(1) shall take into account whether the rate or charge that has been published or assessed, or that would result from the pertinent classification, rule, or regulation, is below a level that is fully compensatory to the controlled carrier based on the carrier's actual costs or constructive costs; and
(2) may take into account other appropriate factors, including whether the rate, charge, classification, rule, or regulation is—
(A) the same as, or similar to, those published or assessed by other carriers in the same trade;
(B) required to ensure movement of particular cargo in the same trade; or
(C) required to maintain acceptable continuity, level, or quality of common carrier service to or from affected ports.
|Source (U.S. Code)||Source (Statutes at Large)|
|40702||46 App.:1708(b).||Pub. L. 98–237, §9(b), Mar. 20, 1984, 98 Stat. 76; Pub. L. 105–258, title I, §108(5)–(7), Oct. 14, 1998, 112 Stat. 1908.|
Disclaimer: Lawrina maintains this website to enhance public access to information about its activities. We make an effort to keep the information about codes timely and accurate. Please note that we cannot guarantee that the U.S.C, Title 46, Section 40702 — Rate standards — exactly reproduces the officially adopted text.