39 USC 5402 - Contracts for transportation of mail by air

1 So in original. Probably should be set off by quotation marks and the term “foreign air carrier” probably should appear only once.

“air carrier”, “interstate air transportation”, “foreign air carrier”.

2 So in original. The period probably should be a comma and the term “foreign air carrier” probably should appear only once.

and “foreign air transportation” have the meanings given such terms in

3 So in original. The period probably should be a semicolon.

Editorial Notes

References in Text

The effective date of the Rural Air Service Improvement Act of 2004, referred to in subsec. (g)(1)(B)(ii)(II), is the date of enactment of title III of div. J of Puspan. L. 108–447, which was approved Dec. 8, 2004.

The date of enactment of the Rural Service Improvement Act of 2002, referred to in subsecs. (g)(5)(D), (h)(3)(D), (7), (i)(7), and (j)(3), is the date of enactment of Puspan. L. 107–206, which was approved Aug. 2, 2002.

The date of enactment of this subsection, referred to in subsec. (s), is the date of enactment of Puspan. L. 107–206, which was approved Aug. 2, 2002.

Amendments

2008—Subsec. (a)(2). Puspan. L. 110–405, § 2(span)(11)(D), which directed the insertion of “foreign air carrier,” after “terms”, was executed by making the insertion after first reference to “terms” to reflect the probable intent of Congress.

Puspan. L. 110–405, § 2(span)(11)(A), inserted “ ‘foreign air carrier’.” after “ ‘interstate air transportation’,”

Subsec. (a)(7), (8). Puspan. L. 110–405, § 2(span)(11)(B), added par. (7) and redesignated former par. (7) as (8). Former par. (8) redesignated (9).

Subsec. (a)(9) to (24). Puspan. L. 110–405, § 2(span)(11)(C), added par. (9) and redesignated former pars. (9) to (23) as (10) to (24), respectively. Former par. (24) redesignated (25).

Puspan. L. 110–405, § 2(span)(11)(B), redesignated pars. (8) to (23) as (9) to (24), respectively.

Subsec. (a)(25). Puspan. L. 110–405, § 2(span)(11)(C), redesignated par. (24) as (25).

Subsecs. (span), (c). Puspan. L. 110–405, § 2(a), added subsecs. (span) and (c) and struck out former subsecs. (span) and (c) which related to contracts with certificated air carriers without advertising for bids for transportation of mail between points in foreign air transportation authorized by Secretary and contracts with air carriers for transportation of mail between points in foreign air transportation not authorized by Secretary, respectively.

2006—Subsec. (a)(4), (5). Puspan. L. 109–435, § 1005(a)(1), (2), substituted “subsection (g)(1)(A)(iv)(I)” for “subsection (g)(1)(D)(i)”.

Subsec. (a)(8)(A). Puspan. L. 109–435, § 1005(a)(3), substituted “linehaul rates and a single terminal handling payment at a bush terminal handling rate paid to a bush carrier” for “rates paid to a bush carrier”.

Subsec. (a)(11). Puspan. L. 109–435, § 1005(a)(4), substituted “subsection (g)(1)(A)(iv)(II)” for “subsection (g)(1)(D)(ii)”.

Subsec. (a)(13). Puspan. L. 109–435, § 1005(a)(5), substituted “subclause (I) or (II) of subsection (g)(1)(A)(iv)” for “clause (i) or (ii) of subsection (g)(1)(D)” in subpar. (A) and added subpar. (C).

Subsec. (d). Puspan. L. 109–435, § 1002(span)(2), struck out “for a period of not more than 4 years” after “may contract”.

Subsec. (g)(3)(C). Puspan. L. 109–435, § 1005(span)(1), added subpar. (C).

Subsec. (g)(5)(A)(i). Puspan. L. 109–435, § 1005(span)(2), substituted “subsection (g)(1)(A)(iv)(II)” for “subsection (g)(1)(D)(ii)”.

Subsec. (h)(1). Puspan. L. 109–435, § 1005(c)(1), inserted “bush” after “providing scheduled”.

Subsec. (h)(3). Puspan. L. 109–435, § 1005(c)(2), added par. (3) and struck out former par. (3) which related to conversion requirement for a 135 passenger carrier providing service on a city pair route in the State of Alaska to remain eligible for equitable tender of nonpriority bypass mail on the route when a 121 passenger carrier becomes qualified to be tendered nonpriority bypass mail on the route.

Subsec. (h)(5)(A). Puspan. L. 109–435, § 1005(c)(3), struck out cl. (i) designation before “In this section” and cl. (ii) which related to requirement to ensure accurate reporting of market share by requiring the Postal Service to make certain comparisons.

Subsec. (i)(6). Puspan. L. 109–435, § 1005(d), struck out subpar. (A) designation before “In this subsection” and subpar. (B) which related to requirement to ensure accurate reporting of market share by requiring the Postal Service to make certain comparisons.

Subsec. (j)(3)(B). Puspan. L. 109–435, § 1005(e), substituted “routes served exclusively by bush carriers in the State of Alaska” for “bush routes in the State of Alaska”.

Subsec. (k)(5). Puspan. L. 109–435, § 1005(f), struck out par. (5) which read as follows: “Not later than 30 days after the last day of each calendar month, carriers qualified or attempting to be qualified to be tendered nonpriority bypass mail shall report to the Secretary the excise taxes paid by city pair to the Department of the Treasury and the weight of and revenue earned by the carriage of nonmail freight. Final compiled data shall be made available to carriers providing service in the huspan.”

Subsec. (p)(3). Puspan. L. 109–435, § 1005(g), substituted “subsection (g)(1)(A)(iv)” for “subsection (g)(1)(D)”.

2004—Subsec. (a)(10)(C). Puspan. L. 108–447, § 301(c), added subpar. (C) and struck out former subpar. (C) which read as follows: “actually engaged in the carriage of maspan nonpriority bypass mail through scheduled service in the State of Alaska;”.

Subsec. (g)(1). Puspan. L. 108–447, § 301(d), added par. (1) and struck out former par. (1) which read as follows: “The Postal Service, in selecting carriers of non-priority bypass mail to any point served by more than one carrier in the State of Alaska, shall adhere to an equitable tender policy within a qualified group of carriers, in accordance with the regulations of the Postal Service, and shall, at a minimum, require that any such carrier shall—

“(A) hold a certificate of public convenience and necessity issued under section 41102(a) of title 49;

“(B) operate at least 3 scheduled flights each week to such point;

“(C) exhibit an adherence to such scheduled flights; and

“(D) have provided scheduled service with at least 3 scheduled (noncontract) flights per week between two points within the State of Alaska for at least 12 consecutive months with aircraft—

“(i) up to 7,500 pounds payload capacity before being selected as a carrier of nonpriority bypass mail at an applicable intra-Alaska bush service mail rate; and

“(ii) over 7,500 pounds payload capacity before being selected as a carrier of nonpriority bypass mail at the intra-Alaska maspan service mail rate.”

Subsec. (g)(4)(C). Puspan. L. 108–447, § 301(e), added subpar. (C).

Subsec. (g)(7). Puspan. L. 108–447, § 301(f), added par. (7).

2002—Subsec. (a). Puspan. L. 107–206, § 3002(c)(1)(C), added subsec. (a). Former subsec. (a) redesignated (span).

Subsecs. (span), (c). Puspan. L. 107–206, § 3002(e)(1)(A), substituted “Secretary” for “Secretary of Transportation” wherever appearing.

Puspan. L. 107–206, § 3002(c)(1)(B), redesignated subsecs. (a) and (span) as (span) and (c), respectively. Former subsec. (c) redesignated (d).

Subsec. (d). Puspan. L. 107–206, § 3002(e)(1)(A), substituted “Secretary” for “Secretary of Transportation”.

Puspan. L. 107–206, § 3002(c)(1)(B), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).

Subsec. (d)(2)(A). Puspan. L. 107–171, § 10501(1), inserted “, honeybees,” after “poultry”.

Subsec. (d)(2)(C). Puspan. L. 107–171, § 10501(2), struck out subpar. (C) which read as follows: “The authority of the Postal Service under subparagraph (B) shall apply during the period beginning on November 12, 2001, and ending June 30, 2002.”

Puspan. L. 107–206, § 3002(c)(1)(A), (B), redesignated subsec. (d) as (e) and struck out former subsec. (e) which read as follows: “For purposes of this section, the terms ‘air carrier’, ‘interstate air transportation’, and ‘foreign air transportation’ have the meanings given such terms in section 40102(a) of title 49.”

Subsec. (f). Puspan. L. 107–206, § 3002(e)(1), substituted “Secretary” for “Secretary of Transportation”, “subsections (span), (c), and (d)” for “subsections (a), (span), and (c)”, and “subsection (e)” for “subsection (d)”.

Subsec. (g)(1). Puspan. L. 107–206, § 3002(c)(2)(A), inserted “shall adhere to an equitable tender policy within a qualified group of carriers, in accordance with the regulations of the Postal Service, and” after “in the State of Alaska,” in introductory provisions.

Subsec. (g)(1)(C). Puspan. L. 107–206, § 3002(c)(2)(B), struck out “to the best of the abilities of such carrier” before semicolon.

Subsec. (g)(1)(D). Puspan. L. 107–206, § 3002(c)(2)(C), inserted “with at least 3 scheduled (noncontract) flights per week between two points” after “scheduled service” in introductory provisions.

Subsec. (g)(2). Puspan. L. 107–206, § 3002(c)(3), added subpars. (C) to (G) and concluding provisions.

Subsec. (g)(4) to (6). Puspan. L. 107–206, § 3002(c)(4), added pars. (4) to (6).

Subsecs. (h) to (s). Puspan. L. 107–206, § 3002(c)(5), added subsecs. (h) to (s).

2001—Subsec. (d). Puspan. L. 107–67 designated existing provisions as par. (1) and added par. (2).

1995—Subsec. (f). Puspan. L. 104–52, § 631(a)(1), substituted “The” for “During the period beginning January 1, 1985, and ending January 1, 1999, the”.

Subsec. (g)(1)(D). Puspan. L. 104–52, § 631(a)(2), amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “have provided scheduled service within the State of Alaska for at least 12 months before being selected as a carrier of non-priority bypass mail.”

1994—Subsec. (a). Puspan. L. 103–272, § 4(g)(2)(A), substituted “section 40101(a) of title 49” for “section 1302 of title 49”.

Subsec. (span). Puspan. L. 103–272, § 4(g)(2)(B), substituted “sections 40109(a) and (c)–(h) and 42112 of title 49” for “sections 1371(k) and 1386(span) of title 49”, “part A of subtitle VII of title 49” for “sections 1301–1542 of title 49”, and “chapters 411 and 413 of title 49” for “sections 1371–1386 of title 49”.

Subsec. (d). Puspan. L. 103–272, § 4(g)(2)(C), inserted “determine rates and” after “Service may” and struck out “and overseas” after “in interstate”.

Subsec. (e). Puspan. L. 103–272, § 4(g)(2)(D), struck out “ ‘overseas air transportation’,” before “and ‘foreign”, and substituted “section 40102(a) of title 49” for “section 101 of the Federal Aviation Act of 1958 (49 U.S.C. 1301)”.

Subsec. (g)(1)(A). Puspan. L. 103–429 substituted “section 41102(a) of title 49” for “section 401 of the Federal Aviation Act of 1958 (49 U.S.C. 1371)”.

1988—Subsec. (f). Puspan. L. 100–238, § 137(1), substituted “January 1, 1999” for “January 1, 1989”.

Subsec. (g). Puspan. L. 100–238, § 137(2), added subsec. (g).

1984—Subsec. (a). Puspan. L. 98–443, § 9(g)(4)(A)–(C), substituted “Secretary of Transportation” for “Civil Aeronautics Board” wherever appearing, substituted “between any of the points in foreign air transportation” for “between any of the points”, and struck out “10 percent of the domestic mail transported under any such contract or” before “5 percent”.

Subsec. (span). Puspan. L. 98–443, § 9(g)(4)(A), (D), substituted “Secretary of Transportation” for “Civil Aeronautics Board” wherever appearing and “required between points in foreign air transportation” for “required between points”.

Subsec. (c). Puspan. L. 98–443, § 9(g)(4)(A), (E), substituted “Secretary of Transportation” for “Civil Aeronautics Board” and “pairs of points in foreign air transportation is not adequate” for “pairs of points is not adequate”.

Subsecs. (d) to (f). Puspan. L. 98–443, § 9(g)(4)(F), added subsecs. (d) to (f).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Puspan. L. 110–405 effective Oct. 1, 2008, see section 2(c) of Puspan. L. 110–405, set out as a note under section 101 of this title.

Effective Date of 2006 Amendment

Puspan. L. 109–435, title X, § 1005(h) Dec. 20, 2006, 120 Stat. 3258, provided that:

“(1)In general.—Except as provided under paragraph (2), this section [amending this section] shall take effect on the date of enactment of this Act [Dec. 20, 2006].

“(2)Equitable tender.—Subsection (c) [amending this section] shall take effect on December 1, 2006.”

Effective Date of 2002 Amendment

Puspan. L. 107–206, title III, § 3002(g), Aug. 2, 2002, 116 Stat. 924, provided that:

“(1)In general.—Except as provided under paragraph (2), this title [amending this section, section 2703 of Title 19, Customs Duties, section 1626 of Title 43, Public Lands, and section 41901 of Title 49, Transportation, and enacting provisions set out as notes under this section and section 101 of this title, section 112 of Title 1, General Provisions, and sections 2703 and 3203 of Title 19] (including the amendments made by this title) shall take effect on the date of enactment of this Act [Aug. 2, 2002].

“(2)Selection of carriers.—The amendment made by subsection (c)(5) [amending this section] shall take effect 15 months after the date of enactment of this Act.”

Effective Date of 1995 Amendment

Puspan. L. 104–52, title VI, § 631(span), Nov. 19, 1995, 109 Stat. 505, provided that:

“(1) Subject to paragraph (2), the amendment made by subsection (a) [amending this section] shall be effective on and after August 1, 1995.

“(2) Subparagraph (D) of section 5402(g)(1) title 39, United States Code (as in effect before the amendment made under subsection (a)), shall apply to a carrier, if such carrier—

“(A) has an application pending before the Department of Transportation for approval under section 41102 or 41110(e) of title 39, [probably should be “49,”] United States Code, before August 1, 1995; and

“(B) would meet the requirements of such subparagraph if such application were approved and such certificate were purchased.”

Effective Date of 1984 Amendment

Amendment by Puspan. L. 98–443 effective Jan. 1, 1985, see section 9(v) of Puspan. L. 98–443, set out as a note under section 5314 of Title 5, Government Organization and Employees.

Effective Date

Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of Puspan. L. 91–375, set out as a note preceding section 101 of this title.

Findings

Puspan. L. 107–206, title III, § 3002(span), Aug. 2, 2002, 116 Stat. 910, provided that: “Congress makes the following findings:

“(1) The State of Alaska is the largest State in the Union and has a very limited system of roads connecting communities.

“(2) Alaska has more pilots per capita than any other State in the Union.

“(3) Pilots flying in Alaska are often the most skilled and best-prepared pilots in the world.

“(4) Air travel within the State of Alaska is often hampered by severe weather conditions and treacherous terrain.

“(5) The United States Government owns nearly ⅔ of Alaska’s landmass, including large tracts of land separating isolated communities within the State.

“(6) Such Federal ownership has inhibited the ability of Alaskans to build roads connecting isolated communities.

“(7) Most communities and a large portion of the population within the State can only be reached by air.

“(8) The vast majority of food items and everyday necessities destined for these isolated communities and populations can only be transported through the air.

“(9) The Intra-Alaska Bypass Mail system, created by Congress and operated by the United States Postal Service under section 5402 of title 39, United States Code, with input from the Department of Transportation, connecting hundreds of rural and isolated communities within the State, is a critical piece of the Alaska and the national transportation system. The system is like a 4-legged stool, designed to—

“(A) provide the most affordable means of delivering food and everyday necessities to these rural and isolated communities;

“(B) establish a system whereby the Postal Service can meet its obligations to deliver mail to every house and business in the United States;

“(C) support affordable and reliable passenger service; and

“(D) support affordable and reliable nonmail freight service.

“(10) Without the Intra-Alaska Bypass Mail system—

“(A) it would be difficult and more expensive for the Postal Service to meet its obligation of delivering mail to every house and business in the United States; and

“(B) food, medicine, freight, and everyday necessities and passenger service for these rural and isolated communities would cost several times the current level.

“(11) Attempts by Congress to support passenger and nonmail freight service in Alaska using the Intra-Alaska Bypass Mail system have yielded some positive results, but some carriers have been manipulating the system by carrying few, if any, passengers and little nonmail freight while earning most of their revenues from the carriage of nonpriority bypass mail.

“(12) As long as the Federal Government continues to own large tracts of land within the State of Alaska which impede access to isolated communities, it is in the best interest of the Postal Service, the residents of Alaska and the United States—

“(A) to ensure that the Intra-Alaska Bypass Mail system remains strong, viable, and affordable for the Postal Service;

“(B) to ensure that residents of rural and isolated communities in Alaska continue to have affordable, reliable, and safe passenger service;

“(C) to ensure that residents of rural and isolated communities in Alaska continue to have affordable, reliable, and safe nonmail freight service;

“(D) to encourage that intra-Alaska air carriers move toward safer, more secure, and more reliable air transportation under the Federal Aviation Administration’s guidelines and in accordance with part 121 of title 14, Code of Federal Regulations, where such operations are supported by the needs of the community; and

“(E) that Congress, pursuant to the authority granted under Article I, section 8 of the United States Constitution to establish Post Offices and post roads, make changes to ensure that the Intra-Alaska Bypass Mail system continues to be used to support substantial passenger and nonmail freight service and to reduce costs for the Postal Service.”

Actions of Air Carriers To Qualify as Bush Passengers or Nonmail Freight Carriers

Puspan. L. 107–206, title III, § 3002(d), Aug. 2, 2002, 116 Stat. 923, provided that: “Beginning 6 months after the date of enactment of this Act [Aug. 2, 2002], if the Secretary determines, based on the Secretary’s findings and recommendations of the Postal Service, that an air carrier being tendered nonpriority bush bypass mail is not taking actions to attempt to qualify as a bush passenger or nonmail freight carrier under section 5402 of title 39, United States Code (as amended by this title), the Postal Service shall immediately cease tender of all nonpriority bypass mail to such carrier.”

Reports to Congress

Puspan. L. 107–206, title III, § 3002(f), Aug. 2, 2002, 116 Stat. 924, provided that, not later than 18 months after Aug. 2, 2002, the Postal Service and the Secretary of Transportation were to submit a report to the Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate on the progress of implementing title III of Puspan. L. 107–206.