Proposed Rule2025-16545
Information Disclosure Under Section 6(b) of the Consumer Product Safety Act
Primary source
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Published
August 28, 2025
Issuing agencies
Consumer Product Safety Commission
Abstract
The U.S. Consumer Product Safety Commission (CPSC or Commission) is withdrawing its proposed rule to amend section 6(b) of the Consumer Product Safety Act, 16 CFR part 1101 (6(b) Regulation). On February 26, 2014, the Commission issued a notice of proposed rulemaking in this matter (79 FR 10712). On February 17, 2023, the Commission issued a supplemental notice of proposed rulemaking (88 FR 10432). The Commission has not taken any action on this rule since it was published in February 2023.
Full Text
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<title>Federal Register, Volume 90 Issue 165 (Thursday, August 28, 2025)</title>
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[Federal Register Volume 90, Number 165 (Thursday, August 28, 2025)]
[Proposed Rules]
[Pages 41924-41925]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16545]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1101
[CPSC Docket No. CPSC-2014-0005]
Information Disclosure Under Section 6(b) of the Consumer Product
Safety Act
AGENCY: Consumer Product Safety Commission.
ACTION: Termination of rulemaking.
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SUMMARY: The U.S. Consumer Product Safety Commission (CPSC or
Commission) is withdrawing its proposed rule to amend section 6(b) of
the Consumer Product Safety Act, 16 CFR part 1101 (6(b) Regulation). On
February 26, 2014, the Commission issued a notice of proposed
rulemaking in this matter (79 FR 10712). On February 17, 2023, the
Commission issued a supplemental notice of proposed rulemaking (88 FR
10432). The Commission has not taken any action on this rule since it
was published in February 2023.
DATES: As of August 28, 2025 the proposed rule issued on February 26,
2014 and the Supplemental Notice of Proposed Rulemaking issued on
February 17, 2023, are withdrawn.
FOR FURTHER INFORMATION CONTACT: Amy Colvin, Attorney, Division of
Federal Court Litigation, Office of the General Counsel, Consumer
Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814;
telephone: 301-504-7639; email: <a href="/cdn-cgi/l/email-protection#660705090a100f08260516150548010910"><span class="__cf_email__" data-cfemail="fb9a9894978d9295bb988b8898d59c948d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Commission is withdrawing the NPR and
Supplemental NPR that proposed to amend the CPSC's regulation,
Information Disclosure Under Section 6(b) of the Consumer Product
Safety Act, codified at 16 CFR part 1101.
[[Page 41925]]
I. Background
A. Statutory Authority
Section 6(b) of the CPSA governs the Commission's disclosure of
certain information to the public. In general, section 6(b)(1)
requires, ``prior to its public disclosure of any information obtained
under this Act, or to be disclosed to the public in connection
therewith,'' that the Commission, ``to the extent practicable,''
provide manufacturers or private labelers with advance notice and
opportunity to comment on the proposed disclosure, if the manner in
which such consumer product is designated or described in such
information ``permit[s] the public to ascertain readily the identity of
such manufacturer or private labeler.'' 15 U.S.C. 2055(b)(1). The CPSA
defines ``manufacturer'' to include an importer. 15 U.S.C. 2052(a)(11).
Section 6(b)(1) also requires the Commission, prior to such public
disclosure, to ``take reasonable steps to assure'' that the information
CPSC intends to disclose ``is accurate, and that such disclosure is
fair in the circumstances and reasonably related to effectuating the
purposes of this Act.'' Id. In 1980, the U.S. Supreme Court ruled that
CPSC's disclosures under the Freedom of Information Act (FOIA) are
among the public releases covered by the section 6(b)(1) restrictions.
CPSC v. GTE Sylvania, Inc., 447 U.S. 102 (1980).
The Consumer Product Safety Improvement Act of 2008 (CPSIA), Public
Law No. 110-314, 122 Stat. 3016, enacted on August 14, 2008, amended
section 6 of the CPSA. The amendments shortened, from 30 days to 15
days the time for public disclosure of information (after complying
with the provisions of section 6(b)). In addition, the amendments
eliminated the requirement that the Commission publish a Federal
Register notice when the Commission publishes a finding that the public
health and safety requires a lesser period of notice. CPSIA also
broadened the statutory exceptions to section 6(b). For example, the
amendments excluded from the requirements of section 6(b)(1)-(3) a
public disclosure of information about any consumer product which the
Commission has reasonable cause to believe is in violation of any
consumer product safety rule or provision of the CPSA, or similar rule
or provision of any other act enforced by the Commission.
B. History of the 6(b) Regulation
On December 29, 1983, the Commission published a final rule
interpreting section 6(b) of the CPSA. 48 FR 57406; see 49 FR 8428
(Mar. 7, 1984) (technical correction). The 6(b) Regulation, 16 CFR part
1101, describes the Commission's procedures for providing manufacturers
and private labelers advance notice and ``a reasonable opportunity to
submit comments'' to the Commission on proposed disclosures of certain
information. In addition, the 6(b) Regulation explains the ``reasonable
steps'' the Commission will take pursuant to section 6(b) to assure,
prior to public disclosure of covered information, that the information
``is accurate, and that such disclosure is fair in the circumstances
and reasonably related to effectuating the purposes of this Act.'' In
2008, the Commission amended the 6(b) Regulation to reflect the CPSIA
amendments. 73 FR 72334 (Nov. 28, 2008).
On February 26, 2014, the Commission published the 2014 NPR.
Information Disclosure Under Section 6(b) of the Consumer Product
Safety Act, 79 FR 10712 (Feb. 26, 2014). See Fiscal Year 2013 Midyear
Review and Operating Plan Adjustments, available at <a href="https://www.cpsc.gov">https://www.cpsc.gov</a>. The Commission received 24 comments on the 2014 NPR.
Seven consumer groups supported the proposed revisions to modernize the
regulation and make it more consistent with the statute and industry
practice. However, these commenters were concerned that section 6(b)'s
obstacles to transparency and the immediate release of crucial product
safety information remain. The other commenters, comprising trade
associations and one firm, objected to various proposals contained in
the 2014 NPR. In general, these commenters asserted that the proposed
revisions would result in the disclosure of inaccurate or misleading
information. Moreover, according to these commenters, some of the
proposed changes could chill cooperation between the Commission and
industry.
In 2023, the Commission published a supplemental notice of proposed
rulemaking that provided additional responses to the 2014 NPR and
proposed additional changes to the 6(b) regulation. Information
Disclosure Under Section 6(b) of the Consumer Product Safety Act, 88 FR
10432 (February 17, 2023). The Commission received more than 100
comments from individuals (approximately 85), consumer groups
(approximately 9), and industry (approximately 11). Some comments were
form letters that sought repeal of section 6(b), others thought the
proposed changes did not go far enough, while still others advocated
for reinsertion of text proposed to be removed.
No further action was taken by the Commission after the SNPR was
published. The Commission has developed additional tools and processes
to provide vital safety information to the public about consumer
product hazards while at the same time meeting the requirements under
section 6(b) to take the reasonable steps required to assure that any
public disclosure of manufacturer/private labeler specific information
is accurate, fair and reasonably related to effectuating the purposes
of the CPSA. The Commission does not view section 6(b) or the rule as a
bar to public disclosure of such information about product specific
issues. Because the Commission has not acted on this proposed rule
since 2023, the Commission is terminating this proceeding.\1\ In the
future, the Commission may consider revision to the 6(b) rule as time,
technological changes and resources may warrant.
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\1\ On August 23, 2025, the Commission voted unanimously to
publish this notice terminating the rulemaking and withdrawing the
Notice of Proposed Rulemaking and Supplemental Notice of Proposed
Rulemaking on Information Disclosure Under Section 6(b) of the
Consumer Product Safety Act.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2025-16545 Filed 8-27-25; 8:45 am]
BILLING CODE 6355-01-P
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