dreamproit/uscode huggingface dataset:
49 U.S.C. § 14916 (TRANSPORTATION)
§ 14916. Unlawful brokerage activities
(a) Prohibited Activities.—
A person may provide interstate brokerage services as a broker only if that person—
(1) is registered under, and in compliance with, section 13904; and
(2) has satisfied the financial security requirements under section 13906.
(b) Exceptions.—
Subsection (a) shall not apply to—
(1) a non-vessel-operating common carrier (as defined in section 40102 of title 46) or an ocean freight forwarder (as defined in section 40102 of title 46) when arranging for inland transportation as part of an international through movement involving ocean transportation between the United States and a foreign port;
(2) a customs broker licensed in accordance with section 111.2 of title 19, Code of Federal Regulations, only to the extent that the customs broker is engaging in a movement under a customs bond or in a transaction involving customs business, as defined by section 111.1 of title 19, Code of Federal Regulations; or
(3) an indirect air carrier holding a Standard Security Program approved by the Transportation Security Administration, only to the extent that the indirect air carrier is engaging in the activities as an air carrier as defined in section 40102(2) or in the activities defined in section 40102(3).
(c) Civil Penalties and Private Cause of Action.—
Any person who knowingly authorizes, consents to, or permits, directly or indirectly, either alone or in conjunction with any other person, a violation of subsection (a) is liable—
(1) to the United States Government for a civil penalty in an amount not to exceed $10,000 for each violation; and
(2) to the injured party for all valid claims incurred without regard to amount.
(d) Liable Parties.—
The liability for civil penalties and for claims under this section for unauthorized brokering shall apply, jointly and severally—
(1) to any corporate entity or partnership involved; and
(2) to the individual officers, directors, and principals of such entities.
(Added Pub. L. 112–141, div. C, title II, § 32919(a), July 6, 2012, 126 Stat. 827.)
heading: Effective Date
text: Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
49 U.S.C. § 15101 (TRANSPORTATION)
§ 15101. Transportation policy
(a) In General.—
To ensure the development, coordination, and preservation of a transportation system that meets the transportation needs of the United States, including the national defense, it is the policy of the United States Government to oversee the modes of transportation and in overseeing those modes—
(1) to recognize and preserve the inherent advantage of each mode of transportation;
(2) to promote safe, adequate, economical, and efficient transportation;
(3) to encourage sound economic conditions in transportation, including sound economic conditions among carriers;
(4) to encourage the establishment and maintenance of reasonable rates for transportation without unreasonable discrimination or unfair or destructive competitive practices;
(5) to cooperate with each State and the officials of each State on transportation matters; and
(6) to encourage fair wages and working conditions in the transportation industry.
(b) Administration To Carry Out Policy.—
This part shall be administered and enforced to carry out the policy of this section.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 921; amended Pub. L. 105–102, § 2(13), Nov. 20, 1997, 111 Stat. 2205.)
heading: Historical and Revision Notes
heading: Pub. L. 105–102
text: This amends 49:15101(a) to correct a grammatical error.
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10101 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
heading: Amendments
text: 1997—Subsec. (a). Pub. L. 105–102 struck out “of” after “Government to oversee”.
heading: Effective Date
text: Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
heading: GAO Report
text: Pub. L. 104–88, title I, § 106(b), Dec. 29, 1995, 109 Stat. 932, provided that: “Within 3 years after the effective date of this Act [Jan. 1, 1996, except as otherwise provided, see Effective Date note set out under section 701 of this title], the Comptroller General shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report regarding the impact of regulations under part C [of subtitle IV] of title 49, United States Code, on the competitiveness of pipelines and recommend whether to continue, revise, or sunset such regulations. Congress shall take into account the findings of this report when considering the Board’s [Surface Transportation Board] reauthorization.”
49 U.S.C. § 15102 (TRANSPORTATION)
§ 15102. Definitions
In this part—
(1) Board.—
The term “Board” means the Surface Transportation Board.
(2) Pipeline carrier.—
The term “pipeline carrier” means a person providing pipeline transportation for compensation.
(3) Rate.—
The term “rate” means a rate or charge for transportation.
(4) State.—
The term “State” means a State of the United States and the District of Columbia.
(5) Transportation.—
The term “transportation” includes—
(A) property, facilities, instrumentalities, or equipment of any kind related to the movement of property, regardless of ownership or an agreement concerning use; and
(B) services related to that movement, including receipt, delivery, transfer in transit, storage, handling, and interchange of property.
(6) United states.—
The term “United States” means the States of the United States and the District of Columbia.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 921.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10102 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 15103 (TRANSPORTATION)
§ 15103. Remedies as cumulative
Except as otherwise provided in this part, the remedies provided under this part are in addition to remedies existing under another law or common law.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 922.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10103 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 15301 (TRANSPORTATION)
§ 15301. General pipeline jurisdiction
(a) In General.—
The Board has jurisdiction over transportation by pipeline, or by pipeline and railroad or water, when transporting a commodity other than water, gas, or oil. Jurisdiction under this subsection applies only to transportation in the United States between a place in—
(1) a State and a place in another State;
(2) the District of Columbia and another place in the District of Columbia;
(3) a State and a place in a territory or possession of the United States;
(4) a territory or possession of the United States and a place in another such territory or possession;
(5) a territory or possession of the United States and another place in the same territory or possession;
(6) the United States and another place in the United States through a foreign country; or
(7) the United States and a place in a foreign country.
(b) No Jurisdiction Over Intrastate Transportation.—
The Board does not have jurisdiction under subsection (a) over the transportation of property, or the receipt, delivery, storage, or handling of property, entirely in a State (other than the District of Columbia) and not transported between a place in the United States and a place in a foreign country except as otherwise provided in this part.
(c) Protection of States Powers.—
This part does not affect the power of a State, in exercising its police power, to require reasonable intrastate transportation by carriers providing transportation subject to the jurisdiction of the Board under this chapter unless the State requirement is inconsistent with an order of the Board issued under this part or is prohibited under this part.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 922.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10501 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
heading: Effective Date
text: Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
49 U.S.C. § 15302 (TRANSPORTATION)
§ 15302. Authority to exempt pipeline carrier transportation
(a) In General—
In a matter related to a pipeline carrier providing transportation subject to jurisdiction under this chapter, the Board shall exempt a person, class of persons, or a transaction or service when the Board finds that the application, in whole or in part, of a provision of this part—
(1) is not necessary to carry out the transportation policy of section 15101; and
(2) either (A) the transaction or service is of limited scope, or (B) the application, in whole or in part, of the provision is not needed to protect shippers from the abuse of market power.
(b) Initiation of Proceeding.—
The Board may, where appropriate, begin a proceeding under this section on its own initiative or an interested party.
(c) Period of Exemption.—
The Board may specify the period of time during which an exemption granted under this section is effective.
(d) Revocation.—
The Board may revoke an exemption, to the extent it specifies, when it finds that application, in whole or in part, of a provision of this part to the person, class, or transportation is necessary to carry out the transportation policy of section 15101.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 923.)
49 U.S.C. § 15501 (TRANSPORTATION)
§ 15501. Standards for pipeline rates, classifications, through routes, rules, and practices
(a) Reasonableness.—
A rate, classification, rule, or practice related to transportation or service provided by a pipeline carrier subject to this part must be reasonable. A through route established by such a carrier must be reasonable.
(b) Nondiscrimination.—
A pipeline carrier providing transportation subject to this part may not discriminate in its rates against a connecting line of any other pipeline, rail, or water carrier providing transportation subject to this subtitle or unreasonably discriminate against that line in the distribution of traffic that is not routed specifically by the shipper.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 923.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10701 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
heading: Effective Date
text: Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
49 U.S.C. § 15502 (TRANSPORTATION)
§ 15502. Authority for pipeline carriers to establish rates, classifications, rules, and practices
A pipeline carrier providing transportation or service subject to this part shall establish—
(1) rates and classifications for transportation and service it may provide under this part; and
(2) rules and practices on matters related to that transportation or service.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 923.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10702 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 15503 (TRANSPORTATION)
§ 15503. Authority and criteria: rates, classifications, rules, and practices prescribed by Board
(a) In General.—
When the Board, after a full hearing, decides that a rate charged or collected by a pipeline carrier for transportation subject to this part, or that a classification, rule, or practice of that carrier, does or will violate this part, the Board may prescribe the rate, classification, rule, or practice to be followed. In prescribing the rate, classification, rule, or practice, the Board may utilize rate reasonableness procedures that provide an effective simulation of a market-based price for a stand alone pipeline. The Board may order the carrier to stop the violation. When a rate, classification, rule, or practice is prescribed under this subsection, the affected carrier may not publish, charge, or collect a different rate and shall adopt the classification and observe the rule or practice prescribed by the Board.
(b) Factors To Consider.—
When prescribing a rate, classification, rule, or practice for transportation or service by a pipeline carrier, the Board shall consider, among other factors—
(1) the effect of the prescribed rate, classification, rule, or practice on the movement of traffic by that carrier;
(2) the need for revenues that are sufficient, under honest, economical, and efficient management, to let the carrier provide that transportation or service; and
(3) the availability of other economic transportation alternatives.
(c) Proceeding.—
The Board may begin a proceeding under this section on complaint. A complaint under this section must contain a full statement of the facts and the reasons for the complaint and must be made under oath.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 924.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10704 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 15504 (TRANSPORTATION)
§ 15504. Government traffic
A pipeline carrier providing transportation or service for the United States Government may transport property for the United States Government without charge or at a rate reduced from the applicable commercial rate. Section 6101(b) to (d) of title 41 does not apply when transportation for the United States Government can be obtained from a carrier lawfully operating in the area where the transportation would be provided.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 924; amended Pub. L. 111–350, § 5(o)(6), Jan. 4, 2011, 124 Stat. 3853.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10721 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
heading: Amendments
text: 2011—Pub. L. 111–350 substituted “Section 6101(b) to (d) of title 41” for “Section 3709 of the Revised Statutes (41 U.S.C. 5)”.
49 U.S.C. § 15505 (TRANSPORTATION)
§ 15505. Prohibition against discrimination by pipeline carriers
A pipeline carrier providing transportation or service subject to this part may not subject a person, place, port, or type of traffic to unreasonable discrimination.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 924.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10741 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 15506 (TRANSPORTATION)
§ 15506. Facilities for interchange of traffic
A pipeline carrier providing transportation subject to this part shall provide reasonable, proper, and equal facilities that are within its power to provide for the interchange of traffic between, and for the receiving, forwarding, and delivering of property to and from, its respective line and a connecting line of a pipeline, rail, or water carrier under this subtitle.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 924.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10742 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 15701 (TRANSPORTATION)
§ 15701. Providing transportation and service
(a) Service on Reasonable Request.—
A pipeline carrier providing transportation or service under this part shall provide the transportation or service on reasonable request.
(b) Rates and Other Terms.—
A pipeline carrier shall also provide to any person, on request, the carrier’s rates and other service terms. The response by a pipeline carrier to a request for the carrier’s rates and other service terms shall be—
(1) in writing and forwarded to the requesting person promptly after receipt of the request; or
(2) promptly made available in electronic form.
(c) Limitation on Rate Increases and Changes to Service Terms.—
A pipeline carrier may not increase any common carrier rates or change any common carrier service terms unless 20 days have expired after written or electronic notice is provided to any person who, within the previous 12 months—
(1) has requested such rates or terms under subsection (b); or
(2) has made arrangements with the carrier for a shipment that would be subject to such increased rates or changed terms.
(d) Provision of Service.—
A pipeline carrier shall provide transportation or service in accordance with the rates and service terms, and any changes thereto, as published or otherwise made available under subsection (b) or (c).
(e) Regulations.—
The Board shall, by regulation, establish rules to implement this section. The regulations shall provide for immediate disclosure and dissemination of rates and service terms, including classifications, rules, and practices, and their effective dates. The regulations may modify the 20-day period specified in subsection (c). Final regulations shall be adopted by the Board not later than 180 days after January 1, 1996.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 925; amended Pub. L. 104–287, § 5(44), Oct. 11, 1996, 110 Stat. 3393.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11101 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
heading: Amendments
text: 1996—Subsec. (e). Pub. L. 104–287 substituted “January 1, 1996” for “the effective date of this section”.
heading: Effective Date
text: Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
49 U.S.C. § 15721 (TRANSPORTATION)
§ 15721. Definitions
In this subchapter, the following definitions apply:
(1) Carrier, lessor.—
The terms “carrier” and “lessor” include a receiver or trustee of a pipeline carrier and lessor, respectively.
(2) Lessor.—
The term “lessor” means a person owning a pipeline that is leased to and operated by a carrier providing transportation under this part.
(3) Association.—
The term “association” means an organization maintained by or in the interest of a group of pipeline carriers that performs a service, or engages in activities, related to transportation under this part.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 925.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11141 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 15722 (TRANSPORTATION)
§ 15722. Records: form; inspection; preservation
(a) Form of Records.—
The Board may prescribe the form of records required to be prepared or compiled under this subchapter by pipeline carriers and lessors, including records related to movement of traffic and receipts and expenditures of money.
(b) Inspection.—
The Board, or an employee designated by the Board, may on demand and display of proper credentials—
(1) inspect and examine the lands, buildings, and equipment of a pipeline carrier or lessor; and
(2) inspect and copy any record of—
(A) a pipeline carrier, lessor, or association; and
(B) a person controlling, controlled by, or under common control with a pipeline carrier if the Board considers inspection relevant to that person’s relation to, or transaction with, that carrier.
(c) Preservation Period.—
The Board may prescribe the time period during which operating, accounting, and financial records must be preserved by pipeline carriers and lessors.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 926.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11144 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 15723 (TRANSPORTATION)
§ 15723. Reports by carriers, lessors, and associations
(a) Filing of Reports.—
The Board may require pipeline carriers, lessors, and associations, or classes of them as the Board may prescribe, to file annual, periodic, and special reports with the Board containing answers to questions asked by it.
(b) Under Oath.—
Any report under this section shall be made under oath.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 926.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11145 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 15901 (TRANSPORTATION)
§ 15901. General authority
(a) Investigation; Compliance Order.—
Except as otherwise provided in this part, the Board may begin an investigation under this part only on complaint. If the Board finds that a pipeline carrier is violating this part, the Board shall take appropriate action to compel compliance with this part. The Board shall provide the carrier notice of the investigation and an opportunity for a proceeding.
(b) Complaint.—
A person, including a governmental authority, may file with the Board a complaint about a violation of this part by a pipeline carrier providing transportation or service subject to this part. The complaint must state the facts that are the subject of the violation. The Board may dismiss a complaint it determines does not state reasonable grounds for investigation and action. However, the Board may not dismiss a complaint made against a pipeline carrier providing transportation subject to this part because of the absence of direct damage to the complainant.
(c) Automatic Dismissal.—
A formal investigative proceeding begun by the Board under subsection (a) is dismissed automatically unless it is concluded by the Board with administrative finality by the end of the 3d year after the date on which it was begun.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 926.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11701 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
heading: Effective Date
text: Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
49 U.S.C. § 15902 (TRANSPORTATION)
§ 15902. Enforcement by the Board
The Board may bring a civil action to enforce an order of the Board, except a civil action to enforce an order for the payment of money, when it is violated by a pipeline carrier providing transportation subject to this part.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 927.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11702 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).