49 U.S.C. § 15906 — Liability of pipeline carriers under re-

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.