46 U.S.C. § 40304

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 40304 - Commission action

(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.

46 U.S.C. § 40304

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.

HISTORICAL AND REVISION NOTES
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40304(a)	46 App.:1705(a).	Pub. L. 98-237, §6(a)-(f), Mar. 20, 1984, 98 Stat. 72.
40304(b)	46 App.:1705(b).
40304(c)	46 App.:1705(c) (1st sentence).
40304(d)	46 App.:1705(d).
40304(e)(1)	46 App.:1705(e).
40304(e)(2)	46 App.:1705(c) (last sentence).
40304(f)	46 App.:1705(f).

EDITORIAL NOTES

AMENDMENTS2018-Subsec. (a). Pub. L. 115-282, §706(a), amended subsec. (a) generally. Prior to amendment, text read as follows: "Within 7 days after an agreement is filed, the Federal Maritime Commission shall transmit a notice of the filing to the Federal Register for publication."Subsec. (d). Pub. L. 115-282, §706(b), substituted "part" for "section".

STATUTORY NOTES AND RELATED SUBSIDIARIES

SAVING CLAUSE Pub. L. 115-282, title VII, §706(c), Dec. 4, 2018, 132 Stat. 4295, provided that: "Nothing in this section [amending this section], or the amendments made by this section, may be construed-"(1) to prevent the Federal Maritime Commission from requesting from a person, at any time, any additional information or documents the Commission considers necessary to carry out chapter 403 of title 46, United States Code;"(2) to prescribe a specific deadline for the submission of relevant information and documents in response to a request under section 40304(a)(2) of title 46, United States Code; or"(3) to limit the authority of the Commission to request information under section 40304(d) of title 46, United States Code."