46 U.S.C. § 40702

1. (a)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.
2. (b)In determining whether a rate, charge, classification, rule, or regulation of a controlled carrier is just and reasonable, the Federal Maritime Commission—
   1. (1)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
   2. (2)may take into account other appropriate factors, including whether the rate, charge, classification, rule, or regulation is—
      1. (A)the same as, or similar to, those published or assessed by other carriers in the same trade;
      2. (B)required to ensure movement of particular cargo in the same trade; or
      3. (C)required to maintain acceptable continuity, level, or quality of common carrier service to or from affected ports.