§3641 Market Tests of Experimental Products

Summary

Allows the Postal Service to run short market tests of new products. While a product is being tested, it does not have to follow the rules in sections 3622, 3633, or 3642 or their regulations. A product can be tested only if it is clearly different from anything the Postal Service offered in the prior 2 years, will not give the Postal Service or any mailer an unfair competitive advantage (especially over small businesses), and is labeled as either market-dominant or competitive the way section 3642(b)(1) requires. Tests that only affect competitive products or services linked just to competitive products are treated as competitive. At least 30 days before starting, the Postal Service must file a notice with the Postal Regulatory Commission and publish the notice in the Federal Register explaining why the test fits these rules and what it will do. For competitive tests, confidential filings get the protections in section 504(g). A test can last up to 24 months. The Commission can extend it by up to 12 more months if the Postal Service applies in writing at least 60 days before the test would end. Annual revenue from the test must not exceed $10,000,000 unless the Commission approves an exemption up to $50,000,000 after finding public benefit, financial contribution, and no unfair competition. The Commission can cancel a test that fails the rules. Dollar amounts are adjusted each year for inflation after the Postal Service’s first report deadline under section 3652(a). The Commission will set the small-business definition to match the Small Business Act. Tests may start in the year the Postal Service’s first report to the Commission is due.