
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7542]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
          SUBCHAPTER II--EMISSION STANDARDS FOR MOVING SOURCES
 
            Part A--Motor Vehicle Emission and Fuel Standards
 
Sec. 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 of this subchapter, shall establish and maintain records, 
perform tests where such testing is not otherwise reasonably available 
under this part and part C of this subchapter (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 of this 
subchapter and regulations thereunder, or to otherwise carry out the 
provision of this part and part C of this subchapter, 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) of this section, for 
    the purposes of inspecting or observing any activity conducted 
    pursuant to subsection (a) of this section, and
        (2) to inspect records, files, papers, processes, controls, and 
    facilities used in performing any activity required by subsection 
    (a) of this section, by such manufacturer or by any person whom the 
    manufacturer engages to perform any such activity.

(c) Availability to public; trade secrets

    Any records, reports, or information obtained under this part or 
part C of this subchapter 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 section 1905 of 
title 18. Any authorized representative of the Administrator shall be 
considered an employee of the United States for purposes of section 1905 
of title 18. 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, title II, Sec. 208, formerly Sec. 207, as added 
Pub. L. 89-272, title I, Sec. 101(8), Oct. 20, 1965, 79 Stat. 994; 
amended Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 501; renumbered 
and amended Pub. L. 91-604, Secs. 8(a), 10(a), 11(a)(2)(A), 15(c)(2), 
Dec. 31, 1970, 84 Stat. 1694, 1700, 1705, 1713; Pub. L. 101-549, title 
II, Sec. 211, Nov. 15, 1990, 104 Stat. 2487.)

                          Codification

    Section was formerly classified to section 1857f-6 of this title.


                            Prior Provisions

    A prior section 208 of act July 14, 1955, as added Nov. 21, 1967, 
Pub. L. 90-148, Sec. 2, 81 Stat. 501, was renumbered section 209 by Pub. 
L. 91-604 and is classified to section 7543 of this title.
    Another prior section 208 of act July 14, 1955, as added Oct. 20, 
1965, Pub. L. 89-272, title I, Sec. 101(8), 79 Stat. 994, was renumbered 
section 212 by Pub. L. 90-148, renumbered section 213 by Pub. L. 91-604, 
renumbered 214 by Pub. L. 93-319, and renumbered section 216 by Pub. L. 
95-95, and is classified to section 7550 of this title.


                               Amendments

    1990--Pub. L. 101-549 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.
    1970--Subsec. (a). Pub. L. 91-604, Secs. 11(a)(2)(A), 15(c)(2), 
substituted ``Administrator'' for ``Secretary'' wherever appearing and 
``part'' for ``subchapter''.
    Subsec. (b). Pub. L. 91-604, Secs. 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 section 1905 of 
title 18, be considered confidential for the purpose of such section 
1905, and substituted ``Administrator'' for ``Secretary''.
    1967--Pub. L. 90-148 reenacted section without change.

                  Section Referred to in Other Sections

    This section is referred to in sections 7414, 7521, 7522, 7525, 
7547, 7550, 7607 of this title.
