46 U.S.C. § 40501 — General rate and tariff requirements

(a) Automated Tariff System

(1) In general: Every common carrier^* and shipping conference^* must keep an automated tariff system open to the public, showing all its rates, charges, cargo classifications, rules, and practices -- for its own routes and any established through-routes. A carrier doesn't have to break out or reveal the inland portion^* of a through rate^*.

(2) Exceptions: This doesn't apply to bulk cargo^*, forest products^*, recycled metal scrap, new assembled motor vehicles, waste paper, or paper waste.

(b) Contents of Tariffs: A tariff must: state^* where cargo will be carried; list every cargo classification used; state how much (if anything) any ocean freight forwarder^* is paid by the carrier or conference; separately list each terminal or other charge, privilege, or facility the carrier or conference controls, and any rule that changes or affects rates or charges; include sample copies of any bill of lading, contract of carriage, or similar document; and include copies of any loyalty contract^* (without the shipper's name).

(c) Electronic Access: A tariff must be available electronically to anyone, without time or quantity limits, from remote locations. A reasonable fee can be charged for access -- except federal agencies can't be charged at all.

(d) Time-Volume Rates: A tariff rate can change based on how much cargo is offered over a set period of time.

(e) Effective Dates

(1) Increases: A new or higher rate can't take effect earlier than 30 days after it's published -- unless the Federal Maritime Commission allows it sooner for good cause.

(2) Decreases: A rate cut can take effect as soon as it's published.

(f) Marine Terminal Operator^* Schedules: A marine terminal operator can publish a public schedule of its rates, rules, and practices -- including limits on its liability for lost or damaged cargo. Once published, a court can enforce that schedule as an implied contract, even if someone didn't actually know its terms.

(g) Regulations

(1) In general: The Commission must write regulations on how accessible and accurate these automated tariff systems must be, and after reviewing them periodically, may ban any system that doesn't meet those requirements.

(2) Remote terminals: The Commission can't force a carrier to provide a remote terminal for electronic access.

(3) Marine terminal operator schedules: The Commission must write regulations on the form and manner marine terminal operators use to publish their schedules.