---
kind: "section"
citation: "46 C.F.R. § 560.4"
title: "46"
number: "560.4"
heading: "Proceeding."
url: "https://uscodex.org/cfr/46/560.4"
---

# §560.4. Proceeding.

- (a) Upon the Commission's own motion or upon the filing of a petition which meets the requirements of [§ 560.3](/cfr/46/560.3.md), when there are indications that conditions unduly impairing the access of a U.S. flag vessel to trade between foreign ports may exist, the Commission will institute a proceeding pursuant to this part.
- (b)
  - (1) Notice of the institution of any such proceeding will be published in the Federal Register, and that notice and petition, if any, will be served on the parties.
  - (2) Interested or adversely affected persons will be allowed a period of time to reply to the petition by the submission of written data, views or legal arguments pursuant to [§ 560.5](/cfr/46/560.5.md) of this part. Factual submissions shall be in affidavit form.
  - (3) An original and 15 copies of such submissions will be filed with the Secretary, Federal Maritime Commission, Washington, DC 20573.
- (c) Following the close of the initial response period, the Commission may issue a decision or order further hearings if warranted. If further hearings are ordered, they will be conducted pursuant to procedures to be outlined by the Commission in its order.

## Notes

### Amendments

[49 FR 45406, Nov. 15, 1984. Redesignated at 64 FR 8009, Feb. 18, 1999, and amended at 67 FR 39862, June 11, 2002]

### Authority

Authority: 5 U.S.C. 553; secs. 13(b)(6), 15 and 17 of the Shipping Act of 1984, 46 U.S.C. 305, 40104, and 41108(d); sec. 10002 of the Foreign Shipping Practices Act of 1988 (46 U.S.C. 42301-42307).

### Source

Source: 49 FR 45406, Nov. 15, 1984, unless otherwise noted. Redesignated at 64 FR 8009, Feb. 18, 1999.

### Amendments

[49 FR 45406, Nov. 15, 1984. Redesignated at 64 FR 8009, Feb. 18, 1999, and amended at 67 FR 39862, June 11, 2002]