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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: Editorial Notes
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).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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 1301 of this title.
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: Editorial Notes
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)”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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 1301 of this title.
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: Editorial Notes
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).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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 1301 of this title.
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: Editorial Notes
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).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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 1301 of this title.
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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 1301 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: Editorial Notes
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).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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 1301 of this title.
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: Editorial Notes
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).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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 1301 of this title.
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: Editorial Notes
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).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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 1301 of this title.
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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 1301 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: Editorial Notes
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).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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 1301 of this title.
49 U.S.C. § 15903 (TRANSPORTATION)
§ 15903. Enforcement by the Attorney General
(a) On Behalf of Board.—
The Attorney General may, and on request of the Board shall, bring court proceedings to enforce this part or a regulation or order of the Board and to prosecute a person violating this part or a regulation or order of the Board issued under this part.
(b) On Behalf of Others.—
The United States Government may bring a civil action on behalf of a person to compel a pipeline carrier providing transportation or service subject to this part to provide that transportation or service to that person in compliance with this part at the same rate charged, or on conditions as favorable as those given by the carrier, for like traffic under similar conditions to another person.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 927.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11703 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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 1301 of this title.
49 U.S.C. § 15905 (TRANSPORTATION)
§ 15905. Limitation on actions by and against pipeline carriers
(a) In General.—
A pipeline carrier providing transportation or service subject to this part must begin a civil action to recover charges for transportation or service provided by the carrier within 3 years after the claim accrues.
(b) Overcharges.—
A person must begin a civil action to recover overcharges under section 15904(b)(1) within 3 years after the claim accrues. If an election to file a complaint with the Board is made under section 15904(c)(1), the complaint must be filed within 3 years after the claim accrues.
(c) Damages.—
A person must file a complaint with the Board to recover damages under section 15904(b)(2) within 2 years after the claim accrues.
(d) Extensions.—
The limitation periods under subsection (b) are extended for 6 months from the time written notice is given to the claimant by the carrier of disallowance of any part of the claim specified in the notice if a written claim is given to the carrier within those limitation periods. The limitation periods under subsection (b) and the 2-year period under subsection (c) are extended for 90 days from the time the carrier begins a civil action under subsection (a) to recover charges related to the same transportation or service, or collects (without beginning a civil action under that subsection) the charge for that transportation or service if that action is begun or collection is made within the appropriate period.
(e) Payment.—
A person must begin a civil action to enforce an order of the Board against a carrier for the payment of money within one year after the date the order required the money to be paid.
(f) Government Transportation.—
This section applies to transportation for the United States Government. The time limitations under this section are extended, as related to transportation for or on behalf of the United States Government, for 3 years from the date of—
(1) payment of the rate for the transportation or service involved,
(2) subsequent refund for overpayment of that rate, or
(3) deduction made under section 3726 of title 31,
whichever is later.
(g) Accrual Date.—
A claim related to a shipment of property accrues under this section on delivery or tender of delivery by the carrier.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 928.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11706 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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 1301 of this title.
49 U.S.C. § 16101 (TRANSPORTATION)
§ 16101. General civil penalties
(a) General.—
Except as otherwise provided in this section, a pipeline carrier providing transportation subject to this part, an officer or agent of that carrier, or a receiver, trustee, lessee, or agent of one of them, knowingly violating this part or an order of the Board under this part is liable to the United States for a civil penalty of not more than $5,000 for each violation. Liability under this subsection is incurred for each distinct violation. A separate violation occurs for each day the violation continues.
(b) Recordkeeping and Reporting.—
(1) Records.—
A person required under chapter 157 to make, prepare, preserve, or submit to the Board a record concerning transportation subject to this part that does not make, prepare, preserve, or submit that record as required under that chapter, is liable to the United States for a civil penalty of $500 for each violation.
(2) Inspection.—
A carrier providing transportation subject to this part, and a lessor, receiver, or trustee of that carrier, violating section 15722, is liable to the United States for a civil penalty of $100 for each violation.
(3) Reports.—
A carrier providing transportation subject to the jurisdiction of the Board under this part, a lessor, receiver, or trustee of that carrier, and an officer, agent, or employee of one of them, required to make a report to the Board or answer a question that does not make the report or does not specifically, completely, and truthfully answer the question, is liable to the United States for a civil penalty of $100 for each violation.
(4) Continued violation.—
A separate violation occurs for each day violation under this subsection continues.
(c) Venue.—
Trial in a civil action under this section is in the judicial district in which the carrier has its principal operating office.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 930; amended Pub. L. 105–102, § 2(16), Nov. 20, 1997, 111 Stat. 2205.)
heading: Historical and Revision Notes
heading: Pub. L. 105–102
text: This amends 49:16101 to redesignate subsection (d) as (c) because no subsection (c) was enacted.
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11901 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
heading: Amendments
text: 1997—Subsecs. (c), (d). Pub. L. 105–102 redesignated subsec. (d) as (c).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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 1301 of this title.
49 U.S.C. § 16102 (TRANSPORTATION)
§ 16102. Recordkeeping and reporting violations
A person required to make a report to the Board, or make, prepare, or preserve a record, under chapter 157 about transportation subject to this part that knowingly and willfully—
(1) makes a false entry in the report or record,
(2) destroys, mutilates, changes, or by another means falsifies the record,
(3) does not enter business related facts and transactions in the record,
(4) makes, prepares, or preserves the record in violation of a regulation or order of the Board, or
(5) files a false report or record with the Board,
shall be fined under title 18 or imprisoned not more than 2 years, or both.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 930.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11909 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
heading: Effective Date
text: Section 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 1301 of this title.