U.S. Code » Title 46 » Subtitle Subtitle IV— Regulation of Ocean Shipping › Part Part A— Ocean Shipping › Chapter CHAPTER 413— ENFORCEMENT

46 U.S.C. § 41301

Complaints

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(a)In General.—A person may file with the Federal Maritime Commission a sworn complaint alleging a violation of this part, except section 41307(b)(1). If the complaint is filed within 3 years after the claim accrues, the complainant may seek reparations for an injury to the complainant caused by the violation.(b)Notice and Response.—The Commission shall provide a copy of the complaint to the person named in the complaint. Within a reasonable time specified by the Commission, the person shall satisfy the complaint or answer it in writing.(c)If Complaint Not Satisfied.—If the complaint is not satisfied, the Commission shall investigate the complaint in an appropriate manner and make an appropriate order.(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1545.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

41301(a)

46 App.:1710(a), (g) (related to time limit).

Pub. L. 98–237, § 11(a), (b), (g) (related to time limit), Mar. 20, 1984, 98 Stat. 80; Pub. L. 98–595, § 3(b)(2), Oct. 30, 1984, 98 Stat. 3132; Pub. L. 105–258, title I, § 110, Oct. 14, 1998, 112 Stat. 1911.

41301(b)

46 App.:1710(b) (1st sentence).

41301(c)

46 App.:1710(b) (last sentence).

In subsection (a), the words “If the complaint is filed within 3 years after the claim accrues” are substituted for “For any complaint filed within 3 years after the cause of action accrued” in 46 App. U.S.C. 1710(g) to alert the reader to that time limitation.

Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 2009–2026 · leading case: In Re Veh. Carrier Servs. Antitrust Litig., 846 F.3d 71 (3d Cir. 2017).
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In Re Veh. Carrier Servs. Antitrust Litig., 846 F.3d 71 (3d Cir. 2017). “Either on a complaint filed by a private party, 46 U.S.C. § 41301 (a), or its own motion, the FMC may investigate alleged violations of the Shipping Act, id § -41302.”
TAG/ICIB Servs., Inc. v. Sedeco Servicio De Descuento en Compras, 570 F.3d 60 (1st Cir. 2009). · cites it 3× “See 46 U.S.C. § 41301 (a). Sedeco challenges this conclusion on appeal.”
MAVL Capital, Inc. v. Marine Transp. Logistics, Inc., 130 F. Supp. 3d 726 (E.D.N.Y 2015). “§ 41304 (before assessing penalties, the FMC shall provide an opportunity for a.”
Adenariwo v. Fed. Mar. Comm'n, 808 F.3d 74 (D.C. Cir. 2015). “On April 18, 2012, the settlement officer issued a decision and order dismissing the claim relating to Container 1 for failure to timely file the complaint within the Shipping Act’s three year statute of limitations, see 46 U.S.C. § 41301 (a), and ordering Adenariwo to obtain a…”
Mercedes-benz USA, LLC, Vs. Nippon Yusen Kabushiki Kaisha (l-6325-18, Bergen Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2020). · cites it 2× “"The FMC's view, which United States shares, is that damages claims under state antitrust law challenging unfiled price-fixing agreements between carriers would not contravene the purposes of the Shipping Act, negatively affect the FMC's enforcement of the Shipping Act,[2] or…”
In re: Veh. Carrier Serv. v. (3d Cir. 2017). “Either on a complaint filed by a private party, 46 U.S.C. § 41301 (a), or its own motion, the FMC may investigate alleged violations of the Shipping Act, id.”
World Shipping Council v. FMC (D.C. Cir. 2026). “46 U.S.C. §§ 41301 (a), 41305(b). Because awarding reparations requires a benchmark, such as a market rate, we presume the Commission has the institutional ability reliably to assess a complainant’s evidence of market rates.”
Evergreen Shipping Agency (Am.) Corp. v. FMC (D.C. Cir. 2026). “See 46 U.S.C. § 41301 (a). Disputes involving amounts under $50,000 may be resolved through an informal small claims process.”
MacBride Nig. Ltd. v. Fed. Mar. Comm'n (D.D.C. 2013). “See 46 U.S.C. § 41301 . Where the claimant requests less than $50,000, the parties may agree to have the claim decided by a Commission Settlement Officer through an informal adjudication process.”
Chief Cargo Servs., Inc. v. Fed. Mar. Comm'n, 586 F. App'x 730 (2d Cir. 2014). “See 46 U.S.C. § 41301 (a) (“A person may file with the [FMC] a sworn complaint alleging a violation of this part.”
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