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33 U.S.C. § 1507 — Common carrier status
Federal law — U.S. Code and appendices · legal_authorities
**(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; exceptions** A 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 proceedings** When 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.
**(d) Managed access** Subsections (a) and (b) shall not apply to deepwater p
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Source location: Title 33, Chapter 29, § 1507; chapter-029-deepwater-ports.md
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**(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; exceptions** A 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 proceedings** When 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.
**(d) Managed access** Subsections (a) and (b) shall not apply to deepwater ports for natural gas. A licensee of a deepwater port for natural gas, or an affiliate thereof, may exclusively utilize the entire capacity of the deepwater port and storage facilities for the acceptance, transport, storage, regasification, or conveyance of natural gas produced, processed, marketed, or otherwise obtained by agreement by such licensee or its affiliates. The licensee may make unused capacity of the deepwater port and storage facilities available to other persons, pursuant to reasonable terms and conditions imposed by the licensee, if such use does not otherwise interfere in any way with the acceptance, transport, storage, regasification, or conveyance of natural gas produced, processed, marketed, or otherwise obtained by agreement by such licensee or its affiliates.
**(e) Jurisdiction** Notwithstanding any provision of the Natural Gas Act ([15 U.S.C. 717](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717&num=0&edition=prelim) et seq.), any regulation or rule issued thereunder, or [section 1518 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1518&num=0&edition=prelim) as it pertains to such Act, this chapter shall apply with respect to the licensing, siting, construction, or operation of a deepwater natural gas port or the acceptance, transport, storage, regasification, or conveyance of natural gas at or through a deepwater port, to the exclusion of the Natural Gas Act or any regulation or rule issued thereunder.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Federal Constitution, laws, and treaties applicable; other Federal requirements applicable; status of deepwater port; Federal or State authorities and responsibilities within territorial seas unaffected; notification by Secretary of State of intent to exercise jurisdiction; objections by foreign governments**
(1) The Constitution, laws, and treaties of the United States shall apply to a deepwater port licensed under this chapter and to activities connected, associated, or potentially interfering with the use or operation of any such port, in the same manner as if such port were an area of exclusive Federal jurisdiction located within a State. Nothing in this chapter shall be construed to relieve, exempt, or immunize any person from any other requirement imposed by Federal law, regulation, or treaty. Deepwater ports licensed under this chapter do not possess the status of islands and have no territorial seas of their own.
(2) Except as otherwise provided by this chapter, nothing in this chapter shall in any way alter the responsibilities and authorities of a State or the United States within the territorial seas of the United States.
(3) The Secretary of State shall notify the government of each foreign state having vessels registered under its authority or flying its flag which may call at or otherwise utilize a deepwater port but which do not currently have an agreement in effect as provided in subsection (c)(2)(A)(i) of this section that the United States intends to exercise jurisdiction over vessels calling at or otherwise utilizing a deepwater port and the persons on board such vessels. The Secretary of State shall notify the government of each such state that, absent its objection, its vessels will be subject to the jurisdiction of the United States when
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Proceedings by Attorney General; venue; conditions subsequent** Whenever a licensee fails to comply with any applicable provision of this chapter, or any applicable rule, regulation, restriction, or condition issued or imposed by the Secretary under the authority of this chapter, the Attorney General, at the request of the Secretary, may file an appropriate action in the United States district court nearest to the location of the proposed or actual deepwater port, as the case may be, or in the district in which the licensee resides or may be found, to—
(1) suspend the license; or
(2) if such failure is knowing and continues for a period of thirty days after the Secretary mails notification of such failure by registered letter to the licensee at his record post office address, revoke such license.
No proceeding under this subsection is necessary if the license, by its terms, provides for automatic suspension or termination upon the occurrence of a fixed or agreed upon condition, event, or time.
**(b) Public health or safety; danger to environment; completion of proceedings** If the Secretary determines that immediate suspension of the construction or operation of a deepwater port or any component thereof is necessary to protect public health or safety or to eliminate imminent and substantial danger to the environment, he shall order the licensee to cease or alter such construction or operation pending the completion of a judicial proceeding pursuant to subsection (a) of this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1511
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Necessity of regulation in public interest** As disclosed in reports of the Federal Trade Commission made pursuant to S. Res. 83 (Seventieth Congress, first session) and other reports made pursuant to the authority of Congress, it is declared that the business of transporting and selling natural gas for ultimate distribution to the public is affected with a public interest, and that Federal regulation in matters relating to the transportation of natural gas and the sale thereof in interstate and foreign commerce is necessary in the public interest.
**(b) Transactions to which provisions of chapter applicable** The provisions of this chapter shall apply to the transportation of natural gas in interstate commerce, to the sale in interstate commerce of natural gas for resale for ultimate public consumption for domestic, commercial, industrial, or any other use, and to natural-gas companies engaged in such transportation or sale, and to the importation or exportation of natural gas in foreign commerce and to persons engaged in such importation or exportation, but shall not apply to any other transportation or sale of natural gas or to the local distribution of natural gas or to the facilities used for such distribution or to the production or gathering of natural gas.
**(c) Intrastate transactions exempt from provisions of chapter; certification from State commission as conclusive evidence** The provisions of this chapter shall not apply to any person engaged in or legally authorized to engage in the transportation in interstate commerce or the sale in interstate commerce for resale, of natural gas received by such person from another person within or at the boundary of a State if all the natural gas so received is ultimately consumed within such State, or to any fa
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 717
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Natural Gas Act.”
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Federal law — U.S. Code and appendices · legal_authorities
Page 1186
TITLE 15—COMMERCE AND TRADE
§ 715l
§ 715l. Repealed. June 22, 1942, ch. 436, 56 Stat.
381
Section, acts Feb. 22, 1935, ch. 18, § 13, 49 Stat. 33; June
14, 1937, ch. 335, 50 Stat. 257; June 29, 1939, ch. 250, 53
Stat. 927, provided for expiration of this chapter on
June 30, 1942.
§ 715m. Cooperation between Secretary of the In-
terior and Federal and State authorities
The Secretary of the Interior, in carrying out
the Act of February 22, 1935, as amended (15
U.S.C., ch. 15A), is authorized to cooperate with
Federal and State authorities.
(June 25, 1946, ch. 472, § 3, 60 Stat. 307.)
Editorial Notes
REFERENCES IN TEXT
Act of February 22, 1935, referred to in text, is act
Feb. 22, 1935, ch. 18, 49 Stat. 30, popularly known as the
‘‘Hot Oil Act’’ and also as the ‘‘Connally Hot Oil Act’’,
which is classified generally to this chapter. For com-
plete classification of this Act to the Code, see Short
Title note set out under section 715 of this title and Ta-
bles.
CODIFICATION
Section was not enacted as a part of act Feb. 22, 1935,
which comprises this chapter.
Executive Documents
DELEGATION OF FUNCTIONS
Delegation of President’s authority to Secretary of
the Interior, see note set out under section 715j of this
title.
CHAPTER 15B—NATURAL GAS
Sec.
717.
Regulation of natural gas companies.
717a.
Definitions.
717b.
Exportation or importation of natural gas;
LNG terminals.
717b–1.
State and local safety considerations.
717c.
Rates and charges.
717c–1.
Prohibition on market manipulation.
717d.
Fixing rates and charges; determination of
cost of production or transportation.
717e.
Ascertainment of cost of property.
717f.
Construction, extension, or abandonment of
facilities.
717g.
Accounts; records; memoranda.
717h.
Rates of
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 717
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Federal law — U.S. Code and appendices · legal_authorities
Page 642
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1505
consider the criteria established under section 1505 of
this title.’’
Subsec. (h)(2). Pub. L. 107–295, § 106(g), inserted ‘‘and
unless prohibited by law,’’ after ‘‘Notwithstanding any
other provision of this chapter,’’.
Subsec. (i)(4). Pub. L. 107–295, § 106(c)(2), added par. (4).
1996—Subsec. (c)(3). Pub. L. 104–324 added par. (3).
1984—Subsec. (g). Pub. L. 98–419 substituted ‘‘issued’’
for ‘‘issued, transferred, or renewed’’.
Statutory Notes and Related Subsidiaries
REGULATIONS
Pub. L. 107–295, title I, § 106(e), Nov. 25, 2002, 116 Stat.
2087, provided that:
‘‘(1) AGENCY AND DEPARTMENT EXPERTISE AND RESPON-
SIBILITIES.—Not later than 30 days after the date of the
enactment of this Act [Nov. 25, 2002], the heads of Fed-
eral departments or agencies having expertise con-
cerning, or jurisdiction over, any aspect of the con-
struction or operation of deepwater ports for natural
gas shall transmit to the Secretary of Transportation
written comments as to such expertise or statutory re-
sponsibilities pursuant to the Deepwater Port Act of
1974 (33 U.S.C. 1501 et seq.) or any other Federal law.
‘‘(2) INTERIM FINAL RULE.—The Secretary may issue
an interim final rule as a temporary regulation imple-
menting this section [amending this section and sec-
tions 1501 to 1503, 1507, and 1520 of this title] (including
the amendments made by this section) as soon as prac-
ticable after the date of enactment of this section,
without regard to the provisions of chapter 5 of title 5,
United States Code.
‘‘(3) FINAL RULES.—As soon as practicable after the
date of the enactment of this Act, the Secretary of
Transportation shall issue additional final rules that,
in the discretion of the Secretary, are determi
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