Enforcement, Investigations, Rights, and Remedies (Pipelines)

§ 15721

TITLE 49—TRANSPORTATION

the carrier’s rates and other service terms shall
be—
(1) in writing and forwarded to the requesting person promptly after receipt of the request; or
(2) promptly made available in electronic
form.
LIMITATION ON RATE INCREASES AND
CHANGES TO SERVICE TERMS.—A pipeline carrier
may not increase any common carrier rates or
change any common carrier service terms unless
20 days have expired after written or electronic
notice is provided to any person who, within the
previous 12 months—
(1) has requested such rates or terms under
subsection (b); or
(2) has made arrangements with the carrier
for a shipment that would be subject to such
increased rates or changed terms.
(c)

(d) PROVISION OF SERVICE.—A pipeline carrier
shall provide transportation or service in accordance with the rates and service terms, and
any changes thereto, as published or otherwise
made available under subsection (b) or (c).
(e) REGULATIONS.—The Board shall, by regulation, establish rules to implement this section.
The regulations shall provide for immediate disclosure and dissemination of rates and service
terms, including classifications, rules, and practices, and their effective dates. The regulations
may modify the 20-day period specified in subsection (c). Final regulations shall be adopted by
the Board not later than 180 days after January
1, 1996.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29,
1995, 109 Stat. 925; amended Pub. L. 104–287,
§ 5(44), Oct. 11, 1996, 110 Stat. 3393.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 11101 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).

Page 390

interest of a group of pipeline carriers that
performs a service, or engages in activities, related to transportation under this part.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29,
1995, 109 Stat. 925.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 11141 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).

§ 15722. Records: form; inspection; preservation
(a) FORM OF RECORDS.—The Board may prescribe the form of records required to be prepared or compiled under this subchapter by pipeline carriers and lessors, including records related to movement of traffic and receipts and expenditures of money.
(b) INSPECTION.—The Board, or an employee
designated by the Board, may on demand and
display of proper credentials—
(1) inspect and examine the lands, buildings,
and equipment of a pipeline carrier or lessor;
and
(2) inspect and copy any record of—
(A) a pipeline carrier, lessor, or association; and
(B) a person controlling, controlled by, or
under common control with a pipeline carrier if the Board considers inspection relevant to that person’s relation to, or transaction with, that carrier.
(c) PRESERVATION PERIOD.—The Board may
prescribe the time period during which operating, accounting, and financial records must be
preserved by pipeline carriers and lessors.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29,
1995, 109 Stat. 926.)
PRIOR PROVISIONS

AMENDMENTS

Provisions similar to those in this section were contained in section 11144 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).

1996—Subsec. (e). Pub. L. 104–287 substituted ‘‘January 1, 1996’’ for ‘‘the effective date of this section’’.

§ 15723. Reports by carriers, lessors, and associations

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.

SUBCHAPTER B—OPERATIONS OF
CARRIERS
AMENDMENTS
1996—Pub. L. 104–287, § 5(43)(B)(ii), Oct. 11, 1996, 110
Stat. 3393, made technical amendment to subchapter
heading.

(a) FILING OF REPORTS.—The Board may require pipeline carriers, lessors, and associations,
or classes of them as the Board may prescribe,
to file annual, periodic, and special reports with
the Board containing answers to questions asked
by it.
(b) UNDER OATH.—Any report under this section shall be made under oath.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29,
1995, 109 Stat. 926.)
PRIOR PROVISIONS

§ 15721. Definitions
In this subchapter, the following definitions
apply:
(1) CARRIER, LESSOR.—The terms ‘‘carrier’’
and ‘‘lessor’’ include a receiver or trustee of a
pipeline carrier and lessor, respectively.
(2) LESSOR.—The term ‘‘lessor’’ means a person owning a pipeline that is leased to and operated by a carrier providing transportation
under this part.
(3) ASSOCIATION.—The term ‘‘association’’
means an organization maintained by or in the

Provisions similar to those in this section were contained in section 11145 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).

CHAPTER 159—ENFORCEMENT:
INVESTIGATIONS, RIGHTS, AND REMEDIES
Sec.

15901.
15902.
15903.
15904.

General authority.
Enforcement by the Board.
Enforcement by the Attorney General.
Rights and remedies of persons injured by
pipeline carriers.

Page 391
Sec.

15905.
15906.

§ 15904

TITLE 49—TRANSPORTATION

Limitation on actions by and against pipeline
carriers.
Liability of pipeline carriers under receipts
and bills of lading.
AMENDMENTS

1998—Pub. L. 105–225, § 7(d), Aug. 12, 1998, 112 Stat.
1512, made technical amendment to directory language
of Pub. L. 104–287, § 5(45)(A), effective Oct. 11, 1996. See
1996 Amendment note below.
1997—Pub. L. 105–102, § 3(d)(1)(A), Nov. 20, 1997, 111
Stat. 2215, which directed technical correction of directory language of Pub. L. 104–287, § 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, § 2(14), Nov. 20, 1997, 111 Stat. 2205,
substituted ‘‘pipeline’’ for ‘‘certain’’ in item 15904.
1996—Pub. L. 104–287, § 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, § 5(45)(A), Oct. 11, 1996, 110 Stat. 3393,
as amended by Pub. L. 105–225, struck out duplicative
chapter heading.

§ 15901. General authority
(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.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29,
1995, 109 Stat. 926.)
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, § 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.

§ 15902. Enforcement by the Board
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.

(Added Pub. L. 104–88, title I, § 106(a), Dec. 29,
1995, 109 Stat. 927.)
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, § 102(a).

§ 15903. Enforcement by the Attorney General
(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.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29,
1995, 109 Stat. 927.)
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, § 102(a).

§ 15904. Rights and remedies of persons injured
by pipeline carriers
(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.

§ 15905

TITLE 49—TRANSPORTATION

Page 392

(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.

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,

(Added Pub. L. 104–88, title I, § 106(a), Dec. 29,
1995, 109 Stat. 927; amended Pub. L. 105–102,
§ 2(15), Nov. 20, 1997, 111 Stat. 2205; Pub. L.
105–225, § 7(b)(2), Aug. 12, 1998, 112 Stat. 1511.)

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.

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, § 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)’’.

§ 15905. Limitation on actions by and against
pipeline carriers
(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

(Added Pub. L. 104–88, title I, § 106(a), Dec. 29,
1995, 109 Stat. 928.)
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, § 102(a).

§ 15906. Liability of pipeline carriers under receipts 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 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.

Page 393

(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.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29,
1995, 109 Stat. 929.)
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, § 102(a).

CHAPTER 161—CIVIL AND CRIMINAL
PENALTIES
Sec.

16101.
16102.
16103.
16104.
16105.
16106.

§ 16102

TITLE 49—TRANSPORTATION

General civil penalties.
Recordkeeping and reporting violations.
Unlawful disclosure of information.
Disobedience to subpenas.
General criminal penalty when specific penalty not provided.
Punishment of corporation for violations
committed by certain individuals.
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 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.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29,
1995, 109 Stat. 930; amended Pub. L. 105–102,
§ 2(16), Nov. 20, 1997, 111 Stat. 2205.)
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, § 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.

§ 16102. Recordkeeping and reporting violations
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.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29,
1995, 109 Stat. 930.)