Collapse to view only § 41901. General authority
- § 41901. General authority
- § 41902. Schedules for certain transportation of mail
- § 41903. Duty to provide certain transportation of mail
- § 41904. Noncitizens transporting mail
- § 41905. Emergency mail transportation
- § 41906. Duty to oppose unreasonable prices under the Universal Postal Union Convention
- § 41907. Weighing mail
- § 41908. Effect on foreign postal arrangements
- [§ 41909. Renumbered § 41906]
- [§ 41910. Renumbered § 41907]
- [§ 41911. Repealed.
- [§ 41912. Renumbered § 41908]
§ 41901. General authority
(a)Title 39.—The United States Postal Service may provide for the transportation of mail by aircraft in interstate air transportation under section 5402(e) and (f) of title 39, and in foreign air transportation under section 5402(b) and (c) of title 39.
(b)Authority To Prescribe Prices.—Except as provided in section 5402 of title 39, on the initiative of the Secretary of Transportation or on petition by the Postal Service or an air carrier, the Secretary shall prescribe and publish—
(1) after notice and an opportunity for a hearing on the record, reasonable prices to be paid by the Postal Service for the transportation of mail by aircraft between places in Alaska, the facilities used in and useful for the transportation of mail, and the services related to the transportation of mail for each carrier holding a certificate that authorizes that transportation;
(2) the methods used, whether by aircraft-mile, pound-mile, weight, space, or a combination of those or other methods, to determine the prices for each air carrier or class of air carriers; and
(3) the effective date of the prices.
(c)Other Transportation.—In prescribing prices under subsection (b) of this section, the Secretary may include transportation other than by aircraft that is incidental to transportation of mail by aircraft or necessary because of emergency conditions related to aircraft operations.
(d)Authority To Prescribe Different Prices.—Considering conditions peculiar to transportation by aircraft and to particular air carriers or classes of air carriers, the Secretary may prescribe different prices under this section for different air carriers or classes of air carriers and for different classes of service. In prescribing a price for a carrier under this section, the Secretary shall consider, among other factors, the following:
(1) the condition that the carrier may hold and operate under a certificate authorizing the transportation of mail only by providing necessary and adequate facilities and service for the transportation of mail.
(2) standards related to the character and quality of service to be provided that are prescribed by or under law.
(e)Statements on Prices.—A petition for prescribing a reasonable price under this section must include a statement of the price the petitioner believes is reasonable.
(f)Statements on Required Services.—The Postal Service shall introduce as part of the record in every proceeding under this section a comprehensive statement of the services to be required of the air carrier and other information the Postal Service has that the Secretary considers material to the proceeding.
(Pub. L. 103–272, §§ 1(e), 4(k)(1), (2), July 5, 1994, 108 Stat. 1153, 1370; Pub. L. 104–52, title VI, § 631(c), Nov. 19, 1995, 109 Stat. 505; Pub. L. 106–31, title VI, § 6003, May 21, 1999, 113 Stat. 113; Pub. L. 107–206, title III, § 3002(e)(2), Aug. 2, 2002, 116 Stat. 924; Pub. L. 110–405, § 2(b)(1), (2), Oct. 13, 2008, 122 Stat. 4289.)
§ 41902. Schedules for certain transportation of mail
(a)Requirement.—Except as provided in section 41905 of this title and section 5402 of title 39, an air carrier may transport mail by aircraft between places in Alaska only under a schedule designated or required to be established under subsection (c) of this section for the transportation of mail.
(b)Statements on Places and Schedules.—Every air carrier shall file with the United States Postal Service a statement showing—
(1) the places between which the carrier is authorized to transport mail in Alaska;
(2) every schedule of aircraft regularly operated by the carrier between places described in paragraph (1) and every change in each schedule; and
(3) for each schedule, the places served by the carrier and the time of arrival at, and departure from, each such place.
(c)Designating and Additional Schedules.—The Postal Service may—
(1) designate any schedule of an air carrier filed under subsection (b)(2) of this section for the transportation of mail between the places between which the carrier is authorized by its certificate to transport mail; and
(2) require the carrier to establish additional schedules for the transportation of mail between those places.
(d)Changing Schedules.—A schedule designated or required to be established for the transportation of mail under subsection (c) of this section may be changed only after 10 days’ notice of the change is filed as provided in subsection (b)(2) of this section. The Postal Service may disapprove a proposed change in a schedule or amend or modify the schedule or proposed change.
(Pub. L. 103–272, §§ 1(e), 4(k)(1), (3), July 5, 1994, 108 Stat. 1153, 1370; Pub. L. 103–429, § 7(a)(3)(D), Oct. 31, 1994, 108 Stat. 4389; Pub. L. 106–31, title VI, § 6003, May 21, 1999, 113 Stat. 113; Pub. L. 110–405, § 2(b)(3), Oct. 13, 2008, 122 Stat. 4289; Pub. L. 115–254, div. B, title V, § 539(f), Oct. 5, 2018, 132 Stat. 3370.)
§ 41903. Duty to provide certain transportation of mail
(a)Air Carriers.—Subject to subsection (b) of this section, an air carrier authorized by its certificate to transport mail by aircraft between places in Alaska shall—
(1) provide facilities and services necessary and adequate to provide that transportation; and
(2) transport mail between the places authorized in the certificate for transportation of mail when required, and under regulations prescribed, by the United States Postal Service.
(b)Maximum Mail Load.—The Secretary of Transportation may prescribe the maximum mail load for a schedule or for an aircraft or type of aircraft for the transportation of mail by aircraft between places in Alaska. If the Postal Service tenders to an air carrier mail exceeding the maximum load for transportation by the carrier under a schedule designated or required to be established for the transportation of mail under section 41902(c) of this title, the carrier, as nearly in accordance with the schedule as the Secretary decides is possible, shall—
(1) provide facilities sufficient to transport the mail to the extent the Secretary decides the carrier reasonably is able to do so; and
(2) transport that mail.
(Pub. L. 103–272, §§ 1(e), 4(k)(1), July 5, 1994, 108 Stat. 1154, 1370; Pub. L. 106–31, title VI, § 6003, May 21, 1999, 113 Stat. 113; Pub. L. 110–405, § 2(b)(4), Oct. 13, 2008, 122 Stat. 4289.)
§ 41904. Noncitizens transporting mail
When the United States Postal Service decides that it may be necessary to have a person not a citizen of the United States transport mail by aircraft between two points outside the United States, the Postal Service may make an arrangement with the person, without advertising, to provide the transportation. Nothing in this section shall affect the authority of the Postal Service to make arrangements with noncitizens for the carriage of mail in foreign air transportation under subsections 5402(b) and (c) of title 39.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1155; Pub. L. 110–405, § 2(b)(5), Oct. 13, 2008, 122 Stat. 4289.)
§ 41905. Emergency mail transportation
(a)Contract Authority.—In an emergency caused by a flood, fire, or other disaster, the United States Postal Service may make a contract without advertising to transport mail by aircraft to or from a locality affected by the emergency when the available facilities of persons authorized to transport mail to or from the locality are inadequate to meet the requirements of the Postal Service during the emergency. The contract may be only for periods necessary to maintain mail service because of the inadequacy of the facilities. Payment for transportation provided under the contract shall be made at prices provided in the contract.
(b)Transportation Not Air Transportation.—Transportation provided under a contract made under subsection (a) of this section is not air transportation within the meaning of this part.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1155, § 41906; renumbered § 41905, Pub. L. 110–405, § 2(b)(7)(B), Oct. 13, 2008, 122 Stat. 4289.)
§ 41906. Duty to oppose unreasonable prices under the Universal Postal Union Convention
The Secretary of State and the United States Postal Service shall—
(1) take appropriate action to ensure that the prices paid for transporting mail under the Universal Postal Union Convention are not higher than reasonable prices for transporting mail; and
(2) oppose any existing or proposed Universal Postal Union price that is higher than a reasonable price for transporting mail.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1156, § 41909; renumbered § 41906, Pub. L. 110–405, § 2(b)(7)(B), Oct. 13, 2008, 122 Stat. 4289.)
§ 41907. Weighing mail
The United States Postal Service may weigh mail transported by aircraft between places in Alaska and make statistical and administrative computations necessary in the interest of mail service. When the Secretary of Transportation decides that additional or more frequent weighings of mail are advisable or necessary to carry out this part, the Postal Service shall provide the weighings, but it is not required to provide them for continuous periods of more than 30 days.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1157, § 41910; renumbered § 41907 and amended Pub. L. 110–405, § 2(b)(6), (7)(B), Oct. 13, 2008, 122 Stat. 4289; Pub. L. 115–254, div. B, title V, § 539(g), Oct. 5, 2018, 132 Stat. 3370.)
§ 41908. Effect on foreign postal arrangements
This part does not—
(1) affect an arrangement made by the United States Government with the postal administration of a foreign country related to the transportation of mail by aircraft; or
(2) impair the authority of the United States Postal Service to make such an arrangement.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1157, § 41912; renumbered § 41908, Pub. L. 110–405, § 2(b)(7)(B), Oct. 13, 2008, 122 Stat. 4289.)
[§ 41909. Renumbered § 41906]
[§ 41910. Renumbered § 41907]
[§ 41911. Repealed. Pub. L. 110–405, § 2(b)(7)(A), Oct. 13, 2008, 122 Stat. 4289]
[§ 41912. Renumbered § 41908]