§ 3041.325 Procedures and filing requirements for standard distinct product negotiated service agreements. ( a ) A request to add a standardized distinct product to the competitive product list must comply with the requirements of this section and the requirements of § 3035.105(a) of this chapter.
( b ) A standardized distinct product may be proposed at any time during or following the pendency of a streamlined-option rulemaking considering a proposed financial model, minimum rates, and Mail Classification Schedule changes for standardized distinct products and non-published rates products. A single standardized distinct product may include minimum rates and Mail Classification Schedule changes authorized in multiple streamlined-option rulemakings.
( c ) A standardized distinct product is added to the competitive product list after: ( 1 ) Issuance of one or more Commission orders authorizing the use of one or more applicable proposed financial models, minimum rates, and Mail Classification Schedule changes in a streamlined-option rulemaking; and
( 2 ) Issuance of a Commission order approving the addition of the standardized distinct product to the competitive product list in an NSA summary proceeding.
( d ) In each NSA summary proceeding, the Postal Service shall submit: ( 1 ) A copy of the negotiated service agreement;
( 2 ) The rate and class decision of the Postal Service Board of Governors under 39 U.S.C. 3632 relating to the proposed negotiated service agreement and the record of the proceedings in connection with such decision;
( 3 ) A copy of the applicable sections of the Mail Classification Schedule and the proposed addition therein in legislative format;
( 4 ) The number(s) of the Commission order(s) resolving the streamlined-option rulemaking(s) applicable to the proposed negotiated service agreement;
( 5 ) The planned effective date(s) of the planned rates.
( 6 ) A description clearly explaining the operative components of the negotiated service agreement;
( 7 ) An explanation of the reason for initiating the docket and of why the proposed standardized distinct product is not inconsistent with the applicable requirements of this part and any applicable Commission directives and orders;
( 8 ) An explanation of the reasons why the addition of the standardized distinct product to the competitive product list will not result in a violation of the standards of 39 U.S.C. 3633;
( 9 ) A description of the availability and nature of enterprises in the private sector engaged in the delivery of the postal services that are the subject of the proposed standardized distinct product;
( 10 ) Any information available on the views of those who use, or will use, the proposed standardized distinct product on the appropriateness of the proposed standardized distinct product;
( 11 ) A description of the likely impact of the proposed standardized distinct product on small business concerns;
( 12 ) In lieu of the certified statement required by § 3035.105(c)(2) of this chapter, a sworn statement of a Postal Service executive certifying that the proposed standardized distinct product is not inconsistent with the financial model authorized for use in the applicable Commission order identified in paragraph (e)(4) of this section;
( 13 ) In lieu of the revenue and cost data required by § 3035.105(c)(1) of this chapter, a version of the applicable financial model updated to include all projected cost, revenue, and volume data specific to the proposed product;
( 14 ) All other supporting justification upon which the Postal Service proposes to rely; and
( 15 ) Such other information and data, and such statements of reasons and bases, as are necessary and appropriate to fully inform the Commission of the nature, scope, significance, and impact of the proposed standardized distinct product.
( e ) Only the Postal Service is permitted to propose to add a standardized distinct product to the competitive product list.
( f ) In order to authorize the addition of a standardized distinct product to the competitive product list, the Commission must: ( 1 ) Give due regard to: ( i ) The availability and nature of enterprises in the private sector engaged in the delivery of the proposed product;
( ii ) The views of those who will use the proposed product on the appropriateness of adding the proposed product to the competitive product list; and
( iii ) The likely impact of adding the proposed product to the competitive product list on small business concerns; and
( 2 ) Make the following findings: ( i ) The proposed standardized distinct product is a competitive product; and
( ii ) The proposed standardized distinct product is not inconsistent with the standards of 39 U.S.C. 3633.