Title 46 — ShippingRelease 119-73not60
§41308 Enforcement of Subpoenas and Orders
Title 46 › Subtitle Subtitle IV— Regulation of Ocean Shipping › Part A— Ocean Shipping › Chapter 413— ENFORCEMENT › § 41308
Summary
The U.S. Attorney General (if the Federal Maritime Commission asks) or a person harmed can ask a federal district court to make someone follow a Commission subpoena or order that was ignored. If the court finds the Commission properly issued it, the court must enforce it. The request must be filed within 3 years after the order was broken.
Full Legal Text
Title 46, §41308
Shipping — Source: USLM XML via OLRC
(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 46 — Shipping
Last Updated
Apr 5, 2026
Release point: 119-73not60