§ 1507. — Common carrier status.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1507]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 29--DEEPWATER PORTS
Sec. 1507. Common carrier status
(a) Status of deepwater ports and storage facilities
A deepwater port and a storage facility serviced directly by that
deepwater port shall operate as a common carrier under applicable
provisions of part I of the Interstate Commerce Act and subtitle IV of
title 49, and shall accept, transport, or convey without discrimination
all oil delivered to the deepwater port with respect to which its
license is issued, except as provided by subsection (b) of this section.
(b) Discrimination prohibition; exceptions
A licensee is not discriminating under this section and is not
subject to common carrier regulations under subsection (a) of this
section when that licensee--
(1) is subject to effective competition for the transportation
of oil from alternative transportation systems; and
(2) sets its rates, fees, charges, and conditions of service on
the basis of competition, giving consideration to other relevant
business factors such as the market value of services provided,
licensee's cost of operation, and the licensee's investment in the
deepwater port and a storage facility, and components thereof,
serviced directly by that deepwater port.
(c) Enforcement, suspension, or termination proceedings
When the Secretary has reason to believe that a licensee is not in
compliance with this section, the Secretary shall commence an
appropriate proceeding before the Federal Energy Regulatory Commission
or request the Attorney General to take appropriate steps to enforce
compliance with this section and, when appropriate, to secure the
imposition of appropriate sanctions. In addition, the Secretary may
suspend or revoke the license of a licensee not complying with its
obligations under this section.
(d) Managed access
Subsections (a) and (b) of this section shall not apply to deepwater
ports for natural gas. A licensee of a deepwater port for natural gas,
or an affiliate thereof, may exclusively utilize the entire capacity of
the deepwater port and storage facilities for the acceptance, transport,
storage, regasification, or conveyance of natural gas produced,
processed, marketed, or otherwise obtained by agreement by such licensee
or its affiliates. The licensee may make unused capacity of the
deepwater port and storage facilities available to other persons,
pursuant to reasonable terms and conditions imposed by the licensee, if
such use does not otherwise interfere in any way with the acceptance,
transport, storage, regasification, or conveyance of natural gas
produced, processed, marketed, or otherwise obtained by agreement by
such licensee or its affiliates.
(e) Jurisdiction
Notwithstanding any provision of the Natural Gas Act (15 U.S.C. 717
et seq.), any regulation or rule issued thereunder, or section 1518 of
this title as it pertains to such Act, this chapter shall apply with
respect to the licensing, siting, construction, or operation of a
deepwater natural gas port or the acceptance, transport, storage,
regasification, or conveyance of natural gas at or through a deepwater
port, to the exclusion of the Natural Gas Act or any regulation or rule
issued thereunder.
(Pub. L. 93-627, Sec. 8, Jan. 3, 1975, 88 Stat. 2136; Pub. L. 98-419,
Sec. 3(a), Sept. 25, 1984, 98 Stat. 1608; Pub. L. 104-324, title V,
Sec. 507, Oct. 19, 1996, 110 Stat. 3927; Pub. L. 107-295, title I,
Sec. 106(d), Nov. 25, 2002, 116 Stat. 2087.)
References in Text
The Interstate Commerce Act, referred to in subsec. (a), is act Feb.
4, 1887, ch. 104, 24 Stat. 379, as amended. Part I of the Act, which was
classified to chapter 1 (Sec. 1 et seq.) of former Title 49,
Transportation, was repealed by Pub. L. 95-473, Sec. 4(b), Oct. 17,
1978, 92 Stat. 1467, the first section of which enacted subtitle IV
(Sec. 10101 et seq.) of Title 49. For distribution of former sections of
Title 49 into the revised Title 49, see Table at the beginning of Title
49.
The Natural Gas Act, referred to in subsec. (e), is act June 21,
1938, ch. 556, 52 Stat. 821, as amended, which is classified generally
to chapter 15B (Sec. 717 et seq.) of Title 15, Commerce and Trade. For
complete classification of this Act to the Code, see section 717w of
Title 15 and Tables.
Amendments
2002--Subsecs. (d), (e). Pub. L. 107-295 added subsecs. (d) and (e).
1996--Subsec. (a). Pub. L. 104-324, Sec. 507(a), inserted ``and
shall accept, transport, or convey without discrimination all oil
delivered to the deepwater port with respect to which its license is
issued,'' after ``subtitle IV of title 49,''.
Subsec. (b). Pub. L. 104-324, Sec. 507(b), substituted ``A licensee
is not discriminating under this section and'' for ``A licensee under
this chapter shall accept, transport, or convey without discrimination
all oil delivered to the deepwater port with respect to which its
license is issued. However, a licensee''.
1984--Subsec. (a). Pub. L. 98-419 substituted provision that a
deepwater port and a storage facility serviced directly by that
deepwater port shall operate as a common carrier under applicable
provisions of part I of the Interstate Commerce Act and subtitle IV of
title 49 except as provided by subsec. (b), for provision that such port
and such facilities were subject to regulations as a common carrier in
accordance with the Interstate Commerce Act, as amended, for purposes of
chapter 39 of title 18 and former sections 1 to 27 of title 49.
Subsec. (b). Pub. L. 98-419 inserted provisions enumerating
conditions under which a licensee is not subject to common carrier
regulations under subsec. (a). Provisions dealing with enforcement,
suspension, or termination proceedings, were redesignated as subsec.
(c).
Subsec. (c). Pub. L. 98-419 redesignated a portion of provisions of
subsec. (b) as subsec. (c), and in subsec. (c) as so redesignated
substituted provisions authorizing the Secretary to commence proceedings
before the Federal Energy Regulatory Commission, or to suspend or revoke
licenses of noncomplying licensees, in the event of noncompliance with
this section, for provisions which had authorized the Secretary to
commence proceedings before the Interstate Commerce Commission or to
suspend or terminate licenses of noncomplying licensees as provided in
section 1511 of this title, in the event of noncompliance by a licensee
with its obligations as a common carrier.
