
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-569 Section 606]
[CITE: 42USC5406]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
     CHAPTER 70--MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS
 
Sec. 5406. Submission of cost or other information by 
        manufacturer
        

(a) Purpose of submission; detail of information

    Whenever any manufacturer is opposed to any action of the Secretary 
under section 5403 of this title or under any other provision of this 
chapter on the grounds of increased cost or for other reasons, the 
manufacturer shall submit such cost and other information (in such 
detail as the Secretary may by rule or order prescribe) as may be 
necessary in order to properly evaluate the manufacturer's statement.

(b) Conditions upon availability to public of submitted information

    Such information shall be available to the public unless the 
manufacturer establishes that it contains a trade secret or that 
disclosure of any portion of such information would put the manufacturer 
at a substantial competitive disadvantage. Notice of the availability of 
such information shall be published promptly in the Federal Register. If 
the Secretary determines that any portion of such information contains a 
trade secret or that the disclosure of any portion of such information 
would put the manufacturer at a substantial competitive disadvantage, 
such portion may be disclosed to the public only in such manner as to 
preserve the confidentiality of such trade secret or in such combined or 
summary form so as not to disclose the identity of any individual 
manufacturer, except that any 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 
subsection shall authorize the withholding of information by the 
Secretary or any officer or employee under his control from the duly 
authorized committees of the Congress.

(c) Establishment, etc., of standards on basis of submitted information; 
        publication of notice in Federal Register by Secretary to allow 
        comment by interested parties

    If the Secretary proposes to establish, amend, or revoke a Federal 
manufactured home construction and safety standard under section 5403 of 
this title on the basis of information submitted pursuant to subsection 
(a) of this section, he shall publish a notice of such proposed action, 
together with the reasons therefor, in the Federal Register at least 
thirty days in advance of making a final determination, in order to 
allow interested parties an opportunity to comment.

(d) ``Cost information'' defined

    For purposes of this section, ``cost information'' means information 
with respect to alleged cost increases resulting from action by the 
Secretary, in such a form as to permit the public and the Secretary to 
make an informed judgment on the validity of the manufacturer's 
statements. Such term includes both the manufacturer's cost and the cost 
to retail purchasers.

(e) Power of Secretary to obtain or require submission of information 
        under other provisions unaffected

    Nothing in this section shall be construed to restrict the authority 
of the Secretary to obtain or require submission of information under 
any other provision of this chapter.

(Pub. L. 93-383, title VI, Sec. 607, Aug. 22, 1974, 88 Stat. 703; Pub. 
L. 96-399, title III, Sec. 308(c)(4), Oct. 8, 1980, 94 Stat. 1641.)


                               Amendments

    1980--Subsec. (c). Pub. L. 96-399 substituted ``manufactured home'' 
for ``mobile home''.
