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46 U.S.C. § 40304Commission action

submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 352 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Federal Maritime Commission must review shipping agreements after carriers file them. It can reject a rule-breaking agreement or let it take effect after a wait. The Commission cannot limit an approved agreement to a fixed time.

(a) Notice of Filing. Within 7 days after an agreement is filed, the Commission must (1) send a notice of the filing to the Federal Register for publication, and (2) ask interested people to submit relevant information and documents. (b) Preliminary Review and Rejection. After an initial review, the Commission must reject any agreement that doesn't meet the requirements of sections 40302 and 40303. It must tell the filer in writing why the agreement was rejected. (c) Review and Effective Date. Unless rejected, an agreement (other than an assessment agreement) takes effect (1) on the 45th day after filing, or the 30th day after the Federal Register notice, whichever is later; or (2) if the Commission requested more information under subsection (d) — (A) on the 45th day after the Commission gets all requested information, or (B) if the request wasn't fully met, on the 45th day after the Commission gets whatever was submitted plus an explanation for not fully complying. (d) Request for Additional Information. Before the waiting period in subsection (c)(1) ends, the Commission can ask the filer for any extra information or documents it needs to make its decision. (e) Modification of Review Period. (1) Shortening. At the filer's request, the Commission can shorten the waiting period, but not to less than 14 days after the Federal Register notice. (2) Extension. Only the U.S. District Court for the District of Columbia can extend the waiting period under subsection (c)(2), in a lawsuit the Commission brings under section 41307(c). (f) Fixed Terms. The Commission cannot limit how long an agreement stays in effect.
the actual law source: uscode.house.gov ↗public domain
(a)Notice of Filing.—

Not later than 7 days after the date an agreement is filed, the Federal Maritime Commission shall—

(1)

transmit a notice of the filing to the Federal Register for publication; and

(2)

request interested persons to submit relevant information and documents.

(b)Preliminary Review and Rejection.—

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.

(c)Review and Effective Date.—

Unless rejected under subsection (b), an agreement (other than an assessment agreement) is effective—

(1)

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

(2)

if additional information or documents are requested under subsection (d)—

(A)

on the 45th day after the Commission receives all the additional information and documents; or

(B)

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.

(d)Request for Additional Information.—

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.

(e)Modification of Review Period.—
(1)Shortening.—

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.

(2)Extension.—

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.

(f)Fixed Terms.—

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.)

history & why it existsrecord from the source credit
  • 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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