1625-0044 Stat/Auth

§ 1347

TITLE 43—PUBLIC LANDS

semiannual, or other regular periodic report listed in
House Document No. 103–7 (in which the 15th item on
page 111 identifies a reporting provision which, as subsequently amended, is contained in subsec. (e) of this
section), see section 3003 of Pub. L. 104–66, as amended,
set out as a note under section 1113 of Title 31, Money
and Finance.

§ 1347. Safety and health regulations
(a) Joint study of adequacy of existing safety and
health regulations; submission to President
and Congress
Upon September 18, 1978, the Secretary and
the Secretary of the Department in which the
Coast Guard is operating shall, in consultation
with each other and, as appropriate, with the
heads of other Federal departments and agencies, promptly commence a joint study of the
adequacy of existing safety and health regulations and of the technology, equipment, and
techniques available for the exploration, development, and production of the minerals of the
outer Continental Shelf. The results of such
study shall be submitted to the President who
shall submit a plan to the Congress of his proposals to promote safety and health in the exploration, development, and production of the
minerals of the outer Continental Shelf.
(b) Use of best available and safest economically
feasible technologies
In exercising their respective responsibilities
for the artificial islands, installations, and other
devices referred to in section 1333(a)(1) of this
title, the Secretary, and the Secretary of the
Department in which the Coast Guard is operating, shall require, on all new drilling and production operations and, wherever practicable, on
existing operations, the use of the best available
and safest technologies which the Secretary determines to be economically feasible, wherever
failure of equipment would have a significant effect on safety, health, or the environment, except where the Secretary determines that the
incremental benefits are clearly insufficient to
justify the incremental costs of utilizing such
technologies.
(c) Regulations applying to unregulated hazardous working conditions
The Secretary of the Department in which the
Coast Guard is operating shall promulgate regulations or standards applying to unregulated
hazardous working conditions related to activities on the outer Continental Shelf when he determines such regulations or standards are necessary. The Secretary of the Department in
which the Coast Guard is operating may from
time to time modify any regulations, interim or
final, dealing with hazardous working conditions on the outer Continental Shelf.
(d) Application of other laws
Nothing in this subchapter shall affect the authority provided by law to the Secretary of
Labor for the protection of occupational safety
and health, the authority provided by law to the
Administrator of the Environmental Protection
Agency for the protection of the environment,
or the authority provided by law to the Secretary of Transportation with respect to pipeline safety.

Page 348

(e) Studies of underwater diving techniques and
equipment
The Secretary of Commerce, in cooperation
with the Secretary of the Department in which
the Coast Guard is operating, and the Director
of the National Institute of Occupational Safety
and Health, shall conduct studies of underwater
diving techniques and equipment suitable for
protection of human safety and improvement of
diver performance. Such studies shall include,
but need not be limited to, decompression and
excursion table development and improvement
and all aspects of diver physiological restraints
and protective gear for exposure to hostile environments.
(f) Coordination and consultation with Federal
departments and agencies; availability to interested persons of compilation of safety regulations
(1) In administering the provisions of this section, the Secretary shall consult and coordinate
with the heads of other appropriate Federal departments and agencies for purposes of assuring
that, to the maximum extent practicable, inconsistent or duplicative requirements are not imposed.
(2) The Secretary shall make available to any
interested person a compilation of all safety and
other regulations which are prepared and promulgated by any Federal department or agency
and applicable to activities on the outer Continental Shelf. Such compilation shall be revised
and updated annually.
(Aug. 7, 1953, ch. 345, § 21, as added Pub. L. 95–372,
title II, § 208, Sept. 18, 1978, 92 Stat. 654.)
Statutory Notes and Related Subsidiaries
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 1348. Enforcement of safety and environmental
regulations
(a) Utilization of Federal departments and agencies
The Secretary, the Secretary of the Department in which the Coast Guard is operating, and
the Secretary of the Army shall enforce safety
and environmental regulations promulgated
pursuant to this subchapter. Each such Federal
department may by agreement utilize, with or
without reimbursement, the services, personnel,
or facilities of other Federal departments and
agencies for the enforcement of their respective
regulations.
(b) Duties of holders of lease or permit
It shall be the duty of any holder of a lease or
permit under this subchapter to—
(1) maintain all places of employment within
the lease area or within the area covered by
such permit in compliance with occupational

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§ 1349

TITLE 43—PUBLIC LANDS

safety and health standards and, in addition,
free from recognized hazards to employees of
the lease holder or permit holder or of any
contractor or subcontractor operating within
such lease area or within the area covered by
such permit on the outer Continental Shelf;
(2) maintain all operations within such lease
area or within the area covered by such permit
in compliance with regulations intended to
protect persons, property, and the environment on the outer Continental Shelf; and
(3) allow prompt access, at the site of any
operation subject to safety regulations, to any
inspector, and to provide such documents and
records which are pertinent to occupational or
public health, safety, or environmental protection, as may be requested.
(c) Onsite inspection of facilities
The Secretary and the Secretary of the Department in which the Coast Guard is operating
shall individually, or jointly if they so agree,
promulgate regulations to provide for—
(1) scheduled onsite inspection, at least once
a year, of each facility on the outer Continental Shelf which is subject to any environmental or safety regulation promulgated pursuant to this subchapter, which inspection
shall include all safety equipment designed to
prevent or ameliorate blowouts, fires, spillages, or other major accidents; and
(2) periodic onsite inspection without advance notice to the operator of such facility to
assure compliance with such environmental or
safety regulations.
(d) Investigation and report on major fires, oil
spills, death, or serious injury
(1) The Secretary or the Secretary of the Department in which the Coast Guard is operating
shall make an investigation and public report on
each major fire and each major oil spillage occurring as a result of operations conducted pursuant to this subchapter, and may, in his discretion, make an investigation and report of lesser
oil spillages. For purposes of this subsection, a
major oil spillage is any spillage in one instance
of more than two hundred barrels of oil during
a period of thirty days. All holders of leases or
permits issued or maintained under this subchapter shall cooperate with the appropriate
Secretary in the course of any such investigation.
(2) The Secretary or the Secretary of the Department in which the Coast Guard is operating
shall make an investigation and public report on
any death or serious injury occurring as a result
of operations conducted pursuant to this subchapter, and may, in his discretion, make an investigation and report of any injury. For purposes of this subsection, a serious injury is one
resulting in substantial impairment of any bodily unit or function. All holders of leases or permits issued or maintained under this subchapter
shall cooperate with the appropriate Secretary
in the course of any such investigation.
(e) Review of allegations of violations
The Secretary, or, in the case of occupational
safety and health, the Secretary of the Department in which the Coast Guard is operating,
may review any allegation from any person of

the existence of a violation of a safety regulation issued under this subchapter.
(f) Summoning of witnesses and production of
evidence
In any investigation conducted pursuant to
this section, the Secretary or the Secretary of
the Department in which the Coast Guard is operating shall have power to summon witnesses
and to require the production of books, papers,
documents, and any other evidence. Attendance
of witnesses or the production of books, papers,
documents, or any other evidence shall be compelled by a similar process, as in the district
courts of the United States. Such Secretary, or
his designee, shall administer all necessary
oaths to any witnesses summoned before such
investigation.
(Aug. 7, 1953, ch. 345, § 22, as added Pub. L. 95–372,
title II, § 208, Sept. 18, 1978, 92 Stat. 655; amended
Pub. L. 105–362, title IX, § 901(l)(2), Nov. 10, 1998,
112 Stat. 3290.)
Editorial Notes
AMENDMENTS
1998—Subsec. (g). Pub. L. 105–362 struck out subsec.
(g) which read as follows: ‘‘The Secretary shall, after
consultation with the Secretary of the Department in
which the Coast Guard is operating, include in his annual report to the Congress required by section 1343 of
this title the number of violations of safety regulations
reported or alleged, any investigations undertaken, the
results of such investigations, and any administrative
or judicial action taken as a result of such investigations, and the results of the diving studies conducted
under section 1347(e) of this title.’’
Statutory Notes and Related Subsidiaries
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
REPORT AND RECOMMENDATIONS BY SECRETARY TO
CONGRESS FOR TRAINING PROGRAM
Pub. L. 95–372, title VI, § 607, Sept. 18, 1978, 92 Stat.
697, required the Secretary of the Interior, in consultation with the Secretary of the Department in which the
Coast Guard is operating, not later than ninety days
after Sept. 18, 1978, to prepare and submit to the Congress a training program report concerning individuals
employed on any artificial island, installation, or other
device located on the Outer Continental Shelf and who,
as part of their employment, operate or supervise the
operation of pollution-prevention equipment.

§ 1349. Citizens suits, jurisdiction and judicial review
(a) Persons who may bring actions; persons
against whom action may be brought; time of
action; intervention by Attorney General;
costs and fees; security
(1) Except as provided in this section, any person having a valid legal interest which is or may
be adversely affected may commence a civil action on his own behalf to compel compliance