Title 46, ShippingRelease 119-110

§41308 Enforcement of Subpoenas and Orders

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

Last updated Sep 22, 2026|Official source

Summary

When someone refuses to follow an order or subpoena from the Federal Maritime Commission, the Attorney General (if the Commission asks) or a harmed person can ask a U.S. district court that has authority over the people involved to make them comply. If the judge finds the order was properly issued, the court must enforce it. Any enforcement case must be started within 3 years after the date the order was violated.

Full Legal Text

Title 46, §41308

Shipping, Source: USLM XML via OLRC

(a)Civil Action.—
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)Time Limit on Bringing Actions.—
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

Sep 22, 2026

Release point: 119-110