1996 US Code
Title 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 29 - DEEPWATER PORTS
Sec. 1507 - Common carrier status
View MetadataPublication Title | United States Code, 1994 Edition, Supplement 2, Title 33 - NAVIGATION AND NAVIGABLE WATERS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 29 - DEEPWATER PORTS Sec. 1507 - Common carrier status |
Contains | section 1507 |
Date | 1996 |
Laws in Effect as of Date | January 6, 1997 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 93-627, §8, Jan. 3, 1975, 88 Stat. 2136; Pub. L. 98-419, §3(a), Sept. 25, 1984, 98 Stat. 1608; Pub. L. 104-324, title V, §507, Oct. 19, 1996, 110 Stat. 3927. |
Statutes at Large References | 24 Stat. 379 88 Stat. 2136 92 Stat. 1467 98 Stat. 1608 110 Stat. 3927 |
Public Law References | Public Law 93-627, Public Law 95-473, Public Law 98-419, Public Law 104-324 |
§1507. Common carrier status (a) Status of deepwater ports and storage facilities
A deepwater port and a storage facility serviced directly by that deepwater port shall operate as a common carrier under applicable provisions of part I of the Interstate Commerce Act and subtitle IV of title 49, and shall accept, transport, or convey without discrimination all oil delivered to the deepwater port with respect to which its license is issued, except as provided by subsection (b) of this section.
(b) Discrimination prohibition; exceptionsA licensee is not discriminating under this section and is not subject to common carrier regulations under subsection (a) of this section when that licensee—
(1) is subject to effective competition for the transportation of oil from alternative transportation systems; and
(2) sets its rates, fees, charges, and conditions of service on the basis of competition, giving consideration to other relevant business factors such as the market value of services provided, licensee's cost of operation, and the licensee's investment in the deepwater port and a storage facility, and components thereof, serviced directly by that deepwater port.
(c) Enforcement, suspension, or termination proceedingsWhen the Secretary has reason to believe that a licensee is not in compliance with this section, the Secretary shall commence an appropriate proceeding before the Federal Energy Regulatory Commission or request the Attorney General to take appropriate steps to enforce compliance with this section and, when appropriate, to secure the imposition of appropriate sanctions. In addition, the Secretary may suspend or revoke the license of a licensee not complying with its obligations under this section.
(Pub. L. 93–627, §8, Jan. 3, 1975, 88 Stat. 2136; Pub. L. 98–419, §3(a), Sept. 25, 1984, 98 Stat. 1608; Pub. L. 104–324, title V, §507, Oct. 19, 1996, 110 Stat. 3927.)
References in TextThe Interstate Commerce Act, referred to in subsec. (a), is act Feb. 4, 1887, ch. 104, 24 Stat. 379, as amended. Part I of the Act, which was classified to chapter 1 (§1 et seq.) of former Title 49, Transportation, was repealed by Pub. L. 95-473, §4(b), Oct. 17, 1978, 92 Stat. 1467, the first section of which enacted subtitle IV (§10101 et seq.) of Title 49. For distribution of former sections of Title 49 into the revised Title 49, see Table at the beginning of Title 49.
Amendments1996—Subsec. (a). Pub. L. 104–324, §507(a), inserted “and shall accept, transport, or convey without discrimination all oil delivered to the deepwater port with respect to which its license is issued,” after “subtitle IV of title 49,”.
Subsec. (b). Pub. L. 104–324, §507(b), substituted “A licensee is not discriminating under this section and” for “A licensee under this chapter shall accept, transport, or convey without discrimination all oil delivered to the deepwater port with respect to which its license is issued. However, a licensee”.
1984—Subsec. (a). Pub. L. 98–419 substituted provision that a deepwater port and a storage facility serviced directly by that deepwater port shall operate as a common carrier under applicable provisions of part I of the Interstate Commerce Act and subtitle IV of title 49 except as provided by subsec. (b), for provision that such port and such facilities were subject to regulations as a common carrier in accordance with the Interstate Commerce Act, as amended, for purposes of chapter 39 of title 18 and former sections 1 to 27 of title 49.
Subsec. (b). Pub. L. 98–419 inserted provisions enumerating conditions under which a licensee is not subject to common carrier regulations under subsec. (a). Provisions dealing with enforcement, suspension, or termination proceedings, were redesignated as subsec. (c).
Subsec. (c). Pub. L. 98–419 redesignated a portion of provisions of subsec. (b) as subsec. (c), and in subsec. (c) as so redesignated substituted provisions authorizing the Secretary to commence proceedings before the Federal Energy Regulatory Commission, or to suspend or revoke licenses of noncomplying licensees, in the event of noncompliance with this section, for provisions which had authorized the Secretary to commence proceedings before the Interstate Commerce Commission or to suspend or terminate licenses of noncomplying licensees as provided in section 1511 of this title, in the event of noncompliance by a licensee with its obligations as a common carrier.
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.