Commission Participation and Commission Employee Involvement in Voluntary Standards Activities, 57818-57822 [2013-22805]
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Federal Register / Vol. 78, No. 183 / Friday, September 20, 2013 / Proposed Rules
§ 300.32
(p) ‘‘Super 230’s’’ or ‘‘230’s,’’ if the
average diameter of wool fiber of such
wool product does not average 12.25
microns or finer;
(q) ‘‘Super 240’s’’ or ‘‘240’s,’’ if the
average diameter of wool fiber of such
wool product does not average 11.75
microns or finer; and
(r) ‘‘Super 250’s’’ or ‘‘250’s,’’ if the
average diameter of wool fiber of such
wool product does not average 11.25
microns or finer.
■ 7. Amend § 300.24 by revising
paragraph (b) to read as follows:
§ 300.24 Representations as to fiber
content.
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(b) Where a word, coined word,
symbol, or depiction which connotes or
implies the presence of a fiber is used
on any label, whether required or nonrequired, a full fiber content disclosure
with percentages shall be made on such
label in accordance with the Act and
regulations. Where a word, coined
word, symbol, or depiction which
connotes or implies the presence of a
fiber is used on any hang-tag attached to
a wool product that has a label
providing required information and the
hang-tag provides non-required
information, such as a hang-tag
providing information about a particular
fiber’s characteristics, the hang-tag need
not provide a full fiber content
disclosure; however, if the wool product
contains any fiber other than the fiber
identified on the hang-tag, the hang-tag
must disclose clearly and conspicuously
that it does not provide the product’s
full fiber content; for example:
‘‘This tag does not disclose the
product’s full fiber content.’’ or
‘‘See label for the product’s full fiber
content.
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■ 8. Amend § 300.25 by revising
paragraphs (d) and (f) to read as follows:
§ 300.25 Country where wool products are
processed or manufactured.
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(d) The country of origin of an
imported wool product as determined
under the laws and regulations enforced
by United States Customs and Border
Protection shall be considered to be the
country where such wool product was
processed or manufactured.
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(f) Nothing in this rule shall be
construed as limiting in any way the
information required to be disclosed on
labels under the provisions of any Tariff
Act of the United States or regulations
promulgated thereunder.
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■ 9. Revise § 300.32 to read as follows:
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Form of separate guaranty.
(a) The following are suggested forms
of separate guaranties under section 9 of
the Act which may be used by a
guarantor residing in the United States
on or as part of an invoice or other
document relating to the marketing or
handling of any wool products listed
and designated therein and showing the
date of such invoice or other document
and the signature and address of the
guarantor:
(1) General form.
We guarantee that the wool products
specified herein are not misbranded
under the provisions of the Wool
Products Labeling Act and rules and
regulations thereunder.
(2) Guaranty based on guaranty.
Based upon a guaranty received, we
guarantee that the wool products
specified herein are not misbranded
under the provisions of the Wool
Products Labeling Act and rules and
regulations thereunder.
Note: The printed name and address on the
invoice or other document will suffice to
meet the signature and address requirements.
(b) The mere disclosure of required
information including the fiber content
of wool products on a label or on an
invoice or other document relating to its
marketing or handling shall not be
considered a form of separate guaranty.
■ 10. Amend § 303.33 by revising
paragraphs (a)(3) and (c) to read as
follows:
§ 300.33 Continuing guaranty filed with
Federal Trade Commission.
(a)(1) * * *
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(3) Continuing guaranties filed with
the Commission shall continue in effect
for one year unless revoked earlier. The
guarantor shall promptly report any
change in business status to the
Commission.
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(c) Any person who has a continuing
guaranty on file with the Commission
may, during the effective dates of the
guaranty, give notice of such fact by
setting forth on the invoice or other
document covering the marketing or
handling of the product guaranteed the
following:
Continuing Guaranty under the Wool
Products Labeling Act filed with the
Federal Trade Commission.
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By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2013–22919 Filed 9–19–13; 8:45 am]
BILLING CODE 6750–01–P
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CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Part 1031
[CPSC Docket No. CPSC–2013–0034]
Commission Participation and
Commission Employee Involvement in
Voluntary Standards Activities
Consumer Product Safety
Commission.
ACTION: Notice of proposed rulemaking.
AGENCY:
The United States Consumer
Product Safety Commission
(Commission or CPSC) is issuing a
proposed rule that would amend the
existing regulation on Commission
participation and employee
involvement in voluntary standards
activities. Currently, Commission rules
allow employees to participate in
voluntary standard development groups
on a non-voting basis, and do not allow
Commission employees to accept
leadership positions in voluntary
standard development groups. The
proposed rule would remove these
restrictions and would allow
Commission employees to participate as
voting members and to accept
leadership positions in voluntary
standard development groups, subject to
prior approval by the Office of the
Executive Director (OEX).
DATES: Written comments must be
received by October 21, 2013.
ADDRESSES: You may submit comments,
identified by Docket No. CPSC–2013–
0034, by any of the following methods:
SUMMARY:
Electronic Submissions
Submit electronic comments in the
following way:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
The Commission is no longer
accepting comments submitted by
electronic mail (email), except through
www.regulations.gov.
Written Submissions
Submit written submissions in the
following way:
Mail/Hand delivery/Courier (for
paper, disk, or CD–ROM submissions),
preferably in five copies, to: Office of the
Secretary, Consumer Product Safety
Commission, Room 820, 4330 East West
Highway, Bethesda, MD 20814;
telephone (301) 504–7923.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. All
comments received may be posted
without change, including any personal
identifiers, contact information, or other
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personal information provided, to:
https://www.regulations.gov. Do not
submit confidential business
information, trade secret information, or
other sensitive or protected information
electronically. Such information should
be submitted in writing.
Docket: For access to the docket to
read background documents or
comments received, go to: https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Jacob Miller, Deputy Voluntary
Standards Coordinator, Office of Hazard
Identification and Reduction, Consumer
Product Safety Commission, 4330 East
West Highway, Bethesda, MD 20814;
telephone: 301–504–7415; jmiller@
cpsc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
Many consumer products under the
Commission’s jurisdiction are covered
by voluntary standards. Voluntary
standards provide safety provisions
addressing potential hazards associated
with consumer products found in in
such locations as homes, schools, and
recreational areas. Voluntary standards
activity is an ongoing process that may
involve multiple revisions to a standard
within one year, or over multiple years.
Voluntary standards development
activities for consumer products within
the Commission’s jurisdiction are
handled primarily by three standards
development/coordinating
organizations: ASTM International
(previously called the American Society
for Testing and Materials), the American
National Standards Institute (ANSI), and
Underwriters Laboratories Inc. (UL).
Along with industry, consumer groups,
and product safety experts, CPSC staff
works with these organizations to
coordinate the development of
voluntary standards.
Currently, CPSC staff provides
technical support to organizations that
coordinate the development of
voluntary standards. According to the
CPSC’s Voluntary Standards Activities
FY 2013 Midyear Report, CPSC staff
will provide technical support or
monitor voluntary standards activities
for 71 products in FY 2013. Staff
participates in the voluntary standards
development process by providing
expert advice, technical assistance, and
information, based on analyses of the
numbers and causes of deaths, injuries,
or incidents associated with a product.
Staff may also conduct CPSC research,
perform laboratory tests, and provide
draft language for a voluntary standard.
The Commission’s involvement and
staff’s participation in voluntary
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standards activities have been and
currently are governed by the
Commission’s rule at 16 CFR part 1031,
Commission Participation and
Commission Employee Involvement in
Voluntary Standards Activities (part
1031). Part 1031 prohibits CPSC staff
from voting and precludes staff from
holding leadership positions in
voluntary standards development
groups. The proposed rule would
amend part 1031 to eliminate these
prohibitions and allow these activities
on an optional basis, provided that such
activities have the prior approval of the
CPSC Office of the Executive Director.
A. Statutory and Regulatory Background
Congress enacted the Consumer
Product Safety Act (CPSA) in 1972,
codified at 15 U.S.C. 2051, et seq., to
protect consumers against unreasonable
risks of injury associated with consumer
products. In furtherance of that goal,
Congress established the Consumer
Product Safety Commission as an
independent regulatory agency, and
Congress granted the CPSC broad
authority to promulgate mandatory
safety standards for consumer products
as a necessary alternative to industry
self-regulation. 15 U.S.C. 2056(a)(1)(A).
Although neither the CPSA nor the
other statutes administered by the
Commission referred to voluntary
standards, the Commission issued
regulations in1978, describing the
extent and form of Commission
involvement in the development of
voluntary standards (43 FR 19216 (May
4, 1978)). Acknowledging the
contribution that voluntary standards
had made to reducing hazards
associated with consumer products, the
Commission stated its support for an
effective voluntary standards program,
finding that a proper combination of
voluntary and mandatory standards can
increase product safety better than
either mandatory or voluntary activities
alone.
In 1981, Congress amended the CPSA,
the Federal Hazardous Substances Act
(FHSA), and the Flammable Fabrics Act
(FFA), to, among other things, mandate
that the Commission give preference to
voluntary standards as opposed to
promulgating mandatory standards, if
the Commission determines that a
voluntary standard will eliminate or
adequately reduce an unreasonable risk
of injury and there will be a likelihood
of substantial compliance with the
standard. 15 U.S.C. 2056(b), 15 U.S.C.
1262(g)(2), 15 U.S.C. 1193(h)(2). In
1989, the Commission adopted
regulations to reflect the policies set
forth by the 1981 amendments, making
several changes in the agency’s policies
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on employee participation in voluntary
standards development activities. The
1989 amendments also combined parts
1031 (on employee membership and
participation) and 1032 (on Commission
involvement) into a revised part 1031,
titled, Commission Participation and
Commission Employee Involvement in
Voluntary Standards Activities. 54 FR
6646 (Feb. 14, 1989).
In 2006, the Commission amended
several provisions of part 1031. 71 FR
38754 (July 10, 2006). Among other
things, the 2006 amendments provided
that Commission employees only
participate in voluntary standards
efforts consistent with the Commission’s
priorities identified in the operating
plan, performance budget, mid-year
review, or other official Commission
document. In addition, the Commission
added a requirement that employees
with ongoing participation in voluntary
standards activities report regularly to
the Voluntary Standards Coordinator, to
help ensure ongoing oversight and
coordination. Lastly, the 2006
amendments added a requirement that
the CPSC provide notice and the
opportunity for the public to comment
on staff’s positions on voluntary
standards activities.
B. Recent Statutory Changes Involving
Voluntary Standards
In the past, CPSC staff typically
served on voluntary standards
committees based on the Commission’s
priorities. Staff participated without any
expectation that such voluntary
standards would necessarily form the
basis of a mandatory standard. The
Consumer Product Safety Improvement
Act of 2008 (CPSIA), however, gave rise
to the expectation that, for certain
children’s products, voluntary standards
would form the basis for mandatory
standards development. For example,
section 104(b) of the CPSIA requires the
Commission to promulgate consumer
product safety standards for durable
infant and toddler products. These
standards are to be ‘‘substantially the
same as’’ applicable voluntary standards
or more stringent than the voluntary
standard, if the Commission concludes
that more stringent requirements would
further reduce the risk of injury
associated with the product.
Congress also has addressed
participation by federal agencies in
voluntary standards development.
Public Law 104–113 directed federal
agencies to ‘‘use technical standards
that are developed or adopted by
voluntary consensus standards bodies’’
and to ‘‘participate with such bodies in
the development of technical
standards.’’ Public L.aw 104–113,
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12(d)(1) & (2), 110 Stat. 775, 783 (1996),
15 U.S.C. 272 note. Congress anticipated
that federal agencies would ‘‘work
closely’’ with voluntary standards
organizations, that these organizations
would ‘‘include active government
participation,’’ and that agencies would
‘‘work with these voluntary consensus
bodies, whenever and wherever
appropriate.’’ H.R. Rep. 104–390 at 15,
25 (1995). See also 141 Cong. Rec.
H14334 (daily ed. December 12, 1995)
(Statement of Rep. Morella).
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C. GAO Report
On May 16, 2012, the U.S.
Government Accountability Office
(GAO) issued a report titled, ‘‘Consumer
Product Safety Commission: A More
Active Role in Voluntary Standards
Development Should Be Considered’’
(GAO Report) (available at: https://
www.gao.gov/assets/600/590990.pdf).
The GAO Report recommended that the
Commission review its policy for staff
participation in voluntary standards
development activities and determine
the feasibility of the agency staff
assuming a more active, engaged role in
developing voluntary standards.
Specifically, the GAO Report
recommended that CPSC staff be
allowed to vote to approve or
disapprove balloted provisions of
voluntary standards and to hold
leadership positions at various levels of
standards development organizations,
including task groups, subcommittees,
or committees. GAO concluded that
changing the CPSC’s regulations to
allow staff to participate more actively
in voluntary standards activities,
especially when working with technical
committees for which CPSC staff can
provide expertise, and permitting CPSC
staff to vote on voluntary standards,
could result in stronger voluntary
standards, without compromising the
CPSC’s independence.
D. CPSC’s Response to the GAO Report
In response to the GAO Report
recommendations, the Commission
proposes removing the prohibitions on
CPSC staff participating as voting
members and accepting leadership
positions in voluntary standard
development groups. However, the
Commission would require that staff
participation in such activities receive
prior approval by OEX. When approving
staff’s participation in such activities,
OEX should consider the policy
concerns set forth in 16 CFR 1031.9
(appearance of preferential treatment,
loss of impartiality, compromise of the
agency’s independence, and a real or
apparent conflict of interest). The policy
concerns in § 1031.9 must be balanced
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against Commission priorities, available
resources, the need for greater staff
involvement, and the efficiency of the
voluntary standards process. Thus, OEX
will evaluate, on a case-by-case basis,
each request for staff to participate as a
voting member of a voluntary standard
development group or to accept a
leadership position. OEX would
authorize staff generally to vote on
matters involving a specified voluntary
standard, but would not be approving
each individual vote.
Permitting CPSC staff the option to
vote on a voluntary standard and/or
accept a leadership position in a
voluntary standards development group
may result in a more effective voluntary
standards process and accelerate
standards development and
implementation, without compromising
the CPSC’s independence. Such
participation could gain CPSC staff
further access to and familiarity with
latest technologies, and would provide
an opportunity for staff to help establish
standards that would advance CPSC’s
safety goals. In addition, ‘‘full’’ federal
government participation in standards
development increases the likelihood
that the standards can meet both public
and private sector needs. 141 Cong. Rec.
H14334 (daily ed. December 12, 1995)
(Statement of Rep. Morella). A single
standard that satisfies both industry and
the CPSC would benefit both industry
and the CPSC by simplifying applicable
requirements—only a single set of
standards would apply.
In addition, optional staff
participation in voluntary standards
development groups by voting and
taking leadership roles would be
consistent with the guidance reflected
in OMB Circular A–119 Revised,
‘‘Federal Participation in the
Development and Use of Voluntary
Consensus Standards and in Conformity
Assessment Activities’’ (February 10,
1998). Among other things, OMB
Circular A–119 encourages agency
representatives serving as members of
voluntary consensus standards bodies to
‘‘participate actively and on an equal
basis with other members,’’ and to ‘‘vote
. . . at each stage of the standards
development process unless prohibited
from doing so by law of their agencies.’’
In participating as a voting member
of, or in a leadership position on, a
voluntary standards development group,
CPSC staff shall indicate clearly that any
views expressed in connection with
such participation represent CPSC
staff’s position and may not necessarily
represent the Commission’s position.
Making such a disclaimer is consistent
with current staff practice regarding
representations in oral and written
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presentations and staff documents
intended for public release. As in these
contexts, CPSC staff’s views cannot
serve as a proxy for the Commission’s or
the agency’s views on any particular
issue. Similarly, CPSC staff serving in
leadership positions on a voluntary
standards development group would
serve in their capacity as CPSC staff
members, and their views would not
necessarily represent the views of the
Commission. In particular, CPSC staff
participation in a voluntary standards
development group, even in a
leadership position, does not provide
any assurance that Commission will
adopt the resulting voluntary standard.
Removing prohibitions on employees
voting and serving in leadership
positions should not result in the
Commission compromising the policy
concerns set forth in § 1031.9.
Generally, before any substantive issue
is balloted on a voluntary standards
committee, the committee is given the
opportunity to discuss the proposals in
detail. Currently, Commission staff
engages in these discussions, such that
the technical opinions of staff are
known before a proposed change in a
voluntary standard is balloted.
Accordingly, CPSC staff’s ability to vote
on such ballots should not
fundamentally alter current procedures
in a manner that impinges on the
Commission’s independence. Rather,
staff’s ability to vote on a voluntary
standard may improve the credibility
and efficiency of the standard.
Additionally, not only can OEX
consider policy concerns when deciding
whether to authorize staff participation
in voluntary standards activities as
voting members or in leadership roles,
but OEX’s approval also can impose
constraints or limitations tailored to
specific circumstances, such as
measures to avoid undue influence or
any appearance of impropriety.
To serve in a leadership position on
a voluntary standards development
group, CPSC staff must agree to follow
the procedures set forth by the
voluntary standards development group
for leadership positions. Staff’s
leadership role may involve helping the
development group to run more
smoothly and assisting the committee in
achieving timely deliberations.
II. Description of the Proposed Rule
Following is a section-by-section
description of the proposed changes to
part 1031.
Section 1031.10(b)—Existing
§ 1031.10(b), regarding definitions, lists
the types of activities that may comprise
‘‘employee involvement’’ in voluntary
standards development activities.
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Proposed § 1031.10(b) expands the list
of activities to include: ‘‘participating as
a voting member of, or in a leadership
position on, a voluntary standard
development group, when authorized,’’
to recognize that such activities are part
of the term ‘‘employee involvement.’’
Section 1031.11(c)—Existing
§ 1031.11(c), regarding procedural
safeguards, states that involvement in
voluntary standards activities by
Commission officials and employees is
predicated on an understanding by the
voluntary standards group that such
involvement is on a non-voting basis.
The proposed rule deletes this provision
as inconsistent with the goal of allowing
employees the option, with prior
approval, to participate as voting
members of a voluntary standards
committee.
Section 1031.11(d)—Existing
§ 1031.11(d), regarding procedural
safeguards, states: ‘‘[i]n no case shall
Commission employees or officials vote
or otherwise formally indicate approval
or disapproval of a voluntary standard
during the course of a voluntary
standard development process.’’ The
proposed rule renumbers this section to
§ 1031.11(c), and revises the content to
remove the existing language, which is
inconsistent with allowing Commission
employees the option, with prior
approval, to vote. The proposed rule
provides that employees authorized to
participate as voting members of a
voluntary standard development group
represent the position of CPSC staff.
Such votes do not necessarily represent
the opinions or views of the
Commission, and would not be binding
on the Commission.
Section 1031.11(e)—Existing
§ 1031.11(e), on procedural safeguards,
states that Commission officials and
employees cannot accept voluntary
standards committee leadership
positions, except that the Voluntary
Standards Coordinator may accept
leadership positions with the governing
bodies of standards-making entities with
the approval of the Executive Director.
The proposed rule renumbers this
provision to § 1031.11(d), and revises
the language to state that Commission
officials or employees may accept
leadership positions in voluntary
standards development groups or
leadership positions with the governing
bodies of standards-making entities,
when authorized with prior approval by
the Office of the Executive Director.
Section 1031.11(f)—The proposed
rule renumbers existing § 1031.11(f) to
§ 1031.11(e).
Section 1031.12(b)—Existing
§ 1031.12(b), on membership criteria,
states that all officials and employees
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not discussed in § 1031.12(a) [which
lists Commissioners and employees who
may not become members of voluntary
standards groups because they either
make or advise on final agency
decisions] may be advisory, non-voting
members of voluntary standards
development and advisory groups with
the prior approval of the Executive
Director, including the Voluntary
Standards Coordinator. Proposed
§ 1031.12(b) would revise the language
to provide that all other officials and
employees not covered under
§ 1031.12(a) may participate as voting
members or accept leadership positions
in voluntary standard development
groups, when authorized with the prior
approval of the Office of the Executive
Director. Proposed § 1031.12(b) would
remove the reference to the Voluntary
Standards Coordinator because such
person is not prohibited from becoming
a member of a voluntary standards
group in § 1031.12(a). Thus, the
Voluntary Standards Coordinator would
fall within the class of persons
discussed in proposed § 1031.12(b) who
may serve as a voting member and hold
leadership positions, as authorized.
Section 1031.12(c)—Existing
§ 1031.12(c) references the Executive
Director as the management official with
the authority to approve staff serving as
members of a voluntary standards
organization or group. Proposed
§ 1031.12(c) removes the reference to
the ‘‘Executive Director’’ and replaces it
with ‘‘Office of the Executive Director’’
to reflect that prior approval for
membership in voluntary standards
activities must be approved by the
Office of the Executive Director.
III. Request for Comments
The Commission encourages
stakeholders to comment on all sections
of the proposed amendments to 16 CFR
part 1031, and specifically requests
comment on the following additional
issues. Comments should be submitted
in accordance with the instructions in
the ADDRESSES section at the beginning
of this notice.
1. The value of CPSC staff
participation in voluntary standard
development groups in a voting capacity
or in a leadership role, including
potential related benefits;
2. Concerns relating to, or issues
raised by, CPSC staff participation in
voluntary standard development groups
in a voting capacity or in a leadership
role, at the committee level, as well as
in leadership positions with the
governing bodies of standards-making
entities, and potential solutions or
measures to mitigate such concerns or
issues;
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3. The requirement for OEX approval
of staff participation in voluntary
standard development groups,
considering the criteria for Commission
involvement in voluntary standards
activity as noted in 16 CFR 1031.5 and
the extent and form of Commission
involvement in the development of
voluntary standards as noted in 16 CFR
1031.6, either in a voting capacity or in
a leadership role.
IV. Environmental Impact
Generally, the Commission’s
regulations are considered to have little
or no potential for affecting the human
environment, and environmental
assessments and impact statements are
not usually required. See 16 CFR
1021.5(a). The proposed rule solely
involves Commission procedure, and
therefore, the proposed rule is not
expected to have an adverse impact on
the environment. The rule generally
falls within the categorical exclusion in
16 CFR 1021.5(c), eliminating the need
for an environmental assessment or
environmental impact statement.
V. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
requires that proposed rules be
reviewed for the potential economic
impact on small entities, including
small businesses. Section 603 of the
RFA requires agencies to prepare and
make available for public comment an
Initial Regulatory Flexibility Analysis
(IRFA), describing the impact of the
proposed rule on small entities and
identifying impact-reducing
alternatives. Section 605 of the RFA
provides that no IRFA is required if the
proposal would not have significant
impacts on a substantial number of
small entities and the agency head
certifies and publishes that
determination in the notice of proposed
rulemaking in the Federal Register. This
section summarizes CPSC staff’s
assessment of the potential impact that
the proposed rule amending 16 CFR part
1031 would have on small entities.
The proposed amendment would
neither impose any new requirements
on businesses, including small
businesses, nor require any greater
governmental participation in voluntary
standards. The proposal would simply
provide the option of increased
involvement by Commission employees
in the voluntary standards process.
Participating CPSC staff would continue
to abide by existing voluntary standards
bodies’ procedures for voting
membership and leadership positions.
Although there are millions of small
businesses that conform to voluntary
standards related to consumer product
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safety, none of the proposed changes
would impose any new obligations on
small businesses that conform to
voluntary standards. Product
manufacturing, importing, testing,
reporting, recordkeeping, and other
commercial activities would be
unaffected. Accordingly, the proposed
amendment to 16 CFR part 1031 on
participation and involvement of CPSC
employees in voluntary standards
would not directly impact any small
businesses or other small entities. The
proposed amendment, if promulgated
on a final basis, would not have a
significant impact on a substantial
number of small entities.
VI. Paperwork Reduction Act
The proposed rule does not require
any stakeholder to create, maintain, or
disclose information. Thus, the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520) is not implicated in
this proposed rulemaking.
VII. Effective Date
The Administrative Procedure Act
(APA) generally requires that the
effective date of a rule be at least 30
days after publication of a final rule. 5
U.S.C. 553(d). The Commission
proposes that any final rule based on
this proposal would become effective 30
days after the final rule is published in
the Federal Register because the
proposed rule solely affects Commission
procedure and does not require
stakeholders to take any action.
List of Subjects in 16 CFR Part 1031
Business and industry, Consumer
protection, Voluntary standards.
For the reasons stated in the
preamble, the Commission proposes to
amend 16 CFR part 1031 as follows:
PART 1031—COMMISSION
PARTICIPATION AND COMMISSION
EMPLOYEE INVOLVEMENT IN
VOLUNTARY STANDARDS ACTIVITIES
1. The authority citation for part 1031
is revised to read as follows:
■
Authority: 15 U.S.C. 2051–2083; 15 U.S.C.
1261–1276; 15 U.S.C. 1191–1204; Sec. 3, 104,
106, 223 Pub. L. 110–314, 122 Stat. 3016,
3017 (2008), Sec. 3, 4 Pub. L. 112–28 (2011).
2. In § 1031.10 paragraph (b), revise
the third sentence to read: ‘‘Employee
involvement may include regularly
attending meetings of a standards
development committee or group, taking
an active part in discussions and
technical debates, expressing opinions,
expending other resources in support of
a voluntary standard development
activity, and participating as a voting
member of, or in a leadership position
tkelley on DSK3SPTVN1PROD with PROPOSALS
■
VerDate Mar<15>2010
17:10 Sep 19, 2013
Jkt 229001
on, a voluntary standard development
group, when authorized.’’
■ 3. In § 1031.11, remove paragraph (f)
and revise paragraphs (c), (d), and (e) to
read as follows:
§ 1031.11
Procedural safeguards.
*
*
*
*
*
(c) Commission officials or employees
who are authorized to participate as a
voting member of a voluntary standard
development group represent the
position of CPSC staff. Such votes or
opinions do not bind the Commission in
any way or necessarily represent the
opinions or views of the Commission,
but rather, solely represent the views of
the CPSC staff.
(d) Commission employees and
officials who are involved in the
development of voluntary standards
may accept leadership positions in
voluntary standard development groups
(e.g., committee chairman or secretary)
or leadership positions with the
governing bodies of standard-making
entities, when authorized with the prior
approval of the Office of the Executive
Director.
(e) Attendance of Commission
personnel at voluntary standards
meetings shall be noted in the public
calendar, and meeting summaries shall
be submitted to the Office of the
Secretary, as required by the
Commission’s meetings policy, 16 CFR
part 1012.
■ 4. In § 1031.12, revise paragraph (b) to
read as follows:
§ 1031.12
Membership criteria.
*
*
*
*
*
(b) All other officials and employees
not covered under § 1031.12(a) may
participate as voting members or accept
leadership positions in voluntary
standard development groups, when
authorized with the prior approval of
the Office of the Executive Director.
*
*
*
*
*
■ 5. In § 1031.12 paragraph (c), remove
the phrase: ‘‘Executive Director,’’ and
add in its place ‘‘Office of the Executive
Director.’’
Dated: September 16, 2013.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2013–22805 Filed 9–19–13; 8:45 am]
BILLING CODE 6355–01–P
PO 00000
Frm 00016
Fmt 4702
Sfmt 4702
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 390
[Docket No. FMCSA–2012–0103]
RIN 2126–AB44
Lease and Interchange of Vehicles;
Motor Carriers of Passengers
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM); request for comment.
AGENCY:
FMCSA proposes to adopt
regulations governing the lease and
interchange of passenger-carrying
commercial motor vehicles (CMVs) to:
identify the motor carrier operating a
passenger-carrying CMV and
responsible for compliance with the
Federal Motor Carrier Safety
Regulations (FMCSRs) and all other
applicable Federal regulations; ensure
that a lessor surrenders control of the
CMV for the full term of the lease or
temporary exchange of CMVs and
drivers; and require motor carriers
subject to a prohibition on operating in
interstate commerce to notify FMCSA in
writing before leasing or otherwise
transferring control of their vehicles to
other carriers. This action is necessary
to ensure that unsafe passenger carriers
cannot evade FMCSA oversight and
enforcement by operating under the
authority of another carrier that
exercises no actual control over those
operations. This action will enable the
FMCSA, the National Transportation
Safety Board (NTSB), and our Federal
and State partners to identify motor
carriers transporting passengers in
interstate commerce and correctly
assign responsibility to these entities for
regulatory violations during inspections,
compliance investigations, and crash
studies. It also provides the general
public with the means to identify the
responsible motor carrier at the time of
transportation. While detailed lease and
interchange regulations for cargocarrying vehicles have been in effect
since 1950, these proposed rules for
passenger-carrying CMVs are focused
entirely on operational safety.
DATES: You may submit comments by
November 19, 2013.
ADDRESSES: You may submit comments
identified by the docket number
FMCSA–2012–0103 using any of the
following methods:
• Web site: https://
www.regulations.gov. Follow the
SUMMARY:
E:\FR\FM\20SEP1.SGM
20SEP1
]]>Agencies
[Federal Register Volume 78, Number 183 (Friday, September 20, 2013)]
[Proposed Rules]
[Pages 57818-57822]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22805]
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1031
[CPSC Docket No. CPSC-2013-0034]
Commission Participation and Commission Employee Involvement in
Voluntary Standards Activities
AGENCY: Consumer Product Safety Commission.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The United States Consumer Product Safety Commission
(Commission or CPSC) is issuing a proposed rule that would amend the
existing regulation on Commission participation and employee
involvement in voluntary standards activities. Currently, Commission
rules allow employees to participate in voluntary standard development
groups on a non-voting basis, and do not allow Commission employees to
accept leadership positions in voluntary standard development groups.
The proposed rule would remove these restrictions and would allow
Commission employees to participate as voting members and to accept
leadership positions in voluntary standard development groups, subject
to prior approval by the Office of the Executive Director (OEX).
DATES: Written comments must be received by October 21, 2013.
ADDRESSES: You may submit comments, identified by Docket No. CPSC-2013-
0034, by any of the following methods:
Electronic Submissions
Submit electronic comments in the following way:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments.
The Commission is no longer accepting comments submitted by
electronic mail (email), except through www.regulations.gov.
Written Submissions
Submit written submissions in the following way:
Mail/Hand delivery/Courier (for paper, disk, or CD-ROM
submissions), preferably in five copies, to: Office of the Secretary,
Consumer Product Safety Commission, Room 820, 4330 East West Highway,
Bethesda, MD 20814; telephone (301) 504-7923.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received may be
posted without change, including any personal identifiers, contact
information, or other
[[Page 57819]]
personal information provided, to: https://www.regulations.gov. Do not
submit confidential business information, trade secret information, or
other sensitive or protected information electronically. Such
information should be submitted in writing.
Docket: For access to the docket to read background documents or
comments received, go to: https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Jacob Miller, Deputy Voluntary
Standards Coordinator, Office of Hazard Identification and Reduction,
Consumer Product Safety Commission, 4330 East West Highway, Bethesda,
MD 20814; telephone: 301-504-7415; jmiller@cpsc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
Many consumer products under the Commission's jurisdiction are
covered by voluntary standards. Voluntary standards provide safety
provisions addressing potential hazards associated with consumer
products found in in such locations as homes, schools, and recreational
areas. Voluntary standards activity is an ongoing process that may
involve multiple revisions to a standard within one year, or over
multiple years. Voluntary standards development activities for consumer
products within the Commission's jurisdiction are handled primarily by
three standards development/coordinating organizations: ASTM
International (previously called the American Society for Testing and
Materials), the American National Standards Institute (ANSI), and
Underwriters Laboratories Inc. (UL). Along with industry, consumer
groups, and product safety experts, CPSC staff works with these
organizations to coordinate the development of voluntary standards.
Currently, CPSC staff provides technical support to organizations
that coordinate the development of voluntary standards. According to
the CPSC's Voluntary Standards Activities FY 2013 Midyear Report, CPSC
staff will provide technical support or monitor voluntary standards
activities for 71 products in FY 2013. Staff participates in the
voluntary standards development process by providing expert advice,
technical assistance, and information, based on analyses of the numbers
and causes of deaths, injuries, or incidents associated with a product.
Staff may also conduct CPSC research, perform laboratory tests, and
provide draft language for a voluntary standard.
The Commission's involvement and staff's participation in voluntary
standards activities have been and currently are governed by the
Commission's rule at 16 CFR part 1031, Commission Participation and
Commission Employee Involvement in Voluntary Standards Activities (part
1031). Part 1031 prohibits CPSC staff from voting and precludes staff
from holding leadership positions in voluntary standards development
groups. The proposed rule would amend part 1031 to eliminate these
prohibitions and allow these activities on an optional basis, provided
that such activities have the prior approval of the CPSC Office of the
Executive Director.
A. Statutory and Regulatory Background
Congress enacted the Consumer Product Safety Act (CPSA) in 1972,
codified at 15 U.S.C. 2051, et seq., to protect consumers against
unreasonable risks of injury associated with consumer products. In
furtherance of that goal, Congress established the Consumer Product
Safety Commission as an independent regulatory agency, and Congress
granted the CPSC broad authority to promulgate mandatory safety
standards for consumer products as a necessary alternative to industry
self-regulation. 15 U.S.C. 2056(a)(1)(A). Although neither the CPSA nor
the other statutes administered by the Commission referred to voluntary
standards, the Commission issued regulations in1978, describing the
extent and form of Commission involvement in the development of
voluntary standards (43 FR 19216 (May 4, 1978)). Acknowledging the
contribution that voluntary standards had made to reducing hazards
associated with consumer products, the Commission stated its support
for an effective voluntary standards program, finding that a proper
combination of voluntary and mandatory standards can increase product
safety better than either mandatory or voluntary activities alone.
In 1981, Congress amended the CPSA, the Federal Hazardous
Substances Act (FHSA), and the Flammable Fabrics Act (FFA), to, among
other things, mandate that the Commission give preference to voluntary
standards as opposed to promulgating mandatory standards, if the
Commission determines that a voluntary standard will eliminate or
adequately reduce an unreasonable risk of injury and there will be a
likelihood of substantial compliance with the standard. 15 U.S.C.
2056(b), 15 U.S.C. 1262(g)(2), 15 U.S.C. 1193(h)(2). In 1989, the
Commission adopted regulations to reflect the policies set forth by the
1981 amendments, making several changes in the agency's policies on
employee participation in voluntary standards development activities.
The 1989 amendments also combined parts 1031 (on employee membership
and participation) and 1032 (on Commission involvement) into a revised
part 1031, titled, Commission Participation and Commission Employee
Involvement in Voluntary Standards Activities. 54 FR 6646 (Feb. 14,
1989).
In 2006, the Commission amended several provisions of part 1031. 71
FR 38754 (July 10, 2006). Among other things, the 2006 amendments
provided that Commission employees only participate in voluntary
standards efforts consistent with the Commission's priorities
identified in the operating plan, performance budget, mid-year review,
or other official Commission document. In addition, the Commission
added a requirement that employees with ongoing participation in
voluntary standards activities report regularly to the Voluntary
Standards Coordinator, to help ensure ongoing oversight and
coordination. Lastly, the 2006 amendments added a requirement that the
CPSC provide notice and the opportunity for the public to comment on
staff's positions on voluntary standards activities.
B. Recent Statutory Changes Involving Voluntary Standards
In the past, CPSC staff typically served on voluntary standards
committees based on the Commission's priorities. Staff participated
without any expectation that such voluntary standards would necessarily
form the basis of a mandatory standard. The Consumer Product Safety
Improvement Act of 2008 (CPSIA), however, gave rise to the expectation
that, for certain children's products, voluntary standards would form
the basis for mandatory standards development. For example, section
104(b) of the CPSIA requires the Commission to promulgate consumer
product safety standards for durable infant and toddler products. These
standards are to be ``substantially the same as'' applicable voluntary
standards or more stringent than the voluntary standard, if the
Commission concludes that more stringent requirements would further
reduce the risk of injury associated with the product.
Congress also has addressed participation by federal agencies in
voluntary standards development. Public Law 104-113 directed federal
agencies to ``use technical standards that are developed or adopted by
voluntary consensus standards bodies'' and to ``participate with such
bodies in the development of technical standards.'' Public L.aw 104-
113,
[[Page 57820]]
12(d)(1) & (2), 110 Stat. 775, 783 (1996), 15 U.S.C. 272 note. Congress
anticipated that federal agencies would ``work closely'' with voluntary
standards organizations, that these organizations would ``include
active government participation,'' and that agencies would ``work with
these voluntary consensus bodies, whenever and wherever appropriate.''
H.R. Rep. 104-390 at 15, 25 (1995). See also 141 Cong. Rec. H14334
(daily ed. December 12, 1995) (Statement of Rep. Morella).
C. GAO Report
On May 16, 2012, the U.S. Government Accountability Office (GAO)
issued a report titled, ``Consumer Product Safety Commission: A More
Active Role in Voluntary Standards Development Should Be Considered''
(GAO Report) (available at: https://www.gao.gov/assets/600/590990.pdf).
The GAO Report recommended that the Commission review its policy for
staff participation in voluntary standards development activities and
determine the feasibility of the agency staff assuming a more active,
engaged role in developing voluntary standards. Specifically, the GAO
Report recommended that CPSC staff be allowed to vote to approve or
disapprove balloted provisions of voluntary standards and to hold
leadership positions at various levels of standards development
organizations, including task groups, subcommittees, or committees. GAO
concluded that changing the CPSC's regulations to allow staff to
participate more actively in voluntary standards activities, especially
when working with technical committees for which CPSC staff can provide
expertise, and permitting CPSC staff to vote on voluntary standards,
could result in stronger voluntary standards, without compromising the
CPSC's independence.
D. CPSC's Response to the GAO Report
In response to the GAO Report recommendations, the Commission
proposes removing the prohibitions on CPSC staff participating as
voting members and accepting leadership positions in voluntary standard
development groups. However, the Commission would require that staff
participation in such activities receive prior approval by OEX. When
approving staff's participation in such activities, OEX should consider
the policy concerns set forth in 16 CFR 1031.9 (appearance of
preferential treatment, loss of impartiality, compromise of the
agency's independence, and a real or apparent conflict of interest).
The policy concerns in Sec. 1031.9 must be balanced against Commission
priorities, available resources, the need for greater staff
involvement, and the efficiency of the voluntary standards process.
Thus, OEX will evaluate, on a case-by-case basis, each request for
staff to participate as a voting member of a voluntary standard
development group or to accept a leadership position. OEX would
authorize staff generally to vote on matters involving a specified
voluntary standard, but would not be approving each individual vote.
Permitting CPSC staff the option to vote on a voluntary standard
and/or accept a leadership position in a voluntary standards
development group may result in a more effective voluntary standards
process and accelerate standards development and implementation,
without compromising the CPSC's independence. Such participation could
gain CPSC staff further access to and familiarity with latest
technologies, and would provide an opportunity for staff to help
establish standards that would advance CPSC's safety goals. In
addition, ``full'' federal government participation in standards
development increases the likelihood that the standards can meet both
public and private sector needs. 141 Cong. Rec. H14334 (daily ed.
December 12, 1995) (Statement of Rep. Morella). A single standard that
satisfies both industry and the CPSC would benefit both industry and
the CPSC by simplifying applicable requirements--only a single set of
standards would apply.
In addition, optional staff participation in voluntary standards
development groups by voting and taking leadership roles would be
consistent with the guidance reflected in OMB Circular A-119 Revised,
``Federal Participation in the Development and Use of Voluntary
Consensus Standards and in Conformity Assessment Activities'' (February
10, 1998). Among other things, OMB Circular A-119 encourages agency
representatives serving as members of voluntary consensus standards
bodies to ``participate actively and on an equal basis with other
members,'' and to ``vote . . . at each stage of the standards
development process unless prohibited from doing so by law of their
agencies.''
In participating as a voting member of, or in a leadership position
on, a voluntary standards development group, CPSC staff shall indicate
clearly that any views expressed in connection with such participation
represent CPSC staff's position and may not necessarily represent the
Commission's position. Making such a disclaimer is consistent with
current staff practice regarding representations in oral and written
presentations and staff documents intended for public release. As in
these contexts, CPSC staff's views cannot serve as a proxy for the
Commission's or the agency's views on any particular issue. Similarly,
CPSC staff serving in leadership positions on a voluntary standards
development group would serve in their capacity as CPSC staff members,
and their views would not necessarily represent the views of the
Commission. In particular, CPSC staff participation in a voluntary
standards development group, even in a leadership position, does not
provide any assurance that Commission will adopt the resulting
voluntary standard.
Removing prohibitions on employees voting and serving in leadership
positions should not result in the Commission compromising the policy
concerns set forth in Sec. 1031.9. Generally, before any substantive
issue is balloted on a voluntary standards committee, the committee is
given the opportunity to discuss the proposals in detail. Currently,
Commission staff engages in these discussions, such that the technical
opinions of staff are known before a proposed change in a voluntary
standard is balloted. Accordingly, CPSC staff's ability to vote on such
ballots should not fundamentally alter current procedures in a manner
that impinges on the Commission's independence. Rather, staff's ability
to vote on a voluntary standard may improve the credibility and
efficiency of the standard. Additionally, not only can OEX consider
policy concerns when deciding whether to authorize staff participation
in voluntary standards activities as voting members or in leadership
roles, but OEX's approval also can impose constraints or limitations
tailored to specific circumstances, such as measures to avoid undue
influence or any appearance of impropriety.
To serve in a leadership position on a voluntary standards
development group, CPSC staff must agree to follow the procedures set
forth by the voluntary standards development group for leadership
positions. Staff's leadership role may involve helping the development
group to run more smoothly and assisting the committee in achieving
timely deliberations.
II. Description of the Proposed Rule
Following is a section-by-section description of the proposed
changes to part 1031.
Section 1031.10(b)--Existing Sec. 1031.10(b), regarding
definitions, lists the types of activities that may comprise ``employee
involvement'' in voluntary standards development activities.
[[Page 57821]]
Proposed Sec. 1031.10(b) expands the list of activities to include:
``participating as a voting member of, or in a leadership position on,
a voluntary standard development group, when authorized,'' to recognize
that such activities are part of the term ``employee involvement.''
Section 1031.11(c)--Existing Sec. 1031.11(c), regarding procedural
safeguards, states that involvement in voluntary standards activities
by Commission officials and employees is predicated on an understanding
by the voluntary standards group that such involvement is on a non-
voting basis. The proposed rule deletes this provision as inconsistent
with the goal of allowing employees the option, with prior approval, to
participate as voting members of a voluntary standards committee.
Section 1031.11(d)--Existing Sec. 1031.11(d), regarding procedural
safeguards, states: ``[i]n no case shall Commission employees or
officials vote or otherwise formally indicate approval or disapproval
of a voluntary standard during the course of a voluntary standard
development process.'' The proposed rule renumbers this section to
Sec. 1031.11(c), and revises the content to remove the existing
language, which is inconsistent with allowing Commission employees the
option, with prior approval, to vote. The proposed rule provides that
employees authorized to participate as voting members of a voluntary
standard development group represent the position of CPSC staff. Such
votes do not necessarily represent the opinions or views of the
Commission, and would not be binding on the Commission.
Section 1031.11(e)--Existing Sec. 1031.11(e), on procedural
safeguards, states that Commission officials and employees cannot
accept voluntary standards committee leadership positions, except that
the Voluntary Standards Coordinator may accept leadership positions
with the governing bodies of standards-making entities with the
approval of the Executive Director. The proposed rule renumbers this
provision to Sec. 1031.11(d), and revises the language to state that
Commission officials or employees may accept leadership positions in
voluntary standards development groups or leadership positions with the
governing bodies of standards-making entities, when authorized with
prior approval by the Office of the Executive Director.
Section 1031.11(f)--The proposed rule renumbers existing Sec.
1031.11(f) to Sec. 1031.11(e).
Section 1031.12(b)--Existing Sec. 1031.12(b), on membership
criteria, states that all officials and employees not discussed in
Sec. 1031.12(a) [which lists Commissioners and employees who may not
become members of voluntary standards groups because they either make
or advise on final agency decisions] may be advisory, non-voting
members of voluntary standards development and advisory groups with the
prior approval of the Executive Director, including the Voluntary
Standards Coordinator. Proposed Sec. 1031.12(b) would revise the
language to provide that all other officials and employees not covered
under Sec. 1031.12(a) may participate as voting members or accept
leadership positions in voluntary standard development groups, when
authorized with the prior approval of the Office of the Executive
Director. Proposed Sec. 1031.12(b) would remove the reference to the
Voluntary Standards Coordinator because such person is not prohibited
from becoming a member of a voluntary standards group in Sec.
1031.12(a). Thus, the Voluntary Standards Coordinator would fall within
the class of persons discussed in proposed Sec. 1031.12(b) who may
serve as a voting member and hold leadership positions, as authorized.
Section 1031.12(c)--Existing Sec. 1031.12(c) references the
Executive Director as the management official with the authority to
approve staff serving as members of a voluntary standards organization
or group. Proposed Sec. 1031.12(c) removes the reference to the
``Executive Director'' and replaces it with ``Office of the Executive
Director'' to reflect that prior approval for membership in voluntary
standards activities must be approved by the Office of the Executive
Director.
III. Request for Comments
The Commission encourages stakeholders to comment on all sections
of the proposed amendments to 16 CFR part 1031, and specifically
requests comment on the following additional issues. Comments should be
submitted in accordance with the instructions in the ADDRESSES section
at the beginning of this notice.
1. The value of CPSC staff participation in voluntary standard
development groups in a voting capacity or in a leadership role,
including potential related benefits;
2. Concerns relating to, or issues raised by, CPSC staff
participation in voluntary standard development groups in a voting
capacity or in a leadership role, at the committee level, as well as in
leadership positions with the governing bodies of standards-making
entities, and potential solutions or measures to mitigate such concerns
or issues;
3. The requirement for OEX approval of staff participation in
voluntary standard development groups, considering the criteria for
Commission involvement in voluntary standards activity as noted in 16
CFR 1031.5 and the extent and form of Commission involvement in the
development of voluntary standards as noted in 16 CFR 1031.6, either in
a voting capacity or in a leadership role.
IV. Environmental Impact
Generally, the Commission's regulations are considered to have
little or no potential for affecting the human environment, and
environmental assessments and impact statements are not usually
required. See 16 CFR 1021.5(a). The proposed rule solely involves
Commission procedure, and therefore, the proposed rule is not expected
to have an adverse impact on the environment. The rule generally falls
within the categorical exclusion in 16 CFR 1021.5(c), eliminating the
need for an environmental assessment or environmental impact statement.
V. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) requires that proposed rules
be reviewed for the potential economic impact on small entities,
including small businesses. Section 603 of the RFA requires agencies to
prepare and make available for public comment an Initial Regulatory
Flexibility Analysis (IRFA), describing the impact of the proposed rule
on small entities and identifying impact-reducing alternatives. Section
605 of the RFA provides that no IRFA is required if the proposal would
not have significant impacts on a substantial number of small entities
and the agency head certifies and publishes that determination in the
notice of proposed rulemaking in the Federal Register. This section
summarizes CPSC staff's assessment of the potential impact that the
proposed rule amending 16 CFR part 1031 would have on small entities.
The proposed amendment would neither impose any new requirements on
businesses, including small businesses, nor require any greater
governmental participation in voluntary standards. The proposal would
simply provide the option of increased involvement by Commission
employees in the voluntary standards process. Participating CPSC staff
would continue to abide by existing voluntary standards bodies'
procedures for voting membership and leadership positions.
Although there are millions of small businesses that conform to
voluntary standards related to consumer product
[[Page 57822]]
safety, none of the proposed changes would impose any new obligations
on small businesses that conform to voluntary standards. Product
manufacturing, importing, testing, reporting, recordkeeping, and other
commercial activities would be unaffected. Accordingly, the proposed
amendment to 16 CFR part 1031 on participation and involvement of CPSC
employees in voluntary standards would not directly impact any small
businesses or other small entities. The proposed amendment, if
promulgated on a final basis, would not have a significant impact on a
substantial number of small entities.
VI. Paperwork Reduction Act
The proposed rule does not require any stakeholder to create,
maintain, or disclose information. Thus, the Paperwork Reduction Act of
1995 (44 U.S.C. 3501-3520) is not implicated in this proposed
rulemaking.
VII. Effective Date
The Administrative Procedure Act (APA) generally requires that the
effective date of a rule be at least 30 days after publication of a
final rule. 5 U.S.C. 553(d). The Commission proposes that any final
rule based on this proposal would become effective 30 days after the
final rule is published in the Federal Register because the proposed
rule solely affects Commission procedure and does not require
stakeholders to take any action.
List of Subjects in 16 CFR Part 1031
Business and industry, Consumer protection, Voluntary standards.
For the reasons stated in the preamble, the Commission proposes to
amend 16 CFR part 1031 as follows:
PART 1031--COMMISSION PARTICIPATION AND COMMISSION EMPLOYEE
INVOLVEMENT IN VOLUNTARY STANDARDS ACTIVITIES
0
1. The authority citation for part 1031 is revised to read as follows:
Authority: 15 U.S.C. 2051-2083; 15 U.S.C. 1261-1276; 15 U.S.C.
1191-1204; Sec. 3, 104, 106, 223 Pub. L. 110-314, 122 Stat. 3016,
3017 (2008), Sec. 3, 4 Pub. L. 112-28 (2011).
0
2. In Sec. 1031.10 paragraph (b), revise the third sentence to read:
``Employee involvement may include regularly attending meetings of a
standards development committee or group, taking an active part in
discussions and technical debates, expressing opinions, expending other
resources in support of a voluntary standard development activity, and
participating as a voting member of, or in a leadership position on, a
voluntary standard development group, when authorized.''
0
3. In Sec. 1031.11, remove paragraph (f) and revise paragraphs (c),
(d), and (e) to read as follows:
Sec. 1031.11 Procedural safeguards.
* * * * *
(c) Commission officials or employees who are authorized to
participate as a voting member of a voluntary standard development
group represent the position of CPSC staff. Such votes or opinions do
not bind the Commission in any way or necessarily represent the
opinions or views of the Commission, but rather, solely represent the
views of the CPSC staff.
(d) Commission employees and officials who are involved in the
development of voluntary standards may accept leadership positions in
voluntary standard development groups (e.g., committee chairman or
secretary) or leadership positions with the governing bodies of
standard-making entities, when authorized with the prior approval of
the Office of the Executive Director.
(e) Attendance of Commission personnel at voluntary standards
meetings shall be noted in the public calendar, and meeting summaries
shall be submitted to the Office of the Secretary, as required by the
Commission's meetings policy, 16 CFR part 1012.
0
4. In Sec. 1031.12, revise paragraph (b) to read as follows:
Sec. 1031.12 Membership criteria.
* * * * *
(b) All other officials and employees not covered under Sec.
1031.12(a) may participate as voting members or accept leadership
positions in voluntary standard development groups, when authorized
with the prior approval of the Office of the Executive Director.
* * * * *
0
5. In Sec. 1031.12 paragraph (c), remove the phrase: ``Executive
Director,'' and add in its place ``Office of the Executive Director.''
Dated: September 16, 2013.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2013-22805 Filed 9-19-13; 8:45 am]
BILLING CODE 6355-01-P
