634 



minent and substantial danger to the environment, 

 he shall order the licensee to cease or alter such con- 

 struction or operation pending the completion of a 

 fiTdicial proceeding pursuant to subsection 'a) of this 

 section. (Rub. L. 93-627, § 12, Jan. 3, 1975, 88 Stat. 

 2138.) 

 § 1512. Recordkeeping and inspection. 



(a) Regulations; regulations under other provisions 

 unaffected. 



Each licen-,ee shall establish "-nd maintain such 

 records, make such reports, and provide such infor- 

 mation as the Secretary, after consultation with 

 other interested Federal departments and agencies, 

 shall by regulation prescribe to carry out the pro- 

 vision of this chapter. Such regulations shall not 

 amend, contradict or duplicate regulations estab- 

 lished pursuant to part I of the Interstate Commerce 

 Act or any other law. Each licensee shall submit such 

 reports and shall make such records and informa- 

 tion available as the Secretary may request. 



(b) Access to deepwater ports in enforcement proceed- 

 ings and execution of official duties; inspections 

 and tests; notification of results. 



All United States officials, including those officials 

 responsible for the implementation and enforcement 

 of United States l^ws aaplicable to a deepwater port, 

 shall at all times be afforded reasonable 'ccess to a 

 deepwater port licensed under this chanter for the 

 purpo.se of enforcing laws under their iuri.sdiction or 

 otherwise carrying out their responsibilities. Each 

 such ofRcial may inspect, at reasonable times, rec- 

 ords, flies, pan?rs. Drocp-ses, controls, and f-'cilities 

 and may test any feature of a deep water port. Each 

 inspection shall be conducted with reasonable 

 promptness, and sufh licensee sh^ll be noMfied of 

 the results of such inspection. (Pub. L. 9S-627, § 13, 

 Jan. 3, 1975, 88 Stat. 2139.) . 



§ 1513. Public access to info-mation. 



(a) Inspecti'-n of copies; reproduction costs; pro- 

 tected information. 



Conies of anv communication, document, report, or 

 Information transmitted between anv ofRcial of the 

 Federal Government and any person concerning a 

 deepwater port 'oth^r than contracts referred to in 

 section 1504(cU2WB) of this titled shall be made 

 available to the public for inspection, and shall be 

 avai'aMe for the riurpo<-e of reprndu'-'-inn at a rea- 

 sonable cost, to the public upon identifiable request, 

 unless such information may not be publicly released 

 under the terms of subsection (bi of this section. 

 Evcept a<- providef^ in subsection (M of this section, 

 nothing contained in this section shall be construed 

 to require the release of anv information of the kind 

 described in subjection 'b) of section 552 of Title 

 5 or which is otherwise protected by law from dis- 

 closure to the public. 



(b) Information disclos\ire prohibition; confidentiality 

 of cer'ain disclosures. 



The Secretary .shall not dis-^lose information ob- 

 tained by him under this chanter that concerns or 

 relates to a trade secret, referred to in section 1905 

 of Title 18, or to a contract referred to in section 



1504(c) 12) (B) of this Title except th:'t such infor- 

 mation may be disclosed, in a manner which is de- 

 signed to maintain confidentiality — 



(1) to other FederM and adjacent coastal State 

 government departments and agencies for official 

 use. upon request; 



(2) to any committee of Congress having juris- 

 diction over the subject matter to which the in- 

 formation relates, upon request; 



(3) to any person in anv judicial proieeding, un- 

 der a court order formulated to preserve such con- 

 fidentiality without impairing the proceedings; 

 and 



(4) to the public in ordfr to protect health and 

 safety, after notice and opportunity for comment 

 in writing or for discussion in closed session within 

 fifteen davs by the part" to which the information 

 pertains (If the delay re=ulting from such notice 

 and opportunity for comment would not be detri- 

 mental to the public 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 provision of 

 this chapter or any rule, order, or regulation issued 

 pursuant thereto shall on conviction be fined not 

 more than $25,000 for each day of violation or im- 

 prisoned for not more than 1 year, or both. 



(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 requiring such person to comply with 

 such provision or requirement, or he shall bring a 

 civil action in accordance with paragraph (3) of this 

 subsection. 



(2) Any order issued under this subsection shall 

 state with reasonable specificitv the nature of the 

 violation and a time for compliance, not to exceed 

 thirty days, which the Secretary determines is rea- 

 sonable, taking into account the seriousness of the 

 violation and any good faith efforts to comply with 

 applicable requirements. 



(3) Upon a request by the Secretary, the Attorney 

 General shall commence a civil action for appropri- 

 ate relief, including a permanent or temporary in- 

 junction or a civil penalty not to exceed $25,000 per 

 day of such violation, for anv violation for which the 

 Secretary is authorized to issue a compliance order 

 under p''ragraph d) of this subsection. Any action 

 under this subsection mav 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 re- 

 strain 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 



