120 STAT. 1550
PUBLIC LAW 109–304—OCT. 6, 2006
be made under oath. The response shall be provided in the form and within the time specified by the Commission. ‘‘(b) SUBPOENAS AND DISCOVERY.—In carrying out section 42101 of this title, the Commission 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 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 may— ‘‘(1) after notice and opportunity for a hearing, suspend tariffs and service contracts of a common carrier or the common carrier’s right to use tariffs of conferences and service contracts of agreements 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 under this section, the Commission 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. ‘‘§ 42105. Disclosure to public ‘‘Notwithstanding any other provision of law, the Federal Maritime Commission may refuse to disclose to the public a response or other information submitted to it under this chapter. ‘‘§ 42106. Other actions to remedy unfavorable conditions ‘‘If the Federal Maritime Commission finds that conditions unfavorable to shipping in foreign trade as described in section 42101 of this title exist, the Commission may— ‘‘(1) limit voyages to and from United States ports or the amount or type of cargo carried; ‘‘(2) suspend, in whole or in part, tariffs and service contracts for carriage to or from United States ports, including a common carrier’s right to use tariffs of conferences and service contracts of agreements in United States trades of which it is a member for any period the Commission specifies; ‘‘(3) suspend, in whole or in part, an ocean common carrier’s right to operate under any agreement filed with the Commission, including any agreement authorizing preferential treatment at terminals, preferential terminal leases, space chartering, or pooling of cargo or revenue with other ocean common carriers; ‘‘(4) impose a fee not to exceed $1,000,000 per voyage; or ‘‘(5) take any other action the Commission finds necessary and appropriate to adjust or meet any condition unfavorable to shipping in the foreign trade of the United States.
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