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46 U.S.C. § 40704Commission review

submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 332 words · no verdicts yet

in plain englishAI-generated · not legal advice

If the Commission asks, a carrier must justify its rate within 20 days. The Commission then decides within 120 days if the rate seems unfair. It can order a hearing and suspend the rate for up to 180 days.

(a) Request for Justification: If the Commission asks, a controlled carrier must, within 20 days, file a statement justifying an existing or proposed rate, charge, classification, rule, or regulation -- detailed enough for the Commission to reasonably judge whether it's lawful. (b) Determination: Within 120 days of getting that justification, the Commission must decide whether the rate, charge, classification, rule, or regulation might be unjust and unreasonable. (c) Show Cause Order: If the Commission believes a controlled carrier's published or charged rate, charge, classification, rule, or regulation might be unjust and unreasonable, it must order the carrier to show cause why it shouldn't be banned. (d) Suspension Pending Determination (1) Not yet effective: While that proceeding is pending, the Commission can suspend the rate, charge, classification, rule, or regulation any time before it takes effect. (2) Already effective: If it's already in effect, the Commission can suspend it -- once it issues a show-cause order -- with at least 30 days' notice to the carrier. (3) Maximum suspension: A suspension can't last more than 180 days. (e) Replacement During Suspension: While a rate, charge, classification, rule, or regulation is suspended, the carrier may publish a new one to take effect right away in its place -- but the Commission can reject the replacement if it believes that one is also unjust and unreasonable.
the actual law source: uscode.house.gov ↗public domain
(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.

(c)Show Cause Order.—

Whenever the Commission is of the opinion that a rate, charge, classification, rule, or regulation published or assessed by a controlled carrier may be unjust and unreasonable, the Commission shall issue an order to the controlled carrier to show cause why the rate, charge, classification, rule, or regulation should not be prohibited.

(d)Suspension Pending Determination.—
(1)Not yet effective.—

Pending a determination of the lawfulness of a rate, charge, classification, rule, or regulation in a proceeding under subsection (c), the Commission may suspend the rate, charge, classification, rule, or regulation at any time before its effective date.

(2)Already effective.—

If a rate, charge, classification, rule, or regulation has already become effective, the Commission, on issuance of an order to show cause, may suspend the rate, charge, classification, rule, or regulation on at least 30 days’ notice to the controlled carrier.

(3)Maximum suspension.—

A period of suspension under this subsection may not exceed 180 days.

(e)Replacement During Suspension.—

Whenever the Commission has suspended a rate, charge, classification, rule, or regulation under this section, the controlled carrier may publish a new rate, charge, classification, rule, or regulation to take effect immediately during the suspension in lieu of the suspended rate, charge, classification, rule, or regulation. However, the Commission may reject the new rate, charge, classification, rule, or regulation if the Commission believes it is unjust and unreasonable.

Source credit: (Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1536.)

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 109-304 · 120 Stat. 1536

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.

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