Pub. L. 108-447, div. J, tit. III, sec. 301

Sec. 301. (a) Short Title.—This title may be cited as the “Rural Air Service Improvement Act of 2004”.(b) Further Amendments.—The amendments made by this section are further amendments to section 5402 of title 39, United States Code, including the amendments made by section 3002 of the 2002 Supplemental Appropriations Act for Further Recovery From and Response To Terrorist Attacks on the United States (Public Law 107–206) to that section of title 39, United States Code.(c) Existing Mainline Carriers.—Section 5402(a)(10) of title 39, United States Code, is amended by striking subparagraph (C) and inserting the following:“(C) actually engaged in the carriage, on scheduled service within the State of Alaska, of mainline nonpriority bypass mail tendered to it under its designator code.”.(d) Nonpriority Bypass Mail.—Section 5402(g) of title 39, United States Code, is amended by striking the matter preceding paragraph (2) and inserting the following:“(g)(1)(A) The Postal Service, in selecting carriers of nonpriority bypass mail to any point served by more than 1 carrier in the State of Alaska, shall adhere to an equitable tender policy within a qualified group of carriers, in accordance with the regulations of the Postal Service, and shall, at a minimum, require that any such carrier—“(i) hold a certificate of public convenience and necessity issued under section 41102(a) of title 49; “(ii) operate at least to such point at least the number of scheduled flights each week established under subparagraph (B)(i); “(iii) exhibit an adherence to such scheduled flights; and “(iv) have provided scheduled service with at least the number of scheduled noncontract flights each week established under subparagraph (B)(ii) between 2 points within the State of Alaska for at least 12 consecutive months with aircraft—“(I) up to 7,500 pounds payload capacity before being selected as a carrier of nonpriority bypass mail at an applicable intra-Alaska bush service mail rate; and 118 STAT. 3351“(II) over 7,500 pounds payload capacity before being selected as a carrier of nonpriority bypass mail at the intra-Alaska mainline service mail rate. “(B)(i) For purposes of subparagraph (A)(ii)—“(I) for aircraft described under subparagraph (A)(iv)(I) the number is 3; and “(II) for aircraft described under subparagraph (A)(iv)(II), the number is 2, except as may be provided under subparagraph (C).“(ii) For purposes of subparagraph (A)(iv)—“(I) for aircraft described under subparagraph (A)(iv)(I), the number is 3; and“(II) for aircraft described under subparagraph (A)(iv)(II), for any week in any month before the effective date of the Rural Air Service Improvement Act of 2004, the number is 3, and after such date, the number is 2.“(C) The Postal Service, after consultation with affected carriers, may establish for service by aircraft described under subparagraph (A)(iv)(II)—“(i) a larger number of flights than required under subparagraph (B)(i); or“(ii) the days that service will operate.”.(e) Subcontracts by Existing Mainline Carriers.—Section 5402(g)(4) of title 39, United States Code, is amended by adding at the end the following:“(C) A providing carrier selected under subparagraph (A) may subcontract the transportation of nonpriority bypass mail to another existing mainline carrier when additional or substitute aircraft are temporarily needed to meet the delivery schedule of the Postal Service or the carrier’s operating requirements. The providing carrier shall remain responsible for the mail from origin through destination.”.(f) Aircraft Preferences for Other Postal Products.—Section 5402(g) of title 39, United States Code, is amended by adding at the end the following:“(7) Nothing in this section shall preclude the Postal Service from establishing by regulation aircraft preferences for the dispatch of postal products other than nonpriority bypass mail.”.