42 U.S.C. § 9114 — Antitrust review

Page 7680 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9113 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. § 9113. Protection of submarine electric trans- mission cables and equipment (a) Prohibited acts; misdemeanor; penalty and fine Any person who shall willfully and wrongfully break or injure, or attempt to break or injure, or who shall in any manner procure, counsel, aid, abet, or be accessory to such breaking or in- jury, or attempt to break or injure, any sub- marine electric transmission cable or equipment being constructed or operated under a license issued pursuant to this chapter shall be guilty of a misdemeanor and, on conviction thereof, shall be liable to imprisonment for a term not exceed- ing 2 years, or to a fine not exceeding $5,000, or to both fine and imprisonment, at the discretion of the court. (b) Culpable negligence; misdemeanor; penalty and fine Any person who by culpable negligence shall break or injure any submarine electric trans- mission cable or equipment being constructed or operated under a license issued pursuant to this chapter shall be guilty of a misdemeanor and, on conviction thereof, shall be liable to imprison- ment for a term not exceeding 3 months, or to a fine not exceeding $500, or to both fine and im- prisonment, at the discretion of the court. (c) Exceptions The provisions of subsections (a) and (b) of this section shall not apply to any person who, after having taken all necessary precautions to avoid such breaking or injury, breaks or injures any submarine electric transmission cable or equipment in an effort to save the life or limb of himself or of any other person, or to save his own or any other vessel. (d) Suits for damages The penalties provided in subsections (a) and (b) of this section for the breaking or injury of any submarine electric transmission cable or equipment shall not be a bar to a suit for dam- ages on account of such breaking or injury. (e) Indemnity Whenever any vessel sacrifices any anchor, fishing net, or other fishing gear to avoid injur- ing any submarine electric transmission cable or equipment being constructed or operated under a license issued pursuant to this chapter, the licensee shall indemnify the owner of such vessel for the items sacrificed: Provided, That the owner of the vessel had taken all reasonable precautionary measures beforehand. (f) Repair costs Any licensee who causes any break in or in- jury to any submarine cable or pipeline of any type shall bear the cost of the repairs. (Pub. L. 96–320, title I, § 103, Aug. 3, 1980, 94 Stat. 982.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a), (b), and (e), 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 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. § 9114. Antitrust review (a) Review of applications by Attorney General Whenever any application for issuance, trans- fer, or renewal of any license is received, the Ad- ministrator shall transmit promptly to the At- torney General a complete copy of such applica- tion. Within 90 days of the receipt of the appli- cation, the Attorney General shall conduct such antitrust review of the application as he deems appropriate, and submit to the Administrator any advice or recommendations he deems advis- able to avoid any action upon such application by the Administrator which would create a situ- ation inconsistent with the antitrust laws. If the Attorney General fails to file such views within the 90-day period, the Administrator shall pro- ceed as if such views had been received. The Ad- ministrator shall not issue, transfer, or renew the license during the 90-day period, except upon written confirmation by the Attorney General that he does not intend to submit any further advice or recommendation on the application during such period. (b) Issuance of license as constituting no defense for antitrust violations The issuance of a license under this chapter shall not be admissible in any way as a defense to any civil or criminal action for violation of the antitrust laws of the United States, nor shall it in any way modify or abridge any pri- vate right of action under such laws. Nothing in this section shall be construed to bar the Attor- ney General or the Federal Trade Commission from challenging any anticompetitive situation involved in the ownership, construction, or oper- ation of an ocean thermal energy conversion fa- cility or plantship. (Pub. L. 96–320, title I, § 104, Aug. 3, 1980, 94 Stat. 983.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), 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. § 9115. Adjacent coastal States (a) Designation of adjacent coastal State (1) The Administrator, in issuing notice of ap- plication pursuant to section 9112(d) of this title, shall designate as an ‘‘adjacent coastal State’’ any coastal State which (A) would be di- rectly connected by electric transmission cable or pipeline to an ocean thermal energy conver- sion facility as proposed in an application, or (B) in whose waters any part of such proposed ocean thermal energy conversion facility would be lo- cated, or (C) in whose waters an ocean thermal energy conversion plantship would be operated as proposed in an application.