§ 40701. Rates
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/usc/title-46/section-40701A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.)
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- Pub. L. 109–304, § 7
- 120 Stat. 1535
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§ 40701
Rates
Fed. Reg.×13
Pub. L.Pub. L. 109–304, § 7
Stat.120 Stat. 1535
Cites 2Cited by 13 across 1 source