In General .—
A controlled carrier may not—
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
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.
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.
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.
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, § 7120 Stat. 1535 (, , .)
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Historical and Revision Notes |
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Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
40701 | 46 App.:1708(a). | Pub. L. 98–237, § 9(a), Mar. 20, 1984, 98 Stat. 76; Pub. L. 102–100, § 5(a), Aug. 17, 1991, 105 Stat. 492; Pub. L. 105–258, title I, § 108(1)–(4), Oct. 14, 1998, 112 Stat. 1908. |