
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC41902]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                     subpart ii--economic regulation
 
                   CHAPTER 419--TRANSPORTATION OF MAIL
 
Sec. 41902. Schedules for certain transportation of mail

    (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.

(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.)

                                          Historical and Revision Notes
                                           Pub. L. 103-272, Sec.  1(e)
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           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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---------------------------------
41902(a)..............................  49 App.:1375(b) (last            Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                         sentence).                       405(b
), 72 Stat. 760.
                                        49 App.:1551(a)(4)(A) (related   Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                         to 49 App.:1375(b)).             731, 
Sec.  1601(a)(4)(A) (related to
                                                                          Sec. 
 405(b)), (b)(1)(E); added Oct.
                                                                          4, 19
84, 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).
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---------------------------------

    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)
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---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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---------------------------------
41902(a), (b).........................  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.
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    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.

                  Section Referred to in Other Sections

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