49 U.S.C. § 15901 — General authority

Page 543 TITLE 49—TRANSPORTATION § 15904 of Pub. L. 104–287, § 5(45)(A), effective Oct. 11, 1996. See 1996 Amendment note below. 1997—Pub. L. 105–102, § 3(d)(1)(A), Nov. 20, 1997, 111 Stat. 2215, which directed technical correction of direc- tory language of Pub. L. 104–287, § 5(45)(A), by sub- stituting ‘‘ENFORCEMENT:’’ for ‘‘ENFORCEMENT,’’, could not be executed because ‘‘ENFORCEMENT,’’ does not appear in section 5(45)(A). Pub. L. 105–102, § 2(14), Nov. 20, 1997, 111 Stat. 2205, substituted ‘‘pipeline’’ for ‘‘certain’’ in item 15904. 1996—Pub. L. 104–287, § 5(45)(B), Oct. 11, 1996, 110 Stat. 3393, struck out item 15907 ‘‘Liability when property is delivered in violation of routing instructions’’. Pub. L. 104–287, § 5(45)(A), Oct. 11, 1996, 110 Stat. 3393, as amended by Pub. L. 105–225, struck out duplicative chapter heading. § 15901. General authority (a) INVESTIGATION; COMPLIANCE ORDER.—Ex- cept as otherwise provided in this part, the Board may begin an investigation under this part only on complaint. If the Board finds that a pipeline carrier is violating this part, the Board shall take appropriate action to compel compliance with this part. The Board shall pro- vide the carrier notice of the investigation and an opportunity for a proceeding. (b) COMPLAINT.—A person, including a govern- mental authority, may file with the Board a complaint about a violation of this part by a pipeline carrier providing transportation or service subject to this part. The complaint must state the facts that are the subject of the viola- tion. The Board may dismiss a complaint it de- termines does not state reasonable grounds for investigation and action. However, the Board may not dismiss a complaint made against a pipeline carrier providing transportation subject to this part because of the absence of direct damage to the complainant. (c) AUTOMATIC DISMISSAL.—A formal investiga- tive proceeding begun by the Board under sub- section (a) is dismissed automatically unless it is concluded by the Board with administrative finality by the end of the 3d year after the date on which it was begun. (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 11701 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. § 15902. Enforcement by the Board The Board may bring a civil action to enforce an order of the Board, except a civil action to enforce an order for the payment of money, when it is violated by a pipeline carrier pro- viding transportation subject to this part. (Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 927.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 11702 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. § 15903. Enforcement by the Attorney General (a) ON BEHALF OF BOARD.—The Attorney Gen- eral may, and on request of the Board shall, bring court proceedings to enforce this part or a regulation or order of the Board and to pros- ecute a person violating this part or a regula- tion or order of the Board issued under this part. (b) ON BEHALF OF OTHERS.—The United States Government may bring a civil action on behalf of a person to compel a pipeline carrier pro- viding transportation or service subject to this part to provide that transportation or service to that person in compliance with this part at the same rate charged, or on conditions as favorable as those given by the carrier, for like traffic under similar conditions to another person. (Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 927.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 11703 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. § 15904. Rights and remedies of persons injured by pipeline carriers (a) ENFORCEMENT OF ORDERS.—A person in- jured because a pipeline carrier providing trans- portation or service subject to this part does not obey an order of the Board, except an order for the payment of money, may bring a civil action to enforce that order under this subsection. (b) LIABILITY OF CARRIER.— (1) EXCESSIVE CHARGES.—A pipeline carrier providing transportation subject to this part is liable to a person for amounts charged that exceed the applicable rate for the transpor- tation. (2) DAMAGES.—A pipeline carrier providing transportation subject to this part is liable for damages sustained by a person as a result of an act or omission of that carrier in violation of this part. (c) COMPLAINTS.— (1) FILING.—A person may file a complaint with the Board under section 15901(b) or bring a civil action under subsection (b) to enforce liability against a pipeline carrier providing transportation subject to this part.