subject to Federal or other applicable safety standards, any applicant shall certify that it will design, install, inspect, test, construct, operate, replace, and maintain the pipeline facilities in accordance with Federal and other applicable safety standards and plans for maintenance and inspection. Such certification shall be binding and conclusive upon the Commission unless the relevant enforcement agency has timely advised the Commission in writing that the applicant has violated safety standards established pursuant to this chapter. (Pub. L. 90-481, § 7, Aug. 12, 1968, 82 Stat. 725.) § 1677. Compliance with standards, inspection and maintenance requirements, and discovery provisions; tort liability. (a) Each person who engages in the transportation of gas or who owns or operates pipeline facilities shall (1) at all times after the date any applicable safety standard established under this chapter takes effect comply with the requirements of such standard; and (2) file and comply with a plan of inspection and maintenance required by section 1680 of this title; and (3) permit access to or copying of records, and make reports or provide information, and permit entry or inspection, as required under section 1681 of this title. (b) Nothing in this chapter shall affect the common law or statutory tort liability of any person. (Pub. L. 90-481, § 8, Aug. 12, 1968, 82 Stat. 725.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1678 of this title. § 1678. Civil penalties. (a) Any person who violates any provision of section 1677(a) of this title, or any regulation issued under this chapter, shall be subject to a civil penalty of not to exceed $1,000 for each such violation for each day that such violation persists, except that the maximum civil penalty shall not exceed $200,000 for any related series of violations: Provided, That for a reasonable period of time, not to exceed one year after August 12, 1968, such civil penalties shall not be applicable to pipeline facilities existing on August 12, 1968. (b) Any such civil penalty may be compromised by the Secretary. In determining the amount of such penalty, or the amount agreed upon in compromise, the appropriateness of such penalty to the size of the business of the person charged, the gravity of the violation, and the good faith of the person charged in attempting to achieve compliance, after notification of a violation, shall be considered. The amount of such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the United States to the person charged or may be recovered in a civil action in the United States district courts. (Pub. L. 90-481, § 9, Aug. 12, 1968, 82 Stat. 725.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1674, 1679 of this title. § 1679. Injunction and jurisdiction. (a) Restraint of violations and enforcement of standards. The United States district courts shall have jurisdiction, subject to the provisions of rule 65 (a) and (b) of the Federal Rules of Civil Procedure, to restrain violations of this chapter (including the restraint of transportation of gas or the operation of a pipeline facility) or to enforce standards established hereunder upon petition by the appropriate United States attorney or the Attorney General on behalf of the United States. Whenever practicable, the Secretary shall give notice to any person against whom an action for injunctive relief is contemplated and afford him an opportunity to present his views, and, except in the case of a knowing and willful violation, shall afford him reasonable opportunity to achieve compliance. However, the failure to give such notice and afford such opportunity shall not preclude the granting of appropriate relief. (b) Criminal contempt. In any proceeding for criminal contempt for violation of an injunction or restraining order issued under this section, which violation also constitutes a violation of this chapter, trial shall be by the court or, upon demand of the accused, by a jury. Such trial shall be conducted in accordance with the practice and procedure applicable in the case of proceedings subject to the provisions of rule 42(b) of the Federal Rules of Criminal Procedure. (c) Venue. Actions under subsection (a) of this section and section 1678 of this title may be brought in the district wherein any act or transaction constituting the violation occurred, or in the district wherein the defendant is found or is an inhabitant or transacts business, and process in such cases may be served in any other district of which the defendant is an inhabitant or transacts business or wherever the defendant may be found. (d) Subpena. In any action brought under subsection (a) of this section and section 1678 of this title, subpenas for witnesses who are required to attend a United States district court may run into any other district. (Pub. L. 90-481, § 10, Aug. 12, 1968, 82 Stat. 726.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1674 of this title. § 1680. Inspection and maintenance plans. Each person who engages in the transportation of gas or who owns or operates pipeline facilities not subject to the jurisdiction of the Federal Power Commission under the Natural Gas Act shall file with the Secretary or, where a certification or an agreement pursuant to section 1674 of this title is in effect, with the State agency, a plan for inspection and maintenance of each such pipeline facility owned or operated by such person, and any changes in such plan, in accordance with regulations prescribed by the Secretary or appropriate State agency. The Secretary may, by regulation, also require persons who engage in the transportation of gas or who own or operate pipeline facilities subject to the provisions of this chapter to file such plans for approval. If at any time the agency with responsibility for enforcement of compliance with the standards established under this chapter finds that such plan is inadequate to achieve safe operation, such agency shall, after notice and opportunity for a hearing, require such plan to be revised. The plan required by the agency shall be practicable and designed to meet the need for pipeline safety. In determining the adequacy of any such plan, such agency shall consider (1) relevant available pipeline safety data; (2) whether the plan is appropriate for the particular type of pipeline transportation; (3) the reasonableness of the plan; and (4) the extent to which such plan will contribute to public safety. (Pub. L. 90-481, § 11, Aug. 12, 1968, 82 Stat. 726.) REFERENCES IN TEXT The Natural Gas Act, referred to in text, is act June 21. 1938, ch. 556, 52 Stat. 821, which is classified to section 717 et seq. of Title 15, Commerce and Trade. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1674, 1677 of this title. § 1681. Records, reports, and inspection. (a) Compliance with standards. 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 to enable him to determine whether such person has acted or is acting in compliance with this chapter and the standards established under this chapter. Each such person shall, upon request of an officer, employee, or agent authorized by the Secretary, permit such officer, employee, or agent to inspect books, papers, records, and documents relevant to determining whether such person has acted or is acting in compliance with this chapter and the standards established pursuant to this chapter. (b) State enforcement practices; monitoring and inspection. The Secretary is authorized to conduct such monitoring of State enforcement practices and such other inspection and investigation as may be necessary to aid in the enforcement of the provisions of this chapter and the standards established pursuant to this chapter. He shall furnish the Attorney General any information obtained indicating noncompliance with such standards for appropriate action. For purposes of enforcement of this chapter, officers, employees, or agents authorized by the Secretary, upon presenting appropriate credentials to the individual in charge, are authorized (1) to enter upon, at reasonable times, pipeline facilities, and (2) to inspect, at reasonable times and within reasonable limits and in a reasonable manner, such facilities. Each such inspection shall be commenced and completed with reasonable promptness. (c) Accident reports; public information. 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. (d) Confidential nature of trade secrets. All information reported to or otherwise obtained by the Secretary or his representative pursuant to subsection (a), (b), or (c) of this section which information contains or relates to a trade secret referred to in section 1905 of Title 18 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 chapter or when relevant in any proceeding under this chapter. 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. (Pub. L. 90-481, § 12, Aug. 12, 1968, 82 Stat. 727.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1674, 1677 of this title. § 1682. Administration. (a) Research and development contracts. The Secretary shall conduct research, testing, development, and training necessary to carry out the provisions of this chapter. The Secretary is authorized to carry out the provisions of this section by contract, or by grants to individuals, States, and nonprofit institutions. (b) Information furnished to Federal Power Commission. Upon request, the Secretary shall furnish to the Federal Power Commission any information he has concerning the safety of any materials, operations, devices, or processes relating to the transportation of gas or the operation of pipeline facilities. (c) Cooperation with other agencies. The Secretary is authorized to advise, assist, and cooperate with other Federal departments and agencies and State and other interested public and private agencies and persons, in the planning and development of (1) Federal safety standards, and (2) methods for inspecting and testing to determine compliance with Federal safety standards. (Pub. L. 90-481, § 13, Aug. 12, 1968, 82 Stat. 727.) § 1683. Annual report to the President and Congress. (a) The Secretary shall prepare and submit to the President for transmittal to the Congress on March 17 of each year a comprehensive report on the administration of this chapter for the preceding calendar year. Such report shall include (1) a thorough compilation of the accidents and casualties occurring in such year with a statement of cause whenever investigated and determined by the National Transportation Safety Board; (2) a list of Federal gas pipeline safety standards established or in effect in such year with identification of standards newly established during such year; Section 25 of the Interstate Commerce Act, referred to Section 226 of the Interstate Commerce Act, referred Sections 204(a)(1), (2), (3), (3a), (5) of the Interstate Sections 221(a), 221(c), and 224 of the Interstate Com- Sections 1(6), 206, 207, 209, 210a, 212, and 216 of the Sections 12, 13(1), 13(2), 14, 16(12), 18(1), 20, 204 (a) Section 7 of the Act of March 4, 1915, as amended, Article 11 of section 1 of the Act of June 7, 1897, as Rule 9 of section 1 of the Act of February 8, 1895, Rule numbered 13 of section 4233 of the Revised Stat- Section 5 of the Act of August 18, 1894, as amended, The Act of June 21, 1940, as amended, referred to in Section 4 of the Act of March 23, 1906, as amended, Section 503 of the General Bridge Act of 1946, as Section 17 of the Act of June 10, 1930, as amended, The act of June 27, 1930, as amended, referred to in The act of August 21, 1935, as amended, referred to in The Oil Pollution Act, 1961, as amended, referred to in Section 9 of the act of March 3, 1899, as amended, The act of March 23, 1906, as amended, referred to in The General Bridge Act of 1946, as amended, referred The act of March 12, 1914, as amended (38 Stat. 308), The Executive Order Numbered 11107, April 25, 1963 (28 EFFECTIVE DATE Provisions of this section effective April 1, 1967, see Mar. 30, 1967, 32 F.R. 5453, set out as notes under section AMENDMENT OF EXECUTIVE ORDER RELATING TO FUNCTIONS SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1654, 1657 of this § 1656. Transportation investment standards; promul- (a) The Secretary, subject to the provisions of The standards and criteria for economic evalua- The Water Resources Council established under (b) Every survey, plan, or report formulated by a affected area, the relative efficiency of various modes of transport, the available transportation services in the area, and the general effect of the proposed investment on existing modes, and on the regional and national economy; (2) coordinated by the proposing agency with the Secretary and, as appropriate, with other Federal agencies, States, and local units of government for inclusion of his and their views and comments; and (3) transmitted thereafter by the proposing agency to the President for disposition in accord with law and procedures established by him. (Pub. L. 89-670, § 7, Oct. 15, 1966, 80 Stat. 941.) REFERENCES IN TEXT Pub. L. 89-80, referred to in subsec. (b), is the Water Resources Planning Act, July 22, 1965, 79 Stat. 244, which is classified principally to section 1962 et seq. of Title 42, The Public Health and Welfare. EFFECTIVE Date Provisions of this section effective April 1, 1967, see section 15(a) of Pub. L. 89-670, and Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.R. 5453, set out as notes under section 1651 of this title. § 1657. Administrative provisions. (a) Authority of Secretary to employ personnel and prescribe their authority and duties. In addition to the authority contained in any other Act which is transferred to and vested in the Secretary, the National Transportation Safety Board, or any other officer in the Department, the Secretary is authorized, subject to the civil service and classification laws, to select, appoint, employ, and fix the compensation of such officers and employees, including investigators, attorneys, and hearing examiners, as are necessary to carry out the provisions of this chapter and to prescribe their authority and duties. (b) Temporary or intermittent employment of experts and consultants. The Secretary may obtain services as authorized by section 3109 of Title 5, but at rates not to exceed $100 per diem for individuals unless otherwise specified in an appropriation Act. (c) Detailing of participating military personnel for service in Department of Transportation. The Secretary is authorized to provide for participation of military personnel in carrying out the functions of the Department. Members of the Army, the Navy, the Air Force, or the Marine Corps may be detailed for service in the Department by the appropriate Secretary, pursuant to cooperative agreements with the Secretary of Transportation. (d) Military personnel assigned to Department of Transportation; annual report to Congress on assignment of personnel. (1) Appointment, detail, or assignment to, acceptance of, and service in any appointive or other position in the Department under the authority of subsections (c) and (p) of this section shall in no way affect status, office, rank, or grade which officers or enlisted men may occupy or hold or any emolument, perquisite, right, privilege, or benefit incident to or arising out of any such status, office, rank, or grade, nor shall any member so appointed, detailed, or assigned be charged against any statutory limitation on grades or strengths applicable to the Armed Forces. A person so appointed, detailed, or assigned shall not be subject to direction by or control by his armed force or any officer thereof directly or indirectly with respect to the responsibilities exercised in the position to which appointed, detailed, or assigned. (2) The Secretary shall report annually in writing to the appropriate committees of the Congress on personnel appointed and agreements entered into under subsection (c) of this section, including the number, rank, and positions of members of the armed services detailed pursuant thereto. (e) Delegation and redelegation of powers and functions. (1) Except where this chapter vests in any administration, agency or board, specific functions, powers, and duties, the Secretary may, in addition to the authority to delegate and redelegate contained in any other Act in the exercise of the functions transferred to or vested in the Secretary in this chapter, delegate any of his residual functions, powers, and duties to such officers and employees of the Department as he may designate, may authorize such successive redelegations of such functions, powers, and duties as he may deem desirable, and may make such rules and regulations as may be necessary to carry out his functions, powers, and duties. (2) In addition to the authority to delegate and redelegate contained in any other Act, in the exercise of the functions transferred to or specified by this chapter to be carried out by any officer in the Department, such officer may delegate any of such functions, powers, and duties to such other officers and employees of the Department as he may designate; may authorize such successive redelegations of such functions, powers, and duties as he may deem desirable; and may make such rules and regulations as may be necessary to carry out such functions, powers, and duties. (3) The Administrators established by section 1652(e) of this title may not delegate any of the statutory duties and responsibilities specifically assigned to them by this chapter outside of their respective administrations. (f) Transfer of personnel, assets, liabilities, contracts, property, records, and unexpended funds of the Federal Aviation Agency to the Secretary of Transportation. The personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available or to be made available, of the Federal Aviation Agency, and of the head and other officers and offices thereof, are hereby transferred to the Secretary: Provided, however, That the personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available, or to be made available in carrying out the duties and functions transferred by this chapter to the Secretary which are specified by this chapter to be carried out by the Federal Aviation Administrator shall be assigned by the Secretary to the Federal Aviation Administrator for these purposes. (g) Determination of personnel and property transfers to Secretary of Transportation; transfer of property and funds of Civil Aeronautics Boards to National Transportation Safety Board. So much of the positions, personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available or to be made available in connection with the functions, powers, and duties transferred by section 1655 of this title (except subsection (c)) and section 8 (d) and (e) of this Act as the Director of the Office of Management and Budget shall determine shall be transferred to the Secretary: Provided, however, That the positions, personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available, or to be made available, by the Civil Aeronautics Board in carrying out the duties transferred by this chapter to be exercised by the National Transportation Safety Board shall be transferred to the National Transportation Safety Board. Except as provided in subsection (h) of this section, personnel engaged in functions, powers, and duties transferred under this chapter shall be transferred in accordance with applicable laws and regulations relating to transfer of functions. (h) Prohibition against reduction in classification or compensation of transferees for one year. The transfer of personnel pursuant to subsections (f) and (g) of this section shall be without reduction in classification or compensation for one year after such transfer. (i) Lapse of transferred offices and agencies; compensation of executive positions upon continuity of service. In any case where all of the functions, powers, and duties of any office or agency, other than the Coast Guard, are transferred pursuant to this chapter, such office or agency shall lapse. Any person who, on the effective date of this Act, held a position compensated in accordance with the Executive Schedule, and who, without a break in service, is appointed in the Department to a position having duties comparable to those performed immediately preceding his appointment shall continue to be compensated in his new position at not less than the rate provided for his previous position, for the duration of his service in his new position. (j) Administrative services; establishment of capital fund; transactions involving the capital fund. The Secretary is authorized to establish a working capital fund, to be available without fiscal year limitation, for expenses necessary for the maintenance and operation of such common administrative services as he shall find to be desirable in the interest of economy and efficiency in the Department, including such services as a central supply service for stationery and other supplies and equipment for which adequate stocks may be maintained to meet in whole or in part the requirements of the Department and its agencies; central messenger, mail, telephone, and other communications services; office space, central services for document reproduction, and for graphics and visual aids; and a central library service. The capital of the fund shall consist of any appropriations made for the purpose of providing capital (which appropriations are hereby authorized) and the fair and reasonable value of such stocks of supplies, equipment, and other assets and inventories on order as the Secretary may transfer to the fund, less the related liabilities and unpaid obligations. Such funds shall be reimbursed in advance from available funds of agencies and offices in the Department, or from other sources, for supplies and services at rates which will approximate the expense of operation, including the accrual of annual leave and the depreciation of equipment. The fund shall also be credited with receipts from sale or exchange of property and receipts in payment for loss or damage to property owned by the fund. There shall be covered into the United States Treasury as miscellaneous receipts any surplus found in the fund (all assets, liabilities, and prior losses considered) above the amounts transferred or appropriated to establish and maintain said fund. (k) Seal of office. The Secretary shall cause a seal of office to be made for the Department of such device as he shall approve, and judicial notice shall be taken of such seal. (1) Authority to provide necessary facilities and services for personnel stationed in remote localities. In addition to the authority contained in any other Act which is transferred to and vested in the Secretary, the National Transportation Safety Board, or other officer in the Department, as necessary, and when not otherwise available, the Secretary is authorized to provide for, construct, or maintain the following for employees and their dependents stationed at remote localities: (1) Emergency medical services and supplies; (4) Motion picture equipment and film for recreation and training; (5) Reimbursement for food, clothing, medicine, and other supplies furnished by such employees in emergencies for the temporary relief of distressed persons; and (6) Living and working quarters and facilities. The furnishing of medical treatment under paragraph (1) and the furnishing of services and supplies under paragraphs (2) and (3) of this subsection shall be at prices reflecting reasonable value as determined by the Secretary, and the proceeds therefrom shall be credited to the appropriation from which the expenditure was made. (m) Authority to accept and hold gifts and bequests for purpose of aiding or facilitating the work of the Department. (1) The Secretary is authorized to accept, hold, administer, and utilize gifts and bequests of property, both real and personal, for the purpose of aiding or facilitating the work of the Department. Gifts and bequests of money and the proceeds from sales of other property received as gifts or bequests shall be deposited in the Treasury in a separate fund and shall be disbursed upon order of the Secretary. Property accepted pursuant to this paragraph, and |