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42 U.S.C. § 7542 — Information collection
Federal law — U.S. Code and appendices · legal_authorities
**(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** Any 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 Administr
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Source location: Title 42, Chapter 85, § 7542; chapter-085-air-pollution-prevention-and-control.md
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**(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** Any 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 [section 1905 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1905&num=0&edition=prelim). Any authorized representative of the Administrator shall be considered an employee of the United States for purposes of [section 1905 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1905&num=0&edition=prelim). 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.
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Federal law — U.S. Code and appendices · legal_authorities
Whoever, being an officer or employee of the United States or of any department or agency thereof, any person acting on behalf of the Federal Housing Finance Agency, or agent of the Department of Justice as defined in the Antitrust Civil Process Act ([15 U.S.C. 1311–131](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1311–131&num=0&edition=prelim)4), or being an employee of a private sector organization who is or was assigned to an agency under chapter 37 of title 5, publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law any information coming to him in the course of his employment or official duties or by reason of any examination or investigation made by, or return, report or record made to or filed with, such department or agency or officer or employee thereof, which information concerns or relates to the trade secrets, processes, operations, style of work, or apparatus, or to the identity, confidential statistical data, amount or source of any income, profits, losses, or expenditures of any person, firm, partnership, corporation, or association; or permits any income return or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person except as provided by law; shall be fined under this title, or imprisoned not more than one year, or both; and shall be removed from office or employment.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 1905
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Federal law — U.S. Code and appendices · legal_authorities
As used in this part—
(1) The term “manufacturer” as used in sections 7521, 7522, 7525, 7541, and 7542 of this title means any person engaged in the manufacturing or assembling of new motor vehicles, new motor vehicle engines, new nonroad vehicles or new nonroad engines, or importing such vehicles or engines for resale, or who acts for and is under the control of any such person in connection with the distribution of new motor vehicles, new motor vehicle engines, new nonroad vehicles or new nonroad engines, but shall not include any dealer with respect to new motor vehicles, new motor vehicle engines, new nonroad vehicles or new nonroad engines received by him in commerce.
(2) The term “motor vehicle” means any self-propelled vehicle designed for transporting persons or property on a street or highway.
(3) Except with respect to vehicles or engines imported or offered for importation, the term “new motor vehicle” means a motor vehicle the equitable or legal title to which has never been transferred to an ultimate purchaser; and the term “new motor vehicle engine” means an engine in a new motor vehicle or a motor vehicle engine the equitable or legal title to which has never been transferred to the ultimate purchaser; and with respect to imported vehicles or engines, such terms mean a motor vehicle and engine, respectively, manufactured after the effective date of a regulation issued under [section 7521 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7521&num=0&edition=prelim) which is applicable to such vehicle or engine (or which would be applicable to such vehicle or engine had it been manufactured for importation into the United States).
(4) The term “dealer” means any person who is engaged in the sale or the distributio
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7550
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibition** No State or any political subdivision thereof shall adopt or attempt to enforce any standard relating to the control of emissions from new motor vehicles or new motor vehicle engines subject to this part. No State shall require certification, inspection, or any other approval relating to the control of emissions from any new motor vehicle or new motor vehicle engine as condition precedent to the initial retail sale, titling (if any), or registration of such motor vehicle, motor vehicle engine, or equipment.
**(b) Waiver**
(1) The Administrator shall, after notice and opportunity for public hearing, waive application of this section to any State which has adopted standards (other than crankcase emission standards) for the control of emissions from new motor vehicles or new motor vehicle engines prior to March 30, 1966, if the State determines that the State standards will be, in the aggregate, at least as protective of public health and welfare as applicable Federal standards. No such waiver shall be granted if the Administrator finds that—
(A) the determination of the State is arbitrary and capricious,
(B) such State does not need such State standards to meet compelling and extraordinary conditions, or
(C) such State standards and accompanying enforcement procedures are not consistent with [section 7521(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7521/a&num=0&edition=prelim).
(2) If each State standard is at least as stringent as the comparable applicable Federal standard, such State standard shall be deemed to be at least as protective of health and welfare as such Federal standards for purposes of paragraph (1).
(3) In the case of any new motor vehicle or new motor vehicle engine to whi
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7543
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 1857f–5a, act July 14, 1955, ch. 360, title II, § 207, as added Dec. 31, 1970, Pub. L. 91–604, § 8(a), 84 Stat. 1696, which related to compliance by vehicles and engines in actual use, was transferred to [section 7541 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7541&num=0&edition=prelim).
Section 1857f–6, act July 14, 1955, ch. 360, title II, § 208, formerly § 207, as added Oct. 20, 1965, Pub. L. 89–272, title I, § 101(8), 79 Stat. 994; amended Nov. 21, 1967, Pub. L. 90–148, § 2, 81 Stat. 501; renumbered and amended Dec. 31, 1970, Pub. L. 91–604, §§ 8(a), 10(a), 11(a)(2)(A), 15(c)(2), 84 Stat. 1694, 1700, 1705, 1713, which related to reports, records, and information required, access to and copying records, availability of records to the public, and disclosure of trade secrets, was transferred to [section 7542 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7542&num=0&edition=prelim).
Section 1857f–6a, act July 14, 1955, ch. 360, title II, § 209, formerly § 208, as added Nov. 21, 1967, Pub. L. 90–148, § 2, 81 Stat. 501; renumbered and amended Dec. 31, 1970, Pub. L. 91–604, §§ 8(a), 11(a)(2)(A), 15(c)(2), 84 Stat. 1694, 1705, 1713, which related to State standards regarding control of emissions from new motor vehicles or new motor vehicle engines, was transferred to [section 7543 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7543&num=0&edition=prelim).
Section 1857f–6b, act July 14, 1955, ch. 360, title II, § 210, formerly § 209, as added Nov. 21, 1967, Pub. L. 90–148, § 2, 81 Stat. 502; renumbered and amended Dec. 31, 1970, Pub. L. 91–604, §§ 8(a), 10(b), 84 Stat. 1694, 1700, which relate
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Enumerated prohibitions** The following acts and the causing thereof are prohibited—
(1) in the case of a manufacturer of new motor vehicles or new motor vehicle engines for distribution in commerce, the sale, or the offering for sale, or the introduction, or delivery for introduction, into commerce, or (in the case of any person, except as provided by regulation of the Administrator), the importation into the United States, of any new motor vehicle or new motor vehicle engine, manufactured after the effective date of regulations under this part which are applicable to such vehicle or engine unless such vehicle or engine is covered by a certificate of conformity issued (and in effect) under regulations prescribed under this part or part C in the case of clean-fuel vehicles (except as provided in subsection (b));
(2)
(A) for any person to fail or refuse to permit access to or copying of records or to fail to make reports or provide information required under [section 7542 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7542&num=0&edition=prelim);
(B) for any person to fail or refuse to permit entry, testing or inspection authorized under [section 7525(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7525/c&num=0&edition=prelim) or [section 7542 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7542&num=0&edition=prelim);
(C) for any person to fail or refuse to perform tests, or have tests performed as required under [section 7542 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7542&num=0&edition=prelim);
(D) for any manufacturer to fail to make information available as provided by r
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7522
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Testing and issuance of certificate of conformity**
(1) The Administrator shall test, or require to be tested in such manner as he deems appropriate, any new motor vehicle or new motor vehicle engine submitted by a manufacturer to determine whether such vehicle or engine conforms with the regulations prescribed under [section 7521 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7521&num=0&edition=prelim). If such vehicle or engine conforms to such regulations, the Administrator shall issue a certificate of conformity upon such terms, and for such period (not in excess of one year), as he may prescribe. In the case of any original equipment manufacturer (as defined by the Administrator in regulations promulgated before November 15, 1990) of vehicles or vehicle engines whose projected sales in the United States for any model year (as determined by the Administrator) will not exceed 300, the Administrator shall not require, for purposes of determining compliance with regulations under [section 7521 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7521&num=0&edition=prelim) for the useful life of the vehicle or engine, operation of any vehicle or engine manufactured during such model year for more than 5,000 miles or 160 hours, respectively, unless the Administrator, by regulation, prescribes otherwise. The Administrator shall apply any adjustment factors that the Administrator deems appropriate to assure that each vehicle or engine will comply during its useful life (as determined under [section 7521(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7521/d&num=0&edition=prelim)) with the regulations prescribed under [section 7521 of this t
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7525
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Warranty; certification; payment of replacement costs of parts, devices, or components designed for emission control**
(1) Effective with respect to vehicles and engines manufactured in model years beginning more than 60 days after December 31, 1970, the manufacturer of each new motor vehicle and new motor vehicle engine shall warrant to the ultimate purchaser and each subsequent purchaser that such vehicle or engine is (A) designed, built, and equipped so as to conform at the time of sale with applicable regulations under [section 7521 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7521&num=0&edition=prelim), and (B) free from defects in materials and workmanship which cause such vehicle or engine to fail to conform with applicable regulations for its useful life (as determined under [section 7521(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7521/d&num=0&edition=prelim)). In the case of vehicles and engines manufactured in the model year 1995 and thereafter such warranty shall require that the vehicle or engine is free from any such defects for the warranty period provided under subsection (i).
(2) In the case of a motor vehicle part or motor vehicle engine part, the manufacturer or rebuilder of such part may certify that use of such part will not result in a failure of the vehicle or engine to comply with emission standards promulgated under [section 7521 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7521&num=0&edition=prelim). Such certification shall be made only under such regulations as may be promulgated by the Administrator to carry out the purposes of subsection (b). The Administrator shall promulgate such regulations
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7541
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Federal law — U.S. Code and appendices · legal_authorities
Page 7337
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 7542
of Pub. L. 95–95, set out as a note under section 7401 of
this title.
EFFECTIVE DATE
Section not applicable to vehicles or engines im-
ported into United States before sixtieth day after Dec.
31, 1970, see section 8(b) of Pub. L. 91–604, set out as a
note under section 7525 of this title.
MODIFICATION OR RESCISSION OF RULES, REGULATIONS,
ORDERS,
DETERMINATIONS,
CONTRACTS,
CERTIFI-
CATIONS, AUTHORIZATIONS, DELEGATIONS, AND OTHER
ACTIONS
All rules, regulations, orders, determinations, con-
tracts, certifications, authorizations, delegations, or
other actions duly issued, made, or taken by or pursu-
ant to act July 14, 1955, the Clean Air Act, as in effect
immediately prior to the date of enactment of Pub. L.
95–95 [Aug. 7, 1977] to continue in full force and effect
until modified or rescinded in accordance with act July
14, 1955, as amended by Pub. L. 95–95 [this chapter], see
section 406(b) of Pub. L. 95–95, set out as an Effective
Date of 1977 Amendment note under section 7401 of this
title.
§ 7542. Information collection
(a) Manufacturer’s responsibility
Every manufacturer of new motor vehicles or
new motor vehicle engines, and every manufac-
turer of new motor vehicle or engine parts or
components, and other persons subject to the re-
quirements 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
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7542
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