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46 U.S.C. 40701: RatesText contains those laws in effect through Public Law 119-120 (October 7, 2026).
From Title 46-SHIPPINGCHAPTER 407-CONTROLLED CARRIERS

§40701. Rates

(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 .)

Historical and Revision Notes

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.