Title 46ShippingRelease 119-73

§41308 Enforcement of subpoenas and orders

Title 46 › Subtitle Subtitle IV— - Regulation of Ocean Shipping › Part Part A— - Ocean Shipping › Chapter CHAPTER 413— - ENFORCEMENT › § 41308

Last updated Apr 6, 2026|Official source

Summary

If someone disobeys a Federal Maritime Commission order or subpoena, the Attorney General (if asked) or an injured person can go to a district court to make them follow it. The court must enforce the demand if it was properly issued. The case must be filed within 3 years.

Full Legal Text

Title 46, §41308

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(a)If a person does not comply with a subpoena or order of the Federal Maritime Commission, the Attorney General, at the request of the Commission, or an injured party, may seek enforcement in a district court of the United States having jurisdiction over the parties. If, after hearing, the court determines that the subpoena or order was regularly made and duly issued, the court shall enforce the subpoena or order.
(b)An action under this section to enforce an order of the Commission must be brought within 3 years after the date the order was violated.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 41308(a)46 App.:1713(c).Pub. L. 98–237, § 14(c), (e), Mar. 20, 1984, 98 Stat. 83, 84. 41308(b)46 App.:1713(e). In subsection (a), the words “subpoena or” are added in the second sentence for consistency in the subsection. The words “by an appropriate injunction or other process, mandatory or otherwise” are omitted as unnecessary. The words “regularly made and duly issued” are substituted for “properly made and duly issued” for consistency in the subtitle.

Reference

Citations & Metadata

Citation

46 U.S.C. § 41308

Title 46Shipping

Last Updated

Apr 6, 2026

Release point: 119-73