632 



§ 1506. Antitrust review. 



(a) Oninions of Attorney General and Feder-l Trade 

 Commission: drfense to judicial proceedings, li- 

 cense inadmissible. 



The Secretary shall not issue, transfer, or renew 

 any license pursuant to sectio"^ 1503 of this title 

 unless he has received the opinions of the Attorney 

 General of the United States and the Federal Trade 

 Commission as to whether such action would ad- 

 versely affect comoetition, restrain trade, promote 

 monopolization, or otherwise create a situation i" 

 contravention of the antitrust laws. The issuance of 

 a license under this chapter shall not be admissible 

 in any way as a defense to any civil or criminal 

 action for violatioi of the antitrust laws of the 

 United States, nor shall it in any way modifv or 

 abridge any private right of action under such laws. 



(b) .Applications: siibmitt.il to Attorney Geneva! and 

 Fedc-al TraHe Commission fo>- preparation of re- 

 ports to .Secetary of Transportation; antitrus* 

 laws unaffected. 



(1) Whenever any application for issuance, trans- 

 fer, substantial change in, or renewal of a"^v license 

 is received, the Secretary shall transmit promptly to 

 the Attorney General and the Federal Trade Com- 

 mission a complete copy of such application. Within 

 45 days following the last public hearing, the At- 

 torney General and the Federal Trade Commission 

 shall each prepare ad submit to the Secretary a 

 report assessing the competitive effects which may 

 result from issuance of the proposed license and the 

 opinions describsd in subsection (a) of this section. 

 If either the Attorney General or the Federal Trade 

 Commission, or both, fails to file such views within 

 such period, the Secretary shall proceed as if he had 

 received such views. 



(2) Nothing in this section shall be construed to 

 bar the Attorney Genera! or the Federal Trade Com- 

 mission from challenging any anticompetitive situa- 

 tion involved in the ownership, construction, or op- 

 eration of a deepwater port. 



(3) Nothing contained in this section shall impair, 

 ame"d, broaden or modify any of the antitrust laws. 

 'Pub. L. 93-627, § 7, Jan. 3, 1975, 88 Stat. 2135.) 



§ 1307. Comm-^n carrier status; discrimination prohibi- 

 tion- enforcement, suspension, or te:mination 

 proceedings. 



(ai For the pur'-ose of chapter ng of Title 18 (sec- 

 tions 831-837 of Title 13), and part I of the Inter- 

 state Commerce Act (sections 1-27 of Tit!" 49), a 

 deepwater port and storage facilities serviced di- 

 rectlv by su'-h deepwater nort sba'l be subject to 

 regulation as a common carrier in accordance with 

 the Interstate Commerce Act, as amended 



(b) A licensee under this chapter shall accept, 

 transport, or convey without discriminatior all oil 

 delivered to the deepwater pert with respect to which 

 its license is issued. Whenever the Secretary has 

 reason to bPlieve that a licensee is not operating a 

 deepwater port, any storage facility or component 

 thereof, in comnliance with its obligations as a com- 

 mon carrier, the Secretary shall commence an appro- 

 priate proceeding before the Interstate Commerce 



Commission or he shall request the Attorney Gen- 

 eral to talte appropriate steps to enforce su'-h obliga- 

 tion and, where appropriate, to secure the imposi- 

 tion of appropriate sanctions. The Secretary may, in 

 addition, proceed as provided in section 1511 of this 

 title to suspend or terminate the license of any per- 

 son so involved. (Pub. L. 93-627, § 8, Jan. 3, 1975, 88 

 Stat. 2136.) 



§ 1508. .*diacent coastal Sta*es. 



(a) DesitrnaMon; direct pipeline connections; mi'eage; 

 risk of dn.m-'ge to coastal environment, time for 

 designation. 



(1) The Secretary, in Issuing notice of applica- 

 tion pursuant to section 1504'c) of this title, shall 

 designate as an "adjacent coastal State" any coastal 

 State which 'A) would be directly connected by 

 pipeline to a deepwater port as proposed in an ap- 

 plication, or (B) would be located within 15 miles of 

 any such proposed deepwater port. 



f?) The Secretary shall, upon request of a State, 

 and after havirg received the recommendations of 

 the Administrator of the National Oceanic and At- 

 mospheric Administration, designate such State as 

 an "adjacent coastal State" if he determines that 

 there is a risk of damage to the coastal environ- 

 ment of such State equal to or greater than the risk 

 posed to a State directly connected by pipeline to the 

 proposed deepwater port. This paragraph shall apply 

 only with respect to requests made by a State not 

 later than the 14th day after the date of publication 

 of notice of an application for a proposed deepwater 

 port in the Federal Register in accordance with sec- 

 tion 1504(c) of this title. The Secretary shall make 

 the designation required by this paragraph not later 

 than the 45th day after the date he receives such a 

 request frofn a State. 



(b) Applications; submittal to Governo>-s for approval 

 or disapproval : consistency of Fode a! licenses and 

 State programs; views of o'her interested States. 



(1) Not later than 10 days after the designation 

 of adjacent coastal States pursuant to this chapter, 

 the Secretary shall transmit a complete copy of the 

 application to the Governor of each adjacent coastal 

 State. The Secretary shall not issue a license with- 

 out the approval of the Governor of each adjacent 

 coastal State. If the Governor fails to transmit his 

 approval or disapproval to the Secretary not later 

 than 45 days after the last public hearing on appli- 

 cations for a particular application area, such ap- 

 proval shall be conclusively presumed. If the Gov- 

 ernor notifies the Secretary that an application, 

 which would otherwise be approved pursuant to this 

 paragraph, is inconsistent with State programs re- 

 lating to environmental protection, land and water 

 use, and coastal zone management, the Secretary 

 shall condition the license granted so as to make it 

 consistent with such State programs. 



(2) Any other interested State shall have the op- 

 portunity to make its views known to, and shall be 

 given full consideration by, the Secretary regarding 

 the location, construction, and operation of a deep- 

 water f)ort. 



