An Act to amend the Intercoastal Shipping Act, 1933, and for other purposes.

Summary

Amends the Intercoastal Shipping Act, 1933, to require water carriers to file general increases or decreases in rates with the Federal Maritime Commission 60 days before the effective date of such rate change. Defines general increase or decrease in rates as increases or decreases of 50 percent or more of the rate, fare, or charge items in the tariffs per trade of common carriers by water in intercoastal commerce which will result in increases or decreases in the gross revenues of such carrier of three percent or more. Prohibits the Commission from ordering hearings on the lawfulness of rate changes or practices on its own initiative unless it publishes the reasons for such a hearing in the Federal Register or upon protest unless the protestant has established that the proposed rate or practice may cause substantial injury to the protestant and that it is likely that the protestant will win on the merits. Requires the Commission to prescribe guidelines for the determination of what constitutes a just and reasonable rate of return for common carriers by water. Requires the Commission to complete such a hearing within 60 days and to issue a final decision within 180 days. Allows the Commission to extend such time period for an additional 60 days if three or more Commissioners agree to such an extension. Stipulates that if a final decision is not reached within this 180 day period or by the end of an extension period the proposed rate change or practice shall be deemed just and reasonable. Prohibits the Commission from suspending: (1) any tariff schedule or service which extends to any additional port at the rates of the carrier involved for similar service in effect at the nearest port of call to such port; or (2) the operation of that portion of any changed rate representing an increase or decrease of seven percent or less and filed as part of a general increase or decrease in rates. Stipulates that if the Commission finds that, with respect to a general increase in rates, any unsuspended portion of the increase in the carrier's operating revenues resulting from such increase is not just and reasonable, the Commission shall order the carrier involved to refund such increased costs plus interest to persons charged on the basis of such general increase.

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Documents

3 official files

• Public Law (PDF)

  Public Law · EN · 19 October 1978

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• Reported to House with amendment(s)

  summary · EN · 30 June 1977

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• Introduced in House

  summary · EN · 21 April 1977

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