Page:United States Statutes at Large Volume 116 Part 2.djvu/130

 116 STAT. 912 PUBLIC LAW 107-206—AUG. 2, 2002 (1) DEFINITIONS.— Section 5402 of title 39, United States Code, is amended— (A) by striking subsection (e); (B) by redesignating subsections (a) through (d) as subsections (b) through (e), respectively; and (C) by inserting before subsection (b), as redesignated, the following: "(a) In this section— "(1) the term 'acceptance point' means the point at which nonpriority bypass mail originates; "(2) the terms 'air carrier*, 'interstate air transportation', and 'foreign air transportation' have the meanings given such terms in section 40102(a) of title 49, United States Code; "(3) the term 'base fare' means the fare paid to the carrier issuing the passenger ticket or carrying nonmail freight which may entail service being provided by more than 1 carrier; "(4) the term 'bush carrier' means a carrier operating aircraft certificated within the payload capacity requirements of subsection (g)(l)(D)(i) on a city pair route; "(5) the term 'bush passenger carrier* means a passenger carrier that meets the requirements of subsection (g)(l)(D)(i) and provides passenger service on a city pair route; "(6) the term 'bush route' means an air route in which only a bush carrier is tendered nonpriority b3T)ass mail between the origination point, being either an acceptance point or a hub, as determined by the Postal Service, and the destination city; "(7) the term 'city pair' means service between an origin and destination city pair; "(8) the term 'composite rate'— "(A) means a combination of mainline and bush rates paid to a bush carrier for a direct flight from an acceptance point to a bush destination beyond a hub point; and "(B) shall be based on the mainline rate paid to the hub, plus the lowest bush rate paid to bush carriers in the State of Alaska for the distance traveled from the hub point to the destination point; "(9) the term 'equitable tender' means the practice of the Postal Service of equitably distributing mail on a fair and reasonable basis between those air carriers that offer equivalent services and costs between 2 communities in accordance with the regulations of the Postal Service; "(10) the term 'existing mainline carrier' means a mainline carrier (as defined in this subsection) that on January 1, 2001, was— "(A) certified under part 121; "(B) qualified to provide mainline nonpriority bypass mail service; and "(C) actually engaged in the carriage of mainline nonpriority bypass mail through scheduled service in the State of Alaska; "(11) the term 'mainline carrier' means a carrier operating aircraft under part 121 and certificated within the payload capacity requirements of subsection (g)( l)(D)(ii) on a given city pair route; "(12) the term 'mainline route' means a city pair in which a mainline carrier is tendered nonpriority bypass mail;

�