[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: 16CFR1101.23]

[Page 145-146]
 
                     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 C_Procedure for Providing Notice and Opportunity To Comment 
                          Under Section 6(b)(1)
 
Sec.  1101.23  Providing less than 30 days notice before disclosing 
information.

    There are two circumstances in which the Commission may disclose to 
the public information subject to section 6(b)(1) in a time less than 30 
days after providing notice to the manufacturer or private labeler.
    (a) Firm agrees to lesser period or does not object to disclosure. 
The Commission may disclose to the public information subject to section 
6(b)(1) before the 30-day period expires when, after receiving the 
Commission's notice and opportunity to comment, the firm involved agrees 
to the earlier disclosure; notifies the Commission that it has no 
comment; or notifies the Commission that it does not object to 
disclosure.
    (b) Commission finding a lesser period is required. Section 6(b)(1) 
provides that

[[Page 146]]

the Commission may find that the public health and safety requires a 
lesser period of notice than the 30 days advance notice that section 
6(b)(1) generally requires. The Commission may determine that the public 
health and safety requires less than 30 days advance notice, for 
example, to warn the public quickly because individuals may be in danger 
from a product hazard or a potential hazard, or to correct product 
safety information released by third persons, which mischaracterizes 
statements made by the Commission about the product or which attributes 
to the Commission statements about the product which the Commission did 
not make.
    (c) Notice of finding. The Commission will inform a manufacturer or 
private labeler of a product which is the subject of a public health and 
safety finding that the public health and safety requires less than 30 
days advance notice either orally or in writing, depending on the 
immediacy of the need for quick action; and the Commission will publish 
the finding in the Federal Register. Disclosure may be made concurrently 
with the filing of the Federal Register notice and need not await its 
publication. However, where applicable, before releasing information, 
the Commission will comply with the requirements of section 6(b) (1) and 
(2) by giving the firm the opportunity to comment on the information, 
either orally or in writing depending on the immediacy of the need for 
quick action, and by giving the firm advance notice before disclosing 
information claimed by a manufacturer or private labeler to be 
inaccurate (see Sec.  1101.25).