PRIA, Government Policy, Made Personal

Summary

In a flood, fire, or other disaster, the U.S. Postal Service can hire planes without public bidding to move mail to or from the affected area when the regular mail carriers cannot handle the job. Those hire-agreements can only last as long as needed to keep mail service going, the Postal Service pays the agreed contract price, and these flights are not treated as "air transportation" under the rules in this part.

Title 49, §41905

Transportation, Source: USLM XML via OLRC

(a)Contract Authority.—

In an emergency caused by a flood, fire, or other disaster, the United States Postal Service may make a contract without advertising to transport mail by aircraft to or from a locality affected by the emergency when the available facilities of persons authorized to transport mail to or from the locality are inadequate to meet the requirements of the Postal Service during the emergency. The contract may be only for periods necessary to maintain mail service because of the inadequacy of the facilities. Payment for transportation provided under the contract shall be made at prices provided in the contract.

(b)Transportation Not Air Transportation.—

Transportation provided under a contract made under subsection (a) of this section is not air transportation within the meaning of this part.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 41906(a)49 App.:1375(h) (1st, 2d, last sentences).Aug. 23, 1958, Pub. L. 85–726, § 405(h), 72 Stat. 762. 41906(b)49 App.:1375(h) (3d sentence). In subsection (a), the word “disaster” is substituted for “calamitous visitation” for consistency in the revised title and with other titles of the United States Code. The words “any or all classes of” and “of compensation” are omitted as surplus. The words “from appropriations for the transportation of mail by the means normally used for transporting the mail transported under such contracts” are omitted as superseded by 39:chs. 20 and 24. The authority of the Postal Service under this section is in addition to the authority of the Postal Service under 39:5001. In subsection (b), the words “Transportation provided” are substituted for “operation” for consistency in this chapter.

Editorial Notes

Prior Provisions

A prior section 41905, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1155, related to regulating air carrier transportation of foreign mail, prior to repeal by Pub. L. 110–405, § 2(b)(7)(A), (c), Oct. 13, 2008, 122 Stat. 4289, 4290, effective Oct. 1, 2008.

Amendments

2008—Pub. L. 110–405 renumbered section 41906 of this title as this section.

Effective Date

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

§41905 Emergency Mail Transportation