Chairman Elliot F. Kaye convened the November 2, 2016, 9:30 a.m., meeting of the U.S. Consumer Product Safety Commission in open session. Commissioners Marietta S. Robinson and Joe P. Mohorovic were in attendance. Commissioners Robert S. Adler and Ann Marie Buerkle participated by telephone.
Decisional Matter: Proposed Rule: Portable Generators (Briefing package dated October 5, 2016 and OS No. 3986)
After introducing the matter and making an opening statement, Chairman Kaye called for any opening statements or questions. Present to respond to any questions were Janet Buyer, Project Manager, Directorate for Engineering Sciences, and Barbara Little, Attorney, Office of General Counsel. The Commissioners declined to make any statements or ask questions at this point.
Chairman Kaye moved that Federal Register (FR) notice for the notice of proposed rulemaking (NPR) for portable generators be amended to include the “Portable Generators NPR Manager’s Amendment, Request for Comments” that adds text to the notice. Commissioner Robinson seconded the motion. Chairman Kaye explained the purpose of the amendment and the Commission discussed the amendments. After the discussion, Chairman Kaye called for a vote on the matter. The Commission voted unanimously (5-0) to adopt Chairman Kaye’s motion and amendment. (The adopted amendment is attached.)
Chairman Kaye called for any other motions. Commissioner Mohorovic moved that the NPR notice be amended to include “Ex Ante Retrospective Review” text seeking comments regarding ex ante criteria for retrospective review of this rule. Commissioner Robinson 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 unanimously (5-0) to adopt Commissioner Mohorovic’s motion and amendment. (The adopted amendment is attached.)
Chairman Kaye called for any other motions or discussion. Hearing none, Chairman Kaye moved that the Commission approve the NPR notice, as amended, and publish it in the FR. Chairman Kaye called for any discussion of the motion. Hearing none, Chairman Kaye called for a vote on the matter. The Commission voted (4-1) to adopt Chairman Kaye’s motion and approve the NPR for portable generators, as amended and publish it in the FR. Chairman Kaye, Commissioner Adler and Commissioner Robinson and Commissioner Mohorovic voted to approve the NPR. Commissioner Buerkle voted to not approve the NPR.
Chairman Kaye called for any closing statements. The Commissioners each made closing statements. There being no other business, Chairman Kaye adjourned the meeting at 10:25 a.m.