Page:United States Statutes at Large Volume 88 Part 2.djvu/823

 88 STAT. ]

PUBLIC LAW 93-627-JAN. 3, 1975 RECORDKEEPING A N D

2139

INSPECTION

SEC. 13. (a) Each licensee shall establish and maintain such records, make such reports, and provide such information as the Secretary, after consultation with other interested Federal departments and agencies, shall by regulation prescribe to carry out the provision of this Act. 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 reports and shall make such records and information available as the Secretary may request. (b) All United States officials, including those officials 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 Act for the purpose of enforcing laws under their jurisdiction or otherwise carrying out their responsibilities. Each such official may inspect, at reasonable times, records, files, papers, processes, controls, and facilities and may test any feature of a deepwater port. Each inspection shall be conducted with reasonable promptness, and such licensee shall be notified of the results of such inspection.

33 USC 1512.

49 USC i.

P U B L I C ACCESS TO INFORMATION

SEC. 14. (a) Copies of any connnunication, document, report, or ^3 USC 1513. information transmitted between any official of the Federal Government and any person concerning a deepwater port (other than contracts referred to in section 5(c)(2)(B) of this Act) shall be made available to the public for inspection, and shall be available for the purpose of reproduction at a reasonable cost, to the public upon identifiable request, unless such information may not be publicly released under the terms of subsection (b) of this section. Except as provided in subsection (b) of this section, nothing contained in this section shall be construed to require the release of any information of the kind described in subsection (b) of section 552 of title 5, United States Code, or which is otherwise protected by law from disclosure to the public. (b) The Secretary shall not disclose information obtained by him information ciis closure, prohibiunder this Act that concerns or relates to a trade secret, referred to tion. in section 1905 of title 18, United States Code, or to a contract referred to in section 5(c)(2)(B) of this Act, except that such information may be disclosed, in a manner which is designed to maintain confidentiality— (1) to other Federal and adjacent coastal State government departments and agencies for official use, upon request; (2) to any committee of Congress having jurisdiction 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 public health and safety).

�