[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: 16CFR1115.15]

[Page 168-169]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1115_SUBSTANTIAL PRODUCT HAZARD REPORTS--Table of Contents
 
                    Subpart A_General Interpretation
 
Sec.  1115.15  Confidentiality and disclosure of data.

    (a) General. The Commission does not routinely make reports 
available to the public until the staff has made a preliminary hazard 
determination. Copies of reports will not be available to the public in 
the Commission's public reading room, and information contained in 
reports will not ordinarily be disclosed to the public in the absence of 
a formal request.
    (b) Freedom of Information Act. Any person who submits information 
to the Commission who believes that any portion of the information is 
entitled to exemption from public disclosure under the provisions of the 
Freedom of Information Act, as amended (15 U.S.C. 552(b)), of the CPSA, 
as amended, or of another Federal statute must accompany the submission 
with a written request that the information be considered exempt from 
disclosure or indicate that a written request will be submitted within 
10 working days of the

[[Page 169]]

submission. The request shall (1) identify the portions of the 
information for which exemption is claimed, which may include the 
identity of the reporting firm and the fact that it is making a report, 
and (2) state the facts and reasons which support the claimed exemption. 
After the staff has made its preliminary hazard determination, and 
regardless of whether or not the staff preliminarily determines that a 
product presents a substantial product hazard, the Commission will no 
longer honor requests for exempt status for the identity of the 
reporting firm, the identity of the consumer product, and the nature of 
the reported alleged defect or noncompliance. This information, together 
with the staff's preliminary hazard determination, will be made 
available to the public in the Commission's public reading room. 
Information for which exempt status is claimed (such as alleged trade 
secrets, confidential commercial or financial information, or 
information the disclosure of which would constitute an unwarranted 
invasion of personal privacy) shall not be released to the public except 
in accordance with the applicable statute or the Commission's Freedom of 
Information Act regulations (16 CFR part 1015).
    (c) Section 6(b) of the CPSA. The Commission believes that the first 
two sentences in section 6(b)(1) of the CPSA (15 U.S.C. 2055(b)(1)) 
apply to affirmative dissemination of information by the Commission 
(such as press releases or fact sheets distributed to the public) from 
which the public may ascertain readily the identity of the product's 
manufacturer and/or private labeler. Manufacturers and private labelers 
will ordinarily be given 30 days' notice before the Commission makes 
such affirmative disseminations. However, this 30-day notice will not 
apply if the Commission finds that a lesser notice period is required in 
the interest of public health and safety.