[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: 16CFR1101.42]

[Page 151-152]
 
                     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 E--Statutory Exceptions of Section 6(b)(4)
 
Sec.  1101.42  Imminent hazard exception.

    (a) Statutory provision. Section 6(b)(4)(A) provides that the 
requirements of section 6(b)(1) do not apply to public disclosure of 
``information about any consumer product with respect to which product 
the Commission has filed an action under section 12 (relating to 
imminently hazardous products).''
    (b) Scope of exception. This exception applies once the Commission 
has filed an action under section 12 of the CPSA (15 U.S.C. 2061), in a 
United States district court. Once the exception applies, information 
may be disclosed to the public while the proceeding is pending without 
following the requirements of section 6(b)(1) if the information 
concerns or relates to the product alleged to be imminently hazardous. 
Upon termination of the proceeding, information filed with the court or 
otherwise made public is not subject to section 6(b). Information in the 
Commission's

[[Page 152]]

possession which has not been made public is subject to section 6(b).