46-U.S.C.-42302

46-U.S.C.-42302

§42302 – Investigations

Pathway

Title 46 > Subtitle IV > Part B > Chapter 423 > Section 42302

Details

  • Reference: Section 42302
  • Legend: §42302 – Investigations
  • USCode Year: 2013

Provision Content

(a) In General.—The Federal Maritime Commission shall investigate whether any laws, rules, regulations, policies, or practices of a foreign government, or any practices of a foreign carrier or other person providing maritime or maritime-related services in a foreign country, result in the existence of conditions that—

(1) adversely affect the operations of United States carriers in United States oceanborne trade; and

(2) do not exist for foreign carriers of that country in the United States under the laws of the United States or as a result of acts of United States carriers or other persons providing maritime or maritime-related services in the United States.

(b) Initiation of Investigation.—An investigation under subsection (a) may be initiated by the Commission on its own motion or on the petition of any person, including another component of the United States Government.

(c) Time for Decision.—The Commission shall complete an investigation under this section and render a decision within 120 days after it is initiated. However, the Commission may extend this 120-day period for an additional 90 days if the Commission is unable to obtain sufficient information to determine whether a condition specified in subsection (a) exists. A notice providing an extension shall state clearly the reasons for the extension.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1552.)

Historical and Revision Notes
Revised
Section
Source (U.S. Code) Source (Statutes at Large)
42302(a) 46 App.:1710a(b). Pub. L. 100–418, title X, §10002(b), (c), Aug. 23, 1988, 102 Stat. 1570; Pub. L. 105–258, title I, §111(4), Oct. 14, 1998, 112 Stat. 1911.
42302(b) 46 App.:1710a(c)(1).
42302(c) 46 App.:1710a(c)(2).

In subsection (b), the words including another component of the United States Government are substituted for including any common carrier, shipper, shippers’ association, ocean transportation intermediary, or marine terminal operator, or any branch, department, agency, or other component of the Government of the United States for consistency with section 42101(b) of the revised title and to eliminate unnecessary words.

U.S. Encyclopedia of Law Coverage

46-U.S.C.-42109 in the Legal Encyclopedia: Shipping

In this entry about 46-U.S.C.-42109, 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.

46-U.S.C.-42106 in the Legal Encyclopedia: International Law

In this entry about 46-U.S.C.-42106, 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.

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