49 U.S.C. § 15102 — Definitions

Page 538 TITLE 49—TRANSPORTATION § 15101 (2) to the injured party for all valid claims incurred without regard to amount. (d) LIABLE PARTIES.—The liability for civil penalties and for claims under this section for unauthorized brokering shall apply, jointly and severally— (1) to any corporate entity or partnership in- volved; and (2) to the individual officers, directors, and principals of such entities. (Added Pub. L. 112–141, div. C, title II, § 32919(a), July 6, 2012, 126 Stat. 827; amended Pub. L. 114–94, div. A, title V, § 5508(a)(5), Dec. 4, 2015, 129 Stat. 1554.) Editorial Notes AMENDMENTS 2015—Pub. L. 114–94 substituted section symbol for ‘‘SEC.’’ before section designation. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. EFFECTIVE DATE Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. PART C—PIPELINE CARRIERS Editorial Notes AMENDMENTS 1996—Pub. L. 104–287, § 5(40), Oct. 11, 1996, 110 Stat. 3392, made technical amendment to part heading. CHAPTER 151—GENERAL PROVISIONS Sec. 15101. Transportation policy. 15102. Definitions. 15103. Remedies as cumulative. Editorial Notes AMENDMENTS 1996—Pub. L. 104–287, § 5(41), Oct. 11, 1996, 110 Stat. 3392, struck out duplicative chapter heading. § 15101. Transportation policy (a) IN GENERAL.—To ensure the development, coordination, and preservation of a transpor- tation system that meets the transportation needs of the United States, including the na- tional defense, it is the policy of the United States Government to oversee the modes of transportation and in overseeing those modes— (1) to recognize and preserve the inherent advantage of each mode of transportation; (2) to promote safe, adequate, economical, and efficient transportation; (3) to encourage sound economic conditions in transportation, including sound economic conditions among carriers; (4) to encourage the establishment and maintenance of reasonable rates for transpor- tation without unreasonable discrimination or unfair or destructive competitive practices; (5) to cooperate with each State and the offi- cials of each State on transportation matters; and (6) to encourage fair wages and working con- ditions in the transportation industry. (b) ADMINISTRATION TO CARRY OUT POLICY.— This part shall be administered and enforced to carry out the policy of this section. (Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 921; amended Pub. L. 105–102, § 2(13), Nov. 20, 1997, 111 Stat. 2205.) HISTORICAL AND REVISION NOTES PUB. L. 105–102 This amends 49:15101(a) to correct a grammatical error. Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 10101 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). AMENDMENTS 1997—Subsec. (a). Pub. L. 105–102 struck out ‘‘of’’ after ‘‘Government to oversee’’. 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. GAO REPORT Pub. L. 104–88, title I, § 106(b), Dec. 29, 1995, 109 Stat. 932, directed the Comptroller General, within 3 years after Jan. 1, 1996, to transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastruc- ture of the House of Representatives a report regarding the impact of regulations on the competitiveness of pipelines and to recommend whether to continue, re- vise, or sunset such regulations. § 15102. Definitions In this part— (1) BOARD.—The term ‘‘Board’’ means the Surface Transportation Board. (2) PIPELINE CARRIER.—The term ‘‘pipeline carrier’’ means a person providing pipeline transportation for compensation. (3) RATE.—The term ‘‘rate’’ means a rate or charge for transportation. (4) STATE.—The term ‘‘State’’ means a State of the United States and the District of Co- lumbia. (5) TRANSPORTATION.—The term ‘‘transpor- tation’’ includes— (A) property, facilities, instrumentalities, or equipment of any kind related to the movement of property, regardless of owner- ship or an agreement concerning use; and (B) services related to that movement, in- cluding receipt, delivery, transfer in transit, storage, handling, and interchange of prop- erty. (6) UNITED STATES.—The term ‘‘United States’’ means the States of the United States and the District of Columbia. Page 539 TITLE 49—TRANSPORTATION § 15302 (Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 921.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 10102 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. § 15103. Remedies as cumulative Except as otherwise provided in this part, the remedies provided under this part are in addi- tion to remedies existing under another law or common law. (Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 922.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 10103 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 153—JURISDICTION Sec. 15301. General pipeline jurisdiction. 15302. Authority to exempt pipeline carrier trans- portation. Editorial Notes AMENDMENTS 1996—Pub. L. 104–287, § 5(42), Oct. 11, 1996, 110 Stat. 3392, struck out duplicative chapter heading. § 15301. General pipeline jurisdiction (a) IN GENERAL.—The Board has jurisdiction over transportation by pipeline, or by pipeline and railroad or water, when transporting a com- modity other than water, gas, or oil. Jurisdic- tion under this subsection applies only to trans- portation in the United States between a place in— (1) a State and a place in another State; (2) the District of Columbia and another place in the District of Columbia; (3) a State and a place in a territory or pos- session of the United States; (4) a territory or possession of the United States and a place in another such territory or possession; (5) a territory or possession of the United States and another place in the same territory or possession; (6) the United States and another place in the United States through a foreign country; or (7) the United States and a place in a foreign country. (b) NO JURISDICTION OVER INTRASTATE TRANS- PORTATION.—The Board does not have jurisdic- tion under subsection (a) over the transpor- tation of property, or the receipt, delivery, stor- age, or handling of property, entirely in a State (other than the District of Columbia) and not transported between a place in the United States and a place in a foreign country except as otherwise provided in this part. (c) PROTECTION OF STATES POWERS.—This part does not affect the power of a State, in exer- cising its police power, to require reasonable intrastate transportation by carriers providing transportation subject to the jurisdiction of the Board under this chapter unless the State re- quirement is inconsistent with an order of the Board issued under this part or is prohibited under this part. (Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 922.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 10501 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. § 15302. Authority to exempt pipeline carrier transportation (a) IN GENERAL—In a matter related to a pipe- line carrier providing transportation subject to jurisdiction under this chapter, the Board shall exempt a person, class of persons, or a trans- action or service when the Board finds that the application, in whole or in part, of a provision of this part— (1) is not necessary to carry out the trans- portation policy of section 15101; and (2) either (A) the transaction or service is of limited scope, or (B) the application, in whole or in part, of the provision is not needed to protect shippers from the abuse of market power. (b) INITIATION OF PROCEEDING.—The Board may, where appropriate, begin a proceeding under this section on its own initiative or an in- terested party. (c) PERIOD OF EXEMPTION.—The Board may specify the period of time during which an ex- emption granted under this section is effective. (d) REVOCATION.—The Board may revoke an ex- emption, to the extent it specifies, when it finds that application, in whole or in part, of a provi- sion of this part to the person, class, or trans- portation is necessary to carry out the transpor- tation policy of section 15101. (Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 923.)