Chairman Elliot F. Kaye convened the August 31, 2016, 10:00 a.m., meeting of the U.S. Consumer Product Safety Commission in open session. Commissioners Robert S. Adler, Marietta S. Robinson, Ann Marie Buerkle and Joe P. Mohorovic were in attendance.
Decisional Matter: Regulatory Agenda and Plan for Fall 2016
(Briefing package dated August 24, 2016, OS No. 3719)
After introducing the matter and making an opening statement, Chairman Kaye asked questions of the staff. Patricia Adkins, Executive Director, De Wane Ray, Deputy Executive Director for Safety Operations, George Borlase, Assistant Executive Director for Hazard Identification and Reduction, and Patricia Pollitzer, Assistant General Counsel for RegulatoryAffairs, responded to the questions. Chairman Kaye called for any opening statements or questions. The Commissioners made opening statements and asked questions of the staff.
Chairman Kaye called for motions for amendments. Commissioner Buerkle moved that the Regulatory Agenda and Plan for Fall 2016 be amended to change the Agenda Review Reportentry for Voluntary Recalls Notices to provide a date of September 30, 2017 for the final rule briefing package . Commissioner Mohorovic seconded the motion. Commissioner Buerkle explained the purpose of the amendment and the Commission discussed the amendment. After the discussion, Chairman Kaye called for a vote on the matter. The Commission voted ( 4-1) to not adopt Commissioner Buerkle's motion and amendment. Chairman Kaye, Commissioner Adler, Commissioner Robinson and Commissioner Mohorovic voted to not adopt Commissioner Buerkle's amendment. Commissioner Buerkle voted to adopt Commissioner Buerkle's amendment.
Chairman Kaye called for any other motions for amendments. Commissioner Buerkle moved that the Regulatory Agenda and Plan for Fall 2016 be amended to change the Agenda Review Report entry for Regulation on Information Disclosure Under Section 6(b) to provide a date of September 30, 2017 for the final rule briefing package. Commissioner Robinson seconded the motion. Commissioner Buerkle explained the purpose of the amendment and the Commission discussed the amendment. After the discussion, Chairman Kaye called for a vote on the matter. The Commission voted (4-1) to not adopt Commissioner Buerkle's motion and amendment. Chairman Kaye, Commissioner Adler, Commissioner Robinson and Commissioner Mohorovic voted to not adopt Commissioner Buerkle's amendment. Commissioner Buerkle voted to adopt Commissioner Buerkle's amendment.
Chairman Kaye called for any other motions for amendments. Commissioner Mohorovic moved that the Regulatory Agenda and Plan for Fall 2016 be amended to add to the Regulatory Plan certain projects, specifically, Window Coverings, Phthalates, Table Saws, Portable Generators and Rule Review of Flammability (Open Flame) of Mattress Sets. Commissioner Buerkle seconded the motion. Commissioner Mohorovic explained the purpose of the amendment and the Commission discussed the amendment. After the discussion, Chairman Kaye called for a vote on the matter. The Commission voted (3-2) to not adopt Commissioner Mohorovic' s motion and amendment. Chairman Kaye, Commissioner Adler and Commissioner Robinson voted to not adopt Commissioner Mohorovic' s amendment. Commissioner Buerkle and Commissioner Mohorovic voted to adopt Commissioner Mohorovic's amendment. (The proposed amendment not adopted is attached.)
Chairman Kaye called for any other motions for amendments. Commissioner Mohorovic moved that action on the Regulatory Agenda and Plan for Fall 2016 be deferred, that the Executive Director with other offices be directed to evaluate the items in the Regulatory Agenda Fall 2016 to identify any items that the Executive Director does not believe the agency can reasonably anticipate achieving the stated action within the next 12 calendar months. The motion further called for the evaluation to be completed by September 1, 2016 and to reschedule the Regulatory Agenda Fall 2016 for a vote by ballot on September 2, 2016. Commissioner Buerkle seconded the motion. Commissioner Mohorovic explained the purpose of the amendment and the Commission discussed the amendment. After the discussion, Chairman Kaye called for a vote on the matter. The Commission voted (3-2) to not adopt Commissioner Mohorovic' s motion and amendment. Chairman Kaye, Commissioner Adler and Commissioner Robinson voted to not adopt Commissioner Mohorovic's amendment. Commissioner Buerkle and Commissioner Mohorovic voted to adopt Commissioner Mohorovic' s amendment. (The proposed amendment not adopted is attached.)
Chairman Kaye called for other amendments or discussion. Hearing none, Chairman Kaye moved for final passage of the staff drafted Regulatory Agenda and Plan for Fall 2016, as drafted. Commissioner Adler seconded the motion. The Commission voted (3-2) to approve the draft Regulatory Agenda and Plan for Fall 2016, as drafted. Chairman Kaye, Commissioner Adler and Commissioner Robinson voted to approve the Regulatory Agenda and Plan for Fall 2016, as drafted. Commissioner Mohorovic and Commissioner Buerkle voted to not approve the Regulatory Agenda and Plan for Fall 2016.
Chairman Kaye called for any closing statements. The Commissioners each made closing statements. There being no other business, Chairman Kaye adjourned the meeting at 12:40 p.m.
