
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC3794]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                        CHAPTER 51--PANAMA CANAL
 
              SUBCHAPTER I--ADMINISTRATION AND REGULATIONS
 
                  Part 6--Tolls for Use of Panama Canal
 
Sec. 3794. Procedures


(a) Publication of notice of proposed changes in rules of measurement 
        and rates of tolls in Federal Register; participation by 
        interested parties; availability of analysis

    The Commission shall publish in the Federal Register notice of any 
proposed change in the rules of measurement or rates of tolls referred 
to in section 3791 of this title. The Commission shall give interested 
parties an opportunity to participate in the proceedings through 
submission of written data, views, or arguments, and participation in a 
public hearing to be held not less than 30 days after the date of 
publication of the notice. The notice shall include the substance of the 
proposed change and a statement of the time, place, and nature of the 
proceedings. At the time of publication of such notice, the Commission 
shall make available to the public an analysis showing the basis and 
justification for the proposed change, which, in the case of a change in 
rates of tolls, shall indicate the conformity of the existing and 
proposed rates of tolls with the requirements of section 3792 of this 
title, and the Commission's adherence to the requirement for full 
consideration of the following factors set forth in Understanding (1) 
incorporated in the Resolution of Ratification of the Treaty Concerning 
the Permanent Neutrality and Operation of the Panama Canal (adopted by 
the United States Senate on March 16, 1978):
        (1) the costs of operating and maintaining the Panama Canal;
        (2) the competitive position of the use of the Canal in relation 
    to other means of transportation;
        (3) the interests of the United States and the Republic of 
    Panama in maintaining their domestic fleets;
        (4) the impact of such a change in rates of tolls on the various 
    geographical areas of each of the two countries; and
        (5) the interests of both countries in maximizing their 
    international commerce.

(b) Revision of proposed rules of measurement or rates of tolls

    After consideration of the relevant matter presented, the Commission 
may revise the proposed rules of measurement or rates of tolls, as the 
case may be, except that, in the case of rates of tolls, if such 
revision proposes rates greater than those originally proposed, a new 
analysis of the proposed rates shall be made available to the public, 
and a new notice of the revised proposal shall be published in the 
Federal Register apprising interested persons of the opportunity to 
participate further in the proceedings through submission of written 
data, views, or arguments, and participation in a public hearing to be 
held not less than 30 days after the date of publication of the new 
notice. The procedure set forth in this subsection shall be followed for 
any subsequent revision of the proposed rates of tolls by the Commission 
which proposes rates higher than those in the preceding proposal.

(c) Publication of notice of changes in rules of measurement and rates 
        of tolls in Federal Register

    After the proceedings have been conducted pursuant to subsections 
(a) and (b) of this section, the Commission may change the rules of 
measurement or rates of tolls, as the case may be. The Commission shall 
publish notice of any such change in the Federal Register not less than 
30 days before the effective date of the change.

(d) Judicial review

    Action to change the rules of measurement for the Panama Canal or 
the rates of tolls for the use of the Canal pursuant to this part shall 
be subject to judicial review in accordance with chapter 7 of title 5.

(Pub. L. 96-70, title I, Sec. 1604, Sept. 27, 1979, 93 Stat. 490; Pub. 
L. 104-106, div. C, title XXXV, Sec. 3528, Feb. 10, 1996, 110 Stat. 
641.)


                               Amendments

    1996--Subsec. (a). Pub. L. 104-106, Sec. 3528(1), substituted 
``3791'' for ``3791(a)''.
    Subsec. (c). Pub. L. 104-106, Sec. 3528(2), amended subsec. (c) 
generally. Prior to amendment, subsec. (c) read as follows: ``After the 
proceedings have been conducted pursuant to subsections (a) and (b) of 
this section, the Commission shall publish in the Federal Register a 
notice of the changes in the rules of measurement or rates of tolls, as 
the case may be, to be recommended to the President.''
    Subsec. (d). Pub. L. 104-106, Sec. 3528(3), redesignated subsec. (f) 
as (d) and struck out former subsec. (d) which read as follows: ``Upon 
publication of the notice pursuant to subsection (c) of this section, 
the Commission shall forward a complete record of the proceedings, with 
the recommendation of the Commission, to the President for his 
consideration. The President may approve, disapprove, or modify any or 
all of the changes in the rules of measurement or rates of tolls 
recommended by the Commission.''
    Subsec. (e). Pub. L. 104-106, Sec. 3528(3), struck out subsec. (e) 
which read as follows: ``Rules of measurement or rates of tolls 
prescribed by the President pursuant to this part shall take effect on a 
date prescribed by the President which is not less than 30 days after 
the President publishes such rules or rates in the Federal Register.''
    Subsec. (f). Pub. L. 104-106, Sec. 3528(3), redesignated subsec. (f) 
as (d).
