42 U.S.C. § 5406: Submission of cost or other…

Summary

When a manufacturer objects to an action by the Secretary because of higher costs or other reasons, the manufacturer must give the Secretary the cost and other details the Secretary asks for. The Secretary will send that information to the consensus committee for review. The information is public unless the manufacturer proves it’s a trade secret or that sharing it would cause a substantial competitive disadvantage. The Secretary will announce availability in the Federal Register. If part must be kept confidential, it can only be released in a way that protects the secret or in a combined/summary form that hides the maker’s identity, though it may be shown to agency staff, used in proceedings under this chapter, or given to congressional committees. “Cost information” means data about claimed cost increases, provided so the public, the consensus committee, and the Secretary can judge the claim. It includes both the manufacturer’s costs and costs to retail purchasers. The Secretary’s other powers to get information under this chapter are not limited.

Title 42, §5406

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Purpose of submission; detail of information

Whenever any manufacturer is opposed to any action of the Secretary under section 5403 of this title or under any other provision of this chapter on the grounds of increased cost or for other reasons, the manufacturer shall submit to the Secretary such cost and other information (in such detail as the Secretary may by rule or order prescribe) as may be necessary in order to properly evaluate the manufacturer’s statement. The Secretary shall submit such cost and other information to the consensus committee for evaluation.

(b)Conditions upon availability to public of submitted information

Such information shall be available to the public unless the manufacturer establishes that it contains a trade secret or that disclosure of any portion of such information would put the manufacturer at a substantial competitive disadvantage. Notice of the availability of such information shall be published promptly in the Federal Register. If the Secretary determines that any portion of such information contains a trade secret or that the disclosure of any portion of such information would put the manufacturer at a substantial competitive disadvantage, such portion may be disclosed to the public only in such manner as to preserve the confidentiality of such trade secret or in such combined or summary form so as not to disclose the identity of any individual manufacturer, except that any such information may be disclosed to other officers or employees concerned with carrying out this chapter or when relevant in any proceeding under this chapter. Nothing in this subsection shall authorize the withholding of information by the Secretary or any officer or employee under his control from the duly authorized committees of the Congress.

(c)“Cost information” defined

For purposes of this section, “cost information” means information with respect to alleged cost increases resulting from action by the Secretary, in such a form as to permit the public, the consensus committee, and the Secretary to make an informed judgment on the validity of the manufacturer’s statements. Such term includes both the manufacturer’s cost and the cost to retail purchasers.

(d)Power of Secretary to obtain or require submission of information under other provisions unaffected

Nothing in this section shall be construed to restrict the authority of the Secretary to obtain or require submission of information under any other provision of this chapter.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2000—Subsec. (a). Pub. L. 106–569, § 606(1), inserted “to the Secretary” after “manufacturer shall submit” and inserted at end “The Secretary shall submit such cost and other information to the consensus committee for evaluation.” Subsec. (c). Pub. L. 106–569, § 606(3), redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: “If the Secretary proposes to establish, amend, or revoke a Federal manufactured home

Construction

and safety standard under section 5403 of this title on the basis of information submitted pursuant to subsection (a) of this section, he shall publish a notice of such proposed action, together with the reasons therefor, in the Federal Register at least thirty days in advance of making a final determination, in order to allow interested parties an opportunity to comment.” Subsec. (d). Pub. L. 106–569, § 606(3), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c). Pub. L. 106–569, § 606(2), inserted “, the consensus committee,” after “permit the public”. Subsec. (e). Pub. L. 106–569, § 606(3), redesignated subsec. (e) as (d). 1980—Subsec. (c). Pub. L. 96–399 substituted “manufactured home” for “mobile home”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2000 AmendmentAmendment by Pub. L. 106–569 effective Dec. 27, 2000, except that amendment has no effect on any order or interpretative bulletin issued under this chapter and published as a proposed rule pursuant to 5 U.S.C. 553 on or before Dec. 27, 2000, see section 612 of Pub. L. 106–569, set out as a note under section 5401 of this title.

Effective Date

Section effective upon the expiration of 180 days following Aug. 22, 1974, see section 627 of Pub. L. 93–383, set out as a note under section 5401 of this title.

§5406 Submission of Cost or Other Information by Manufacturer

Summary

Title 42, §5406

Notes & Related Subsidiaries

Editorial Notes

Amendments

Construction

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

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