RCA: Minutes of Open Decisional Meeting: Electronic Filing of Certificates of Compliance Announcement of PGA Message Set Test and Request for Participants

August 12, 2015

Final

Record of Commission Action

(Briefing Package June 19, 2015)

Decision

Chairman Elliot F. Kaye convened the August 12, 2015, 9:00a.m., meeting ofthe U.S.Consumer Product Safety Commission in open session. Commissioners RobertS. Adler,Marietta S. Robinson, Ann Marie Buerkle and Joe P. Mohorovic were in attendance.

After introducing the matter and making an opening statement, Chairman Kaye movedthat the Commission adopt an amendment in the form of a substitute of the staff draft of theFederal Register (FR) notice "Electronic Filing of Targeting/Enforcement Data: Announcement of PGA Message Set Test and Request for Participants." (A copy of the Kaye proposedsubstitute notice is attached). Commissioner Adler seconded the motion. After Chairman Kaye explained the motion and before calling for any votes, he called for any amendments.

Commissioner Buerkle moved to amend the substitute prepared by Chairman Kaye of thedraft FR notice to reduce the number of required data items or sets to two. (A copy of theBuerkle proposed amendment is attached.) Commissioner Robinson seconded the motion.

After a discussion of the motion, the Commission voted ( 4-1) to not adopt the amendment. ChairmanKaye, Commissioner Adler, Commissioner Robinson and Commissioner Mohorovic voted to notadopt amendment. Commissioner Buerkle voted to adopt the amendment.

Commissioner Mohorovic moved to amend the substitute prepared by Chairman Kaye ofthe draft FR notice to insert that the consumer products covered by the pilot program wouldinclude three specified products included on the Substantial Product Hazard List establishedunder 15G) of the Consumer Product Safety Act. (A copy of the Mohorovic proposedamendment is attached.) Commissioner Adler seconded the motion. After an explanation anddiscussion of the motion, the Commission voted ( 4-1) to adopt the amendment. Chairman Kaye,Commissioner Adler, Commissioner Robinson and Commissioner Mohorovic voted to adopt theamendment. Commissioner Buerkle voted to not adopt the amendment.

Commissioner Mohorovic moved to amend the substitute prepared by Chairman Kaye ofthe draft FR notice to insert that the consumer products covered by the pilot program wouldinclude three specified products included on the Substantial Product Hazard List establishedunder 15G) of the Consumer Product Safety Act. (A copy of the Mohorovic proposedamendment is attached.) Commissioner Adler seconded the motion. After an explanation and discussion of the motion, the Commission voted (4-1) to adopt the amendment.

Chairman Kaye,Commissioner Adler, Commissioner Robinson and Commissioner Mohorovic voted to adopt the amendment. Commissioner Buerkle voted to not adopt the amendment.Chairman Kaye moved that the Commission approve the substitute finale-filingamendment, as amended by the Commissioner Mohorovic amendment, of the FR notice"Electronic Filing of Targeting/Enforcement Data: Announcement of PGA Message Set Test andRequest for Participants." Commissioner Adler seconded the motion. After discussion of theefilingsubstitute as amended, Chairman Kaye called for votes. Chairman Kaye, Commissioner Adler, Commissioner Robinson and Commissioner Mohorovic voted to adopt the substitutenotice, as amended. Commissioner Buerkle voted to not adopt the substitute notice, as amended.

Chairman Kaye moved that the Commission approve the substitute e-filing amendment,as amended and publish in the FR. Commissioner Adler seconded the motion. Hearing nodiscussion, Chairman Kaye called for votes. Chairman Kaye, Commissioner Adler,Commissioner Robinson and Commissioner Mohorovic voted to approve e-filing amendmentand publish the notice in the FR.

Chairman Kaye called for any closing statements. The Commissioners each madeclosing statements. There being no other business, Chairman Kaye adjourned the meeting at11:30 a.m.

Commissioner Buerkle filed the attached statement dated December 16, 2015, regardingthis matter.