§41302 — Title 46 Shipping | U.S. Code

Summary

The Federal Maritime Commission can investigate any conduct, agreement, fee, or charge it thinks breaks the rules in this part, either after a complaint or on its own. It can cancel, change, or reject any agreement that violates the rules. Unless a court injunction is issued under sections 41306 or 41307, the agreement, fee, or charge stays in effect while under investigation. Within 10 days of starting the case under this section or under section 41301, the Commission must set a date for its final decision and can extend that date for good cause. If a party causes unreasonable delay, the Commission can punish that party, including ruling against them. If a hearing was held, the Commission must write a report saying what it decided, the facts it found, and its orders, give the report to the parties, publish it, and that published report can be used as evidence in U.S. court.

Title 46, §41302

Shipping — Source: USLM XML via OLRC

(a)The Federal Maritime Commission, on complaint or its own motion, may investigate any conduct, agreement, fee, or charge that the Commission believes may be in violation of this part. The Commission may by order disapprove, cancel, or modify any agreement that operates in violation of this part.

(b)Unless an injunction is issued under section 41306 or 41307 of this title, an agreement, fee, or charge under investigation by the Commission remains in effect until the Commission issues its order.

(c)Within 10 days after the initiation of a proceeding under this section or section 41301 of this title, the Commission shall set a date by which it will issue its final decision. The Commission by order may extend the date for good cause.

(d)If, within the period for final decision under subsection (c), the Commission determines that it is unable to issue a final decision because of undue delay caused by a party to the proceeding, the Commission may impose sanctions, including issuing a decision adverse to the delaying party.

(e)The Commission shall make a written report of every investigation under this part in which a hearing was held, stating its conclusions, decisions, findings of fact, and order. The Commission shall provide a copy of the report to all parties and publish the report for public information. A published report is competent evidence in a court of the United States.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 41302(a)46 App.:1710(c) (1st, 3d sentences).Pub. L. 98–237, § 11(c)–(f), Mar. 20, 1984, 98 Stat. 80. 41302(b)46 App.:1710(c) (2d sentence). 41302(c)46 App.:1710(d). 41302(d)46 App.:1710(e). 41302(e)46 App.:1710(f).

Editorial Notes

Amendments

2024—Subsec. (a). Pub. L. 118–159 substituted “conduct, agreement” for “conduct agreement”. 2022—Subsec. (a). Pub. L. 117–146, § 11(a)(1), substituted “agreement, fee, or charge” for “or agreement”. Subsec. (b). Pub. L. 117–146, § 11(a)(2)(B), inserted “, fee, or charge” after “agreement”. Pub. L. 117–146, § 11(a)(2)(A), substituted “Agreement, Fee, or Charge” for “Agreement” in heading. Quoted text appearing in directory language was conformed to the style used in this title to reflect the probable intent of Congress.

§41302 Investigations