[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: 16CFR1101.71]

[Page 155-156]
 
                     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 H--Delegation of Authority to Information Group
 
Sec.  1101.71  Delegation of authority.


    (a) Delegation. Pursuant to section 27(b)(9) of the CPSA 15 U.S.C. 
2076(b)(9) the Commission delegates to the General Counsel or his or her 
senior staff designees, the authority to render all decisions under this 
part concerning the release of information subject to section 6(b) when 
firms have furnished section 6(b) comment except as provided in 
paragraph (b). The Commission also delegates to the Secretary of the 
Commission, or his or her senior staff designee, authority to make all 
decisions under this part concerning the release of information under 
section 6(b) when firms have failed to furnish section 6(b) comment or 
have consented to disclosure except as provided in paragraph (b) of this 
section. The General Counsel shall have authority to establish an 
Information Group composed of the General Counsel and the Secretary of 
the Commission or their designees who shall be senior staff members.
    (b) Findings not deleted. The Commission does not delegate its 
authority--
    (1) To find, pursuant to section 6(b)(1) and Sec.  1101.23(b) of 
this part, that the public health and safety requires less than 30 days 
advance notice of proposed disclosures of information.

[[Page 156]]

    (2) To find, pursuant to section 6(b)(2) and Sec.  1101.25(b) of 
this part, that the public health and safety requires less than ten (10) 
days advance notice of its intent to disclose information claimed to be 
inaccurate;
    (3) To decide whether it should take reasonable steps to publish a 
retraction of information in accordance with section 6(b)(7) and Sec.  
1101.52 of this part.
    (c) Final agency action; Commission decision. A decision of the 
General Counsel or the Secretary or their designees shall be a final 
agency decision and shall not be appealable as of right to the 
Commission. However, the General Counsel or the Secretary may in his or 
her discretion refer an issue to the Commission for decision.