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U.S. Code as of:
01/19/04
Section 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.
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