
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 39USC3641]

 
                        TITLE 39--POSTAL SERVICE
 
                          PART IV--MAIL MATTER
 
             CHAPTER 36--POSTAL RATES, CLASSES, AND SERVICES
 
               SUBCHAPTER III--TEMPORARY RATES AND CLASSES
 
Sec. 3641. Temporary changes in rates and classes

    (a) In any case in which the Postal Rate Commission fails to 
transmit a recommended decision on a change in rates of postage or in 
fees for postal services to the Governors in accordance with section 
3624(c) of this title, the Postal Service may establish temporary 
changes in rates of postage and in fees for postal services in 
accordance with the proposed changes under consideration by the 
Commission. Such temporary changes may take effect upon such date as the 
Postal Service may determine, except that such temporary changes may 
take effect only after 10 days' notice in the Federal Register.
    (b) Any temporary rate or fee established by the Postal Service 
under subsection (a) of this section shall be in accordance with the 
policies of this title and shall not exceed such amount as may be 
necessary for sufficient revenues to assure that the total estimated 
income, including appropriations, of the Postal Service shall, to the 
extent practicable, be equal to the total estimated costs of the Postal 
Service.
    (c) Notwithstanding the provisions of subsection (b) of this 
section, the Postal Service may not establish any temporary rate for a 
class of mail or any temporary fee for a postal service which is more 
than the permanent rate or fee requested for such class or postal 
service by the Postal Service under section 3622 of this title.
    (d) Any temporary change in rates of postage or in fees for postal 
services made by the Postal Service under this section shall remain in 
effect no longer than 150 days after the date on which the Commission 
transmits its recommended decision to the Governors under section 
3624(d) of this title, unless such temporary change is terminated by the 
Governors before the expiration of such period.
    (e) 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 the mail classification 
schedule (after such schedule is established under section 3623 of this 
title), the Postal Service, upon 10 days' notice in the Federal 
Register, may place into effect temporary changes in the mail 
classification schedule in accordance with proposed changes under 
consideration by the Commission. 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.
    (f) If, under section 3628 of this title, a court orders a matter 
returned to the Commission for further consideration, the Postal 
Service, with the consent of the Commission, may place into effect 
temporary changes in rates of postage, and fees for postal services, or 
in the mail classification schedule.

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 763; Pub. L. 94-421, Sec. 6(a), 
Sept. 24, 1976, 90 Stat. 1306.)


                               Amendments

    1976--Subsec. (a). Pub. L. 94-421 added subsec. (a). Former subsec. 
(a) redesignated (e) and amended.
    Subsec. (b). Pub. L. 94-421 added subsec. (b). Former subsec. (b) 
redesignated (f).
    Subsec. (c). Pub. L. 94-421 substituted provision limiting the 
temporary rate increase to an amount no greater than the permanent fee 
requested for that class or service, for provision which limited a 
temporary increase to the lesser of either the rate or fee requested or 
an amount more than one-third greater than the permanent fee in effect 
for that class or service at the time a permanent change is requested.
    Subsec. (d). Pub. L. 94-421 added subsec. (d).
    Subsec. (e). Pub. L. 94-421 redesignated former subsec. (a) as (e) 
and struck out reference to requests for decisions on change in the 
rates of postage or fees for postal service.
    Subsec. (f). Pub. L. 94-421 redesignated former subsec. (b) as (f).


                             Effective Date

    Section effective Jan. 20, 1971, pursuant to Resolution No. 71-10 of 
the Board of Governors. See section 15(a) of Pub. L. 91-375, set out as 
a note preceding section 101 of this title.


 Rate Change Request Made on September 18, 1975, or Under Docket Number 
                                  R76-1

    Section 6(b)(1) of Pub. L. 94-421 provided that: ``The amendment 
made by subsection (a) of this section [amending this section] shall not 
apply to any action or proceeding with respect to the recommended 
decision of the Postal Rate Commission relating to proposed changes in 
rates of postage and in fees for postal services requested on September 
18, 1975, by the United States Postal Service in a request which bears, 
or which at any time has been included under, Postal Rate Commission 
Docket Number R76-1.''


  Applicability of Former Provisions of Section to Rate Change Request 
          Made on September 18, 1975, Under Docket Number R76-1

    Section 6(b)(2) of Pub. L. 94-421 provided that: ``The provisions of 
section 3641 of title 39, United States Code, as such provisions were in 
effect on the day before the date of the enactment of this Act [Sept. 
24, 1976], shall apply to any temporary rate or fee established by the 
Postal Service pursuant to its request to the Postal Rate Commission, 
dated September 18, 1975, for a recommended decision, bearing Docket 
Number R76-1.''
