Page:United States Statutes at Large Volume 120.djvu/1579

 120 STAT. 1548

PUBLIC LAW 109–304—OCT. 6, 2006

‘‘§ 41308. Enforcement of subpoenas and orders ‘‘(a) CIVIL ACTION.—If a person does not comply with a subpoena or order of the Federal Maritime Commission, the Attorney General, at the request of the Commission, or an injured party, may seek enforcement in a district court of the United States having jurisdiction over the parties. If, after hearing, the court determines that the subpoena or order was regularly made and duly issued, the court shall enforce the subpoena or order. ‘‘(b) TIME LIMIT ON BRINGING ACTIONS.—An action under this section to enforce an order of the Commission must be brought within 3 years after the date the order was violated. ‘‘§ 41309. Enforcement of reparation orders ‘‘(a) CIVIL ACTION.—If a person does not comply with an order of the Federal Maritime Commission for the payment of reparation, the person to whom the award was made may seek enforcement of the order in a district court of the United States having jurisdiction over the parties. ‘‘(b) PARTIES AND SERVICE OF PROCESS.—All parties in whose favor the Commission has made an award of reparation by a single order may be joined as plaintiffs, and all other parties in the order may be joined as defendants, in a single action in a judicial district in which any one plaintiff could maintain an action against any one defendant. Service of process against a defendant not found in that district may be made in a district in which any office of that defendant is located or in which any port of call on a regular route operated by that defendant is located. Judgment may be entered for any plaintiff against the defendant liable to that plaintiff. ‘‘(c) NATURE OF REVIEW.—In an action under this section, the findings and order of the Commission are prima facie evidence of the facts stated in the findings and order. ‘‘(d) COSTS AND ATTORNEY FEES.—The plaintiff is not liable for costs of the action or for costs of any subsequent stage of the proceedings unless they accrue on the plaintiff’s appeal. A prevailing plaintiff shall be allowed reasonable attorney fees to be assessed and collected as part of the costs of the action. ‘‘(e) TIME LIMIT ON BRINGING ACTIONS.—An action under this section to enforce an order of the Commission must be brought within 3 years after the date the order was violated.

‘‘PART B—ACTIONS TO ADDRESS FOREIGN PRACTICES ‘‘CHAPTER 421—REGULATIONS AFFECTING SHIPPING IN FOREIGN TRADE ‘‘Sec. ‘‘42101. ‘‘42102. ‘‘42103. ‘‘42104. ‘‘42105. ‘‘42106. ‘‘42107. ‘‘42108. ‘‘42109.

Regulations of the Commission. Regulations of other agencies. No preference to Government-owned vessels. Information, witnesses, and evidence. Disclosure to public. Other actions to remedy unfavorable conditions. Refusal of clearance and entry. Penalty for operating under suspended tariff or service contract. Consultation with other agencies.

‘‘§ 42101. Regulations of the Commission ‘‘(a) UNFAVORABLE CONDITIONS.—To further the objectives and policy set forth in section 50101 of this title, the Federal Maritime

VerDate 14-DEC-2004

13:05 Jul 12, 2007

Jkt 059194

PO 00002

Frm 00292

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.109

APPS06

PsN: PUBL002

�