33 U.S.C. § 1507 — Common carrier status

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 determined to be necessary under the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.) for the application and issuance of licenses for a deepwater port for natural gas.’’ INFORMATION TO BE PROVIDED Pub. L. 109–241, title III, § 304(c)(2), July 11, 2006, 120 Stat. 527, which required the Coast Guard, when oper- ating as a contributing agency in the Federal Energy Regulatory Commission’s shoreside licensing process for certain liquefied natural gas or liquefied petroleum gas terminals, to provide the information described in subsec. (c)(2)(K) of this section, was repealed by Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8502(b)(1), Jan. 1, 2021, 134 Stat. 4747. See subsec. (j)(2) of this sec- tion. § 1505. Environmental review criteria (a) Establishment The Secretary, in accordance with the rec- ommendations of the Administrator of the Envi- ronmental Protection Agency and the Adminis- trator of the National Oceanic and Atmospheric Administration and after consultation with any other Federal departments and agencies having jurisdiction over any aspect of the construction or operation of a deepwater port, shall establish, as soon as practicable after January 3, 1975, en- vironmental review criteria consistent with the National Environmental Policy Act [42 U.S.C. 4321 et seq.]. Such criteria shall be used to evaluate a deepwater port as proposed in an ap- plication, including— (1) the effect on the marine environment; (2) the effect on oceanographic currents and wave patterns; (3) the effect on alternate uses of the oceans and navigable waters, such as scientific study, fishing, and exploitation of other living and nonliving resources; (4) the potential dangers to a deepwater port from waves, winds, weather, and geological conditions, and the steps which can be taken to protect against or minimize such dangers; (5) effects of land-based developments re- lated to deepwater port development; (6) the effect on human health and welfare; and (7) such other considerations as the Sec- retary deems necessary or appropriate. (b) Review and revision The Secretary shall periodically review and, whenever necessary, revise in the same manner as originally developed, criteria established pur- suant to subsection (a) of this section. (c) Requirement The criteria established pursuant to this sec- tion shall be developed concurrently with the regulations promulgated pursuant to section 1504(a) of this title and in accordance with that section and in accordance with the provisions of that subsection. (Pub. L. 93–627, § 6, Jan. 3, 1975, 88 Stat. 2135; Pub. L. 118–31, div. C, title XXXV, § 3514(k)(5), Dec. 22, 2023, 137 Stat. 818.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act, referred to in subsec. (a), probably means the National Environ- mental Policy Act of 1969, Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. AMENDMENTS 2023—Subsec. (a). Pub. L. 118–31, § 3514(k)(5)(A), in- serted heading. Subsec. (b). Pub. L. 118–31, § 3514(k)(5)(B), inserted heading. Subsec. (c). Pub. L. 118–31, § 3514(k)(5)(C), inserted heading and, in text, substituted ‘‘The criteria’’ for ‘‘Criteria’’ and ‘‘concurrently with the regulations pro- mulgated pursuant to section 1504(a) of this title and in accordance with that section’’ for ‘‘concurrently with the regulations in subsection (a) of section 1504 of this title and in accordance with the provisions of that sub- section’’. § 1506. Repealed. Pub. L. 104–324, title V, § 506, Oct. 19, 1996, 110 Stat. 3927 Section, Pub. L. 93–627, § 7, Jan. 3, 1975, 88 Stat. 2135; Pub. L. 98–419, § 2(g), (h), Sept. 25, 1984, 98 Stat. 1607, provided for antitrust review by Attorney General and Federal Trade Commission prior to issuance of license for ownership, construction, and operation of deep- water port. § 1507. Common carrier status (a) Status of deepwater ports and storage facili- ties A deepwater port and a storage facility serv- iced directly by that deepwater port shall oper- ate as a common carrier under applicable provi- sions 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 Page 643 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1508 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 trans- portation systems; and (2) sets its rates, fees, charges, and condi- tions of service on the basis of competition, giving consideration to other relevant busi- ness factors such as the market value of serv- ices 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 pro- ceedings 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 Regu- latory Commission or request the Attorney Gen- eral to take appropriate steps to enforce compli- ance with this section and, when appropriate, to secure the imposition of appropriate sanctions. In addition, the Secretary may suspend or re- voke the license of a licensee not complying with its obligations under this section. (d) Managed access Subsections (a) and (b) shall not apply to deep- water ports for natural gas. A licensee of a deep- water port for natural gas, or an affiliate there- of, 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 con- ditions imposed by the licensee, if such use does not otherwise interfere in any way with the ac- ceptance, 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 et seq.), any regulation or rule issued thereunder, or section 1518 of this title as it pertains to such Act, this chapter shall apply with respect to the licensing, siting, construction, or operation of a deepwater nat- ural gas port or the acceptance, transport, stor- age, 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. (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; Pub. L. 107–295, title I, § 106(d), Nov. 25, 2002, 116 Stat. 2087.) Editorial Notes REFERENCES IN TEXT The 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 begin- ning of Title 49. The Natural Gas Act, referred to in subsec. (e), is act June 21, 1938, ch. 556, 52 Stat. 821, which is classified generally to chapter 15B (§ 717 et seq.) of Title 15, Com- merce and Trade. For complete classification of this Act to the Code, see section 717w of Title 15 and Tables. AMENDMENTS 2002—Subsecs. (d), (e). Pub. L. 107–295 added subsecs. (d) and (e). 1996—Subsec. (a). Pub. L. 104–324, § 507(a), inserted ‘‘and shall accept, transport, or convey without dis- crimination 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 li- censee 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 di- rectly by that deepwater port shall operate as a com- mon carrier under applicable provisions of part I of the Interstate Commerce Act and subtitle IV of title 49 ex- cept 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 enu- merating conditions under which a licensee is not sub- ject 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 Fed- eral 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 pro- ceedings before the Interstate Commerce Commission or to suspend or terminate licenses of noncomplying li- censees as provided in section 1511 of this title, in the event of noncompliance by a licensee with its obliga- tions as a common carrier. § 1508. Adjacent coastal States (a) Designation In issuing a notice relating to an application for a deepwater port under section 1504(c)(1)(B)(ii)(I) of this title, the Secretary shall designate as an adjacent coastal State, with respect to the deepwater port, any coastal State that would be— (1) directly connected by pipeline to that deepwater port; or (2) located within 15 miles of that deepwater port.