American Society of Magazine Editors

Conclusion of Exigent Rate Case in U.S. Court of Appeals

Some good news out of DC on the postal front. Yesterday, the U.S. Court of Appeals in D.C. dismissed the Postal Service’s latest appeal, effectively sustaining the Postal Regulatory Commission’s termination of the 4.3% “exigent” rate surcharge in April of this year. The Postal Service had petitioned the Court to send the case back to the PRC for further proceedings, where the Postal Service undoubtedly would have sought restoration of the surcharge. MPA and allied organizations opposed the Postal Service’s petition in a joint brief to the Court.

The Postal Service’s legislative efforts to restore the surcharge are continuing, however. Bills have been introduced in the House and in the Senate that would restore the exigency rates in whole or in part, and make those rates part of the permanent postal rate base. MPA continues to actively oppose those bills, and we are preparing for the PRC’s mandated ten-year review of the current ratemaking system, set to begin in December.