42 U.S.C. § 7542

Information collection

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 42 CasesGoogle Scholar

(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 authorityFor 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. 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, § 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 NotesCodification

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, 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, §§ 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), 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.

Notes of Decisions

Cited in 10 cases (3 in the last 5 years), 1982–2024 · leading case: United States v. Stauffer Chem. Co., 684 F.2d 1174 (6th Cir. 1982).

Sort: Relevance Newest Treatment

United States v. Stauffer Chem. Co., 684 F.2d 1174 (6th Cir. 1982). · cites it 3× “Section 208(a), 42 U.S.C. § 7542 (a), requires motor vehicle manufacturers to maintain records and provides in part: *1186 At the time the 1970 Clean Air Amendments were enacted, there was an existing section 207(a) of the Act, former 42 U.”

Ethyl Corp. v. Env't Prot. Agency, 306 F.3d 1144 (D.C. Cir. 2002). “” 42 U.S.C. § 7542 (c). Especially given this available remedy, it seems to us a complete non sequitur to suggest that because a procedure (the rulemaking mandated by § 206(d)) may involve some pro-tectable CBI, the entire procedure should be short-circuited and replaced with a…”

United States v. Midwest Suspension & Brake, 824 F. Supp. 713 (E.D. Mich. 1993). · cites it 2× “(3) The civil penalties prescribed under sections 205(a) and 211(d)(1) of the Clean Air Act, as amended by this Act [ 42 U.S.C. §§ 7542 (a) and 7545(d)(1) (West Supp.”

Motor & Equip. Mfrs. Ass'n v. Nichols, 142 F.3d 449 (D.C. Cir. 1998). “” CAA § 209(b)(1), (2), 42 U.S.C. § 7542 (b)(1), (2). Conceivably this requirement could lead the EPA to examine the state’s application in light of section 202(m) in addition to the other substantive requirements of the Clean Air Act.”

Am. Auto. Mfrs. Ass'n v. Cahill, 973 F. Supp. 288 (N.D.N.Y. 1997). “33 (1967); see also 42 U.S.C. § 7542 (b), CAA § 209(b)). In 1970, sweeping revisions were made to the Act and national ambient air quality standards (“NAAQS”) were created.”

Am. Auto. Mfrs. Ass'n v. Comm'r, Massachusetts Dep't of Env't Prot., 998 F. Supp. 10 (D. Mass. 1997). “” CAA § 209(b), 42 U.S.C. § 7542 (b)(1). In enacting this provision, Congress simply directed the EPA to ensure that the California standards meet -this requirement.”

United States v. EZ Lynk, SEZC (S.D.N.Y. 2024). · cites it 6× “See 42 U.S.C. § 7542 (a). Defendants again invoke Section 230, but immunity from liability is not immunity from investigation.”

United States v. Diesel Spec Inc. (N.D. Ohio 2024). · cites it 4× “42 U.S.C. § 7542 (a); 40 C.F.R. § 19.4 . Pleading Requirements Though Defendant briefly argues the Complaint alleges the elements of its claims “in conclusory fashion” with “no facts explaining exactly how Diesel Spec knew its products were intended to be used by the independent…”

United States v. Rudy's Performance Parts, Inc. (M.D.N.C. 2023). · cites it 2× “42 U.S.C. § 7542 (a) (emphasis added.) By its terms, this provision thus covers “manufacturers”4 and “other persons subject to the 4 The CAA contains two definitions of manufacturers: one for motor vehicle and engine manufacturers, and one for parts manufacturers.”

United States v. JBA Motorcars, Inc., 839 F. Supp. 1572 (S.D. Fla. 1993). “42 U.S.C. § 7542 (a). The records currently required by the EPA include, inter alia, the following: (a) a record of having affixed the proper emission and fuel economy labels to the vehicle; (b) documents providing evidence of the date of original manufacture of the vehicle;…”

— 42 U.S.C. § 7542(a) — 1 case

United States v. Diesel Spec Inc. (N.D. Ohio 2024). “42 U.S.C. § 7542 (a); 40 C.F.R. § 19.4 . Pleading Requirements Though Defendant briefly argues the Complaint alleges the elements of its claims “in conclusory fashion” with “no facts explaining exactly how Diesel Spec knew its products were intended to be used by the independent…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.