-CITE- 46 USC CHAPTER 413 - ENFORCEMENT 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle IV - Regulation of Ocean Shipping Part A - Ocean Shipping CHAPTER 413 - ENFORCEMENT -HEAD- CHAPTER 413 - ENFORCEMENT -MISC1- Sec. 41301. Complaints. 41302. Investigations. 41303. Discovery and subpoenas. 41304. Hearings and orders. 41305. Award of reparations. 41306. Injunctive relief sought by complainants. 41307. Injunctive relief sought by the Commission. 41308. Enforcement of subpoenas and orders. 41309. Enforcement of reparation orders. -End- -CITE- 46 USC Sec. 41301 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle IV - Regulation of Ocean Shipping Part A - Ocean Shipping CHAPTER 413 - ENFORCEMENT -HEAD- Sec. 41301. Complaints -STATUTE- (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. -SOURCE- (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1545.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 41301(a) 46 App.:1710(a), Pub. L. 98-237, Sec. 11(a), (g) (related to (b), (g) (related to time time limit). limit), Mar. 20, 1984, 98 Stat. 80; Pub. L. 98-595, Sec. 3(b)(2), Oct. 30, 1984, 98 Stat. 3132; Pub. L. 105-258, title I, Sec. 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. -End- -CITE- 46 USC Sec. 41302 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle IV - Regulation of Ocean Shipping Part A - Ocean Shipping CHAPTER 413 - ENFORCEMENT -HEAD- Sec. 41302. Investigations -STATUTE- (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. -SOURCE- (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1545.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 41302(a) 46 App.:1710(c) Pub. L. 98-237, Sec. (1st, 3d sentences). 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). -------------------------------------------------------------------- -End- -CITE- 46 USC Sec. 41303 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle IV - Regulation of Ocean Shipping Part A - Ocean Shipping CHAPTER 413 - ENFORCEMENT -HEAD- Sec. 41303. Discovery and subpoenas -STATUTE- (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. -SOURCE- (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1545.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 41303 46 App.:1711. Pub. L. 98-237, Sec. 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. -End- -CITE- 46 USC Sec. 41304 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle IV - Regulation of Ocean Shipping Part A - Ocean Shipping CHAPTER 413 - ENFORCEMENT -HEAD- Sec. 41304. Hearings and orders -STATUTE- (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. -SOURCE- (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1546.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 41304(a) 46 App.:1713(a) Pub. L. 98-237, Sec. 14(a), (1st sentence). (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. -End- -CITE- 46 USC Sec. 41305 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle IV - Regulation of Ocean Shipping Part A - Ocean Shipping CHAPTER 413 - ENFORCEMENT -HEAD- Sec. 41305. Award of reparations -STATUTE- (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. -SOURCE- (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1546.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 41305 46 App.:1710(g) Pub. L. 98-237, Sec. 11(g) (less time limit). (less time limit), Mar. 20, 1984, 98 Stat. 80; Pub. L. 98-595, Sec. 3(b)(2), Oct. 30, 1984, 98 Stat. 3132; Pub. L. 105-258, title I, Sec. 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. -End- -CITE- 46 USC Sec. 41306 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle IV - Regulation of Ocean Shipping Part A - Ocean Shipping CHAPTER 413 - ENFORCEMENT -HEAD- Sec. 41306. Injunctive relief sought by complainants -STATUTE- (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. -SOURCE- (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1546.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 41306 46 App.:1710(h)(2). Pub. L. 98-237, Sec. 11(h)(2), Mar. 20, 1984, 98 Stat. 81. -------------------------------------------------------------------- -End- -CITE- 46 USC Sec. 41307 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle IV - Regulation of Ocean Shipping Part A - Ocean Shipping CHAPTER 413 - ENFORCEMENT -HEAD- Sec. 41307. Injunctive relief sought by the Commission -STATUTE- (a) General Violations. - In connection with an investigation under section 41301 or 41302 of this title, the Federal Maritime Commission may bring a civil action to enjoin conduct in violation of this part. The action must be brought in the district court of the United States for any judicial district in which the defendant resides or transacts business. 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 issues under investigation. (b) Reduction in Competition. - (1) Action by commission. - If, at any time after the filing or effective date of an agreement under chapter 403 of this title, the Commission determines that the agreement is likely, by a reduction in competition, to produce an unreasonable reduction in transportation service or an unreasonable increase in transportation cost, the Commission, after notice to the person filing the agreement, may bring a civil action in the United States District Court for the District of Columbia to enjoin the operation of the agreement. The Commission's sole remedy with respect to an agreement likely to have such an effect is an action under this subsection. (2) Remedies by court. - In an action under this subsection, the court may issue - (A) a temporary restraining order or a preliminary injunction; and (B) a permanent injunction after a showing that the agreement is likely to have the effect described in paragraph (1). (3) Burden of proof and third parties. - In an action under this subsection, the burden of proof is on the Commission. The court may not allow a third party to intervene. (c) Failure To Provide Information. - If a person filing an agreement, or an officer, director, partner, agent, or employee of the person, fails substantially to comply with a request for the submission of additional information or documents within the period provided in section 40304(c) of this title, the Commission may bring a civil action in the United States District Court for the District of Columbia. At the request of the Commission, the Court - (1) may order compliance; (2) shall extend the period specified in section 40304(c)(2) of this title until there has been substantial compliance; and (3) may grant other equitable relief that the court decides is appropriate. (d) Representation. - The Commission may represent itself in a proceeding under this section in - (1) a district court of the United States, on notice to the Attorney General; and (2) a court of appeals of the United States, with the approval of the Attorney General. -SOURCE- (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1547.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 41307(a) 46 App.:1710(h)(1). Pub. L. 98-237, Sec. 11(c) (last sentence), (h)(1), Mar. 20, 1984, 98 Stat. 80, 81. 41307(b)(1) 46 App.:1705(g), Pub. L. 98-237, Sec. (h) (1st sentence). 6(g)-(i), (k), Mar. 20, 1984, 98 Stat. 72, 73. 46 App.:1710(c) (last sentence). 41307(b)(2) 46 App.:1705(h) (2d sentence). 41307(b)(3) 46 App.:1705(h) (3d, last sentences). 41307(c) 46 App.:1705(i). 41307(d) 46 App.:1705(k). -------------------------------------------------------------------- -End- -CITE- 46 USC Sec. 41308 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle IV - Regulation of Ocean Shipping Part A - Ocean Shipping CHAPTER 413 - ENFORCEMENT -HEAD- Sec. 41308. Enforcement of subpoenas and orders -STATUTE- (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. -SOURCE- (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1548.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 41308(a) 46 App.:1713(c). Pub. L. 98-237, Sec. 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. -End- -CITE- 46 USC Sec. 41309 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle IV - Regulation of Ocean Shipping Part A - Ocean Shipping CHAPTER 413 - ENFORCEMENT -HEAD- Sec. 41309. Enforcement of reparation orders -STATUTE- (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. -SOURCE- (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1548.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 41309(a) 46 App.:1713(d)(1). Pub. L. 98-237, Sec. 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). -------------------------------------------------------------------- -End- -CITE- 46 USC Part B - Actions To Address Foreign Practices 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle IV - Regulation of Ocean Shipping Part B - Actions To Address Foreign Practices -HEAD- PART B - ACTIONS TO ADDRESS FOREIGN PRACTICES -End-