§40104 — Title 46 Shipping | U.S. Code

Summary

The Federal Maritime Commission can require a common carrier or a marine terminal operator—or their officers, receivers, trustees, lessees, agents, or employees—to file reports, accounts, records, rates or charges, or written summaries about their business. If the Commission asks, those filings must be made under oath and must follow the form and deadlines the Commission sets. The Commission must keep each request no bigger than needed and give a reasonable time to reply based on who is responding and what is asked. Any meeting or conference minutes filed with the Commission cannot be shared with others or published.

Title 46, §40104

Shipping — Source: USLM XML via OLRC

(a)(1)The Federal Maritime Commission may require a common carrier or marine terminal operator, or an officer, receiver, trustee, lessee, agent, or employee of the common carrier or marine terminal operator to file with the Commission a periodical or special report, an account, record, rate, or charge, or a memorandum of facts and transactions related to the business of the common carrier or marine terminal operator, as applicable.

(2)Any report, account, record, rate, charge, or memorandum required to be filed under paragraph (1) shall—

(A)be made under oath if the Commission requires; and

(B)be filed in the form and within the time prescribed by the Commission.

(3)The Commission shall—

(A)limit the scope of any filing ordered under this section to fulfill the objective of the order; and

(B)provide a reasonable period of time for respondents to respond based upon their capabilities and the scope of the order.

(b)Conference minutes required to be filed with the Commission under this section may not be released to third parties or published by the Commission.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 4010446 App.:1714.Pub. L. 98–237, § 15, Mar. 20, 1984, 98 Stat. 84; Pub. L. 98–595, § 3(b)(3), Oct. 30, 1984, 98 Stat. 3133; Pub. L. 105–258, title I, § 113, Oct. 14, 1998, 112 Stat. 1912.

Editorial Notes

Amendments

2018—Subsec. (a). Pub. L. 115–282 amended subsec. (a) generally. Prior to amendment, text read as follows: “The Federal Maritime Commission may require a common carrier or an officer, receiver, trustee, lessee, agent, or employee of the carrier to file with the Commission a periodical or special report, an account, record, rate, or charge, or a memorandum of facts and transactions related to the business of the carrier. The report, account, record, rate, charge, or memorandum shall be made under oath if the Commission requires, and shall be filed in the form and within the time prescribed by the Commission.”

§40104 Reports filed with the Commission