46 USC § 40305 - Assessment agreements | Title 46 - Shipping | U.S. Code

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Current through Pub. L. 113-99. (See Public Laws for the current Congress.)

(a) Filing Requirement.— An assessment agreement shall be filed with the Federal Maritime Commission and is effective on filing.

(b) Complaints.— If a complaint is filed with the Commission within 2 years after the date of an assessment agreement, the Commission shall disapprove, cancel, or modify the agreement, or an assessment or charge pursuant to the agreement, that the Commission finds, after notice and opportunity for a hearing, to be unjustly discriminatory or unfair as between carriers, shippers, or ports. The Commission shall issue its final decision in the proceeding within one year after the date the complaint is filed.

(c) Adjustments of Assessments and Charges.— To the extent that the Commission finds under subsection (b) that an assessment or charge is unjustly discriminatory or unfair as between carriers, shippers, or ports, the Commission shall adjust the assessment or charge for the period between the filing of the complaint and the final decision by awarding prospective credits or debits to future assessments and charges. However, if the complainant has ceased activities subject to the assessment or charge, the Commission may award reparations.

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(a) Filing Requirement.— An assessment agreement shall be filed with the Federal Maritime Commission and is effective on filing.

(b) Complaints.— If a complaint is filed with the Commission within 2 years after the date of an assessment agreement, the Commission shall disapprove, cancel, or modify the agreement, or an assessment or charge pursuant to the agreement, that the Commission finds, after notice and opportunity for a hearing, to be unjustly discriminatory or unfair as between carriers, shippers, or ports. The Commission shall issue its final decision in the proceeding within one year after the date the complaint is filed.

(c) Adjustments of Assessments and Charges.— To the extent that the Commission finds under subsection (b) that an assessment or charge is unjustly discriminatory or unfair as between carriers, shippers, or ports, the Commission shall adjust the assessment or charge for the period between the filing of the complaint and the final decision by awarding prospective credits or debits to future assessments and charges. However, if the complainant has ceased activities subject to the assessment or charge, the Commission may award reparations.

Source

(Pub. L. 109–304, § 7,Oct. 6, 2006, 120 Stat. 1531.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40305
46 App.:1704(e) (less last sentence).
Pub. L. 98–237, § 5(e) (less last sentence), Mar. 20, 1984, 98 Stat. 70; Pub. L. 105–258, title I, § 104(a)(2), (b)(1), Oct. 14, 1998, 112 Stat. 1904, 1905.

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The most recent Classification Table update that we have noticed was Tuesday, May 21, 2013

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46 USC	Description of Change	Session Year	Public Law	Statutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

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46 CFR - Title 46—Shipping

46 CFR Part 501 - THE FEDERAL MARITIME COMMISSION—GENERAL

46 CFR Part 530 - SERVICE CONTRACTS

46 CFR Part 535 - OCEAN COMMON CARRIER AND MARINE TERMINAL OPERATOR AGREEMENTS SUBJECT TO THE SHIPPING ACT OF 1984

46 USC § 40305 - Assessment agreements

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