46 U.S.C. § 40304 — Commission action
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 352 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
Not later than 7 days after the date an agreement* is filed, the Federal Maritime Commission shall—
transmit a notice of the filing to the Federal Register for publication; and
request interested persons to submit relevant information and documents.
After preliminary review, the Commission shall reject an agreement that it finds does not meet the requirements of sections 40302 and 40303 of this title. The Commission shall notify in writing the person filing the agreement of the reason for rejection.
Unless rejected under subsection (b), an agreement (other than an assessment agreement*) is effective—
on the 45th day after filing, or on the 30th day after notice of the filing is published in the Federal Register, whichever is later; or
if additional information or documents are requested under subsection (d)—
on the 45th day after the Commission receives all the additional information and documents; or
if the request is not fully complied with, on the 45th day after the Commission receives the information and documents submitted and a statement of the reasons for noncompliance with the request.
Before the expiration of the period specified in subsection (c)(1), the Commission may request from the person filing the agreement any additional information and documents the Commission considers necessary to make the determinations required by this part.
On request of the party filing an agreement, the Commission may shorten a period specified in subsection (c), but not to a date that is less than 14 days after notice of the filing of the agreement is published in the Federal Register.
The period specified in subsection (c)(2) may be extended only by the United States District Court for the District of Columbia in a civil action brought by the Commission under section 41307(c) of this title.
The Commission may not limit the effectiveness of an agreement to a fixed term.
Source credit: (Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1530; Pub. L. 115–282, title VII, § 706(a), (b), Dec. 4, 2018, 132 Stat. 4295.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1530
- 2018Amended · Pub. L. 115-282 · 132 Stat. 4295
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.
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