---
kind: "section"
citation: "46 U.S.C. § 41302"
title: "46"
title_heading: "Shipping"
number: "41302"
heading: "Investigations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/46/41302"
units:
  - "Subtitle IV — Regulation of Ocean Shipping"
  - "Part A — Ocean Shipping"
  - "Chapter 413 — Enforcement"
---

# §41302. Investigations

- (a) **In General.—** The Federal Maritime [Commission](/usc/46/42501.md?p=1), on complaint or its own motion, may investigate any conduct, [agreement](/usc/46/40102.md?p=1), fee, or charge that the [Commission](/usc/46/42501.md?p=1) believes may be in violation of this part. The [Commission](/usc/46/42501.md?p=1) may by order disapprove, cancel, or modify any [agreement](/usc/46/40102.md?p=1) that operates in violation of this part.
- (b) **Effectiveness of Agreement, Fee, or Charge During Investigation.—** Unless an injunction is issued under section [41306](/usc/46/41306.md) or [41307](/usc/46/41307.md) of this title, an [agreement](/usc/46/40102.md?p=1), fee, or charge under investigation by the [Commission](/usc/46/42501.md?p=1) remains in effect until the [Commission](/usc/46/42501.md?p=1) issues its order.
- (c) **Date for Decision.—** Within 10 days after the initiation of a proceeding under this section or [section 41301 of this title](/usc/46/41301.md), the [Commission](/usc/46/42501.md?p=1) shall set a date by which it will issue its final decision. The [Commission](/usc/46/42501.md?p=1) by order may extend the date for good cause.
- (d) **Sanctions for Delay.—** If, within the period for final decision under [subsection (c)](#c), the [Commission](/usc/46/42501.md?p=1) determines that it is unable to issue a final decision because of undue delay caused by a party to the proceeding, the [Commission](/usc/46/42501.md?p=1) may impose sanctions, including issuing a decision adverse to the delaying party.
- (e) **Report.—** The [Commission](/usc/46/42501.md?p=1) shall make a written report of every investigation under this part in which a hearing was held, stating its conclusions, decisions, findings of fact, and order. The [Commission](/usc/46/42501.md?p=1) shall provide a copy of the report to all parties and publish the report for public information. A published report is competent evidence in a court of the United States.

## Source credit

(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1545; Pub. L. 117–146, § 11(a), June 16, 2022, 136 Stat. 1278; Pub. L. 118–159, div. C, title XXXV, § 3535(f), Dec. 23, 2024, 138 Stat. 2315.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 41302(a) | 46 App.:1710(c) (1st, 3d sentences). | Pub. L. 98–237, § 11(c)–(f), Mar. 20, 1984, 98 Stat. 80. |
| 41302(b) | 46 App.:1710(c) (2d sentence). |  |
| 41302(c) | 46 App.:1710(d). |  |
| 41302(d) | 46 App.:1710(e). |  |
| 41302(e) | 46 App.:1710(f). |  |

### Editorial Notes

### Amendments

2024—Subsec. (a). Pub. L. 118–159 substituted “conduct, agreement” for “conduct agreement”.

2022—Subsec. (a). Pub. L. 117–146, § 11(a)(1), substituted “agreement, fee, or charge” for “or agreement”.

Subsec. (b). Pub. L. 117–146, § 11(a)(2)(B), inserted “, fee, or charge” after “agreement”.

Pub. L. 117–146, § 11(a)(2)(A), substituted “Agreement, Fee, or Charge” for “Agreement” in heading. Quoted text appearing in directory language was conformed to the style used in this title to reflect the probable intent of Congress.