Tim Szeto Comments to CPSC on a Proposed Safety Standard for Magnet Sets

October 21, 2013

Below is an e-mail from Tim Szeto to CPSC.


From: Tim Szeto 
Sent: Monday, October 21, 2013 7:07 PM
Subject: Re: Magnet Sets NPR; Oral Presentation


My Comment:


Related to this event, I spoke to various producers and stakeholders and nobody knew that it was taking place.  How was this information disseminated?  We follow the CPSC's various feeds and didn't see this show up, nor were we informed by any of our related contacts at the CPSC of this event.  I myself found out about this event from our compliance officer, Joe Williams, on Thursday last week, when he took note of an event that recently came up on his calendar.  We even checked back on the CPSC's twitter feed and found nothing there either.


It is highly unusual that none of the stakeholders directly affected by the NPR (the public, consumers using the products, or the companies distributing them) have been notified for commenting.  Who did the commission directly engage to attend this event?  How did they find out about it?


Specific to 15 U.S.C. 2058(d)(2), I am personally aware of substantial individuals, organizations and stakeholders that are interested in making oral statements.  Due to the fact that these individuals were not aware of this event, they are unable to present their comments in a written form or oral form. For the interest of providing such opportunity under 15 U.S.C. 2058(d)(2), a proper announcement would seem necessary.  Nano is the largest proponent in the consumer magnet industry.  We are in contact with a number of persons within the CPSC but notification was not provided to us either.  


If none of the parties directly affected by the NPR were informed of this event, how is the commission upholding their promulgation obligation under section 2058?  This even is not representative of a public interest under 15 U.S.C. 2058(d)(B)(ii) and therefore should not be considered as such.  Instead, it does appear to be an invitational gathering of the commissions' various advocacy groups in an effort to pass the wildly magnet ban.



A Formal Request:


On behalf of the industry and stakeholders directly affected by the NPR, I'd like to formally request the date for oral opportunity to be postponed with proper notification of interested parties in a manner that is commensurable of prior public notification efforts of the commission related to the NPR and magnet safety.


I'd like to state for the record that these parties had not been made aware of the opportunity for oral presentation of comment taking place on October 22nd, 2013, and thereby cannot be in attendance.  These parties however did wish to attend, and are indeed considered to be interested parties with substantive comments.


I will be withholding my own comments for the Magnet Sets NPR until a fair commenting period that is respectful of the affected stakeholders takes place.  While this meeting may be indeed be entitled "Public Hearing", I assure you that none of the parties in attendance are reflective of the public view, since no notification was given for the public to attend in the first place.  Therefore, this meeting is indeed not a public hearing as described, and certainly not a reflective of the intended purpose; to solicit oral comments from the public.  


Further, I'd like to request a review and disclosure of the manner in which this commission and its related parties have promoted a ban of consumer magnets.  Indeed, such efforts are not representative of the public interest and have even been exported to other countries outside of the USA.  Such an examination would be considered imperative for the assessment of "public interest" under 15 U.S.C. 2058(d)(B)(ii).


Thank you.