[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: 16CFR1101.26]

[Page 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.  1101.26  Circumstances when the Commission does not provide notice 
and opportunity to comment.

    (a) Notice to the extent practicable. Section 6(b)(1) requires that 
``to the extent practicable'' the Commission must provide manufacturers 
and private labelers notice and opportunity to comment before disclosing 
information from which the public can ascertain readily their identity.
    (b) Circumstances when notice and opportunity to comment is not 
practicable. The Commission has determined that there are various 
circumstances when notice and opportunity to comment is not practicable. 
Examples include the following:
    (1) When the Commission has taken reasonable steps to assure that 
the company to which the information pertains is out of business and has 
no identifiable successor.
    (2) When the information is disclosed in testimony in response to an 
order of the court during litigation to which the Commission is not a 
party.