ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

49 U.S.C. § 41901General authority

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 421 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Postal Service can hire airlines to carry mail within the U.S. and to other countries, under separate postal law. The Secretary of Transportation, on request or on its own, sets fair prices and methods for paying airlines that carry mail in Alaska. The Secretary can also set different prices for different airlines.

(a) Title 39. The U.S. Postal Service can arrange for airlines to carry mail between U.S. states under section 5402(e) and (f) of title 39, and to and from other countries under section 5402(b) and (c) of title 39. (b) Authority To Prescribe Prices. Except as section 5402 of title 39 provides otherwise, the Secretary of Transportation -- either on the Secretary's own initiative or when the Postal Service or an airline asks -- must set and publish: (1) after notice and a chance for a hearing on the record, fair prices for each airline certified to carry mail between places in Alaska, covering the facilities used for that mail and the related services; (2) the method used to calculate each airline's or group of airlines' prices -- whether by mile flown, pound-mile, weight, space, or some combination; and (3) when those prices take effect. (c) Other Transportation. When setting these prices, the Secretary can include transportation other than by aircraft, if it's either incidental to flying the mail or needed because of an aviation emergency. (d) Authority To Prescribe Different Prices. Because conditions differ between airlines and types of service, the Secretary can set different prices for different airlines or classes of airlines, and for different classes of service. In setting a price, the Secretary must consider, among other things: (1) whether the airline can hold its mail certificate only by providing the necessary facilities and adequate service; and (2) legal standards for the character and quality of the service. (e) Statements on Prices. Anyone petitioning for a price under this section must say, in the petition, what price they believe is reasonable. (f) Statements on Required Services. In every proceeding under this section, the Postal Service must put into the record a full statement of what services it wants from the airline, plus any other information the Secretary considers relevant.
the actual law source: uscode.house.gov ↗public domain
(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, and in foreign air transportation under section 5402(b) and (c) 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 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 credit: (Pub. L. 103–272, §§ 1(e), 4(k)(1), (2), July 5, 1994, 108 Stat. 1153, 1370; Pub. L. 104–52, title VI, § 631(c), Nov. 19, 1995, 109 Stat. 505; Pub. L. 106–31, title VI, § 6003, May 21, 1999, 113 Stat. 113; Pub. L. 107–206, title III, § 3002(e)(2), Aug. 2, 2002, 116 Stat. 924; Pub. L. 110–405, § 2(b)(1), (2), Oct. 13, 2008, 122 Stat. 4289.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 1153, 1370
  • 1995Amended · Pub. L. 104-52 · 109 Stat. 505
  • 1999Amended · Pub. L. 106-31 · 113 Stat. 113
  • 2002Amended · Pub. L. 107-206 · 116 Stat. 924
  • 2008Amended · Pub. L. 110-405 · 122 Stat. 4289

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case