39 USC § 5401 - Authorization

---
identifier: "/us/usc/t39/s5401"
source: "usc"
legal_status: "official_legal_evidence"
title: "39 USC § 5401 - Authorization"
title_number: 39
title_name: "POSTAL SERVICE"
section_number: "5401"
section_name: "Authorization"
chapter_number: 54
chapter_name: "TRANSPORTATION OF MAIL BY AIR"
part_number: "V"
part_name: "TRANSPORTATION OF MAIL"
positive_law: true
currency: "119-84"
last_updated: "2026-03-26"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 772; Pub. L. 98–443, § 9(g)(3), Oct. 4, 1984, 98 Stat. 1707; Pub. L. 103–272, § 5(k)(3), July 5, 1994, 108 Stat. 1375.)"
---


# § 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 part A of subtitle VII of title 49, or any order, rule, or regulation made by the Secretary of Transportation thereunder, as may be necessary for such transportation.

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**Source Credit**: (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 772; Pub. L. 98–443, § 9(g)(3), Oct. 4, 1984, 98 Stat. 1707; Pub. L. 103–272, § 5(k)(3), July 5, 1994, 108 Stat. 1375.)

## Editorial Notes

### Amendments

1994—Subsec. (b).  substituted “part A of subtitle VII” for “sections 1301–1542”.

1984—Subsec. (b).  substituted “Secretary of Transportation” for “Civil Aeronautics Board”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1984 Amendment

Amendment by  effective , see , set out as a note under , Government Organization and Employees.

### Effective Date

Section effective , pursuant to Resolution No. 71–9 of the Board of Governors. See , set out as a note preceding .