
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.

(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.)

                       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.


                               Amendments

    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.
