Page:United States Statutes at Large Volume 120.djvu/1567

 120 STAT. 1536

PUBLIC LAW 109–304—OCT. 6, 2006

‘‘(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. ‘‘§ 40702. Rate standards ‘‘(a) DEFINITION.—In this section, the term ‘constructive costs’ means the costs of another carrier, other than a controlled carrier, operating similar vessels and equipment in the same or a similar trade. ‘‘(b) STANDARDS.—In determining whether a rate, charge, classification, rule, or regulation of a controlled carrier is just and reasonable, the Federal Maritime Commission— ‘‘(1) shall take into account whether the rate or charge that has been published or assessed, or that would result from the pertinent classification, rule, or regulation, is below a level that is fully compensatory to the controlled carrier based on the carrier’s actual costs or constructive costs; and ‘‘(2) may take into account other appropriate factors, including whether the rate, charge, classification, rule, or regulation is— ‘‘(A) the same as, or similar to, those published or assessed by other carriers in the same trade; ‘‘(B) required to ensure movement of particular cargo in the same trade; or ‘‘(C) required to maintain acceptable continuity, level, or quality of common carrier service to or from affected ports. ‘‘§ 40703. Effective date of rates ‘‘Notwithstanding section 40501(e) of this title and except for service contracts, a rate, charge, classification, rule, or regulation of a controlled carrier may not become effective, without special permission of the Federal Maritime Commission, until the 30th day after publication.

Deadline.

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VerDate 14-DEC-2004

13:05 Jul 12, 2007

‘‘§ 40704. Commission review ‘‘(a) REQUEST FOR JUSTIFICATION.—On request of the Federal Maritime Commission, a controlled carrier shall file with the Commission, within 20 days of the request, a statement of justification that sufficiently details the carrier’s need and purpose for an existing or proposed rate, charge, classification, rule, or regulation and upon which the Commission may reasonably base a determination of its lawfulness. ‘‘(b) DETERMINATION.—Within 120 days after receipt of information requested under subsection (a), the Commission shall determine whether the rate, charge, classification, rule, or regulation may be unjust and unreasonable.

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