---
kind: "section"
citation: "33 U.S.C. § 1507"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "1507"
heading: "Common carrier status"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/1507"
units:
  - "Chapter 29 — Deepwater Ports"
---

# §1507. Common carrier status

- (a) **Status of deepwater ports and storage facilities—** A [deepwater port](/usc/33/1502.md?p=9) and a storage facility serviced directly by that [deepwater port](/usc/33/1502.md?p=9) shall operate as a common carrier under applicable provisions of part I of the Interstate Commerce Act and subtitle IV of [title 49](/usc/49.md), and shall accept, transport, or convey without discrimination all [oil](/usc/33/1502.md?p=14) delivered to the [deepwater port](/usc/33/1502.md?p=9) with respect to which its license is issued, except as provided by [subsection (b)](#b) of this section.
- (b) **Discrimination prohibition; exceptions—** A [licensee](/usc/33/1502.md?p=11) is not discriminating under this section and is not subject to common carrier regulations under [subsection (a)](#a) of this section when that [licensee](/usc/33/1502.md?p=11)—
  - (1) is subject to effective competition for the transportation of [oil](/usc/33/1502.md?p=14) 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](/usc/33/1502.md?p=11)’s cost of operation, and the [licensee](/usc/33/1502.md?p=11)’s investment in the [deepwater port](/usc/33/1502.md?p=9) and a storage facility, and components thereof, serviced directly by that [deepwater port](/usc/33/1502.md?p=9).
- (c) **Enforcement, suspension, or termination proceedings—** When the [Secretary](/usc/33/1502.md?p=17) has reason to believe that a [licensee](/usc/33/1502.md?p=11) is not in compliance with this section, the [Secretary](/usc/33/1502.md?p=17) 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](/usc/33/1502.md?p=17) may suspend or revoke the license of a [licensee](/usc/33/1502.md?p=11) not complying with its obligations under this section.
- (d) **Managed access—** Subsections [(a)](#a) and [(b)](#b) shall not apply to [deepwater ports](/usc/33/1502.md?p=9) for [natural gas](/usc/33/1502.md?p=13). A [licensee](/usc/33/1502.md?p=11) of a [deepwater port](/usc/33/1502.md?p=9) for [natural gas](/usc/33/1502.md?p=13), or an [affiliate](/usc/33/1502.md?p=2) thereof, may exclusively utilize the entire capacity of the [deepwater port](/usc/33/1502.md?p=9) and storage facilities for the acceptance, transport, storage, regasification, or conveyance of [natural gas](/usc/33/1502.md?p=13) produced, processed, marketed, or otherwise obtained by agreement by such [licensee](/usc/33/1502.md?p=11) or its [affiliates](/usc/33/1502.md?p=2). The [licensee](/usc/33/1502.md?p=11) may make unused capacity of the [deepwater port](/usc/33/1502.md?p=9) and storage facilities available to other [persons](/usc/33/1502.md?p=15), pursuant to reasonable terms and conditions imposed by the [licensee](/usc/33/1502.md?p=11), if such use does not otherwise interfere in any way with the acceptance, transport, storage, regasification, or conveyance of [natural gas](/usc/33/1502.md?p=13) produced, processed, marketed, or otherwise obtained by agreement by such [licensee](/usc/33/1502.md?p=11) or its [affiliates](/usc/33/1502.md?p=2).
- (e) **Jurisdiction—** Notwithstanding any provision of the Natural Gas Act ([15 U.S.C. 717](/usc/15/717.md) et seq.), any regulation or rule issued thereunder, or [section 1518 of this title](/usc/33/1518.md) as it pertains to such Act, this chapter shall apply with respect to the licensing, siting, [construction](/usc/33/1502.md?p=7), or operation of a deepwater [natural gas](/usc/33/1502.md?p=13) port or the acceptance, transport, storage, regasification, or conveyance of [natural gas](/usc/33/1502.md?p=13) at or through a [deepwater port](/usc/33/1502.md?p=9), to the exclusion of the Natural Gas Act or any regulation or rule issued thereunder.

## Source credit

(Pub. L. 93–627, § 8, Jan. 3, 1975, 88 Stat. 2136; Pub. L. 98–419, § 3(a), Sept. 25, 1984, 98 Stat. 1608; Pub. L. 104–324, title V, § 507, Oct. 19, 1996, 110 Stat. 3927; Pub. L. 107–295, title I, § 106(d), Nov. 25, 2002, 116 Stat. 2087.)

## Notes

### Editorial Notes

### 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 (§ 1 et seq.) of former Title 49, Transportation, was repealed by Pub. L. 95-473, § 4(b), Oct. 17, 1978, 92 Stat. 1467, the first section of which enacted subtitle IV (§ 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, which is classified generally to chapter 15B (§ 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, § 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, § 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.