§42104 — Title 46 Shipping | U.S. Code

Summary

The Federal Maritime Commission can order any person or company involved in ocean shipping (for example, carriers, shippers, terminals, intermediaries, and their officers or agents) to file reports, answer questions, or turn over documents and other information needed under section 42101. The Commission can require answers under oath and set the form and deadline. It can subpoena witnesses and evidence and allow depositions, written questions, and other discovery similar to the Federal Rules of Civil Procedure. Witnesses get the same fees and travel pay as in U.S. courts, unless law or funding says otherwise. If someone fails to give required information, the Commission, after notice and a hearing, can suspend a carrier’s tariffs or service contracts or charge a civil penalty of up to $5,000 for each day the information is not provided. The Commission can also ask a U.S. district court to enforce its orders, and the court must enforce them if it finds the order was properly issued.

Title 46, §42104

Shipping — Source: USLM XML via OLRC

(a)In carrying out section 42101 of this title, the Federal Maritime Commission may order any person (including a common carrier, tramp operator, bulk operator, shipper, shippers’ association, ocean transportation intermediary, or marine terminal operator, or an officer, receiver, trustee, lessee, agent, or employee thereof) to file with the Commission a report, answers to questions, documentary material, or other information the Commission considers necessary or appropriate. The Commission may require the response to any such order to be made under oath. The response shall be provided in the form and within the time specified by the Commission.

(b)In carrying out section 42101 of this title, the Commission may—

(1)subpoena witnesses and evidence; and

(2)authorize a party to use depositions, written interrogatories, and discovery procedures that, to the extent practicable, conform to the Federal Rules of Civil Procedure (28 App. U.S.C.).

(c)Unless otherwise prohibited by law, and subject to funds being appropriated, a witness in a proceeding under section 42101 of this title is entitled to the same fees and mileage as in the courts of the United States.

(d)For failure to supply information ordered to be produced or compelled by subpoena under this section, the Commission may—

(1)after notice and opportunity for a hearing, suspend tariffs and service contracts of a common carrier or the common carrier’s right to use tariffs of conferences and service contracts of agreements of which it is a member; or

(2)assess a civil penalty of not more than $5,000 for each day that the information is not provided.

(e)If a person does not comply with an order or subpoena of the Commission under this section, the Commission may seek enforcement in a district court of the United States having jurisdiction over the parties. If, after hearing, the court determines that the order or subpoena was regularly made and duly issued, the court shall enforce the order or subpoena.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 42104(a)46 App.:876(f)(1)–(3).June 5, 1920, ch. 250, § 19(f), (g); as added Pub. L. 101–595, title I, § 103(2), Nov. 16, 1990, 104 Stat. 2979; Pub. L. 102–587, title VI, § 6205(b)(2), Nov. 4, 1992, 106 Stat. 5094; Pub. L. 105–258, title III, § 301, Oct. 14, 1998, 112 Stat. 1915. 42104(b)46 App.:876(g)(1), (2). 42104(c)46 App.:876(g)(3). 42104(d)46 App.:876(f)(4), (g)(4). 42104(e)46 App.:876(g)(5). In subsections (a) and (b), the words “In carrying out” are substituted for “In furtherance of the purposes of” and “In proceedings under” for clarity and consistency. In subsection (b)(1), the words “subpoena witnesses and evidence” are substituted for “by subpoena compel the attendance of witnesses and the production of books, papers, documents, and other evidence” for consistency in the revised title and to eliminate unnecessary words. In subsection (b)(2), the words “conform to the Federal Rules of Civil Procedure (28 App. U.S.C.)” are substituted for “are in conformity with the rules applicable in civil proceedings in the district courts of the United States” for clarity. In subsection (d)(2), the penalties from 46 App. U.S.C. 876(f)(4) and (g)(4)(B) are combined because they are redundant. In subsection (e), the words “by an appropriate injunction or other process, mandatory or otherwise” are omitted as unnecessary.

§42104 Information, Witnesses, and Evidence

Summary

Title 46, §42104

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata