[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1015.1]

[Page 37-38]
 
                     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 A--Production or Disclosure Under 5 U.S.C. 552(a)
 
Sec.  1015.1  Purpose and scope.


    (a) The regulations of this subpart provide information concerning 
the procedures by which Consumer Product Safety Commission records may 
be made available for inspection and the procedures for obtaining copies 
of records from the Consumer Product Safety Commission. Official records 
of the Consumer Product Safety Commission consist of all documentary 
material maintained by the Commission in any format, including an 
electronic format. These records include those maintained in connection 
with the Commission's responsibilities and functions under the Consumer 
Product Safety Act, as well as those responsibilities and functions 
transferred to the Commission under the Federal Hazardous Substances 
Act, Poison Prevention Packaging Act of 1970, Refrigerator Safety Act, 
and Flammable Fabrics Act, and those maintained under any other 
authorized activity. Official records do not, however, include objects 
or articles such as tangible exhibits, samples, models, equipment, or 
other items of valuable property; books, magazines, or other reference 
material; or documents routinely distributed by the Commission in the 
normal course of business such as copies of Federal Register notices, 
pamphlets, and laws. Official records include only existing records. 
Official records of the Commission made available under the requirements 
of the Freedom of Information Act (5 U.S.C. 552) shall be furnished to 
the public as prescribed by this part 1015. A request by an individual 
for records about himself or herself that are contained in the 
Commission's system of records under the Privacy Act (5 U.S.C. 552a) 
will be processed under the Privacy Act. A request by a third party for 
records that are contained in the Commission's system of records under 
the Privacy Act will be processed administratively under these 
regulations with respect to the time limits and appeals rights 
(Sec. Sec.  1015.5 and 1015.7), but substantively under the applicable 
provisions of first the Freedom of Information Act and then the Privacy 
Act. Documents routinely distributed to the public in the normal course 
of business will continue to be furnished to the public by employees of 
the Commission informally and without compliance with the procedures 
prescribed herein.
    (b) The Commission's policy with respect to requests for records is 
that disclosure is the rule and withholding is the exception. All 
records not exempt from disclosure will be made available. Moreover, 
records which may be exempted from disclosure will be made available as 
a matter of discretion when disclosure is not prohibited by law or is 
not against the public interest. See, Sec.  1015.15(b). Section 6(a)(2) 
of the Consumer Product Safety Act, 15 U.S.C. 2055(a)(2), prohibits the 
disclosure of trade secrets or other matters referred to in 18 U.S.C. 
1905.

[[Page 38]]

    (c) The Attorney General's Memorandum on the 1974 Amendments to the 
Freedom of Information Act published in February, 1975 is available from 
the Superintendent of Documents and may be consulted in considering 
questions arising under the Freedom of Information Act.

[42 FR 10490, Feb. 22, 1997, as amended at 62 FR 46196, Sept. 2, 1997]