Page:United States Statutes at Large Volume 93.djvu/1027

 PUBLIC LAW 96-129—NOV. 30, 1979 reports, issue subpenas, conduct hearings, require the production of relevant documents and records, take depositions, and conduct, directly or, by contract, or otherwise, research, testing, development, demonstration, and training activities; however, before the Secretary may exercise authority under this section to require testing of portions of pipeline facilities subject to the provisions of this Act which have been involved in or affected by an accident, he shall make every effort to negotiate a mutually acceptable plan with the owner of such facilities and, where appropriate, the National Transportation Safety Board for performing such testing. "(b) Each person who engages in the transportation of gas or who owns or operates pipeline facilities shall establish and maintain such records, make such reports, and provide such information as the Secretary may reasonably require, and shall submit such reports and shall make such records and information available as the Secretary may request, to enable him to determine whether such person has acted or is acting in compliance with this Act and the standards or orders issued under this Act. "(c) Officers, employees, or agents authorized by the Secretary, upon presenting appropriate credentials to the person in charge, are authorized to enter upon, inspect, and examine, at reasonable times and in a reasonable manner, the records and properties of persons to the extent such records and properties are relevant to determining whether such persons have acted or are acting in compliance with this Act and the standards or orders issued under this Act. "(d) Accident reports made by any officer, employee, or agent of the Department of Transportation shall be available for use in any civil, criminal, or other judicial proceeding arising out of such accident. Any such officer, employee, or agent may be required to testify in such proceedings as to the facts developed in such investigations. Any such report shall be made available to the public in a manner which need not identify individuals. All reports on research projects, demonstration projects, and other related activities shall be public information. "(e) All information reported to or otherwise obtained by the Secretary or his representative pursuant to subsection (a), (b), or (c) which information contains or relates to a trade secret referred to in section 1905 of title 18 of the United States Code shall be considered confidential for the purpose of that section, except that such information may be disclosed to other officers or employees concerned with carrying out this Act or when relevant in any proceeding under this Act. Nothing in this section shall authorize the withholding of information by the Secretary or any officer, employee, or agent under his control, from the duly authorized committees of the Congress.".

93 STAT. 995

Recordkeeping and reporting requirements.

Inspection and examination of records and properties.

Accident reports, availability for judicial proceedings and to public.

Trade secret, confidentiality.

ANNUAL REPORT REGARDING STATE PIPELINE SAFETY INSPECTORS

SEC. 107. Section 16 (relating to annual report), as redesignated, is Ante, p. 992. amended by striking out "and" at the end of paragraph (9), by 49 USC 1683. striking out the period at the end of paragraph (10) and inserting in lieu thereof "; and", and by adding at the end thereof the following: "(11) a description of the number and qualifications of State pipeline safety inspectors in each State for which a certification or agreement is in effect under section 5, together with the 49 USC 1674 number of such pipeline inspectors (and their qualifications) which the Secretary recommends for that State.".

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