Pub. L. 100-238, tit. I, sec. 137

Sec. 137. Section 5402 of title 39, United States Code, is amended— (1) in subsection (f) by striking out “January 1, 1989” and inserting in lieu thereof “January 1, 1999”; and (2) by adding at the end thereof the following new subsection: “(g) (1) The Postal Service, in selecting carriers of non-priority bypass mail to any point served by more than one carrier in the State of Alaska, shall, at a minimum, require that any such carrier shall— “(A) hold a certificate of public convenience and necessity issued under section 401 of the Federal Aviation Act of 1958 (49 U.S.C. 1371); “(B) operate at least 3 scheduled flights each week to such point; “(C) exhibit an adherence to such scheduled flights to the best of the abilities of such carrier; and “(D) have provided scheduled service within the State of Alaska for at least 12 months before being selected as a carrier of non-priority bypass mail. “(2) The Postal Service— “(A) may provide direct mainline non-priority bypass mail service to any bush point in the State of Alaska, without regard to paragraph (1)(B), if such service is equal to or better than interline service in cost and quality; and “(B) shall deduct the non-priority bypass mail poundage flown on direct mainline flights to bush points within the State of Alaska by any carrier, from such carrier’s allocation of the total poundage of non-priority bypass mail transported to the nearest appropriate Postal Service hub point in any month. “(3) (A) The Postal Service shall determine the bypass mail bush points and hub points described under paragraph (2)(B) after consultation with the State of Alaska and the affected local communities and air carriers. “(B) Any changes in the determinations of the Postal Service under subparagraph (A) shall be made— “(i) after consultation with the State of Alaska and the affected local communities and air carriers; and “(ii) after giving 12 months public notice before any such change takes effect.