of mail, in passenger-carrying motor vehicles, by passenger common carriers, or by motor vehicles over the regular routes on which the carrier is permitted by law to transport passengers. (Pub. L. 91375, Aug. 12, 1970, 84 Stat. 771.) EFFECTIVE DATE Section effective July 1, 1971, pursuant to Resolution No. 71-9 of the Board of Governors. See section 15(a) of Pub. L. 91-375, set out as a note preceding section 101 of this title. § 5215. Star route certification. (a) Any person who was a contractor under a star route, mail messenger, or contract motor vehicle service contract on the effective date of this section (or successor in interest to any such person), shall, upon application to the Commission for the territory within which such contractor operated on or before the effective date of this section be issued a certificate of public convenience and necessity as a motor carrier for the transportation of mail by the Commission without the Commission's requiring further proof that the public convenience and necessity will be served by such operation and without further proceedings. (b) Applications of persons who were not contractors on the effective date of this section shall be decided in accordance with applicable Commission procedure. (c) For purposes of this section, the term "person" has the same meaning given that term under section 1 of title 1. (Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 771.) 5401. Authorization. CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 5005 of this title. § 5401. Authorization. (a) The Postal Service is authorized to provide for the safe and expeditious transportation of mail by aircraft. (b) Except as otherwise provided in section 5402 of this title, the Postal Service may make such rules, regulations, and orders consistent with sections 13011542 of title 49, or any order, rule, or regulation made by the Civil Aeronautics Board thereunder, as may be necessary for such transportation. (Pub. L. 91– 375, Aug. 12, 1970, 84 Stat. 772.) EFFECTIVE DATE Section effective July 1, 1971, pursuant to Resolution No. 71-9 of the Board of Governors. See section 15(a) of Pub. L. 91-375, set out as a note preceding section 101 of this title. § 5402. Contracts for transportation of mail by air. (a) The Postal Service may contract with any certificated air carrier, without advertising for bids, in such manner and under such terms and conditions and as it deems appropriate, for the transportation of mail by aircraft between any of the points between which the carrier is authorized by the Civil Aeronautics Board to engage in the transportation of mail. Such contracts shall be for the transportation of at least 750 pounds of mail per flight, and no more than 10 percent of the domestic mail transported under any such contract or 5 percent, based on weight, of the international mail transported under any such contract shall consist of letter mail. Any such contract shall be filed with the Civil Aeronautics Board not later than 90 days before its effective date. Unless the Civil Aeronautics Board shall determine otherwise (under criteria prescribed by section 1302 of title 49) not later than 10 days prior to the effective date of the contract, such contract shall become effective. (b) When the Postal Service deems that the transportation of mail by aircraft is required between points between which the Civil Aeronautics Board has not authorized an air carrier or combination of air carriers to engage in the transportation of mail, it may contract with any air carrier in such manner and under such terms and conditions as it may deem appropriate for the transportation of any class or classes of mail. The transportation of mail under contracts entered into under this subsection is not, except for sections 1371(k) and 1386(b) of title 49, air transportation within the provisions of sections 1301-1542 of title 49. The Postal Service shall cancel such contract, in whole or in respect to certain points as the certificate shall require, upon the issuance by the Civil Aeronautics Board of an authorization under sections 1371-1386 of title 49 to any air carrier to engage in the transportation of mail by aircraft between any of the points named in the contract, and the inauguration of scheduled service by such carrier. (c) If the Postal Service determines that service by certificated air carriers or combination of air carriers between any pair or pairs of points is not adequate for its purposes, it may contract for a period of not more than 4 years, without advertising for bids, in such manner and under such terms and conditions as it may deem appropriate, with any air taxi operator or combination thereof for such air transportation service. Contracts made under this subsection may be renewed at the existing rate by mutual agreement between the holder and the Postal Service. The Postal Service, with the consent of the air taxi operator, may adjust the compensation under such contracts for increased or decreased costs occasioned by changed conditions occurring during the contract term. The Postal Service shall cancel such a contract when the Civil Aeronautics Board authorizes an additional certificated carrier or carriers to provide service between any pair or pairs of points covered by the contract, and such carrier or carriers inaugurate schedules adequate for its purposes. (Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 772.) EFFECTIVE DATE Section effective July 1, 1971, pursuant to Resolution No. 71-9 of the Board of Governors. See section 15(a) TITLE 40.-PUBLIC BUILDINGS, PROPERTY, AND WORKS Hours of Labor and Safety on Public Works. 321 Acquisition of Sites for and Construction of Public Buildings. partments 551 36 to 37a. Repealed. 6. Laws not affected by creation of Office of Public Buildings and Public Parks of National Capital. 7 to 13. Repealed. 13a. United States Supreme Court Building; structural and mechanical care; care and maintenance of grounds. 13b. Same; structural, mechanical, and grounds employees. 13c. Same; domestic care and custody; superintendent. 13d. Repealed. 13e. Care and maintenance of Oliver Wendell Holmes Garden. 13f. Supreme Court Building and grounds; policing; designation of special policemen. 13g. Same; restriction of public travel. Same; injuries to property. 131. Same; firearms or fireworks; speeches; objectionable language. 13k. Same; parades or assemblages; display of flags. 131. Same; rules and regulations; publication; effective date. 53a. MacArthur Boulevard; jurisdiction and control. Moneys for public works; expenditure. 54. 55. Mains or pipes; laying for use of public buildings Same; unauthorized opening. 56. 57, 58. Omitted. Physical development of National Capital. 71a. National Capital Planning Commission. terms of ex 103. (c) Generalized elements of the plan. (d) Progressive review. adoption, amendment, (e) Consultation with interested agencies; hearings; citizen advisory councils. 71d. Proposed Federal and District developments and projects. (a) Consultations between agencies and Com- (b) Exceptions to consultation procedure. (d) Additional procedure for consultation on (e) Intent of section; interchange of plans, data, etc. 71e. Thoroughfare and mass transportation plans. (a) Preparation and adoption by Commission; submission and approval; revision. (b) Consultations prior to adoption of thoroughfare plan; recommendations; procedure by Bureau of Public Roads. 71f. Six-year program of public works; recommendation and annual review; submission of advance programs. 104 105. 106. Laws of District extended to public buildings and grounds. Ailanthus trees prohibited. Trees, shrubs, and plants, in greenhouses and nursery. Commission of Fine Arts. Same; secretary and executive officer. Same; appropriations. 107, 108. Omitted. 109 to 112. Repealed. 71g. Zoning regulations and maps, and subdivision of lands. 125. (a) Amendments of zoning regulations and maps. Same; means of access; care, maintenance, and improvements; appropriation. 126. 127. Same; erection of monument or memorial and re- 128. Approval by Administrator of General Services of sketches, plans, and estimates of buildings; exemptions. Reorganization of Executive Agencies, see Executive Order No. 6166, §§ 1, 2, promulgated June 10, 1953, set out as a note under section 901 of Title 5, Government Organization and Employees. Right of action for death or personal injury within national park or other place under exclusive jurisdiction of United States or governed by State laws, see section 457 of Title 16, Conservation. § 1. Repealed. Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 644. Section, act Mar. 1, 1919, ch. 86, § 10, 40 Stat. 1269, related to the control and allotment of space in public buildings in the District of Columbia. § 1a. Repealed. June 30, 1949, ch. 288, title I, § 103 (b), 63 Stat. 380, eff. July 1, 1949. Section, act July 9, 1943, ch. 210, 57 Stat. 390, related to the compensation of the former Commissioner of Public Buildings. §§ 2 to 5. Omitted. CODIFICATION Sections 2 to 5, acts Feb. 26, 1925, ch. 339, §§ 1-4, 43 Stat. 983; July 3, 1930, ch. 846, 46 Stat. 907; 1933 Ex. Ord. No. 6166, § 2, June 10, 1933; Mar. 2, 1934, ch. 38, § 1, 48 Stat. 389, related to the abolition of the commission in charge of the State, War, and Navy Department Buildings and of the Office of Public Buildings and Grounds; to the establishment of the Office of Public Buildings and Public Parks of the National Capital; and to the transfer of officers, employees, functions, records, etc., of the abolished agencies to that agency. The Office of Public Buildings and Public Parks of the National Capital was abolished, and its functions were transferred to the National Park Service, by Ex. Ord. No. 6166, § 2, June 10, 1933, set out as a note under section 901 of Title 5, Government Organization and Employees. The functions of the National Park Service in the District of Columbia in connection with general assignment of space, etc., were transferred to the Public Buildings Administration in the Federal Works Agency by 1939 Reorg. Plan No. I, §§ 301, 303, eff. July 1, 1939, 4 F. R. 2729, 53 Stat. 1426, 1427, set out in the Appendix to Title 5. For abolishment of the Federal Works Agency and the Public Buildings Administration, and transfer of functions thereof, see section 753 of this title. § 5a. Repealed. Oct. 31, 1951, ch. 654, § 1 (73), 65 Stat. 704. Section, act July 19, 1932, ch. 510, 47 Stat. 705, which related to employment of landscape architects, architects, engineers, artists, etc., in connection with public buildings in the National Capital, is now covered by section 758 of this title. § 6. Laws not affected by creation of Office of Public Buildings and Public Parks of National Capital. CODIFICATION Section, act Feb. 26, 1925, ch. 339, § 6, 43 Stat. 984, related to the Office of Public Buildings and Public Parks of the National Capital, which was abolished by Ex. Ord. No. 6166, § 2, eff. June 10, 1933, set out as a note under section 901 of Title 5, Government Organization and Employees. § 7. Repealed. Oct. 31, 1951, ch. 654, § 1 (74), 65 Stat. 704. Section, act July 8, 1918, ch. 139, § 1, 40 Stat. 831, which related to distribution of building employees among various government office buildings, is now covered by section 754 of this title. § 7a. Repealed. June 30, 1949, ch. 288, title I, § 103 (b), 63 Stat. 380, eff. July 1, 1949. Section, acts June 26, 1943, ch. 145, title I, § 101, 57 Stat. 176; June 27, 1944, ch. 286, title I, § 101, 58 Stat. 367; May 3, 1945, ch. 106, title I, § 101, 59 Stat. 112; Mar. 28, 1946, ch. 113, title I, § 101, 60 Stat. 65, related to appointment of personnel by the former Commissioner of Public Buildings. The Office of Commissioner of Public Buildings was abolished by act June 30, 1949, ch. 288, title I, § 103 (b), 63 Stat. 380, effective July 1, 1949. The provisions are now covered by section 758 of this title. §§ 8 to 13.. Repealed. Oct. 31, 1951, ch. 654, § 1 (75)—(80), 65 Stat. 704. Section 8, R. S. § 1798, related to expenditures of appropriations made for repairs and improvements of public buildings and grounds in the District of Columbia. Sections 9-13 related to the care and supervision of a number of specified office buildings in the District of Columbia. They were derived from the following acts: Section 9-Mar. 3, 1883, ch. 128, § 1, 22 Stat. 553. Section 10-May 22, 1908, ch. 186, § 1, 35 Stat. 218; Mar. 28, 1918, ch. 28, § 1, 40 Stat. 482; June 4, 1918, ch. 92, 40 Stat. 598. Section 11-Mar. 28, 1918, ch. 28, § 1, 40 Stat. 483; June 4, 1918, ch. 92, 40 Stat. 598. Section 12-May 24, 1922, ch. 199, 42 Stat. 554. § 13a. United States Supreme Court Building; structural and mechanical care; care and maintenance of grounds. The Architect of the Capitol shall have charge of the structural and mechanical care of the United States Supreme Court Building, including the care and maintenance of the grounds, and the supplying of all mechanical furnishings and mechanical equipment for the building. The operation and maintenance of the mechanical equipment and repair of the building shall be performed under his direction and he is authorized to enter into all necessary contracts. (May 7, 1934, ch. 222, § 1, 48 Stat. 668.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 13b of this title. § 13b. Same; structural, mechanical, and grounds employees. Employees required for the performance of the provisions of section 13a of this title shall be (a) appointed by the Architect of the Capitol with the approval of the Chief Justice of the United States; (b) compensated in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of Title 5; and (c) be subject to the provisions of the Act entitled "An Act for the retirement of employees in the classified civil service, and for other purposes," approved May 22, 1920, as amended. (May 7, 1934, ch. 222, § 2, 48 Stat. 668; Oct. 28, 1949, ch. 782, title XI, § 1106 (a), 63 Stat. 972.) REFERENCES IN TEXT The Act entitled "An Act for the retirement of employees in the classified civil service, and for other purposes," approved May 22, 1920, as amended, referred to in text, was repealed by Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 644, and is now covered by section 8301 et seq. of Title 5, Government Organization and Employees. AMENDMENTS 1949-Act Oct. 28, 1949, substituted "the Classification Act of 1949" for "the Classification Act of 1923", which for purposes of codification has been translated as "chapter 51 and subchapter III of chapter 53 of title 5." § 13c. Same; domestic care and custody; superintendent. All other duties and work required for the operation, domestic care, and custody of the building shall be performed under the direction of the Marshal of the Supreme Court of the United States, who shall be superintendent of the United States Supreme Court Building. (May 7, 1934, ch. 222, § 3, 48 Stat. 668; June 25, 1948, ch. 646, § 27, 62 Stat. 990.) AMENDMENTS 1948-Act June 25, 1948, omitted provision relating to custodial employees as it is now covered by section 672 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1948 AMENDMENT Section 38 of act June 25, 1948, provided that the amendment of this section shall be effective as of Sept. 1, 1948. § 13d. Repealed. June 25, 1948, ch. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948. Section, act May 7, 1934, ch. 222, § 4, 48 Stat. 668, related to disbursement of appropriations by the marshal, and is now covered by section 672 of Title 28, Judiciary and Judicial Procedure. |