Page:United States Statutes at Large Volume 104 Part 4.djvu/664

 104 STAT. 2980 PUBLIC LAW 101-595 —NOV. 16, 1990 report, answers to questions, documentary material, or other information which the Commission considers necessary or appropriate; "(b) the Commission may require a report or answers to questions to be made under oath; "(c) the Commission may prescribe the form and the time for response to a report and answers to questions; and "(d) a person who fails to file a report, answer, documentary material, or other information required under this paragraph shall be liable to the United States Government for a civil penalty of not more than $5,000 for each day that the information is not provided. "(7) In proceedings under paragraph (l)(b) of this section— "(a) the Commission may authorize a party to use depositions, written interrogatories, and discovery procedures that, to the extent practicable, are in conformity with the rules applicable in civil proceedings in the district courts of the United States; "(b) the Commission may by subpoena compel the attendance of witnesses and the production of books, papers, documents, and other evidence; "(c) subject to funds being provided by appropriations Acts, witnesses are, unless otherwise prohibited by law, entitled to the same fees and mileage as in the courts of the United States; "(d) for failure to supply information ordered to be produced or compelled by subpoena in proceedings under paragraph (l)(b)(7) of this section, the Commission may— "(i) after notice and an opportunity for hearing, suspend tariffs of a common carrier or that common carrier's right to use the tariffs of conferences of which it is a member, or "(ii) assess a civil penalty of not more than $5,000 for each day that the information is not provided; and "(e) when a person violates an order of the Commission or fails to comply with a subpoena, the Commission may seek enforcement by a United States district court having jurisdiction over the parties, and if, after hearing, the court determines that the order was regularly made and duly issued, it shall enforce the order by an appropriate injunction or other process, mandatory or otherwise, "(8) Notwithstanding any other law, the Commission may refuse to disclose to the public a response or other information provided under the terms of this section. "(9) If the Commission finds that conditions that are unfavorable to shipping under paragraph (l)(b) of this section exist, the Commission may— "(a) limit sailings to and from United States ports or the amount or type of cargo carried; "(b) suspend, in whole or in part, tariffs filed with the Commission for carriage to or from United States ports, including a common carrier's right to use tariffs of conferences in United States trades of which it is a member for any period the (llommission specifies; "(c) suspend, in whole or in part, an ocean common carrier's right to operate under an agreement filed with the Commission, including any agreement authorizing preferential treatment at terminals, preferential terminal leases, space chartering, or pooling of cargoes or revenue with other ocean common carriers;

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