[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: 16CFR1101.45]

[Page 151-152]
 
                     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 E_Statutory Exceptions of Section 6(b)(4)
 
Sec.  1101.45  Adjudicatory proceeding exception.

    (a) Statutory provision. Section 6(b)(4)(B) provides that the 
requirements of section 6(b)(1) do not apply to public disclosure of 
``information in the course of or concerning * * * [an] adjudicatory 
proceeding * * * under this Act.''
    (b) Scope of exception. This exception applies once the Commission 
begins an administrative adjudication under the CPSA. The Commission 
will also apply the exception to any administrative adjudicatory 
proceeding under FHSA, FAA, or PPPA. An adjudicatory proceeding begins 
with the filing of a complaint under section 15(c) or (d), 17(a)(1) or 
(3), or 20 of the CPSA (15 U.S.C. 2064(c) or (d), 2066(a)(1), or (3), or 
2069); section 15 of the FHSA (15 U.S.C. 1274); section 5(b) of the FFA, 
(15 U.S.C. 1194(b)); or section 4(c) of the PPPA (15 U.S.C. 1473(c)). An 
adjudicatory proceeding ends when the Commission issues a final order, 
16 CFR 1025.51-1025.58.
    (c) The phrase ``in the course of'' refers to information disclosed 
as part of

[[Page 152]]

the adjudication, whether in documents filed or exchanged during 
discovery, or in testimony given in such proceedings, and may therefore, 
include information generated before the adjudication began.
    (d) The phrase ``concerning'' refers to information about the 
administrative adjudication itself, both once it begins and indefinitely 
thereafter. Therefore, the Commission may publicly disclose information 
that describes the substance, process and outcome of the proceeding 
including, for example, the effectiveness of any corrective action such 
as information on the number of products corrected as a result of a 
remedial action. By issuing opinions and public statements, the 
Commissioners and the presiding official, who act as decisionmakers, may 
publicly explain their individual votes and any decision rendered.

[48 FR 57430, Dec. 29, 1983, as amended at 49 FR 8428, Mar 7, 1984]