2016 US Code
Title 46 - Shipping
Subtitle IV - Regulation of Ocean Shipping
Part A - Ocean Shipping
Chapter 407 - Controlled Carriers
Sec. 40702 - Rate standards

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Citation 46 U.S.C. § 40702 (2016)
Section Name §40702. Rate standards
Section Text

(a) Definition.—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—

(1) shall take into account whether the rate or charge that has been published or assessed, or that would result from the pertinent classification, rule, or regulation, is below a level that is fully compensatory to the controlled carrier based on the carrier's actual costs or constructive costs; and

(2) may take into account other appropriate factors, including whether the rate, charge, classification, rule, or regulation is—

(A) the same as, or similar to, those published or assessed by other carriers in the same trade;

(B) required to ensure movement of particular cargo in the same trade; or

(C) required to maintain acceptable continuity, level, or quality of common carrier service to or from affected ports.

Source Credit

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1536.)

Editorial Notes
Historical and Revision Notes


Source (U.S. Code)Source (Statutes at Large)
40702 46 App.:1708(b). Pub. L. 98–237, §9(b), Mar. 20, 1984, 98 Stat. 76; Pub. L. 105–258, title I, §108(5)–(7), Oct. 14, 1998, 112 Stat. 1908.
Publication Title United States Code, 2012 Edition, Supplement 4, Title 46 - SHIPPING
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 46 - SHIPPING
Subtitle IV - Regulation of Ocean Shipping
Part A - Ocean Shipping
Sec. 40702 - Rate standards
Contains section 40702
Date 2016
Laws In Effect As Of Date January 6, 2017
Positive Law Yes
Disposition standard
Statutes at Large References 98 Stat. 76
112 Stat. 1908
120 Stat. 1536
Public Law References Public Law 98-237, Public Law 105-258, Public Law 109-304
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