15 U.S.C. § 715b — Interstate transportation of contraband

Page 1183 TITLE 15—COMMERCE AND TRADE § 715d § 715a. Definitions As used in this chapter— (1) The term ‘‘contraband oil’’ means petro- leum which, or any constituent part of which, was produced, transported, or withdrawn from storage in excess of the amounts permitted to be produced, transported, or withdrawn from storage under the laws of a State or under any regulation or order prescribed thereunder by any board, commission, officer, or other duly authorized agency of such State, or any of the products of such petroleum, except petroleum or any of its constituent parts, title to which has been acquired by a State pursuant to its laws. (2) The term ‘‘products’’ or ‘‘petroleum prod- ucts’’ includes any article produced or derived in whole or in part from petroleum or any product thereof by refining, processing, manu- facturing, or otherwise. (3) The term ‘‘interstate commerce’’ means commerce between any point in a State and any point outside thereof, or between points within the same State but through any place outside thereof, or from any place in the United States to a foreign country, but only insofar as such commerce takes place within the United States. (4) The term ‘‘person’’ includes an indi- vidual, partnership, corporation, or joint- stock company, (Feb. 22, 1935, ch. 18, § 2, 49 Stat. 30; Pub. L. 89–644, Oct. 13, 1966, 80 Stat. 890.) Editorial Notes AMENDMENTS 1966—Pub. L. 89–644 inserted provisions in par. (1) ex- empting petroleum or any of its constituent parts, title to which has been acquired by a State pursuant to its laws. § 715b. Interstate transportation of contraband oil forbidden The shipment or transportation in interstate commerce from any State of contraband oil pro- duced in such State is prohibited. For the pur- poses of this section contraband oil shall not be deemed to have been produced in a State if none of the petroleum constituting such contraband oil, or from which it was produced or derived, was produced, transported, or withdrawn from storage in excess of the amounts permitted to be produced, transported, or withdrawn from stor- age under the laws of such State or under any regulation or order prescribed thereunder by any board, commission, officer, or other duly authorized agency of such State. (Feb. 22, 1935, ch. 18, § 3, 49 Stat. 31.) § 715c. Suspension of operation of section 715b of this title Whenever the President finds that the amount of petroleum and petroleum products moving in interstate commerce is so limited as to be the cause, in whole or in part, of a lack of parity be- tween supply (including imports and reasonable withdrawals from storage) and consumptive de- mand (including exports and reasonable addi- tions to storage) resulting in an undue burden on or restriction of interstate commerce in pe- troleum and petroleum products, he shall by proclamation declare such finding, and there- upon the provisions of section 715b of this title shall be inoperative until such time as the President shall find and by proclamation declare that the conditions which gave rise to the sus- pension of the operation of the provisions of such section no longer exist. If any provision of this section or the application thereof shall be held to be invalid, the validity of application of section 715b of this title shall not be affected thereby. (Feb. 22, 1935, ch. 18, § 4, 49 Stat. 31.) § 715d. Enforcement of chapter (a) Rules and regulations The President shall prescribe such regulations as he finds necessary or appropriate for the en- forcement of the provisions of this chapter, in- cluding but not limited to regulations requiring reports, maps, affidavits, and other documents relating to the production, storage, refining, processing, transporting, or handling of petro- leum and petroleum products, and providing for the keeping of books and records, and for the in- spection of such books and records and of prop- erties and facilities. (b) Certificate of clearance for petroleum and pe- troleum products Whenever the President finds it necessary or appropriate for the enforcement of the provi- sions of this chapter he shall require certificates of clearance for petroleum and petroleum prod- ucts moving or to be moved in interstate com- merce from any particular area, and shall estab- lish a board or boards for the issuance of such certificates. A certificate of clearance shall be issued by a board so established in any case where such board determines that the petroleum or petroleum products in question does not con- stitute contraband oil. Denial of any such cer- tificate shall be by order of the board, and only after reasonable opportunity for hearing. When- ever a certificate of clearance is required for any area in any State, it shall be unlawful to ship or transport petroleum or petroleum products in interstate commerce from such area unless a certificate has been obtained therefor. (c) Review of order of denial of certificate of clearance Any person whose application for a certificate of clearance is denied may obtain a review of the order denying such application in the United States District Court for the district wherein the board is sitting by filing in such court with- in thirty days after the entry of such order a written petition praying that the order of the board be modified or set aside, in whole or in part. A copy of such petition shall be forthwith served upon the board, and thereupon the board shall certify and file in the court a transcript of the record upon which the order complained of was entered. Upon the filing of such transcript, such court shall have jurisdiction to affirm, modify, or set aside such order, in whole or in part. No objection to the order of the board shall be considered by the court unless such objection