46 USC 40701 - Rates

(a) In General.—A controlled carrier may not—

(1) maintain a rate or charge in a tariff or service contract, or charge or assess a rate, that is below a just and reasonable level; or

(2) establish, maintain, or enforce in a tariff or service contract a classification, rule, or regulation that results, or is likely to result, in the carriage or handling of cargo at a rate or charge that is below a just and reasonable level.

(b) Commission Prohibition.—The Federal Maritime Commission, at any time after notice and opportunity for a hearing, may prohibit the publication or use of a rate, charge, classification, rule, or regulation that a controlled carrier has failed to demonstrate is just and reasonable.

(c) Burden of Proof.—In a proceeding under this section, the burden of proof is on the controlled carrier to demonstrate that its rate, charge, classification, rule, or regulation is just and reasonable.

(d) Voidness.—A rate, charge, classification, rule, or regulation that has been suspended or prohibited by the Commission is void and its use is unlawful.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1535.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40701	46 App.:1708(a).	Pub. L. 98–237, §9(a), Mar. 20, 1984, 98 Stat. 76; Pub. L. 102–100, §5(a), Aug. 17, 1991, 105 Stat. 492; Pub. L. 105–258, title I, §108(1)–(4), Oct. 14, 1998, 112 Stat. 1908.

Sections:  Previous  40304  40305  40306  40307  40501  40502  40503  40701  40702  40703  40704  40705  40706  40901  40902  Next

Last modified: October 26, 2015