### §46105. Regulations

(a) In General.—The Federal Maritime Commission may prescribe regulations to carry out its duties and powers.

(b) Transparency.—

(1) In general.—In conjunction with the transmittal by the President to the Congress of the Budget of the United States for fiscal year 2021 and biennially thereafter, the Federal Maritime Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives reports that describe the Commission's progress toward addressing the issues raised in each unfinished regulatory proceeding, regardless of whether the proceeding is subject to a statutory or regulatory deadline.

(2) Format of reports.—Each report under paragraph (1) shall, among other things, clearly identify for each unfinished regulatory proceeding—

(A) the popular title;

(B) the current stage of the proceeding;

(C) an abstract of the proceeding;

(D) what prompted the action in question;

(E) any applicable statutory, regulatory, or judicial deadline;

(F) the associated docket number;

(G) the date the rulemaking was initiated;

(H) a date for the next action; and

(I) if a date for the next action identified in the previous report is not met, the reason for the delay.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1489, §305; renumbered §46105 and amended Pub. L. 116–283, div. G, title LVXXXVI [LXXXVI], §§8603, 8605(a)(3), Jan. 1, 2021, 134 Stat. 4761, 4765.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 305 | 46 App.:1111(c) (related to rules and regulations). | June 29, 1936, ch. 858, title II, §201(c) (related to rules and regulations), 49 Stat. 1986. |
| | 46 App.:1716. | Pub. L. 98–237, §17, Mar. 20, 1984, 98 Stat. 84. |

Section

The words "to carry out its duties and powers" are substituted for "in regard to its procedure and the conduct of its business" in 46 App. U.S.C. 1111(c) and "to carry out this chapter" in 46 App. U.S.C. 1716(a) for consistency in the revised title. The text of 46 App. U.S.C. 1716(b) is omitted as executed and obsolete.

#### **Editorial Notes**

#### Amendments

2021—Pub. L. 116–283, §8605(a)(3), renumbered section 305 of this title as this section.

Pub. L. 116–283, §8603, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

#### **Statutory Notes and Related Subsidiaries**

#### Transparency in Unfinished Regulatory Proceedings

Pub. L. 115–282, title VII, §712, Dec. 4, 2018, 132 Stat. 4298, provided that:

"(a) In General.—Beginning not later than 60 days after the date of enactment of this Act [Dec. 4, 2018], the Federal Maritime Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives biannual reports that describe the Commission's progress toward addressing the issues raised in each unfinished regulatory proceeding, regardless of whether the proceeding is subject to a statutory or regulatory deadline.

"(b) Format of Reports.—Each report under subsection (a) shall, among other things, clearly identify for each unfinished regulatory proceeding—

"(1) the popular title;

"(2) the current stage of the proceeding;

"(3) an abstract of the proceeding;

"(4) what prompted the action in question;

"(5) any applicable statutory, regulatory, or judicial deadline;

"(6) the associated docket number;

"(7) the date the rulemaking was initiated;

"(8) a date for the next action; and

"(9) if a date for next action identified in the previous report is not met, the reason for the delay."