49 U.S.C. § 15701 — Providing transportation and service

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.) Page 542 TITLE 49—TRANSPORTATION § 15721 Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 11101 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). AMENDMENTS 1996—Subsec. (e). Pub. L. 104–287 substituted ‘‘Janu- ary 1, 1996’’ for ‘‘the effective date of this section’’. 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. SUBCHAPTER B—OPERATIONS OF CARRIERS Statutory Notes and Related Subsidiaries AMENDMENTS 1996—Pub. L. 104–287, § 5(43)(B)(ii), Oct. 11, 1996, 110 Stat. 3393, made technical amendment to subchapter heading. § 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 per- son owning a pipeline that is leased to and op- erated 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, re- lated to transportation under this part. (Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 925.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 11141 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. § 15722. Records: form; inspection; preservation (a) FORM OF RECORDS.—The Board may pre- scribe the form of records required to be pre- pared or compiled under this subchapter by pipe- line carriers and lessors, including records re- lated 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 associa- tion; and (B) a person controlling, controlled by, or under common control with a pipeline car- rier if the Board considers inspection rel- evant to that person’s relation to, or trans- action with, that carrier. (c) PRESERVATION PERIOD.—The Board may prescribe the time period during which oper- ating, 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.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 11144 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. § 15723. Reports by carriers, lessors, and associa- tions (a) FILING OF REPORTS.—The Board may re- quire 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 sec- tion shall be made under oath. (Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 926.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 11145 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 159—ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES Sec. 15901. General authority. 15902. Enforcement by the Board. 15903. Enforcement by the Attorney General. 15904. Rights and remedies of persons injured by pipeline carriers. 15905. Limitation on actions by and against pipeline carriers. 15906. Liability of pipeline carriers under receipts and bills of lading. Editorial Notes AMENDMENTS 1998—Pub. L. 105–225, § 7(d), Aug. 12, 1998, 112 Stat. 1512, made technical amendment to directory language