[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: 16CFR1101.21]

[Page 145-146]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1101--INFORMATION DISCLOSURE UNDER SECTION 6(b) OF THE CONSUMER PRODUCT SAFETY ACT--Table of Contents
 
  Subpart C--Procedure for Providing Notice and Opportunity To Comment 
                          Under Section 6(b)(1)
 
Sec. 1101.21  Form of notice and opportunity to comment.


    (a) Notice may be oral or written. The Commission will generally 
provide to manufacturers or private labelers written notice and 
opportunity to comment on information subject to section 6(b)(1). 
However, when the Commission makes a public health and safety finding 
pursuant to section 6(b)(1) of the CPSA, the Commission may determine 
that it is necessary to provide the notice and opportunity to comment 
orally, either in person or by telephone.
    (b) Content of notice. The Commission will provide the manufacturer 
or private labeler with:
    (1) Either the actual text of the information to be disclosed or, if 
appropriate, a summary of the information.
    (2) A general description of the manner in which the Commission will 
disclose the information, including any other relevant information the 
Commission intends to include with the disclosure. If the Commission 
advises that the form of disclosure will be by press

[[Page 146]]

release, for example, the Commission need not provide further notice to 
disclose a summary of the press release.
    (3) A request for comment with respect to the information, including 
a request for explanatory data or other relevant information for the 
Commission's consideration.
    (4) A statement that, in the absence of a specific request by a firm 
that its comments be withheld from disclosure, the Commission will 
release to the public the firm's comments (or a summary thereof prepared 
by the firm or, if the firm declines to do so, by the Commission).
    (5) A statement that a request that comments be withheld from 
disclosure will be honored.
    (6) Notice that the firm may request confidential treatment for the 
information, in accordance with section 6(a)(3) of the Consumer Product 
Safety Act, 15 U.S.C. 2055(a)(3) (see Sec. 1101.24(b)).
    (7) A statement that no further request for comment will be sought 
by the Commission if it intends to disclose the identical information in 
the same format, unless the firm specifically requests the opportunity 
to comment on subsequent information disclosures.
    (8) The name, address, and telephone number of the person to whom 
comments should be sent and the time when any comments are due (see 
Sec. 1101.22).