42 U.S.C. § 9120 — Monitoring of licensees’ activities

Page 7684 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9119 ‘‘vessel of the United States’’ as that term applies to Title 46, see section 116 of Title 46. AMENDMENTS 1984—Subsec. (d)(1). Pub. L. 98–623, § 602(e)(1), sub- stituted ‘‘navigational safety’’ for ‘‘reorganizational safety’’. Subsec. (d)(3). Pub. L. 98–623, § 602(e)(15), added par. (3) by inserting text of former subsec. (b)(3) of section 9119 of this title. Subsec. (e)(2)(C)(ii). Pub. L. 98–623, § 602(a)(6), sub- stituted ‘‘moored, fixed or standing’’ for ‘‘moored or standing’’. Subsec. (e)(4). Pub. L. 98–623, § 602(a)(7), added par. (4). Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 9119. Prevention of interference with other uses of high seas (a) License conditions Each license shall include such conditions as may be necessary and appropriate to ensure that construction and operation of the ocean thermal energy conversion facility or plantship are con- ducted with reasonable regard for navigation, fishing, energy production, scientific research, or other uses of the high seas, either by citizens of the United States or by other nations in their exercise of the freedoms of the high seas as rec- ognized under the Convention of the High Seas and the general principles of international law. (b) Rules and regulations The Administrator shall promulgate regula- tions specifying under what conditions and in what circumstances the thermal plume of an ocean thermal energy conversion facility or plantship licensed under this chapter will be deemed— (1) to impinge on so as to degrade the ther- mal gradient used by another ocean thermal energy conversion facility or plantship, or (2) to impinge on so as to adversely affect the territorial sea or area of national resource jurisdiction, as recognized by the United States, of any other nation. Such regulations shall also provide for the Ad- ministrator to mediate or arbitrate any disputes among licensees regarding the extent to which the thermal plume of one licensee’s facility or plantship impinges on the operation of another licensee’s facility or plantship. (c) Coast Guard operations The Secretary of the department in which the Coast Guard is operating shall promulgate, after consultation with the Administrator, and shall enforce, regulations governing the movement and navigation of ocean thermal energy conver- sion plantships licensed under this chapter to ensure that the thermal plume of such an ocean thermal energy conversion plantship does not unreasonably impinge on so as to degrade the thermal gradient used by the operation of any other ocean thermal energy conversion plantship or facility except in case of force majeure or with the consent of owner of the other such plantship or facility, and to ensure that the thermal plume of such an ocean ther- mal energy conversion plantship does not im- pinge on so as to adversely affect the territorial sea or area of national resource jurisdiction, as recognized by the United States, of any other nation unless the Secretary of State has ap- proved such impingement after consultation with such nation. (Pub. L. 96–320, title I, § 109, Aug. 3, 1980, 94 Stat. 987; Pub. L. 98–623, title VI, § 602(e)(2), (15), (16), Nov. 8, 1984, 98 Stat. 3412.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (b) and (c), was in the original ‘‘this Act’’, meaning Pub. L. 96–320, Aug. 3, 1980, 94 Stat. 974, known as the Ocean Thermal En- ergy Conversion Act of 1980, which is classified prin- cipally 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)(2). Pub. L. 98–623, § 602(e)(2), sub- stituted ‘‘national resource jurisdiction’’ for ‘‘natural resource jurisdiction’’. Subsec. (b)(3). Pub. L. 98–623, § 602(e)(15), struck out par. (3) which prohibited a licensee of an ocean thermal energy conversion facility or plantship under this chap- ter, except in the case of force majeure, from permit- ting foreign vessels to call at, or load or unload cargo at, or otherwise use such facility or plantship unless the foreign state involved had specifically agreed to recognize the jurisdiction of the United States over the vessel and its personnel while such vessel was located in the safety zone and the vessel owner or operator had designated an agent in the United States for receipt of service of process for legal claims or proceedings aris- ing from activities of the vessel or its personnel while located in such zone. See section 9118(d)(3) of this title. Subsec. (c). Pub. L. 98–623, § 602(e)(16), substituted ‘‘the thermal plume of such’’ for ‘‘the thermal plume such of’’ in second place appearing, and substituted ‘‘impingement’’ for ‘‘impingment’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 9120. Monitoring of licensees’ activities Each license shall require the licensee— (1) to allow the Administrator to place ap- propriate Federal officers or employees in or aboard the ocean thermal energy conversion facility or plantship to which the license ap- plies, at such times and to such extent as the Administrator deems reasonable and nec- essary to assess compliance with any condi- 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