[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: 16CFR1101.46]

[Page 153]
 
                     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.  1101.46  Other administrative or judicial proceeding exception.

    (a) Statutory provision. Section 6(b)(4)(B) provides that the 
requirements of section 6(b)(1) do not apply to public disclosure of 
``information in the course of or concerning any * * * other 
administrative or judicial proceeding under this Act.''
    (b) Scope of exception. This exception applies to an administrative 
or judicial proceeding, other than a rulemaking or administrative 
adjudicatory proceeding, under the CPSA, FHSA, FFA, or PPPA. Proceedings 
within this exception include:
    (1) A proceeding to act on a petition to start a rulemaking 
proceeding. This proceeding begins with the filing of a petition and 
ends when the petition is denied or, if granted, when the rulemaking 
proceeding begins. Information subject to the exception for petition 
proceedings is the petition itself and the supporting documentation, and 
information subsequently compiled by the staff and incorporated or 
referenced in the staff briefing papers for and recommendation to the 
Commission.
    (2) A proceeding to act on a request for exemption from a rule or 
regulation. This proceeding begins with the filing of a request for 
exemption and ends when the request is denied or, if granted, when the 
Commission takes the first step to implement the exemption, e.g., when 
an amendment to the rule or regulation is proposed.
    (3) A proceeding to issue a subpoena or general or special order. 
This proceeding begins with a staff request to the Commission to issue a 
subpoena or general or special order and ends once the request is 
granted or denied.
    (4) A proceeding to act on a motion to quash or to limit a subpoena 
or general or special order. This proceeding begins with the filing with 
the Commission of a motion to quash or to limit and ends when the motion 
is granted or denied.
    (5) Any judicial proceeding to which the Commission is a party. This 
proceeding begins when a complaint is filed and ends when a final 
decision (including appeal) is rendered with respect to the Commission.
    (6) Any administrative proceeding to which the Commission is a 
party, such as an administrative proceeding before the Merit Systems 
Protection Board or the Federal Labor Relations Authority. This 
proceeding begins and ends in accordance with the applicable regulations 
or procedures of the administrative body before which the proceeding is 
heard.
    (7) A proceeding to obtain a retraction from the Commission pursuant 
to subpart F of these rules. This proceeding begins with the filing with 
the Secretary of the Commission of a request for retraction and ends 
when the request is denied or, if granted, when the information is 
retracted.
    (c) In the course of or concerning. The phrase ``in the course of or 
concerning'' shall have the same meaning as set forth in either Sec.  
1101.44 (c) and (d) or Sec.  1101.45 (c) and (d), whichever is 
applicable.