Page:United States Statutes at Large Volume 92 Part 2.djvu/214

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PUBLIC LAW 95-000—MMMM. DD, 1978

92 STAT. 1494

PUBLIC LAW 95-475—OCT. 18, 1978

Public Law 95-475 95th Congress An Act Oct. 18. 1978 [H.R. 6503] Intercoastal Shipping Act, 1933, amendment. "General increase in rates."

"General decrease in rates."

Hearing. Publication in Federal Register. Guidelines.

To amend the Intercoastal

Shipping Act, 1933, and for other

purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first section of the Intercoastal Shipping Act, 1933 (46 U.S.C. 843), is amended by inserting " (1) " immediately before "The term"; and by adding at the end thereof the following: "(2) The term 'general increase in rates' means any change in rates, fares, or charges which will (A) result in an increase in not less than 60 per centum of the total rate, fare, or charge items in the tariffs per trade of any common carrier by water in intercoastal commerce; and (B) directly result in an increase in gross revenues of such carrier for the particular trade of not less than 3 per centum. " (3) The term 'general decrease in rates' means any change in rates, fares, or charges which will (A) result in a decrease in not less than 50 per centum of the total rate, fare, or charge items in the tariffs per trade of any common carrier by water in intercoastal commerce; and (B) directly result in a decrease in gross revenue of such carrier for the particular trade of not less than 3 per centum.". SEC. 2. The second paragraph of section 2 of the Intercoastal Shipping Act, 1933 (46 U.S.C. 844), is amended— (1) by striking out ''Provided, and inserting in lieu thereof the following: 'Provided, That no general increase in rates or general decrease in rates shall take effect before the close of the sixtieth day after the day on which such general increase in rates or general decrease in rates is posted and filed with the Commission: Provided further,; and (2) by inserting "or sixty days" immediately after "thirty days" in the second proviso thereto. SEC. 3. Section 3 of the Intercoastal Shipping Act, 1933 (46 U.S.C. 845), is amended— (1) by inserting " (a) " immediately before "Whenever" at the beginning of the first paragraph thereof; (2) by amending subsection (a) (as so designated by paragraph (1)) by— (A) striking out "complaint" each place it appears therein and inserting in lieu thereof "protest"; (B) striking out the colon after "practice" and inserting in lieu thereof a period; and (C) striking out the proviso and inserting in lieu thereof the following: "The Commission shall not order a hearing pursuant to this subsection, on its own motion or upon protest, unless the Commission publishes in the Federal Register the reasons, in detail, why it considers such a hearing to be necessary and the specific issues to be resolved by such hearing. For purposes of facilitating the administration of this Act, the Commission shall, within one year after the effective date of this sentence, by regulation prescribe guidelines for the determination of what constitutes a just and reasonable rate of return or profit for common carriers by water in intercoastal commerce. After the regula-