-CITE-

49 USC CHAPTER 419 - TRANSPORTATION OF MAIL 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart ii - economic regulation

CHAPTER 419 - TRANSPORTATION OF MAIL

-HEAD-

CHAPTER 419 - TRANSPORTATION OF MAIL

-MISC1-

Sec.

41901. General authority.

41902. Schedules for certain transportation of mail.

41903. Duty to provide certain transportation of mail.

41904. Noncitizens transporting mail to or in foreign

countries.

41905. Regulating air carrier transportation of foreign mail.

41906. Emergency mail transportation.

41907. Prices for foreign transportation of mail.

41908. Prices for transporting mail of foreign countries.

41909. Duty to oppose unreasonable prices under the Universal

Postal Union Convention.

41910. Weighing mail.

41911. Evidence of providing mail service.

41912. Effect on foreign postal arrangements.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 40109, 41110, 46301 of

this title.

-End-

-CITE-

49 USC Sec. 41901 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart ii - economic regulation

CHAPTER 419 - TRANSPORTATION OF MAIL

-HEAD-

Sec. 41901. General authority

-STATUTE-

(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.

(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 in foreign air

transportation or 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.

-SOURCE-

(Pub. L. 103-272, Secs. 1(e), 4(k)(1), (2), July 5, 1994, 108 Stat.

1153, 1370; Pub. L. 104-52, title VI, Sec. 631(c), Nov. 19, 1995,

109 Stat. 505; Pub. L. 106-31, title VI, Sec. 6003, May 21, 1999,

113 Stat. 113; Pub. L. 107-206, title III, Sec. 3002(e)(2), Aug. 2,

2002, 116 Stat. 924.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272, SEC. 1(E)

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

41901(a) 49 App.:1376(a) Aug. 23, 1958, Pub. L.

(1st sentence 85-726, Sec. 406(a), 72

related to Stat. 763; Nov. 9, 1977,

non-Alaska Pub. L. 95-163, Sec. 13, 91

interstate and Stat. 1282.

overseas air

transportation less

words between

parentheses).

49 Aug. 23, 1958, Pub. L.

App.:1551(b)(1)(D). 85-726, 72 Stat. 731, Sec.

1601(b)(1)(D); added Oct.

4, 1984, Pub. L. 95-504,

Sec. 40(a), 92 Stat. 1745;

Oct. 4, 1984, Pub. L.

98-443, Sec. 3(d), 98 Stat.

1704.

41901(b) 49 App.:1376(a)

(1st sentence

related to foreign

and Alaska air

transportation less

words between

parentheses, 2d,

last sentences).

49 App.:1376(c). Aug. 23, 1958, Pub. L.

85-726, Sec. 406(c), 72

Stat. 764; Oct. 24, 1978,

Pub. L. 95-504, Sec. 24(b),

92 Stat. 1725.

49 Aug. 23, 1958, Pub. L.

App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.

1601(b)(1)(E); added Oct.

4, 1984, Pub. L. 98-443,

Sec. 3(e), 98 Stat. 1704.

41901(c) 49 App.:1376(a)

(1st sentence words

between

parentheses).

41901(d) 49 App.:1376(b). Aug. 23, 1958, Pub. L.

85-726, Sec. 406(b), 72

Stat. 763; July 10, 1962,

Pub. L. 87-528, Sec. 5, 76

Stat. 145; Oct. 15, 1966,

Pub. L. 89-670, Sec. 8(a),

80 Stat. 942; Nov. 9, 1977,

Pub. L. 95-163, Sec. 12(a),

91 Stat. 1282; Oct. 24,

1978, Pub. L. 95-504, Secs.

24(a), 25(a), 92 Stat. 1725.

49 App.:1376(d). Aug. 23, 1958, Pub. L.

85-726, Sec. 406(d), (e),

72 Stat. 764.

49

App.:1551(b)(1)(D),

(E).

41901(e) 49 App.:1376(e)

(1st sentence).

41901(f) 49 App.:1376(e)

(last sentence).

49

App.:1551(b)(1)(D),

(E).

41901(g) 49 App.:1551(b)(3). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731,

1601(b)(3); added Oct. 4,

1984, Pub. L. 98-443, 3(f),

98 Stat. 1704; Sept. 30,

1988, Pub. L. 100-457, Sec.

346 (related to Sec.

1601(b)(3) of Federal

Aviation Act of 1958), 102

Stat. 2155.

49 App.:1553(c). Oct. 4, 1984, Pub. L.

98-443, Sec. 4(c), 98 Stat.

1705; Sept. 30, 1988, Pub.

L. 100-457, Sec. 346

(related to Sec. 4(c) of

Civil Aeronautics Board

Sunset Act of 1984), 102

Stat. 2155.

--------------------------------------------------------------------

In this section, the word "prescribe" is substituted for "fix and

determine" and "fixing and determining" for consistency in the

revised title and with other titles of the United States Code. The

word "reasonable" is substituted for "fair and reasonable" for

consistency in the revised title and to eliminate an unnecessary

word. See the revision notes following 49:10101.

Subsection (a) is substituted for 49 App.:1551(b)(1)(D) to make

clear that the United States Postal Service derives its authority

to provide for the transportation of mail by aircraft in interstate

transportation from 39:5402(d) and (f). The text of 49 App.:1376(a)

(1st sentence related to non-Alaska interstate and overseas air

transportation less words between parentheses) is omitted as

superseded by 39:5402(d).

In subsection (b), before clause (1), the words "Except as

provided in section 5402 of title 39" are added for clarity. The

words "from time to time" in 49 App.:1376(a) are omitted as

surplus. The text of 49 App.:1376(a) (2d, last sentences) is

omitted as executed. In clauses (1) and (2), the word "prices" is

substituted for "rates of compensation" for consistency in this

part. In clause (1), the words "an opportunity for a hearing on the

record" are substituted for "hearing" for clarity and consistency

with subsection (f) of this section. The words "to be paid by the

Postal Service" are substituted for "The United States Postal

Service shall make payments . . . of so much of the total

compensation as is fixed and determined by the Board under this

section without regard to clause (3) of subsection (b) of this

section" in 49 App.:1376(c) to eliminate unnecessary words because

the text of 49 App.:1376(b) (2d sentence words after 2d semicolon)

is being omitted. See the revision notes for subsection (d) of this

section. The words "out of appropriations for the transportation of

mail by aircraft" are omitted as being superseded by chapters 20

and 24 of title 39, United States Code. The text of 49 App.:1376(c)

(2d sentence) is omitted as expired because of 49 App.:1376(c)

(last sentence). The text of 49 App.:1376(c) (last sentence) is

omitted as executed. The words "and to make such rates effective

from such date as it shall determine to be proper" in 49

App.:1376(a) are omitted because the power to determine when rates

go into effect is included in the power to prescribe rates. The

words "transportation of mail by aircraft in foreign air

transportation or between places in Alaska" are substituted for

"transportation of mail by aircraft" because 49 App.:1551(b)(1)(D)

and (E) provides that transportation of mail in interstate or

overseas air transportation (except transportation of mail between

2 places in Alaska) is transferred to the jurisdiction of the

United States Postal Service leaving the balance of authority under

49 App.:1376(a) with the Secretary of Transportation.

In subsections (c), (d), and (f), reference to service provided

by the Postal Service is omitted as obsolete because of 39:5402(d).

In subsection (c), the words "In prescribing prices under

subsection (b) of this section, the Secretary" are added for

clarity.

In subsection (d), the text of 49 App.:1376(b) (2d sentence words

after 2d semicolon, 5th-7th sentences) and (d) is omitted as

obsolete because under 49 App.:1376(c) and 1376a, payments by the

Board under 49 App.:1376 were terminated. The text of 49

App.:1376(b) (3d, 4th sentences) is omitted as obsolete because it

applies only to rates paid for service performed between October

24, 1978, and January 1, 1983. The text of 49 App.:1376(b) (last

sentence) is omitted as executed.

Subsection (g) is substituted for 49 App.:1551(b)(3) and 1553(c)

because the date on which the authority of the Secretary of

Transportation to provide for the transportation of mail by

aircraft expires is set out in 39:5402(f). The source provisions of

49 App.:1551(b)(3) providing for the transfer of that authority

from the Secretary to the Postal Service are restated in section

5(k) of this bill.

PUB. L. 103-272, SEC. 4(K)(1), (2)

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

41901(b)( 49 App.:1551(a)(8). Aug. 23, 1958, Pub. L.

1), (g) 85-726, 72 Stat. 731, Sec.

1601(a)(8); added Oct. 4,

1984, Pub. L. 98-443, Sec.

3(c), 98 Stat. 1704; Sept.

30, 1988, Pub. L. 100-457,

Sec. 346 (related to Sec.

1601(a)(8) of Federal

Aviation Act of 1958), 102

Stat. 2155.

49 App.:1551(b)(3). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

1601(b)(3); added Oct. 4,

1984, Pub. L. 98-443, Sec.

3(f), 98 Stat. 1704; Sept.

30, 1988, Pub. L. 100-457,

Sec. 346 (related to Sec.

1601(b)(3) of Federal

Aviation Act of 1958), 102

Stat. 2155.

--------------------------------------------------------------------

Section 4(k) reflects amendments to the restatement required by

section 1601(a)(8) of the Federal Aviation Act of 1958 (Public Law

85-726, 72 Stat. 731), as added by section 3(c) of the Civil

Aeronautics Board Sunset Act of 1984 (Public Law 98-443, 98 Stat.

1704), and section 1601(b)(3) of the Federal Aviation Act of 1958

(Public Law 85-726, 72 Stat. 731), as added by section 3(f) of the

Civil Aeronautics Board Sunset Act of 1984 (Public Law 98-443, 98

Stat. 1704). Section 1601(a)(8) provides that the authority under

49 App.:1371(l) and (m) and 1375(b)-(d) as those sections relate to

transportation of mail by aircraft between places in Alaska

(restated in sections 41107 and 41901-41903 of the revised title)

ceases on January 1, 1999. Section 1601(b)(3) transfers the

authority for prescribing rates for transportation of mail between

places in Alaska from the Secretary of Transportation to the Postal

Service effective January 1, 1999.

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-206 substituted "5402(e)" for

"5402(d)".

1999 - Subsecs. (b)(1), (g). Pub. L. 106-31 repealed Pub. L.

103-272, Sec. 4(k). See 1994 Amendment notes below.

1995 - Subsec. (g). Pub. L. 104-52 struck out subsec. (g) which

read as follows: "Expiration Date. - The authority of the Secretary

under this part and section 5402 of title 39 providing for the

transportation of mail by aircraft between places in Alaska expires

on the date specified in section 5402(f) of title 39."

1994 - Subsec. (b)(1). Pub. L. 103-272, Sec. 4(k)(1), which

directed the amendment of this section by substituting "foreign air

transportation," for "foreign air transportation or between places

in Alaska,", effective Jan. 1, 1999, was repealed by Pub. L.

106-31, Sec. 6003, effective Dec. 31, 1998.

Subsec. (g). Pub. L. 103-272, Sec. 4(k)(2), which directed the

amendment of this section by striking out subsec. (g), effective

Jan. 1, 1999, was repealed by Pub. L. 106-31, Sec. 6003, effective

Dec. 31, 1998.

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-31, title VI, Sec. 6003, May 21, 1999, 113 Stat. 113,

provided that the amendment made by section 6003 is effective Dec.

31, 1998.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 39 section 3401.

-End-

-CITE-

49 USC Sec. 41902 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart ii - economic regulation

CHAPTER 419 - TRANSPORTATION OF MAIL

-HEAD-

Sec. 41902. Schedules for certain transportation of mail

-STATUTE-

(a) Requirement. - Except as provided in section 41906 of this

title and section 5402 of title 39, an air carrier may transport

mail by aircraft in foreign air transportation or 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 Secretary of Transportation and the United States

Postal Service a statement showing -

(1) the places between which the carrier is authorized to

provide foreign air transportation;

(2) the places between which the carrier is authorized to

transport mail in Alaska;

(3) every schedule of aircraft regularly operated by the

carrier between places described in clauses (1) and (2) of this

subsection and every change in each schedule; and

(4) for each schedule, the places served by the carrier and the

time of arrival at, and departure from, each place.

(c) Designating and Additional Schedules. - The Postal Service

may -

(1) designate any schedule of an air carrier filed under

subsection (b)(3) 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)(3) of this section.

The Postal Service may disapprove a proposed change in a schedule

or amend or modify the schedule or proposed change.

(e) Orders. - An order of the Postal Service under this section

may become effective only after 10 days after the order is issued.

A person adversely affected by the order may appeal the order to

the Secretary before the end of the 10-day period under regulations

the Secretary prescribes. If the public convenience and necessity

require, the Secretary may amend, modify, suspend, or cancel the

order. Pending a decision about the order, the Secretary may

postpone the effective date of the order.

(f) Proceedings Preferences. - The Secretary shall give

preference to a proceeding under this section over all other

proceedings before the Secretary under this subpart.

-SOURCE-

(Pub. L. 103-272, Secs. 1(e), 4(k)(1), (3), July 5, 1994, 108 Stat.

1153, 1370; Pub. L. 103-429, Sec. 7(a)(3)(D), Oct. 31, 1994, 108

Stat. 4389; Pub. L. 106-31, title VI, Sec. 6003, May 21, 1999, 113

Stat. 113.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272, SEC. 1(E)

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

41902(a) 49 App.:1375(b) Aug. 23, 1958, Pub. L.

(last sentence). 85-726, Sec. 405(b), 72

Stat. 760.

49 Aug. 23, 1958, Pub. L.

App.:1551(a)(4)(A) 85-726, 72 Stat. 731, Sec.

(related to 49 1601(a)(4)(A) (related to

App.:1375(b)). Sec. 405(b)), (b)(1)(E);

added Oct. 4, 1984, Pub. L.

98-443, Sec. 3(c), (e), 98

Stat. 1703, 1704.

41902(b) 49 App.:1375(b)

(1st sentence).

49

App.:1551(a)(4)(A)

(related to 49

App.:1375(b)),

(b)(1)(E).

41902(c) 49 App.:1375(b) (2d

sentence).

41902(d) 49 App.:1375(b)

(3d, 4th sentences).

41902(e) 49 App.:1375(b)

(5th-7th sentences).

49

App.:1551(a)(4)(A)

(related to 49

App.:1375(b)),

(b)(1)(E).

41902(f) 49 App.:1375(b)

(8th sentence).

49

App.:1551(a)(4)(A)

(related to 49

App.:1375(b)),

(b)(1)(E).

--------------------------------------------------------------------

In this chapter, the word "places" is substituted for "points"

for consistency in the revised title. The words "United States

Postal Service" and "Postal Service" are substituted for

"Postmaster General" in sections 401, 405, and 406 of the Federal

Aviation Act of 1958 (Public Law 85-726, 72 Stat. 754, 760) because

of sections 4(a) and 6(o) of the Postal Reorganization Act (Public

Law 91-375, 84 Stat. 773, 783).

In subsection (a), the words "Except as provided in section 41906

of this title and section 5402 of title 39" are added because

section 41906 of the revised title and 39:5402 contain exceptions

to the provisions restated in this subsection. The words "transport

mail by aircraft in foreign air transportation or between places in

Alaska" are substituted for "transport mail" because 49

App.:1551(a)(4)(A) provides that 49 App.:1375(b) no longer applies

to interstate or overseas air transportation (except transportation

of mail between 2 places in Alaska).

In subsection (b), before clause (1), the words "from time to

time" are omitted as surplus. Clauses (1) and (2) are substituted

for "to engage in air transportation" because 49 App.:1551(a)(4)(A)

provides that 49 App.:1375(b) no longer applies to interstate or

overseas air transportation (except transportation of mail between

2 places in Alaska). In clause (4), the words "between places

described in clauses (1) and (2) of this subsection and every

change in each schedule" are substituted for "between such points"

for clarity.

In subsection (c)(1), the words "any schedule of an air carrier

filed under subsection (b)(3) of this section" are substituted for

"any such schedule" for clarity.

In subsection (c)(2), the words "by order" are omitted as

surplus.

In subsection (d), the word "alter" is omitted as being included

in "amend, or modify".

In subsection (e), the words "adversely affected" are substituted

for "aggrieved" for consistency in the revised title. The words

"appeal the order" are substituted for "apply . . . for a review of

such order" for consistency in the revised title and with other

titles of the United States Code. The words "The Board may review,

and" are omitted as surplus. The words "amend, modify" are

substituted for "amend, revise" for consistency in the revised

title.

Subsection (f) is substituted for 49 App.:1375(b) (8th sentence)

to reflect the transfer of functions of the Civil Aeronautics Board

to the Secretary of Transportation.

PUB. L. 103-272, SEC. 4(K)(1), (3)

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

41902(a), 49 App.:1551(a)(8). Aug. 23, 1958, Pub. L.

(b) 85-726, 72 Stat. 731, Sec.

1601(a)(8); added Oct. 4,

1984, Pub. L. 98-443, Sec.

3(c), 98 Stat. 1704; Sept.

30, 1988, Pub. L. 100-457,

Sec. 346 (related to Sec.

1601(a)(8) of Federal

Aviation Act of 1958), 102

Stat. 2155.

49 App.:1551(b)(3). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

1601(b)(3); added Oct. 4,

1984, Pub. L. 98-443, Sec.

3(f), 98 Stat. 1704; Sept.

30, 1988, Pub. L. 100-457,

Sec. 346 (related to Sec.

1601(b)(3) of Federal

Aviation Act of 1958), 102

Stat. 2155.

--------------------------------------------------------------------

Section 4(k) reflects amendments to the restatement required by

section 1601(a)(8) of the Federal Aviation Act of 1958 (Public Law

85-726, 72 Stat. 731), as added by section 3(c) of the Civil

Aeronautics Board Sunset Act of 1984 (Public Law 98-443, 98 Stat.

1704), and section 1601(b)(3) of the Federal Aviation Act of 1958

(Public Law 85-726, 72 Stat. 731), as added by section 3(f) of the

Civil Aeronautics Board Sunset Act of 1984 (Public Law 98-443, 98

Stat. 1704). Section 1601(a)(8) provides that the authority under

49 App.:1371(l) and (m) and 1375(b)-(d) as those sections relate to

transportation of mail by aircraft between places in Alaska

(restated in sections 41107 and 41901-41903 of the revised title)

ceases on January 1, 1999. Section 1601(b)(3) transfers the

authority for prescribing rates for transportation of mail between

places in Alaska from the Secretary of Transportation to the Postal

Service effective January 1, 1999.

AMENDMENTS

1999 - Subsecs. (a), (b)(2) to (4). Pub. L. 106-31 repealed Pub.

L. 103-272, Sec. 4(k). See 1994 Amendment notes below.

1994 - Subsec. (a). Pub. L. 103-272, Sec. 4(k)(1), which directed

the amendment of this section by substituting "foreign air

transportation" for "foreign air transportation or between places

in Alaska", effective Jan. 1, 1999, was repealed by Pub. L. 106-31,

Sec. 6003, effective Dec. 31, 1998.

Subsec. (b)(2) to (4). Pub. L. 103-272, Sec. 4(k)(3), as amended

by Pub. L. 103-429, which directed the amendment of subsec. (b) by

redesignating par. (3) as (2) and substituting "clause (1)" for

"clauses (1) and (2)", striking out former par. (2) which read as

follows: "the places between which the carrier is authorized to

transport mail in Alaska;", and redesignating par. (4) as (3),

effective Jan. 1, 1999, was repealed by Pub. L. 106-31, Sec. 6003,

effective Dec. 31, 1998.

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-31, title VI, Sec. 6003, May 21, 1999, 113 Stat. 113,

provided that the amendment made by section 6003 is effective Dec.

31, 1998.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 7(a) of Pub. L. 103-429 provided in part that the

amendment made by that section is effective July 5, 1994.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 41903 of this title.

-End-

-CITE-

49 USC Sec. 41903 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart ii - economic regulation

CHAPTER 419 - TRANSPORTATION OF MAIL

-HEAD-

Sec. 41903. Duty to provide certain transportation of mail

-STATUTE-

(a) Air Carriers. - Subject to subsection (b) of this section, an

air carrier authorized by its certificate to transport mail by

aircraft in foreign air transportation or 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 in

foreign air transportation or 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.

-SOURCE-

(Pub. L. 103-272, Secs. 1(e), 4(k)(1), July 5, 1994, 108 Stat.

1154, 1370; Pub. L. 106-31, title VI, Sec. 6003, May 21, 1999, 113

Stat. 113.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272, SEC. 1(E)

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

41903(a) 49 App.:1371(l). Aug. 23, 1958, Pub. L.

85-726, Secs. 401(l),

405(c), (d), 72 Stat. 757,

761.

49 App.:1375(d).

49 Aug. 23, 1958, Pub. L.

App.:1551(a)(4)(A) 85-726, 72 Stat. 731, Sec.

(related to 49 1601(a)(4)(A) (related to

App.:1371(l), Secs. 401(l), 405(c), (d));

1375(d)). added Oct. 4, 1984, Pub. L.

98-443, Sec. 3(c), 98 Stat.

1703.

41903(b) 49 App.:1375(c).

49

App.:1551(a)(4)(A)

(related to 49

App.:1375(c)).

49 Aug. 23, 1958, Pub. L.

App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.

1601(b)(1)(E); added Oct.

4, 1984, Pub. L. 98-443,

Sec. 3(e), 98 Stat. 1704.

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "Subject to

subsection (b) of this section" are added for clarity because

subsection (b) limits the effect of this section. The words

"transport mail by aircraft in foreign air transportation or

between places in Alaska" are substituted for "the transportation

of mail" in 49 App.:1371(l) and "the transportation of mail by

aircraft" in 49 App.:1375(d) because 49 App.:1551(a)(4)(A) provides

that 49 App.:1371(l) and 1375(d) no longer apply to interstate or

overseas air transportation (except transportation of mail between

2 places in Alaska). Clause (2) is substituted for "shall transport

mail whenever required by the United States Postal Service" in 49

App.:1371(l) and the text of 49 App.:1375(d) for clarity and to

eliminate unnecessary words. The text of 49 App.:1371(l) (last

sentence) is omitted as surplus because section 41901 of the

revised title specifies how the rates of compensation are

determined.

In subsection (b), before clause (1), the words "transportation

of mail by aircraft in foreign air transportation or between places

in Alaska" are added because 49 App.:1551(a)(4)(A) provides that 49

App.:1375(c) no longer applies to interstate or overseas air

transportation of mail (except transportation of mail between 2

places in Alaska).

PUB. L. 103-272, SEC. 4(K)(1)

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

41903 49 App.:1551(a)(8). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

1601(a)(8); added Oct. 4,

1984, Pub. L. 98-443, Sec.

3(c), 98 Stat. 1704; Sept.

30, 1988, Pub. L. 100-457,

Sec. 346 (related to Sec.

1601(a)(8) of Federal

Aviation Act of 1958), 102

Stat. 2155.

49 App.:1551(b)(3). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

1601(b)(3); added Oct. 4,

1984, Pub. L. 98-443, Sec.

3(f), 98 Stat. 1704; Sept.

30, 1988, Pub. L. 100-457,

Sec. 346 (related to Sec.

1601(b)(3) of Federal

Aviation Act of 1958), 102

Stat. 2155.

--------------------------------------------------------------------

Section 4(k) reflects amendments to the restatement required by

section 1601(a)(8) of the Federal Aviation Act of 1958 (Public Law

85-726, 72 Stat. 731), as added by section 3(c) of the Civil

Aeronautics Board Sunset Act of 1984 (Public Law 98-443, 98 Stat.

1704), and section 1601(b)(3) of the Federal Aviation Act of 1958

(Public Law 85-726, 72 Stat. 731), as added by section 3(f) of the

Civil Aeronautics Board Sunset Act of 1984 (Public Law 98-443, 98

Stat. 1704). Section 1601(a)(8) provides that the authority under

49 App.:1371(l) and (m) and 1375(b)-(d) as those sections relate to

transportation of mail by aircraft between places in Alaska

(restated in sections 41107 and 41901-41903 of the revised title)

ceases on January 1, 1999. Section 1601(b)(3) transfers the

authority for prescribing rates for transportation of mail between

places in Alaska from the Secretary of Transportation to the Postal

Service effective January 1, 1999.

AMENDMENTS

1999 - Pub. L. 106-31 repealed Pub. L. 103-272, Sec. 4(k). See

1994 Amendment note below.

1994 - Pub. L. 103-272, Sec. 4(k)(1), which directed the

amendment of this section by substituting "foreign air

transportation" for "foreign air transportation or between places

in Alaska" in introductory provisions of subsecs. (a) and (b),

effective Jan. 1, 1999, was repealed by Pub. L. 106-31, Sec. 6003,

effective Dec. 31, 1998.

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-31, title VI, Sec. 6003, May 21, 1999, 113 Stat. 113,

provided that the amendment made by section 6003 is effective Dec.

31, 1998.

-End-

-CITE-

49 USC Sec. 41904 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart ii - economic regulation

CHAPTER 419 - TRANSPORTATION OF MAIL

-HEAD-

Sec. 41904. Noncitizens transporting mail to or in foreign

countries

-STATUTE-

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 to or in a foreign country, the Postal

Service may make an arrangement with the person, without

advertising, to provide the transportation.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1155.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

41904 49 App.:1375(e)(2). Aug. 23, 1958, Pub. L.

85-726, Sec. 405(e)(2), 72

Stat. 761.

--------------------------------------------------------------------

The words "who may not be obligated to transport the mail for a

foreign country" are omitted for simplicity and clarity because the

omitted words impose no requirement or qualification that is

meaningful.

-End-

-CITE-

49 USC Sec. 41905 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart ii - economic regulation

CHAPTER 419 - TRANSPORTATION OF MAIL

-HEAD-

Sec. 41905. Regulating air carrier transportation of foreign mail

-STATUTE-

An air carrier holding a certificate that authorizes foreign air

transportation and transporting mail of a foreign country shall

transport that mail under the control of, and subject to regulation

by, the United States Government.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1155.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

41905 49 App.:1375(f)(1) Aug. 23, 1958, Pub. L.

(1st sentence). 85-726, Sec. 405(f)(1) (1st

sentence), 72 Stat. 761.

--------------------------------------------------------------------

-End-

-CITE-

49 USC Sec. 41906 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart ii - economic regulation

CHAPTER 419 - TRANSPORTATION OF MAIL

-HEAD-

Sec. 41906. Emergency mail transportation

-STATUTE-

(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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1155.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

41906(a) 49 App.:1375(h) Aug. 23, 1958, Pub. L.

(1st, 2d, last 85-726, Sec. 405(h), 72

sentences). Stat. 762.

41906(b) 49 App.:1375(h) (3d

sentence).

--------------------------------------------------------------------

In subsection (a), the word "disaster" is substituted for

"calamitous visitation" for consistency in the revised title and

with other titles of the United States Code. The words "any or all

classes of" and "of compensation" are omitted as surplus. The words

"from appropriations for the transportation of mail by the means

normally used for transporting the mail transported under such

contracts" are omitted as superseded by 39:chs. 20 and 24. The

authority of the Postal Service under this section is in addition

to the authority of the Postal Service under 39:5001.

In subsection (b), the words "Transportation provided" are

substituted for "operation" for consistency in this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 41902 of this title.

-End-

-CITE-

49 USC Sec. 41907 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart ii - economic regulation

CHAPTER 419 - TRANSPORTATION OF MAIL

-HEAD-

Sec. 41907. Prices for foreign transportation of mail

-STATUTE-

(a) Limitations. - When air transportation is provided between

the United States and a foreign country both by aircraft owned or

operated by an air carrier holding a certificate under chapter 411

of this title and by aircraft owned or operated by a foreign air

carrier, the United States Postal Service may not pay to or for the

account of the foreign air carrier a price for transporting mail by

aircraft between the United States and the foreign country that the

Postal Service believes will result (over a reasonable period

determined by the Postal Service considering exchange fluctuations

and other factors) in the foreign air carrier receiving a price for

transporting the mail that is higher than the price -

(1) the government of a foreign country or foreign postal

administration pays to air carriers for transporting mail of the

foreign country by aircraft between the foreign country and the

United States; or

(2) determined by the Postal Service to be comparable to the

price the government of a foreign country or foreign postal

administration pays to air carriers for transporting mail of the

foreign country by aircraft between the foreign country and an

intermediate country on the route of the air carrier between the

foreign country and the United States.

(b) Changes. - The Secretary of Transportation shall act

expeditiously on proposed changes in prices for transporting mail

by aircraft in foreign air transportation. When prescribing those

prices, the Secretary shall consider -

(1) the prices paid for transportation of mail under the

Universal Postal Union Convention as ratified by the United

States Government;

(2) the price-making elements used by the Universal Postal

Union in prescribing its airmail prices; and

(3) the competitive disadvantage to United States flag air

carriers resulting from foreign air carriers receiving Universal

Postal Union prices for transporting United States mail and

national origin mail of their own countries.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1155.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

41907(a) 49 App.:1376(h)(1). Aug. 23, 1958, Pub. L.

85-726, Sec. 406(h)(1), 72

Stat. 765; Jan. 3, 1975,

Pub. L. 93-623, Sec. 4, 88

Stat. 2103.

41907(b) 49 App.:1376(h)(3). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

406(h)(3); added Jan. 3,

1975, Pub. L. 93-623, Sec.

4, 88 Stat. 2104.

49 Aug. 23, 1958, Pub. L.

App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.

1601(b)(1)(E); added Oct. 4,

1984, Pub. L. 98-443, Sec.

3(e), 98 Stat. 1704.

--------------------------------------------------------------------

In subsection (a), before clause (1), the word "price" is

substituted for "rate of compensation" for consistency in this

part. In clauses (1) and (2), the words "government of a foreign

country or foreign postal administration" are substituted for

"foreign country" for clarity and consistency in the revised title.

-End-

-CITE-

49 USC Sec. 41908 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart ii - economic regulation

CHAPTER 419 - TRANSPORTATION OF MAIL

-HEAD-

Sec. 41908. Prices for transporting mail of foreign countries

-STATUTE-

(a) Price Determinations. - The United States Postal Service

shall determine the prices that an air carrier holding a

certificate that authorizes foreign air transportation must charge

a government of a foreign country or foreign postal administration

for transporting mail of the foreign country. The Postal Service

shall put those prices into effect under the postal convention

regulating postal relations between the United States and the

foreign country or as provided under this section.

(b) Changes. - The Postal Service may authorize an air carrier

holding a certificate that authorizes foreign air transportation,

under limitations the Postal Service prescribes, to change the

prices the carrier charges a government of a foreign country or

foreign postal administration for transporting mail of the foreign

country in the foreign country or between the foreign country and

another foreign country.

(c) Collecting Compensation. - (1) When an air carrier holding a

certificate that authorizes foreign air transportation transports

mail of a foreign country -

(A) under an arrangement with a government of a foreign country

or foreign postal administration made or approved under this

section, the carrier must collect its compensation for the

transportation from the foreign country under the arrangement;

and

(B) without having an arrangement with a government of a

foreign country or foreign postal administration consistent with

this section, the compensation collected by the United States

Government for the transportation shall be for the account of the

air carrier.

(2) An air carrier holding a certificate that authorizes foreign

air transportation is not entitled to receive compensation from

both a government of a foreign country or foreign postal

administration and the United States Government for transporting

the same mail of the foreign country.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1156.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

41908(a) 49 App.:1375(f)(1) Aug. 23, 1958, Pub. L.

(2d, 3d sentences). 85-726, Sec. 405(f)(1)

(2d-last sentences), (2), 72

Stat. 761.

41908(b) 49 App.:1375(f)(1)

(last sentence).

41908(c) 49 App.:1375(f)(2).

--------------------------------------------------------------------

In this section, the words "government of a foreign country or

foreign postal administration" is substituted for "foreign country"

for clarity and consistency in the revised title.

In subsection (a), the text of 49 App.:1375(f)(1) (3d sentence)

is omitted as obsolete and superseded by 39:5402. The word "prices"

is substituted for "rates of compensation" for consistency in this

part. The words "from time to time" are omitted as surplus.

In subsection (c)(1), the words "When . . . transports mail of a

foreign country . . . (A) under an arrangement with a government of

a foreign country or foreign postal administration made or approved

under this section . . . (B) without having an arrangement with a

government of a foreign country or foreign postal administration

consistent with this section" are substituted for "In any case

where . . . has an arrangement with any foreign country for

transporting its mails, made or approved in accordance with the

provisions of paragraph (1) of this subsection . . . and in case of

the absence of any arrangement between the air carrier and the

foreign country consistent with this subsection" for clarity and to

eliminate unnecessary words. The words "for the transportation" are

added for clarity.

-End-

-CITE-

49 USC Sec. 41909 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart ii - economic regulation

CHAPTER 419 - TRANSPORTATION OF MAIL

-HEAD-

Sec. 41909. Duty to oppose unreasonable prices under the Universal

Postal Union Convention

-STATUTE-

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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1156.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

41909 49 App.:1376(h)(2). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

406(h)(2); added Jan. 3,

1975, Pub. L. 93-623, Sec.

4, 88 Stat. 2103.

--------------------------------------------------------------------

The words "necessary and" are omitted as being included in the

word "appropriate". The words "each" and "all" are omitted as

surplus. The words "transporting mail" are substituted for "such

services" for consistency in this section. The word "reasonable" is

substituted for "fair and reasonable" for consistency in the

revised title and to eliminate an unnecessary word. See revision

notes following 49:10101.

-End-

-CITE-

49 USC Sec. 41910 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart ii - economic regulation

CHAPTER 419 - TRANSPORTATION OF MAIL

-HEAD-

Sec. 41910. Weighing mail

-STATUTE-

The United States Postal Service may weigh mail transported by

aircraft 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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1157.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

41910 49 App.:1376(f). Aug. 23, 1958, Pub. L.

85-726, Sec. 406(f), 72

Stat. 764.

49 Aug. 23, 1958, Pub. L.

App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.

1601(b)(1)(E); added Oct. 4,

1984, Pub. L. 98-443, Sec.

3(e), 98 Stat. 1704.

--------------------------------------------------------------------

The text of 49 App.:1376(f) (2d sentence) is omitted as surplus

because of 39:chs. 4 and 10. The words "upon request of the Board"

are omitted as surplus because the Secretary of Transportation

makes the determination. The words "therefor in like manner" are

omitted as surplus.

-End-

-CITE-

49 USC Sec. 41911 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart ii - economic regulation

CHAPTER 419 - TRANSPORTATION OF MAIL

-HEAD-

Sec. 41911. Evidence of providing mail service

-STATUTE-

When and in the form required by the United States Postal

Service, an air carrier transporting or handling -

(1) United States mail shall submit evidence, signed by an

authorized official, that the transportation or handling has been

provided; and

(2) mail of a foreign country shall submit evidence, signed by

an authorized official, of the amount of mail transported or

handled and the compensation payable and received for that

transportation or handling.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1157.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

41911 49 App.:1375(g). Aug. 23, 1958, Pub. L.

85-726, Sec. 405(g), 72

Stat. 762.

--------------------------------------------------------------------

The word "duly" is omitted as surplus.

-End-

-CITE-

49 USC Sec. 41912 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart ii - economic regulation

CHAPTER 419 - TRANSPORTATION OF MAIL

-HEAD-

Sec. 41912. Effect on foreign postal arrangements

-STATUTE-

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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1157.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

41912 49 App.:1375(e)(1). Aug. 23, 1958, Pub. L.

85-726, Sec. 405(e)(1), 72

Stat. 761.

--------------------------------------------------------------------

In clause (1), the words "abrogate or" are omitted as being

included in "affect".

-End-