46 CFR 501.2 - General.

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§ 501.2 General.

(a) Statutory functions. The Commission regulates common carriers by water and other persons involved in the oceanborne foreign commerce of the United States under provisions of the Shipping Act of 1984 ( 46 U.S.C. 40101- 41309); section 19 of the Merchant Marine Act, 1920 ( 46 U.S.C. 42101- 42109); the Foreign Shipping Practices Act of 1988 ( 46 U.S.C. 42301- 42307); sections 2 and 3, Public Law 89-777, Financial Responsibility for Death or Injury to Passengers and for Non-Performance of Voyages ( 46 U.S.C. 44101- 44106); and other applicable statutes.

(b)Establishment and composition of the Commission. The Commission was established as an independent agency by Reorganization Plan No. 7 of 1961, effective August 12, 1961, and is composed of five Commissioners (“Commissioners” or “members”), appointed by the President, by and with the advice and consent of the Senate. Not more than three Commissioners may be appointed from the same political party. The President designates one of the Commissioners to serve as the Chairman of the Commission (“Chairman”).

(c)Terms and vacancies.

(1)Length of terms. The term of each member of the Commission is five years and begins when the term of the predecessor of that member ends (i.e., on June 30 of each successive year).

(2)Removal. The President may remove a Commissioner for inefficiency, neglect of duty, or malfeasance in office.

(3)Vacancies. A vacancy in the office of any Commissioner is filled in the same manner as the original appointment. An individual appointed to fill a vacancy is appointed only for the unexpired term of the individual being succeeded.

(4)Term Limits.

(i)Commissioners initially appointed and confirmed before December 18, 2014. When a Commissioner's term ends, the Commissioner may continue to serve until a successor is appointed and qualified.

(ii)Commissioners initially appointed and confirmed on or after December 18, 2014.

(A) When a Commissioner's term ends, the Commissioner may continue to serve until a successor is appointed and qualified, limited to a period not to exceed one year.

(B) No individual may serve more than two terms, except that an individual appointed to fill a vacancy may serve two terms in addition to the remainder of the term for which the predecessor of that individual was appointed.

(d)Quorum. A vacancy or vacancies in the Commission shall not impair the power of the Commission to execute its functions. The affirmative vote of a majority of the members of the Commission is required to dispose of any matter before the Commission. For purposes of holding a formal meeting for the transaction of the business of the Commission, the actual presence of two Commissioners shall be sufficient. Proxy votes of absent members shall be permitted.

(e)Meetings; records; rules and regulations. The Commission shall, through its Secretary, keep a true record of all its meetings and the yea-and-nay votes taken therein on every action and order approved or disapproved by the Commission. In addition to or in aid of its functions, the Commission adopts rules and regulations in regard to its powers, duties and functions under the shipping statutes it administers.

[ 70 FR 7659, Feb. 15, 2005, as amended at 74 FR 50714, Oct. 1, 2009; 81 FR 10518, Mar. 1, 2016]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
U.S. Code: Title 31 - MONEY AND FINANCE
U.S. Code: Title 41 - PUBLIC CONTRACTS
U.S. Code: Title 44 - PUBLIC PRINTING AND DOCUMENTS
U.S. Code: Title 46 - SHIPPING

§ 301 - General organization

§ 302 - Quorum

§ 303 - Record of meetings and votes

§ 304 - Delegation of authority

§ 305 - Regulations

§ 306 - Annual report

§ 307 - Expenditures

§ 40101 - Purposes

§ 40102 - Definitions

§ 40103 - Administrative exemptions

§ 40104 - Reports filed with the Commission

§ 40301 - Application

§ 40302 - Filing requirements

§ 40303 - Content requirements

§ 40304 - Commission action

§ 40305 - Assessment agreements

§ 40306 - Nondisclosure of information

§ 40307 - Exemption from antitrust laws

§ 40501 - General rate and tariff requirements

§ 40502 - Service contracts

§ 40503 - Refunds and waivers

§ 40701 - Rates

§ 40702 - Rate standards

§ 40703 - Effective date of rates

§ 40704 - Commission review

§ 40705 - Presidential review of Commission orders

§ 40706 - Exceptions

§ 40901 - License requirement

§ 40902 - Financial responsibility

§ 40903 - Suspension or revocation of license

§ 40904 - Compensation by common carriers

§ 41101 - Joint ventures and consortiums

§ 41102 - General prohibitions

§ 41103 - Disclosure of information

§ 41104 - Common carriers

§ 41105 - Concerted action

§ 41106 - Marine terminal operators

§ 41107 - Monetary penalties

§ 41108 - Additional penalties

§ 41109 - Assessment of penalties

§ 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

§ 42101 - Regulations of the Commission

§ 42102 - Regulations of other agencies

§ 42103 - No preference to Government-owned vessels

§ 42104 - Information, witnesses, and evidence

§ 42105 - Disclosure to public

§ 42106 - Other actions to remedy unfavorable conditions

§ 42107 - Refusal of clearance and entry

§ 42108 - Penalty for operating under suspended tariff or service contract

§ 42109 - Consultation with other agencies

§ 44101 - Application

§ 44102 - Financial responsibility to indemnify passengers for nonperformance of transportation

§ 44103 - Financial responsibility to pay liability for death or injury

§ 44104 - Civil penalty

§ 44105 - Refusal of clearance

§ 44106 - Conduct of proceedings

Statutes at Large
Presidential Documents

Reorganization ... 1961 Plan No. 7

Title 46 published on 2015-12-02

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 46 CFR Part 501 after this date.

  • 2016-08-15; vol. 81 # 157 - Monday, August 15, 2016
    1. 81 FR 53986 - Ocean Common Carrier and Marine Terminal Operator Agreements Subject to the Shipping Act of 1984
      GPO FDSys XML | Text
      FEDERAL MARITIME COMMISSION
      Notice of proposed rulemaking.
      Submit comments on or before: October 17, 2016. In compliance with the Paperwork Reduction Act, the Commission is also seeking comment on revisions to an information collection. See the Paperwork Reduction Act section under Regulatory Analyses and Notices below. Please submit all comments relating to the revised information collection to the Commission and to the Office of Management and Budget (OMB) at the address listed in the ADDRESSES section on or before October 17, 2016. Comments to OMB are most useful if submitted within 30 days of publication.
      46 CFR Parts 501 and 535

Title 46 published on 2015-12-02.

The following are only the Rules published in the Federal Register after the published date of Title 46.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2016-03-01; vol. 81 # 40 - Tuesday, March 1, 2016
    1. 81 FR 10508 - Organization and Functions; Rules of Practice and Procedure; Attorney Fees
      GPO FDSys: XML | Text
      FEDERAL MARITIME COMMISSION
      Final rule.
      This final rule is effective: March 1, 2016.
      46 CFR Parts 501 and 502