision or order by an appellate court. The matter 
remains before the Commission until resolution of the matter under 
remand; and
    (4) The mere potential that a request may be filed does not place a 
matter before the Commission. An affirmative action announcing, or 
actively preparing, an actual request with the intent to file within a 
reasonable period of time must be present.


Sec.  3008.4  Definitions of persons subject to ex parte communication 
rules.

    (a) Commission decision-making personnel include:
    (1) The Commissioners and their staffs;
    (2) The General Counsel and staff;
    (3) The Director of the Office of Accountability and Compliance and 
staff;
    (4) Contractors, consultants, and others hired by the Commission to 
assist with the Commission's analysis and decision; and
    (5) Any other employee who may reasonably be expected to be 
involved in the decisional process.
    (b) The Postal Service includes all Postal Service employees, 
contractors, consultants, and others with an interest in a matter 
before the Commission. Any interaction between the Postal Service and 
Commission decision-making personnel concerning a matter before the 
Commission expresses an interest in the matter before the Commission.
    (c) Public stakeholders include all other persons not previously 
described, with an interest in a matter before the Commission. This 
includes the Commission non-decision-making personnel identified in 
paragraph (d) of this section. Any interaction between a public 
stakeholder and Commission decision-making personnel concerning a 
matter before the Commission expresses an interest in the matter before 
the Commission.
    (d) Commission non-decision-making personnel include:
    (1) All Commission personnel other than decision-making personnel;
    (2) Commission personnel not participating in the decisional 
process owing to the prohibitions of Sec.  3001.8 of this chapter 
regarding no participation by investigative or prosecuting officers;
    (3) The Public Representative and other Commission personnel 
assigned to

[[Page 1935]]

represent the interests of the general public pursuant to 39 U.S.C. 505 
in the specific case or controversy at issue (regardless of normally 
assigned duties); and
    (4) Contractors, consultants, and others hired by the Commission to 
provide an independent analysis of issues before the Commission (and 
Commission employees assigned thereto).


Sec.  3008.5  Prohibitions.

    (a) Ex parte communications between Commission decision-making 
personnel, and the Postal Service or public stakeholders is prohibited.
    (b) Commission decision-making personnel shall not rely upon any 
information obtained through ex parte communications.
    (c) Paragraph (a) of this section does not constitute authority to 
withhold information from Congress.


Sec.  3008.6  Required action upon ex parte communications.

    (a) 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 the communication will not be considered, and shall promptly and 
fully inform the Commission in writing of the substance of and the 
circumstances attending the communication, so that the Commission will 
be able to take appropriate action.
    (b) Commission decision-making personnel who receive, or who make 
or knowingly cause to be made, ex parte communications prohibited by 
this part shall promptly place, or cause to be placed, on the public 
record of the proceeding:
    (1) All such written communications;
    (2) Memoranda stating the substance of all such oral 
communications; and
    (3) All written responses, and memoranda stating the substance of 
all oral responses, to the materials described in (b)(1) and (2) of 
this section.
    (c) 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) 
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. In lieu of actually receiving rebuttal 
material, the Commission may in its discretion direct that the alleged 
factual assertion and the proposed rebuttal be disregarded in arriving 
at a decision.


Sec.  3008.7  Penalty for violation of ex parte communication rules.

    (a) Upon notice of a communication knowingly made or knowingly 
caused to be made by a participant in violation of Sec.  3008.5(a), the 
Commission or presiding officer may, to the extent consistent with the 
interests of justice and the policy of the underlying statutes, require 
the participant to show cause why his/her claim or interest in the 
proceeding should not be dismissed, denied, disregarded, or otherwise 
adversely affected on account of such violation.
    (b) The Commission may, to the extent consistent with the interests 
of justice and the policy of the underlying statutes administered by 
the Commission, consider a violation of Sec.  3008.5(a) sufficient 
grounds for a decision adverse to a party who has knowingly committed 
such violation or knowingly caused such violation to occur.

[FR Doc. 2016-00544 Filed 1-13-16; 8:45 am]
BILLING CODE 7710-FW-P