[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: 16CFR1101.32]

[Page 148-149]
 
                     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 D_Reasonable Steps Commission Will Take To Assure Information It 
Discloses Is Accurate, and That Disclosure Is Fair in the Circumstances
 
Sec.  1101.32  Reasonable steps to assure information is accurate.

    (a) The Commission considers that the following types of actions are 
reasonable steps to assure the accuracy of information it proposes to 
release to the public:
    (1) The Commission staff or a qualified person or entity outside the 
Commission (e.g., someone with requisite training or experience, such as 
a fire marshal, a fire investigator, an electrical engineer, or an 
attending physician) conducts an investigation or an inspection which 
yields or corroborates the product information to be disclosed; or
    (2) The Commission staff conducts a technical, scientific, or other 
evaluation which yields or corroborates the product information to be 
disclosed or the staff obtains a copy of such an evaluation conducted by 
a qualified person or entity; or
    (3) The Commission staff provides the information to be disclosed to 
the person who submitted it to the Commission for review and, if 
necessary, correction, and the submitter confirms the information as 
accurate to the best of the submitter's knowledge and belief, provided 
that:
    (i) The confirmation is made by the person injured or nearly injured 
in an incident involving the product; or
    (ii) The confirmation is made by a person who, on the basis of his 
or her own observation or experience, identifies an alleged safety-
related defect in or problem with such a product even though no incident 
or injury associated with the defect or problem may have occurred; or
    (iii) The confirmation is made by an eyewitness to an injury or 
safety-related incident involving such a product; or
    (iv) The confirmation is made by an individual with requisite 
training or experience who has investigated and/or determined the cause 
of deaths, injuries or safety-related incidents involving such a 
product. Such persons would include, for example, a fire marshal, a fire 
investigator, an electrical engineer, an ambulance attendant, or an 
attending physician; or
    (v) The confirmation is made by a parent or guardian of a child 
involved in an incident involving such a product, or by a person to whom 
a child is entrusted on a temporary basis.
    (b) The steps set forth below are the steps the Commission will take 
to analyze the accuracy of information which it proposes to release to 
the public.
    (1) The Commission will review each proposed disclosure of 
information which is susceptible of factual verification to assure that 
reasonable steps have been taken to assure accuracy in accordance with 
Sec.  1101.32(a).
    (2) As described in subpart C, the Commission will provide a 
manufacturer or private labeler with a summary or text of the 
information the

[[Page 149]]

Commission proposes to disclose and will invite comment with respect to 
that information.
    (3) If the Commission receives no comments or only general, 
undocumented comments claiming inaccuracy, the Commission will review 
the information in accordance with Sec.  1101.32(a) and release it, 
generally without further investigating its accuracy if there is nothing 
on the face of the information that calls its accuracy into question.
    (4) If a firm comments on the accuracy of the information the 
Commission proposes to disclose, the Commission will review the 
information in light of the comments. The degree of review by the 
Commission and the weight accorded a firm's comments will be directly 
related to the specificity and completeness of the firm's comments on 
accuracy and the accompanying documentation. Documented comments will be 
given more weight than undocumented comments. Specific comments will be 
given more weight than general comments. Further steps may be taken to 
determine the accuracy of the information if the Commission determines 
such action appropriate.