39 CFR 3035.107 – Standards for compliance
For purposes of determining competitive products’ compliance with 39 U.S.C. § 3633, the Commission will apply the following standards:
Terms Used In 39 CFR 3035.107
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
(a) Incremental costs will be used to test for cross-subsidies by market dominant products of competitive products. To the extent that incremental cost data are unavailable, the Commission will use the sum of competitive products’ volume-variable costs and product-specific costs supplemented to include causally related, group-specific costs to test for cross-subsidies.
(b) Each competitive product must recover its attributable costs as defined in 39 U.S.C. § 3631(b). Pursuant to 39 U.S.C. § 3631(b), the Commission will calculate a competitive product’s attributable costs as the sum of its volume-variable costs, product-specific costs, and those inframarginal costs calculated as part of a competitive product’s incremental costs.
(c)(1) Annually, on a fiscal year basis, the appropriate share of institutional costs to be recovered from competitive products collectively, at a minimum, will be calculated using the following formula:
(2) The Commission shall, as part of each Annual Compliance Determination, calculate and report competitive products’ appropriate share for the upcoming fiscal year using the formula set forth in paragraph (c)(1) of this section.