US (United States) Code. Title 49. Subtitle IV: Interstate transportation. Chapter 159: Enforcement

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Transportation. Pipeline carriers. Investigations, rights and remedies

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-CITE-

49 USC CHAPTER 159 - ENFORCEMENT: INVESTIGATIONS, RIGHTS,

AND REMEDIES 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART C - PIPELINE CARRIERS

CHAPTER 159 - ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES

-HEAD-

CHAPTER 159 - ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES

-MISC1-

Sec.

15901. General authority.

15902. Enforcement by the Board.

15903. Enforcement by the Attorney General.

15904. Rights and remedies of persons injured by pipeline

carriers.

15905. Limitation on actions by and against pipeline

carriers.

15906. Liability of pipeline carriers under receipts and

bills of lading.

AMENDMENTS

1998 - Pub. L. 105-225, Sec. 7(d), Aug. 12, 1998, 112 Stat. 1512,

made technical amendment to directory language of Pub. L. 104-287,

Sec. 5(45)(A), effective Oct. 11, 1996. See 1996 Amendment note

below.

1997 - Pub. L. 105-102, Sec. 3(d)(1)(A), Nov. 20, 1997, 111 Stat.

2215, which directed technical correction of directory language of

Pub. L. 104-287, Sec. 5(45)(A), by substituting "ENFORCEMENT:" for

"ENFORCEMENT,", could not be executed because "ENFORCEMENT," does

not appear in section 5(45)(A).

Pub. L. 105-102, Sec. 2(14), Nov. 20, 1997, 111 Stat. 2205,

substituted "pipeline" for "certain" in item 15904.

1996 - Pub. L. 104-287, Sec. 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, Sec. 5(45)(A), Oct. 11, 1996, 110 Stat. 3393, as

amended by Pub. L. 105-225, struck out duplicative chapter heading.

-End-

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49 USC Sec. 15901 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART C - PIPELINE CARRIERS

CHAPTER 159 - ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES

-HEAD-

Sec. 15901. General authority

-STATUTE-

(a) Investigation; Compliance Order. - Except 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 provide

the carrier notice of the investigation and an opportunity for a

proceeding.

(b) Complaint. - A person, including a governmental 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 violation. The Board may dismiss a complaint it

determines 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 investigative proceeding

begun by the Board under subsection (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.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 106(a), Dec. 29, 1995, 109

Stat. 926.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11701 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

EFFECTIVE DATE

Chapter effective Jan. 1, 1996, except as otherwise provided in

Pub. L. 104-88, see section 2 of Pub. L. 104-88, set out as a note

under section 701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 15904 of this title.

-End-

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49 USC Sec. 15902 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART C - PIPELINE CARRIERS

CHAPTER 159 - ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES

-HEAD-

Sec. 15902. Enforcement by the Board

-STATUTE-

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 providing

transportation subject to this part.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 106(a), Dec. 29, 1995, 109

Stat. 927.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11702 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

-End-

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49 USC Sec. 15903 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART C - PIPELINE CARRIERS

CHAPTER 159 - ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES

-HEAD-

Sec. 15903. Enforcement by the Attorney General

-STATUTE-

(a) On Behalf of Board. - The Attorney General 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 prosecute a

person violating this part or a regulation 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

providing 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.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 106(a), Dec. 29, 1995, 109

Stat. 927.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11703 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

-End-

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49 USC Sec. 15904 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART C - PIPELINE CARRIERS

CHAPTER 159 - ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES

-HEAD-

Sec. 15904. Rights and remedies of persons injured by pipeline

carriers

-STATUTE-

(a) Enforcement of Orders. - A person injured because a pipeline

carrier providing transportation 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

transportation.

(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.

(2) Payment deadline. - When the Board makes an award under

subsection (b), the Board shall order the carrier to pay the

amount awarded by a specific date. The Board may order a carrier

providing transportation subject to this part to pay damages only

when the proceeding is on complaint. The person for whose benefit

an order of the Board requiring the payment of money is made may

bring a civil action to enforce that order under this paragraph

if the carrier does not pay the amount awarded by the date

payment was ordered to be made.

(d) Civil Actions. -

(1) Complaint. - When a person begins a civil action under

subsection (b) to enforce an order of the Board requiring the

payment of damages by a pipeline carrier providing transportation

subject to this part, the text of the order of the Board must be

included in the complaint. In addition to the district courts of

the United States, a State court of general jurisdiction having

jurisdiction of the parties has jurisdiction to enforce an order

under this paragraph. The findings and order of the Board are

competent evidence of the facts stated in them. Trial in a civil

action brought in a district court of the United States under

this paragraph is in the judicial district in which the plaintiff

resides or in which the principal operating office of the carrier

is located. In a civil action under this paragraph, the plaintiff

is liable for only those costs that accrue on an appeal taken by

the plaintiff.

(2) Attorney's fees. - The district court shall award a

reasonable attorney's fee as a part of the damages for which a

carrier is found liable under this subsection. The district court

shall tax and collect that fee as a part of the costs of the

action.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 106(a), Dec. 29, 1995, 109

Stat. 927; amended Pub. L. 105-102, Sec. 2(15), Nov. 20, 1997, 111

Stat. 2205; Pub. L. 105-225, Sec. 7(b)(2), Aug. 12, 1998, 112 Stat.

1511.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 105-102

This amends 49:15904(c)(1) to correct an erroneous

cross-reference.

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11705 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

AMENDMENTS

1998 - Subsec. (c)(1). Pub. L. 105-225 inserted "section" before

"15901(b)".

1997 - Subsec. (c)(1). Pub. L. 105-102 substituted "15901(b)" for

"section 11501(b)".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 15905 of this title.

-End-

-CITE-

49 USC Sec. 15905 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART C - PIPELINE CARRIERS

CHAPTER 159 - ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES

-HEAD-

Sec. 15905. Limitation on actions by and against pipeline carriers

-STATUTE-

(a) In General. - A pipeline carrier providing transportation or

service subject to this part must begin a civil action to recover

charges for transportation or service provided by the carrier

within 3 years after the claim accrues.

(b) Overcharges. - A person must begin a civil action to recover

overcharges under section 15904(b)(1) within 3 years after the

claim accrues. If an election to file a complaint with the Board is

made under section 15904(c)(1), the complaint must be filed within

3 years after the claim accrues.

(c) Damages. - A person must file a complaint with the Board to

recover damages under section 15904(b)(2) within 2 years after the

claim accrues.

(d) Extensions. - The limitation periods under subsection (b) are

extended for 6 months from the time written notice is given to the

claimant by the carrier of disallowance of any part of the claim

specified in the notice if a written claim is given to the carrier

within those limitation periods. The limitation periods under

subsection (b) and the 2-year period under subsection (c) are

extended for 90 days from the time the carrier begins a civil

action under subsection (a) to recover charges related to the same

transportation or service, or collects (without beginning a civil

action under that subsection) the charge for that transportation or

service if that action is begun or collection is made within the

appropriate period.

(e) Payment. - A person must begin a civil action to enforce an

order of the Board against a carrier for the payment of money

within one year after the date the order required the money to be

paid.

(f) Government Transportation. - This section applies to

transportation for the United States Government. The time

limitations under this section are extended, as related to

transportation for or on behalf of the United States Government,

for 3 years from the date of -

(1) payment of the rate for the transportation or service

involved,

(2) subsequent refund for overpayment of that rate, or

(3) deduction made under section 3726 of title 31,

whichever is later.

(g) Accrual Date. - A claim related to a shipment of property

accrues under this section on delivery or tender of delivery by the

carrier.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 106(a), Dec. 29, 1995, 109

Stat. 928.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11706 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

-End-

-CITE-

49 USC Sec. 15906 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART C - PIPELINE CARRIERS

CHAPTER 159 - ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES

-HEAD-

Sec. 15906. Liability of pipeline carriers under receipts and bills

of lading

-STATUTE-

(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 liability 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 evidenced by a receipt, judgment, or transcript, and

the amount of its expenses reasonably incurred in defending a civil

action brought by that person.

(c) Civil Actions. - A civil action under this section may be

brought against a delivering carrier 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 judicial district,

and if in a State court, is in a State, through which the defendant

carrier operates a line or route.

(d) Minimum Period for Filing Claims. - A pipeline carrier may

not provide by rule, contract, 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 section. The period for bringing a civil action is

computed from the date the carrier gives a person written notice

that the carrier has disallowed any part of the claim specified in

the notice. For the purposes of this subsection -

(1) an offer of compromise shall not constitute a disallowance

of any part of the claim unless the carrier, in writing, informs

the claimant that such part of the claim is disallowed and

provides reasons for such disallowance; 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

carrier.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 106(a), Dec. 29, 1995, 109

Stat. 929.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11707 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

-End-