---
kind: "section"
citation: "46 U.S.C. § 40104"
title: "46"
title_heading: "Shipping"
number: "40104"
heading: "Reports filed with the Commission"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/46/40104"
units:
  - "Subtitle IV — Regulation of Ocean Shipping"
  - "Part A — Ocean Shipping"
  - "Chapter 401 — General"
---

# §40104. Reports filed with the Commission

- (a) **Reports.—**
  - (1) **In general.—** The Federal Maritime [Commission](/usc/46/42501.md?p=1) may require a [common carrier](/usc/46/40102.md?p=7) or [marine terminal operator](/usc/46/40102.md?p=15), or an officer, receiver, trustee, lessee, agent, or employee of the [common carrier](/usc/46/40102.md?p=7) or [marine terminal operator](/usc/46/40102.md?p=15) to file with the [Commission](/usc/46/42501.md?p=1) a periodical or special report, an account, record, rate, or charge, or a memorandum of facts and transactions related to the business of the [common carrier](/usc/46/40102.md?p=7) or [marine terminal operator](/usc/46/40102.md?p=15), as applicable.
  - (2) **Requirements.—** Any report, account, record, rate, charge, or memorandum required to be filed under [paragraph (1)](#a-1) shall—
    - (A) be made under oath if the [Commission](/usc/46/42501.md?p=1) requires; and
    - (B) be filed in the form and within the time prescribed by the [Commission](/usc/46/42501.md?p=1).
  - (3) **Limitation.—** The [Commission](/usc/46/42501.md?p=1) shall—
    - (A) limit the scope of any filing ordered under this section to fulfill the objective of the order; and
    - (B) provide a reasonable period of time for respondents to respond based upon their capabilities and the scope of the order.
- (b) **Conference Minutes.—** [Conference](/usc/46/40102.md?p=8) minutes required to be filed with the [Commission](/usc/46/42501.md?p=1) under this section may not be released to third parties or published by the [Commission](/usc/46/42501.md?p=1).

## Source credit

(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1527; Pub. L. 115–282, title VII, § 705, Dec. 4, 2018, 132 Stat. 4294.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 40104 | 46 App.:1714. | Pub. L. 98–237, § 15, Mar. 20, 1984, 98 Stat. 84; Pub. L. 98–595, § 3(b)(3), Oct. 30, 1984, 98 Stat. 3133; Pub. L. 105–258, title I, § 113, Oct. 14, 1998, 112 Stat. 1912. |

### Editorial Notes

### Amendments

2018—Subsec. (a). Pub. L. 115–282 amended subsec. (a) generally. Prior to amendment, text read as follows: “The Federal Maritime Commission may require a common carrier or an officer, receiver, trustee, lessee, agent, or employee of the carrier to file with the Commission a periodical or special report, an account, record, rate, or charge, or a memorandum of facts and transactions related to the business of the carrier. The report, account, record, rate, charge, or memorandum shall be made under oath if the Commission requires, and shall be filed in the form and within the time prescribed by the Commission.”