22 U.S.C. § 3794: Procedures

Summary

The Commission must publish any proposed change to the Panama Canal’s measurement rules or toll rates in the Federal Register. It must explain the change, give a public hearing at least 30 days after that notice, and let people send written comments. When it publishes the notice, the Commission must also give a public analysis explaining why the change is needed. For toll changes, that analysis must show the rates follow section 3792 and that the Commission fully considered five factors: canal operating costs; how the Canal compares with other transport; U.S. and Panama interests in their domestic fleets; effects on different geographic areas in both countries; and the goal of supporting international trade. If the Commission changes its proposal and the new tolls are higher than the earlier proposal, it must issue a new analysis, publish a new Federal Register notice, and hold another hearing at least 30 days after that new notice. After all hearings and reviews, any final change must be published at least 30 days before it takes effect. Court challenges are allowed under chapter 7 of title 5.

Title 22, §3794

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(a)Publication of notice of proposed changes in rules of measurement and rates of tolls in Federal Register; participation by interested parties; availability of analysis

The Commission shall publish in the Federal Register notice of any proposed change in the rules of measurement or rates of tolls referred to in section 3791 of this title. The Commission shall give interested parties an opportunity to participate in the proceedings through submission of written data, views, or arguments, and participation in a public hearing to be held not less than 30 days after the date of publication of the notice. The notice shall include the substance of the proposed change and a statement of the time, place, and nature of the proceedings. At the time of publication of such notice, the Commission shall make available to the public an analysis showing the basis and justification for the proposed change, which, in the case of a change in rates of tolls, shall indicate the conformity of the existing and proposed rates of tolls with the requirements of section 3792 of this title, and the Commission’s adherence to the requirement for full consideration of the following factors set forth in Understanding (1) incorporated in the Resolution of Ratification of the Treaty Concerning the Permanent Neutrality and Operation of the Panama Canal (adopted by the United States Senate on March 16, 1978):

(1)the costs of operating and maintaining the Panama Canal;

(2)the competitive position of the use of the Canal in relation to other means of transportation;

(3)the interests of the United States and the Republic of Panama in maintaining their domestic fleets;

(4)the impact of such a change in rates of tolls on the various geographical areas of each of the two countries; and

(5)the interests of both countries in maximizing their international commerce.

(b)Revision of proposed rules of measurement or rates of tolls

After consideration of the relevant matter presented, the Commission may revise the proposed rules of measurement or rates of tolls, as the case may be, except that, in the case of rates of tolls, if such revision proposes rates greater than those originally proposed, a new analysis of the proposed rates shall be made available to the public, and a new notice of the revised proposal shall be published in the Federal Register apprising interested persons of the opportunity to participate further in the proceedings through submission of written data, views, or arguments, and participation in a public hearing to be held not less than 30 days after the date of publication of the new notice. The procedure set forth in this subsection shall be followed for any subsequent revision of the proposed rates of tolls by the Commission which proposes rates higher than those in the preceding proposal.

(c)Publication of notice of changes in rules of measurement and rates of tolls in Federal Register

After the proceedings have been conducted pursuant to subsections (a) and (b), the Commission may change the rules of measurement or rates of tolls, as the case may be. The Commission shall publish notice of any such change in the Federal Register not less than 30 days before the effective date of the change.

(d)Judicial review

Action to change the rules of measurement for the Panama Canal or the rates of tolls for the use of the Canal pursuant to this part shall be subject to judicial review in accordance with chapter 7 of title 5.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Subsec. (a). Pub. L. 104–106, § 3528(1), substituted “3791” for “3791(a)”. Subsec. (c). Pub. L. 104–106, § 3528(2), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “After the proceedings have been conducted pursuant to subsections (a) and (b) of this section, the Commission shall publish in the Federal Register a notice of the changes in the rules of measurement or rates of tolls, as the case may be, to be recommended to the President.” Subsec. (d). Pub. L. 104–106, § 3528(3), redesignated subsec. (f) as (d) and struck out former subsec. (d) which read as follows: “Upon publication of the notice pursuant to subsection (c) of this section, the Commission shall forward a complete record of the proceedings, with the recommendation of the Commission, to the President for his consideration. The President may approve, disapprove, or modify any or all of the changes in the rules of measurement or rates of tolls recommended by the Commission.” Subsec. (e). Pub. L. 104–106, § 3528(3), struck out subsec. (e) which read as follows: “Rules of measurement or rates of tolls prescribed by the President pursuant to this part shall take effect on a date prescribed by the President which is not less than 30 days after the President publishes such rules or rates in the Federal Register.” Subsec. (f). Pub. L. 104–106, § 3528(3), redesignated subsec. (f) as (d).

§3794 Procedures

Summary

Title 22, §3794

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata