46 U.S.C. § 40702: Rate standards

In this section, 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. 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 the same as, or similar to, those published or assessed by other carriers in the same trade; required to ensure movement of particular cargo in the same trade; or required to maintain acceptable continuity, level, or quality of common carrier service to or from affected ports.