Page:United States Statutes at Large Volume 98 Part 1.djvu/132

 98 STAT. 84

PUBLIC LAW 98-237—MAR. 20, 1984 other parties in the order may be joined as defendants, in a single suit in a district in which any one plaintiff could maintain a suit against any one defendant. Service of process against a defendant not found in that district may be made in a district in which is located any office of, or point of call on a regular route operated by, that defendant. Judgment may be entered in favor of any plaintiff against the defendant liable to that plaintiff. (e) STATUTE OF LIMITATIONS.—An action seeking enforcement of a Commission order must be filed within 3 years after the date of the violation of the order.

46 USC app. 1714.

SEC. 15. REPORTS AND CERTIFICATES.

(a) REPORTS.—The Commission may require any common carrier, or any officer, receiver, trustee, lessee, agent, or employee thereof, to file with it any periodical or special report or any account, record, rate, or charge, or memorandum of any facts and transactions appertaining to the business of that common carrier. The report, account, record, rate, charge, or memorandum shall be made under oath whenever the Commission so requires, and shall be furnished in the form and within the time prescribed by the Commission. Conference minutes required to be filed with the Commission under this section shall not be released to third parties or published by the Commission. (b) CERTIFICATION.—The Commission shall require the chief executive officer of each common carrier and, to the extent it deems feasible, may require any shipper, shippers' association, marine terminal operator, ocean freight forwarder, or broker to file a periodic written certification made under oath with the Commission attesting to— (1) a policy prohibiting the payment, solicitation, or receipt of any rebate that is unlawful under the provisions of this Act; (2) the fact that this policy has been promulgated recently to each owner, officer, employee, and agent thereof; (3) the details of the efforts made within the company or otherwise to prevent or correct illegal rebating; and (4) a policy of full cooperation with the Commission in its efforts to end those illegal practices. Failure to file a certification shall result in a civil penalty of not more than $5,000 for each day the violation continues. 46 USC app. 1715.

SEC. 16. EXEMPTIONS. „,, ^ ..

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The Commission, upon application or on its own motion, may by order or rule exempt for the future any class of agreements between persons subject to this Act or any specified activity of those persons from any requirement of this Act if it finds that the exemption will not substantially impair effective regulation by the Commission, be unjustly discriminatory, result in a substantial reduction in competition, or be detrimental to commerce. The Commission may attach conditions to any exemption and may, by order, revoke any exemption. No order or rule of exemption or revocation of exemption may be issued unless opportunity for hearing has been afforded interested persons and departments and agencies of the United States. 46 USC app.

SEC. 17. REGULATIONS.

1716

(a) The Commission may prescribe rules and regulations as necessary to carry out this Act.

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