Acting Chairman Robert S. Adler convened the May 6, 2014, 10:30 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: Fiscal Year (2014) Midyear Review and Proposed Operating Plan Adjustments
(Briefing package dated April 30, 2014)
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. Commissioner Buerkle asked staff questions about an exposure survey for all-terrain vehicles and safety information and education programs, including a program for television and furniture tip-overs. Robert Howell, Deputy Executive Director for Safety Operations, De Wayne Ray, Deputy Executive Director for Operations Support, Jay Hoffman, Chief Financial Officer, and Scott Wolfson, Director of the Office of Communications responded to the questions. TheCommissioners commented further on the issues.
Acting Chairman Adler called for motions for amendments and stated that he was withdrawing an amendment regarding all-terrain vehicles.
Acting Chairman Adler moved that the Commission adopt an amendment to elevate a project regarding toxicity reviews on flame retardants in children's products from project number four to project number two. Acting Chairman Adler summarized and described the amendment. Commissioner Buerkle seconded the motion. Acting Chairman Adler called for discussion and questions on the amendment. The Commissioners commented and discussed the amendment. Acting Chairman Adler called for the vote on the motion. The Commission voted unanimously (3-0) to adopt the amendment. (The adopted amendment is attached,)
Acting Chairman Adler called for any other motions.
Commissioner Buerkle moved to adopt an amendment to change the milestone for staff's FY 2014 work on recreational off-highway vehicles from a notice of proposed rulemaking (NPR) to data analysis (DA/TR). Acting Chairman Adler seconded the motion. Commissioner Buerkle described and explained her amendment. The Commissioners discussed Commissioner Buerkle's amendment. Acting Chairman Adler called for the vote on the motion. The Commission voted (2-1) to not adopt Commissioner Buerkle's motion and amendment. Acting Chairman Adler and Commissioner Robinson voted to not adopt Commissioner Buerkle's amendment and Commissioner Buerkle voted to adopt her amendment. (The amendment not adopted is attached,)
Commissioner Buerkle moved to adopt an amendment to add a project for the FY 2014 operating plan to develop a CPSC plan for reducing third party testing burdens. Acting Chairman Adler seconded the motion. Commissioner Buerkle described and explained her amendment to the operating plan. The Commissioners discussed Commissioner Buerkle's amendment. Acting Chairman Adler called for the vote on the motion. The Commission voted (2-1) to not adopt Commissioner Buerkle's motion and amendment. Acting Chairman Adler and Commissioner Robinson voted to not adopt Commissioner Buerkle's amendment and Commissioner Buerkle voted to adopt her amendment. (The amendment not adopted is attached,)
Acting Chairman Adler moved to remove the item project number one, "Accelerate All Terrain Vehicle (ATV) Data Analysis," and postpone the vote on that item until Friday May 9,2014, and direct staff to provide an appropriate ballot sheet. Acting Chairman Adler explained that the amendment will allow the Commissioners and staff to further discuss and consult on the ATV exposure study. Commissioner Robinson seconded the motion. Acting Chairman Adler called for the vote on the motion. The Commission voted unanimously (3-0) to adopt the amendment.
Acting Chairman Adler moved to accept the staff's draft for the FY 2014 midyear review and proposed operating plan adjustments as amended. Commissioner Buerkle seconded the motion. Acting Chairman Adler called for any discussion. Hearing none, Acting Chairman called for the vote. The Commission voted unanimously (3-0) to accept the staff's draft for the FY 2014 midyear review and proposed operating plan adjustments as amended.
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 12:15 p.m.
On May 9, 2014, the Commission voted unanimously (3-0) to approve reallocation of $1.5 million for all-terrain vehicle data analysis, as requested in the Executive Director's recommendations for FY 2014 Midyear Review and Proposed Operating Plan Adjustments with changes. Acting Chairman Adler and Commissioner Robinson voted for the same changes. Commissioner Buerkle voted for different changes. The Record of Commission Action with the proposed changes approved by Acting Chairman Adler and Commissioner Robinson and the changes proposed by Commissioner Buerkle that were not approved is attached.
Attachments:
Proposed Adopted Amendment of Acting Chairman Adler
Proposed Amendments Not Adopted of Commissioner Buerkle
Record of Commission Action for the May 9, 2014 Ballot Vote Regarding the ATV Project