§ 40503. Refunds and waivers

224 words·~1 min read·/usc/title-46/section-40503

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The Federal Maritime Commission, on application of a carrier or shipper, may permit a common carrier or conference to refund a portion of the freight charges collected from a shipper, or to waive collection of a portion of the charges from a shipper, if—

(1)there is an error in a tariff, a failure to publish a new tariff, or an error in quoting a tariff, and the refund or waiver will not result in discrimination among shippers, ports, or carriers;

(2)the common carrier or conference, before filing an application for authority to refund or waive any charges for an error in a tariff or a failure to publish a tariff, has published a new tariff setting forth the rate on which the refund or waiver would be based; and

(3)the application for the refund or waiver is filed with the Commission within 180 days from the date of shipment.

(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1535.)

In paragraph (1), the words “an error in a tariff, a failure to publish a new tariff” are substituted for “an error in a, in failing to publish a new tariff” to correct an obvious error in the underlying statute.

In paragraph (2), the words “or waive” are added for consistency with the reference to a waiver later in the paragraph.

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Pub. L. 109–304, § 7
120 Stat. 1535

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§ 40503

Refunds and waivers

Fed. Reg.×5

Pub. L.Pub. L. 109–304, § 7

Stat.120 Stat. 1535

Cites 2Cited by 5 across 1 source