32 



date of such notification (or manufactured before 

 such date If still In the hands of the manufacturer) , 

 and shall apply until such time as the Administrator 

 finds that vehicles and engines manufactured by the 

 manufacturer do conform to such regulations. If, 

 during any period of suspension or revocation, the 

 Administrator finds that a vehicle or engine actually 

 conforms to such regulations, he shall Issue a certifi- 

 cate of conformity applicable to such vehicle or 

 engine. 



(11) If, based on tests conducted under paragraph 

 (1) on any new vehicle or engine, the Administrator 

 determines that such vehicle or engine does not 

 conform with such regulations, he may suspend or 

 revoke such certificate Insofar as It applies to such 

 vehicle or engine until such time as he finds such 

 vehicle or engine actually so conforms with such 

 regulations, and he shall so notify the manufacturer. 



(B) (1) At the request of any maufacturer the Ad- 

 ministrator shall grant such manufacturer a hearing 

 as to whether the tests have been properly conducted 

 or any sampling methods have been properly ap- 

 plied, and make a determination on the record with 

 respect to any suspension or revocation under sub- 

 paragraph (A) ; but suspension or revocation under 

 subparagraph (A) shall not be stayed by reason of 

 such hearing. 



(11) In any case of actual controversy as to the 

 validity of any determination under clause (1), the 

 manufacturer may at any time prior to the 60th day 

 after such determination Is made file a petition with 

 the United States court of appeals for the circuit 

 wherein such manufacturer resides or has his prin- 

 cipal place of business for a Judicial review of such 

 determination. A copy of the petition shall be forth- 

 with transmitted by the clerk of the court to the 

 Administrator or other officer designated by him for 

 that purpose. The Administrator thereupon shall file 

 in the court the record of the proceedings on which 

 the Administrator based his determination, as pro- 

 vided in section 2112 of Title 28. 



(Hi) If the petitioner applies to the court for leave 

 to adduce additional evidence, and shows to the 

 satisfaction of the court that such additional evi- 

 dence is material and that there were reasonable 

 grounds for the failure to adduce such evidence in 

 the proceeding before the Administrator, the court 

 may order such additional evidence (and evidence in 

 rebuttal thereof) to be taken before the Adminis- 

 trator, In such manner and upon such terms and 

 conditions as the court may deem proper. The Ad- 

 ministrator may modify his findings as to the facts, 

 or make new findings, by reason of the additional 

 evidence so taken and he shall file such modified or 

 new findings, and his recommendation, if any, for 

 the modification or setting aside of his original de- 

 termination, with the return of such additional 

 evidence. 



(iv) Upon the filing of the petition referred to in 

 clause (ii), the court shall have jurisdiction to re- 

 view the order in accordance with chapter 7 of Title 

 5 and to grant appropriate relief as provided in such 

 chapter. 



(c) Inspection. 



For purposes of enforcement of this section, offi- 

 cers or employees duly designated by the Adminis- 

 trator, upon presenting appropriate credentials to 

 the manufacturer or person In charge, are author- 

 ized (1) to enter, at reasonable times, any plant or 

 other establishment of such manufacturer, for the 

 purpose of conducting tests of vehicles or engines 

 in the hands of the manufacturer, or (2) to Inspect 

 at reasonable times, records, files, papers, processes, 

 controls, and facilities used by such manufacturer 

 In conducting tests under regulations of the Admin- 

 istrator. Each such inspection shall be commenced 

 and completed with reasonable promptness. 



(d) Rules and regulations.- 



The Administrator shall by regulation establish 

 methods and procedures for making tests under this 

 section. 



(e) Publication of test results. 



The Administrator shall announce in the Federal 

 Register and make available to the public the results 

 of his tests of any motor vehicle or motor vehicle 

 engine submitted by a manufacturer under sub- 

 section (a) of this section as promptly as possible 

 after December 31, 1970, and at the begliming of 

 each model year which begins thereafter. Such re- 

 sults shall be described in such nontechnical manner 

 as will reasonably disclose to prospective ultimate 

 purchasers of new motor vehicles and new motor 

 vehicle engines the comparative performance of the 

 vehicles and engines tested in meeting the standards 

 prescribed under section 1857f-l of this title. (July 

 14, 1955, ch. 360, tlUe n, i 206, as added Dec. 31. 

 1970, Pub. L. 91-604, i8(a), 84 Stat. 1694.) 



§ 1857f-5a. Compliance by vehicles and engines in 

 actual use. 



(a) Warranty. 



Effective with respect to vehlclea and engines 

 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 purchaser that such vehicle or en- 

 gine is (1) designed, built, and equipped so as to 

 conform at the time of sale with applicable regula- 

 tions under section 1857f-l of this title, and (2) 

 free from defects in materials and workmanship 

 which cause such vehicle or engine to fail to conform 

 with applicable regulations for its useful life (aa 

 determined under section 1857f-l(d) of this title). 



(b) Testing methods and procedures. 



If the Administrator determines that (1) there are 

 available testing methods and procedures to ascer- 

 tain whether, when in actual use throughout its 

 useful life (as determined under section 1857f-l(d) 

 of this title), each vehicle and engine to which reg- 

 ulations under section 1857f-l of this title apply 

 complies with the emission standards of such regu- 

 lations, (11) such methods and procedures are in 

 accordance with good engineering practices, and (ill) 



