Establishment of a Public Consumer Product Safety Incident Database: Notice of Public Workshop, 68053-68056 [E9-30376]

Download as PDF Federal Register / Vol. 74, No. 244 / Tuesday, December 22, 2009 / Notices srobinson on DSKHWCL6B1PROD with NOTICES deadline for submission of such factual information. However, the Department notes that 19 CFR 351.301(c)(1) permits new information only insofar as it rebuts, clarifies, or corrects information recently placed on the record. The Department generally cannot accept the submission of additional, previously absent-from-the-record alternative surrogate value information pursuant to 19 CFR 351.301(c)(1). See Glycine from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review and Final Rescission, in Part, 72 FR 58809 (October 17, 2007), and accompanying Issues and Decision Memorandum at Comment 2. An interested party may request a hearing within 30 days of publication of the preliminary results. See 19 CFR 351.310(c). Interested parties may submit written comments (case briefs) no later than 30 days after publication of these preliminary results of review, and rebuttal comments (rebuttal briefs), which must be limited to issues raised in the case briefs, within five days after the time limit for filing case briefs. See 19 CFR 351.309(c)(1)(ii) and 19 CFR 351.309(d). Parties who submit arguments are requested to submit with the argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Further, the Department requests that parties submitting written comments provide the Department with a compact disk containing the public version of those comments. We will issue a memorandum identifying the date and time of a hearing, if one is requested. The Department will issue the final results of this administrative review, including the results of our analysis of the issues raised by the parties in their comments, within 120 days of publication of the preliminary results, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon completion of this administration review, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of review. For assessment purposes, we calculated exporter/ importer-specific (or customer-specific) assessment rates for merchandise subject to this review. China First and Three Star did not report entered values for their U.S. sales. Therefore, we calculated a perunit assessment rate for each importer (or customer) by dividing the total VerDate Nov<24>2008 18:01 Dec 21, 2009 Jkt 220001 68053 exporter of subject merchandise from the PRC will be the rate applicable to the PRC exporter that supplied that exporter. These deposit requirements, when imposed, shall remain in effect until further notice. dumping margins for reviewed sales to that party by the total sales quantity associated with those transactions. For duty-assessment rates calculated on this basis, we will direct CBP to assess the resulting per-unit rate against the entered quantity of the subject merchandise. To determine whether the duty assessment rates are de minimis, in accordance with the requirement set forth in 19 CFR 351.106(c)(2), we calculated importer (or customer)— specific ad valorem ratios based on the estimated entered value. Where an importer-specific (or customer-specific) rate is de minimis (i.e., less than 0.50 percent), the Department will instruct CBP to liquidate that importer’s (or customer’s) entries of subject merchandise without regard to antidumping duties. As noted above, Dixon, Rongxin, and SFTC qualified for separate-rate status, and will be assigned the simple-average dumping margin based on the calculated margins of mandatory respondents which are not de minimis or based on adverse facts available, in accordance with Department practice. We will instruct CBP to assess antidumping duties on those companies’ entries equal to the margins those companies receive in the final results, regardless of the importer or customer. As explained above, the three remaining companies covered by this review, Guangdong Stationery, Tianjin Wood, and Anhui I&E, did not provide separate rate information. As a result, those three companies will be considered part of the PRC-wide entity, and their entries will be subject to the PRC-wide rate. AGENCY: Consumer Product Safety Commission. ACTION: Notice of public workshop. Cash Deposit Requirements The following cash-deposit requirements will apply to all shipments of certain cased pencils from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(1) of the Act: (1) The cash deposit rates for the reviewed companies named above will be the rates for those firms established in the final results of this administrative review; (2) for any previously reviewed or investigated PRC or non-PRC exporter, not covered in this review, with a separate rate, the cash deposit rate will be the company-specific rate established in the most recent segment of this proceeding; (3) for all other PRC exporters, the cash deposit rate will be the PRC-wide rate established in the final results of this review; and (4) the cash-deposit rate for any non-PRC SUMMARY: The Consumer Product Safety Commission (‘‘Commission’’ or ‘‘CPSC’’) is announcing a two day staff-conducted public workshop to receive views from all interested parties on establishing a public consumer product safety incident database. The workshop, to be held on January 11 and 12, 2010 in Bethesda, Maryland, seeks input from stakeholders on five aspects of the public database: Data analysis and reporting; reports of harm; manufacturer notification and response; additional database content, and materially inaccurate information. Participation by members of the public is invited. DATES: The workshop will be held from 9 a.m. to 4 p.m. on January 11 and 12, 2010, with a one hour break for lunch. Requests to make oral presentations and the written text of any oral presentation must be received by the Office of the Secretary not later than 5 p.m. Eastern Standard time (EST) on January 4, 2010. PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 Notification to Interested Parties This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing the preliminary results determination in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: December 15, 2009. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. E9–30410 Filed 12–21–09; 8:45 am] BILLING CODE 3510–DS–P CONSUMER PRODUCT SAFETY COMMISSION Establishment of a Public Consumer Product Safety Incident Database: Notice of Public Workshop E:\FR\FM\22DEN1.SGM 22DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 68054 Federal Register / Vol. 74, No. 244 / Tuesday, December 22, 2009 / Notices Written comments must be received by the Office of the Secretary not later than 5 p.m. Eastern Standard time (EST) on January 29, 2010. ADDRESSES: The public workshop will be held at CPSC’s headquarters, Bethesda Towers Building, 4330 East West Highway, Bethesda, Maryland 20814, in the 4th Floor Hearing Room. Persons interested in attending the workshop should register online at ‘‘www.cpsc.gov/meetingsignup.html.’’ The CPSC web link also has more information about the workshop, and interested persons can request to make oral presentations online. Requests to make oral presentations also can be made by sending an electronic mail (email), calling, or writing to Todd A. Stevenson, Office of the Secretary, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, Maryland 20814; e-mail cpscos@cpsc.gov; telephone (301) 504–7923; facsimile (301) 504–0127 not later than 5 p.m. EST on January 4, 2010. Written comments and texts of oral presentations should be captioned ‘‘Public Workshop on Consumer Product Incident Database’’ and further captioned by one of the five workshop topics available: ‘‘Data Analysis and Reporting;’’ ‘‘Reports of Harm;’’ ‘‘Manufacturer Notification and Response;’’ ‘‘Additional Database Content;’’ and ‘‘Materially Inaccurate Information.’’ Written comments and the texts of oral presentations should be sent by e-mail to cpsc-os@cpsc.gov, or mailed or delivered to the Office of the Secretary, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, Maryland 20814. Oral presentations must be received not later than 5 p.m. EST on January 4, 2010, and written comments must be received not later than 5 p.m. EST on January 29, 2010. The CPSC may impose time limitations on all presentations and further restrictions to avoid duplication of presentations. FOR FURTHER INFORMATION CONTACT: Ming Zhu, Office of Information & Technology Services, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; mzhu@cpsc.gov; telephone (301) 504– 7517. SUPPLEMENTARY INFORMATION: Section 212 of the Consumer Product Safety Improvement Act of 2008 (‘‘CPSIA’’) (Pub. Law 110–314) amended the Consumer Product Safety Act (‘‘CPSA’’) to create a new section 6A of the CPSA, titled ‘‘Publicly Available Consumer Product Safety Information Database.’’ Section 6A(a)(1) of the CPSA states that the Commission shall ‘‘establish and VerDate Nov<24>2008 18:01 Dec 21, 2009 Jkt 220001 maintain a database on the safety of consumer products, and other products or substances regulated by the Commission * * *’’ The statute declares that the database must be publicly available, searchable, and accessible through the Commission’s Web site. Contents of the Public Database The public database must contain: (i) Reports of harm, meaning reports of injury, illness, or death, or reports of any risk of injury, illness or death as determined by the Commission, relating to the use of consumer products or other products or substances regulated by the Commission; (ii) information derived by the Commission from voluntary and mandatory recall notices; and (iii) comments that a manufacturer or private labeler of a consumer product wants to include about a report of harm involving its product. Section 6A(b)(1) of the CPSA. In addition, section 6A(b)(3) of the CPSA requires the Commission to include in the database, consistent with the requirements of section 6(a) and (b) of the CPSA, any additional information it determines to be in the public interest. Reports of Harm Section 6A(b)(1)(A) of the CPSA requires the public database to include reports of harm received by the Commission from: (i) Consumers; (ii) local, State, or Federal government agencies; (iii) health care professionals; (iv) child service providers; and (v) public safety entities. Reports of harm submitted for inclusion in the public database must include, at a minimum: (i) A description of the consumer product (or other product or substance regulated by the Commission) concerned; (ii) identification of the manufacturer or private labeler of the consumer product (or other product or substance regulated by the Commission); (iii) a description of the harm relating to the use of the consumer product (or other product or substance regulated by the Commission); (iv) contact information for the person submitting the report; and (v) a verification by the person submitting the information that the information submitted is true and accurate to the best of the person’s knowledge and that the person consents that such information be included in the database. Section 6A(b)(2)(B) of the CPSA. Although contact information for the person submitting a report of harm is required in order for the report to be included in the database, section 6A(b)(6) of the CPSA provides that the Commission, under this section, may PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 not disclose the name, address, or other contact information of any individual or entity that submits a report of harm. However, the Commission may provide such contact information to the manufacturer or private labeler of the product with the express written consent of the person who submitted the report of harm. Consumer information provided to a manufacturer or private labeler under this section may not be used or disseminated to any other party for any purpose other than verifying a report of harm. Unless the Commission determines that a report of harm or manufacturer comment submitted for inclusion in the database contains materially inaccurate information, all such reports of harm and comments that meet the criteria set forth in the statute must be included in the public database not later than the tenth business day after the date on which the report of harm was transmitted to the manufacturer or private labeler. Section 6A(c)(3)(A) of the CPSA. Section 6(a) and (b) of the CPSA do not apply to the disclosure of reports of harm in the public database. Section 6A(f)(1) of the CPSA. Manufacturer Notification and Response To the extent practicable, the Commission must transmit a report of harm to the manufacturer or private labeler identified in the report not later than 5 business days after receiving a report that meets all of the minimum qualifications for inclusion in the public database set forth in section 6A(b)(2)(B). Section 6A(c)(1) of the CPSA. A manufacturer or private labeler may comment on the information contained in such report, and may request the comment to be included in the public database. Section 6A(c)(2)(A)–(B) of the CPSA. Unless the Commission determines the comment to be materially inaccurate, the Commission must include the comment in the public database at the same time as the report of harm or as soon as practicable thereafter. Section 6A(c)(3)(B) of the CPSA. Moreover, a manufacturer or private labeler may review a report of harm for confidential information and request that portions of the report be designated confidential. If the Commission determines that the report does contain trade secret, commercial or confidential information as set forth in the statute, the Commission must redact such information in the report before it is placed in the database. Section 6A(c)(2)(C)(i)–(ii) of the CPSA. If, however, the Commission determines that the designated information is not E:\FR\FM\22DEN1.SGM 22DEN1 Federal Register / Vol. 74, No. 244 / Tuesday, December 22, 2009 / Notices confidential, the Commission must notify the manufacturer or private labeler and include the information in the public database. A manufacturer or private labeler must bring suit against the agency in an appropriate U.S. district court in order to seek removal of the information. Section 6A(c)(2)(C)(iii) of the CPSA. Materially Inaccurate Information/ Disclaimer If the Commission determines that a report of harm or manufacturer comment contains materially inaccurate information before it is made available in the public database, the Commission, under section 6A(c)(4)(A) of the CPSA, must: (i) Decline to add the materially inaccurate information; (ii) correct the materially inaccurate information; or (iii) add information to correct the materially inaccurate information. For information already available in the public database, if, after investigation, the Commission determines that such information is materially inaccurate or duplicative, the Commission must, within seven business days of such determination: (i) Remove such information from the public database; (ii) correct such information; or (iii) add information to correct inaccurate information in the public database. Section 6A(c)(4)(B) of the CPSA. Database users must be provided with clear and conspicuous notice that the Commission does not guarantee the accuracy, completeness, or adequacy of the database contents. Section 6A(b)(5) of the CPSA. srobinson on DSKHWCL6B1PROD with NOTICES Data Analysis and Reporting Under section 6A(b)(4) of the CPSA, the CPSC must categorize information available in the public database in a manner consistent with the public interest and in a manner to facilitate easy use by consumers. To the extent practicable, the database must be sortable and accessible by: (i) The date on which the information is submitted for inclusion in the database; (ii) the name of the consumer product (or other product or substance regulated by the Commission); (iii) the model name; (iv) the manufacturer’s or private labeler’s name; and (v) such other elements as the Commission considers in the public interest. CPSC Workshop Details The CPSC will hold the workshop on January 11 and 12, 2010, focusing on five aspects of the public database: data analysis and reporting; reports of harm; manufacturer notification and response; additional database content; and dealing with materially inaccurate information. VerDate Nov<24>2008 18:01 Dec 21, 2009 Jkt 220001 Monday, January 11, 2010 Workshop 1—Data Analysis and Reporting 9 a.m.–12 p.m. The CPSC staff invites discussion and comment on data analysis and reporting from the public database, including comments on the following topics: • Should the CPSC design the online incident reporting form to ensure the capture of data that can be used in scientific statistical analysis? If so, how? • What can the CPSC do, from a system design perspective, to ensure the accuracy of submitted data? • What can the CPSC do, from a system design perspective, to ensure the ongoing and perpetual integrity of submitted data? • In what formats should the CPSC make data available to the public? Please explain your reasoning. • What types of data analysis and reporting tools are being used by thirdparty analysts in the public and industry? What are these tools’ relative merits and drawbacks? • What data sets, including information from reports of harm and mandatory and voluntary recall notices, should be made available for public search and reporting? Why? Workshop 2—Reports of Harm (Incident Report Form) 1 p.m.–4 p.m. The CPSC staff invites discussion and comment on issues related to reports of harm, including comment on the following topics: • How should the CPSC design the incident report form so that it is clear and easy for users to complete? • From a design perspective, how should the CPSC deal with incomplete reports of harm? • Should the incident report form check for inaccurate information? How? • What, if any, instruction to users should be included on the incident reporting form? • Should the incident report form contain links to outside websites? Please explain your reasoning. • What, if any, disclaimers or qualifications should appear on the incident report form? • Should any category of persons be excluded from submitting reports of harm for inclusion in the public database, and, if so, by what means? • Should reports of harm submitted by telephone or paper meet the same statutory time frames for submission in the public database? • What should a description of the consumer product entail and why? • What means can the CPSC employ to ensure that the correct manufacturer and/or private labeler are identified in a report of harm? PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 68055 • What contact information must be provided, at minimum, to meet the statutory requirement for inclusion in the database? • How should the incident report form address the submitter’s verification of the information submitted? • How should the incident report form address the submitter’s consent for: (i) inclusion in the public database; and (ii) release of contact information to the manufacturer or private labeler? Are there any other issues related to the user’s consent that the CPSC should consider? Tuesday, January 12, 2010 Workshop 3—Manufacturer Notification and Response 9 a.m.–12 p.m. The CPSC staff invites discussion and comment on manufacturer notification and response with regard to reports of harm, including comment on the following topics: • What means should the CPSC employ to notify manufacturers and private labelers regarding a report of harm within the five day statutory time frame? • Given the statutory timeframe for notification, should manufacturers and private labelers be able to ‘‘register’’ contact information with the Commission for the purposes of notification of a report of harm? Please explain your reasoning. What form of contact information should be acceptable, i.e., electronic mail only? What other issues should the CPSC consider? • What, if any, authority does the CPSC have to withhold a report of harm from the public database if a manufacturer or private labeler claims the report contains materially inaccurate or confidential information? • What means should the CPSC employ to allow manufacturers and private labelers to submit comments regarding a report of harm or to designate confidential information? What issues should the CPSC take into consideration when developing such process? • If a manufacturer or private labeler requests that a comment associated with the report of harm be made available in the public database, what, if any, circumstances should prevent such comment from inclusion in the public database? • What, if any, circumstances may arise which restart any timeframes contemplated in the statute with regard to manufacturer notification and responses? • How can the CPSC ensure that manufacturers and/or private labelers E:\FR\FM\22DEN1.SGM 22DEN1 68056 Federal Register / Vol. 74, No. 244 / Tuesday, December 22, 2009 / Notices do not use a submitter’s contact information for purposes other than verification of a report of harm? By what means can the CPSC enforce such provision? srobinson on DSKHWCL6B1PROD with NOTICES Workshop 4—Additional Database Content 1 p.m.–2:20 p.m. The CPSC staff invites discussion and comment on what additional information, other than reports of harm, manufacturer comments, and information derived from mandatory and voluntary recall notices, the Commission should include in the public database, including comment on the following topics: • What additional categories of information should the CPSC include in the public database and why? • What, if any, information cannot be included in the public database pursuant to the statute and why? • Under what circumstances are the provisions of section 6(a) and (b) of the CPSA relevant to the provisions of section 6A of the CPSA, especially with regard to additional categories of information that may be included in the public database? Workshop 5—Materially Inaccurate Information 2:30 p.m.–4 p.m. The CPSC staff invites discussion and comment on dealing with materially inaccurate information contained in reports of harm and manufacturer comments, including comment on the following topics: • Is the CPSC’s responsibility with regard to materially inaccurate information limited to reports of harm and manufacturer comments? Why or why not? • What, if any, measures should the CPSC employ to prevent the submission of fraudulent reports of harm while not discouraging the submission of valid reports? • What types of information constitute materially inaccurate information? Please explain your reasoning. • How should the CPSC process a claim that a report of harm or a manufacturer comment contains materially inaccurate information, both before and after such information has been made available in the public database? • How should the CPSC allow a submitter or others to claim that a manufacturer has submitted materially false information? • Given the statutory timeframe, how should the CPSC review claims of materially inaccurate information? • What specific disclaimers should the CPSC make with regard to the VerDate Nov<24>2008 18:01 Dec 21, 2009 Jkt 220001 accuracy of the information contained in the public database and why? Where should such disclaimers appear and why? Please refer to the DATES and ADDRESSES sections above for more information on relevant dates and times, how to register to attend the workshop, how to submit written comments, and how to request to make an oral presentation at the workshop. The Commission staff may hold additional public workshops in the coming months to follow up on issues discussed at the January 11 and 12, 2010 workshop and to solicit input on additional aspects of the publicly searchable database from stakeholders. Dated: December 16, 2009. Todd A. Stevenson, Secretary, Consumer Product Safety Commission. [FR Doc. E9–30376 Filed 12–21–09; 8:45 am] BILLING CODE 6355–01–P DEPARTMENT OF EDUCATION Submission for OMB Review; Comment Request AGENCY: Department of Education. SUMMARY: The Acting Director, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before January 21, 2010. ADDRESSES: Written comments should be addressed to the Office of Information and Regulatory Affairs, Attention: Education Desk Officer, Office of Management and Budget, 725 17th Street, NW., Room 10222, New Executive Office Building, Washington, DC 20503, be faxed to (202) 395–5806 or send e-mail to oira_submission@omb.eop.gov. Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget (OMB) provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere SUPPLEMENTARY INFORMATION: PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 with any agency’s ability to perform its statutory obligations. The Acting Director, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following: (1) Type of review requested, e.g. new, revision, extension, existing or reinstatement; (2) Title; (3) Summary of the collection; (4) Description of the need for, and proposed use of, the information; (5) Respondents and frequency of collection; and (6) Reporting and/or Recordkeeping burden. OMB invites public comment. Dated: December 17, 2009. James Hyler, Acting Director, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management. Federal Student Aid Type of Review: Revision. Title: National Student Loan Data System (NSLDS) Collection. Frequency: Weekly; Monthly; Quarterly; Semi-Annually. Affected Public: Businesses or other for-profit; Not-for-profit institutions; Private Sector; State, Local, or Tribal Gov’t, SEAs or LEAs. Reporting and Recordkeeping Hour Burden: Responses: 40,872. Burden Hours: 157,456. Abstract: The U.S. Department of Education will collect data through the NSLDS system from postsecondary schools and guaranty agencies (GAs) about Federal Perkins, Federal Family Education, and William D. Ford Direct Student Loans to be used to determine eligibility for Title IV student financial aid. Requests for copies of the information collection submission for OMB review may be accessed from https:// edicsweb.ed.gov, by selecting the ‘‘Browse Pending Collections’’ link and by clicking on link number 4158. When you access the information collection, click on ‘‘Download Attachments ’’ to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., LBJ, Washington, DC 20202–4537. Requests may also be electronically mailed to the Internet address ICDocketMgr@ed.gov or faxed to 202– 401–0920. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements E:\FR\FM\22DEN1.SGM 22DEN1

Agencies

[Federal Register Volume 74, Number 244 (Tuesday, December 22, 2009)]
[Notices]
[Pages 68053-68056]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30376]


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CONSUMER PRODUCT SAFETY COMMISSION


Establishment of a Public Consumer Product Safety Incident 
Database: Notice of Public Workshop

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of public workshop.

-----------------------------------------------------------------------

SUMMARY: The Consumer Product Safety Commission (``Commission'' or 
``CPSC'') is announcing a two day staff-conducted public workshop to 
receive views from all interested parties on establishing a public 
consumer product safety incident database. The workshop, to be held on 
January 11 and 12, 2010 in Bethesda, Maryland, seeks input from 
stakeholders on five aspects of the public database: Data analysis and 
reporting; reports of harm; manufacturer notification and response; 
additional database content, and materially inaccurate information. 
Participation by members of the public is invited.

DATES: The workshop will be held from 9 a.m. to 4 p.m. on January 11 
and 12, 2010, with a one hour break for lunch. Requests to make oral 
presentations and the written text of any oral presentation must be 
received by the Office of the Secretary not later than 5 p.m. Eastern 
Standard time (EST) on January 4, 2010.

[[Page 68054]]

Written comments must be received by the Office of the Secretary not 
later than 5 p.m. Eastern Standard time (EST) on January 29, 2010.

ADDRESSES: The public workshop will be held at CPSC's headquarters, 
Bethesda Towers Building, 4330 East West Highway, Bethesda, Maryland 
20814, in the 4th Floor Hearing Room. Persons interested in attending 
the workshop should register online at ``www.cpsc.gov/meetingsignup.html.'' The CPSC web link also has more information about 
the workshop, and interested persons can request to make oral 
presentations online. Requests to make oral presentations also can be 
made by sending an electronic mail (e-mail), calling, or writing to 
Todd A. Stevenson, Office of the Secretary, Consumer Product Safety 
Commission, 4330 East West Highway, Bethesda, Maryland 20814; e-mail 
cpsc-os@cpsc.gov; telephone (301) 504-7923; facsimile (301) 504-0127 
not later than 5 p.m. EST on January 4, 2010. Written comments and 
texts of oral presentations should be captioned ``Public Workshop on 
Consumer Product Incident Database'' and further captioned by one of 
the five workshop topics available: ``Data Analysis and Reporting;'' 
``Reports of Harm;'' ``Manufacturer Notification and Response;'' 
``Additional Database Content;'' and ``Materially Inaccurate 
Information.'' Written comments and the texts of oral presentations 
should be sent by e-mail to cpsc-os@cpsc.gov, or mailed or delivered to 
the Office of the Secretary, Consumer Product Safety Commission, 4330 
East West Highway, Bethesda, Maryland 20814. Oral presentations must be 
received not later than 5 p.m. EST on January 4, 2010, and written 
comments must be received not later than 5 p.m. EST on January 29, 
2010. The CPSC may impose time limitations on all presentations and 
further restrictions to avoid duplication of presentations.

FOR FURTHER INFORMATION CONTACT: Ming Zhu, Office of Information & 
Technology Services, Consumer Product Safety Commission, 4330 East West 
Highway, Bethesda, MD 20814; mzhu@cpsc.gov; telephone (301) 504-7517.

SUPPLEMENTARY INFORMATION: Section 212 of the Consumer Product Safety 
Improvement Act of 2008 (``CPSIA'') (Pub. Law 110-314) amended the 
Consumer Product Safety Act (``CPSA'') to create a new section 6A of 
the CPSA, titled ``Publicly Available Consumer Product Safety 
Information Database.'' Section 6A(a)(1) of the CPSA states that the 
Commission shall ``establish and maintain a database on the safety of 
consumer products, and other products or substances regulated by the 
Commission * * *'' The statute declares that the database must be 
publicly available, searchable, and accessible through the Commission's 
Web site.

Contents of the Public Database

    The public database must contain: (i) Reports of harm, meaning 
reports of injury, illness, or death, or reports of any risk of injury, 
illness or death as determined by the Commission, relating to the use 
of consumer products or other products or substances regulated by the 
Commission; (ii) information derived by the Commission from voluntary 
and mandatory recall notices; and (iii) comments that a manufacturer or 
private labeler of a consumer product wants to include about a report 
of harm involving its product. Section 6A(b)(1) of the CPSA. In 
addition, section 6A(b)(3) of the CPSA requires the Commission to 
include in the database, consistent with the requirements of section 
6(a) and (b) of the CPSA, any additional information it determines to 
be in the public interest.

Reports of Harm

    Section 6A(b)(1)(A) of the CPSA requires the public database to 
include reports of harm received by the Commission from: (i) Consumers; 
(ii) local, State, or Federal government agencies; (iii) health care 
professionals; (iv) child service providers; and (v) public safety 
entities. Reports of harm submitted for inclusion in the public 
database must include, at a minimum: (i) A description of the consumer 
product (or other product or substance regulated by the Commission) 
concerned; (ii) identification of the manufacturer or private labeler 
of the consumer product (or other product or substance regulated by the 
Commission); (iii) a description of the harm relating to the use of the 
consumer product (or other product or substance regulated by the 
Commission); (iv) contact information for the person submitting the 
report; and (v) a verification by the person submitting the information 
that the information submitted is true and accurate to the best of the 
person's knowledge and that the person consents that such information 
be included in the database. Section 6A(b)(2)(B) of the CPSA.
    Although contact information for the person submitting a report of 
harm is required in order for the report to be included in the 
database, section 6A(b)(6) of the CPSA provides that the Commission, 
under this section, may not disclose the name, address, or other 
contact information of any individual or entity that submits a report 
of harm. However, the Commission may provide such contact information 
to the manufacturer or private labeler of the product with the express 
written consent of the person who submitted the report of harm. 
Consumer information provided to a manufacturer or private labeler 
under this section may not be used or disseminated to any other party 
for any purpose other than verifying a report of harm.
    Unless the Commission determines that a report of harm or 
manufacturer comment submitted for inclusion in the database contains 
materially inaccurate information, all such reports of harm and 
comments that meet the criteria set forth in the statute must be 
included in the public database not later than the tenth business day 
after the date on which the report of harm was transmitted to the 
manufacturer or private labeler. Section 6A(c)(3)(A) of the CPSA. 
Section 6(a) and (b) of the CPSA do not apply to the disclosure of 
reports of harm in the public database. Section 6A(f)(1) of the CPSA.

Manufacturer Notification and Response

    To the extent practicable, the Commission must transmit a report of 
harm to the manufacturer or private labeler identified in the report 
not later than 5 business days after receiving a report that meets all 
of the minimum qualifications for inclusion in the public database set 
forth in section 6A(b)(2)(B). Section 6A(c)(1) of the CPSA. A 
manufacturer or private labeler may comment on the information 
contained in such report, and may request the comment to be included in 
the public database. Section 6A(c)(2)(A)-(B) of the CPSA. Unless the 
Commission determines the comment to be materially inaccurate, the 
Commission must include the comment in the public database at the same 
time as the report of harm or as soon as practicable thereafter. 
Section 6A(c)(3)(B) of the CPSA.
    Moreover, a manufacturer or private labeler may review a report of 
harm for confidential information and request that portions of the 
report be designated confidential. If the Commission determines that 
the report does contain trade secret, commercial or confidential 
information as set forth in the statute, the Commission must redact 
such information in the report before it is placed in the database. 
Section 6A(c)(2)(C)(i)-(ii) of the CPSA. If, however, the Commission 
determines that the designated information is not

[[Page 68055]]

confidential, the Commission must notify the manufacturer or private 
labeler and include the information in the public database. A 
manufacturer or private labeler must bring suit against the agency in 
an appropriate U.S. district court in order to seek removal of the 
information. Section 6A(c)(2)(C)(iii) of the CPSA.

Materially Inaccurate Information/Disclaimer

    If the Commission determines that a report of harm or manufacturer 
comment contains materially inaccurate information before it is made 
available in the public database, the Commission, under section 
6A(c)(4)(A) of the CPSA, must: (i) Decline to add the materially 
inaccurate information; (ii) correct the materially inaccurate 
information; or (iii) add information to correct the materially 
inaccurate information. For information already available in the public 
database, if, after investigation, the Commission determines that such 
information is materially inaccurate or duplicative, the Commission 
must, within seven business days of such determination: (i) Remove such 
information from the public database; (ii) correct such information; or 
(iii) add information to correct inaccurate information in the public 
database. Section 6A(c)(4)(B) of the CPSA.
    Database users must be provided with clear and conspicuous notice 
that the Commission does not guarantee the accuracy, completeness, or 
adequacy of the database contents. Section 6A(b)(5) of the CPSA.

Data Analysis and Reporting

    Under section 6A(b)(4) of the CPSA, the CPSC must categorize 
information available in the public database in a manner consistent 
with the public interest and in a manner to facilitate easy use by 
consumers. To the extent practicable, the database must be sortable and 
accessible by: (i) The date on which the information is submitted for 
inclusion in the database; (ii) the name of the consumer product (or 
other product or substance regulated by the Commission); (iii) the 
model name; (iv) the manufacturer's or private labeler's name; and (v) 
such other elements as the Commission considers in the public interest.

CPSC Workshop Details

    The CPSC will hold the workshop on January 11 and 12, 2010, 
focusing on five aspects of the public database: data analysis and 
reporting; reports of harm; manufacturer notification and response; 
additional database content; and dealing with materially inaccurate 
information.

Monday, January 11, 2010

Workshop 1--Data Analysis and Reporting 9 a.m.-12 p.m.
    The CPSC staff invites discussion and comment on data analysis and 
reporting from the public database, including comments on the following 
topics:
     Should the CPSC design the online incident reporting form 
to ensure the capture of data that can be used in scientific 
statistical analysis? If so, how?
     What can the CPSC do, from a system design perspective, to 
ensure the accuracy of submitted data?
     What can the CPSC do, from a system design perspective, to 
ensure the ongoing and perpetual integrity of submitted data?
     In what formats should the CPSC make data available to the 
public? Please explain your reasoning.
     What types of data analysis and reporting tools are being 
used by third-party analysts in the public and industry? What are these 
tools' relative merits and drawbacks?
     What data sets, including information from reports of harm 
and mandatory and voluntary recall notices, should be made available 
for public search and reporting? Why?

Workshop 2--Reports of Harm (Incident Report Form) 1 p.m.-4 p.m.

    The CPSC staff invites discussion and comment on issues related to 
reports of harm, including comment on the following topics:
     How should the CPSC design the incident report form so 
that it is clear and easy for users to complete?
     From a design perspective, how should the CPSC deal with 
incomplete reports of harm?
     Should the incident report form check for inaccurate 
information? How?
     What, if any, instruction to users should be included on 
the incident reporting form?
     Should the incident report form contain links to outside 
websites? Please explain your reasoning.
     What, if any, disclaimers or qualifications should appear 
on the incident report form?
     Should any category of persons be excluded from submitting 
reports of harm for inclusion in the public database, and, if so, by 
what means?
     Should reports of harm submitted by telephone or paper 
meet the same statutory time frames for submission in the public 
database?
     What should a description of the consumer product entail 
and why?
     What means can the CPSC employ to ensure that the correct 
manufacturer and/or private labeler are identified in a report of harm?
     What contact information must be provided, at minimum, to 
meet the statutory requirement for inclusion in the database?
     How should the incident report form address the 
submitter's verification of the information submitted?
     How should the incident report form address the 
submitter's consent for: (i) inclusion in the public database; and (ii) 
release of contact information to the manufacturer or private labeler? 
Are there any other issues related to the user's consent that the CPSC 
should consider?

Tuesday, January 12, 2010

Workshop 3--Manufacturer Notification and Response 9 a.m.-12 p.m.
    The CPSC staff invites discussion and comment on manufacturer 
notification and response with regard to reports of harm, including 
comment on the following topics:
     What means should the CPSC employ to notify manufacturers 
and private labelers regarding a report of harm within the five day 
statutory time frame?
     Given the statutory timeframe for notification, should 
manufacturers and private labelers be able to ``register'' contact 
information with the Commission for the purposes of notification of a 
report of harm? Please explain your reasoning. What form of contact 
information should be acceptable, i.e., electronic mail only? What 
other issues should the CPSC consider?
     What, if any, authority does the CPSC have to withhold a 
report of harm from the public database if a manufacturer or private 
labeler claims the report contains materially inaccurate or 
confidential information?
     What means should the CPSC employ to allow manufacturers 
and private labelers to submit comments regarding a report of harm or 
to designate confidential information? What issues should the CPSC take 
into consideration when developing such process?
     If a manufacturer or private labeler requests that a 
comment associated with the report of harm be made available in the 
public database, what, if any, circumstances should prevent such 
comment from inclusion in the public database?
     What, if any, circumstances may arise which restart any 
timeframes contemplated in the statute with regard to manufacturer 
notification and responses?
     How can the CPSC ensure that manufacturers and/or private 
labelers

[[Page 68056]]

do not use a submitter's contact information for purposes other than 
verification of a report of harm? By what means can the CPSC enforce 
such provision?
Workshop 4--Additional Database Content 1 p.m.-2:20 p.m.
    The CPSC staff invites discussion and comment on what additional 
information, other than reports of harm, manufacturer comments, and 
information derived from mandatory and voluntary recall notices, the 
Commission should include in the public database, including comment on 
the following topics:
     What additional categories of information should the CPSC 
include in the public database and why?
     What, if any, information cannot be included in the public 
database pursuant to the statute and why?
     Under what circumstances are the provisions of section 
6(a) and (b) of the CPSA relevant to the provisions of section 6A of 
the CPSA, especially with regard to additional categories of 
information that may be included in the public database?
Workshop 5--Materially Inaccurate Information 2:30 p.m.-4 p.m.
    The CPSC staff invites discussion and comment on dealing with 
materially inaccurate information contained in reports of harm and 
manufacturer comments, including comment on the following topics:
     Is the CPSC's responsibility with regard to materially 
inaccurate information limited to reports of harm and manufacturer 
comments? Why or why not?
     What, if any, measures should the CPSC employ to prevent 
the submission of fraudulent reports of harm while not discouraging the 
submission of valid reports?
     What types of information constitute materially inaccurate 
information? Please explain your reasoning.
     How should the CPSC process a claim that a report of harm 
or a manufacturer comment contains materially inaccurate information, 
both before and after such information has been made available in the 
public database?
     How should the CPSC allow a submitter or others to claim 
that a manufacturer has submitted materially false information?
     Given the statutory timeframe, how should the CPSC review 
claims of materially inaccurate information?
     What specific disclaimers should the CPSC make with regard 
to the accuracy of the information contained in the public database and 
why? Where should such disclaimers appear and why?
    Please refer to the Dates and Addresses sections above for more 
information on relevant dates and times, how to register to attend the 
workshop, how to submit written comments, and how to request to make an 
oral presentation at the workshop. The Commission staff may hold 
additional public workshops in the coming months to follow up on issues 
discussed at the January 11 and 12, 2010 workshop and to solicit input 
on additional aspects of the publicly searchable database from 
stakeholders.

    Dated: December 16, 2009.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. E9-30376 Filed 12-21-09; 8:45 am]
BILLING CODE 6355-01-P
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