General civil penalties

49 U.S.C. § 16101

• Title: 49 — Transportation
• Chapter: 161 — CIVIL AND CRIMINAL PENALTIES

Text

(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.

History

(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.)

Editorial Notes

Historical and Revision Notes

Pub. L. 105–102
This amends 49:16101 to redesignate subsection (d) as (c) because no subsection (c) was enacted.

Editorial Notes

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).

Statutory Notes and Related Subsidiaries

Effective Date
Section 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 1301 of this title.