46 U.S. Code § 40701 - Rates

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(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.

Source

(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.

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

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46 CFR - Shipping

46 CFR Part 501 - THE FEDERAL MARITIME COMMISSION—GENERAL

46 CFR Part 502 - RULES OF PRACTICE AND PROCEDURE

46 CFR Part 520 - CARRIER AUTOMATED TARIFFS

46 CFR Part 532 - NVOCC NEGOTIATED RATE ARRANGEMENTS

46 CFR Part 565 - CONTROLLED CARRIERS

 

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