[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: 16CFR1052.1]

[Page 136]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1052_PROCEDURAL REGULATIONS FOR INFORMAL ORAL PRESENTATIONS IN 
PROCEEDINGS BEFORE THE CONSUMER PRODUCT SAFETY COMMISSION--Table 
 
Sec.  1052.1  Scope and purpose.

of Contents




Sec.  
1052.1 Scope and purpose.
1052.2 Notice of opportunity for oral presentation.
1052.3 Conduct of oral presentation.
1052.4 Presiding officer; appointment, duties, powers.

    Authority: 15 U.S.C. 1193(d), 15 U.S.C. 2058(d)(2), 15 U.S.C. 
2076(a), and 5 U.S.C. 553(c).

    Source: 48 FR 57122, Dec. 28, 1983, unless otherwise noted.


    (a) Section 9(d)(2) of the Consumer Product Safety Act, 15 U.S.C. 
2058(d)(2), and section 4(d) of the Flammable Fabrics Act, 15 U.S.C. 
1193(d), provide that certain rules under those statutes shall be 
promulgated pursuant to section 4 of the Administrative Procedure Act, 5 
U.S.C. 553, except that the Commission shall give interested persons an 
opportunity for the oral presentation of data, views or arguments in 
addition to the opportunity to make written submissions. Several 
rulemaking provisions of the statutes administered by the Commission are 
subject only to the rulemaking procedures of the Administrative 
Procedure Act. Section 4(c) of the Administrative Procedure Act provides 
that the opportunity for oral presentations may or may not be granted in 
rulemaking under that section. In addition, section 27(a) of the 
Consumer Product Safety Act, 15 U.S.C. 2076(a), authorizes informal 
proceedings that can be conducted in non-rulemaking investigatory 
situations.
    (b) This part sets forth rules of procedure for the oral 
presentation of data, views or arguments in the informal rulemaking or 
investigatory situations described in subsection (a) of this section. In 
situations where the opportunity for an oral presentation is not 
required by statute, the Commission will determine whether to provide 
the opportunity on a case-by-case basis.