[Federal Register: October 18, 2004 (Volume 69, Number 200)]
[Notices]
[Page 61353-61355]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18oc04-28]
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CONSUMER PRODUCT SAFETY COMMISSION
Pilot Programs Inviting Public Comment on Voluntary Standards
Activities and Staff and Contractor Research Reports
AGENCY: Consumer Product Safety Commission.
ACTION: Notice of pilot programs and request for comments.
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SUMMARY: The Consumer Product Safety Commission (CPSC or Commission) is
launching two pilot programs that will open CPSC staff activities for
public review and comment. The first pilot program will provide
information on CPSC staff participation with respect to a cross-section
of voluntary standards, including advance notice of proposed staff
positions on issues to be considered by voluntary standards
organizations. The second pilot program will provide public access to a
set of research reports and an opportunity to submit comments to be
considered by the staff before finalization.
The primary goals of both programs are to make the CPSC staff's
activities more transparent and to obtain the benefit of public review
and input before finalizing CPSC staff positions. The Commission
believes that timely public input will strengthen the CPSC's efforts in
these important areas. Comments received through these programs will be
reviewed by staff to ensure each research report and staff
recommendation on voluntary standards activities is based on the best
scientific, economic, and technological information available. The
Commission is hopeful that the two pilot programs will enhance the
quality of the conclusions and recommendations drawn by CPSC staff
without limiting its ability to make timely contributions to the ever-
evolving voluntary standards development process or to complete its
research work in a timely fashion.
The Commission will evaluate the two pilot programs after a period
of six months. Should the pilot programs be deemed successful, the
Commission will consider expanding them to include a broader cross-
section of CPSC staff voluntary standards activities and research
reports developed by CPSC staff and/or contractors. The two pilot
programs are further described below.
DATES: The pilot programs described in this notice commence on
publication of this notice and run through April 18, 2005.
Comments
Comments on a proposed staff recommendation concerning a voluntary
standards activity selected for the pilot may be submitted through the
CPSC Web site at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.cpsc.gov/volstd/standards.html and must be
received not later than five (5) working days after the recommendation
is posted on the Web site.
Comments on any research report that is the subject of the Research
Reports Technical Review Pilot Program may be submitted via e-mail to
the Commission's Office of the Secretary at cpsc-os@cpsc.gov.
Commenters who prefer may submit comments to the Office of the
Secretary at the address shown below. Comments on a research report
must be received not later than forty-five (45) days after the report
is posted on CPSC's Web site.
General comments on whether to continue these programs beyond the
pilot period and any suggestions for improving the programs may be
submitted to the address below and must be received not later than May
18, 2005.
ADDRESSES: General comments on the pilot programs should be mailed to
the Office of the Secretary, Consumer Product Safety Commission,
Washington, DC 20207-0001; telephone (301) 504-7923, or delivered to
the Office of the Secretary, Room 502, 4330 East-West Highway,
Bethesda, Maryland 20814-4423. Comments should be captioned ``Comments
on Pilot Programs for Public Review and Comment on Voluntary Standards
Activities and Draft Research Reports.'' Comments may also be filed by
telefacsimile to (301) 504-0127, or by e-mail to cpsc-os@cpsc.gov.
FOR FURTHER INFORMATION CONTACT: For further information on the
specific voluntary standards activities and draft technical reports
that are the subject of the pilot programs contact:
Hugh McLaurin, Director, Directorate for Engineering Sciences, U.S.
Consumer Product Safety Commission, Washington, DC 20207, (301) 504-
7531, e-mail: hmclaurin@cpsc.gov.
For general information on the pilot programs, contact: Lowell
Martin, Assistant General Counsel for Regulatory Affairs, U.S. Consumer
Product Safety Commission, Washington, DC 20207, (301) 504-7628, e-
mail: lmartin@cpsc.gov.
SUPPLEMENTARY INFORMATION:
A. CPSC Staff Voluntary Standards Activities Information and
Opportunity for Comment
1. Background
The Commission is actively engaged in the voluntary standards
development process for a wide range of consumer products. The staff
works with several different standards development organizations. All
provide an open, deliberative process featuring a balance of interests
and due process protections.
CPSC staff members participate, as non-voting members, in a number
of steps in the voluntary standards development process. CPSC staff
often provide expert advice, technical assistance, injury and death
data and analysis, as well as supporting research. In addition, CPSC
staff will commonly submit recommendations concerning new consumer
product safety standards or modification of existing standards. These
recommendations are often based on previous research conducted by the
agency or a review of injury and death data associated with the product
category at issue. From 1990 through 2002, CPSC staff has participated
with other interested stakeholders in developing or revising 217
voluntary standards.
2. Pilot Program
CPSC is initiating a pilot program to begin posting notice of CPSC
staff activities and recommendations concerning voluntary standards
development on its web site. At present, Commission staff is involved
in over 60 consumer product voluntary standards development activities.
For purposes of the pilot, CPSC has selected eight different voluntary
standards activities to evaluate this system of sharing CPSC staff
information with the public for review and comment.
The voluntary standards activities selected for the pilot are: (1)
Smoke alarms; (2) arc fault circuit interrupters; (3) ground fault
circuit interrupters; (4) pool and spa safety vacuum release systems;
(5) bunk beds; (6) gasoline containers for child resistance; (7)
portable generators (within the engine driven tools project); and (8)
garage door and gate operators. For these voluntary
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standards activities, we will make available on the CPSC Web site a
wide range of technical information, including as appropriate: relevant
CPSC safety alerts, press releases involving the product category,
pertinent fact sheets, relevant incident and death data, letters with
staff recommendations, correspondence, meeting notices, research
reports, memoranda, and contractor reports. We will also provide
appropriate contact information, both for CPSC staff and the voluntary
standards organizations.
The information on these eight activities can be accessed by
visiting the CPSC Web site at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.cpsc.gov/volstd/standards.html.
In addition, the site will allow any member of the
public to arrange to receive automatic electronic mail updates on any
new CPSC staff activity and/or recommendations regarding voluntary
standards activities.
This new area of the CPSC Web site will also provide the public
with the opportunity to review and comment on newly developed staff
materials/recommendations before they are submitted for consideration
by the voluntary standards organization. During the pilot, the
Commission staff will post proposed staff recommendations for the
selected voluntary standards activities in the voluntary standards area
of the CPSC Web site for a period of five (5) working days. Interested
parties will be able to forward comments to CPSC staff though this web
area. Following the five day public comment period, staff will provide
due consideration to inputs received, inform the Assistant Executive
Director for Hazard Identification and Reduction of any significant
issues raised, and finalize the staff recommendation for the Director's
review. Although public comments may affect the staff's proposed
recommendations, the staff will not respond directly to comments.
The Commission would prefer to allow a longer period than five days
for public input, but we lack control over the deadlines set by
voluntary standards organizations. We are concerned that a more
generous review period may leave the staff too little time for
formulating a position and taking account of public comments. The
Commission invites comments on this and other aspects of the pilot
programs.
The pilot project will alert the public to eight current voluntary
standards activities within the CPSC and enable them to access detailed
information and analysis regarding the proposed approach and staff
recommendations for new or revised standards. We believe it is in the
public interest to ensure all interested parties have the opportunity
to review this information and make comments to staff for consideration
prior to finalizing a recommendation to a voluntary standards
organization. We have developed this pilot project to evaluate that
hypothesis and to develop a better understanding of the practical
implications of this new, more open process.
It is important to note that this pilot addresses only information
pertaining directly to CPSC staff involvement in voluntary standards
activities and is not intended to create a complete repository for all
voluntary standards activities information. Each voluntary standards
organization is responsible for maintaining such comprehensive
information. Accordingly, for each activity in the pilot program,
contact information for the appropriate voluntary standards
organization and/or staff member will be included.
B. Research Reports Technical Review Pilot Program
1. Background
The CPSC conducts many research and study projects in furtherance
of its activities to improve product safety and eliminate potential
hazards associated with consumer products. The findings from such
projects may be used by staff to develop and refine positions on
voluntary and mandatory product safety standards. The staff also
conducts research on new and emerging technologies to evaluate their
potential for enhancing consumer product safety and reducing hazards.
Each research project typically concludes with development of a final
report outlining the hazard scenario or product safety issue that was
researched, the scope of the project, methodology utilized, findings,
and recommendations when appropriate. On occasion, the staff also
engages outside contractors to perform research. In such cases, the
final contractor report is usually transmitted to the Commission and
the public with a cover memorandum from the staff addressing any issues
presented by the report and/or making recommendations as appropriate.
2. Pilot Program
The Research Reports Technical Review pilot program will give
interested persons the opportunity to review and provide timely
technical comments on CPSC staff and CPSC-sponsored research reports
prior to their finalization. The reports will be located on the CPSC
Web site at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.cpsc.gov/volstd/research/research.html. Each
selected research report can be viewed by clicking on the link for that
report. Interested parties can forward technical comments to CPSC staff
via e-mail to cpsc-os@cpsc.gov or, if access to e-mail is unavailable,
by correspondence to the Office of the Secretary at the address shown
above.
We have selected the following draft staff reports to initiate this
pilot: (1) Detection of Abnormal Operating Conditions in Electric
Clothes Dryers; (2) A Review of the Sound Effectiveness of Residential
Smoke Alarms; (3) An Evaluation of Finger Injuries Associated with Home
Document (Paper) Shredder Machines; and (4) Fire Indicators Project
Report. In addition, we are including one final contractor report,
namely, Final Report on Development and Manufacturing Assessment of the
Concentric-Ring Smooth-Top Range Sensor. These research reports will be
located on the Research Reports Technical Review Web page and will be
available for comment for forty-five (45) days from the date of this
notice, that is until December 2, 2004. Other research reports may be
posted to the Web site during the pilot, and in such cases the
Commission will allow 45 days for public comment.
CPSC staff will assess technical comments submitted through the
Research Reports Technical Review Web site and will take account of
such comments when finalizing staff reports or in the final staff
assessment to accompany a contractor report. Staff will provide due
consideration to inputs received, inform the Assistant Executive
Director for Hazard Identification and Reduction of any significant
issues that arise, and finalize the report in question for review by
the Executive Director and transmittal to the Commission. Although the
staff will take account of all comments received, the staff will not
respond directly to the commenter.
C. Conclusion
The Commission has launched these pilot programs in an effort to
increase the transparency and openness of CPSC staff voluntary
standards activities and CPSC staff and CPSC-sponsored research. The
Commission is hopeful that the pilots will enhance the overall quality
of the conclusions and recommendations drawn by CPSC staff with regard
to voluntary standards development and our product safety research. It
is important to note that while comments on specific positions and
reports will be reviewed and assessed by CPSC staff member(s) as
appropriate, CPSC staff will not prepare formal responses. Rather, the
staff will
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consider whether to modify its input to the voluntary standards
organization or to revise a research report.
The pilots will commence upon publication of this notice in the
Federal Register and will be completed by April 18, 2005.
The Commission also seeks comment on these pilot programs generally
in order to inform its judgment about extending or modifying the
programs. Such comments should be in writing and submitted to the
Office of the Secretary at the address above no later than one (1)
month after completion of the pilots, that is, not later than May 18,
2005.
Dated: October 12, 2004.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 04-23197 Filed 10-15-04; 8:45 am]
BILLING CODE 6355-01-P