---
kind: "section"
citation: "46 U.S.C. § 42104"
title: "46"
title_heading: "Shipping"
number: "42104"
heading: "Information, witnesses, and evidence"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/46/42104"
units:
  - "Subtitle IV — Regulation of Ocean Shipping"
  - "Part B — Actions To Address Foreign Practices"
  - "Chapter 421 — Regulations Affecting Shipping in Foreign Trade"
---

# §42104. Information, witnesses, and evidence

- (a) **Order To Supply Information.—** In carrying out [section 42101 of this title](/usc/46/42101.md), the Federal Maritime [Commission](/usc/46/42501.md?p=1) may order any person (including a [common carrier](/usc/46/40102.md?p=7), tramp operator, bulk operator, [shipper](/usc/46/40102.md?p=23), [shippers](/usc/46/40102.md?p=24)’ association, [ocean transportation intermediary](/usc/46/40102.md?p=20), or [marine terminal operator](/usc/46/40102.md?p=15), or an officer, receiver, trustee, lessee, agent, or employee thereof) to file with the [Commission](/usc/46/42501.md?p=1) a report, answers to questions, documentary material, or other information the [Commission](/usc/46/42501.md?p=1) considers necessary or appropriate. The [Commission](/usc/46/42501.md?p=1) may require the response to any such order to be made under oath. The response shall be provided in the form and within the time specified by the [Commission](/usc/46/42501.md?p=1).
- (b) **Subpoenas and Discovery.—** In carrying out [section 42101 of this title](/usc/46/42101.md), the [Commission](/usc/46/42501.md?p=1) may—
  - (1) subpoena witnesses and evidence; and
  - (2) authorize a party to use depositions, written interrogatories, and discovery procedures that, to the extent practicable, conform to the Federal Rules of Civil Procedure (28 App. U.S.C.).
- (c) **Witness Fees.—** Unless otherwise prohibited by law, and subject to funds being appropriated, a witness in a proceeding under [section 42101 of this title](/usc/46/42101.md) is entitled to the same fees and mileage as in the courts of the United States.
- (d) **Penalties.—** For failure to supply information ordered to be produced or compelled by subpoena under this section, the [Commission](/usc/46/42501.md?p=1) may—
  - (1) after notice and opportunity for a hearing, suspend tariffs and [service contracts](/usc/46/40102.md?p=21) of a [common carrier](/usc/46/40102.md?p=7) or the [common carrier](/usc/46/40102.md?p=7)’s right to use tariffs of [conferences](/usc/46/40102.md?p=8) and [service contracts](/usc/46/40102.md?p=21) of [agreements](/usc/46/40102.md?p=1) of which it is a member; or
  - (2) assess a civil penalty of not more than $5,000 for each day that the information is not provided.
- (e) **Enforcement.—** If a person does not comply with an order or subpoena of the [Commission](/usc/46/42501.md?p=1) under this section, the [Commission](/usc/46/42501.md?p=1) may seek enforcement in a district court of the United States having jurisdiction over the parties. If, after hearing, the court determines that the order or subpoena was regularly made and duly issued, the court shall enforce the order or subpoena.

## Source credit

(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1549.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 42104(a) | 46 App.:876(f)(1)–(3). | June 5, 1920, ch. 250, § 19(f), (g); as added Pub. L. 101–595, title I, § 103(2), Nov. 16, 1990, 104 Stat. 2979; Pub. L. 102–587, title VI, § 6205(b)(2), Nov. 4, 1992, 106 Stat. 5094; Pub. L. 105–258, title III, § 301, Oct. 14, 1998, 112 Stat. 1915. |
| 42104(b) | 46 App.:876(g)(1), (2). |  |
| 42104(c) | 46 App.:876(g)(3). |  |
| 42104(d) | 46 App.:876(f)(4), (g)(4). |  |
| 42104(e) | 46 App.:876(g)(5). |  |

In subsections (a) and (b), the words “In carrying out” are substituted for “In furtherance of the purposes of” and “In proceedings under” for clarity and consistency.

In subsection (b)(1), the words “subpoena witnesses and evidence” are substituted for “by subpoena compel the attendance of witnesses and the production of books, papers, documents, and other evidence” for consistency in the revised title and to eliminate unnecessary words.

In subsection (b)(2), the words “conform to the Federal Rules of Civil Procedure (28 App. U.S.C.)” are substituted for “are in conformity with the rules applicable in civil proceedings in the district courts of the United States” for clarity.

In subsection (d)(2), the penalties from 46 App. U.S.C. 876(f)(4) and (g)(4)(B) are combined because they are redundant.

In subsection (e), the words “by an appropriate injunction or other process, mandatory or otherwise” are omitted as unnecessary.