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
(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.
Source(Pub. L. 109–304, § 7,Oct. 6, 2006, 120 Stat. 1535.)
|Revised Section||Source (U.S. Code)||Source (Statutes at Large)|
|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.|
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