Draft Commission Meeting Minutes: Decisional Meeting: Notice of Proposed Rulemaking: Amendment to Regulation on Information Disclosure Under Section 6(b) of the CPSA

CPSC's Commision meeting minutes regarding the Commission approved updates of the CPSA section 6(b) regulation, including their consideration of several various other amendments.
February 12, 2014

Acting Chairman Robert S. Adler convened the February 12, 2014, 10:00 a.m., meeting of the U.S. Consumer Product Safety Commission in open session.  Commissioners Marietta S. Robinson and Ann Marie Buerkle were in attendance.  Acting Chairman Adler made welcoming remarks and summarized the matter.

 

Decisional Matter: Notice of Proposed Rulemaking: Amendment to Regulation on Information Disclosure Under Section 6(b) of the Consumer Product Safety Act

(Briefing package dated Jan. 14, 2014, OS No. 4978)

 

After introducing the matter and making an opening statement, Acting Chairman Adler called for any opening statements or questions.  Commissioners Robinson and Buerkle made opening statements.  Acting Chairman Adler called for any questions of the staff.  The Commissioners  commented and asked questions of the staff on the matter. Melissa Hampshire, Supervisory General Attorney, Amy Colvin, General Attorney, and Alberta Mills, Supervisory Government Information Specialist responded to the questions.

 

Acting Chairman Adler moved, on behalf of himself and Commissioner Robinson, that the Commission adopt an amendment in the nature of a substitute to the proposed update to the 1101 rule (“substitute proposed rule”).  Acting Chairman Adler summarized and described the amendment in the nature of a substitute, which included combined amendments from Acting Chairman Adler and Commissioner Robinson.  Commissioner Robinson seconded the motion. Acting Chairman Adler called for discussion and questions on the substitute proposed rule.  The Commissioners commented and discussed the substitute proposed rule.

 

Acting Chairman Adler called for any amendments to the substitute proposed rule.

 

Commissioner Buerkle moved to adopt an amendment to the substitute proposed rule. regarding publicly available information and information initiated by the agency.  Acting Chairman Adler seconded the motion in the interest of discussion.  Commissioner Buerkle described and explained her amendment to the substitute proposed rule.  The Commissioners discussed Commissioner Buerkle’s amendment.  Acting Chairman Adler called for the vote on the motion.  The Commission voted (2-1) not to adopt Commissioner Buerkle’s motion and amendment.  Acting Chairman Adler and Commissioner Robinson voted not to adopt Commissioner Buerkle’s amendment and Commissioner Buerkle voted to adopt her amendment.

 

Commissioner Buerkle moved to adopt an amendment to the substitute proposed rule regarding the re-notification provisions of the proposed rule.  Acting Chairman Adler seconded the motion.  Commissioner Buerkle described and explained her amendment to the substitute proposed rule.  The Commissioners discussed Commissioner Buerkle’s amendment.  Acting Chairman Adler called for the vote on the motion.  The Commission voted (2-1) not to adopt Commissioner Buerkle’s motion and amendment.  Acting Chairman Adler and Commissioner Robinson voted not to adopt Commissioner Buerkle’s amendment and Commissioner Buerkle voted to adopt her amendment.

 

Acting Chairman Adler called for any other amendments.  Commissioner Buerkle moved to adopt an amendment to the substitute proposed rule regarding honoring a firm’s request to not disclose their comments.  Acting Chairman Adler seconded the motion.  Commissioner Buerkle described and explained her amendment to the substitute proposed rule.  The Commissioners discussed Commissioner Buerkle’s amendment.  Acting Chairman Adler called for the vote on the motion.  The Commission voted (2-1) not to adopt Commissioner Buerkle’s motion and amendment.  Acting Chairman Adler and Commissioner Robinson voted not to adopt Commissioner Buerkle’s amendment and Commissioner Buerkle voted to adopt her amendment.

 

Commissioner Buerkle moved to adopt an amendment to the substitute proposed rule regarding public ability to ascertain readily the identity of a manufacturer or private labeler. Commissioner Buerkle’s amendment would direct staff to do a section 6(b) notice if there is a question whether or not to do a section 6(b) notice.  Acting Chairman Adler seconded the motion.  Commissioner Buerkle described and explained her amendment to the substitute proposed rule.  The Commissioners discussed Commissioner Buerkle’s amendment.  Acting Chairman Adler called for the vote on the motion.  The Commission voted (2-1) not to adopt Commissioner Buerkle’s motion and amendment.  Acting Chairman Adler and Commissioner Robinson voted not to adopt Commissioner Buerkle’s amendment and Commissioner Buerkle voted to adopt her amendment.

 

Commissioner Buerkle proposed to add language that would ask the public to comment on whether a voluntary recall corrective action plan is the same as a remedial settlement agreement, as referenced in section 6(b)(5).  Commissioner Buerkle described the purpose of the request for comment to the substitute proposed rule.  The Commissioners discussed whether this question should be an amendment or a matter of discussion in this meeting. Commissioner Buerkle stated she was not raising it as an amendment but a matter for discussion.  General Counsel Stephanie Tsacoumis stated that this a topic where counsel has given privileged advice. Acting Chairman Adler stated they were not prepared for this issue and would not discuss it in the meeting, but would be willing to discuss at the meeting for the final vote.

 

Acting Chairman Adler called the question on the original motion pending, which was the amendment in the nature of a substitute on behalf of himself and Commissioner Robinson. Acting Chairman Adler called for the vote.  The Commission voted (2-1) to adopt the amendment.  Acting Chairman Adler and Commissioner Robinson voted to adopt the amendment.  Commissioner Buerkle voted to not adopt the amendment.  The motion to approve the amendment in the nature of a substitute passed.

 

Acting Chairman Adler moved to approve for publication in the Federal Register the approved amendment in the nature of the substitute.  Commissioner Robinson seconded the motion.  Acting Chairman Adler called for any discussion.  Hearing none, Acting Chairman called for the vote.  The Commission voted (2-1) to publish the approved amendment in the nature of a substitute.  Acting Chairman Adler and Commissioner Robinson voted to publish the approved amendment in the Federal Register.  Commissioner Buerkle voted to not publish the approved amendment.

 

Acting Chairman Adler called for any closing statements.  The Commissioners each made closing statements.

 

There being no other business, Acting Chairman Adler adjourned the meeting at 11:45 a.m.

 

Acting Chairman Adler and Commissioner Buerkle issued the attached statements regarding this matter.

 

For the Commission:

 

Todd A. Stevenson

Secretary 

 

Attachments:  

Statement of Acting Chairman Adler

Statement of Commissioner Buerkle