dreamproit/uscode huggingface dataset:
46 U.S.C. § 41301 (SHIPPING)
§ 41301. Complaints
(a) In General.—
A person may file with the Federal Maritime Commission a sworn complaint alleging a violation of this part, except section 41307(b)(1). If the complaint is filed within 3 years after the claim accrues, the complainant may seek reparations for an injury to the complainant caused by the violation.
(b) Notice and Response.—
The Commission shall provide a copy of the complaint to the person named in the complaint. Within a reasonable time specified by the Commission, the person shall satisfy the complaint or answer it in writing.
(c) If Complaint Not Satisfied.—
If the complaint is not satisfied, the Commission shall investigate the complaint in an appropriate manner and make an appropriate order.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1545.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
41301(a)
46 App.:1710(a), (g) (related to time limit).
Pub. L. 98–237, § 11(a), (b), (g) (related to time limit), Mar. 20, 1984, 98 Stat. 80; Pub. L. 98–595, § 3(b)(2), Oct. 30, 1984, 98 Stat. 3132; Pub. L. 105–258, title I, § 110, Oct. 14, 1998, 112 Stat. 1911.
41301(b)
46 App.:1710(b) (1st sentence).
41301(c)
46 App.:1710(b) (last sentence).
In subsection (a), the words “If the complaint is filed within 3 years after the claim accrues” are substituted for “For any complaint filed within 3 years after the cause of action accrued” in 46 App. U.S.C. 1710(g) to alert the reader to that time limitation.
46 U.S.C. § 41302 (SHIPPING)
§ 41302. Investigations
(a) In General.—
The Federal Maritime Commission, on complaint or its own motion, may investigate any conduct or agreement 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 During Investigation.—
Unless an injunction is issued under section 41306 or 41307 of this title, an agreement 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.)
text: Historical and Revision Notes
Revised
Section
Source (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).
46 U.S.C. § 41303 (SHIPPING)
§ 41303. Discovery and subpoenas
(a) In General.—
In an investigation or adjudicatory proceeding under this part—
(1) the Federal Maritime Commission may subpoena witnesses and evidence; and
(2) a party may use depositions, written interrogatories, and discovery procedures under regulations prescribed by the Commission that, to the extent practicable, shall conform to the Federal Rules of Civil Procedure (28 App. U.S.C.).
(b) Witness Fees.—
Unless otherwise prohibited by law, a witness is entitled to the same fees and mileage as in the courts of the United States.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1545.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
41303
46 App.:1711.
Pub. L. 98–237, § 12, Mar. 20, 1984, 98 Stat. 81.
In subsection (a)(1), the words “may subpoena witnesses and evidence” are substituted for “may by subpena compel the attendance of witnesses and the production of books, papers, documents, and other evidence” to eliminate unnecessary words.
In subsection (a)(2), the words “shall conform to the Federal Rules of Civil Procedure (28 App. U.S.C.)” are substituted for “shall be in conformity with the rules applicable in civil proceedings in the district courts of the United States” for clarity.
46 U.S.C. § 41304 (SHIPPING)
§ 41304. Hearings and orders
(a) Opportunity for Hearing.—
The Federal Maritime Commission shall provide an opportunity for a hearing before issuing an order relating to a violation of this part or a regulation prescribed under this part.
(b) Modification of Order.—
The Commission may reverse, suspend, or modify any of its orders.
(c) Rehearing.—
On application of a party to a proceeding, the Commission may grant a rehearing of the same or any matter determined in the proceeding. Except by order of the Commission, a rehearing does not operate as a stay of an order.
(d) Period of Effectiveness.—
An order of the Commission remains in effect for the period specified in the order or until suspended, modified, or set aside by the Commission or a court of competent jurisdiction.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1546.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
41304(a)
46 App.:1713(a) (1st sentence).
Pub. L. 98–237, § 14(a), (b), Mar. 20, 1984, 98 Stat. 83.
41304(b)
46 App.:1713(b) (1st sentence 1st–12th words).
41304(c)
46 App.:1713(b) (1st sentence 13th–last words, last sentence).
41304(d)
46 App.:1713(a) (last sentence).
In subsection (a), the words “upon sworn complaint or on its own motion” are omitted as unnecessary.
46 U.S.C. § 41305 (SHIPPING)
§ 41305. Award of reparations
(a) Definition.—
In this section, the term “actual injury” includes the loss of interest at commercial rates compounded from the date of injury.
(b) Basic Amount.—
If the complaint was filed within the period specified in section 41301(a) of this title, the Federal Maritime Commission shall direct the payment of reparations to the complainant for actual injury caused by a violation of this part, plus reasonable attorney fees.
(c) Additional Amounts.—
On a showing that the injury was caused by an activity prohibited by section 41102(b), 41104(3) or (6), or 41105(1) or (3) of this title, the Commission may order the payment of additional amounts, but the total recovery of a complainant may not exceed twice the amount of the actual injury.
(d) Difference Between Rates.—
If the injury was caused by an activity prohibited by section 41104(4)(A) or (B) of this title, the amount of the injury shall be the difference between the rate paid by the injured shipper and the most favorable rate paid by another shipper.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1546.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
41305
46 App.:1710(g) (less time limit).
Pub. L. 98–237, § 11(g) (less time limit), Mar. 20, 1984, 98 Stat. 80; Pub. L. 98–595, § 3(b)(2), Oct. 30, 1984, 98 Stat. 3132; Pub. L. 105–258, title I, § 110, Oct. 14, 1998, 112 Stat. 1911.
In subsection (b), the words “within the period specified in section 41301(a) of this title” are substituted for “within 3 years after the cause of action accrued” because the time limit is restated in section 41301(a) instead of in this section. The words “upon petition of the complainant” are omitted as unnecessary. The words “after notice and hearing” are omitted as unnecessary because of section 41304(a) of the revised title.
46 U.S.C. § 41306 (SHIPPING)
§ 41306. Injunctive relief sought by complainants
(a) In General.—
After filing a complaint with the Federal Maritime Commission under section 41301 of this title, the complainant may bring a civil action in a district court of the United States to enjoin conduct in violation of this part.
(b) Venue.—
The action must be brought in the judicial district in which—
(1) the Commission has brought a civil action against the defendant under section 41307(a) of this title; or
(2) the defendant resides or transacts business, if the Commission has not brought such an action.
(c) Remedies by Court.—
After notice to the defendant, and a showing that the standards for granting injunctive relief by courts of equity are met, the court may grant a temporary restraining order or preliminary injunction for a period not to exceed 10 days after the Commission has issued an order disposing of the complaint.
(d) Attorney Fees.—
A defendant prevailing in a civil action under this section shall be allowed reasonable attorney fees to be assessed and collected as part of the costs of the action.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1546.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
41306
46 App.:1710(h)(2).
Pub. L. 98–237, § 11(h)(2), Mar. 20, 1984, 98 Stat. 81.
46 U.S.C. § 41308 (SHIPPING)
§ 41308. Enforcement of subpoenas and orders
(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.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1548.)
text: Historical and Revision Notes
Revised
Section
Source (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.
46 U.S.C. § 41309 (SHIPPING)
§ 41309. Enforcement of reparation orders
(a) Civil Action.—
If a person does not comply with an order of the Federal Maritime Commission for the payment of reparation, the person to whom the award was made may seek enforcement of the order in a district court of the United States having jurisdiction over the parties.
(b) Parties and Service of Process.—
All parties in whose favor the Commission has made an award of reparation by a single order may be joined as plaintiffs, and all other parties in the order may be joined as defendants, in a single action in a judicial district in which any one plaintiff could maintain an action against any one defendant. Service of process against a defendant not found in that district may be made in a district in which any office of that defendant is located or in which any port of call on a regular route operated by that defendant is located. Judgment may be entered for any plaintiff against the defendant liable to that plaintiff.
(c) Nature of Review.—
In an action under this section, the findings and order of the Commission are prima facie evidence of the facts stated in the findings and order.
(d) Costs and Attorney Fees.—
The plaintiff is not liable for costs of the action or for costs of any subsequent stage of the proceedings unless they accrue on the plaintiff’s appeal. A prevailing plaintiff shall be allowed reasonable attorney fees to be assessed and collected as part of the costs of the action.
(e) 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.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1548.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
41309(a)
46 App.:1713(d)(1).
Pub. L. 98–237, § 14(d), (e), Mar. 20, 1984, 98 Stat. 83, 84.
41309(b)
46 App.:1713(d)(3).
41309(c)
46 App.:1713(d)(2) (1st sentence 1st–23d words).
41309(d)
46 App.:1713(d)(2) (1st sentence 24th–last words, last sentence).
41309(e)
46 App.:1713(e).
46 U.S.C. § 42101 (SHIPPING)
§ 42101. Regulations of the Commission
(a) Unfavorable Conditions.—
To further the objectives and policy set forth in section 50101 of this title, the Federal Maritime Commission shall prescribe regulations affecting shipping in foreign trade, not in conflict with law, to adjust or meet general or special conditions unfavorable to shipping in foreign trade, whether in a particular trade or on a particular route or in commerce generally, including intermodal movements, terminal operations, cargo solicitation, agency services, ocean transportation intermediary services and operations, and other activities and services integral to transportation systems, and which arise out of or result from laws or regulations of a foreign country or competitive methods, pricing practices, or other practices employed by owners, operators, agents, or masters of vessels of a foreign country.
(b) Initiation of Regulation.—
A regulation under subsection (a) may be initiated by the Commission on its own motion or on the petition of any person, including another component of the United States Government.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1548.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
42101(a)
46 App.:876(a)(2).
June 5, 1920, ch. 250, § 19(a)(2), (e), 41 Stat. 995; Ex. Ord. No. 6166, § 12, eff. June 10, 1933; June 29, 1936, ch. 858, title II, § 204, title IX, § 904, 49 Stat. 1987, 2016; Pub. L. 97–31, § 12(46), Aug. 6, 1981, 95 Stat. 157; Pub. L. 101–595, title I, § 103, Nov. 16, 1990, 104 Stat. 2979; Pub. L. 102–587, title VI, § 6205(b), Nov. 4, 1992, 106 Stat. 5094; Pub. L. 105–258, title III, § 301, Oct. 14, 1998, 112 Stat. 1915.
46 App.:1710a(h) (related to 876(a)(2)).
Pub. L. 100–418, title X, § 10002(h) (related to § 19(b)(1)(b)), Aug. 23, 1988, 102 Stat. 1572; Pub. L. 105–258, title I, § 111(7), Oct. 14, 1998, 112 Stat. 1911.
42101(b)
46 App.:876(e).
In subsection (a), the word “shall” is substituted for “is authorized and directed”, and the words “prescribe regulations” are substituted for “make rules and regulations”, for consistency in the revised title and to eliminate unnecessary words. The text of 46 App. U.S.C. 1710a(h), insofar as it relates to 46 App. U.S.C. 876(a)(2), is omitted as unnecessary because this chapter already provides for the same remedies as those authorized by the omitted provision.
In subsection (b), the words “on the petition of any person, including another component of the United States Government” are substituted for “pursuant to a petition. Any person, including a common carrier, tramp operator, bulk operator, shipper, shippers’ association, ocean transportation intermediary, marine terminal operator, or any component of the Government of the United States, may file a petition for relief under subsection (a)(2) of this section.” for consistency with section 42302(b) of the revised title and to eliminate unnecessary words.
46 U.S.C. § 42102 (SHIPPING)
§ 42102. Regulations of other agencies
(a) Request to Agency.—
To further the objectives and policy set forth in section 50101 of this title, the Federal Maritime Commission shall request the head of a department, agency, or instrumentality of the United States Government to suspend, modify, or annul any existing regulations, or to make new regulations, affecting shipping in the foreign trade, except regulations relating to the Public Health Service, the Consular Service, or the inspection of vessels.
(b) Prior Review and Approval.—
A department, agency, or instrumentality of the Government may not prescribe a regulation affecting shipping in the foreign trade (except a regulation affecting the Public Health Service, the Consular Service, or the inspection of vessels) until the regulation has been submitted to the Commission for its approval and final action has been taken by the Commission or the President.
(c) Submission to President.—
If the head of a department, agency, or instrumentality of the Government refuses to comply with a request under subsection (a) or objects to a decision of the Commission under subsection (b), the Commission or the head of the department, agency, or instrumentality may submit the facts to the President. The President may establish, suspend, modify, or annul the regulation.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1549.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
42102(a)
46 App.:876(a)(3).
June 5, 1920, ch. 250, § 19(a)(3), (b), (c), 41 Stat. 995; Ex. Ord. No. 6166, § 12, eff. June 10, 1933; June 29, 1936, ch. 858, title II, § 204, title IX, § 904, 49 Stat. 1987, 2016; Pub. L. 97–31, § 12(46), Aug. 6, 1981, 95 Stat. 157; Pub. L. 105–258, title III, § 301, Oct. 14, 1998, 112 Stat. 1915.
42102(b)
46 App.:876(b).
42102(c)
46 App.:876(c).
In this section, the words “department, agency, or instrumentality” are substituted for “department, board, bureau, or agency” for consistency in the revised title. The words “the inspection of vessels” are substituted for “the steamboat inspection service” because the Steamboat Inspection Service has been abolished and its functions are now carried out by the Coast Guard.
In subsection (a), the word “shall” is substituted for “is authorized and directed” for consistency in the revised title and to eliminate unnecessary words.
46 U.S.C. § 42103 (SHIPPING)
§ 42103. No preference to Government-owned vessels
A regulation may not give a vessel owned by the United States Government a preference over a vessel owned by citizens of the United States and documented under the laws of the United States.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1549.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
42103
46 App.:876(d).
June 5, 1920, ch. 250, § 19(d), 41 Stat. 995; Ex. Ord. No. 6166, § 12, eff. June 10, 1933; June 29, 1936, ch. 858, title II, § 204, title IX, § 904, 49 Stat. 1987, 2016; Pub. L. 105–258, title III, § 301, Oct. 14, 1998, 112 Stat. 1915.
46 U.S.C. § 42105 (SHIPPING)
§ 42105. Disclosure to public
Notwithstanding any other provision of law, the Federal Maritime Commission may refuse to disclose to the public a response or other information submitted to it under this chapter.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1550.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
42105
46 App.:876(h).
June 5, 1920, ch. 250, § 19(h); as added Pub. L. 101–595, title I, § 103(2), Nov. 16, 1990, 104 Stat. 2979; Pub. L. 105–258, title III, § 301, Oct. 14, 1998, 112 Stat. 1915.
46 U.S.C. § 42106 (SHIPPING)
§ 42106. Other actions to remedy unfavorable conditions
If the Federal Maritime Commission finds that conditions unfavorable to shipping in foreign trade as described in section 42101 of this title exist, the Commission may—
(1) limit voyages to and from United States ports or the amount or type of cargo carried;
(2) suspend, in whole or in part, tariffs and service contracts for carriage to or from United States ports, including a common carrier’s right to use tariffs of conferences and service contracts of agreements in United States trades of which it is a member for any period the Commission specifies;
(3) suspend, in whole or in part, an ocean common carrier’s right to operate under any agreement filed with the Commission, including any agreement authorizing preferential treatment at terminals, preferential terminal leases, space chartering, or pooling of cargo or revenue with other ocean common carriers;
(4) impose a fee not to exceed $1,000,000 per voyage; or
(5) take any other action the Commission finds necessary and appropriate to adjust or meet any condition unfavorable to shipping in the foreign trade of the United States.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1550.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
42106
46 App.:876(i).
June 5, 1920, ch. 250, § 19(i); as added Pub. L. 101–595, title I, § 103(2), Nov. 16, 1990, 104 Stat. 2979; Pub. L. 105–258, title III, § 301, Oct. 14, 1998, 112 Stat. 1915.
46 U.S.C. § 42107 (SHIPPING)
§ 42107. Refusal of clearance and entry
At the request of the Federal Maritime Commission—
(1) the Secretary of Homeland Security shall—
(A) refuse the clearance required by section 60105 of this title to a vessel of a country that is named in a regulation prescribed by the Commission under section 42101 of this title; and
(B) collect any fees imposed by the Commission under section 42106(4) of this title; and
(2) the Secretary of the department in which the Coast Guard is operating shall—
(A) deny entry, for purposes of oceanborne trade, of a vessel of a country that is named in a regulation prescribed by the Commission under section 42101 of this title, to a port or place in the United States or the navigable waters of the United States; or
(B) detain the vessel at the port or place in the United States from which it is about to depart for another port or place in the United States.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1551.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
42107
46 App.:876(j).
June 5, 1920, ch. 250, § 19(j); as added Pub. L. 101–595, title I, § 103(2), Nov. 16, 1990, 104 Stat. 2979; Pub. L. 105–258, title III, § 301, Oct. 14, 1998, 112 Stat. 1915.
In paragraph (1), the words “Secretary of Homeland Security” are substituted for “collector of customs at the port or place of destination in the United States” because the functions of the Customs Service and of the Secretary of the Treasury relating thereto were transferred to the Secretary of Homeland Security by section 403(1) of the Homeland Security Act of 2002 (Pub. L. 107–296, 116 Stat. 2178). The functions of the collector of customs previously were vested in the Secretary of the Treasury by Reorganization Plan No. 26 of 1950, and the office of collector of customs previously was abolished by Reorganization Plan No. 1 of 1965.
46 U.S.C. § 42108 (SHIPPING)
§ 42108. Penalty for operating under suspended tariff or service contract
A common carrier that accepts or handles cargo for carriage under a tariff or service contract that has been suspended under section 42104(d)(1) or 42106(2) of this title, or after its right to use another tariff or service contract has been suspended under those provisions, is liable to the United States Government for a civil penalty of not more than $50,000 for each day that it is found to be operating under a suspended tariff or service contract.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1551.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
42108
46 App.:876(k).
June 5, 1920, ch. 250, § 19(k); as added Pub. L. 101–595, title I, § 103(2), Nov. 16, 1990, 104 Stat. 2979; Pub. L. 105–258, title III, § 301, Oct. 14, 1998, 112 Stat. 1915.
46 U.S.C. § 42109 (SHIPPING)
§ 42109. Consultation with other agencies
The Federal Maritime Commission may consult with, seek the cooperation of, or make recommendations to other appropriate agencies of the United States Government prior to taking any action under this chapter.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1551.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
42109
46 App.:876(l).
June 5, 1920, ch. 250, § 19(l); as added Pub. L. 101–595, title I, § 103(2), Nov. 16, 1990, 104 Stat. 2979; Pub. L. 105–258, title III, § 301, Oct. 14, 1998, 112 Stat. 1915.