Page:United States Statutes at Large Volume 108 Part 2.djvu/439

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1155 section 41902(c) of this title, the carrier, as nearly in accordance with the schedule as the Secretary decides is possible, shall— (1) provide facilities sufficient to transport the mail to the extent the Secretary decides the carrier reasonably is able to do so; and (2) transport that mail. § 41904. Noncitizens transporting mail to or in foreign countries When the United States Postal Service decides that it may be necessary to have a person not a citizen of the United States transport mail by aircraft to or in a foreign country, the Postal Service may make an arrangement with the person, without advertising, to provide the transportation. § 41905. Regulating air carrier transportation of foreign mail An air carrier holding a certificate that authorizes foreign air transportation and transporting mail of a foreign country shall transport that mail under the control of, and subject to regulation by, the United States Government. § 41906. Emergency mail transportation (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. § 41907. Prices for foreign transportation of mail (a) LIMITATIONS.— When air transportation is provided between the United States and a foreign country both by aircraft owned or operated by an air carrier holding a certificate under chapter 411 of this title and by aircraft owned or operated by a foreign air carrier, the United States Postal Service may not pay to or for the account of the foreign air carrier a price for transporting mail by aircraft between the United States and the foreign country that the Postal Service believes will result (over a reasonable period determined by the Postal Service considering exchange fluctuations and other factors) in the foreign air carrier receiving a price for transporting the mail that is higher than the price— (1) the government of a foreign country or foreign postal administration pays to air carriers for transporting mail of the foreign country by aircraft between the foreign country and the United States; or (2) determined by the Postal Service to be comparable to the price the government of a foreign country or foreign postal administration pays to air carriers for transporting mail of the foreign country by aircraft between the foreign country

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