42 U.S.C. § 4912 — Records, reports, and information
submitted 54 years ago by Pub. L. 92-574 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 330 words · no verdicts yet
Manufacturers covered by certain noise regulations must keep records, report, provide information, permit access, and make products available for testing. This section protects qualifying confidential information, preserves congressional access, and penalizes false filings and tampering with monitoring devices.
(a) Duties of manufacturers. Each manufacturer* of a product* covered by regulations under section 4905 or 4907 must: (1) establish and keep records, make reports, provide information, and conduct tests that the Administrator* may reasonably require to determine whether the manufacturer has complied or is complying with this chapter; (2) when an officer or employee properly designated by the Administrator asks, allow that officer or employee at reasonable times to access the information and test results and copy the records; and (3) to the extent the Administrator’s regulations require, make products coming from the assembly line or otherwise in the manufacturer’s possession available for the Administrator to test.
(b) Confidential information; disclosure. (1) Information the Administrator or representatives obtain under subsection (a) that contains or concerns a trade secret or another matter covered by section 1905 of title 18 must be treated as confidential for purposes of that section. It may be disclosed to other federal officers or employees, who must keep it confidential, or when it is relevant to the disputed matter in a proceeding under this chapter. (2) This subsection does not authorize the Administrator or officers or employees under the Administrator’s control to withhold information from duly authorized congressional committees.
(c) Violations and penalties. A person* who knowingly makes a false statement, representation, or certification in an application, record, report, plan, or other document filed or required to be kept under this chapter, or who falsifies, tampers with, or knowingly makes inaccurate a monitoring device or method required to be kept under this chapter, upon conviction may be fined not more than $10,000, imprisoned not more than six months, or both.
Each manufacturer* of a product* to which regulations under section 4905 or 4907 of this title apply shall—
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,
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
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.
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.
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.
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.
Source credit: (Pub. L. 92–574, § 13, Oct. 27, 1972, 86 Stat. 1244.)
- 1972Enacted · Pub. L. 92-574 · 86 Stat. 1244
A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-574 on 1972-10-27.
all 0 arguments · sorted by: best
no arguments yet — make the first case