49 U.S.C. § 15504 — Government traffic

Page 540 TITLE 49—TRANSPORTATION § 15501 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1996, except as otherwise pro- vided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title. CHAPTER 155—RATES Sec. 15501. Standards for pipeline rates, classifications, through routes, rules, and practices. 15502. Authority for pipeline carriers to establish rates, classifications, rules, and practices. 15503. Authority and criteria: rates, classifications, rules, and practices prescribed by Board. 15504. Government traffic. 15505. Prohibition against discrimination by pipe- line carriers. 15506. Facilities for interchange of traffic. § 15501. Standards for pipeline rates, classifica- tions, 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 reason- able. (b) NONDISCRIMINATION.—A pipeline carrier providing transportation subject to this part may not discriminate in its rates against a con- necting 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.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 10701 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1996, except as otherwise pro- vided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title. § 15502. Authority for pipeline carriers to estab- lish rates, classifications, rules, and practices A pipeline carrier providing transportation or service subject to this part shall establish— (1) rates and classifications for transpor- tation 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.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 10702 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1996, except as otherwise pro- vided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title. § 15503. Authority and criteria: rates, classifica- tions, 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, classi- fication, rule, or practice to be followed. In pre- scribing the rate, classification, rule, or prac- tice, the Board may utilize rate reasonableness procedures that provide an effective simulation of a market-based price for a stand alone pipe- line. 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 clas- sification and observe the rule or practice pre- scribed by the Board. (b) FACTORS TO CONSIDER.—When prescribing a rate, classification, rule, or practice for trans- portation or service by a pipeline carrier, the Board shall consider, among other factors— (1) the effect of the prescribed rate, classi- fication, rule, or practice on the movement of traffic by that carrier; (2) the need for revenues that are sufficient, under honest, economical, and efficient man- agement, to let the carrier provide that trans- portation or service; and (3) the availability of other economic trans- portation alternatives. (c) PROCEEDING.—The Board may begin a pro- ceeding under this section on complaint. A com- plaint 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.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 10704 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1996, except as otherwise pro- vided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title. § 15504. Government traffic A pipeline carrier providing transportation or service for the United States Government may transport property for the United States Gov- ernment 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 Govern- Page 541 TITLE 49—TRANSPORTATION § 15701 ment can be obtained from a carrier lawfully op- erating 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.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 10721 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). AMENDMENTS 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)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1996, except as otherwise pro- vided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title. § 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 unrea- sonable discrimination. (Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 924.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 10741 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1996, except as otherwise pro- vided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title. § 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.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 10742 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1996, except as otherwise pro- vided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title. CHAPTER 157—OPERATIONS OF CARRIERS SUBCHAPTER A—GENERAL REQUIREMENTS Sec. 15701. Providing transportation and service. SUBCHAPTER B—OPERATIONS OF CARRIERS 15721. Definitions. 15722. Records: form; inspection; preservation. 15723. Reports by carriers, lessors, and associations. Editorial Notes AMENDMENTS 1996—Pub. L. 104–287, § 5(43)(A), Oct. 11, 1996, 110 Stat. 3392, struck out duplicative chapter heading and made technical amendments to items for subchapters A and B. SUBCHAPTER A—GENERAL REQUIREMENTS Editorial Notes AMENDMENTS 1996—Pub. L. 104–287, § 5(43)(B)(i), Oct. 11, 1996, 110 Stat. 3393, made technical amendment to subchapter heading. § 15701. Providing transportation and service (a) SERVICE ON REASONABLE REQUEST.—A pipe- line carrier providing transportation or service under this part shall provide the transportation or service on reasonable request. (b) RATES AND OTHER TERMS.—A pipeline car- rier 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 request- ing person promptly after receipt of the re- quest; 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 ac- cordance 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 regula- tion, establish rules to implement this section. The regulations shall provide for immediate dis- closure and dissemination of rates and service terms, including classifications, rules, and prac- tices, and their effective dates. The regulations may modify the 20-day period specified in sub- section (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.)