
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC41901]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                     subpart ii--economic regulation
 
                   CHAPTER 419--TRANSPORTATION OF MAIL
 
Sec. 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(d) 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.

(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.)

                                          Historical and Revision Notes
                                           Pub. L. 103-272, Sec.  1(e)
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
41901(a)..............................  49 App.:1376(a) (1st sentence    Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                         related to non-Alaska            406(a
), 72 Stat. 763; Nov. 9, 1977,
                                         interstate and overseas air      Pub. 
L. 95-163, Sec.  13, 91 Stat.
                                         transportation less words        1282.
                                         between parentheses).
                                        49 App.:1551(b)(1)(D).           Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  1601(b)(1)(D); added Oct.
                                                                          4, 19
84, Pub. L. 95-504, Sec.  40(a),
                                                                          92 St
at. 1745; Oct. 4, 1984, Pub. L.
                                                                          98-44
3, 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. 2
3, 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 App.:1551(b)(1)(E).           Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  1601(b)(1)(E); added Oct.
                                                                          4, 19
84, Pub. L. 98-443, Sec.  3(e),
                                                                          98 St
at. 1704.
41901(c)..............................  49 App.:1376(a) (1st sentence
                                         words between parentheses).
41901(d)..............................  49 App.:1376(b).                 Aug. 2
3, 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. 2
3, 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. 2
3, 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
                                                                          Feder
al 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
                                                                          Sunse
t 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  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
41901(b)(1), (g)......................  49 App.:1551(a)(8).              Aug. 2
3, 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.
                                                                          100-4
57, Sec.  346 (related to Sec.
                                                                          1601(
a)(8) of Federal Aviation Act of
                                                                          1958)
, 102 Stat. 2155.
                                        49 App.:1551(b)(3).              Aug. 2
3, 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.
                                                                          100-4
57, 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. (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.

                  Section Referred to in Other Sections

    This section is referred to in title 39 section 3401.
