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US CodeTitle 46Chapter 407§ 40701

§ 40701

Rates

46 U.S.C. § 40701.
2 min read
((a)) ** .—** 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)) ** .—** 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)) ** .—** 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)) ** .—** A rate, charge, classification, rule, or regulation that has been suspended or prohibited by the Commission is void and its use is unlawful.

Release: pl-119-73not60 (2026-01-23)

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§ 40702