42 U.S.C. § 9121 — Suspension, revocation, and termination

Page 7685 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9122 tion or regulation applicable to the license, and to report to the Administrator whenever such officers or employees have reason to be- lieve there is a failure to comply; (2) to cooperate with such officers and em- ployees in the performance of monitoring functions; and (3) to monitor the environmental effects, if any, of the operation of the ocean thermal en- ergy conversion facility or plantship in ac- cordance with regulations issued by the Ad- ministrator, and to submit such information as the Administrator finds to be necessary and appropriate to assess environmental impacts and to develop and evaluate mitigation meth- ods and possibilities. (Pub. L. 96–320, title I, § 110, Aug. 3, 1980, 94 Stat. 988; Pub. L. 98–623, title VI, § 602(a)(8), Nov. 8, 1984, 98 Stat. 3411.) Editorial Notes AMENDMENTS 1984—Par. (1). Pub. L. 98–623 substituted ‘‘in or aboard’’ for ‘‘aboard’’. § 9121. Suspension, revocation, and termination of licenses (a) Filing of action by Attorney General; auto- matic suspension Whenever a licensee fails to comply with any applicable provision of this chapter or any appli- cable rule, regulation, restriction, or condition issued or imposed by the Administrator under the authority of this chapter, the Attorney Gen- eral, at the request of the Administrator, shall file an action in the appropriate United States district court to— (1) suspend the license; or (2) if such failure is knowing and continues for a period of 30 days after the Administrator mails notification of such failure by registered letter to the licensee at his record post office address, revoke such license. No proceeding under this section is necessary if the license, by its terms, provides for automatic suspension or termination upon the occurrence of a fixed or agreed upon condition, event, or time. (b) Immediate suspension of construction or op- eration pending completion of proceedings If the Administrator determines that imme- diate suspension of the construction or oper- ation of an ocean thermal energy conversion fa- cility or plantship or any component thereof is necessary to protect public health and safety or to eliminate imminent and substantial danger to the environment the Administrator may order the licensee to cease or alter such con- struction or operation pending the completion of a judicial proceeding pursuant to subsection (a) of this section. (Pub. L. 96–320, title I, § 111, Aug. 3, 1980, 94 Stat. 988; Pub. L. 98–623, title VI, § 602(e)(17), Nov. 8, 1984, 98 Stat. 3412.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 96–320, Aug. 3, 1980, 94 Stat. 974, known as the Ocean Thermal Energy Conversion Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9101 of this title and Tables. AMENDMENTS 1984—Subsec. (b). Pub. L. 98–623 substituted ‘‘environ- ment’’ for ‘‘environment established by any treaty or convention,’’. § 9122. Recordkeeping and public access to infor- mation (a) Records and reports Each licensee shall establish and maintain such records, make such reports, and provide such information as the Administrator, after consultation with other interested Federal de- partments and agencies, shall by regulation pre- scribe to carry out the provisions of this chap- ter. Each licensee shall submit such reports and shall make available such records and informa- tion as the Administrator may request. (b) Confidential information Any information reported to or collected by the Administrator under this chapter which is exempt from disclosure pursuant to section 552(b)(4) of title 5 (relating to trade secrets and commercial or financial information which is privileged or confidential) shall not— (1) be publicly disclosed by the Adminis- trator or by any other officer or employee of the United States, unless the Administrator has— (A) determined that the disclosure is nec- essary to protect the public health or safety or the environment against an unreasonable risk of injury, and (B) notified the person who submitted the information 10 days before the disclosure is to be made, unless the delay resulting from such notice would be detrimental to the pub- lic health or safety or the environment, or (2) be otherwise disclosed except— (A)(i) to other Federal and adjacent coast- al State government departments and agen- cies for official use, (ii) to any committee of the Congress of appropriate jurisdiction, or (iii) pursuant to court order, and (B) when the Administrator has taken ap- propriate steps to inform the recipient of the confidential nature of the information. (Pub. L. 96–320, title I, § 112, Aug. 3, 1980, 94 Stat. 989; Pub. L. 98–623, title VI, § 602(e)(3), (18), Nov. 8, 1984, 98 Stat. 3412.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 96–320, Aug. 3, 1980, 94 Stat. 974, known as the Ocean Thermal Energy Conversion Act of 1980, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 9101 of this title and Tables. AMENDMENTS 1984—Subsec. (b). Pub. L. 98–623, § 602(e)(3), sub- stituted ‘‘(relating to trade secrets and commercial or