39 U.S.C. § 3621

Applicability; definitions

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(a)Applicability.—This subchapter shall apply with respect to—(1) first-class mail letters and sealed parcels;(2) first-class mail cards;(3) periodicals;(4) standard mail;(5) single-piece parcel post;(6) media mail;(7) bound printed matter;(8) library mail;(9) special services; and(10) single-piece international mail,subject to any changes the Postal Regulatory Commission may make under section 3642.(b)Rule of Construction.—Mail matter referred to in subsection (a) shall, for purposes of this subchapter, be considered to have the meaning given to such mail matter under the mail classification schedule.(Added Pub. L. 109–435, title II, § 201(a), Dec. 20, 2006, 120 Stat. 3200.)Editorial NotesPrior Provisions

A prior section 3621, Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 760, authorized the Governors to fix rates and classes, prior to repeal by Pub. L. 109–435, title II, § 201(a), Dec. 20, 2006, 120 Stat. 3200.

Statutory Notes and Related SubsidiariesRatemaking Limitations

Pub. L. 103–123, title VII, § 704(b)(2), Oct. 28, 1993, 107 Stat. 1270, provided that:“(A)In general.—Except as provided in subparagraph (B), rates of postage may not be established, under subchapter II [now I] of chapter 36 of title 39, United States Code, in a manner designed to allow the United States Postal Service to receive through revenues any portion of the additional revenues (referred to in section 2401(d) of such title, as amended by paragraph (1)(E)) for which amounts are authorized to be appropriated under such section 2401(d).“(B)Exception.—If Congress fails to appropriate an amount authorized under section 2401(d) of title 39, United States Code (as amended by paragraph (1)(E)), rates for the various classes of mail may be adjusted in accordance with the provisions of subchapter II [now I] of chapter 36 of such title (excluding section 3627 thereof) such that the resulting increase in revenues will equal the amount that Congress so failed to appropriate.”

Notes of Decisions

Cited in 39 cases (2 in the last 5 years), 1972–2024 · leading case: Nat'l Ass'n of Greeting Card Publishers v. United States Postal Serv., 607 F.2d 392 (D.C. Cir. 1979).

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Nat'l Ass'n of Greeting Card Publishers v. United States Postal Serv., 607 F.2d 392 (D.C. Cir. 1979). · cites it 9× “PRIOR YEARS’ LOSSES We now turn to the question whether the Postal Service may include a provision for the recovery of prior years’ operating losses in its revenue requirement under 39 U.S.C. § 3621 (1976). 53 The PRC 54 *111 and the Governors 55 first approved this practice in…”

Bernard L. Silver, Cartwright-Mitchell, Inc., a Delaware Corp. v. United States Postal Serv., 951 F.2d 1033 (9th Cir. 1991). · cites it 2× “§ 402 , and (iii) the authority to designate mail classifications and to set postal rates, 39 U.S.C. § 3621 . To be sure, the PG and the DPG, as management agents, are extended significant responsibility to “run the business,” and the Board exercises an important supervisory…”

United States Postal Serv. v. Flamingo Indus. (USA) Ltd., 540 U.S. 736 (2004). “The most important difference is that it does not seek profits, but only to break even, 39 U. S. C. §3621 , which is consistent with its public character.”

Franchise Tax Bd. v. United States Postal Serv., 467 U.S. 512 (1984). “See 39 U. S. C. § 3621 ; H. R. Rep. No. 91-1104, pp.”

Pitney Bowes Inc. v. United States Postal Serv., 27 F. Supp. 2d 15 (D.D.C. 1998). “39 U.S.C. § 3621 et seq.” National Retired Teachers Ass’n v.”

Nat'l Ass'n of Greeting Card Publishers v. United States Postal Serv., 569 F.2d 570 (D.C. Cir. 1976). · cites it 2× “39 U.S.C. § 3621 . . Nor can appellant convincingly argue that “fees for postal services” means something different in 39 U.”

Greenberg v. Bolger, 497 F. Supp. 756 (E.D.N.Y 1980). · cites it 2× “The Governors of the Postal Service are charged with the establishment of fair and equitable classes of mail and postage rates and fees, 39 U.S.C. § 3621 , but before instituting such rates the Postal Rate Commission normally must rule on the matters.”

United States Postal Serv. v. Postal Regulatory Comm'n, 640 F.3d 1263 (D.C. Cir. 2011). “60 provides generally: “The Postal Service may request to increase rates for market dominant products in excess of the annual limitation on the percentage changes in rates described in § 3010.”

Nat'l Retired Teachers Ass'n v. United States Postal Serv., 430 F. Supp. 141 (D.D.C. 1977). “39 U.S.C. § 3621 et seq. See National Association of Greeting Card Publishers v.”

Nat'l Retired Teachers Ass'n v. United States Postal Serv., 593 F.2d 1360 (D.C. Cir. 1979). “Section 3623(a) provides for a request for a recommended decision on the initial establishment of a mail classification schedule, and § 3623(b) provides for requests for recommended decisions on changes in the mail classifications schedule.”

Fed. Express Corp. v. United States Postal Serv., 151 F.3d 536 (6th Cir. 1998). “The Supreme Court has invoked the economically self-sustaining design of the USPS (see 39 U.S.C. § 3621 ), as well as the legislative history of the PRA, as mirroring a congressional intent that the Postal Service should “be run more like a business than had its predecessor, the…”

Direct Mail Advert. Ass'n, Inc. v. United States Postal Serv., 458 F.2d 813 (D.C. Cir. 1972). · cites it 2× “To this end the Congress declared in 39 U.S.C. § 3621 : Postal rates and fees shall be reasonable and equitable and sufficient to enable the Postal Service under honest, efficient, and economical management to maintain and continue the development of postal services of the kind…”

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