112 STAT. 1908
Any such schedule made available to the public shall be enforceable by an appropriate court as an implied contract without proof of actual knowledge of its provisions.".
46 USC app. 1707.
(f) AUTOMATED TARIFF SYSTEM REQUIREMENTS; FORM. - Section 8 of that Act is amended by adding at the end the following:
"(g) REGULATIONS. - The Commission shall by regulation prescribe the requirements for the accessibility and accuracy of automated tariff systems established under this section. The Commission may, after periodic review, prohibit the use of any automated tariff system that fails to meet the requirements established under this section. The Commission may not require a common carrier to provide a remote terminal for access under subsection (a)(2). The Commission shall by regulation prescribe the form and manner in which marine terminal operator schedules authorized by this section shall be published.".
Publication.
SEC. 107. AUTOMATED TARIFF FILING AND INFOMATION SYSTEM.
Section 502 of the High Seas Driftnet Fisheries Enforcement Act (46 U.S.C. App. 1707a) is repealed.
SEC. 108. CONTROLLED CARRIERS.
Section 9 of the Shipping Act of 1984 (46 U.S.C. App. 1708) is amended by -
(1) striking "service contracts filed with the Commission" in the first sentence of subsection (a) and inserting "service contracts, or charge or assess rates,":
(2) striking "or maintain" in the first sentence of subsection (a) aud inserting "maintain, or enforce";
(3) striking "disapprove" in the third sentence of subsection (a) and inserting "prohibit the publication or use of"; and
(4) striking "filed by a controlled carrier that have been rejected, suspended, or disapproved by the Commission" in the last sentence of subsection (a) and inserting "that have been suspended or prohibited by the Commission";
(5) striking "may take into account appropriate factors including, but not limited to, whether - "in subsection (b) and inserting "shall take into account whether the rates or charges which have been published or assessed or which would result from the pertinent classifications, rules, or regulations are below a level which is fully compensatory to the controlled carrier based upon that carrier's actual costs or upon its constructive costs. For purposes of the preceding sentence, the term '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. The Commission may also take into account other appropriate factors, including but not limited to, whether - ";
(6) striking paragraph (1) of subsection (b) and redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively;
(7) striking "filed" in paragraph (1) as redesignated and inserting "published or assessed";
(8) striking "filing with the Commission." in subsection (c) and inserting "publication.";
Deadline.
(9) striking "DISAPPROVAL OF RATES, - " in subsection (d) and inserting "PROHIBITION OF RATES. - Within 120 days after the receipt of information requested by the Commission under this section, the Commission shall determine whether the rates, charges, classifications, rules, or regulations of a controlled carrier may be unjust and unreasonable.";
