46 U.S. Code § 40702 - Rate standards
In this section, 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.
(b)Standards.—In determining whether a rate, charge, classification, rule, or regulation of a controlled carrier is just and reasonable, the Federal Maritime Commission—
(2) may take into account other appropriate factors, including whether the rate, charge, classification, rule, or regulation is—
required to maintain acceptable continuity, level, or quality of common carrier service to or from affected ports.
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