[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1013.6]

[Page 29-30]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1013_GOVERNMENT IN THE SUNSHINE ACT, RULES FOR COMMISSION 
MEETINGS--Table of Contents
 
Sec.  1013.6  Public availability of transcripts, recordings and minutes 
of Commission meetings.

    (a) Availability of transcripts, recordings or minutes. The Agency 
shall make available to the public the transcript, recording or minutes 
of Commission meetings. However, unless the Commission finds that the 
public interest requires otherwise, any portion of the transcript, 
recording or minutes of a closed Commission meeting which is determined 
to contain information which may properly be withheld from the public on 
the basis of paragraphs (b) (1) through (10) of Sec.  1013.4 need not be 
made available to the public.
    (b) Procedures for making available transcripts, recordings or 
meeting minutes. Meeting records will be made available for inspection, 
or copies will be furnished, as requested, in accordance with the 
following procedures.
    (1) Requests. Requests for inspection or copies shall be in writing 
addressed to the Secretary, Consumer Product Safety Commission, 
Washington, D.C. 20207. A request must reasonably describe the 
Commission meeting, or portion thereof, including the date and

[[Page 30]]

subject matter or any other information which may help to identify the 
requested material.
    (2) Responses to requests. The responsibility for responding to 
requests for meeting records is vested in the Secretary of the 
Commission. In any case where the Secretary or his or her designee, in 
his or her discretion, determines that a request for an identifiable 
meeting record should be initially determined by the Commission, the 
Secretary or his or her designee may certify the matter to the 
Commission for decision. In that event, the Commission decision shall be 
made within the time limits set forth in paragraph (b)(5)(iii) of this 
section and shall be final.
    (3) Time limitations on responses to requests. The Secretary or his 
or her designee shall respond to all written requests for copies of 
meeting records within ten (10) working days. The time limitations on 
responses to requests shall begin to run as of the time a request for 
records is received and date stamped by the Office of the Secretary.
    (4) Responses. Form and content. When a requested meeting record has 
been identified and is available for disclosure the requester shall 
either be informed as to where and when the records will be made 
available for inspection or be supplied with a copy. A response denying 
a written request for a meeting record of a closed Commission meeting 
shall be in writing signed by the Secretary and shall include:
    (i) A reference to the specific exemptions under the Government in 
the Sunshine Act (5 U.S.C. 552b(c)) authorizing the denial; and
    (ii) A statement that the denial may be appealed to the Commission 
pursuant to paragraph (b)(5) of this section.
    (5) Appeals to the Commissioners. (i) When the Secretary or his or 
her designee has denied a request for records in whole or in part, the 
requester may, within 30 days of its receipt, appeal the denial to the 
Commissioners of the Consumer Product Safety Commission by writing to 
the attention of the Chairman, Consumer Product Safety Commission, 
Washington, D.C. 20207.
    (ii) The Commission will act upon an appeal within 20 working days 
of its receipt. The time limitations on an appeal begin to run as of the 
time an appeal is received by the Office of the Chairman and date 
stamped.
    (iii) The Commission's action on appeal shall be in writing, signed 
by the Chairman of the Commission if the appeal is denied and shall 
identify the Commissioners who voted for a denial. A denial in whole or 
in part of a request on appeal for records of a closed meeting shall set 
forth the exemption relied on and a brief explanation (without 
disclosing exempt information) of how the exemption applies to the 
records withheld. A denial in whole or in part shall also inform the 
requester of his or her right to seek judicial review as specified in 5 
U.S.C. 552b(h).
    (6) Fees. (i) Fees shall be charged for copies of transcriptions of 
recording or minutes in accordance with the schedule contained in 
paragraph (b)(6)(iii) of this section.
    (ii) There shall be no fee charged for services rendered in 
connection with production or disclosure of meeting records unless the 
charges, calculated according to the schedule below, exceed the sum of 
$25.00. Where the charges are calculated to be an amount in excess of 
$25.00, the fee charged shall be the difference between $25.00 and the 
calculated charges.
    (iii) The schedule of charges for furnishing copies of meeting 
records is as follows:
    (A) Reproduction, duplication or copying of transcripts or minutes: 
10 cents per page.
    (B) Reproduction of recordings: actual cost basis.
    (C) Transcription (where meeting records are in the form of a 
recording only): actual cost basis.
    (D) Postage: actual cost basis.