---
kind: "section"
citation: "16 C.F.R. § 1101.71"
title: "16"
number: "1101.71"
heading: "Delegation of authority."
url: "https://uscodex.org/cfr/16/1101.71"
---

# §1101.71. Delegation of authority.

- (a) **Delegation.** Pursuant to [section 27(b)(9)](/cfr/16/27.md?p=b-9) of the CPSA [15 U.S.C. 2076(b)(9)](/usc/15/2076.md?p=b-9) the Commission delegates to the General Counsel or his or her senior staff designees, the authority to render all decisions under this part concerning the release of information subject to [section 6(b)](/cfr/16/6.md?p=b) when firms have furnished [section 6(b)](/cfr/16/6.md?p=b) comment except as provided in [paragraph (b)](#b). The Commission also delegates to the Secretary of the Commission, or his or her senior staff designee, authority to make all decisions under this part concerning the release of information under [section 6(b)](/cfr/16/6.md?p=b) when firms have failed to furnish [section 6(b)](/cfr/16/6.md?p=b) comment or have consented to disclosure except as provided in [paragraph (b)](#b) of this section. The General Counsel shall have authority to establish an Information Group composed of the General Counsel and the Secretary of the Commission or their designees who shall be senior staff members.
- (b) **Findings not deleted.** The Commission does not delegate its authority—
  - (1) To find, pursuant to [section 6(b)(1)](/cfr/16/6.md?p=b-1) and [§ 1101.23(b)](/cfr/16/1101.23.md?p=b) of this part, that the public health and safety requires less than 15 days advance notice of proposed disclosures of information.
  - (2) To find, pursuant to [section 6(b)(2)](/cfr/16/6.md?p=b-2) and [§ 1101.25(b)](/cfr/16/1101.25.md?p=b) of this part, that the public health and safety requires less than five (5) days advance notice of its intent to disclose information claimed to be inaccurate;
  - (3) To decide whether it should take reasonable steps to publish a retraction of information in accordance with [section 6(b)(7)](/cfr/16/6.md?p=b-7) and [§ 1101.52](/cfr/16/1101.52.md) of this part.
- (c) **Final agency action; Commission decision.** A decision of the General Counsel or the Secretary or their designees shall be a final agency decision and shall not be appealable as of right to the Commission. However, the General Counsel or the Secretary may in his or her discretion refer an issue to the Commission for decision.

## Notes

### Amendments

[48 FR 57430, Dec. 29, 1983, as amended at 73 FR 72335, Nov. 28, 2008]

### Authority

Authority: Section 6(b) of Public Law 92-573, as amended by Section 211 of Public Law 110-314, 122 Stat. 3016, 15 U.S.C. 2055(b), 5 U.S.C. 553(b).

### Source

Source: 48 FR 57430, Dec. 29, 1983, unless otherwise noted.

### Amendments

[48 FR 57430, Dec. 29, 1983, as amended at 73 FR 72335, Nov. 28, 2008]