[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: 16CFR1101.31]

[Page 148-149]
 
                     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 D--Reasonable Steps Commission Will Take To Assure Information
 
Sec. 1101.31  General requirements.

      It Discloses Is Accurate, and That Disclosure Is Fair in the 
Circumstances and Reasonably Related to Effectuating the Purposes of the 
                           Acts it Administers


    (a) Timing of decisions. The Commission will attempt to make its 
decision on disclosure so that it can disclose information in accordance 
with section 6(b) as soon as is reasonably possible after expiration of 
the statutory thirty day moratorium on disclosure.
    (b) Inclusion of comments. In disclosing any information under this 
section, the Commission will include any comments or other information 
submitted by the manufacturer or private labeler unless the manufacturer 
or private labeler at the time it submits its section 6(b) comments 
specifically requests the Commission not to include the comments or to 
include only a designated portion of the comments and disclosure of the 
comments on such a designated portion is not necessary to assure that 
the disclosure of the information which is the subject of the comments 
is fair in the circumstances.

[[Page 149]]

    (c) Explanatory statements. Where appropriate, the Commission will 
accompany the disclosure of information subject to this subpart with an 
explanatory statement that makes the nature of the information disclosed 
clear to the public. Inclusion of an explanatory statement is in 
addition to, and not a substitute for, taking reasonable steps to assure 
the accuracy of information. To the extent it is practical the 
Commission will also accompany the disclosure with any other relevant 
information in its possession that places the released information in 
context.
    (d) Information previously disclosed. If the Commission has 
previously disclosed, in accordance with section 6(b)(1), the identical 
information it intends to disclose again in the same format, it will not 
customarily take any additional steps to assure accuracy unless the 
Commission has some reason to question its accuracy or unless the firm, 
in its comments responding to the Commission's initial section 6(b) 
notice, specifically requests the opportunity to comment on subsequent 
disclosures, or unless the Commission determines that sufficient time 
has passed to warrant seeking section 6(b) comment again. Before 
disclosing the information the Commission will again review the 
information to see if accuracy is called into question and will further 
look to whether disclosure is fair in the circumstances and reasonably 
related to effectuating the purposes of the Acts the Commission 
administers.