§ 1507. Common carrier status

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1975

   Deepwater Port Act of 1974

   Pub. L. 93–627 § 8 · 88 Stat. 2127

   Enacted · 33 U.S.C. § 1507

   Pub. L. 93–627, § 8, Jan. 3, 1975, 88 Stat. 2136

   Source evidence

   Code source credit
   Pub. L. 93–627, § 8, Jan. 3, 1975, 88 Stat. 2136

   Enacted provision · exact public law section
   Sec. 8. common carrier status (a) For the purpose of chapter 39 of title 18, United States 33 USC 1507. Code (18 U.S.C. 831–837), and part I of the Interstate Commerce Act (49 U.S.C. 1–27), a deepwater port and storage facilities serviced directly by such deepwater port shall be subject to regulation as a common carrier in accordance with the Interstate Commerce Act, as amended. (b) A licensee under this Act shall accept, transport, or convey without discrimination all oil delivered to the deepwater port with respect to which its license is issued. Whenever the Secretary has reason to believe that a licensee is not operating a deepwater port, any storage facility or component thereof, in compliance with its obligations as a common carrier, the Secretary shall commence an appropriate proceeding before the Interstate Commerce Commission or he shall request the Attorney General to take appropriate steps to enforce such obligation and, where appropriate, to secure the imposition of appropriate sanctions. The Secretary may, in addition, proceed as provided in section 12 of this Act to suspend or terminate the license of any person so involved.

2. 1984

   Deepwater Port Act Amendments of 1984

   Pub. L. 98–419 § 3(a) · 98 Stat. 1607

   Substituted · 33 U.S.C. § 1507(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (a) Section 8 of the Deepwater Port Act of 1974 (33 U.S.C. 1507) is amended to read: “Sec. 8. (a) 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 49 USC 10101. and subtitle IV of title 49, United States Code, except as provided by subsection (b) of this section. “(b) A licensee under this Act 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 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) 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.”.

3. 1984

   Deepwater Port Act Amendments of 1984

   Pub. L. 98–419 § 3(a) · 98 Stat. 1607

   Redesignated · 33 U.S.C. § 1507(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)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (a) Section 8 of the Deepwater Port Act of 1974 (33 U.S.C. 1507) is amended to read: “Sec. 8. (a) 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 49 USC 10101. and subtitle IV of title 49, United States Code, except as provided by subsection (b) of this section. “(b) A licensee under this Act 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 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) 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.”.

4. 1984

   Deepwater Port Act Amendments of 1984

   Pub. L. 98–419 § 3(a) · 98 Stat. 1607

   Redesignated · 33 U.S.C. § 1507(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (a) Section 8 of the Deepwater Port Act of 1974 (33 U.S.C. 1507) is amended to read: “Sec. 8. (a) 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 49 USC 10101. and subtitle IV of title 49, United States Code, except as provided by subsection (b) of this section. “(b) A licensee under this Act 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 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) 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.”.

5. 1996

   Deepwater Port Modernization Act

   Pub. L. 104–324 § 507(a) · 110 Stat. 3901

   Inserted · 33 U.S.C. § 1507(a)

   Pub. L. 104–324, § 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,”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–324, § 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,”.

   Enacted provision · exact public law section
   (a) As Common Carrier.— Section 8(a) of the Deepwater Port Act of 1974 (33 U.S.C. 1507(a)) is amended by inserting after “subtitle IV of title 49, United States Code,” the following: “and shall accept, transport, or convey without discrimination all oil delivered to the deepwater port with respect to which its license is issued,”.

6. 1996

   Deepwater Port Modernization Act

   Pub. L. 104–324 § 507(b) · 110 Stat. 3901

   Substituted · 33 U.S.C. § 1507(b)

   Pub. L. 104–324, § 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”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–324, § 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”.

   Enacted provision · exact public law section
   (b) Conforming Amendment.— Section 8(b) of such Act is amended by striking the first sentence and the first 3 words of the second sentence and inserting the following: “A licensee is not discriminating under this section and”.

7. 2002

   Maritime Transportation Security Act of 2002

   Pub. L. 107–295 title I § 106(d) · 116 Stat. 2064

   Added · 33 U.S.C. § 1507(d); 33 U.S.C. § 1507(e)

   Pub. L. 107–295 added subsecs. (d) and (e)

   Source evidence

   Code amendment note
   Subsecs. (d), (e). Pub. L. 107–295 added subsecs. (d) and (e).

   Enacted provision · exact public law section
   (d) Facility Development.— Section 8 of the Deepwater Port Act of 1974 (33 U.S.C. 1507) is amended by adding at the end the following: “(d) Managed Access.— Subsections (a) and (b) 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 19 as it pertains to such Act, this Act 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.”.

7 of 7 references resolved to an enrolled provision