[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: 16CFR1101.33]

[Page 150]
 
                     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. 1101.33  Reasonable steps to assure information release is fair in the circumstances.

    (a) The steps set forth below are the steps the Commission has 
determined are reasonable to take to assure disclosure of information to 
the public is fair in the circumstances:
    (1) The Commission will accompany information disclosed to the 
public with the manufacturer's or private labeler's comments unless the 
manufacturer or private labeler asks in its section 6(b) comments that 
its comments or a designated portion thereof not accompany the 
information.
    (2) The Commission generally will accompany the disclosure of 
information with an explanatory statement that makes the nature of the 
information disclosed clear to the public. The Commission will also take 
reasonable steps to disclose any other relevant information it its 
possession that will assure disclosure is fair in the circumstances.
    (3) The Commission will limit the form of disclosure to that which 
it considers appropriate in the circumstances. For example, the 
Commission may determine it is not appropriate to issue a nationwide 
press release in a particular situation and rather will issue a press 
release directed at certain localities, regions, or user populations.
    (4) The Commission may delay disclosure of information in some 
circumstances. For example, the Commission may elect to postpone an 
information release until an investigation, analysis or test of a 
product is complete, rather than releasing information piecemeal.
    (b) The Commission will not disclose information when it determines 
that disclosure would not be fair in the circumstances. The following 
are examples of disclosures which generally would not be fair in the 
circumstances.
    (1) Disclosure of information furnished by a firm to facilitate 
prompt remedial action or settlement of a case when the firm has a 
reasonable expectation that the information will be maintained by the 
Commission in concidence.
    (2) Disclosure of notes or minutes of meetings to discuss or 
negotiate settlement agreements and of drafts of documents prepared 
during settlement negotiations, where the firm has a reasonable 
expectation that such written materials will be maintained by the 
Commission in confidence.
    (3) Disclosure of the work-product of attorneys employed by a firm 
and information subject to an attorney/client privilege, if the 
Commission has obtained the information from the client or the attorney, 
the attorney or client advises the Commission of the confidential nature 
of the information at the time it is submitted to the Commission, and 
the information has been maintained in confidence by the client and the 
attorney.
    (4) Disclosure of a firm's comments (or a portion thereof) submitted 
under section 6(b)(1) over the firm's objection.

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