46-U.S.C.-42104
§42104 – Information, Witnesses, and Evidence
Pathway
Title 46 > Subtitle IV > Part B > Chapter 421 > Section 42104
Details
- Reference: Section 42104
- Legend: §42104 – Information, Witnesses, and Evidence
- USCode Year: 2013
Provision Content
(a) Order To Supply Information.—In carrying out section 42101 of this title, the Federal Maritime Commission may order any person (including a common carrier, tramp operator, bulk operator, shipper, shippers’ association, ocean transportation intermediary, or marine terminal operator, or an officer, receiver, trustee, lessee, agent, or employee thereof) to file with the Commission a report, answers to questions, documentary material, or other information the Commission considers necessary or appropriate. The Commission may require the response to any such order to be made under oath. The response shall be provided in the form and within the time specified by the Commission.
(b) Subpoenas and Discovery.—In carrying out section 42101 of this title, the Commission may—
(1) subpoena witnesses and evidence; and
(2) authorize a party to use depositions, written interrogatories, and discovery procedures that, to the extent practicable, conform to the Federal Rules of Civil Procedure (28 App. U.S.C.).
(c) Witness Fees.—Unless otherwise prohibited by law, and subject to funds being appropriated, a witness in a proceeding under section 42101 of this title is entitled to the same fees and mileage as in the courts of the United States.
(d) Penalties.—For failure to supply information ordered to be produced or compelled by subpoena under this section, the Commission may—
(1) after notice and opportunity for a hearing, suspend tariffs and service contracts of a common carrier or the common carriers right to use tariffs of conferences and service contracts of agreements of which it is a member; or
(2) assess a civil penalty of not more than $5,000 for each day that the information is not provided.
(e) Enforcement.—If a person does not comply with an order or subpoena of the Commission under this section, the Commission may seek enforcement in a district court of the United States having jurisdiction over the parties. If, after hearing, the court determines that the order or subpoena was regularly made and duly issued, the court shall enforce the order or subpoena.
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1549.)
| Revised Section |
Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 42104(a) | 46 App.:876(f)(1)–(3). | June 5, 1920, ch. 250, §19(f), (g); as added Pub. L. 101–595, title I, §103(2), Nov. 16, 1990, 104 Stat. 2979; Pub. L. 102–587, title VI, §6205(b)(2), Nov. 4, 1992, 106 Stat. 5094; Pub. L. 105–258, title III, §301, Oct. 14, 1998, 112 Stat. 1915. |
| 42104(b) | 46 App.:876(g)(1), (2). | |
| 42104(c) | 46 App.:876(g)(3). | |
| 42104(d) | 46 App.:876(f)(4), (g)(4). | |
| 42104(e) | 46 App.:876(g)(5). |
In subsections (a) and (b), the words In carrying out are substituted for In furtherance of the purposes of and In proceedings under for clarity and consistency.
In subsection (b)(1), the words subpoena witnesses and evidence are substituted for by subpoena compel the attendance of witnesses and the production of books, papers, documents, and other evidence for consistency in the revised title and to eliminate unnecessary words.
In subsection (b)(2), the words conform to the Federal Rules of Civil Procedure (28 App. U.S.C.) are substituted for are in conformity with the rules applicable in civil proceedings in the district courts of the United States for clarity.
In subsection (d)(2), the penalties from 46 App. U.S.C. 876(f)(4) and (g)(4)(B) are combined because they are redundant.
In subsection (e), the words by an appropriate injunction or other process, mandatory or otherwise are omitted as unnecessary.
U.S. Encyclopedia of Law Coverage
46-U.S.C.-41105 in the Legal Encyclopedia: Shipping
In this entry about 46-U.S.C.-41105, find legal reference material, bibliographies and premiere content related to shipping in the American Encyclopedia of Law, presenting a comprehensive view of the United States shipping-specific issues, written by authorities in the field.
46-U.S.C.-41304 in the Legal Encyclopedia: Regulation of Ocean Shipping
In this entry about 46-U.S.C.-41304, find legal reference material, bibliographies and premiere content related to regulation of ocean shipping in the American Encyclopedia of Law, presenting a comprehensive view of the United States regulation of ocean shipping-specific issues, written by authorities in the field.
36-U.S.C.-22109 in the Legal Encyclopedia: International Law
In this entry about 36-U.S.C.-22109, find legal reference material, bibliographies and premiere content related to international law in the American Encyclopedia of Law, presenting a comprehensive view of the United States international law-specific issues, written by authorities in the field.
Leave a Reply