42 U.S.C. § 7541 — Compliance by vehicles and engines in ac-

Page 7332 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7541 2 See References in Text note below. 3 So in original. Probably should be ‘‘subsections’’. section 7542(b) 2 of this title, for purposes of this subsection. (h) Review and revision of regulations Within 18 months after November 15, 1990, the Administrator shall review and revise as nec- essary the regulations under subsection 3 (a) and (b) of this section regarding the testing of motor vehicles and motor vehicle engines to insure that vehicles are tested under circumstances which reflect the actual current driving condi- tions under which motor vehicles are used, in- cluding conditions relating to fuel, temperature, acceleration, and altitude. (July 14, 1955, ch. 360, title II, § 206, as added Pub. L. 91–604, § 8(a), Dec. 31, 1970, 84 Stat. 1694; amended Pub. L. 95–95, title II, §§ 213(a), 214(b), (c), 220, 224(e), Aug. 7, 1977, 91 Stat. 758–760, 762, 768; Pub. L. 95–190, § 14(a)(69), Nov. 16, 1977, 91 Stat. 1403; Pub. L. 101–549, title II, §§ 208, 230(7), (8), Nov. 15, 1990, 104 Stat. 2483, 2529; Pub. L. 114–94, div. B, title XXIV, § 24405(b), Dec. 4, 2015, 129 Stat. 1723.) Editorial Notes REFERENCES IN TEXT Section 7542 of this title, referred to in subsec. (g)(5), was amended generally by Pub. L. 101–549, title II, § 211, Nov. 15, 1990, 104 Stat. 2487, and provisions formerly contained in section 7542(b) of this title are contained in section 7542(c). CODIFICATION Section was formerly classified to section 1857f–5 of this title. PRIOR PROVISIONS A prior section 206 of act July 14, 1955, related to test- ing of motor vehicles and motor vehicle engines and was classified to section 1857f–5 of this title, prior to re- peal by Pub. L. 91–604. AMENDMENTS 2015—Subsec. (a)(5). Pub. L. 114–94 added par. (5). 1990—Subsec. (a)(1). Pub. L. 101–549, § 208(b), inserted new third sentence and struck out former third sen- tence which read as follows: ‘‘In the case of any manu- facturer of vehicles or vehicle engines whose projected sales in the United States for any model year (as deter- mined by the Administrator) will not exceed three hun- dred, the regulations prescribed by the Administrator concerning testing by the manufacturer for purposes of determining compliance with regulations under section 7521 of this title for the useful life of the vehicle or en- gine shall not require operation of any vehicle or en- gine manufactured during such model year for more than five thousand miles or one hundred and sixty hours, respectively, but the Administrator shall apply such adjustment factors as he deems appropriate to as- sure that each such vehicle or engine will comply dur- ing its useful life (as determined under section 7521(d) of this title) with the regulations prescribed under sec- tion 7521 of this title.’’ Subsec. (a)(4). Pub. L. 101–549, § 208(a), added par. (4). Subsec. (e). Pub. L. 101–549, § 230(7), struck out ‘‘an- nounce in the Federal Register and’’ after ‘‘The Admin- istrator shall’’. Subsec. (f). Pub. L. 101–549, § 230(8), struck out par. (1) designation before ‘‘All light duty vehicles’’, inserted reference to all light-duty trucks manufactured during or after model year 1995, and struck out par. (2) which required the Administrator to report to Congress by Oct. 1, 1978, on the economic impact and technological feasibility of the requirements of former par. (1). Subsec. (h). Pub. L. 101–549, § 208(c), added subsec. (h). 1977—Subsec. (a)(1). Pub. L. 95–95, § 220, inserted provi- sions covering testing by small manufacturers. Subsec. (a)(3). Pub. L. 95–95, § 214(b), added par. (3). Subsec. (b)(2)(A)(i). Pub. L. 95–95, § 214(c)(1), (2), sub- stituted ‘‘certificate of conformity was issued and with the requirements of section 7521(a)(4) of this title, he may suspend’’ for ‘‘certificate of conformity was issued, he may suspend’’ and ‘‘such regulations and require- ments’’ for ‘‘such regulations’’. Subsec. (b)(2)(A)(ii). Pub. L. 95–95, § 214(c)(2), sub- stituted ‘‘such regulations and requirements’’ for ‘‘such regulations’’. Subsec. (f). Pub. L. 95–95, § 213(a), added subsec. (f). Subsec. (g). Pub. L. 95–95, § 224(e), added subsec. (g). Subsec. (g)(3)(D). Pub. L. 95–190 inserted ‘‘shall’’ be- fore ‘‘be’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–95 effective Aug. 7, 1977, ex- cept as otherwise expressly provided, see section 406(d) of Pub. L. 95–95, set out as a note under section 7401 of this title. EFFECTIVE DATE Pub. L. 91–604, § 8(b), Dec. 31, 1970, 84 Stat. 1698, pro- vided that: ‘‘The amendments made by this section [en- acting this section and section 7541 of this title] shall not apply to vehicles or engines imported into the United States before the sixtieth day after the date of enactment of this Act [Dec. 31, 1970].’’ REGULATIONS Pub. L. 114–94, div. B, title XXIV, § 24405(c), Dec. 4, 2015, 129 Stat. 1725, provided that: ‘‘Not later than 12 months after the date of enactment of this Act [Dec. 4, 2015], the Secretary of Transportation and the Adminis- trator of the Environmental Protection Agency shall issue such regulations as may be necessary to imple- ment the amendments made by subsections (a) [amend- ing section 30114 of Title 49, Transportation] and (b) [amending this section], respectively.’’ 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. § 7541. Compliance by vehicles and engines in ac- tual use (a) Warranty; certification; payment of replace- ment costs of parts, devices, or components designed for emission control (1) Effective with respect to vehicles and en- gines 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 pur- chaser that such vehicle or engine is (A) de- Page 7333 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7541 1 So in original. The word ‘‘its’’ probably should not appear. signed, built, and equipped so as to conform at the time of sale with applicable regulations under section 7521 of this title, 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). In the case of vehicles and engines manufactured in the model year 1995 and thereafter such war- ranty shall require that the vehicle or engine is free from any such defects for the warranty pe- riod 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 vehi- cle or engine to comply with emission standards promulgated under section 7521 of this title. Such certification shall be made only under such regulations as may be promulgated by the Administrator to carry out the purposes of sub- section (b). The Administrator shall promulgate such regulations no later than two years fol- lowing August 7, 1977. (3) The cost of any part, device, or component of any light-duty vehicle that is designed for emission control and which in the instructions issued pursuant to subsection (c)(3) of this sec- tion is scheduled for replacement during the useful life of the vehicle in order to maintain compliance with regulations under section 7521 of this title, the failure of which shall not inter- fere with the normal performance of the vehicle, and the expected retail price of which, including installation costs, is greater than 2 percent of the suggested retail price of such vehicle, shall be borne or reimbursed at the time of replace- ment by the vehicle manufacturer and such re- placement shall be provided without cost to the ultimate purchaser, subsequent purchaser, or dealer. The term ‘‘designed for emission con- trol’’ as used in the preceding sentence means a catalytic converter, thermal reactor, or other component installed on or in a vehicle for the sole or primary purpose of reducing vehicle emissions (not including those vehicle compo- nents which were in general use prior to model year 1968 and the primary function of which is not related to emission control). (b) Testing methods and procedures If the Administrator determines that (i) there are available testing methods and procedures to ascertain whether, when in actual use through- out its 1 the warranty period (as determined under subsection (i)), each vehicle and engine to which regulations under section 7521 of this title apply complies with the emission standards of such regulations, (ii) such methods and proce- dures are in accordance with good engineering practices, and (iii) such methods and procedures are reasonably capable of being correlated with tests conducted under section 7525(a)(1) of this title, then— (1) he shall establish such methods and pro- cedures by regulation, and (2) at such time as he determines that in- spection facilities or equipment are available for purposes of carrying out testing methods and procedures established under paragraph (1), he shall prescribe regulations which shall require manufacturers to warrant the emis- sion control device or system of each new motor vehicle or new motor vehicle engine to which a regulation under section 7521 of this title applies and which is manufactured in a model year beginning after the Administrator first prescribes warranty regulations under this paragraph (2). The warranty under such regulations shall run to the ultimate pur- chaser and each subsequent purchaser and shall provide that if— (A) the vehicle or engine is maintained and operated in accordance with instructions under subsection (c)(3), (B) it fails to conform at any time during its 1 the warranty period (as determined under subsection (i)) to the regulations pre- scribed under section 7521 of this title, and (C) such nonconformity results in the ulti- mate purchaser (or any subsequent pur- chaser) of such vehicle or engine having to bear any penalty or other sanction (includ- ing the denial of the right to use such vehi- cle or engine) under State or Federal law, then such manufacturer shall remedy such nonconformity under such warranty with the cost thereof to be borne by the manufacturer. No such warranty shall be invalid on the basis of any part used in the maintenance or repair of a vehicle or engine if such part was certified as provided under subsection (a)(2). (c) Nonconforming vehicles; plan for remedying nonconformity; instructions for maintenance and use; label or tag Effective with respect to vehicles and engines manufactured during model years beginning more than 60 days after December 31, 1970— (1) If the Administrator determines that a substantial number of any class or category of vehicles or engines, although properly main- tained and used, do not conform to the regula- tions prescribed under section 7521 of this title, when in actual use throughout their use- ful life (as determined under section 7521(d) of this title), he shall immediately notify the manufacturer thereof of such nonconformity, and he shall require the manufacturer to sub- mit a plan for remedying the nonconformity of the vehicles or engines with respect to which such notification is given. The plan shall pro- vide that the nonconformity of any such vehi- cles or engines which are properly used and maintained will be remedied at the expense of the manufacturer. If the manufacturer dis- agrees with such determination of noncon- formity and so advises the Administrator, the Administrator shall afford the manufacturer and other interested persons an opportunity to present their views and evidence in support thereof at a public hearing. Unless, as a result of such hearing the Administrator withdraws such determination of nonconformity, he shall, within 60 days after the completion of such hearing, order the manufacturer to pro- vide prompt notification of such noncon- formity in accordance with paragraph (2). (2) Any notification required by paragraph (1) with respect to any class or category of ve- Page 7334 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7541 2 So in original. Probably should be ‘‘light-duty’’. hicles or engines shall be given to dealers, ul- timate purchasers, and subsequent purchasers (if known) in such manner and containing such information as the Administrator may by reg- ulations require. (3)(A) The manufacturer shall furnish with each new motor vehicle or motor vehicle en- gine written instructions for the proper main- tenance and use of the vehicle or engine by the ultimate purchaser and such instructions shall correspond to regulations which the Adminis- trator shall promulgate. The manufacturer shall provide in boldface type on the first page of the written maintenance instructions no- tice that maintenance, replacement, or repair of the emission control devices and systems may be performed by any automotive repair establishment or individual using any auto- motive part which has been certified as pro- vided in subsection (a)(2). (B) The instruction under subparagraph (A) of this paragraph shall not include any condi- tion on the ultimate purchaser’s using, in con- nection with such vehicle or engine, any com- ponent or service (other than a component or service provided without charge under the terms of the purchase agreement) which is identified by brand, trade, or corporate name; or directly or indirectly distinguishing be- tween service performed by the franchised dealers of such manufacturer or any other service establishments with which such manu- facturer has a commercial relationship, and service performed by independent automotive repair facilities with which such manufacturer has no commercial relationship; except that the prohibition of this subsection may be waived by the Administrator if— (i) the manufacturer satisfies the Adminis- trator that the vehicle or engine will func- tion properly only if the component or serv- ice so identified is used in connection with such vehicle or engine, and (ii) the Administrator finds that such a waiver is in the public interest. (C) In addition, the manufacturer shall indi- cate by means of a label or tag permanently affixed to such vehicle or engine that such ve- hicle or engine is covered by a certificate of conformity issued for the purpose of assuring achievement of emissions standards prescribed under section 7521 of this title. Such label or tag shall contain such other information re- lating to control of motor vehicle emissions as the Administrator shall prescribe by regula- tion. (4) INTERMEDIATE IN-USE STANDARDS.— (A) MODEL YEARS 1994 AND 1995.—For light- duty trucks of up to 6,000 lbs. gross vehicle weight rating (GVWR) and light-duty vehi- cles which are subject to standards under table G of section 7521(g)(1) of this title in model years 1994 and 1995 (40 percent of the manufacturer’s sales volume in model year 1994 and 80 percent in model year 1995), the standards applicable to NMHC, CO, and NOx for purposes of this subsection shall be those set forth in table A below in lieu of the standards for such air pollutants otherwise applicable under this subchapter. TABLE A—INTERMEDIATE IN-USE STANDARDS LDTS UP TO 6,000 LBS. GVWR AND LIGHT-DUTY VEHICLES Vehicle type NMHC CO NOx Light-duty vehicles ...................... 0.32 3.4 0.4* LDT’s (0–3,750 LVW) ...................... 0.32 5.2 0.4* LDT’s (3,751–5,750 LVW) ................ 0.41 6.7 0.7* *Not applicable to diesel-fueled vehicles. (B) MODEL YEARS 1996 AND THEREAFTER.—(i) In the model years 1996 and 1997, light-duty trucks (LDTs) up to 6,000 lbs. gross vehicle weight rating (GVWR) and light-duty vehi- cles which are not subject to final in-use standards under paragraph (5) (60 percent of the manufacturer’s sales volume in model year 1996 and 20 percent in model year 1997) shall be subject to the standards set forth in table A of subparagraph (A) for NMHC, CO, and NOx for purposes of this subsection in lieu of those set forth in paragraph (5). (ii) For LDTs of more than 6,000 lbs. GVWR— (I) in model year 1996 which are subject to the standards set forth in Table H of section 7521(h) of this title (50%); (II) in model year 1997 (100%); and (III) in model year 1998 which are not subject to final in-use standards under paragraph (5) (50%); the standards for NMHC, CO, and NOx for purposes of this subsection shall be those set forth in Table B below in lieu of the stand- ards for such air pollutants otherwise appli- cable under this subchapter. TABLE B—INTERMEDIATE IN-USE STANDARDS LDTS MORE THAN 6,000 LBS. GVWR Vehicle type NMHC CO NOx LDTs (3,751–5,750 lbs. TW) ............ 0.40 5.5 0.88* LDTs (over 5,750 lbs. TW) ............ 0.49 6.2 1.38* *Not applicable to diesel-fueled vehicles. (C) USEFUL LIFE.—In the case of the in-use standards applicable under this paragraph, for purposes of applying this subsection, the applicable useful life shall be 5 years or 50,000 miles or the equivalent (whichever first occurs). (5) FINAL IN-USE STANDARDS.—(A) After the model year 1995, for purposes of applying this subsection, in the case of the percentage speci- fied in the implementation schedule below of each manufacturer’s sales volume of light- duty trucks of up to 6,000 lbs. gross vehicle weight rating (GVWR) and light duty 2 vehi- cles, the standards for NMHC, CO, and NOx shall be as provided in Table G in section 7521(g) of this title, except that in applying the standards set forth in Table G for purposes of determining compliance with this sub- section, the applicable useful life shall be (i) 5 years or 50,000 miles (or the equivalent) which- ever first occurs in the case of standards appli- cable for purposes of certification at 50,000 miles; and (ii) 10 years or 100,000 miles (or the equivalent), whichever first occurs in the case Page 7335 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7541 3 So in original. The final closing parenthesis probably should not appear. of standards applicable for purposes of certifi- cation at 100,000 miles, except that no testing shall be done beyond 7 years or 75,000 miles, or the equivalent whichever first occurs. LDTS UP TO 6,000 LBS. GVWR AND LIGHT-DUTY VEHICLE SCHEDULE FOR IMPLEMENTATION OF FINAL IN-USE STANDARDS Model year Percent 1996 ......................................................... 40 1997 ......................................................... 80 1998 ......................................................... 100 (B) After the model year 1997, for purposes of applying this subsection, in the case of the percentage specified in the implementation schedule below of each manufacturer’s sales volume of light-duty trucks of more than 6,000 lbs. gross vehicle weight rating (GVWR), the standards for NMHC, CO, and NOx shall be as provided in Table H in section 7521(h) of this title, except that in applying the standards set forth in Table H for purposes of determining compliance with this subsection, the applica- ble useful life shall be (i) 5 years or 50,000 miles (or the equivalent) whichever first oc- curs in the case of standards applicable for purposes of certification at 50,000 miles; and (ii) 11 years or 120,000 miles (or the equiva- lent), whichever first occurs in the case of standards applicable for purposes of certifi- cation at 120,000 miles, except that no testing shall be done beyond 7 years or 90,000 miles (or the equivalent) whichever first occurs. LDTS OF MORE THAN 6,000 LBS. GVWR IMPLE- MENTATION SCHEDULE FOR IMPLEMENTATION OF FINAL IN-USE STANDARDS Model year Percent 1998 ......................................................... 50 1999 ......................................................... 100 (6) DIESEL VEHICLES; IN-USE USEFUL LIFE AND TESTING.—(A) In the case of diesel-fueled light- duty trucks up to 6,000 lbs. GVWR and light- duty vehicles, the useful life for purposes of determining in-use compliance with the stand- ards under section 7521(g) of this title for NOx shall be a period of 10 years or 100,000 miles (or the equivalent), whichever first occurs, in the case of standards applicable for purposes of certification at 100,000 miles, except that test- ing shall not be done for a period beyond 7 years or 75,000 miles (or the equivalent) which- ever first occurs. (B) In the case of diesel-fueled light-duty trucks of 6,000 lbs. GVWR or more, the useful life for purposes of determining in-use compli- ance with the standards under section 7521(h) of this title for NOx shall be a period of 11 years or 120,000 miles (or the equivalent), whichever first occurs, in the case of standards applicable for purposes of certification at 120,000 miles, except that testing shall not be done for a period beyond 7 years or 90,000 miles (or the equivalent) whichever first occurs. (d) Dealer costs borne by manufacturer Any cost obligation of any dealer incurred as a result of any requirement imposed by sub- section (a), (b), or (c) shall be borne by the man- ufacturer. The transfer of any such cost obliga- tion from a manufacturer to any dealer through franchise or other agreement is prohibited. (e) Cost statement If a manufacturer includes in any advertise- ment a statement respecting the cost or value of emission control devices or systems, such manu- facturer shall set forth in such statement the cost or value attributed to such devices or sys- tems by the Secretary of Labor (through the Bu- reau of Labor Statistics). The Secretary of Labor, and his representatives, shall have the same access for this purpose to the books, docu- ments, papers, and records of a manufacturer as the Comptroller General has to those of a recipi- ent of assistance for purposes of section 7611 of this title. (f) Inspection after sale to ultimate purchaser Any inspection of a motor vehicle or a motor vehicle engine for purposes of subsection (c)(1), after its sale to the ultimate purchaser, shall be made only if the owner of such vehicle or engine voluntarily permits such inspection to be made, except as may be provided by any State or local inspection program. (g) Replacement and maintenance costs borne by owner For the purposes of this section, the owner of any motor vehicle or motor vehicle engine war- ranted under this section is responsible in the proper maintenance of such vehicle or engine to replace and to maintain, at his expense at any service establishment or facility of his choosing, such items as spark plugs, points, condensers, and any other part, item, or device related to emission control (but not designed for emission control under the terms of the last sentence of subsection (a)(3))),3 unless such part, item, or de- vice is covered by any warranty not mandated by this chapter. (h) Dealer certification (1) If at any time during the period for which the warranty applies under subsection (b), a motor vehicle fails to conform to the applicable regulations under section 7521 of this title as de- termined under subsection (b) of this section such nonconformity shall be remedied by the manufacturer at the cost of the manufacturer pursuant to such warranty as provided in sub- section (b)(2)(without regard to subparagraph (C) thereof). (2) Nothing in section 7543(a) of this title shall be construed to prohibit a State from testing, or requiring testing of, a motor vehicle after the date of sale of such vehicle to the ultimate pur- chaser (except that no new motor vehicle manu- facturer or dealer may be required to conduct testing under this paragraph). (i) Warranty period (1) In general For purposes of subsection (a)(1) and sub- section (b) of this section, the warranty pe- riod, effective with respect to new light-duty Page 7336 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7541 trucks and new light-duty vehicles and en- gines, manufactured in the model year 1995 and thereafter, shall be the first 2 years or 24,000 miles of use (whichever first occurs), ex- cept as provided in paragraph (2). For purposes of subsection (a)(1) and subsection (b), for other vehicles and engines the warranty pe- riod shall be the period established by the Ad- ministrator by regulation (promulgated prior to November 15, 1990) for such purposes unless the Administrator subsequently modifies such regulation. (2) Specified major emission control compo- nents In the case of a specified major emission control component, the warranty period for new light-duty trucks and new light-duty ve- hicles and engines manufactured in the model year 1995 and thereafter for purposes of sub- section (a)(1) and subsection (b) shall be 8 years or 80,000 miles of use (whichever first oc- curs). As used in this paragraph, the term ‘‘specified major emission control component’’ means only a catalytic converter, an elec- tronic emissions control unit, and an onboard emissions diagnostic device, except that the Administrator may designate any other pollu- tion control device or component as a speci- fied major emission control component if— (A) the device or component was not in general use on vehicles and engines manu- factured prior to the model year 1990; and (B) the Administrator determines that the retail cost (exclusive of installation costs) of such device or component exceeds $200 (in 1989 dollars), adjusted for inflation or defla- tion as calculated by the Administrator at the time of such determination. For purposes of this paragraph, the term ‘‘on- board emissions diagnostic device’’ means any device installed for the purpose of storing or processing emissions related diagnostic infor- mation, but not including any parts or other systems which it monitors except specified major emissions control components. Nothing in this chapter shall be construed to provide that any part (other than a part referred to in the preceding sentence) shall be required to be warranted under this chapter for the period of 8 years or 80,000 miles referred to in this para- graph. (3) Instructions Subparagraph (A) of subsection (b)(2) shall apply only where the Administrator has made a determination that the instructions con- cerned conform to the requirements of sub- section (c)(3). (July 14, 1955, ch. 360, title II, § 207, as added Pub. L. 91–604, § 8(a), Dec. 31, 1970, 84 Stat. 1696; amended Pub. L. 95–95, title II, §§ 205, 208–210, 212, Aug. 7, 1977, 91 Stat. 754–756, 758; Pub. L. 95–190, § 14(a)(70)–(72), Nov. 16, 1977, 91 Stat. 1403; Pub. L. 101–549, title II, §§ 209, 210, 230(9), Nov. 15, 1990, 104 Stat. 2484, 2485, 2529; Pub. L. 113–109, § 1, June 9, 2014, 128 Stat. 1170.) Editorial Notes CODIFICATION Section was formerly classified to section 1857f–5a of this title. PRIOR PROVISIONS A prior section 207 of act July 14, 1955, was renum- bered section 208 by Pub. L. 91–604 and is classified to section 7542 of this title. AMENDMENTS 2014—Subsec. (h). Pub. L. 113–109 redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out former par. (1) which read as follows: ‘‘Upon the sale of each new light-duty motor vehicle by a dealer, the dealer shall furnish to the purchaser a certificate that such motor vehicle conforms to the applicable regula- tions under section 7521 of this title, including notice of the purchaser’s rights under paragraph (2).’’ 1990—Subsec. (a)(1). Pub. L. 101–549, § 209(4), inserted at end ‘‘In the case of vehicles and engines manufac- tured in the model year 1995 and thereafter such war- ranty shall require that the vehicle or engine is free from any such defects for the warranty period provided under subsection (i).’’ Subsec. (b). Pub. L. 101–549, § 209(1), (2), substituted ‘‘the warranty period (as determined under subsection (i))’’ for ‘‘useful life (as determined under section 7521(d) of this title)’’ in introductory provisions and par. (2)(B), and struck out closing provisions which read as follows: ‘‘For purposes of the warranty under this subsection, for the period after twenty-four months or twenty-four thousand miles (whichever first occurs) the term ‘emission control device or system’ means a catalytic converter, thermal reactor, or other component installed on or in a vehicle for the sole or primary purpose of reducing vehicle emissions. Such term shall not include those vehicle components which were in general use prior to model year 1968.’’ Subsec. (c)(4) to (6). Pub. L. 101–549, § 210, added pars. (4) to (6). Subsec. (g). Pub. L. 101–549, § 230(9), substituted ‘‘the last sentence of subsection (a)(3))’’ for ‘‘the last three sentences of subsection (a)(1)’’. Subsec. (i). Pub. L. 101–549, § 209(3), added subsec. (i). 1977—Subsec. (a). Pub. L. 95–190, § 14(a)(70), designated provisions contained in cl. (3) of subsec. (a), formerly set out as containing cls. (1), (2), and (3), to be par. (3) of subsec. (a) after the amendment by Pub. L. 95–95, § 209(b), which designated provisions of former subsec. (a) as par. (1) and former cls. (1) and (2) as (A) and (B) of par. (1) and added a new par. (2). Pub. L. 95–95, § 205, added cl. (3). Subsec. (b). Pub. L. 95–95, § 209(a), (c), inserted provi- sions to par. (2) that no warranty be held invalid on the basis of any part used in the maintenance or repair of a vehicle or engine if the part was certified as provided in subsec. (a)(2) of this section, and, following par. (2), inserted provisions defining ‘‘emission control device or system’’. Subsec. (c)(3). Pub. L. 95–95, § 208, designated existing provisions as subpars. (A) and (C), added requirement for the bold face printing of a required notice on the first page of the written maintenance instructions in subpar. (A), and added subpar. (B). Subsec. (f). Pub. L. 95–190, § 14(a)(71), redesignated subsec. (f) as added by Pub. L. 95–95, § 212, as (h). Subsec. (g). Pub. L. 95–95, § 210, added subsec. (g). Subsec. (h). Pub. L. 95–190, § 14(a)(71), redesignated subsec. (f) as added by Pub. L. 95–95, § 212, as (h). Subsec. (h)(2). Pub. L. 95–190, § 14(a)(72), substituted ‘‘determined under’’ for ‘‘determined and’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–549, title II, § 209, Nov. 15, 1990, 104 Stat. 2484, provided that the amendments made by that sec- tion are effective with respect to new motor vehicles and engines manufactured in model year 1995 and there- after. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–95 effective Aug. 7, 1977, ex- cept as otherwise expressly provided, see section 406(d) 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 provision of this part and part C, and shall, upon request of an of- ficer or employee duly designated by the Admin- istrator, permit such officer or employee at rea- sonable times to have access to and copy such records. (b) Enforcement authority For the purposes of enforcement of this sec- tion, officers or employees duly designated by the Administrator upon presenting appropriate credentials are authorized— (1) to enter, at reasonable times, any estab- lishment 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 activ- ity conducted pursuant to subsection (a), and (2) to inspect records, files, papers, proc- esses, controls, and facilities used in per- forming 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 satisfac- tory 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 se- crets of that person, the Administrator shall consider the record, report, or information or particular portion thereof confidential in ac- cordance 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, re- ports or information to other officers, employ- ees 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 Adminis- trator or any officer or employee under the Ad- ministrator’s control from the duly authorized committees of the Congress. (July 14, 1955, ch. 360, title II, § 208, formerly § 207, as added Pub. L. 89–272, title I, § 101(8), Oct. 20, 1965, 79 Stat. 994; amended Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 501; renumbered and amended Pub. L. 91–604, §§ 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, § 211, Nov. 15, 1990, 104 Stat. 2487.) Editorial Notes 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, § 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, § 101(8), 79 Stat. 994, was renumbered section 212 by Pub. L. 90–148, renum- bered 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, sub- stituting present provisions for provisions which re- lated 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, §§ 11(a)(2)(A), 15(c)(2), substituted ‘‘Administrator’’ for ‘‘Secretary’’ wherever appearing and ‘‘part’’ for ‘‘subchapter’’. Subsec. (b). Pub. L. 91–604, §§ 10(a), 15(c)(2), sub- stituted provisions authorizing the Administrator to make available to the public any records, reports, of in- formation obtained under subsec. (a) of this section, ex- cept those shown to the Administrator to be entitled to protection as trade secrets, for provisions that all in- formation reported or otherwise obtained by the Sec- retary 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.