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§ 715d. —  Enforcement of chapter.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 15USC715d]

 
                      TITLE 15--COMMERCE AND TRADE
 
      CHAPTER 15A--INTERSTATE TRANSPORTATION OF PETROLEUM PRODUCTS
 
Sec. 715d. Enforcement of chapter


(a) Rules and regulations

    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) Certificate of clearance for petroleum and petroleum products

    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) Review of order of denial of certificate of clearance

    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 sections 1254, 1291, 
and 1292 of title 28.

(Feb. 22, 1935, ch. 18, Sec. 5, 49 Stat. 31.)

                          Codification

    In subsec. (c), ``sections 1254, 1291, and 1292 of title 28'' 
substituted for ``sections 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 715f, 715h of this title; 
title 18 section 6001.



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