42 U.S.C. § 7542 | Information collection

(a)

Manufacturer’s responsibility

Every manufacturer of new motor vehicles or new motor vehicle engines, and every manufacturer of new motor vehicle or engine parts or components, and other persons subject to the requirements of this part or part C, shall establish and maintain records, perform tests where such testing is not otherwise reasonably available under this part and part C (including fees for testing), make reports and provide information the Administrator may reasonably require to determine whether the manufacturer or other person has acted or is acting in compliance with this part and part C and regulations thereunder, or to otherwise carry out the provision of this part and part C, and shall, upon request of an officer or employee duly designated by the Administrator, permit such officer or employee at reasonable times to have access to and copy such records.

(b)

Enforcement authority

For the purposes of enforcement of this section, officers or employees duly designated by the Administrator upon presenting appropriate credentials are authorized—

(1)

to enter, at reasonable times, any establishment of the manufacturer, or of any person whom the manufacturer engages to perform any activity required by subsection (a), for the purposes of inspecting or observing any activity conducted pursuant to subsection (a), and

(2)

to inspect records, files, papers, processes, controls, and facilities used in performing any activity required by subsection (a), by such manufacturer or by any person whom the manufacturer engages to perform any such activity.

(c)

Availability to public; trade secrets

section 1905 of title 18 section 1905 of title 18Any records, reports, or information obtained under this part or part C shall be available to the public, except that upon a showing satisfactory to the Administrator by any person that records, reports, or information, or a particular portion thereof (other than emission data), to which the Administrator has access under this section, if made public, would divulge methods or processes entitled to protection as trade secrets of that person, the Administrator shall consider the record, report, or information or particular portion thereof confidential in accordance with the purposes of . Any authorized representative of the Administrator shall be considered an employee of the United States for purposes of . Nothing in this section shall prohibit the Administrator or authorized representative of the Administrator from disclosing records, reports or information to other officers, employees or authorized representatives of the United States 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 Administrator or any officer or employee under the Administrator’s control from the duly authorized committees of the Congress.

July 14, 1955, ch. 360 Pub. L. 89–272, title I, § 101(8)Oct. 20, 196579 Stat. 994 Pub. L. 90–148, § 2Nov. 21, 196781 Stat. 501 Pub. L. 91–604Dec. 31, 197084 Stat. 1694 Pub. L. 101–549, title II, § 211Nov. 15, 1990104 Stat. 2487(, title II, § 208, formerly § 207, as added , , ; amended , , ; renumbered and amended , §§ 8(a), 10(a), 11(a)(2)(A), 15(c)(2), , , 1700, 1705, 1713; , , .)

Editorial Notes

Codification

section 1857f–6 of this titleSection was formerly classified to .

Prior Provisions

July 14, 1955Nov. 21, 1967Pub. L. 90–148, § 2 81 Stat. 501 Pub. L. 91–604 section 7543 of this titleA prior section 208 of act , as added , , , was renumbered section 209 by and is classified to .

July 14, 1955Oct. 20, 1965Pub. L. 89–272, title I, § 101(8)79 Stat. 994 Pub. L. 90–148 Pub. L. 91–604 Pub. L. 93–319 Pub. L. 95–95 section 7550 of this titleAnother prior section 208 of act , as added , , , was renumbered section 212 by , renumbered section 213 by , renumbered 214 by , and renumbered section 216 by , and is classified to .

Amendments

Pub. L. 101–5491990— amended section generally, substituting present provisions for provisions which related to: in subsec. (a), manufacturer’s responsibility; and in subsec. (b), availability to public except for trade secrets.

Pub. L. 91–6041970—Subsec. (a). , §§ 11(a)(2)(A), 15(c)(2), substituted “Administrator” for “Secretary” wherever appearing and “part” for “subchapter”.

Pub. L. 91–604 section 1905 of title 18Subsec. (b). , §§ 10(a), 15(c)(2), substituted provisions authorizing the Administrator to make available to the public any records, reports, of information obtained under subsec. (a) of this section, except those shown to the Administrator to be entitled to protection as trade secrets, for provisions that all information reported or otherwise obtained by the Secretary or his representative pursuant to subsec. (a) of this section, which information contains or relates to a trade secret or other matter referred to in , be considered confidential for the purpose of such section 1905, and substituted “Administrator” for “Secretary”.

Pub. L. 90–1481967— reenacted section without change.