Page:United States Statutes at Large Volume 92 Part 2.djvu/327

 PUBLIC LAW 95-483—OCT. 18, 1978

92 STAT. 1607

Public Law 95-483 95th Congress An Act To provide for the regulation of rates or charges by certain state-owned carriers in the foreign commerce of the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Ocean S h i p p i n g Act of 1978". SEC. 2. The first section of the S h i p p i n g Act, 1916, as amended (46 U.S.C. 801), is further amended by inserting the following definition of the term "controlled carrier" immediately following the definition of the term "common carrier by w a t e r ": " The term 'controlled carrier' means a common carrier by water operating, offering, or proposing to offer service in the foreign commerce of the United States which carrier is or whose operating assets are directly or indirectly owned or controlled by the government under whose registry the vessels of the controlled carrier operate. Ownership or control by such government shall be deemed to exist if a majority portion of the interest in the carrier is owned or controlled in any manner by such government, by any agency of the government, or by any person, corporation, or entity controlled by such government. Ownership or control shall also be deemed to exist if the government has the r i g h t to appoint or disapprove the appointment of a majority of the directors or the chief operating or executive officer of the carrier". SEC. 3. Section 18 of the S h i p p i n g Act, 1916, as amended (46 U.S.C. 817), is further amended by adding at the end thereof, the following new subsection: " (c)(1) No controlled carrier subject to this Act shall maintain rates or charges in its tariffs filed with the Commission that are below a level which is just and reasonable, nor shall any such carrier establish or maintain unjust or unreasonable classifications, rules, or regulations in such tariffs. A n unjust or unreasonable classification, rule, or regulation means one which results or is likely to result in the carriage or handling of cargo at rates or charges which are below a level which is just and reasonable. The Commission *may at any time after notice and hearing, disapprove any rates, charges, classifications, rules, or regulations which the controlled carrier has failed to demonstrate to be just and reasonable. I n any proceeding under this subsection, the burden of proof shall be on the controlled carrier to demonstrate that its rates, charges, classifications, rules, or regulations are just and reasonable. Rates, charges, classifications, rules, or regulations filed by a controlled carrier which have been rejected, suspended, or disapproved by the Commission are void, and their use is unlawful. " (2) For the purpose of this subsection, in determining whether rates, charges, classifications, rules, or regulations by a controlled carrier are just and reasonable, the Commission may take into account a p p r o p r i a t e factors, including, but not limited to, whether: (i) the rates or charges which have been filed or which would result from the pertinent classifications, rules, or regulations are below a level which is fully compensatory to the controlled carrier based upon that carrier's

Oct. 18, 1978 [H.R. 9998] Ocean Shipping Act of 1978. 46 USC 842 note.

"Controlled carrier."

Notice and hearing.

�