U.S. Code » Title 42 » Chapter CHAPTER 65— NOISE CONTROL

42 U.S.C. § 4912

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(a) Duties of manufacturers of productsEach manufacturer of a product to which regulations under section 4905 or 4907 of this title apply shall—(1) establish and maintain such records, make such reports, provide such information, and make such tests, as the Administrator may reasonably require to enable him to determine whether such manufacturer has acted or is acting in compliance with this chapter,(2) upon request of an officer or employee duly designated by the Administrator, permit such officer or employee at reasonable times to have access to such information and the results of such tests and to copy such records, and(3) to the extent required by regulations of the Administrator, make products coming off the assembly line or otherwise in the hands of the manufacturer available for testing by the Administrator.(b) Confidential information; disclosure(1) All information obtained by the Administrator or his representatives pursuant to subsection (a) of this section, which information contains or relates to a trade secret or other matter referred to in section 1905 of title 18, shall be considered confidential for the purpose of that section, except that such information may be disclosed to other Federal officers or employees, in whose possession it shall remain confidential, or when relevant to the matter in controversy in any proceeding under this chapter.(2) Nothing in this subsection shall authorize the withholding of information by the Administrator, or by any officers or employees under his control, from the duly authorized committees of the Congress.(c) Violations and penalties

Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter, shall upon conviction be punished by a fine of not more than $10,000, or by imprisonment for not more than six months, or by both.

(Pub. L. 92–574, § 13, Oct. 27, 1972, 86 Stat. 1244.)
Notes of Decisions
Cited in 6 cases, 1979–1997 · leading case: United States v. Wells, 519 U.S. 482 (1997).
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United States v. Wells, 519 U.S. 482 (1997). · cites it 2× “§ 3220 ([penalizing] false statement to obtain financial assistance or defraud Secretary of Department of Health and Human Services); 42 U. S. C. § 4912 (c) (penalizing false statement in documents filed pursuant to chapter's noise control requirements); 43 U.”
United States v. Michael E. Gaudin, 28 F.3d 943 (9th Cir. 1994). “§ 3220 (penwing false statement to obtain financial assistance or defraud Secretary of Department of Health and Human Services); 42 U.S.C. § 4912 (c) (penalizing false statement in documents filed pursuant to chapter’s noise control requirements); 43 U.”
Worthington Compressors, Inc. v. Costle, 662 F.2d 45 (D.C. Cir. 1981). “In such a case, the issues would be raised whether the Trade Secrets Act also applied and, if so, whether disclosure was authorized by law within the meaning of § 1905.”
Atlas Copco, Inc. v. Env't Prot. Agency, 642 F.2d 458 (D.C. Cir. 1980). · cites it 3× “The monitoring and inspection regulations, cited supra notes 11, 12, were promulgated pursuant to § 13 of the Act, 42 U.S.C. § 4912 (1976). Some enforcement regulations, 40 C.”
Chrysler Corp. v. Env't Prot. Agency, 600 F.2d 904 (D.C. Cir. 1979). “§ 13(a)(3), 42 U.S.C. § 4912 (a)(3) (1976) (no time limit on promulgation of regulations respecting availability of products for testing).”
Atlas Copco, Inc. v. Env't Prot. Agency, 206 U.S. App. D.C. 53 (D.C. Cir. 1979). · cites it 3× “The monitoring and inspection regulations, cited supra notes 11, 12, were promulgated pursuant to § 13 of the Act, 42 U.S.C. § 4912 (1976). Some enforcement regulations, 40 C.”
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