Title 46ShippingRelease 119-73not60

§40304 Commission Action

Title 46 › Subtitle Subtitle IV— Regulation of Ocean Shipping › Part A— Ocean Shipping › Chapter 403— AGREEMENTS › § 40304

Last updated Apr 5, 2026|Official source

Summary

Within 7 days after an agreement is filed, the Federal Maritime Commission must send a notice to the Federal Register and ask interested people to send relevant information and documents. After a quick review, the Commission must reject any agreement that does not meet the rules in sections 40302 and 40303, and it must tell the filer in writing why it was rejected. If not rejected, an agreement (not an assessment agreement) becomes effective either on the 45th day after filing or on the 30th day after the Federal Register notice appears, whichever is later. If the Commission asks for more information before that time, the agreement starts 45 days after the Commission gets all the requested materials, or 45 days after it gets what was submitted plus a written explanation for any missing items. The Commission may ask for extra information before the waiting time ends. At the filer’s request the Commission may shorten the waiting time, but not to less than 14 days after the Federal Register notice. The waiting period tied to additional information may be extended only by the U.S. District Court for the District of Columbia in a civil action the Commission brings under section 41307(c). The Commission may not make an agreement effective only for a fixed term.

Full Legal Text

Title 46, §40304

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(a)Not later than 7 days after the date an agreement is filed, the Federal Maritime Commission shall—
(1)transmit a notice of the filing to the Federal Register for publication; and
(2)request interested persons to submit relevant information and documents.
(b)After preliminary review, the Commission shall reject an agreement that it finds does not meet the requirements of section 40302 and 40303 of this title. The Commission shall notify in writing the person filing the agreement of the reason for rejection.
(c)Unless rejected under subsection (b), an agreement (other than an assessment agreement) is effective—
(1)on the 45th day after filing, or on the 30th day after notice of the filing is published in the Federal Register, whichever is later; or
(2)if additional information or documents are requested under subsection (d)—
(A)on the 45th day after the Commission receives all the additional information and documents; or
(B)if the request is not fully complied with, on the 45th day after the Commission receives the information and documents submitted and a statement of the reasons for noncompliance with the request.
(d)Before the expiration of the period specified in subsection (c)(1), the Commission may request from the person filing the agreement any additional information and documents the Commission considers necessary to make the determinations required by this part.
(e)(1)On request of the party filing an agreement, the Commission may shorten a period specified in subsection (c), but not to a date that is less than 14 days after notice of the filing of the agreement is published in the Federal Register.
(2)The period specified in subsection (c)(2) may be extended only by the United States District Court for the District of Columbia in a civil action brought by the Commission under section 41307(c) of this title.
(f)The Commission may not limit the effectiveness of an agreement to a fixed term.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 40304(a)46 App.:1705(a).Pub. L. 98–237, § 6(a)–(f), Mar. 20, 1984, 98 Stat. 72. 40304(b)46 App.:1705(b). 40304(c)46 App.:1705(c) (1st sentence). 40304(d)46 App.:1705(d). 40304(e)(1)46 App.:1705(e). 40304(e)(2)46 App.:1705(c) (last sentence). 40304(f)46 App.:1705(f).

Editorial Notes

Amendments

2018—Subsec. (a). Pub. L. 115–282, § 706(a), amended subsec. (a) generally. Prior to amendment, text read as follows: “Within 7 days after an agreement is filed, the Federal Maritime Commission shall transmit a notice of the filing to the Federal Register for publication.” Subsec. (d). Pub. L. 115–282, § 706(b), substituted “part” for “section”.

Statutory Notes and Related Subsidiaries

Saving Clause Pub. L. 115–282, title VII, § 706(c), Dec. 4, 2018, 132 Stat. 4295, provided that: “Nothing in this section [amending this section], or the

Amendments

made by this section, may be construed— “(1) to prevent the Federal Maritime Commission from requesting from a person, at any time, any additional information or documents the Commission considers necessary to carry out chapter 403 of title 46, United States Code; “(2) to prescribe a specific deadline for the submission of relevant information and documents in response to a request under section 40304(a)(2) of title 46, United States Code; or “(3) to limit the authority of the Commission to request information under section 40304(d) of title 46, United States Code.”

Reference

Citations & Metadata

Citation

46 U.S.C. § 40304

Title 46Shipping

Last Updated

Apr 5, 2026

Release point: 119-73not60