Page:United States Statutes at Large Volume 120.djvu/3235

 120 STAT. 3204

Deadline.

Public comment.

VerDate 14-DEC-2004

12:05 Jul 13, 2007

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PUBLIC LAW 109–435—DEC. 20, 2006 ‘‘(II) may use any part of the unused rate adjustment authority from any year; ‘‘(III) shall use the unused rate adjustment authority from the earliest year such authority first occurred and then each following year; and ‘‘(IV) for any class or service, may not exceed the annual limitation under paragraph (1) by more than 2 percentage points. ‘‘(3) REVIEW.—Ten years after the date of enactment of the Postal Accountability and Enhancement Act and as appropriate thereafter, the Commission shall review the system for regulating rates and classes for market-dominant products established under this section to determine if the system is achieving the objectives in subsection (b), taking into account the factors in subsection (c). If the Commission determines, after notice and opportunity for public comment, that the system is not achieving the objectives in subsection (b), taking into account the factors in subsection (c), the Commission may, by regulation, make such modification or adopt such alternative system for regulating rates and classes for market-dominant products as necessary to achieve the objectives. ‘‘(e) WORKSHARE DISCOUNTS.— ‘‘(1) DEFINITION.—In this subsection, the term ‘workshare discount’ refers to rate discounts provided to mailers for the presorting, prebarcoding, handling, or transportation of mail, as further defined by the Postal Regulatory Commission under subsection (a). ‘‘(2) SCOPE.—The Postal Regulatory Commission shall ensure that such discounts do not exceed the cost that the Postal Service avoids as a result of workshare activity, unless— ‘‘(A) the discount is— ‘‘(i) associated with a new postal service, a change to an existing postal service, or with a new work share initiative related to an existing postal service; and ‘‘(ii) necessary to induce mailer behavior that furthers the economically efficient operation of the Postal Service and the portion of the discount in excess of the cost that the Postal Service avoids as a result of the workshare activity will be phased out over a limited period of time; ‘‘(B) the amount of the discount above costs avoided— ‘‘(i) is necessary to mitigate rate shock; and ‘‘(ii) will be phased out over time; ‘‘(C) the discount is provided in connection with subclasses of mail consisting exclusively of mail matter of educational, cultural, scientific, or informational value; or ‘‘(D) reduction or elimination of the discount would impede the efficient operation of the Postal Service. ‘‘(3) LIMITATION.—Nothing in this subsection shall require that a work share discount be reduced or eliminated if the reduction or elimination of the discount would— ‘‘(A) lead to a loss of volume in the affected category or subclass of mail and reduce the aggregate contribution to the institutional costs of the Postal Service from the category or subclass subject to the discount below what it otherwise would have been if the discount had not been reduced or eliminated; or

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