Draft Commission Meeting Minutes: Decisional Matter on Fiscal Year 2014 Operating Plan

November 20, 2013

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Chairman Inez M. Tenenbaum convened the November 20, 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.  Robert J. Howell, Deputy Executive Director for Safety Operations and Jay Hoffman, Director, Office of Financial Management, Planning and Evaluation, were present to respond to questions.  

 

Decisional Matter: Fiscal Year 2014 Operating Plan

(Briefing package dated October 23, 2013, OS No. 4482)

 

After introducing the matter, Chairman Tenenbaum called for any comments or questions.  The Commissioners each deferred from comments on the matters and discussed and thanked Chairman Tenenbaum for her service as Chairman.

 

Chairman Tenenbaum called for any amendments.  Before any amendments were presented, Commissioner Buerkle asked questions of the staff on the matter.

 

Chairman Tenenbaum moved that the Commission consider amendments to reduce third party testing costs while still assuring compliance.  (Amendments attached.) Commissioner Adler seconded the motion.  Chairman Tenenbaum explained her amendment.  The Commission discussed the amendment.  Chairman Tenenbaum called for a vote.  The Commission voted unanimously (4-0) to adopt the Chairman's amendment. 

 

Chairman Tenenbaum called upon Commissioner Adler to introduce his amendment.  Commissioner Adler moved that the Commission adopt an amendment regarding a project to re-propose a draft notice of proposed rulemaking for All-Terrain Vehicles and conduct other specific information-gathering work.  (Amendment attached.)  Commissioner Robinson seconded the motion.  Commissioner Adler explained his amendment.  The Commission discussed the amendment.  Chairman Tenenbaum called for a vote.  The Commission voted unanimously (4-0) to adopt the amendment. 

 

Chairman Tenenbaum called upon Commissioner Buerkle to introduce her motion.  Commissioner Buerkle moved that the Commission adopt an amendment regarding flammable refrigerants.  (Amendment attached.)  Chairman Tenenbaum seconded the motion.  Commissioner Buerkle explained her amendment.  The Commission discussed the amendment.  Chairman Tenenbaum called for a vote.  The Commission voted unanimously (4-0) to adopt the amendment. 

 

Chairman Tenenbaum called upon Commissioner Buerkle to introduce her second amendment.  Commissioner Buerkle moved that the Commission adopt an amendment to have the staff initiate a study of equivalent tests in international safety standards.  (Amendment attached.)  Commissioner Buerkle explained her amendment.  The Commission discussed the amendment.  Chairman Tenenbaum called for a vote.  The Commission voted (3-1) not to adopt Commissioner Buerkle’s amendment.  Chairman Tenenbaum and Commissioners Adler and Robinson voted not to adopt the amendment and Commissioner Buerkle voted to adopt the amendment.     

 

Chairman Tenenbaum called upon Commissioner Adler make another motion.   Commissioner Adler moved that the Commission adopt an amendment in response to Commissioner Buerkle’s equivalence amendment that would call for determinations of equivalency between tests administered in CPSC’s regulations and international standards. Commissioner Robinson seconded the motion.  (Amendment attached.)  Commissioner Adler explained his amendment.  The Commission discussed the amendment.  Chairman Tenenbaum called for a vote.  The Commission voted (3-1) to adopt the amendment.  Chairman Tenenbaum and Commissioners Adler and Robinson voted to adopt the amendment and Commissioner Buerkle voted to not adopt the amendment.

 

Chairman Tenenbaum called upon Commissioner Buerkle to introduce another amendment.  Commissioner Buerkle moved that the Commission adopt an amendment to have the staff prepare a letter to Congress explaining the staff recommendation from “Consideration of Opportunities to Reduce Third Party Testing Costs Consistent with Assuring the Compliance of Children’s Products,” and to indicate the agency lacks the authority to implement this recommendation.  (Amendment attached.)  Commissioner Adler seconded the motion.  Commissioner Buerkle explained her amendment.  The Commission discussed the amendment.  Chairman Tenenbaum called for a vote.  The Commission voted (3-1) not to adopt Commissioner Buerkle’s amendment.  Chairman Tenenbaum and Commissioners Adler and Robinson voted not to adopt the amendment and Commissioner Buerkle voted to adopt the amendment.     

 

 Chairman Tenenbaum called the vote to approve as amended the 2014 fiscal year operating plan and publish it in the Federal Register.  The Commission voted unanimously (4-0) to approve the 2014 fiscal year operating plan as amended and published it in the FR.   

 

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

 

Commissioner Buerkle submitted the attached statement regarding the matter.

 

For the Commission:

 

Todd A. Stevenson

Secretary

 

Attachments: