33 U.S.C. § 1511 — Suspension or termination of licenses

Page 645 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1511 § 1509. Marine environmental protection and navigational safety (a) Regulations and procedures Subject to recognized principles of inter- national law and the provision of adequate op- portunities for public involvement, the Sec- retary shall prescribe and enforce procedures, ei- ther by regulation (for basic standards and con- ditions) or by the licensee’s operations manual, with respect to rules governing vessel move- ment, loading and unloading procedures, des- ignation and marking of anchorage areas, main- tenance, law enforcement, and the equipment, training, and maintenance required (A) to pre- vent pollution of the marine environment, (B) to clean up any pollutants which may be dis- charged, and (C) to otherwise prevent or mini- mize any adverse impact from the construction and operation of such deepwater port. (b) Safety of property and life; regulations The Secretary shall issue and enforce regula- tions with respect to lights and other warning devices, safety equipment, and other matters re- lating to the promotion of safety of life and property in any deepwater port and the waters adjacent thereto. (c) Marking of components; payment of cost The Secretary shall mark, for the protection of navigation, any component of a deepwater port whenever the licensee fails to mark such component in accordance with applicable regu- lations. The licensee shall pay the cost of such marking. (d) Safety zones; designation; construction pe- riod; permitted activities (1) Subject to recognized principles of inter- national law and after consultation with the Secretary of the Interior, the Secretary of Com- merce, the Secretary of State, and the Secretary of Defense, the Secretary shall designate a zone of appropriate size around and including any deepwater port for the purpose of navigational safety. In such zone, no installations, struc- tures, or uses will be permitted that are incom- patible with the operation of the deepwater port. The Secretary shall by regulation define permitted activities within such zone. The Sec- retary shall, not later than 30 days after publi- cation of notice pursuant to section 1504(c) of this title, designate such safety zone with re- spect to any proposed deepwater port. (2) In addition to any other regulations, the Secretary is authorized, in accordance with this subsection, to establish a safety zone to be effec- tive during the period of construction of a deep- water port and to issue rules and regulations re- lating thereto. (Pub. L. 93–627, § 10, Jan. 3, 1975, 88 Stat. 2137; Pub. L. 104–324, title V, § 508, Oct. 19, 1996, 110 Stat. 3927.) Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–324, § 507(a), inserted ‘‘and the provision of adequate opportunities for public involvement’’ after ‘‘international law’’ and sub- stituted ‘‘shall prescribe and enforce procedures, either by regulation (for basic standards and conditions) or by the licensee’s operations manual, with respect to’’ for ‘‘shall prescribe by regulation and enforce procedures with respect to any deepwater port, including, but not limited to,’’. § 1510. International agreements The Secretary of State, in consultation with the Secretary, shall seek effective international action and cooperation in support of the policy and purposes of this chapter and may formulate, present, or support specific proposals in the United Nations and other competent inter- national organizations for the development of appropriate international rules and regulations relative to the construction, ownership, and op- eration of deepwater ports, with particular re- gard for measures that assure protection of such facilities as well as the promotion of naviga- tional safety in the vicinity thereof. (Pub. L. 93–627, § 11, Jan. 3, 1975, 88 Stat. 2138.) § 1511. Suspension or termination of licenses (a) Proceedings by Attorney General; venue; con- ditions subsequent Whenever a licensee fails to comply with any applicable provision of this chapter, or any ap- plicable rule, regulation, restriction, or condi- tion issued or imposed by the Secretary under the authority of this chapter, the Attorney Gen- eral, at the request of the Secretary, may file an appropriate action in the United States district court nearest to the location of the proposed or actual deepwater port, as the case may be, or in the district in which the licensee resides or may be found, to— (1) suspend the license; or (2) if such failure is knowing and continues for a period of thirty days after the Secretary mails notification of such failure by registered letter to the licensee at his record post office address, revoke such license. No proceeding under this subsection is necessary if the license, by its terms, provides for auto- matic suspension or termination upon the oc- currence of a fixed or agreed upon condition, event, or time. (b) Public health or safety; danger to environ- ment; completion of proceedings If the Secretary determines that immediate suspension of the construction or operation of a deepwater port or any component thereof is nec- essary to protect public health or safety or to eliminate imminent and substantial danger to the environment, he shall order the licensee to cease or alter such construction or operation pending the completion of a judicial proceeding pursuant to subsection (a) of this section. (Pub. L. 93–627, § 12, Jan. 3, 1975, 88 Stat. 2138.) Editorial Notes CODIFICATION In subsec. (a), ‘‘chapter’’ substituted for ‘‘title’’ to conform to other substitutions for ‘‘Act’’ and as re- flecting intent of Congress manifest throughout Pub. L. 93–627 in the use of the term ‘‘Act’’. Page 646 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1512 § 1512. Recordkeeping and inspection (a) Regulations; regulations under other provi- sions unaffected Each licensee shall establish and maintain such records, make such reports, and provide such information as the Secretary, after con- sultation with other interested Federal depart- ments and agencies, shall by regulation pre- scribe to carry out the provision of this chapter. Such regulations shall not amend, contradict or duplicate regulations established pursuant to part I of the Interstate Commerce Act or any other law. Each licensee shall submit such re- ports and shall make such records and informa- tion available as the Secretary may request. (b) Access to deepwater ports in enforcement proceedings and execution of official duties; inspections and tests; notification of results All United States officials, including those of- ficials responsible for the implementation and enforcement of United States laws applicable to a deepwater port, shall at all times be afforded reasonable access to a deepwater port licensed under this chapter for the purpose of enforcing laws under their jurisdiction or otherwise car- rying out their responsibilities. Each such offi- cial may inspect, at reasonable times, records, files, papers, processes, controls, and facilities and may test any feature of a deep water port. Each inspection shall be conducted with reason- able promptness, and such licensee shall be noti- fied of the results of such inspection. (Pub. L. 93–627, § 13, Jan. 3, 1975, 88 Stat. 2139.) Editorial Notes REFERENCES IN TEXT The Interstate Commerce Act, referred to in subsec. (a), is act Feb. 4, 1887, ch. 104, 24 Stat. 379. 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 sec- tion 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. § 1513. Public access to information (a) Inspection of copies; reproduction costs; pro- tected information Copies of any communication, document, re- port, or information transmitted between any official of the Federal Government and any per- son concerning a deepwater port (other than contracts referred to in section 1504(c)(2)(B) of this title) shall be made available to the public for inspection, and shall be available for the pur- pose of reproduction at a reasonable cost, to the public upon identifiable request, unless such in- formation may not be publicly released under the terms of subsection (b) of this section. Ex- cept as provided in subsection (b) of this section, nothing contained in this section shall be con- strued to require the release of any information of the kind described in subsection (b) of section 552 of title 5 or which is otherwise protected by law from disclosure to the public. (b) Information disclosure prohibition; confiden- tiality of certain disclosures The Secretary shall not disclose information obtained by him under this chapter that con- cerns or relates to a trade secret, referred to in section 1905 of title 18, or to a contract referred to in section 1504(c)(2)(B) of this title, except that such information may be disclosed, in a manner which is designed to maintain confiden- tiality— (1) to other Federal and adjacent coastal State government departments and agencies for official use, upon request; (2) to any committee of Congress having ju- risdiction over the subject matter to which the information relates, upon request; (3) to any person in any judicial proceeding, under a court order formulated to preserve such confidentiality without impairing the proceedings; and (4) to the public in order to protect health and safety, after notice and opportunity for comment in writing or for discussion in closed session within fifteen days by the party to which the information pertains (if the delay resulting from such notice and opportunity for comment would not be detrimental to the pub- lic health and safety). (Pub. L. 93–627, § 14, Jan. 3, 1975, 88 Stat. 2139.) § 1514. Remedies (a) Criminal penalties Any person who willfully violates any provi- sion of this chapter or any rule, order, or regula- tion issued pursuant thereto commits a class A misdemeanor for each day of violation. (b) Orders of compliance; Attorney General’s civil action; jurisdiction and venue (1) Whenever on the basis of any information available to him the Secretary finds that any person is in violation of any provision of this chapter or any rule, regulation, order, license, or condition thereof, or other requirements under this chapter, he shall issue an order re- quiring such person to comply with such provi- sion or requirement, or he shall bring a civil ac- tion in accordance with paragraph (3) of this subsection. (2) Any order issued under this subsection shall state with reasonable specificity the na- ture of the violation and a time for compliance, not to exceed thirty days, which the Secretary determines is reasonable, taking into account the seriousness of the violation and any good faith efforts to comply with applicable require- ments. (3) Upon a request by the Secretary, the Attor- ney General shall commence a civil action for appropriate relief, including a permanent or temporary injunction or a civil penalty not to exceed $25,000 per day of such violation, for any violation for which the Secretary is authorized to issue a compliance order under paragraph (1) of this subsection. Any action under this sub- section may be brought in the district court of the United States for the district in which the defendant is located or resides, or is doing busi- ness, and such court shall have jurisdiction to restrain such violation, require compliance, or impose such penalty. (c) Attorney General’s action for equitable relief; scope of relief Upon a request by the Secretary, the Attorney General shall bring an action in an appropriate