39 CFR 3001.5 - Definitions.

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§ 3001.5 Definitions.
(a) Act means title 39, United States Code, as amended.
(b) Postal Service means the U.S. Postal Service established by the Act.
(c) Commission or Commissioner means, respectively, the Postal Regulatory Commission established by the Act or a member thereof.
(d) Secretary means the Secretary or the Acting Secretary of the Commission.
(e) Presiding officer means the Chairman of the Commission in proceedings conducted by the Commission en banc or the Commissioner or employee of the Commission designated to preside at hearings or conferences.
(f) Person means an individual, a partnership, corporation, trust, unincorporated association, public or private organization, or governmental agency.
(g) Party means the Postal Service, a complainant, an appellant, or a person who has intervened in a proceeding before the Commission.
(h) Participant means any party to the proceeding, including formal intervenors as described in § 3001.20, and the Public Representative and, for the purposes of §§ 3001.11(e), 3001.12, 3001.21, 3001.23, 3001.24, 3001.29, 3001.30, 3001.31, and 3001.32 only, it also means persons who are limited participators.
(i) Complainant means a person or interested party who as permitted by section 3662 of the Act files a complaint with the Commission in the form and manner hereinafter prescribed.
(j) Hearing means a hearing under sections 556 and 557 of title 5, U.S.C. (80 Stat. 386), as provided by section 3661 of the Act or in any other proceeding noticed by the Commission under §§ 3001.17 and 3001.18(a).
(k) Record means the transcript of testimony and exhibits, together with all papers and requests filed in the proceeding, which constitutes the exclusive record for decision.
(l) Effective date of an order or notice issued by the Commission or an officer thereof means the date of issuance unless otherwise specifically provided.
(m) Petitioner means a person who is permitted by 39 U.S.C. 404(d)(5) to appeal to the Commission a determination of the Postal Service to close or consolidate a post office.
(n) Commission meeting means the deliberations of at least three Commissioners where such deliberations determine or result in the joint conduct or disposition of official Commission business, but does not include deliberations required or permitted by § 3001.43(d) or § 3001.43(e).
(o) Ex parte communication means an oral or written communication not on the public record with respect to which reasonable prior notice to all participants and limited participators is not given, but it shall not include requests for status reports on any matter or proceeding covered by subchapter II of chapter 5 of title 5 or a proceeding conducted pursuant to part 3025 of this chapter.
(p) [Reserved]
(q) Public Representative or PR means an officer of the Commission designated to represent the interests of the general public in a Commission proceeding.
(r) Negotiated service agreement means a written contract, to be in effect for a defined period of time, between the Postal Service and a mailer, that provides for customer-specific rates or fees and/or terms of service in accordance with the terms and conditions of the contract. A rate associated with a negotiated service agreement is not a rate of general applicability.
(s) Postal service refers to the delivery of letters, printed matter, or mailable packages, including acceptance, collection, sorting, transportation, or other functions ancillary thereto.
(t) Product means a postal service with a distinct cost or market characteristic for which a rate or rates are, or may reasonably be, applied.
(u) Rate or class of general applicability means a rate or class that is available to all mailers equally on the same terms and conditions.
[36 FR 396, Jan. 12, 1971, as amended at 38 FR 4327, Feb. 13, 1973; 42 FR 8142, Feb. 2, 1977; 42 FR 10992, Feb. 25, 1977; 42 FR 13290, Mar. 10, 1977; 44 FR 26075, May 4, 1979; 58 FR 38976, July 21, 1993; 65 FR 6539, Feb. 10, 2000; 69 FR 7593, Feb. 18, 2004; 71 FR 2472, Jan. 17, 2006; 72 FR 63691, Nov. 9, 2007; 77 FR 6679, Feb. 9, 2012; 78 FR 36436, June 18, 2013]

Title 39 published on 2013-07-01

The following are only the Rules published in the Federal Register after the published date of Title 39.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-04-29; vol. 79 # 82 - Tuesday, April 29, 2014
    1. 79 FR 23916 - Revisions to Rules of Practice; Corrections
      GPO FDSys XML | Text
      POSTAL REGULATORY COMMISSION
      Correcting amendments.
      Effective: April 29, 2014 and is applicable beginning June 18, 2013.
      39 CFR Part 3001

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United States Code

Title 39 published on 2013-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 39 CFR 3001 after this date.

  • 2014-04-29; vol. 79 # 82 - Tuesday, April 29, 2014
    1. 79 FR 23916 - Revisions to Rules of Practice; Corrections
      GPO FDSys XML | Text
      POSTAL REGULATORY COMMISSION
      Correcting amendments.
      Effective: April 29, 2014 and is applicable beginning June 18, 2013.
      39 CFR Part 3001