39 C.F.R. § 3001.172 Filing of formal request and prepared direct evidence.
Title 39 - Postal Service
(a) Whenever the Postal Service determines to request that the Commission submit a decision recommending the establishment of a provisional service of limited and fixed duration, it shall file a request for a change in mail classification pursuant to section 3623 that comports with the requirements of this subpart and of subpart C of the rules of practice. Each formal request shall include the following particular information: (1) A description of the proposed classification, including proposed Domestic Mail Classification Schedule language and rate schedules; (2) A statement of the goals and objectives of introducing the proposed provisional service, supported by quantitative projections of anticipated results to the extent practicable. (3) A statement of those features of the proposed provisional service that, in the opinion of the Postal Service, cannot be modified without significantly reducing the benefits of introducing the proposed service; (4) An explanation and complete documentation of the development of the rates proposed for the provisional service; (5) A termination date on which the proposed provisional service will be discontinued; (6) An estimate of the effect of implementing the proposed provisional service on overall Postal Service costs and revenues during the period in which it is in effect; and (7) A plan for meeting the data collection and reporting requirements specified in §3001.175. (b) If the Postal Service believes that data required to be filed under §3001.64 are unavailable, it shall explain their unavailability, as required by §3001.64(a)(2)(i), (ii), and (iv). In particular, if the provisional character of the request bears on the unavailability of the data in question, the Postal Service shall explain in detail the nexus between these circumstances. A satisfactory explanation of the unavailability of data will be grounds for excluding from the proceeding a contention that the absence of the data should form a basis for rejection of the request, unless the party desiring to make such contention (1) Demonstrates that, having regard to all the facts and circumstances of the case, it was clearly unreasonable for the Postal Service to propose the change in question without having first secured the data which are unavailable, or (2) Demonstrates other compelling circumstances requiring that the absence of the data in question be treated as bearing on the merits of the proposal.
Title 39: Postal Service
PART 3001—RULES OF PRACTICE AND PROCEDURE
Subpart J—Rules for Expedited Review of Requests for Provisional Service Changes of Limited Duration
§ 3001.172 Filing of formal request and prepared direct evidence.
