View all text of Part 5 [§ 3791 - § 3795]
§ 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
(c) Publication of notice of changes in rules of measurement and rates of tolls in Federal Register
(d) Judicial review
(Pub. L. 96–70, title I, § 1604, Sept. 27, 1979, 93 Stat. 490; Pub. L. 104–106, div. C, title XXXV, § 3528, Feb. 10, 1996, 110 Stat. 641.)