---
kind: "section"
citation: "39 C.F.R. § 3030.244"
title: "39"
number: "3030.244"
heading: "Calculation of unused rate adjustment authority for rate adjustments that only include rate decreases."
url: "https://uscodex.org/cfr/39/3030.244"
---

# §3030.244. Calculation of unused rate adjustment authority for rate adjustments that only include rate decreases.

- (a) For rate adjustment filings that only include rate decreases, unused rate adjustment authority for a class is calculated in two steps. First, the difference between the maximum rate adjustment authority as summarized by [§ 3030.127](/cfr/39/3030.127.md) and calculated pursuant to subparts [C](/cfr/39/subpartC.md) through [G](/cfr/39/subpartG.md) of this part and this subpart, as appropriate, for the most recent rate adjustment that involves a rate increase and the percentage change in rates for the class calculated pursuant to [§ 3030.128(d)](/cfr/39/3030.128.md?p=d) is calculated. Second, the unused rate adjustment authority generated in the most recent rate adjustment that involves a rate increase is subtracted from that result.
- (b) Unused rate adjustment authority generated under [paragraph (a)](#a) of this section for a class shall be added to the unused rate adjustment authority generated in the most recent rate adjustment that involves a rate increase on the schedule maintained under [§ 3030.241](/cfr/39/3030.241.md). For purposes of this section, the unused rate adjustment authority generated under [paragraph (a)](#a) of this section for a class shall be deemed to have been added to the schedule maintained under [§ 3030.241](/cfr/39/3030.241.md) on the same date as the most recent rate adjustment filing that involves a rate increase.
- (c) For rate adjustment filings that only include rate decreases, the sum of unused rate adjustment authority generated under [paragraph (a)](#a) of this section and the unused rate adjustment authority generated in the most recent rate adjustment that involves a rate increase cannot exceed the unused portion of rate adjustment authority calculated pursuant to subparts [C](/cfr/39/subpartC.md) and [D](/cfr/39/subpartD.md) of this part and [§ 3030.222](/cfr/39/3030.222.md) in the most recent rate adjustment that involves a rate increase.
- (d) Unused rate adjustment authority generated under [paragraph (a)](#a) of this section shall be subject to the limitation under [§ 3030.245](/cfr/39/3030.245.md), regardless of whether it is used alone or in combination with other existing unused rate adjustment authority.
- (e) For rate adjustment filings that only include rate decreases, unused rate adjustment authority generated under this section lapses 5 years from the date of filing of the most recent rate adjustment filing that involves a rate increase.
- (f) A rate adjustment filing that only includes rate decreases that is filed immediately after a rate adjustment due to extraordinary or exceptional circumstances (i.e., without an intervening rate adjustment involving a rate increase) may not generate unused rate adjustment authority.

## Notes

### Authority

Authority: 39 U.S.C. 503; 3622.

### Source

Source: 85 FR 81126, Dec. 15, 2020, unless otherwise noted.