United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT

No. 10-1343 September Term, 2010 FILED ON: MAY 27, 2011 United States Postal Service, Petitioner v. Postal Regulatory Commission Respondents

Before: HENDERSON , TATEL and BROWN , Circuit Judges.

ORDER It is ORDERED by the court that the opinion filed by the court on May 24, 2011 be amended as follows: On page 7, line -9: insert “first” between “our” and “inquiry.”

On page 7, line -1, add the following footnote 4: Our second inquiry will require us to proceed to Chevron step 2 because the phrase “due to” has an additional—and ambiguous—meaning, which the Commission did not address. See infra pp. 9-11.

On page 10, lines 6-7, substitute “due in part to” as well as “due only to” for “due in part to” as well as “due only to.”

On page 11, line 11, substitute latter for second

For the Court: Mark J. Langer, Clerk BY: /s/ Jennifer M. Clark Deputy Clerk