[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1015.17]

[Page 46]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1015--PROCEDURES FOR DISCLOSURE OR PRODUCTION OF INFORMATION UNDER THE FREEDOM OF INFORMATION ACT--Table of Contents
 
  Subpart B--Exemptions From Production and Disclosure Under 5 U.S.C. 
                                 552(b)
 
Sec. 1015.17  Internal Commission procedure for withholding exempt records.

    Paragraphs (a) and (b) of this section describe the internal 
Commission procedure to be followed for requesting that a record exempt 
from disclosure under the inter- intra-agency memorandum exemption, 5 
U.S.C. 552(b)(5), or the investigatory file exemption, 5 U.S.C. 
552(b)(7), not be disclosed.
    (a) If a bureau or office director believes that it is against the 
public interest to disclose a Commission record prepared by his/her 
bureau or office, he/she may request in writing that the Secretary 
withhold the document. The request must specify why the release would be 
against the public interest.
    (1) If the Secretary agrees to withhold the document, the requester 
shall be notified in writing of the denial and of his/her right to 
appeal in accordance with Sec. 1015.6(b).
    (2) If the Secretary decides to release the document, the bureau or 
office director shall be notified and given two working days within 
which to appeal to the Commissioners. An appeal by a bureau or office 
director shall be in writing addressed to the Chairman. If an appeal is 
taken by a bureau or office director, the Secretary will not disclose 
the document. The Commissioner's action on appeal shall be in accordance 
with Sec. 1015.7(d).
    (b) If a Commissioner believes that it is not in the public interest 
to disclose a Commission record prepared by himself/herself or by his/
her office personnel, the Commissioner shall so inform the Secretary and 
shall specify in writing why the release would be against the public 
interest. The Secretary shall notify the requester in writing of the 
denial in accordance with Sec. 1015.6(b). Any appeal by a requester 
shall be in accordance with Sec. 1015.7 except the provisions for 
reconsideration by the Secretary is not applicable. On appeal, the 
Commissioner who withheld the document shall not participate in the 
decision.

[42 FR 10490, Feb. 22, 1977, as amended at 45 FR 22023, Apr. 3, 1980]