33 



such methods and procedures are reasonably capable 

 of being correlated with tests conducted under sec- 

 tion 1857f-5(a)(l) of this title, then— 



(1) he shall establish such methods and proce- 

 dures by regulation, and 



(2) at such time as he determines that Inspec- 

 tion facilities or equipment are available for pur- 

 poses of carrying out testing methods and 

 procedures established under paragraph (1), he 

 shall prescribe regulations which shall require 

 manufacturers to warrant the emission control de- 

 vice or system of each new motor vehicle or new 

 motor vehicle engine to which a regulation under 

 under section 1867f-l of this title applies and 

 which is manufactured In a model year beginning 

 after the Administrator first prescribes warranty 

 regulations under this paragraph (3). The war- 

 ranty under such reguiationi shall run to the 

 ultimate purchaser and each subsequent pur- 

 chaser and shall provide that if— 



(A) the vehicle or engine is maintained and 

 operated In accordance with instructions under 

 subsection (c)(3) of this section, 



(B) it falls to conform at any time during 

 lU useful life (as determined under section 

 18fi7f-l(d) of this title) to the regulations 

 prescribed under section lSS7f-l of this title, 

 and 



(C) such nonconformity results in the ulti- 

 mate purchaser (or any subsequent purchaser) 

 of such vehicle or engine having to bear any 

 penalty or other sanction (Including the denial 

 of the right to use such vehicle or engine) under 

 State or Federal law, 



then such manufacturer shall remedy such non- 

 conformity under such warranty with the cost 

 thereof to be borne by the manufacturer. 



(c) NonconrormiiiK vehicles; plan for remedying non- 

 conformity; instructions for maintenance and use. 

 Effective with respect to vehicles and engines man- 

 ufactured during model years beginning more than 

 60 days after December 31, 1970 — 



( 1 ) If the Administrator determines that a sub- 

 stantial number of any class or category of vehicles 

 or engines, although properly maintained and 

 used, do not conform to the regulations prescribed 

 under section 1857f-l of this title, when in actual 

 use throughout their useful life (as determined un- 

 der section 1857f-l(d) of this title) , he shall imme- 

 diately notify the manufacturer thereof of such 

 nonconformity, and he shall require the manufac- 

 turer to submit a plan for remedying the noncon- 

 formity of the vehicles or engines with respect to 

 which such notlflcation is given. The plan 

 shall provide that the nonconformity of any such 

 vehicles or engines which are properly used and 

 maintained will be remedied at the expense of the 

 manufacturer. If the manufacturer disagrees with 

 such determination of nonconformity and so ad- 

 vises the Administrator, the Administrator shall 

 afford the manufacturer and other interested per- 

 sons an opportunity to present their views and 

 evidence in support thereof at a public hearing. 

 Unless, as a result of such hearing the Admin- 

 istrator withdraws such determination of noncon- 



formity, he shall, within 60 days after the 

 completion of such hearing, order the manufac- 

 turer to provide prompt notlflcatlon of such non- 

 conformity In accordance with paragraph (2). 



(2) Any notification required by paragraph (1) 

 with respect to any class or category of vehicles 

 or engines shall be given to dealers, ultimate pur- 

 chasers, and subsequent purchasers (if Icnown) in 

 such manner and containing such information as 

 the Administrator may by regulation require. 



(3) The manufacturer shall furnish with each 

 new motor vehicle or motor vehicle engine such 

 written instructions for the maintenance and use 

 of the vehicle or engine by the ultimate purchaser 

 as may be reasonable and necessary to assure the 

 proper functioning of emission control devices 

 and systems. In addition, the manufacturer shall 

 indicate by meaiu of a label or tag permanently 

 affixed to such vehicle or engine that such vehicle 

 or engine is covered by a certificate of conformity 

 issued for the purpose of assuring achievement of 

 emisslont standards prescribed under section 

 lBS7f-l of this UUe. Such label or tag shall con- 

 tain such other Information relating to control of 

 motor vehicle emissions as the Administrator shall 

 prescribe by regulation, 



(d) Dealer costs borne by manufacturer. 



Any cost obligation of any dealer incurred as a 

 result of any requirement Imposed by subsection (a) , 

 (b), or (c) of this section shall be borne by the 

 manufacturer, The transfer of any such cost obli- 

 gation from a manufacturer to any dealer through 

 franchise or other agreement is prohibited, 



(e) Cost statement. 



If a manufacturer Includes In any advertisement a 

 statement respecting the cost or value of emission 

 control devices or systems, such manufacturer shall 

 set forth in such statement the cost or value attrib- 

 uted to such devices or systems by the Secretary of 

 Labor (through the Bureau of Labor Statistics) . The 

 Secretary of Labor, and his representatives, shall 

 have the same access for this purpose to the boolcs, 

 documents, papers, and records of a manufacturer as 

 the Comptroller General has to those of a recipient 

 of assistance for purposes of section 1857J of this 

 tiUe. 



(f) Inspection after sale to ultimate purchaser. 

 Any inspection of a motor vehicle or a motor 



vehicle engine for purposes of subsection (c)(1) of 

 this section, after Its sale to the ultimate purchaser, 

 shall be made only if the owner of such vehicle or 

 engine voluntarily permits such Inspection to be 

 made, except as may be provided by any State or 

 local inspection program. (July 14, 1955, ch. 360, 

 title II, { 207, as added Dec. 31, 1970, Pub. L. 91-604, 

 i8(a), 84 SUt. 1696.) 



§1857f-6. Reports, records, and information required; 

 occess to and copying records; availability to 

 public; disclosure of trade secrets. 



(a) Every manufacturer shall establish and main- 



