Page:United States Statutes at Large Volume 80 Part 1.djvu/853

 80 STAT. ]

PUBLIC LAW 89-593-SEPT. 20, 1966

"(3) any other condition exists with respect to the fourth-class mail service which is impairing the efficient and economical operation of such service, by reason of— " (A) the rates of postage on fourth-class mail (other than the rates prescribed by sections 4422, 4554, and 4651 to 4654, inclusive, of this title), or " (B) the classification of articles mailable as fourth-class mail, or " (C) the postal zone structure or the method used in establishing such structure, or " (D) any other condition of mailability as fourth-class mail (other than size and weight limits), he shall file with the Interstate Commerce Commission a request to— "(i) increase or decrease, as he deems advisable, any rate or rates of postage on fourth-class mail (other than the rates prescribed by sections 4422, 4554, and 4651 to 4654, inclusive, of this title), or "(ii) reform any condition or conditions of mailability within the purview of subparagraphs (B), (C), and (D) of this subsection, or "(iii) take both such actions. " (b) The request of the Postmaster General under subsection (a) of this section for an increase or decrease in any rate or rates of postage or for reformation of any other condition or conditions of mailability, or both, shall be deemed approved on the thirtieth day following the date on which the Postmaster General files such request with the Interstate Commerce Commission, and shall become effective in accordance with the terms of the request, unless, prior to the expiration of such thirtieth day— "(1) such request is rejected by the Commission, or "(2) the Commission orders an investigation of such request. If final determination by the Commission, on the basis of such investigation, is not made prior to the expiration of the one hundred and eightieth day after the date of the filing of such request with the Commission, such request shall be deemed approved at the close of such one hundred and eightieth day and shall become effective in accordance with its terms. "§4559. Certification on fourth-class mail revenue-cost relationship "The Postmaster General shall not withdraw from the general fund of the Treasury any funds appropriated to the Department for any fiscal year, until he has certified in writing to the Secretary of the Treasury that— "(1) he has reason to believe that the revenues from the rates of postage on fourth-class mail (other than fourth-class mail for which the rates are prescribed by sections 4422, 4554, and 4651 to 4654, inclusive, of this title) will not be greater than the costs thereof by more than 4 per centum and will not be less than the costs thereof by more than 4 per centum; or "(2) he has filed with the Interstate Commerce Commission a request for the establishment or reformation of rates or other conditions of mailability, or both, in accordance with section 4558 of this title, with the objective that the revenues of such fourthclass mail will not be greater than the costs thereof by more than 4 per centum, or will not be less than the costs thereof by more than 4 per centum; or

817

�