49 U.S.C. § 16101 — General civil penalties

Page 545 TITLE 49—TRANSPORTATION § 16101 § 15906. Liability of pipeline carriers under re- ceipts and bills of lading (a) GENERAL LIABILITY.—A pipeline carrier providing transportation or service subject to this part shall issue a receipt or bill of lading for property it receives for transportation under this part. That carrier and any other carrier that delivers the property and is providing transportation or service subject to jurisdiction under this part are liable to the person entitled to recover under the receipt or bill of lading. The liability imposed under this subsection is for the actual loss or injury to the property caused by the carrier over whose line or route the property is transported in the United States or from a place in the United States to a place in an adjacent foreign country when transported under a through bill of lading. Failure to issue a receipt or bill of lading does not affect the li- ability of a carrier. (b) APPORTIONMENT.—The carrier issuing the receipt or bill of lading under subsection (a) or delivering the property for which the receipt or bill of lading was issued is entitled to recover from the carrier over whose line or route the loss or injury occurred the amount required to be paid to the owners of the property, as evi- denced by a receipt, judgment, or transcript, and the amount of its expenses reasonably in- curred in defending a civil action brought by that person. (c) CIVIL ACTIONS.—A civil action under this section may be brought against a delivering car- rier in a district court of the United States or in a State court. Trial, if the action is brought in a district court of the United States is in a judi- cial district, and if in a State court, is in a State, through which the defendant carrier oper- ates a line or route. (d) MINIMUM PERIOD FOR FILING CLAIMS.—A pipeline carrier may not provide by rule, con- tract, or otherwise, a period of less than 9 months for filing a claim against it under this section and a period of less than 2 years for bringing a civil action against it under this sec- tion. The period for bringing a civil action is computed from the date the carrier gives a per- son written notice that the carrier has dis- allowed any part of the claim specified in the notice. For the purposes of this subsection— (1) an offer of compromise shall not con- stitute a disallowance of any part of the claim unless the carrier, in writing, informs the claimant that such part of the claim is dis- allowed and provides reasons for such dis- allowance; and (2) communications received from a carrier’s insurer shall not constitute a disallowance of any part of the claim unless the insurer, in writing, informs the claimant that such part of the claim is disallowed, provides reasons for such disallowance, and informs the claimant that the insurer is acting on behalf of the car- rier. (Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 929.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 11707 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 161—CIVIL AND CRIMINAL PENALTIES Sec. 16101. General civil penalties. 16102. Recordkeeping and reporting violations. 16103. Unlawful disclosure of information. 16104. Disobedience to subpenas. 16105. General criminal penalty when specific pen- alty not provided. 16106. Punishment of corporation for violations committed by certain individuals. Editorial Notes AMENDMENTS 1996—Pub. L. 104–287, § 5(46), Oct. 11, 1996, 110 Stat. 3393, struck out duplicative chapter heading. § 16101. General civil penalties (a) GENERAL.—Except as otherwise provided in this section, a pipeline carrier providing trans- portation subject to this part, an officer or agent of that carrier, or a receiver, trustee, les- see, or agent of one of them, knowingly vio- lating 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 viola- tion. 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 chap- ter 157 to make, prepare, preserve, or submit to the Board a record concerning transpor- tation subject to this part that does not make, prepare, preserve, or submit that record as re- quired under that chapter, is liable to the United States for a civil penalty of $500 for each violation. (2) INSPECTION.—A carrier providing trans- portation subject to this part, and a lessor, re- ceiver, or trustee of that carrier, violating sec- tion 15722, is liable to the United States for a civil penalty of $100 for each violation. (3) REPORTS.—A carrier providing transpor- tation subject to the jurisdiction of the Board under this part, a lessor, receiver, or trustee of that carrier, and an officer, agent, or em- ployee of one of them, required to make a re- port to the Board or answer a question that does not make the report or does not specifi- cally, 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 viola- tion 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. Page 546 TITLE 49—TRANSPORTATION § 16102 (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.) HISTORICAL AND REVISION NOTES PUB. L. 105–102 This amends 49:16101 to redesignate subsection (d) as (c) because no subsection (c) was enacted. Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 11901 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). AMENDMENTS 1997—Subsecs. (c), (d). Pub. L. 105–102 redesignated subsec. (d) as (c). 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. § 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 an- other 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.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 11909 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). 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. § 16103. Unlawful disclosure of information (a) GENERAL PROHIBITION.—A pipeline carrier providing transportation subject to this part, or an officer, agent, or employee of that carrier, or another person authorized to receive informa- tion from that carrier, that knowingly discloses to another person, except the shipper or con- signee, or a person who solicits or knowingly re- ceives information about the nature, kind, quan- tity, destination, consignee, or routing of prop- erty tendered or delivered to that carrier for transportation provided under this part without the consent of the shipper or consignee, if that information may be used to the detriment of the shipper or consignee or may disclose improperly, to a competitor the business transactions of the shipper or consignee, is liable to the United States for a civil penalty of not more than $1,000. (b) LIMITATION ON STATUTORY CONSTRUCTION.— This part does not prevent a pipeline carrier providing transportation under this part from giving information— (1) in response to legal process issued under authority of a court of the United States or a State; (2) to an officer, employee, or agent of the United States Government, a State, or a terri- tory or possession of the United States; or (3) to another carrier or its agent to adjust mutual traffic accounts in the ordinary course of business. (c) BOARD EMPLOYEE.—An employee of the Board delegated to make an inspection or exam- ination under section 15722 who knowingly dis- closes information acquired during that inspec- tion or examination, except as directed by the Board, a court, or a judge of that court, shall be fined under title 18 or imprisoned for not more than 6 months, or both. (Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 931.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 11910 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. § 16104. Disobedience to subpenas Whoever does not obey a subpena or require- ment of the Board to appear and testify or produce records shall be fined under title 18 or imprisoned not more than 1 year, or both. (Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 931.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 11913 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. § 16105. General criminal penalty when specific penalty not provided When another criminal penalty is not provided under this chapter, a pipeline carrier providing