Page:United States Statutes at Large Volume 120.djvu/3234

 PUBLIC LAW 109–435—DEC. 20, 2006

120 STAT. 3203

‘‘(iii) provide for the Postal Regulatory Commission to notify the Postal Service of any noncompliance of the adjustment with the limitation under subparagraph (A); and ‘‘(iv) require the Postal Service to respond to the notice provided under clause (iii) and describe the actions to be taken to comply with the limitation under subparagraph (A); ‘‘(D) establish procedures whereby the Postal Service may adjust rates not in excess of the annual limitations under subparagraph (A); and ‘‘(E) notwithstanding any limitation set under subparagraphs (A) and (C), and provided there is not sufficient unused rate authority under paragraph (2)(C), establish procedures whereby rates may be adjusted on an expedited basis due to either extraordinary or exceptional circumstances, provided that the Commission determines, after notice and opportunity for a public hearing and comment, and within 90 days after any request by the Postal Service, that such adjustment is reasonable and equitable and necessary to enable the Postal Service, under best practices of honest, efficient, and economical management, to maintain and continue the development of postal services of the kind and quality adapted to the needs of the United States. ‘‘(2) LIMITATIONS.— ‘‘(A) CLASSES OF MAIL.—Except as provided under subparagraph (C), the annual limitations under paragraph (1)(A) shall apply to a class of mail, as defined in the Domestic Mail Classification Schedule as in effect on the date of enactment of the Postal Accountability and Enhancement Act. ‘‘(B) ROUNDING OF RATES AND FEES.—Nothing in this subsection shall preclude the Postal Service from rounding rates and fees to the nearest whole integer, if the effect of such rounding does not cause the overall rate increase for any class to exceed the Consumer Price Index for All Urban Consumers. ‘‘(C) USE OF UNUSED RATE AUTHORITY.— ‘‘(i) DEFINITION.—In this subparagraph, the term ‘unused rate adjustment authority’ means the difference between— ‘‘(I) the maximum amount of a rate adjustment that the Postal Service is authorized to make in any year subject to the annual limitation under paragraph (1); and ‘‘(II) the amount of the rate adjustment the Postal Service actually makes in that year. ‘‘(ii) AUTHORITY.—Subject to clause (iii), the Postal Service may use any unused rate adjustment authority for any of the 5 years following the year such authority occurred. ‘‘(iii) LIMITATIONS.—In exercising the authority under clause (ii) in any year, the Postal Service— ‘‘(I) may use unused rate adjustment authority from more than 1 year;

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