PUBLIC LAW 110–405—OCT. 13, 2008 122 STAT. 4287 

Public Law 110–405 

110th Congress 

An Act 

To amend section 5402 of title 39, United States Code, to modify the authority 

relating to United States Postal Service air transportation contracts, and for 

other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Air Carriage of International 

Mail Act’’. 

SEC. 2. AIR CARRIAGE OF INTERNATIONAL MAIL. 

(a) CONTRACTING AUTHORITY.—Section 5402 of title 39, United 

States Code, is amended by striking subsections (b) and (c) and 

inserting the following: 

‘‘(b) INTERNATIONAL MAIL.— 

‘‘(1) IN GENERAL.— 

‘‘(A) Except as otherwise provided in this subsection, 

the Postal Service may contract for the transportation of 

mail by aircraft between any of the points in foreign air 

transportation only with certificated air carriers. A contract 

may be awarded to a certificated air carrier to transport 

mail by air between any of the points in foreign air 

transportation that the Secretary of Transportation has 

authorized the carrier to serve either directly or through 

a code-share relationship with one or more foreign air 

carriers. 

‘‘(B) If the Postal Service has sought offers or proposals 

from certificated air carriers to transport mail in foreign 

air transportation between points, or pairs of points within 

a geographic region or regions, and has not received offers 

or proposals that meet Postal Service requirements at a 

fair and reasonable price from at least 2 such carriers, 

the Postal Service may seek offers or proposals from foreign 

air carriers. Where service in foreign air transportation 

meeting the Postal Service’s requirements is unavailable 

at a fair and reasonable price from at least 2 certificated 

air carriers, either directly or through a code-share relationship with one or more foreign air carriers, the Postal 

Service may contract with foreign air carriers to provide 

the service sought if, when the Postal Service seeks offers 

or proposals from foreign air carriers, it also seeks an 

offer or proposal to provide that service from any certificated air carrier providing service between those points, 

or pairs of points within a geographic region or regions, 

Air Carriage of 

International 

Mail Act. 

39 USC 101 note. 

Oct. 13, 2008 

[S. 3536] 


bjneal on POFP91QD1 with PUBLAWS
122 STAT. 4288 PUBLIC LAW 110–405—OCT. 13, 2008 

on the same terms and conditions that are being sought 

from foreign air carriers. 

‘‘(C) For purposes of this subsection, the Postal Service 

shall use a methodology for determining fair and reasonable 

prices for the Postal Service designated region or regions 

developed in consultation with, and with the concurrence 

of, certificated air carriers representing at least 51 percent 

of available ton miles in the markets of interest. 

‘‘(D) For purposes of this subsection, ceiling prices 

determined pursuant to the methodology used under 

subparagraph (C) shall be presumed to be fair and reasonable if they do not exceed the ceiling prices derived from— 

‘‘(i) a weighted average based on market rate data 

furnished by the International Air Transport Association or a subsidiary unit thereof; or 

‘‘(ii) if such data are not available from those 

sources, such other neutral, regularly updated set of 

weighted average market rates as the Postal Service, 

with the concurrence of certificated air carriers representing at least 51 percent of available ton miles 

in the markets of interest, may designate. 

‘‘(E) If, for purposes of subparagraph (D)(ii), concurrence cannot be attained, then the most recently available 

market rate data described in this subparagraph shall continue to apply for the relevant market or markets. 

‘‘(2) CONTRACT PROCESS.—The Postal Service shall contract 

for foreign air transportation as set forth in paragraph (1) 

through an open procurement process that will provide— 

‘‘(A) potential offerors with timely notice of business 

opportunities in sufficient detail to allow them to make 

a proposal; 

‘‘(B) requirements, proposed terms and conditions, and 

evaluation criteria to potential offerors; and 

‘‘(C) an opportunity for unsuccessful offerors to receive 

prompt feedback upon request. 

‘‘(3) EMERGENCY OR UNANTICIPATED CONDITIONS; INADEQUATE LIFT SPACE.—The Postal Service may enter into contracts to transport mail by air in foreign air transportation 

with a certificated air carrier or a foreign air carrier without 

complying with the requirements of paragraphs (b)(1) and (2) 

if— 

‘‘(A) emergency or unanticipated conditions exist that 

make it impractical for the Postal Service to comply with 

such requirements; or 

‘‘(B) its demand for lift exceeds the space available 

to it under existing contracts and— 

‘‘(i) there is insufficient time available to seek additional lift using procedures that comply with those 

requirements without compromising the Postal Service’s service commitments to its own customers; and 

‘‘(ii) the Postal Service first offers any certificated 

air carrier holding a contract to carry mail between 

the relevant points the opportunity to carry such excess 

volumes under the terms of its existing contract. 

‘‘(c) GOOD FAITH EFFORT REQUIRED.—The Postal Service and 

potential offerors shall put a good-faith effort into resolving disputes 

concerning the award of contracts made under subsection (b).’’. 


bjneal on POFP91QD1 with PUBLAWS
PUBLIC LAW 110–405—OCT. 13, 2008 122 STAT. 4289 

(b) CONFORMING AMENDMENTS TO TITLE 49.— 

(1) Section 41901(a) is amended by striking ‘‘39.’’ and 

inserting ‘‘39, and in foreign air transportation under section 

5402(b) and (c) of title 39.’’. 

(2) Section 41901(b)(1) is amended by striking ‘‘in foreign 

air transportation or’’. 

(3) Section 41902 is amended— 

(A) by striking ‘‘in foreign air transportation or’’ in 

subsection (a); 

(B) by striking subsection (b) and inserting the following: 

‘‘(b) STATEMENTS ON PLACES AND SCHEDULES.—Every air carrier shall file with the United States Postal Service a statement 

showing— 

‘‘(1) the places between which the carrier is authorized 

to transport mail in Alaska; 

‘‘(2) every schedule of aircraft regularly operated by the 

carrier between places described in paragraph (1) and every 

change in each schedule; and 

‘‘(3) for each schedule, the places served by the carrier 

and the time of arrival at, and departure from, each such 

place.’’; 

(C) by striking ‘‘subsection (b)(3)’’ each place it appears 

in subsections (c)(1) and (d) and inserting ‘‘subsection 

(b)(2)’’; and 

(D) by striking subsections (e) and (f). 

(4) Section 41903 is amended by striking ‘‘in foreign air 

transportation or’’ each place it appears. 

(5) Section 41904 is amended— 

(A) by striking ‘‘to or in foreign countries’’ in the 

section heading; 

(B) by striking ‘‘to or in a foreign country’’ and inserting 

‘‘between two points outside the United States’’; and 

(C) by inserting after ‘‘transportation.’’ the following: 

‘‘Nothing in this section shall affect the authority of the 

Postal Service to make arrangements with noncitizens for 

the carriage of mail in foreign air transportation under 

subsections 5402(b) and (c) of title 39.’’. 

(6) Section 41910 is amended by striking the first sentence 

and inserting ‘‘The United States Postal Service may weigh 

mail transported by aircraft between places in Alaska and 

make statistical and –administrative computations necessary 

in the interest of mail service.’’. 

(7) Chapter 419 is amended— 

(A) by striking sections 41905, 41907, 41908, and 

41911; and 

(B) redesignating sections 41906, 41909, 41910, and 

49112 as sections 41905, 41906, 41907, and 41908, respectively. 

(8) The chapter analysis for chapter 419 is amended by 

redesignating the items relating to sections 41906, 41909, 

41910, and 49112 as relating to sections 41905, 41906, 41907, 

and 41908, respectively. 

(9) Section 101(f) of title 39, United States Code, is 

amended by striking ‘‘mail and shall make a fair and equitable 

distribution of mail business to carriers providing similar modes 

49 USC 

4105–41910, 

41912. 

Alaska. 


bjneal on POFP91QD1 with PUBLAWS
122 STAT. 4290 PUBLIC LAW 110–405—OCT. 13, 2008 

LEGISLATIVE HISTORY—S. 3536: 

CONGRESSIONAL RECORD, Vol. 154 (2008): 

Sept. 26, considered and passed Senate. 

Sept. 27, 29, considered and passed House. 

Æ 

of transportation services to the Postal Service.’’ and inserting 

‘‘mail.’’. 

(10) Subsections (b) and (c) of section 3401 of title 39, 

United States Code, are amended— 

(A) by striking ‘‘at rates fixed and determined by the 

Secretary of Transportation in accordance with section 

41901 of title 49’’ and inserting ‘‘or, for carriage of mail 

in foreign air transportation, other air carriers, air taxi 

operators or foreign air carriers as permitted by section 

5402 of this title’’; 

(B) by striking ‘‘at rates not to exceed those so fixed 

and determined for scheduled United States air carriers’’; 

(C) by striking ‘‘scheduled’’ each place it appears and 

inserting ‘‘certificated’’; and 

(D) by striking the last sentence in each such subsection. 

(11) Section 5402(a) of title 39, United States Code, is 

amended— 

(A) by inserting ‘‘ ‘foreign air carrier’.’’ after ‘‘ ‘interstate 

air transportation’,’’ in paragraph (2); 

(B) by redesignating paragraphs (7) through (23) as 

paragraphs (8) through (24) and inserting after paragraph 

(6) the following: 

‘‘(7) the term ‘certificated air carrier’ means an air carrier 

that holds a certificate of public convenience and necessity 

issued under section 41102(a) of title 49;’’; 

(C) by redesignating paragraphs (9) through (24), as 

redesignated, as paragraphs (10) through (25), respectively, 

and inserting after paragraph (8) the following: 

‘‘(9) the term ‘code-share relationship’ means a relationship 

pursuant to which any certificated air carrier or foreign air 

carrier’s designation code is used to identify a flight operated 

by another air carrier or foreign air carrier;’’; and 

(D) by inserting ‘‘foreign air carrier,’’ after ‘‘terms’’ 

in paragraph (2). 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on October 1, 2008. 

Approved October 13, 2008. 

39 USC 101 note. 


bjneal on POFP91QD1 with PUBLAWS