46 USC § 40701 - Rates

---
identifier: "/us/usc/t46/s40701"
source: "usc"
legal_status: "official_legal_evidence"
title: "46 USC § 40701 - Rates"
title_number: 46
title_name: "SHIPPING"
section_number: "40701"
section_name: "Rates"
chapter_number: 407
chapter_name: "CONTROLLED CARRIERS"
part_number: "A"
part_name: "Ocean Shipping"
positive_law: true
currency: "119-84"
last_updated: "2026-03-26"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1535.)"
---


# § 40701. Rates

**(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.—** 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.

**(d)** **Voidness.—** A rate, charge, classification, rule, or regulation that has been suspended or prohibited by the Commission is void and its use is unlawful.

---

**Source Credit**: (Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1535.)

| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 40701 | 46 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. |