C.F.R. » Title 16 » CHAPTER II—CONSUMER PRODUCT SAFETY COMMISSION › SUBCHAPTER B—CONSUMER PRODUCT SAFETY ACT REGULATIONS › PART 1101—INFORMATION DISCLOSURE UNDER SECTION 6(b) OF THE CONSUMER PRODUCT SAFETY ACT › Subpart C—Procedure for Providing Notice and Opportunity To Comment Under Section 6(b)(1)

16 C.F.R. § 1101.26

Circumstances when the Commission does not provide notice and opportunity to comment

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(a) Notice to the extent practicable. Section 6(b)(1) requires that “to the extent practicable” the Commission must provide manufacturers and private labelers notice and opportunity to comment before disclosing information from which the public can ascertain readily their identity.

(b) Circumstances when notice and opportunity to comment is not practicable. The Commission has determined that there are various circumstances when notice and opportunity to comment is not practicable. Examples include the following:

(1) When the Commission has taken reasonable steps to assure that the company to which the information pertains is out of business and has no identifiable successor.

(2) When the information is disclosed in testimony in response to an order of the court during litigation to which the Commission is not a party.

Notes of Decisions
Cited in 2 cases, 2012–2012 · leading case: Co. Doe v. Tenenbaum, 127 F. Supp. 3d 426 (D. Maryland 2012).
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Co. Doe v. Tenenbaum, 127 F. Supp. 3d 426 (D. Maryland 2012). “On October 12, 2011, the Commission notified Plaintiff that the information in the incident report that Plaintiff identified as materially inaccurate met the definition of materially inaccurate information in 16 C.F.R. § 1101.26 (2011). AR000078. In a bid to rid the report of…”
Co. Doe v. Tenenbaum, 900 F. Supp. 2d 572 (D. Maryland 2012). “On [redacted], the Commission notified Plaintiff that the information in the incident report that Plaintiff identified as materially inaccurate met the definition of materially inaccurate information in 16 C.F.R. § 1101.26 (2011). AR000078. In a bid to rid the report of the…”
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