46 U.S.C. § 40104 — Reports filed with the Commission
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 190 words · no verdicts yet
This section permits the Federal Maritime Commission to require reports and business records from common carriers and marine-terminal operators. It limits the scope and timing of requests and protects conference minutes from release.
(a) Reports.— (1) In general .— The Federal Maritime Commission may require a common carrier* or marine terminal operator*, or an officer, receiver, trustee, lessee, agent, or employee of the common carrier or marine terminal operator to file with the Commission a periodical or special report, an account, record, rate, or charge, or a memorandum of facts and transactions related to the business of the common carrier or marine terminal operator, as applicable. (2) Requirements .— Any report, account, record, rate, charge, or memorandum required to be filed under numbered paragraphs (1) must— (A) be made under oath if the Commission requires; and (B) be filed in the form and within the time prescribed by the Commission. (3) Limitation .— The Commission must— (A) limit the scope of any filing ordered under this section to fulfill the objective of the order; and (B) provide a reasonable period of time for respondents to respond based upon their capabilities and the scope of the order. (b) Conference* Minutes .— Conference minutes required to be filed with the Commission under this section cannot be released to third parties or published by the Commission.
The Federal Maritime Commission may require a common carrier* or marine terminal operator*, or an officer, receiver, trustee, lessee, agent, or employee of the common carrier or marine terminal operator to file with the Commission a periodical or special report, an account, record, rate, or charge, or a memorandum of facts and transactions related to the business of the common carrier or marine terminal operator, as applicable.
Any report, account, record, rate, charge, or memorandum required to be filed under paragraph (1) shall—
be made under oath if the Commission requires; and
be filed in the form and within the time prescribed by the Commission.
The Commission shall—
limit the scope of any filing ordered under this section to fulfill the objective of the order; and
provide a reasonable period of time for respondents to respond based upon their capabilities and the scope of the order.
Conference minutes required to be filed with the Commission under this section may not be released to third parties or published by the Commission.
Source credit: (Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1527; Pub. L. 115–282, title VII, § 705, Dec. 4, 2018, 132 Stat. 4294.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1527
- 2018Amended · Pub. L. 115-282 · 132 Stat. 4294
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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