Page:United States Statutes at Large Volume 92 Part 2.djvu/216

 92 STAT. 1496

Refunds.

46 USC 821.

Effective date. 46 USC 843 note.

PUBLIC LAW 95-475—OCT. 18, 1978 (5) by adding at the end thereof the following new subsection: "(c)(1) Notwithstanding any olher provision of this section, the Commission may not suspend— "(A) any tariff scliedule or service which extends to any additional port, actual service at the rates of the carrier involved for similar service already in effect at the nearest port of call to such additional port; or "(B) the operation of that portion of any changed rate, fare, or charge representing an increase or decrease of 5 per centum or less and filed as part of a general increase in rates or a general decrease in rates, except that the aggregate of such changes exempt from suspension shall not exceed 5 per centum during any period of twelve consecutive months; nothing in this subparagraph shall be construed as establishing a presumption that any increase or decrease in excess of 5 per centum is not just and reasonable, or that any increase or decrease less than 5 per centum is just and reasonable. "(2) If the Commission finds, as a result of any proceeding under this section with respect to a general increase in rates, that any unsuspended portion of the increase is not just and reasonable, the Commission shall order the carrier involved to refund to any person who was charged on the basis of such general increase an amount equal to that portion thereof found to be not just and reasonable plus interest on such amount computed on the basis of the average of the prime rate charged by major banks, as published by the Board of Governors of the Federal Reserve System, during the period to which the refund applies.". SEC. 4. Section 4 of the Intercoastal Shipping Act, 19.33 (46 ILS.C. 845a) is amended by changing the period at the end thereof to a colon, and inserting thereafter the following: '•'•Provided further, That upon such finding of unjustness or unreasonableness in a proceeding instituted by a complainant pursuant to the provisions of section 22 of the Shipping Act, 1916, the Commission shall direct full reparation to the complainant of the difference between the charge collected and the just and reasonable rate, fare, or charge, plus interest on such amount computed on the basis of the average of the prime rate charged by major banks, as published by the Board of Governors of the Federal Reserve System, during the period to which the reparation applies.". SEC. 5. This Act shall take effect ninety days after enactment. Approved October 18, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-474 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 95-1240 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 124 (1978): May 8, considered and passed House. Oct. 3, considered and passed Senate.

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