Statutory Text

46 U.S.C. § 40305 — Assessment agreements

U.S.C. Title 46 - SHIPPING 46 U.S.C. United States Code, 2023 Edition Title 46 - SHIPPING Subtitle IV - Regulation of Ocean Shipping Part A - Ocean Shipping CHAPTER 403 - AGREEMENTS Sec. 40305 - Assessment agreements From the U.S. Government Publishing Office, www.gpo.gov

§40305. Assessment agreements

(a) Filing Requirement.—An assessment agreement shall be filed with the Federal Maritime Commission and is effective on filing. (b) Complaints.—If a complaint is filed with the Commission within 2 years after the date of an assessment agreement, the Commission shall disapprove, cancel, or modify the agreement, or an assessment or charge pursuant to the agreement, that the Commission finds, after notice and opportunity for a hearing, to be unjustly discriminatory or unfair as between carriers, shippers, or ports. The Commission shall issue its final decision in the proceeding within one year after the date the complaint is filed. (c) Adjustments of Assessments and Charges.—To the extent that the Commission finds under subsection (b) that an assessment or charge is unjustly discriminatory or unfair as between carriers, shippers, or ports, the Commission shall adjust the assessment or charge for the period between the filing of the complaint and the final decision by awarding prospective credits or debits to future assessments and charges. However, if the complainant has ceased activities subject to the assessment or charge, the Commission may award reparations.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1531.)

Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large)

40305 46 App.:1704(e) (less last sentence). Pub. L. 98–237, §5(e) (less last sentence), Mar. 20, 1984, 98 Stat. 70; Pub. L. 105–258, title I, §104(a)(2), (b)(1), Oct. 14, 1998, 112 Stat. 1904, 1905.

Source: uscode.house.gov — public domain Official Source ↗

Root-LD Entity Data

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Federation ID

BS-USC46-SEC-E6D7A8

Entity Class

STATUTE / FEDERAL-CODE-SECTION

Domain Signature

boisestandard.org

Citation

46 U.S.C. § 40305

Jurisdiction

Federal — United States

Status

✓ ACTIVE

Source

PRIMARY-SOURCE

Source Verified

✓ TRUE

Content Hash

4fffe377a5443171...

Semantic Edges

Pending — corpus passes queued

The statutory text of 46 U.S.C. § 40305 is reproduced from the official United States Code as published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov).

Navigate Corpus — Title 46

← 46 U.S.C. § 40304 46 U.S.C. § 40306 →

Ch. 403 — AGREEMENTS

46 U.S.C. § 40301 46 U.S.C. § 40302 46 U.S.C. § 40303 46 U.S.C. § 40304 46 U.S.C. § 40305 46 U.S.C. § 40306 46 U.S.C. § 40307

46 U.S.C. — public domain ← All Legislation