§41107. Transportation of mail

When the United States Postal Service finds that the needs of the Postal Service require the transportation of mail by aircraft in foreign air transportation or between places in Alaska, in addition to the transportation of mail authorized under certificates in effect, the Postal Service shall certify that finding to the Secretary of Transportation with a statement about the additional transportation and facilities necessary to provide the additional transportation. A copy of each certification and statement shall be posted for at least 20 days in the office of the Secretary. After notice and an opportunity for a hearing, the Secretary shall issue a new certificate under section 41102 of this title, or amend or modify an existing certificate under section 41110(a)(2)(A) of this title, to provide the additional transportation and facilities if the Secretary finds the additional transportation is required by the public convenience and necessity.

( Pub. L. 103–272, §§1(e), 4(k)(1), July 5, 1994, 108 Stat. 1121 , 1370; Pub. L. 106–31, title VI, §6003, May 21, 1999, 113 Stat. 113 .)

The words "from time to time" are omitted as surplus. The words "United States Postal Service" and "Postal Service" are substituted for "Postmaster General" in section 401(m) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 757) because of sections 4(a) and 6(o) of the Postal Reorganization Act (Public Law 91–375, 84 Stat. 773, 783). The words "in foreign air transportation or between places in Alaska" are substituted for "between any points within the United States or between the United States and foreign countries" for consistency in the revised title and because 49 App.:1551(a)(4)(A) provides that 49 App.:1371(m) no longer applies to interstate or overseas air transportation (except transportation of mail between 2 places in Alaska). In addition, Congress did not intend to maintain the regulation of domestic air transportation of mail. See section 40102(a) of the revised title defining "air transportation" to mean interstate or foreign air transportation or the transportation of mail by aircraft. The word "currently" is omitted as surplus. The words "opportunity for a" are added for consistency in the revised title and with other titles of the United States Code. The words "or certificates" are omitted as surplus because of 1:1. The word "modify" is added for consistency in the revised title.

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.

Editorial Notes

Amendments

1999-Pub. L. 106–31 repealed Pub. L. 103–272, §4(k). See 1994 Amendment note below.

1994-Pub. L. 103–272, §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, §6003, effective Dec. 31, 1998.

Statutory Notes and Related Subsidiaries

Effective Date of 1999 Amendment

Pub. L. 106–31, title VI, §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

Pub. L. 103–272, §4(k), July 5, 1994, 108 Stat. 1370 , which provided that the amendments made by that section (amending this section and sections 41901, 41902, and 41903 of this title) were effective Jan. 1, 1999, was repealed by Pub. L. 106–31, title VI, §6003, May 21, 1999, 113 Stat. 113 , effective Dec. 31, 1998.