Chairman Elliot F. Kaye convened the February 24, 2016, 10:00 a.m., meeting oftheU.S. Consumer Product Safety Commission in open session. Commissioners Robert S. Adler,Marietta S. Robinson, Ann Marie Buerkle and Joe P. Mohorovic were also in attendance.
Decisional Matter: Fiscal Year ("FY") 2016 Operating Plan (Briefing package dated January 15, 2016)
After introducing the matters on the agenda and making an opening statement, ChairmanKaye called for any questions for the staff. Robert "Jay" Howell, Deputy Executive Director forSafety Operations, Jay Hoffman, Director, Office of Financial Management, and James Baker,Director of the Division of Planning, Budget and Evaluation, were present to respond toquestions. Commissioner Buerkle asked questions regarding staff activities with crumb rubberplayground surfaces. Hearing no other questions, Chairman Kaye called for any motions.
Commissioner Robinson, jointly with Commissioner Mohorovic, moved to amend theoperating plan to collect more data and briefing materials regarding furniture tip-overs.Commissioner Robinson explained the amendment. (A copy of the Robinson/Mohorovicproposed amendment is attached.) Commissioner Buerkle seconded the motion. After a discussion of the motion, the Commission voted unanimously (5-0) to adopt the amendment.
Chairman Kaye called for any other motions. Commissioner Buerkle moved to amendthe operating plan under Upholstered Furniture Flammability Rulemaking to prepare a briefing package on California's Technical Bulleting TB-117-2013 on the feasibility, benefits and costsof adopting TB 117-2013 as a mandatory national standard by September 2016. Commissioner Robinson seconded the motion. (A copy of the proposed amendment proposed by Commissioner Buerkle is attached.) Commissioner Buerkle explained the amendment. After a discussion ofthe motion, the Commission voted unanimously (5-0) to adopt the amendment.
Chairman Kaye called for any other motions. Commissioner Buerkle moved to amendthe operating plan under Upholstered Furniture Flammability Rulemaking to prepare a briefing package on California's Technical Bulleting TB-117-2013 on the feasibility, benefits and costsof adopting TB 117-2013 as a mandatory national standard by September 2016. CommissionerRobinson seconded the motion. (A copy of the proposed amendment proposed by CommissionerBuerkle is attached.) Commissioner Buerkle explained the amendment. After a discussion ofthe motion, the Commission voted unanimously (5-0) to adopt the amendment.
Commissioner Buerkle submitted the attached statement on the vote requiring the staff topresent its analysis of TB 117 to the Commission by September 2016.
Chairman Kaye called for any other motions. Commissioner Buerkle moved that theCommission direct the staff to report to the Commission, in connection with the midyearadjustments to the FY 2016 operating plan, an estimate of the cost of providing for the electronicsubmission of monthly progress reports when required as part of a corrective action plan.Commissioner Adler seconded the motion. (A copy of the proposed motion proposed by Commissioner Buerkle is attached.) Commissioner Buerkle explained the motion. After adiscussion of the motion, the Commission voted unanimously (5-0) to adopt the motion.
Chairman Kaye moved that the Commission approve the underlying FY 2016 Operating Plan document, recommended by the Executive Director, as amended. Hearing no discussion,Chairman Kaye called for votes. The Commission voted unanimously (5-0) to adopt the FY2016 Operating Plan, as amended.
Chairman Kaye called for any closing statements on this matter. The Commissioners each made closing statements about the FY 2016 Operating Plan, as amended.
Decisional Matter: Enforcement Policy on General Conformity Certificates ("GCCs") for AdultWearing Apparel Exempt for Testing
Chairman Kaye opened up this portion of the meeting and called for Commissioner Mohorovic to explain the issue. Commissioner Mohorovic moved that the Commission exercise enforcement discretion such that manufacturers and importers of adult wearing apparel made of fabric exempt from testing under the Flammable Fabrics Act and subject to no other CPSC regulation, do not need to furnish certificates where the sole function of the certificate would beto restate the exemption and direct the staff to send to the Federal Register ( "FR ") a notice setting forth this policy. Commissioner Buerkle seconded the motion. (A copy of the proposed Statement of Policy on Enforcement Discretion Regarding General Conformity Certificates for Adult Wearing Apparel Exempt from Testing is attached.) Commissioner Mohorovic further explained the specific technical details of the policy, including the historical facts and the need for the enforcement discretion.
Chairman Kaye thanked Commissioner Mohorovic for the motion and thanked the staff for its work providing information for the proposed policy and called for any Commission questions and discussion. After discussion, Chairman Kaye called for the vote. The Commission voted unanimously (5-0) to adopt the motion and the policy on enforcement discretion regarding GCCs for adult wearing apparel exempt for testing and direct the staff to public a notice in the FR setting forth this policy.
Chairman Kaye called for any closing statements. The Commissioners each made closing statements. There being no other business, Chairman Kaye adjourned the meeting at 11:45 a.m.
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