Title 46, ShippingRelease 119-110

§40701 Rates

Title 46 › Subtitle IV — Regulation of Ocean Shipping › Part A — Ocean Shipping › CHAPTER 407 — CONTROLLED CARRIERS › § 40701

Last updated Sep 22, 2026|Official source

Summary

A controlled carrier must not set or use prices, charges, or rules that make moving or handling cargo cost less than a fair and reasonable amount. This applies whether the price is in a published price list, in a service agreement, or charged directly, and it also covers rate categories or rules that would have the same effect. The Federal Maritime Commission can stop a carrier from publishing or using any price, charge, or rule if the carrier cannot show it is fair. The Commission must give notice and hold a hearing first. The carrier has to prove its rates are fair. Any price or rule the Commission suspends or bans is void and illegal to use.

Full Legal Text

Title 46, §40701

Shipping, Source: USLM XML via OLRC

(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.— (d) Voidness.—
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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 4070146 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.

Reference

Citations & Metadata

Citation

46 U.S.C. § 40701

Title 46, Shipping

Last Updated

Sep 22, 2026

Release point: 119-110