Page:United States Statutes at Large Volume 52.djvu/1039

 PUBLIC LAWS-CH. 601-JUNE 23, 1938 Rates for transpor- tation of mail. Authority to fix rates. Method of ascer- tainment. Publication. Rate-making ele- ments. Statement of Post- master Oeneral and carrier. ing on official business relating to the transportation of mail by air- craft, as the Authority may by regulation prescribe, upon the exhibi- tion of their credentials. RATES FOR TRANSPORTATION OF MAIL Authority to Fix Rates SEC. 406. (a) The Authority is empowered and directed, upon its own initiative or upon petition of the Postmaster General or an air carrier, (1) to fix and determine from time to time, after notice and hearing, the fair and reasonable rates of compensation for the trans- portation of mail by aircraft, the facilities used and useful therefor, and the services connected therewith (including the transportation of mail by an air carrier by other means than aircraft whenever such transportation is incidental to the transportation of mail by aircraft or is made necessary by conditions of emergency arising from aircraft operation), by each holder of a certificate authorizing the transporta- tion of mail by aircraft, and to make such rates effective from such date as it shall determine to be proper; (2) to prescribe the method or methods, by aircraft-mile, pound-mile, weight, space, or any com- bination thereof, or otherwise, for ascertaining such rates of compen- sation for each air carrier or class or air carriers; and (3) to publish the same; and the rates so fixed and determined shall be paid by the Postmaster General from appropriations for the transportation of mail by aircraft. Rate-Making Elements (b) In fixing and determining fair and reasonable rates of compen- sation under this section, the Authority, considering the conditions peculiar to transportation by aircraft and to the particular air carrier or class of air carriers, may fix different rates for different air carriers or classes of air carriers, and different classes of service. In deter- mining the rate in each case, the Authority shall take into considera- tion, among other factors, the condition that such air carriers may hold and operate under certificates authorizing the carriage of mail only by providing necessary and adequate facilities and service for the transporation 1 of mail; such standards respecting the character and quality of service to be rendered by air carriers as may be pre- scribed by or pursuant to law; and the need of each such air carrier for compensation for the transportation of mail sufficient to insure the performance of such service, and, together with all other revenue of the air carrier, to enable such air carrier under honest, economical, and efficient management, to maintain and continue the development of air transportation to the extent and of the character and quality required for the commerce of the United States, the Postal Service, and the national defense. Statement of Postmaster General and Carrier (c) Any petition for the fixing of fair and reasonable rates of compensation under this section shall include a statement of the rate the petitioner believes to be fair and reasonable. The Postmaster General shall introduce as part of the record in all proceedings under this section a comprehensive statement of all service to be required of the air carrier and such other information in his possession as may be deemed by the Authority to be material to the inquiry. 1 So in original 998 [52 STAT.

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