42 USC 9122 – Recordkeeping and public access to information
(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 departments and agencies, shall by regulation prescribe to carry out the provisions of this chapter. Each licensee shall submit such reports and shall make available such records and information as the Administrator may request.
(b) Confidential information
Terms Used In 42 USC 9122
- adjacent coastal State: means any coastal State which is required to be designated as such by section 9115(a)(1) of this title or is designated as such by the Administrator in accordance with section 9115(a)(2) of this title. See 42 USC 9102
- Administrator: means the Administrator of the National Oceanic and Atmospheric Administration. See 42 USC 9102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- licensee: means the holder of a valid license for the ownership, construction, and operation of an ocean thermal energy conversion facility or plantship that was issued, transferred, or renewed pursuant to this chapter. See 42 USC 9102
- officer: includes any person authorized by law to perform the duties of the office. See 1 USC 1
- person: means any individual (whether or not a citizen of the United States), any corporation, partnership, association, or other entity organized or existing under the laws of any nation, and any Federal, State, local or foreign government or any entity of any such government. See 42 USC 9102
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 Administrator or by any other officer or employee of the United States, unless the Administrator has—
(A) determined that the disclosure is necessary 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 public health or safety or the environment, or
(2) be otherwise disclosed except—
(A)(i) to other Federal and adjacent coastal State government departments and agencies 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 appropriate steps to inform the recipient of the confidential nature of the information.