§ 535.607 Failure to comply with requests for additional information.
发布06-20
生效06-20
摘要总结AI 辅助解读
该条款规定了向美国联邦海事委员会（FMC）提交协议时，若未实质性回应补充信息请求的后果。当申报人或其高管、代理人等未在指定时间内提供直接针对请求的充分回应或未说明不合规理由时，即视为违规。FMC可依据《航运法》第6(i)条向哥伦比亚特区地方法院申请救济，包括强制合规、延长审查期直至实质合规或授予其他衡平救济。一旦法院认定存在未实质合规情形，依法必须延长审查期限。此规定主要涉及行政程序中的合规判定与司法救济机制。
- (a) A failure to comply with a request for additional information results when a person filing an agreement, or an officer, director, partner, agent, or employee thereof fails to substantially respond to the request or does not file a satisfactory statement of reasons for noncompliance. An adequate response is one which directly addresses the Commission's request. When a response is not received by the Commission within a specified time, failure to comply will have occurred.
- (b) The Commission may, pursuant to section 6(i) of the Act (46 U.S.C. 41307(c)), request relief from the United States District Court for the District of Columbia when it considers that there has been a failure to substantially comply with a request for additional information. The Commission may request that the court:
- (1) Order compliance with the request;
- (2) Extend the review period until there has been substantial compliance; or
- (3) Grant other equitable relief that under the circumstances seems necessary or appropriate.
- (c) Where there has been a failure to substantially comply, section 6(i)(2) of the Act (46 U.S.C. 41307(c)(2)) provides that the court shall extend the review period until there has been substantial compliance.
[69 FR 64414, Nov. 4, 2004, as amended at 74 FR 50729, Oct. 1, 2009]