Page:United States Statutes at Large Volume 120.djvu/3239

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[120 STAT. 3208]
[120 STAT. 3208]
PUBLIC LAW 109-000—MMMM. DD, 2006

120 STAT. 3208

PUBLIC LAW 109–435—DEC. 20, 2006

with the Postal Regulatory Commission and publish in the Federal Register a notice— ‘‘(A) setting out the basis for the Postal Service’s determination that the market test is covered by this section; and ‘‘(B) describing the nature and scope of the market test. ‘‘(2) SAFEGUARDS.—For a competitive experimental product, the provisions of section 504(g) shall be available with respect to any information required to be filed under paragraph (1) to the same extent and in the same manner as in the case of any matter described in section 504(g)(1). Nothing in paragraph (1) shall be considered to permit or require the publication of any information as to which confidential treatment is accorded under the preceding sentence (subject to the same exception as set forth in section 504(g)(3)). ‘‘(d) DURATION.— ‘‘(1) IN GENERAL.—A market test of a product under this section may be conducted over a period of not to exceed 24 months. ‘‘(2) EXTENSION AUTHORITY.—If necessary in order to determine the feasibility or desirability of a product being tested under this section, the Postal Regulatory Commission may, upon written application of the Postal Service (filed not later than 60 days before the date as of which the testing of such product would otherwise be scheduled to terminate under paragraph (1)), extend the testing of such product for not to exceed an additional 12 months. ‘‘(e) DOLLAR-AMOUNT LIMITATION.— ‘‘(1) IN GENERAL.—A product may only be tested under this section if the total revenues that are anticipated, or in fact received, by the Postal Service from such product do not exceed $10,000,000 in any year, subject to paragraph (2) and subsection (g). In carrying out the preceding sentence, the Postal Regulatory Commission may limit the amount of revenues the Postal Service may obtain from any particular geographic market as necessary to prevent market disruption (as defined under subsection (b)(2)). ‘‘(2) EXEMPTION AUTHORITY.—The Postal Regulatory Commission may, upon written application of the Postal Service, exempt the market test from the limit in paragraph (1) if the total revenues that are anticipated, or in fact received, by the Postal Service from such product do not exceed $50,000,000 in any year, subject to subsection (g). In reviewing an application under this paragraph, the Postal Regulatory Commission shall approve such application if it determines that— ‘‘(A) the product is likely to benefit the public and meet an expected demand; ‘‘(B) the product is likely to contribute to the financial stability of the Postal Service; and ‘‘(C) the product is not likely to result in unfair or otherwise inappropriate competition. ‘‘(f) CANCELLATION.—If the Postal Regulatory Commission at any time determines that a market test under this section fails, with respect to any particular product, to meet 1 or more of the requirements of this section, it may order the cancellation of the

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