Page:United States Statutes at Large Volume 95.djvu/739

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 713

"(2) The Commission shall not promulgate a regulation under this section unless it finds (and includes such finding in the regulation)— "(A) in the case of a regulation which relates to a risk of injury with respect to which persons who would be subject to such regulation have adopted and implemented a voluntary standard, that'll) compliance with such voluntary standard is not likely to result in the elimination or adequate reduction of such risk of injury; or "(ii) it is imlikely that there will be substantial compliance with such voluntary standard; "(B) that the benefits expected from the regulation bear a reasonable relationship to its costs; and "(C) that the regulation imposes the least burdensome requirement which prevents or adequately reduces the risk of injury for which the regulation is being promulgated. "(3)(A) Any regulatory analysis prepared under subsection (i) or paragraph (1) shall not be subject to independent judicial review, except that when an action for judicial review of a regulation is instituted, the contents of any such regulatory analysis shall constitute part of the whole rulemaking record of agency action in connection with such review. "(B) The provisions of subparagraph (A) shall not be construed to alter the substantive or procedural standards otherwise applicable to judicial review of any action by the Commission.". (c) Section 8 (15 U.S.C. 2057) is amended by striking out "propose and". PUBLIC DISCLOSURE OF INFORMATION

SEC. 1204. Section 6 (15 U.S.C. 2055) is amended to read as follows: " P U B L I C D I S C L O S U R E O F INFORMATION

"SEC. 6. (a)(1) Nothing contained in this Act shall be construed to require the release of any information described by subsection (b) of section 552 of title 5, United States Code, or which is otherwise protected by law from disclosure to the public. "(2) AU information reported to or otherwise obtained by the Commission or its representative under this Act which information contains or relates to a trade secret or other matter referred to in section 1905 of title 18, United States Code, or subject to section 552(b)(4) of title 5, United States Code, shall be considered confidential and shall not be disclosed. "(3) The Commission shall, prior to the disclosure of any information which will permit the public to ascertain readily the identity of a manufacturer or private labeler of a consumer product, offer such manufacturer or private labeler an opportunity to mark such information as confidential and therefore barred from disclosure under paragraph (2). "(4) Mi. information that a manufacturer or private labeler has marked to be confidential and bsured from disclosure under paragraph (2), either at the time of submission or pursuant to paragraph (3), shall not be disclosed, except in accordance with the procedures established in paragraphs (5) and (6). "(5) If title Commission determines that a document marked as confidential by a manufacturer or private labeler to be barred from disclosure under paragraph (2) may be disclosed because it is not confidential information as provided in paragraph (2), the Commis-

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