Page:United States Statutes at Large Volume 120.djvu/1561

 120 STAT. 1530

PUBLIC LAW 109–304—OCT. 6, 2006

‘‘(c) INTERCONFERENCE AGREEMENTS.—Each agreement between carriers not members of the same conference must provide the right of independent action for each carrier. Each agreement between conferences must provide the right of independent action for each conference. ‘‘(d) VESSEL SHARING AGREEMENTS.— ‘‘(1) IN GENERAL.—An ocean common carrier that is the owner, operator, or bareboat, time, or slot charterer of a liner vessel documented under section 12103 or 12111(c) of this title may agree with an ocean common carrier described in paragraph (2) to which it charters or subcharters the vessel or space on the vessel that the charterer or subcharterer may not use or make available space on the vessel for the carriage of cargo reserved by law for vessels of the United States. ‘‘(2) CARRIER DESCRIBED.—An ocean common carrier described in this paragraph is one that is not the owner, operator, or bareboat charterer for at least one year of liner vessels of the United States that are eligible to be included in the Maritime Security Fleet Program and are enrolled in an Emergency Preparedness Program under chapter 531 of this title. Federal Register, publication. Deadline.

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13:05 Jul 12, 2007

‘‘§ 40304. Commission action ‘‘(a) NOTICE OF FILING.—Within 7 days after an agreement is filed, the Federal Maritime Commission shall transmit a notice of the filing to the Federal Register for publication. ‘‘(b) PRELIMINARY REVIEW AND REJECTION.—After preliminary review, the Commission shall reject an agreement that it finds does not meet the requirements of sections 40302 and 40303 of this title. The Commission shall notify in writing the person filing the agreement of the reason for rejection. ‘‘(c) REVIEW AND EFFECTIVE DATE.—Unless rejected under subsection (b), an agreement (other than an assessment agreement) is effective— ‘‘(1) on the 45th day after filing, or on the 30th day after notice of the filing is published in the Federal Register, whichever is later; or ‘‘(2) if additional information or documents are requested under subsection (d)— ‘‘(A) on the 45th day after the Commission receives all the additional information and documents; or ‘‘(B) if the request is not fully complied with, on the 45th day after the Commission receives the information and documents submitted and a statement of the reasons for noncompliance with the request. ‘‘(d) REQUEST FOR ADDITIONAL INFORMATION.—Before the expiration of the period specified in subsection (c)(1), the Commission may request from the person filing the agreement any additional information and documents the Commission considers necessary to make the determinations required by this section. ‘‘(e) MODIFICATION OF REVIEW PERIOD.— ‘‘(1) SHORTENING.—On request of the party filing an agreement, the Commission may shorten a period specified in subsection (c), but not to a date that is less than 14 days after notice of the filing of the agreement is published in the Federal Register. ‘‘(2) EXTENSION.—The period specified in subsection (c)(2) may be extended only by the United States District Court

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