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39 CFR § 3012.3 - Definition of a matter before the Commission.

---
identifier: "/us/cfr/t39/s3012.3"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "39 CFR § 3012.3 - Definition of a matter before the Commission."
title_number: 39
title_name: "Postal Service"
section_number: "3012.3"
section_name: "Definition of a matter before the Commission."
chapter_name: "POSTAL REGULATORY COMMISSION"
subchapter_number: "C"
subchapter_name: "GENERAL RULES OF PRACTICE FOR PROCEEDINGS BEFORE THE COMMISSION"
part_number: "3012"
part_name: "EX PARTE COMMUNICATIONS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "39 U.S.C. 404(d)(5); 503; 504; 3661(c); 3662."
regulatory_source: "81 FR 42541, June 30, 2016, unless otherwise noted. Redesignated at 85 FR 9615, Feb. 19, 2020."
cfr_part: "3012"
---

# 3012.3 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) Paragraph (b) of this section does not apply to periodic reviews or reports issued by the Commission, or the 10-year review pursuant to 39 U.S.C. 3622(d)(3).

(d) 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.