Chairman Elliot F. Kaye convened the May 12,2015, 9:00a.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: Fiscal Year ("FY") 2015 Midyear Review and Proposed Operating Plan Adjustments
(Briefing package dated April 30, 2015)
After introducing the matter and making an opening statement, Chairman Kaye asked questions of the staff. Patricia Adkins, Executive Director, Robert Howell, Deputy Executive Director for Safety Operations, De Wane 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. Chairman Kaye called for any opening statementsor questions. The Commissioners made opening statements and asked questions of the staff.
Chairman Kaye called for motions for amendments and stated that he was offering amendments that are entitled the "Manager's Amendment" to the FY 2015 operating plan that incorporate amendments of the Commissioners. Chairman Kaye explained the portions of the amendments regarding "Retrospective Review" of regulations and burden reduction/assurance compliance work. Chairman Kaye called for the other Commissioners to discuss their portions of the amendments. Commissioner Adler discussed the amendments concerning all-terrain vehicles and portable generators. Commissioner Robinson discussed the amendments related to"Open Data" projects. Commissioner Buerkle discussed the amendments concerning the National Emergency Incident Surveillance System ("NEISS") and the inclusion of the manufactured textile project to reduce testing burdens. Commissioner Mohorovic discussed the project to review and update delegations of authorities. Chairman Kaye called for a second tothe motion on the "Manager's Amendment." Commissioner Buerkle seconded the motion. After a brief discussion of the amendments, Chairman Kaye called for the vote. The Commission voted unanimously (5-0) to adopt the "Manager's Amendment." (The adopted amendments are attached.)
Chairman Kaye called for other amendments. Commissioner Buerkle moved to amend portions of the midyear recommendations for the window coverings project and explained the amendment. Chairman Kaye seconded the motion. The Commissioners discussed the amendment. Chairman Kaye called for the vote on the motion. The Commission voted (3-2) to not adopt Commissioner Buerkle's motion and amendment. Chairman Kaye and Commissioner Adler and Commissioner Robinson voted to not adopt Commissioner Buerkle's amendment. Commissioner Buerkle and Commissioner Mohorovic voted to adopt Commissioner Buerkle's amendment. (The proposed amendment not adopted is attached.)
Chairman Kaye called for other amendments. Commissioner Mohorovic moved to amend the operating plan to withdraw the voluntary recall rule from the FY 2015 operating plan and he explained the amendment. Commissioner Buerkle seconded the motion. The Commissioners discussed the amendment. Chairman Kaye called for the vote on the motion. The Commission voted (3-2) to not adopt the motion and amendment. Chairman Kaye and Commissioner Adler and Commissioner Robinson voted to not adopt the amendment.Commissioner Buerkle and Commissioner Mohorovic voted to adopt the amendment. (The proposed amendment not adopted is attached.)
Chairman Kaye called for other amendments. Commissioner Mohorovic moved to amend the operating plan to withdraw the rule on information disclosure set forth in Section 6(b) of the Consumer Product Safety Act and he explained the amendment. Commissioner Buerkle seconded the motion. The Commissioners discussed the amendment. Chairman Kaye called for the vote on the motion. The Commission voted (3-2) to not adopt the motion and amendment.Chairman Kaye and Commissioner Adler and Commissioner Robinson voted to not adopt the amendment. Commissioner Buerkle and Commissioner Mohorovic voted to adopt the amendment. (The amendment not adopted is attached.)
Chairman Kaye called for other amendments. Commissioner Mohorovic moved to amend the operating plan to extend the work on phthalates to allow the public to comment on the staff analysis for data that was not included in earlier staff analyses and he explained the amendment. Commissioner Buerkle seconded the motion. The Commissioners discussed the amendment. Chairman Kaye called for the vote on the motion. The Commission voted (3-2) to not adopt the motion and amendment. Chairman Kaye and Commissioner Adler and Commissioner Robinson voted to not adopt the amendment. Commissioner Buerkle and Commissioner Mohorovic voted to adopt the amendment. (The proposed amendment not adopted is attached.)
Chairman Kaye called for other amendments. Commissioner Mohorovic moved to amend the operating plan to supplement the campaign regarding television and furniture tipovers and explained the amendment. Commissioner Buerkle seconded the motion. The Commissioners discussed the amendment. Chairman Kaye called for the vote on the motion.The Commission voted ( 4-1) to not adopt the motion and amendment. Chairman Kaye and Commissioner Adler, Commissioner Robinson and Commissioner Buerkle voted to not adopt the amendment. Commissioner Mohorovic voted to adopt the amendment. (The proposed amendment not adopted is attached.)
Chairman Kaye called for other amendments. Commissioner Mohorovic moved to amend the operating plan to supplement the carbon monoxide information and education campaign and he explained the amendment. Commissioner Buerkle seconded the motion. The Commissioners discussed the amendment. Chairman Kaye called for the vote on the motion. The Commission voted ( 4-1) to not adopt the motion and amendment. Chairman Kaye and Commissioner Adler, Commissioner Robinson and Commissioner Buerkle voted to not adopt the Page 3, Record of Commission Action Commissioners Voting at Open Decisional Meeting, May 12, 2015 amendment. Commissioner Mohorovic voted to adopt the amendment. (The proposed amendment not adopted is attached.)
Chairman Kaye moved for final passage of the staff drafted midyear plan as amended by the Commission's agreement of the "Manager's Amendment." Commissioner Buerkle seconded the motion. Chairman Kaye called for the vote. The Commission voted unanimously (5-0) to accept the staffs draft for the FY 2015 midyear review and proposed operating plan adjustments as amended.
Chairman Kaye called for any closing statements. The Commissioners each made closing statements. There being no other business, Chairman Kaye adjourned the meeting at 11:42 a.m.
For the Commission:
Todd A. Stevenson
Secretariat
Attachments:
Adopted "Manager's Amendment" of the Commissioners