46 USC 40701

U.S Code last checked for updates: Apr 26, 2024

§ 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.)

cite as: 46 USC 40701