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NOTES:


Source

(Pub. L. 98–237, § 9, Mar. 20, 1984, 98 Stat. 76; Pub. L. 102–100, § 5, Aug. 17, 1991, 105 Stat. 492; Pub. L. 105–258, title I, § 108, Oct. 14, 1998, 112 Stat. 1908.)

Amendments

1998—Subsec. (a). Pub. L. 105–258, § 108(1)–(4), substituted “service contracts, or charge or assess rates,” for “service contracts filed with the Commission” and “maintain, or enforce” for “or maintain” in first sentence, “prohibit the publication or use of” for “disapprove” in third sentence, and “that have been suspended or prohibited by the Commission” for “filed by a controlled carrier that have been rejected, suspended, or disapproved by the Commission” in last sentence.
Subsec. (b). Pub. L. 105–258, § 108(5), substituted “shall take into account whether the rates or charges which have been published or assessed or which would result from the pertinent classifications, rules, or regulations are below a level which is fully compensatory to the controlled carrier based upon that carrier’s actual costs or upon its constructive costs. For purposes of the preceding sentence, the term ‘constructive costs’ means the costs of another carrier, other than a controlled carrier, operating similar vessels and equipment in the same or a similar trade. The Commission may also take into account other appropriate factors, including but not limited to, whether—” for “may take into account appropriate factors including, but not limited to, whether—” in introductory provisions.
Subsec. (b)(1). Pub. L. 105–258, § 108(6), (7), redesignated par. (2) as (1), substituted “published or assessed” for “filed”, and struck out former par. (1) which read as follows: “the rates or charges which have been filed or which would result from the pertinent classifications, rules, or regulations are below a level which is fully compensatory to the controlled carrier based upon that carrier’s actual costs or upon its constructive costs, which are hereby defined as the costs of another carrier, other than a controlled carrier, operating similar vessels and equipment in the same or a similar trade;”.
Subsec. (b)(2) to (4). Pub. L. 105–258, § 108(6), redesignated pars. (2) to (4) as (1) to (3), respectively.
Subsec. (c). Pub. L. 105–258, § 108(8), substituted “publication.” for “filing with the Commission.” in first sentence.
Subsec. (d). Pub. L. 105–258, § 108(9)–(15), substituted “Prohibition” for “Disapproval” in heading, inserted first sentence to read as follows: “Within 120 days after the receipt of information requested by the Commission under this section, the Commission shall determine whether the rates, charges, classifications, rules, or regulations of a controlled carrier may be unjust and unreasonable.”, substituted “published or assessed” for “filed”, “shall issue” for “may issue”, and “prohibited.” for “disapproved.” in second sentence, substituted “30” for “60” in fourth sentence, and in last sentence inserted “controlled” after “affected” and substituted “publish” for “file”.
Subsec. (e). Pub. L. 105–258, § 108(16), substituted “prohibition” for “disapproval” in first sentence.
Subsec. (f)(1). Pub. L. 105–258, § 108(17), inserted “or” at end.
Subsec. (f)(2) to (5). Pub. L. 105–258, § 108(18), (19), redesignated par. (5) as (2) and struck out former pars. (2) to (4) which read as follows:
“(2) a controlled carrier of a state which, on the effective date of this section, has subscribed to the statement of shipping policy contained in note 1 to annex A of the Code of Liberalization of Current Invisible Operations, adopted by the Council of the Organization for Economic Cooperation and Development;
“(3) rates, charges, classifications, rules, or regulations of a controlled carrier in any particular trade that are covered by an agreement effective under section 1705 of this Appendix, other than an agreement in which all of the members are controlled carriers not otherwise excluded from the provisions of this subsection;
“(4) rates, charges, classifications, rules, or regulations governing the transportation of cargo by a controlled carrier between the country by whose government it is owned or controlled, as defined herein and the United States; or”.
1991—Subsec. (a). Pub. L. 102–100, § 5(a), inserted “or service contracts” after “tariffs” in two places.
Subsec. (c). Pub. L. 102–100, § 5(b), inserted “and except for service contracts” after “Notwithstanding section 1707 (d) of this Appendix”.

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–258 effective May 1, 1999, see section 2 of Pub. L. 105–258, set out as a note under section 1701 of this Appendix.

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