39 U.S.C. § 5401 — Authorization

Page 126 TITLE 39—POSTAL SERVICE § 5007 (1) performs service for a contractor or sub- contractor in the transportation of mail; (2) files his contract for service with the Postal Service; and (3) files satisfactory evidence of performance with the Postal Service; shall have a lien on money due the contractor or subcontractor for the service. (b) The Postal Service may pay the person es- tablishing a lien under subsection (a) of this sec- tion the sum due him, when the contractor or subcontractor fails to pay the person the amount of his lien within 2 months after the ex- piration of the month in which the service was performed. It shall charge the amount so paid to the contract. The payments may not exceed the annual rate of pay of the contractor or subcon- tractor. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 767.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title. § 5007. Free transportation of postal employees (a) Each person or carrier engaged in the transportation of mail shall carry on any vessel, train, motor vehicle, or aircraft he operates, upon exhibiting their credentials and without extra charge therefor, persons on duty in charge of the mails or when traveling to and from such duty. (b)(1) In this subsection, ‘‘air carrier’’ and ‘‘aircraft’’ have the same meanings given those terms in section 40102(a) of title 49. (2) An air carrier engaged in transporting mail shall carry without charge on any plane it oper- ates those agents and officers of the Postal Service traveling on official business related to transporting mail by aircraft, as prescribed by regulations of the Secretary of Transportation, on exhibiting credentials. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 768; Pub. L. 103–272, § 4(g)(1), July 5, 1994, 108 Stat. 1364.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–272 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title. [CHAPTER 52—REPEALED] [§§ 5201 to 5215. Repealed. Pub. L. 109–435, title X, § 1002(a)(1), Dec. 20, 2006, 120 Stat. 3254] Section 5201, Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 768; Pub. L. 95–473, § 2(a)(4)(A)–(C), Oct. 17, 1978, 92 Stat. 1465; Pub. L. 96–454, § 3(b)(2), Oct. 15, 1980, 94 Stat. 2012; Pub. L. 97–261, § 6(d)(4), Sept. 20, 1982, 96 Stat. 1107; Pub. L. 99–521, § 4(3), Oct. 22, 1986, 100 Stat. 2993; Pub. L. 104–88, title III, § 307(3)–(9), (14), Dec. 29, 1995, 109 Stat. 946, re- lated to definitions. Section 5202, Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 768, related to applicability of chapter. Section 5203, Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 768; Pub. L. 95–473, § 2(a)(4)(D), Oct. 17, 1978, 92 Stat. 1465; Pub. L. 104–88, title III, § 307(10), (14), Dec. 29, 1995, 109 Stat. 946, related to authorization of service by carrier. Section 5204, Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 769, related to changes in service and placement of equip- ment. Section 5205, Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 769, related to evidence of service. Section 5206, Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 769, related to fines and deductions. Section 5207, Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 770; Pub. L. 104–88, title III, § 307(11), (14), Dec. 29, 1995, 109 Stat. 946, directed the Surface Transportation Board to fix rates. Section 5208, Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 770; Pub. L. 104–88, title III, § 307(12), (14), Dec. 29, 1995, 109 Stat. 946, related to procedures. Section 5209, Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 770; Pub. L. 104–88, title III, § 307(14), Dec. 29, 1995, 109 Stat. 946, related to special rates. Section 5210, Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 771, related to intermodal transportation. Section 5211, Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 771, related to statistical studies. Section 5212, Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 771; Pub. L. 104–88, title III, § 307(14), Dec. 29, 1995, 109 Stat. 946, related to special contracts. Section 5213, Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 771, related to carrier operations, receipts, and expendi- tures. Section 5214, Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 771, related to agreements with passenger common carriers by motor vehicle. Section 5215, Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 771; Pub. L. 95–473, § 2(a)(4)(E), Oct. 17, 1978, 92 Stat. 1465; Pub. L. 104–88, title III, § 307(12)–(14), Dec. 29, 1995, 109 Stat. 946, related to star route certification. CHAPTER 54—TRANSPORTATION OF MAIL BY AIR Sec. 5401. Authorization. 5402. Contracts for transportation of mail by air. 5403. Fines. § 5401. Authorization (a) The Postal Service is authorized to provide for the safe and expeditious transportation of mail by aircraft. (b) Except as otherwise provided in section 5402 of this title, the Postal Service may make such rules, regulations, and orders consistent with part A of subtitle VII of title 49, or any order, rule, or regulation made by the Secretary of Transportation thereunder, as may be nec- essary for such transportation. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 772; Pub. L. 98–443, § 9(g)(3), Oct. 4, 1984, 98 Stat. 1707; Pub. L. 103–272, § 5(k)(3), July 5, 1994, 108 Stat. 1375.) Editorial Notes AMENDMENTS 1994—Subsec. (b). Pub. L. 103–272 substituted ‘‘part A of subtitle VII’’ for ‘‘sections 1301–1542’’. 1984—Subsec. (b). Pub. L. 98–443 substituted ‘‘Sec- retary of Transportation’’ for ‘‘Civil Aeronautics Board’’. Page 127 TITLE 39—POSTAL SERVICE § 5402 1 So in original. Probably should be set off by quotation marks and the term ‘‘foreign air carrier’’ probably should appear only once. 2 So in original. The period probably should be a comma and the term ‘‘foreign air carrier’’ probably should appear only once. 3 So in original. The period probably should be a semicolon. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–443 effective Jan. 1, 1985, see section 9(v) of Pub. 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 Pub. L. 91–375, set out as a note preceding section 101 of this title. § 5402. Contracts for transportation of mail by air (a) In this section— (1) the term ‘‘acceptance point’’ means the point at which nonpriority bypass mail origi- nates; (2) the terms foreign air carrier,1 ‘‘air car- rier’’, ‘‘interstate air transportation’’, ‘‘for- eign air carrier’’.2 and ‘‘foreign air transpor- tation’’ have the meanings given such terms in section 40102(a) of title 49, United States Code; (3) the term ‘‘base fare’’ means the fare paid to the carrier issuing the passenger ticket or carrying nonmail freight which may entail service being provided by more than 1 carrier; (4) the term ‘‘bush carrier’’ means a carrier operating aircraft certificated within the pay- load capacity requirements of subsection (g)(1)(A)(iv)(I) on a city pair route; (5) the term ‘‘bush passenger carrier’’ means a passenger carrier that meets the require- ments of subsection (g)(1)(A)(iv)(I) and pro- vides passenger service on a city pair route; (6) the term ‘‘bush route’’ means an air route in which only a bush carrier is tendered non- priority bypass mail between the origination point, being either an acceptance point or a hub, as determined by the Postal Service, and the destination city; (7) the term ‘‘certificated air carrier’’ means an air carrier that holds a certificate of public convenience and necessity issued under sec- tion 41102(a) of title 49; (8) the term ‘‘city pair’’ means service be- tween an origin and destination city pair; (9) the term ‘‘code-share relationship’’ means a relationship pursuant to which any certificated air carrier or foreign air carrier’s designation code is used to identify a flight operated by another air carrier or foreign air carrier; (10) the term ‘‘composite rate’’— (A) means a combination of mainline and bush linehaul rates and a single terminal handling payment at a bush terminal han- dling rate paid to a bush carrier for a direct flight from an acceptance point to a bush destination beyond a hub point; and (B) shall be based on the mainline rate paid to the hub, plus the lowest bush rate paid to bush carriers in the State of Alaska for the distance traveled from the hub point to the destination point; (11) the term ‘‘equitable tender’’ means the practice of the Postal Service of equitably dis- tributing mail on a fair and reasonable basis between those air carriers that offer equiva- lent services and costs between 2 communities in accordance with the regulations of the Postal Service; (12) the term ‘‘existing mainline carrier’’ means a mainline carrier (as defined in this subsection) that on January 1, 2001, was— (A) certified under part 121; (B) qualified to provide mainline nonpri- ority bypass mail service; and (C) actually engaged in the carriage, on scheduled service within the State of Alas- ka, of mainline nonpriority bypass mail ten- dered to it under its designator code.3 (13) the term ‘‘mainline carrier’’ means a carrier operating aircraft under part 121 and certificated within the payload capacity re- quirements of subsection (g)(1)(A)(iv)(II) on a given city pair route; (14) the term ‘‘mainline route’’ means a city pair in which a mainline carrier is tendered nonpriority bypass mail; (15) the term ‘‘new’’, when referencing a car- rier, means a carrier that— (A) meets the respective requirements of subclause (I) or (II) of subsection (g)(1)(A)(iv), depending on the type of route being served and the size of aircraft being used to provide service; (B) began providing nonpriority bypass mail service on a city pair route in the State of Alaska after January 1, 2001; and (C) is not comprised of previously qualified existing mainline carriers as a result of merger or sale; (16) the term ‘‘part 121’’ means part 121 of title 14, Code of Federal Regulations; (17) the term ‘‘part 135’’ means part 135 of title 14, Code of Federal Regulations; (18) the term ‘‘scheduled service’’ means— (A) flights are operated in common car- riage available to the general public under a published schedule; (B) flight schedules are announced in ad- vance in systems specified by the Postal Service, in addition to the Official Airline Guide or the air cargo equivalent of that Guide; (C) flights depart whether full or not; and (D) customers contract for carriage sepa- rately on a regular basis; (19) the term ‘‘Secretary’’ means the Sec- retary of Transportation; (20) the term ‘‘121 bush passenger carrier’’ means a bush passenger carrier providing pas- senger service on bush routes under part 121; (21) the term ‘‘121 mainline passenger car- rier’’ means a mainline carrier providing pas- senger service through scheduled service on routes under part 121; (22) the term ‘‘121 passenger aircraft’’ means an aircraft flying passengers on a city pair route that is operated under part 121; (23) the term ‘‘121 passenger carrier’’ means a passenger carrier that provides scheduled service under part 121;