政策法规现行有效美国海运规则

§ 565.9 Commission review, suspension and prohibition of rates, charges, classifications, rules or regulations.

效力	法规类型	发布日期	生效日期	发文机构
现行有效	部门规章	2017-06-01	2017-06-01	Code of Federal Regulations (CFR) - Shipping (Title 46)

发布06-01

生效06-01

摘要总结AI 辅助解读

本法规确立了美国联邦海事委员会（FMC）对“受控承运人”（controlled carrier，通常指国家拥有或控制的航运公司）运价及规则的审查机制。核心规定包括：受控承运人在收到FMC要求后20天内须提交运价合理性说明；FMC在收到信息后120天内作出裁定。若运价低于完全补偿成本或非公正合理，FMC可暂停或禁止该运价，举证责任在于承运人。使用被禁止的运价属违法行为。

(a)(1) Request for justification. Within 20 days of a request (with respect to its existing or proposed rates, charges, classifications, rules or regulations) from the Commission, each controlled carrier shall file a statement of justification that sufficiently details the controlled carrier's need and purpose for such rates, charges, classifications, rules or regulations upon which the Commission may reasonably base its determination of the lawfulness thereof.

- (2) Rate standards. (i) In determining whether rates, charges, classifications, rules or regulations by a controlled carrier are just and reasonable, the Commission shall take into account whether the rates or charges which have been published or assessed or which would result from the pertinent rates, charges, classifications, rules or regulations are below a level which is fully compensatory to the controlled carrier based upon that carrier's actual or constructive costs.

- (ii) For the purposes of paragraph (a)(2)(i) of this section, constructive costs means the costs of another carrier, other than a controlled carrier, operating similar vessels and equipment in the same or a similar trade.

- (iii) The Commission may also take into account other appropriate factors, including, but not limited to, whether:

(A) The rates, charges, classifications, rules or regulations are the same as or similar to those published or assessed by other carriers in the same trade;
(B) The rates, charges, classifications, rules or regulations are required to assure movement of particular cargo in the trade; or
(C) The rates, charges, classifications, rules or regulations are required to maintain acceptable continuity, level or quality of common carrier service to or from affected ports.

- (3) Time for determination. The Commission shall determine within 120 days of the receipt of information requested by the Commission under this section, whether the rates, charges, classifications, rules or regulations of a controlled carrier may be unjust and unreasonable. Whenever the Commission is of the opinion that the rates, charges, classifications, rules or regulations 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 those rates, charges, classifications, rules or regulations should not be prohibited.

(b) Suspension. Pending a decision on whether to prohibit the rates, charges, classifications, rules or regulations of a controlled carrier, the Commission may suspend the rates, charges, classifications, rules or regulations. See § 565.10.
(c) Prohibition. The Commission shall prohibit the use of any rates, charges, classifications, rules or regulations that the controlled carrier has failed to demonstrate to be just and reasonable. In a proceeding under this paragraph, the burden of proof is on the controlled carrier to demonstrate that its rates, charges, classifications, rules or regulations are just and reasonable. The use of rates, charges, classifications, rules or regulations published or assessed by a controlled carrier that have been suspended or prohibited by the Commission is unlawful.
(d) Publication. All final orders of prohibition shall be published in the Federal Register.