2016 US Code
Title 46 - Shipping
Subtitle IV - Regulation of Ocean Shipping
Part A - Ocean Shipping
Chapter 407 - Controlled Carriers
Sec. 40701 - Rates
| 46 U.S.C. § 40701 (2016) | ||||||
| §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. |
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(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1535.) |
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| United States Code, 2012 Edition, Supplement 4, Title 46 - SHIPPING | ||||||
| Bills and Statutes | ||||||
| United States Code | ||||||
| Y 1.2/5: | ||||||
| Title 46 - SHIPPING Subtitle IV - Regulation of Ocean Shipping Part A - Ocean Shipping CHAPTER 407 - CONTROLLED CARRIERS Sec. 40701 - Rates |
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| section 40701 | ||||||
| 2016 | ||||||
| January 6, 2017 | ||||||
| Yes | ||||||
| standard | ||||||
| 98 Stat. 76 105 Stat. 492 112 Stat. 1908 120 Stat. 1535 |
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| Public Law 98-237, Public Law 102-100, Public Law 105-258, Public Law 109-304 |
