39 U.S.C. § 601

Letters carried out of the mail

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(a) A letter may be carried out of the mails when—(1) it is enclosed in an envelope;(2) the amount of postage which would have been charged on the letter if it had been sent by mail is paid by stamps, or postage meter stamps, on the envelope;(3) the envelope is properly addressed;(4) the envelope is so sealed that the letter cannot be taken from it without defacing the envelope;(5) any stamps on the envelope are canceled in ink by the sender; and(6) the date of the letter, of its transmission or receipt by the carrier is endorsed on the envelope in ink.(b) A letter may also be carried out of the mails when—(1) the amount paid for the private carriage of the letter is at least the amount equal to 6 times the rate then currently charged for the 1st ounce of a single-piece first class letter;(2) the letter weighs at least 12½ ounces; or(3) such carriage is within the scope of services described by regulations of the United States Postal Service (including, in particular, sections 310.1 and 320.2–320.8 of title 39 of the Code of Federal Regulations, as in effect on July 1, 2005) that purport to permit private carriage by suspension of the operation of this section (as then in effect).(c) Any regulations necessary to carry out this section shall be promulgated by the Postal Regulatory Commission.(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 727; Pub. L. 109–435, title V, § 503(a), Dec. 20, 2006, 120 Stat. 3234.)Editorial NotesAmendments

2006—Subsecs. (b), (c). Pub. L. 109–435 added subsecs. (b) and (c) and struck out former subsec. (b) which read as follows: “The Postal Service may suspend the operation of any part of this section upon any mail route where the public interest requires the suspension.”

Statutory Notes and Related SubsidiariesEffective Date of 2006 Amendment

Pub. L. 109–435, title V, § 503(b), Dec. 20, 2006, 120 Stat. 3235, provided that: “This section [amending this section] shall take effect on the date as of which the regulations promulgated under section 3633 of title 39, United States Code (as amended by section 202) take effect [Dec. 10, 2007, 72 F.R. 63662, 64155].”

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.

Study of Private Carriage of Mail: Reports to President and Congress

Pub. L. 91–375, § 7, Aug. 12, 1970, 84 Stat. 783, required the Board of Governors of the United States Postal Service to make a study of the restrictions on the private carriage of letters and packets and to submit a report and recommendations for modernization to the President and to the Congress within 2 years after the effective date of this section.

Provisions of section 7 of Pub. L. 91–375 effective within 1 year after Aug. 12, 1970, on date established therefor by the Board of Governors and published by it in the Federal Register, see section 15(a) of Pub. L. 91–375, set out as an Effective Date note preceding section 101 of this title.

Notes of Decisions

Cited in 23 cases, 1971–2018 · leading case: Air Courier Conf. of Am. v. Am. Postal Workers Union, 498 U.S. 517 (1991).

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Air Courier Conf. of Am. v. Am. Postal Workers Union, 498 U.S. 517 (1991). · cites it 8× “" 39 U. S. C. § 601 (b). In 1979, the Postal Service suspended the PES restrictions for "extremely urgent letters," thereby allowing overnight delivery of letters by private courier services.”

Nat'l Ass'n of Let. Car. v. Indep. Post. S. of A., Inc., 336 F. Supp. 804 (W.D. Okla. 1971). · cites it 9× “39 U.S.C.A. § 601 , a civil Statute, establishes a method by which a letter may be lawfully carried out of the mails and 18 U.”

Rivko Knox v. Mark Brnovich, 907 F.3d 1167 (9th Cir. 2018). “39 U.S.C. § 601 (b).6 5 39 C.F.R. §§ 310.”

Regents of the Univ. v. Pub. Emp. Relations Bd., 485 U.S. 589 (1988). · cites it 2× “[1] The Postal Service is authorized to suspend the operation of the Private Express Statutes when required by the "public interest," 39 U. S. C. § 601 (b). In this case, PERB also found that the Postal Service's "suspension" for letters of " bona fide student or faculty…”

Am. Postal Workers Union, Afl-Cio, Detroit Local v. Indep. Postal Sys. of Am., Inc., 481 F.2d 90 (6th Cir. 1973). · cites it 2× “” It is to be noted in passing that a separate statute providing a means of avoid *92 anee of these criminal sanctions (39 U. S.C. § 601) is without present application.”

Am. Postal Workers Union v. React Postal Servs., Inc., Mountain Bell Tel. Co. & United States Postal Serv., 771 F.2d 1375 (10th Cir. 1985). · cites it 4× “The court also found that React did not come within the exception of 39 U.S.C. § 601 (a)(2) (1982) because each letter, although affixed with postage at discount rates, was not affixed with the full amount of postage that would have been required had the sender/customer mailed…”

Fed. Express Corp. v. United States Postal Serv., 151 F.3d 536 (6th Cir. 1998). “In execution of its congres-sionally-ordained competitive entrepreneurial mission, USPS has, since approximately 1995, pursued an aggressive commercial advertisement campaign targeted against its private sector rivals in the expedited letter delivery market, including FedEx, in…”

Am. Postal Workers Union, Afl-Cio v. United States Postal Serv., 891 F.2d 304 (D.C. Cir. 1989). “” 39 U.S.C. § 601 (b). In 1979, the Postal Service exercised its authority under § 601(b) to suspend the PES for the carriage of extremely urgent letters, otherwise known as express mail or overnight service.”

Cooper v. United States Postal Serv., 482 F. Supp. 2d 278 (D. Conn. 2007). · cites it 2× “§ 1696 (c)[ ] allow[ ] private conveyance of letters if done on a one-time basis or without compensation, and [the provisions of] 39 U.S.C. § 601 (a)[ ] allow[ ] letters to be carried out of the mails if certain procedures are followed.”

Regents of Univ. of California v. Pub. Emp. Relations Bd., 139 Cal. App. 3d 1037 (Cal. Ct. App. 1983). “” 3 The few exceptions listed under the regulations include: (1) letters properly stamped ( 39 U.S.C. § 601 ; 39 C.F.R. § 310.2 (b)); (2) letters carried by the same person sending or receiving them (or an employee) ( 39 C.”

Nat'l Ass'n of Letter Carriers v. Indep. Postal Sys. of Am., Inc., 470 F.2d 265 (10th Cir. 1972). · cites it 5× “Upon hearing, the trial court permanently enjoined defendants from selling or offering for sale private postage stamps for use on Christmas cards addressed to a particular person or concern and from delivering the proposed Christmas cards except as permitted by 39 U. S.C. § 601,…”

Detroit Window Cleaners Local 139 Ins. Fund v. Griffin, 345 F. Supp. 1343 (E.D. Mich. 1972). “Congress has provided that only the Postal Service may deliver the mail, 39 U.S.C. § 601 et seq. (1971) (see generally United States v.”

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— 39 U.S.C. § 601(b) — 1 case

Am. Postal Workers Union v. United States Postal Serv., 701 F. Supp. 880 (D.D.C. 1988).

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