Investigations

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 413 - ENFORCEMENT Sec. 41302 - Investigations From the U.S. Government Publishing Office, www.gpo.gov

§41302. Investigations

(a) In General.—The Federal Maritime Commission, on complaint or its own motion, may investigate any conduct 1 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) Effectiveness of Agreement, Fee, or Charge During Investigation.—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) Date for Decision.—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) Sanctions for Delay.—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) Report.—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.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1545; Pub. L. 117–146, §11(a), June 16, 2022, 136 Stat. 1278.)

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 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.

1 So in original. Probably should be followed by a comma.