39 C.F.R. § 3001.67b Requests involving experimental changes—unavailability of data.
Title 39 - Postal Service
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 experimental 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 (a) 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 (b) demonstrates other compelling and exceptional circumstances requiring that the absence of the data in question be treated as bearing on the merits of the proposal. [45 FR 83227, Dec. 18, 1980]
Title 39: Postal Service
PART 3001—RULES OF PRACTICE AND PROCEDURE
Subpart C—Rules Applicable to Requests for Establishing or Changing the Mail Classification Schedule
§ 3001.67b Requests involving experimental changes—unavailability of data.
