[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: 16CFR1101.25]

[Page 147-148]
 
                     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.  1101.25  Notice of intent to disclose.

    (a) Notice to manufacturer or private labeler. In accordance with 
section 6(b)(2) of the CPSA, if the Commission, after following the 
notice provisions of section 6(b)(1), determines that information 
claimed to be inaccurate by a manufacturer or private labeler in 
comments submitted under section 6(b)(1) should be disclosed because the 
Commission believes it has complied with section 6(b)(1), the Commission

[[Page 148]]

shall notify the manufacturer or private labeler that it intends to 
disclose the information not less than 10 working days after the date of 
the receipt of notification by the firm. The notice of intent to 
disclose will include an explanation of the reason for the Commission's 
decision, copies of any additional materials, such as explanatory 
statements and letters to Freedom of Information Act requesters, which 
were not previously sent to the firm.
    (b) Commission finding a lesser period is required. The Commission 
may determine that the public health and safety requires less than 10 
working days advance notice of its intent to disclose information 
claimed to be inaccurate. For example, the Commission may determine it 
is necessary to warn the public quickly because individuals may be in 
danger from a product hazard or a potential hazard, or to correct 
product safety information released by third persons, which 
mischaracterized statements made by the Commission about the product or 
which attributes to the Commission statements about the product which 
the Commission did not make.
    (c) Notice of findings. The Commission will inform a manufacturer or 
private labeler of a product which is the subject of a public health and 
safety finding that the public health and safety requires less than 10 
days advance notice either orally or in writing, depending on the 
immediacy of the need for quick action; and the Commission will publish 
the finding in the Federal Register. Firms will be notified in advance 
of the date and time, if possible, at which the Commission intends to 
disclose the information. Disclosure may be concurrently with the filing 
of the Federal Register notice and need not await its publication. The 
Federal Register notice prepared under section 6(b)(2) may be submitted 
simultaneously with or after a Federal Register notice prepared under 
section 6(b)(1) (see Sec.  1101.23(c)).