49 U.S.C. § 41901

In this section, the word “prescribe” is substituted for “fix and determine” and “fixing and determining” for consistency in the revised title and with other titles of the United States Code. The word “reasonable” is substituted for “fair and reasonable” for consistency in the revised title and to eliminate an unnecessary word. See the revision notes following 49:10101.

Subsection (a) is substituted for 49 App.:1551(b)(1)(D) to make clear that the United States Postal Service derives its authority to provide for the transportation of mail by aircraft in interstate transportation from 39:5402(d) and (f). The text of 49 App.:1376(a) (1st sentence related to non-Alaska interstate and overseas air transportation less words between parentheses) is omitted as superseded by 39:5402(d).

section 5402 of title 39In subsection (b), before clause (1), the words “Except as provided in ” are added for clarity. The words “from time to time” in 49 App.:1376(a) are omitted as surplus. The text of 49 App.:1376(a) (2d, last sentences) is omitted as executed. In clauses (1) and (2), the word “prices” is substituted for “rates of compensation” for consistency in this part. In clause (1), the words “an opportunity for a hearing on the record” are substituted for “hearing” for clarity and consistency with subsection (f) of this section. The words “to be paid by the Postal Service” are substituted for “The United States Postal Service shall make payments . . . of so much of the total compensation as is fixed and determined by the Board under this section without regard to clause (3) of subsection (b) of this section” in 49 App.:1376(c) to eliminate unnecessary words because the text of 49 App.:1376(b) (2d sentence words after 2d semicolon) is being omitted. See the revision notes for subsection (d) of this section. The words “out of appropriations for the transportation of mail by aircraft” are omitted as being superseded by chapters 20 and 24 of title 39, United States Code. The text of 49 App.:1376(c) (2d sentence) is omitted as expired because of 49 App.:1376(c) (last sentence). The text of 49 App.:1376(c) (last sentence) is omitted as executed. The words “and to make such rates effective from such date as it shall determine to be proper” in 49 App.:1376(a) are omitted because the power to determine when rates go into effect is included in the power to prescribe rates. The words “transportation of mail by aircraft in foreign air transportation or between places in Alaska” are substituted for “transportation of mail by aircraft” because 49 App.:1551(b)(1)(D) and (E) provides that transportation of mail in interstate or overseas air transportation (except transportation of mail between 2 places in Alaska) is transferred to the jurisdiction of the United States Postal Service leaving the balance of authority under 49 App.:1376(a) with the Secretary of Transportation.

In subsections (c), (d), and (f), reference to service provided by the Postal Service is omitted as obsolete because of 39:5402(d).

In subsection (c), the words “In prescribing prices under subsection (b) of this section, the Secretary” are added for clarity.

October 24, 1978January 1, 1983In subsection (d), the text of 49 App.:1376(b) (2d sentence words after 2d semicolon, 5th–7th sentences) and (d) is omitted as obsolete because under 49 App.:1376(c) and 1376a, payments by the Board under 49 App.:1376 were terminated. The text of 49 App.:1376(b) (3d, 4th sentences) is omitted as obsolete because it applies only to rates paid for service performed between , and . The text of 49 App.:1376(b) (last sentence) is omitted as executed.

Subsection (g) is substituted for 49 App.:1551(b)(3) and 1553(c) because the date on which the authority of the Secretary of Transportation to provide for the transportation of mail by aircraft expires is set out in 39:5402(f). The source provisions of 49 App.:1551(b)(3) providing for the transfer of that authority from the Secretary to the Postal Service are restated in section 5(k) of this bill.

Public Law 85–72672 Stat. 731 Public Law 98–44398 Stat. 1704 Public Law 85–72672 Stat. 731 Public Law 98–44398 Stat. 1704 lJanuary 1, 1999January 1, 1999Section 4(k) reflects amendments to the restatement required by section 1601(a)(8) of the Federal Aviation Act of 1958 (, ), as added by section 3(c) of the Civil Aeronautics Board Sunset Act of 1984 (, ), and section 1601(b)(3) of the Federal Aviation Act of 1958 (, ), as added by section 3(f) of the Civil Aeronautics Board Sunset Act of 1984 (, ). Section 1601(a)(8) provides that the authority under 49 App.:1371() 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 . 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 .

Editorial Notes

Amendments

Pub. L. 110–405, § 2(b)(1)2008—Subsec. (a). , substituted “39, and in foreign air transportation under section 5402(b) and (c) of title 39.” for “39.”

Pub. L. 110–405, § 2(b)(2)Subsec. (b)(1). , struck out “in foreign air transportation or” after “aircraft”.

Pub. L. 107–2062002—Subsec. (a). substituted “5402(e)” for “5402(d)”.

Pub. L. 106–31Pub. L. 103–272, § 4(k)1999—Subsecs. (b)(1), (g). repealed . See 1994 Amendment notes below.

Pub. L. 104–52Expiration Datesection 5402 of title 39section 5402(f) of title 391995—Subsec. (g). struck out subsec. (g) which read as follows: “.—The authority of the Secretary under this part and providing for the transportation of mail by aircraft between places in Alaska expires on the date specified in .”

Pub. L. 103–272, § 4(k)(1)Jan. 1, 1999Pub. L. 106–31, § 6003Dec. 31, 19981994—Subsec. (b)(1). , which directed the amendment of this section by substituting “foreign air transportation,” for “foreign air transportation or between places in Alaska,”, effective , was repealed by , effective .

Pub. L. 103–272, § 4(k)(2)Jan. 1, 1999Pub. L. 106–31, § 6003Dec. 31, 1998Subsec. (g). , which directed the amendment of this section by striking out subsec. (g), effective , was repealed by , effective .

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–405Oct. 1, 2008section 2(c) of Pub. L. 110–405section 101 of Title 39Amendment by effective , see , set out as a note under , Postal Service.

Effective Date of 1999 Amendment

Pub. L. 106–31, title VI, § 6003May 21, 1999113 Stat. 113 Dec. 31, 1998, , , provided that the amendment made by section 6003 is effective .