§ 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(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.
([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].)