Page:United States Statutes at Large Volume 84 Part 1.djvu/821

 84 STAT. ]

PUBLIC LAW 91-375-AUG. 12, 1970

763

date of the first rate decision applicable to that class or kind, exceed the direct and indirect postal costs attributable to mail of such class or kind (excluding all other costs of the Postal Service); and " (2) the rates for mail under sections 4859,4421,4422, 4452(a), and 4554(a) shall be equal, on and after the first day of the fifth si^ stau^6i7-620; year following the effective date of the first rate decision applicable to that class or kind, to the rates that would have been in effect for such mail if this subsection had not been enacted, No person who would have been entitled to mail matter under former section 4359 of this title shall mail such matter at the rates provided under this subsection unless he files annually with the Postal Service a written request for permission to mail matter at such rates. "§3627. Ad justing free and reduced rates "If Congress fails to appropriate an amount authorized under section 2401(c) of this title for any class of mail sent at a free or reduced Ante, p, 743. rate under section 3217, 3403-3405, or 3626 of this title, or under the Federal Voting Assistance Act of 1955, the rate for that class may 82^stIt.°'i8^K'^' be adjusted in accordance with the provisions of this subchapter so souse MSI. that the increased revenues received from the users of such class will equal the amount for that class that the Congress was to appropriate. "§ 3628. Appellate review "A decision of the Governors to approve, allow under protest, or modify the recommended decision of the Postal Kate Commission may be appealed to any court of appeals of the United States, within 15 days after its publication by the Public Printer, by an aggrieved party who appeared in the proceedings under section 3624(a) of this title. The court shall review the decision, in accordance with section 706 of title 5, and chapter 158 and section 2112 of title 28, except 622?^*^** ^^^' as otherwise provided in this section, on the basis of the record before 28 USC 2341. the Commission and the Governors. The court may affirm the decision '^^ ^t^** ^/t^' or order that the entire matter be returned for further consideration, but the court may not modify the decision. The court shall make the matter a preferred cause and shall expedite judgment in every way. The court may not suspend the effectiveness of the changes, or otherwise prevent them from taking effect until final disposition of the suit by the court. No court shall have jurisdiction to review a decision made by the Commission or Governors under this chapter except as provided in this section. " SUBCHAPTER III — TEMPORARY R A T E S AND C L A S S E S "§3641. Temporary changes in rates and classes " (a) If the Postal Rate Commission does not transmit to the Governors within 90 days after the Postal Service has submitted, or within 30 days after the Postal Service has resubmitted, to the Commission a request for a recommended decision on a change in rates of postage or in fees for postal services, or on a change in the mail classification schedule (after such schedule is established under section 3623 of this title), the Postal Service, upon 10 days' notice in the ^^^'*^i','^^"°" j " Federal Register, may place into effect temporary changes in rates Federal Register. of postage, in fees for postal service, or in the mail classification schedule it considers appropriate to carry out the provisions of this title. Any temporary change shall be effective for a period ending not later than 30 days after the Commission has transmitted its recommended decision to the Governors, "(b) If, under section 3628 of this title, a court orders a matter returned to the Commission for further consideration, the Postal Serv-

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