US (United States) Code. Title 49. Subtitle IV. Part C. Chapter 161: Civil and criminal penalties

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Transportation

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  • País: Estados Unidos Estados Unidos
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49 USC CHAPTER 161 - CIVIL AND CRIMINAL PENALTIES 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART C - PIPELINE CARRIERS

CHAPTER 161 - CIVIL AND CRIMINAL PENALTIES

-HEAD-

CHAPTER 161 - CIVIL AND CRIMINAL PENALTIES

-MISC1-

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 penalty not

provided.

16106. Punishment of corporation for violations committed by

certain individuals.

AMENDMENTS

1996 - Pub. L. 104-287, Sec. 5(46), Oct. 11, 1996, 110 Stat.

3393, struck out duplicative chapter heading.

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49 USC Sec. 16101 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART C - PIPELINE CARRIERS

CHAPTER 161 - CIVIL AND CRIMINAL PENALTIES

-HEAD-

Sec. 16101. General civil penalties

-STATUTE-

(a) General. - Except as otherwise provided in this section, a

pipeline carrier providing transportation subject to this part, an

officer or agent of that carrier, or a receiver, trustee, lessee,

or agent of one of them, knowingly violating 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 violation. 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 chapter 157 to make,

prepare, preserve, or submit to the Board a record concerning

transportation subject to this part that does not make, prepare,

preserve, or submit that record as required under that chapter,

is liable to the United States for a civil penalty of $500 for

each violation.

(2) Inspection. - A carrier providing transportation subject to

this part, and a lessor, receiver, or trustee of that carrier,

violating section 15722, is liable to the United States for a

civil penalty of $100 for each violation.

(3) Reports. - A carrier providing transportation subject to

the jurisdiction of the Board under this part, a lessor,

receiver, or trustee of that carrier, and an officer, agent, or

employee of one of them, required to make a report to the Board

or answer a question that does not make the report or does not

specifically, 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 violation 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.

-SOURCE-

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

Stat. 930; amended Pub. L. 105-102, Sec. 2(16), Nov. 20, 1997, 111

Stat. 2205.)

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HISTORICAL AND REVISION NOTES

PUB. L. 105-102

This amends 49:16101 to redesignate subsection (d) as (c) because

no subsection (c) was enacted.

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11901 of this title prior to the general amendment of this

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

AMENDMENTS

1997 - Subsecs. (c), (d). Pub. L. 105-102 redesignated subsec.

(d) as (c).

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.

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49 USC Sec. 16102 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART C - PIPELINE CARRIERS

CHAPTER 161 - CIVIL AND CRIMINAL PENALTIES

-HEAD-

Sec. 16102. Recordkeeping and reporting violations

-STATUTE-

A person required to make a report to the Board, or make,

prepare, or preserve a record, under chapter 157 about

transportation subject to this part that knowingly and willfully -

(1) makes a false entry in the report or record,

(2) destroys, mutilates, changes, or by another means falsifies

the record,

(3) does not enter business related facts and transactions in

the record,

(4) makes, prepares, or preserves the record in violation of a

regulation or order of the Board, or

(5) files a false report or record with the Board,

shall be fined under title 18 or imprisoned not more than 2 years,

or both.

-SOURCE-

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

Stat. 930.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11909 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. 16103 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART C - PIPELINE CARRIERS

CHAPTER 161 - CIVIL AND CRIMINAL PENALTIES

-HEAD-

Sec. 16103. Unlawful disclosure of information

-STATUTE-

(a) General Prohibition. - A pipeline carrier providing

transportation subject to this part, or an officer, agent, or

employee of that carrier, or another person authorized to receive

information from that carrier, that knowingly discloses to another

person, except the shipper or consignee, or a person who solicits

or knowingly receives information about the nature, kind, quantity,

destination, consignee, or routing of property tendered or

delivered to that carrier for transportation provided under this

part without the consent of the shipper or consignee, if that

information may be used to the detriment of the shipper or

consignee or may disclose improperly, to a competitor the business

transactions of the shipper or consignee, is liable to the United

States for a civil penalty of not more than $1,000.

(b) Limitation on Statutory Construction. - This part does not

prevent a pipeline carrier providing transportation under this part

from giving information -

(1) in response to legal process issued under authority of a

court of the United States or a State;

(2) to an officer, employee, or agent of the United States

Government, a State, or a territory or possession of the United

States; or

(3) to another carrier or its agent to adjust mutual traffic

accounts in the ordinary course of business.

(c) Board Employee. - An employee of the Board delegated to make

an inspection or examination under section 15722 who knowingly

discloses information acquired during that inspection or

examination, except as directed by the Board, a court, or a judge

of that court, shall be fined under title 18 or imprisoned for not

more than 6 months, or both.

-SOURCE-

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

Stat. 931.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11910 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. 16104 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART C - PIPELINE CARRIERS

CHAPTER 161 - CIVIL AND CRIMINAL PENALTIES

-HEAD-

Sec. 16104. Disobedience to subpenas

-STATUTE-

Whoever does not obey a subpena or requirement of the Board to

appear and testify or produce records shall be fined under title 18

or imprisoned not more than 1 year, or both.

-SOURCE-

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

Stat. 931.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11913 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. 16105 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART C - PIPELINE CARRIERS

CHAPTER 161 - CIVIL AND CRIMINAL PENALTIES

-HEAD-

Sec. 16105. General criminal penalty when specific penalty not

provided

-STATUTE-

When another criminal penalty is not provided under this chapter,

a pipeline carrier providing transportation subject to this part,

and when that carrier is a corporation, a director or officer of

the corporation, or a receiver, trustee, lessee, or person acting

for or employed by the corporation that, alone or with another

person, willfully violates this part or an order prescribed under

this part, shall be fined under title 18 or imprisoned not more

than 2 years, or both. A separate violation occurs each day a

violation of this part continues.

-SOURCE-

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

Stat. 931.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11914 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. 16106 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART C - PIPELINE CARRIERS

CHAPTER 161 - CIVIL AND CRIMINAL PENALTIES

-HEAD-

Sec. 16106. Punishment of corporation for violations committed by

certain individuals

-STATUTE-

An act or omission that would be a violation of this subtitle if

committed by a director, officer, receiver, trustee, lessee, agent,

or employee of a pipeline carrier providing transportation or

service subject to this part that is a corporation is also a

violation of this part by that corporation. The penalties of this

chapter apply to that violation. When acting in the scope of their

employment, the actions and omissions of individuals acting for or

employed by that carrier are considered to be the actions and

omissions of that carrier as well as that individual.

-SOURCE-

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

Stat. 931.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11915 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 SUBTITLE V - RAIL PROGRAMS 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

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SUBTITLE V - RAIL PROGRAMS

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PART A - SAFETY

Chapter Sec.

201. General 20101

203. Safety Appliances 20301

205. Signal Systems 20501

207. Locomotives 20701

209. Accidents and Incidents 20901

211. Hours of Service 21101

213. Penalties 21301

PART B - ASSISTANCE

221. Local Rail Freight Assistance 22101

223. Light Density Rail Line Pilot Projects 22301

PART C - PASSENGER TRANSPORTATION

241. General 24101

243. Amtrak 24301

[245. Repealed.]

247. Amtrak Route System 24701

249. Northeast Corridor Improvement Program 24901

PART D - HIGH-SPEED RAIL

261. High-Speed Rail Assistance 26101

PART E - MISCELLANEOUS

281. Law Enforcement 28101

283. Standard Work Day 28301

AMENDMENTS

1998 - Pub. L. 105-178, title VII, Sec. 7202(b), June 9, 1998,

112 Stat. 471, added item for chapter 223.

1997 - Pub. L. 105-134, title I, Sec. 106(a), Dec. 2, 1997, 111

Stat. 2573, struck out item for chapter 245 "Amtrak Commuter".

1996 - Pub. L. 104-287, Sec. 5(56)(B), Oct. 11, 1996, 110 Stat.

3394, added item for chapter 283.

1994 - Pub. L. 103-440, title I, Sec. 103(b)(1), Nov. 2, 1994,

108 Stat. 4618, added part D and item for chapter 261, struck out

former part D "MISCELLANEOUS" and former item for chapter 261 "Law

Enforcement . . . 26101", and added part E and item for chapter

281.

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49 USC PART A - SAFETY 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

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PART A - SAFETY

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