Commission Meeting Minutes: Decisional Matter on a Proposed Rule for Amendments to Regulate Certificates of Compliance

These are the minutes of a Commission vote on proposed rule for amendments to regulation on certificates of compliance.
May 01, 2013

Watch the Video

 

Chairman Inez M. Tenenbaum convened the May 1, 2013, 10:00 a.m., meeting of the U.S. Consumer Product Safety Commission in open session. Commissioners Nancy A. Nordand Robert S. Adler were in attendance. Chairman Tenenbaum made welcoming remarks andsummarized the matter.

 

Decisional Matter: Proposed Rule for Amendments to Regulation on Certificates of Compliance 16 C.F.R. part 1110 (Briefing packages dated Dec. 5, 2012 and March 14, 2013, OS No. 4459)

 

After introducing the matter, Chairman Tenenbaum called for any motions. Commissioner Adler moved that the Commission adopt amendments in the form of a substituteproposed § Ill 0 rule. Commissioner Adler summarized the substantive changes to the previousdraft rule. Commissioner Nord seconded the motion. The Chairman called for any other motions or amendments.

 

Commissioner Nord explained that she had a series of amendments to CommissionerAdler's substitute proposed rule. Commissioner Nord moved that the Commission adopt certain additions and changes in the recordkeeping charts in the preamble. Commissioner Adler seconded the motion. The Commission discussed Commissioner Nord's proposed amendment. The Chairman called for a vote on the motion to amend the recordkeeping charts. The Commission voted (2-1) to not adopt the motion. Chairman Tenenbaum and Commissioner Adler voted to not adopt the motion. Commissioner Nord voted to adopt the motion.

 

Commissioner Nord moved that the Commission adopt amendments to Commissioner Adler's substitute proposed rule at § 1110.5 and in the preamble to clarify when a certificate for products which are subject to a ban must be issued. Commissioner Adler seconded the motion.Commissioner Nord explained her motion. The Commission discussed the proposedamendments. The Chairman called for a vote on the proposed amendments. The Commissionvoted (2-1) to not adopt the motion. Chairman Tenenbaum and Commissioner Adler voted to not adopt the motion. Commissioner Nord voted to adopt the motion.

 

Commissioner Adler moved that the Commission insert a request for comment in the preamble of his proposed substitute 1110 rule seeking public comment on Table A in the preamble which identifies products subject to a ban that must be certified. Chairman Tenenbaum seconded the motion. Chairman Tenenbaum called for discussion on the motion. There being none, the Chairman called for a vote on the motion. The Commission voted unanimously (3-0) to adopt the motion.

 

Commissioner Nord moved that in lieu of Commissioner Adler's changes to § lllO.ll(c) in his substitute proposed rule, the Commission adopt the staffs original draft language at § 1110.11 (c) regarding documenting testing exceptions on certificates and add a question about this issue in the preamble. Commissioner Adler seconded the motion. The Commission discussed the proposed amendments. The Chairman called for a vote on the amendments. The Commission voted (2-1) to not adopt the motion. Chairman Tenenbaum and CommissionerAdler voted to not adopt the motion. Commissioner Nord voted to adopt the motion.

 

Commissioner Nord moved that the Commission adopt an amendment to CommissionerAdler's substitute proposed rule at § 1110.17 regarding recordkeeping provisions. Commissioner Adler seconded the motion. The Commission discussed the amendment. The Chairman called for a vote on the amendment. The Commission voted (2-1) to not adopt the motion. Chairman Tenenbaum and Commissioner Adler voted to not adopt the motion. Commissioner Nord voted to adopt the motion.

 

Commissioner Adler moved that the Commission adopt an amendment to his substitute proposed 1110 rule to include a request for comment about the recordkeeping provision in proposed § Ill 0.17. Chairman Tenenbaum seconded the motion. Chairman Tenenbaum called for a discussion about the motion. The Commission discussed the issue. The Chairman called for a vote on the motion. The Commission voted unanimously (3-0) to adopt the motion.

 

Commissioner Adler moved that the Commission adopt an amendment to his substituteproposed 1110 rule to include a request for comment about the recordkeeping provision inproposed § Ill 0.17. Chairman Tenenbaum seconded the motion. Chairman Tenenbaum called for a discussion about the motion. The Commission discussed the issue. The Chairman called for a vote on the motion. The Commission voted unanimously (3-0) to adopt the motion.

 

Commissioner Nord moved to include a second request for comment regarding proposed § 1110.9(c) concerning electronic certificates and ways to make that information available only to the agency, Customs and Border Patrol, distributors, and retailers. Commissioner Adler seconded the motion. The Commission discussed the question. The Chairman called for a voteon the motion. The Commission voted unanimously (3-0) to adopt the motion.

 

Commissioner Nord moved to include a third request for comment regarding proposed § 1110.1l(a)(4) to seek comment on the requirement to list all applicable consumer product safety rules, bans, standards, or regulations on a certificate when one rule subsumes another applicable consumer product safety rule. Commissioner Adler seconded the motion. The Commission discussed the question. The Chairman called for a vote on the motion. The Commission voted (2-1) to not adopt the motion. Chairman Tenenbaum and Commissioner Adler voted to not adopt the motion. Commissioner Nord voted to adopt the motion.

 

The Chairman recalled for consideration the original motion introduced by Commissioner Adler that the Commission approve the substitute proposed rule amending § 1110, as amended. The Chairman called for a vote on the amendments. The Commission voted (2-1) to adopt the motion. Chairman Tenenbaum and Commissioner Adler voted to adopt the motion. Commissioner Nord voted to not adopt the motion.

 

Commissioner Adler moved that the Commission approve the substitute notice of proposed rulemaking (NPR) for publication in the Federal Register with the changes to the substitute notice as directed and direct the staff to revise section 7 of the NPR to make any necessary conforming changes so that the Paperwork Reduction Act analysis reflects the changes made to § 1110.17 in the substitute NPR. Chairman Tenenbaum seconded the motion.

 

Commissioner Adler moved that the Commission approve Commissioner Adler's substitute notice as amended by the amendments made this morning. Chairman Tenenbaum seconded the motion and called for the vote. The Commission voted unanimously (3-0) toapprove the motion. On May 6, 2013, Commissioner Nord exercised her right to change her original vote and voted to not adopt the motion. Therefore, the final Commission vote isrecorded as 2-1 to approve the motion. Chairman Tenenbaum and Commissioner Adler voted to adopt the motion. Commissioner Nord voted to not adopt the motion.

 

The Chairman recalled for consideration Commissioner Adler's motion that the Commission approve the substitute notice of proposed rulemaking (NPR), as amended, for publication in the Federal Register with the changes to the substitute notice as directed and direct the staff to revise § 7 of the NPR and make any necessary conforming changes so that the Paperwork Reduction Act analysis reflects the changes made to § 1110.17 in the substitute NPR. Chairman Tenenbaum called for the vote. The Commission voted unanimously (3-0) to approvethe motion.

 

Commissioner Nord submitted the attached statement and supplemental statement regarding this matter. Chairman Tenenbaum and Commissioner Adler submitted the attached joint statement regarding this matter.

 

There being no other business, Chairman Tenenbaum adjourned the meeting at 11 :56

 

Todd A. Stevenson's Signatures

 

Attachment: Statement of Commissioner Nord

Joint Statement of Chairman Tenenbaum and Commissioner Adler

Supplemental Statement of Commissioner Nord