§715d — Title 15 Commerce and Trade | U.S. Code

Summary

The President must create rules to enforce this chapter. Those rules can require reports, maps, affidavits, records, and inspections about producing, storing, refining, processing, transporting, or handling petroleum and petroleum products. If needed for enforcement, the President must require certificates of clearance for interstate shipments from certain areas and set up one or more boards to issue them. Boards must issue a certificate unless the oil is found to be contraband, and they can deny one only by order after a hearing. If denied, a person can ask the U.S. District Court where the board sits for review within 30 days. The board must file the record, and the court may affirm, change, or set aside the order. The court’s decision is final except for review under sections 1254, 1291, and 1292 of title 28.

Title 15, §715d

Commerce and Trade — Source: USLM XML via OLRC

(a)The President shall prescribe such regulations as he finds necessary or appropriate for the enforcement of the provisions of this chapter, including but not limited to regulations requiring reports, maps, affidavits, and other documents relating to the production, storage, refining, processing, transporting, or handling of petroleum and petroleum products, and providing for the keeping of books and records, and for the inspection of such books and records and of properties and facilities.

(b)Whenever the President finds it necessary or appropriate for the enforcement of the provisions of this chapter he shall require certificates of clearance for petroleum and petroleum products moving or to be moved in interstate commerce from any particular area, and shall establish a board or boards for the issuance of such certificates. A certificate of clearance shall be issued by a board so established in any case where such board determines that the petroleum or petroleum products in question does not constitute contraband oil. Denial of any such certificate shall be by order of the board, and only after reasonable opportunity for hearing. Whenever a certificate of clearance is required for any area in any State, it shall be unlawful to ship or transport petroleum or petroleum products in interstate commerce from such area unless a certificate has been obtained therefor.

(c)Any person whose application for a certificate of clearance is denied may obtain a review of the order denying such application in the United States District Court for the district wherein the board is sitting by filing in such court within thirty days after the entry of such order a written petition praying that the order of the board be modified or set aside, in whole or in part. A copy of such petition shall be forthwith served upon the board, and thereupon the board shall certify and file in the court a transcript of the record upon which the order complained of was entered. Upon the filing of such transcript, such court shall have jurisdiction to affirm, modify, or set aside such order, in whole or in part. No objection to the order of the board shall be considered by the court unless such objection shall have been urged before the board. The finding of the board as to the facts, if supported by evidence, shall be conclusive. The judgment and decree of the court shall be final, subject to review as provided in section 1254, 1291, and 1292 of title 28.

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (c), “section 1254, 1291, and 1292 of title 28” substituted for “section 128 and 240 of the Judicial Code, as amended [28 U.S.C. 225 and 347]” on authority of act June 25, 1948, ch. 646, 62 Stat. 869, the first section of which enacted Title 28, Judiciary and Judicial Procedure.

§715d Enforcement of chapter

Summary

Title 15, §715d

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata