[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: 16CFR1101.24]

[Page 147]
 
                     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.  1101.24  Scope of comments Commission seeks.

    (a) Comment in regard to the information. The section 6(b) 
opportunity to comment on information is intended to permit firms to 
furnish information and data to the Commission to assist the agency in 
its evaluation of the accuracy of the information. A firm's submission, 
therefore, must be specific and should be accompanied by documentation, 
where available, if the comments are to assist the Commission in its 
evaluation of the information. Comments of a general nature, such as 
general suggestions or allegations that a document is inaccurate or that 
the Commission has not taken reasonable steps to assure accuracy, are 
not sufficient to assist the Commission in its evaluation of the 
information or to justify a claim of inaccuracy. The weight accorded a 
firm's comments on the accuracy of information and the degree of 
scrutiny which the Commission will exercise in evaluating the 
information will depend on the specificity and completeness of the 
firm's comments and of the accompanying documentation. In general, 
specific comments which are accompanied by documentation will be given 
more weight than those which are undocumented and general in nature.
    (b) Claims of confidentiality. If the manufacturer or private 
labeler believes the information involved cannot be disclosed because of 
section 6(a)(2) of the CPSA (15 U.S.C. 2055(a)(2)), which pertains to 
trade secret or other confidential material, the firm may make claims of 
confidentiality at the time it submits its comments to the Commission 
under this section. Such claims must identify the specific information 
which the firm believes to be confidential or trade secret material and 
must state with specificity the grounds on which the firm bases it 
claims. (See Commission's Freedom of Information Act regulation, 16 CFR 
part 1015, particularly 16 CFR 1015.18.)
    (c) Requests for nondisclosure of comments. If a firm objects to 
disclosure of its comments or a portion thereof, it must notify the 
Commission at the time it submits its comments. If the firm objects to 
the disclosure of a portion of its comments, it must identify those 
portions which should be withheld.