Page:United States Statutes at Large Volume 116 Part 2.djvu/131

 PUBLIC LAW 107-206—AUG. 2, 2002 116 STAT. 913 "(13) the term 'new', when referencing a carrier, means a carrier that— "(A) meets the respective requirements of clause (i) or (ii) of subsection (g)(1)(D), depending on the type of route being served and the size of aircraft being used to provide service; and "(B) began providing nonpriority bypass mail service, on a city pair route in the State of Alaska after January 1, 2001; "(14) the term 'part 121' means part 121 of title 14, Code of Federal Regulations; "(15) the term 'part 135' means part 135 of title 14, Code of Federal Regulations; "(16) the term 'scheduled service' means— "(A) flights are operated in common carriage available to the general public under a published schedule; "(B) flight schedules are announced in advance in systems specified by the Postal Service, in addition to the Official Airline Guide or the air cargo equivalent of that Guide; "(C) flights depart whether full or not; and "(D) customers contract for carriage separately on a regular basis; "(17) the term 'Secretary means the Secretary of Transportation; "(18) the term '121 bush passenger carrier' means a bush passenger carrier providing passenger service on bush routes under part 121; "(19) the term '121 mainline passenger carrier' means a mainline carrier providing passenger service through scheduled service on routes under part 121; "(20) the term '121 passenger aircraft' means an aircraft flying passengers on a city pair route that is operated under part 121; "(21) the term '121 passenger carrier' means a passenger carrier that provides scheduled service under part 121; "(22) the term '135 bush passenger carrier' means a bush passenger carrier providing passenger service through scheduled service on bush routes under part 135; and "(23) the term '135 passenger carrier^ means a passenger carrier that provides scheduled service under part 135.". (2) REQUIREMENTS FOR SELECTION.— Section 5402(g)(1) of title 39, United States Code, is amended— (A) in the matter preceding subparagraph (A), by inserting after "in the State of Alaska," the following: "shall adhere to an equitable tender policy within a qualified group of carriers, in accordance with the regulations of the Postal Service, and"; (B) in subparagraph (C) by striking "to the best" and all that follows before the semicolon; and (C) in subparagraph (D) by inserting "with at least 3 scheduled (noncontract) flights per week between two points" after "scheduled service". (3) APPLICATION OF RATES.—Section 5402(g)(2) of title 39, United States Code, is amended— (A) by striking "and" at the end of subparagraph (A);

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