# 39 CFR § 3040.132: Supporting justification

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-39-3040.132

## Section

- **Citation:** 39 CFR § 3040.132
- **Heading:** Supporting justification
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 39—Postal Service > CHAPTER III—POSTAL REGULATORY COMMISSION > SUBCHAPTER E—REGULATIONS GOVERNING MARKET DOMINANT PRODUCTS, COMPETITIVE PRODUCTS, PRODUCT LISTS, AND MARKET TESTS > PART 3040—PRODUCT LISTS AND THE MAIL CLASSIFICATION SCHEDULE > Subpart B—Requests Initiated by the Postal Service To Modify the Product Lists

## Text

Supporting justification shall be in the form of a statement from one or more knowledgeable Postal Service official(s) who sponsors the request and attests to the accuracy of the information contained within the statement. The justification shall:
(a) Explain the reason for initiating the docket and explain why the change is not inconsistent with the applicable requirements of this part and any applicable Commission directives and orders;
(b) Explain why, as to market dominant products, the change is not inconsistent with the policies and the applicable criteria of chapter 36 of title 39 of the United States Code;
(c) Explain why, as to competitive products, the addition, deletion, or transfer will not result in the violation of any of the standards of 39 U.S.C. 3633;
(d) Verify that the change does not classify as competitive a product over which the Postal Service exercises sufficient market power that it can, without risk of losing a significant level of business to other firms offering similar products:
(1) Set the price of such product substantially above costs;
(2) Raise prices significantly;
(3) Decrease quality; or
(4) Decrease output.
(e) Explain whether or not each product that is the subject of the request is covered by the postal monopoly as reserved to the Postal Service under 18 U.S.C. 1696 subject to the exceptions set forth in 39 U.S.C. 601;
(f) Provide a description of the availability and nature of enterprises in the private sector engaged in the delivery of the product;
(g) Provide any information available on the views of those who use the product on the appropriateness of the proposed modification;
(h) Provide a description of the likely impact of the proposed modification on small business concerns; and
(i) Include such 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 modification.
[72 FR 63698, Nov. 9, 2007. Redesignated at 85 FR 9615, Feb. 19, 2020, as amended at 85 FR 81138, Dec. 15, 2020]

## Nearby sections

- [39 CFR § 3040.101 § 3040.101 Applicability.](https://www.frixlaw.com/law-library/statutes/ecfr-39-3040.101.md)
- [39 CFR § 3040.102 § 3040.102 Product lists.](https://www.frixlaw.com/law-library/statutes/ecfr-39-3040.102.md)
- [39 CFR § 3040.103 § 3040.103 Notice of product list change.](https://www.frixlaw.com/law-library/statutes/ecfr-39-3040.103.md)
- [39 CFR § 3040.104 § 3040.104 Mail Classification Schedule.](https://www.frixlaw.com/law-library/statutes/ecfr-39-3040.104.md)
- [39 CFR § 3040.105 § 3040.105 Modifications to the Mail Classification Schedule.](https://www.frixlaw.com/law-library/statutes/ecfr-39-3040.105.md)
- [39 CFR § 3040.130 § 3040.130 General.](https://www.frixlaw.com/law-library/statutes/ecfr-39-3040.130.md)
- [39 CFR § 3040.131 § 3040.131 Contents of a request.](https://www.frixlaw.com/law-library/statutes/ecfr-39-3040.131.md)
- [39 CFR § 3040.132 § 3040.132 Supporting justification.](https://www.frixlaw.com/law-library/statutes/ecfr-39-3040.132.md)
- [39 CFR § 3040.133 § 3040.133 Docket and notice.](https://www.frixlaw.com/law-library/statutes/ecfr-39-3040.133.md)
- [39 CFR § 3040.134 § 3040.134 Review.](https://www.frixlaw.com/law-library/statutes/ecfr-39-3040.134.md)
- [39 CFR § 3040.135 § 3040.135 Further proceedings.](https://www.frixlaw.com/law-library/statutes/ecfr-39-3040.135.md)
- [39 CFR § 3040.150 § 3040.150 General.](https://www.frixlaw.com/law-library/statutes/ecfr-39-3040.150.md)
- [39 CFR § 3040.151 § 3040.151 Contents of a request.](https://www.frixlaw.com/law-library/statutes/ecfr-39-3040.151.md)
- [39 CFR § 3040.152 § 3040.152 Supporting justification.](https://www.frixlaw.com/law-library/statutes/ecfr-39-3040.152.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-39-3040.132. Check the current official text before relying on it. Not legal advice.