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49 USC CHAPTER 153 - JURISDICTION 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART C - PIPELINE CARRIERS

CHAPTER 153 - JURISDICTION

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CHAPTER 153 - JURISDICTION

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Sec.

15301. General pipeline jurisdiction.

15302. Authority to exempt pipeline carrier transportation.

AMENDMENTS

1996 - Pub. L. 104-287, Sec. 5(42), Oct. 11, 1996, 110 Stat.

3392, struck out duplicative chapter heading.

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49 USC Sec. 15301 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART C - PIPELINE CARRIERS

CHAPTER 153 - JURISDICTION

-HEAD-

Sec. 15301. General pipeline jurisdiction

-STATUTE-

(a) In General. - The Board has jurisdiction over transportation

by pipeline, or by pipeline and railroad or water, when

transporting a commodity other than water, gas, or oil.

Jurisdiction under this subsection applies only to transportation

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 possession 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 Transportation. - The Board

does not have jurisdiction under subsection (a) over the

transportation of property, or the receipt, delivery, storage, 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 exercising 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 requirement is inconsistent with an order

of the Board issued under this part or is prohibited under this

part.

-SOURCE-

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

Stat. 922.)

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PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 10501 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.

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49 USC Sec. 15302 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART C - PIPELINE CARRIERS

CHAPTER 153 - JURISDICTION

-HEAD-

Sec. 15302. Authority to exempt pipeline carrier transportation

-STATUTE-

(a) In General - In a matter related to a pipeline carrier

providing transportation subject to jurisdiction under this

chapter, the Board shall exempt a person, class of persons, or a

transaction 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 transportation 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

interested party.

(c) Period of Exemption. - The Board may specify the period of

time during which an exemption granted under this section is

effective.

(d) Revocation. - The Board may revoke an exemption, to the

extent it specifies, when it finds that application, in whole or in

part, of a provision of this part to the person, class, or

transportation is necessary to carry out the transportation policy

of section 15101.

-SOURCE-

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

Stat. 923.)

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