Draft Commission Meeting Minutes: Voluntary Remedial Actions and Guidelines for Voluntary Recall Notices

This page is the draft commission meeting minutes to decide the proposed rule for voluntary recall guidelines. It details the voting for amendments and the NPR FR notice.
November 13, 2013

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Chairman Inez M. Tenenbaum convened the Nov. 13, 2013, 10:00 a.m., meeting of the U.S. Consumer Product Safety Commission in open session. Commissioners Robert S. Adler, Marietta S. Robinson and Ann Marie Buerkle were in attendance.  Chairman Tenenbaum made welcoming remarks and summarized the matter.

 

Decisional Matter: Proposed Interpretive Rule: Voluntary Remedial Actions and Guidelines for Voluntary Recall Notices

(Briefing package dated Sept. 18, 2013, OS No. 4482)

 

After introducing the matter, Chairman Tenenbaum called for any comments or questions.  Chairman Tenenbaum and Commissioners Adler and Robinson deferred on making any comments.  Commissioner Buerkle commented and asked questions of the staff on the matter.  Ray M. Aragon, Director of the Office of Compliance and Field Operations (EXC), and Howard N. Tarnoff, Senior Counselor to the Director of EXC, responded to the questions.   

 

Chairman Tenenbaum called upon Commissioner Adler to explain his motion regarding the amendments that include combined amendments from Chairman Tenenbaum and Commissioners Adler and Robinson.  Commissioner Adler explained each amendment.  Commissioner Adler moved that the Commission adopt the amendments to the proposed interpretative rule.  Commissioner Robinson seconded the motion.  Chairman Tenenbaum called for discussion.  The Commissioners commented and discussed the proposed rule.  Chairman called for a motion to defer the vote on the amendments until other amendments have proposed.  Commissioner Adler moved that the Commission defer the vote on the amendments he proposed.   Commissioner Robinson seconded the motion.  Chairman Tenenbaum called for a vote.  The Commission voted unanimously (4-0) to defer the vote on the amendments. 

 

Chairman Tenenbaum asked Commissioner Buerkle to explain her amendments to the proposed rule.  Commissioner Buerkle explained each issue in her amendments and motioned to adopt her amendments.  Commissioner Adler seconded the motion.  The Commission discussed Commissioner Buerkle amendments.  Chairman Tenenbaum called for the vote on the motion.  The Commission voted (3-1) to not adopt Commissioner Buerkle’s motion and amendments.  Chairman Tenenbaum and Commissioners Adler and Robinson voted to not adopt Commission Buerkle’s motion and Commissioner Buerkle voted to adopt her motion.      

 

Chairman Tenenbaum recalled the vote on Commissioner Adler’s motion to amend the proposed rule in the nature of a substitute draft proposed rule.  Commissioner Nord explained that she had a series of amendments to Commissioner Adler’s substitute proposed rule.  The Commission voted (3-1) to adopt Commissioner Adler’s motion and amendments.  Chairman Tenenbaum and Commissioners Adler and Robinson voted to adopt the Commissioner Adler’s motion and Commissioner Buerkle voted to not adopt the amendments. 

 

 Chairman Tenenbaum called the vote on the notice of proposed rulemaking on guidelines for voluntary recall notices, as amended by Commissioner Adler’s amendments.  Commissioner Nord explained that she had a series of amendments to Commissioner Adler’s substitute proposed rule.  The Commission voted (3-1) to approve the notice of proposed rulemaking on voluntary remedial actions and guidelines for voluntary recall notices as amended.  Chairman Tenenbaum and Commissioners Adler and Robinson voted to approve the proposed rule, as amended.  Commissioner Buerkle voted to not approve the proposed rule. 

 

 After a brief discussion with General Counsel Stephanie Tsacoumis about clarifying the rule as to publication in the Federal Register, Chairman Tenenbaum called for a vote on the notice of proposed rulemaking on guidelines for voluntary recall notices, as amended by Commissioner Adler’s amendments and to publish it in the FR and publication.  The Commission voted (3-1) to approve the notice of proposed rulemaking on voluntary remedial actions and guidelines for voluntary recall notices as amended and to publish the notice in the FR.  Chairman Tenenbaum and Commissioners Adler and Robinson voted to approve the proposed rule, as amended and publish it in the FR.  Commissioner Buerkle voted to not approve the proposed rule. 

 

There being no other business, Chairman Tenenbaum adjourned the meeting at 11:10 a.m.

 

                                                                                    For the Commission:

 

 

                                                                                    Todd A. Stevenson

                                                                                    Secretary