Disclosure of Interests in Commission Proceedings, 67127-67135 [2023-20184]

Agencies

• Consumer Product Safety Commission

[Federal Register Volume 88, Number 188 (Friday, September 29, 2023)]
[Proposed Rules]
[Pages 67127-67135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20184]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Parts 1000, 1025, 1051, 1052 and 1502

[CPSC Docket No. CPSC-2023-0038]


Disclosure of Interests in Commission Proceedings

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The United States Consumer Product Safety Commission 
(``Commission'' or ``CPSC'') is issuing this notice of proposed 
rulemaking (``NPR'') to establish disclosure requirements for persons 
seeking to make certain appearances before the Commission. 
Specifically, the proposed requirements provide for disclosure of 
whether: any person other than the submitter authored, in whole or in 
part, an oral presentation, adjudicative testimony, or petition for 
rulemaking submitted to the Commission; any person other than the 
submitter made or has agreed to make a monetary contribution to fund 
the oral presentation, adjudicative testimony, or petition for 
rulemaking; and the submitter of a request to provide oral testimony 
before the Commission has an existing business relationship by which 
the submitter expects to receive direct or indirect financial benefit 
in connection with the oral presentation or the Commission activity 
that is the subject of the oral presentation. The Commission similarly 
proposes to require that any person seeking to participate as an 
intervenor or other participant in any adjudicative proceeding before 
the Commission shall disclose whether a party in the proceeding or a 
party's counsel

[[Page 67128]]

authored the petition to intervene or request to participate, as well 
as the identity of each person who has made or has agreed to make a 
monetary contribution to fund the request to participate or proposed 
participation. Additionally, the Commission proposes disclosure of 
certain corporate affiliations in these contexts. Finally, the 
Commission proposes technical revisions to its regulations establishing 
procedures for filing petitions for rulemaking and requests for oral 
presentation.

DATES: Submit comments by November 28, 2023.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2023-
0038, by any of the following methods:
    Electronic Submissions: Submit electronic comments to the Federal 
eRulemaking Portal at: www.regulations.gov. Follow the instructions for 
submitting comments. Do not submit through this website: confidential 
business information, trade secret information, or other sensitive or 
protected information that you do not want to be available to the 
public. CPSC typically does not accept comments submitted by electronic 
mail (email), except as described below.
    Mail/hand delivery/courier/confidential Written Submissions: CPSC 
encourages you to submit electronic comments using the Federal 
eRulemaking Portal. You may, however, submit comments by mail, hand 
delivery, or courier to: Office of the Secretary, Consumer Product 
Safety Commission, 4330 East West Highway, Bethesda, MD 20814; 
telephone (301) 504-7479.
    Instructions: All submissions must include the agency name and 
docket number. CPSC may post all comments without change, including any 
personal identifiers, contact information, or other personal 
information provided, to: www.regulations.gov. If you wish to submit 
confidential business information, trade secret information, or other 
sensitive or protected information that you do not want to be available 
to the public, you may submit such comments by mail, hand delivery, or 
courier, or you may email them to: [email protected].
    Docket: For access to the docket to read background documents or 
comments received, go to: www.regulations.gov, and insert the docket 
number, CPSC-2023-0038, into the ``Search'' box, and follow the 
prompts.

FOR FURTHER INFORMATION CONTACT: Hilda M. Garcia Concepcion, Attorney, 
Division of Federal Court Litigation, Office of the General Counsel, 
Consumer Product Safety Commission, 4330 East West Highway, Bethesda, 
MD 20814; telephone: 301-504-7548; email: [email protected].

SUPPLEMENTARY INFORMATION: The Commission proposes in this NPR to amend 
its regulations to require disclosures of interests and sources of 
funding by those seeking to present oral testimony, request rulemaking 
before the Commission, or participate in an adjudicative proceeding. 
These proposed amendments are modeled after Supreme Court Rule 37.6 and 
Rule 29(a)(4)(e) of the Federal Rules of Appellate Procedure (FRAP). 
Both of those judicial rules provide that amici curiae (i.e., those 
filing briefs as ``friends of the court'') must state: whether a 
party's counsel authored the brief in whole or in part; whether a party 
or a party's counsel contributed money that was intended to fund 
preparing or submitting the brief; and whether any person other than 
the amicus curiae, its members, or its counsel, funded preparing or 
submitting the brief, and if so, identifies those persons.
    The proposed amendment also includes a requirement for disclosure 
of certain corporate affiliations that is modeled after FRAP 26.1(a), 
which provides that any non-governmental corporation that is a party to 
a proceeding must file a statement identifying any parent corporation 
and any publicly held corporation that owns 10% or more of its stock or 
stating that there is no such corporation.

I. Statutory Authority and Background

    The Commission seeks to encourage interested stakeholders, 
including consumers and consumer organizations, among others, to 
participate actively in the agency's decision-making processes. This 
includes participation in public hearings before the Commission, 
adjudicative proceedings, and petitioning for rulemaking, among other 
opportunities. To that end, 16 CFR part 1025 establishes the 
Commission's Rules of Practice for Adjudicative Proceedings (``Rules of 
Practice''), 16 CFR part 1051 establishes the Procedures for 
Petitioning for Rule Making, and 16 CFR part 1052 establishes the 
Procedural Regulations for Informal Oral Presentations in Proceedings 
before the Commission.

A. Adjudicative Proceedings and Evidentiary Public Hearings

    The Consumer Product Safety Act (15 U.S.C. 2064(c), (d), (f) & 
2076(b)) (CPSA), Federal Hazardous Substances Act (15 U.S.C. 1274) 
(FHSA), Flammable Fabrics Act (15 U.S.C. 1192, 1194, 1197(b)) (FFA), 
and Poison Prevention Packaging Act (15 U.S.C. 1473(c)) (PPPA) all 
authorize the Commission to conduct adjudicative proceedings for 
mandatory recalls of covered products, or other action to protect the 
public. Final Decisions and Orders in adjudicative proceedings are 
decided based on an administrative record after opportunity for a 
hearing.
    The Commission's Rules of Practice at 16 CFR 1025.17, titled 
``Intervention,'' allow persons who are not parties to an adjudication 
to apply for participation as either an intervening party or a non-
party. In making a discretionary determination to grant or deny 
participation, the presiding officer is required to consider, among 
other things, the extent to which the petitioner's intervention may 
reasonably be expected to assist in developing a sound record; the 
extent to which the petitioner's interest will be represented by 
existing parties; the extent to which the petitioner's intervention may 
broaden the issues or delay the proceedings; and the extent to which 
the person's participation can be expected to assist the presiding 
officer and the Commission in rendering a fair and equitable resolution 
of all matters in controversy. If the presiding officer determines that 
there is a duplication of interest among those seeking to participate, 
the presiding officer may limit the participation by designating a 
single representative. 16 CFR 1025.17(f).
    In addition to these adjudications, the Commission may hold formal 
evidentiary public hearings under certain sections of the FHSA and PPA. 
Part 1502 of the Commission's rules establishes procedures for these 
formal evidentiary public hearings, including the processes for 
requesting hearings and filing notices of participation. 16 CFR 1502.5-
1502.17.

B. Petitions for Rulemaking

    In accordance with the Administrative Procedure Act (5 U.S.C. 
553(e)), any person may petition the Commission to issue, amend, or 
revoke Commission regulations under the Acts the Commission 
administers. At 16 CFR part 1051, the Commission has established 
procedures for the submission and disposition of petitions for the 
issuance, amendment, or revocation of rules under the CPSA or other 
statutes administered by the Commission.
    Section 1051.5(a) establishes the requirements for petitioning for 
rulemaking, which include that the petition shall be written in 
English, contain the name and address of the petitioner, indicate the 
product

[[Page 67129]]

regulated under the CPSA or other statute administered by the 
Commission for which rulemaking is sought, set forth facts establishing 
that the rulemaking is necessary, make an explicit request to the 
Commission to initiate rulemaking, and set forth a brief description of 
the substance of the proposed rule, amendment, or revocation. The 
Commission may grant or deny the petition. 16 CFR 1051.10, 1051.11.

C. Informal Oral Presentations in Proceedings Before the Commission

    The CPSA (15 U.S.C. 2058(d)(2) and 2064(c)), FHSA (id. 1274), FFA 
(id. 1193(d)), and PPPA (id. 1473(c)) all require the Commission to 
give interested persons an opportunity to make oral presentations of 
data, views, or arguments, or provide for an opportunity for a hearing 
regarding rulemaking. The CPSA also authorizes informal hearings or 
other inquiries, which can be conducted by the Commission or by one or 
more of its members, or by designated agents in non-rulemaking 
situations. 15 U.S.C. 2076(a). The CPSA further provides that the 
Commission shall conduct a public hearing on the annual agenda and 
priorities for Commission action. 15 U.S.C. 2053(j). Section 1000.8 of 
the Commission's rules provides that the Commission may conduct 
hearings as necessary or appropriate to its functions and will afford 
reasonable opportunity for interested persons to present relevant 
testimony at such hearings.
    Part 1052 of the Commission's rules sets forth the rules of 
procedure for oral presentation of data, views or arguments in informal 
rulemakings or investigatory situations. The Chairman of the 
Commission, or another presiding officer appointed by the Chairman with 
the concurrence of the Commission, shall have the powers necessary to 
secure the efficient conduct of the oral proceedings, including the 
right to require a single representative to present the views of others 
with similar interests. 16 CFR 1052.4.

II. Reasons for Proposed Revisions

    The proposed rule changes are based on the Supreme Court Rules and 
the FRAP, which establish requirements for amicus curiae briefs written 
by non-parties to assist the court by providing relevant information 
not otherwise submitted, and on the FRAP's provisions for disclosure of 
certain corporate affiliations.
    In 1997 the Supreme Court amended its rules to require disclosure 
of a party's involvement in the drafting or funding of non-governmental 
amicus briefs. Supreme Court Rule 37.6 provides that ``a brief filed 
under this Rule shall indicate whether counsel for a party authored the 
brief in whole or in part and whether such counsel or a party made a 
monetary contribution intended to fund the preparation or submission of 
the brief, and shall identify every person or entity, other than the 
amicus curiae, its members, or its counsel, who made such a monetary 
contribution.''
    Similarly, FRAP 29(a)(4)(E), adopted in 2010 and modeled after 
Supreme Court Rule 37.6, provides that an amicus filer that is not a 
Federal or state government entity must include a statement in the 
amicus brief addressing whether ``a party's counsel authored the brief 
in whole or in part;'' whether ``a party or party's counsel contributed 
money that was intended to fund preparing or submitting the brief,'' 
and whether ``a person--other than the amicus curiae, its member, or 
its counsel--contributed money that was intended to fund preparing or 
submitting the brief and, if so, identifies each such person.''
    The Supreme Court is understood to have adopted its disclosure rule 
``in an effort to stop parties in a case from surreptitiously `buying' 
what amounts to a second or supplemental merits brief, disguised as an 
amicus brief, to get around word limits.'' Supreme Court Rule Crimps 
Crowd-Funded Amicus Briefs, LAW.COM (Dec. 10, 2018, 2:53 p.m.), 
available at https://www.yahoo.com/entertainment/supreme-court-rule-puts-crimp-075351473.html?guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&guce_referrer_sig=AQAAADJ2YF4CP_uQ2RVhjKDq6IXyiSRacfhjKhuXKIh9V-bTxca5H7uVdDtnYSHb-TcniJrVwTS9p-jWaoOjsHmckiI0QQiOpbBnFmxvQjHlFKr0OiPoouGbezukzy88VPBIP6I2Ghg8OUcDL-2TW0ZZ2UyS4LklU3RQhFqaXmAs4Xuw, Supreme Court Rule Crimps Crowd-Funded 
Amicus Briefs [verbar] National Law Journal. In 2018, the Supreme 
Court's Public Information Office further explained that ``Rule 37.6 
[serves] to preclude an amicus from filing a brief if contributors are 
anonymous.'' LAW.COM, supra. The parallel Federal Rule of Appellate 
Procedure serves efficiency and transparency goals by ``deter[ring] 
counsel from using an amicus brief to circumvent page limits'' that the 
FRAP places on parties' briefs. FRAP 29(c)(5) advisory committee's note 
to 2010 amendment.
    Like these rules of the U.S. Supreme Court and Federal Court of 
Appeals, the proposed rules would deter circumvention of Commission 
procedural requirements, avoid redundant presentations, and improve 
transparency regarding the motivations of those with an interest in 
proceedings before the Commission. The disclosure requirement for any 
contributing party improves the fairness and accuracy of decision-
making by providing the Commission relevant information it otherwise 
lacks. Knowing if a proposed participant is funded or financed by 
another or has a business relationship by which the proposed 
participant expects to receive financial benefit in connection with the 
oral presentation or the Commission activity subject of the oral 
presentation, assists the Commission in appropriately evaluating the 
intent of the proposed participation, identifying bias or special 
interest, and eliminating duplicative presentations. Just as the 
Federal courts' disclosure requirements provide the decisionmakers, the 
litigants, and the general public insight into the parties that are 
framing the appellate proceeding, see S. Whitehouse, A Flood of 
Judicial Lobbying: Amicus Influence and Funding Transparency, 131 Yale 
L.J. F. 141 (Oct. 24, 2021), the proposed rule changes will allow the 
Commission, the parties to a matter, and the public to know who is 
seeking to influence the Commission's decisions on consumer product 
safety issues. With the proposed disclosure requirements, the 
Commission can better identify those seeking to influence its decisions 
and better maintain the efficiency and integrity of the proceedings. 
Indeed, particularly in the context of the Commission's adjudicative 
proceedings, the function of the proposed rule's requirements is 
precisely the same as the role of the parallel Supreme Court and 
appellate rules.
    In adjudicative proceedings when considering a petition to 
intervene or request to participate, the presiding officer will 
consider, among other things, the extent to which the participation 
will assist the Commission in rendering a fair and equitable resolution 
of the matters in controversy, the extent to which a petitioner's 
interest will be represented by an existing party, and the extent to 
which the participation might delay the proceedings. 16 CFR 1025.17(d) 
and (e). The presiding officer also has the power to designate a single 
representative where the petitioner or requester shares ``identity of 
interest'' with any other intervenor or participant. 16 CFR 1025.17(f). 
Similarly, when making determinations regarding objections or requests 
for a public hearing under 16

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CFR part 1502, the Commission may broadly investigate whether a hearing 
has been justified. See 16 CFR 1502.8.
    When considering petitions for rulemaking, the Commission 
considers, among other factors, whether failure to initiate the 
requested proceeding would unreasonably expose the petitioner or other 
consumers to a risk of injury. To allocate its limited resources, the 
Commission treats as an important component of each petition the 
relative priority of the risk of injury associated with the product. 16 
CFR 1051.9. When rulemaking petitions are filed by parties--such as 
consultants--who do not disclose the identity of their paying clients 
or others whose interests they represent, the Commission is less able 
to assess accurately the actual priority of the asserted risk of 
injury. Therefore, the information afforded by the proposed disclosure 
requirements better positions the Commission to prioritize the requests 
it receives.
    The Procedural Regulations for Oral Presentations in Proceedings 
Before the Consumer Product Safety Commission already give the officer 
presiding over a hearing authority to: (1) apportion the time for 
presentations; (2) terminate or shorten a presentation that is 
repetitive or not relevant; and (3) identify groups or persons with the 
same or similar interests in the proceedings and require a single 
representative to present the views of participants who have the same 
or similar interests. To do this, the presiding officer may question 
those making an oral presentation as to their testimony and any other 
relevant matter. 16 CFR 1052.4(c).
    The pre-hearing disclosure requirements proposed in this NPR 
likewise serves the public interest by avoiding repetitive, 
inefficient, and/or misleading testimony that can come as a result of 
multiple presentations that in fact represent a single interest. It 
complements the Commission's practice of requiring those seeking to 
make an oral presentation to provide, as part of their request, the 
written text of the proposed oral presentation.\1\
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    \1\ See, e.g., Commission Agenda and Priorities, Notice of 
Hearing, 87 FR 15,209 (Mar. 17, 2022); Safety Standard for Clothing 
Storage Units; Notice of Opportunity for Oral Presentation and 
Comments, 87 FR 11,366 (Mar. 1, 2022).
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    Importantly, this NPR's proposals do not limit participation in 
Commission proceedings, but only provide the Commission and the public 
additional information about potential participants. We agree on this 
point with the United States Chamber of Commerce, which explained, in 
discussing FRAP 29(a)(4)(e), that its approach ``strikes an appropriate 
and time-tested balance between the interest in protecting the 
integrity of the amicus process and the protection of associational 
rights.'' Letter from Daryl Joseffer, Exec. Vice President & Chief 
Couns., U.S. Chamber of Commerce Litigation Center., to Honorable Jay 
S. Bybee (Oct. 6, 2021) (discussing potential amendments to the amicus 
disclosure requirements of FRAP 29), available at https://www.uscourts.gov/sites/default/files/21-ap-h_suggestion_from_sen._whitehouse_and_rep._johnson_-_rule_29_0.pdf.
    Similarly, the proposed requirements to disclose business interests 
that may shape an oral presentation do not implicate or burden 
associational rights. The proposed rules require disclosure of direct 
or indirect financial benefits that are expected to stem from the 
Commission's relevant activity, or participation in it. For example, 
the requester might receive payment specifically for appearing before 
the Commission or, might expect an indirect financial benefit if a 
client (such as a client in an ongoing contract for consulting 
services) will be directly affected by the Commission's activity. The 
disclosure of these pertinent financial interests does not require the 
identification of specific business partners, but rather disclosure of 
the existence of a business relationship by which the requester expects 
to receive a direct or indirect financial benefit. These disclosure 
requirements provide information that is useful for the Commission to 
assess proposed testimony and, if participation is granted, to place it 
in context.
    Other Federal and state agencies have similar disclosure 
requirements, either in their rules or as part of the information that 
must be provided when making submissions. As an example, the Federal 
Communications Commission requires that a person seeking to submit a 
filing in its proceedings must identify the person or entities ``whose 
views the filing represents.'' Federal Communications Commission, 
Submit Standard Filing, available at https://www.fcc.gov./ecfs/filings/
standard. Similarly, Rule 1.4(b)(1) of the Rules of Practice and 
Procedure of the California Public Utilities Commission requires a 
person seeking to become a party to a proceeding before that agency to 
``fully disclose the persons or entities in whose behalf the filing [of 
the motion to become a party], appearance or motion is made, and the 
interest of such persons or entities in the proceeding.''
    The proposed disclosure of interest requirements would not only 
improve transparency and efficiency as a general matter, but also allow 
the Commission and its staff, including presiding officers in 
adjudications, to better identify potential conflicts of interest or 
other ethical concerns that could arise from the identities or 
interests of participants in those proceedings.
    Relatedly, and similar to the FRAP, the proposed rules require 
disclosure of certain corporate affiliations. The purpose of the 
corporate disclosure statement required by the FRAP 26.1 is to assist 
judges in making a determination of whether they have interests in any 
of a party's related corporate entities that would disqualify the judge 
from participating in a judicial appeal. See Fed R. App. P. 26.1(a) 
advisory committee's note to 1998 amendment; Fed R. App. P. 26.1(a) 
advisory committee's note on Rules-1989. In the same way, the proposed 
requirements for disclosure of certain corporate affiliations will 
better enable CPSC Commissioners and staff to identify a potential 
conflict of interest that might merit recusal from a proceeding. See 18 
U.S.C. 208(a) (generally barring Federal employees from participating 
personally and substantially in any particular matter in which they 
know they, or any person whose interest is imputed to them, have a 
financial interest directly and predictably affected by the matter); 16 
CFR 1025.42(e) (disqualification of presiding officers in adjudicative 
proceedings). Disclosure of underlying corporate interests also may 
serve efficiency interests by allowing the Commission and its presiding 
officers to better organize proceedings to reflect commonalities of 
interest among the participants.
    As with the disclosure interest requirements discussed above, 
corporate disclosure requirements are required by other administrative 
agencies. For example, the Occupational Safety and Health Review 
Commission (OSHRC) requires that: ``All answers, petitions for 
modification of abatement period, or other initial pleadings filed 
under these rules by a corporation shall be accompanied by a separate 
declaration listing all parents, subsidiaries, and affiliates of that 
corporation or stating that the corporation has no parents, 
subsidiaries, or affiliates, whichever is applicable.'' 29 CFR 2200.35.
    There may be material interests that would not be revealed even 
under this NPR's proposals. In section IX below, we seek comment 
whether other amendments to the Commission's rules should be adopted to 
promote the purposes of this NPR in circumstances that are not covered 
by the specific rules proposed here.

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III. Description of the Proposed Revisions

    This section describes the changes proposed in this NPR in the 
order in which they will appear in the Commission's rules.

A. Table of Contents

    The NPR proposes conforming changes to the Tables of Contents for 
16 CFR parts 1025 and 1052.

B. Part 1000--Commission Organization and Functions

1. Proposed Changes to Sec.  1000.5 (Petitions)
    In conjunction with the proposed changes regarding requirements for 
testimony and participation in Commission proceedings, the NPR proposes 
a technical change that directs petitioners to follow the procedure for 
submitting petitions found in 16 CFR part 1051.
2. Proposed Changes to Sec.  1000.8 (Meetings and Hearings; Public 
Notice)
    To conform to the proposed changes implementing disclosure of 
interest requirements for testimony and participation in Commission 
proceedings, the NPR proposes to add a new paragraph (e) stating: ``Any 
person requesting the opportunity to present oral testimony before the 
Commission shall satisfy the requirements in Sec.  1052.3.''

C. Part 1025--Subpart B--Pleadings, Form, Execution, Service of 
Documents

    The NPR proposes to adopt disclosure of interest requirements for 
any person seeking to provide testimony or participate in an 
adjudicative proceeding before the Commission. The proposed changes 
would align CPSC's Rules of Procedure with the amicus funding 
disclosure requirements in Supreme Court Rule 37.6 and FRAP 
29(a)(4)(e). The disclosure of interest requirements will improve 
transparency and lessen the likelihood of delay or repetition in 
adjudicative proceedings by giving the presiding officer information 
necessary to determine the identity of interest of those seeking to 
participate. For Part 1025-Subpart B, the NPR proposes to replace the 
heading of Sec.  1025.17 ``Intervention'' with ``Participation.'' This 
is a non-substantive change to better align the heading of the section 
with its content.
    The NPR also proposes to add a new paragraph (3) to Sec.  
1025.17(a), ``Participation as an intervenor,'' adding a new 
requirement for a petition to intervene in an adjudicative proceeding. 
The proposed paragraph (a)(3) reads as follows:
    (3) Unless a petition to intervene is made by the United States or 
a State, local or foreign government, or by an agency thereof, or an 
Indian Tribe, city, county, town or similar entity when submitted by 
its law officer, the petition shall include a statement that indicates 
whether:
    (i) a party or a party's counsel authored the petition to intervene 
in whole or in part, and, if so, identifies such party;
    (ii) a party or a party's counsel has made or has agreed to make a 
monetary contribution to the petitioner intended to fund the petition 
or proposed participation and, if so, identifies such party; and
    (iii) a person other than the petitioner, its members, or its 
counsel has made or has agreed to make a monetary contribution intended 
to fund the petition or proposed participation and, if so, identifies 
each such person;
    (iv) if no such authorship or contributions were or will be 
provided, the statement should affirmatively indicate that no 
assistance that is reportable under this Rule has been provided or 
promised.
    New paragraph 1025.17(a)(4) would require a corporate disclosure 
statement for corporations that seek to participate as intervenors.
    Current paragraph (3) of Sec.  1025.17(a) would be redesignated as 
paragraph (5), with no other changes.
    The NPR also proposes to add similar disclosure of interest 
requirements and corporate disclosure requirements for persons who 
request to participate in an adjudicative proceeding without gaining 
the party status of an intervenor.

D. Part 1051--Procedure for Petitioning for Rulemaking

1. Proposed Changes to Sec.  1051.1 (Scope)
    Section 1051.1(b) states the requirements and recommendations to be 
followed by those seeking to file a petition for rulemaking. The NPR 
proposes to clarify this provision by replacing ``Persons filing 
petitions for rulemaking shall follow as closely as possible the 
requirements and are encouraged to follow as closely as possible the 
recommendations for filing petitions under Sec.  1051.5'' with 
``Persons filing petitions for rulemaking shall satisfy the 
requirements in Sec.  1051.5(a) and are encouraged to follow as closely 
as possible the recommendations for filing petitions under Sec.  
1051.5(b).''
    To conform with these changes, the NPR also proposes a change to 
Sec.  1051.1(c). The NPR proposes to replace the last sentence of Sec.  
1051.1(c), which currently reads ``In addition, however, persons filing 
such petitions shall follow the requirements and are encouraged to 
follow the recommendations for filing petitions as set forth in Sec.  
1051.5,'' with ``In addition, persons filing such petitions shall 
satisfy the requirements in Sec.  1051.5(a) and are encouraged to 
follow the recommendations for filing petitions in Sec.  1051.5(b).''
2. Proposed Changes to Sec.  1051.3 (Place of Filing)
    To improve efficiency and reflect current technologies, the NPR 
proposes to provide that petitions for rulemaking may be filed by 
electronic submission, in addition to mail or hand delivery.
3. Proposed Changes to Sec.  1051.4 (Time of Filing)
    To conform to the change proposed in Sec.  1051.3 to include 
electronic submission as a permitted method of filing petitions for 
rulemaking, the NPR proposes clarification to the time of filing. The 
proposed revised section reads as follows:
    A petition shall be considered filed by electronic submission 
(i.e., emailed) when it is received in the Office of the Secretary. If 
the electronic submission is received outside of business hours, or on 
a weekend or holiday, the date of receipt shall be the next business 
day. A petition shall be considered filed by mail or in person when 
time-date stamped as received in the Office of the Secretary.
4. Proposed Changes to Sec.  1051.5 (Requirement and Recommendations 
for Petitions)
    The NPR proposes to add the disclosure of interest and corporate 
disclosure requirements as new paragraphs ``(3)'' and ``(4)'' of Sec.  
1051.5(a), which read as follows:
    (3) Unless the petition is made by the United States or a State, 
local or foreign government or by an agency thereof, or an Indian 
Tribe, city, county, town or similar entity when submitted by its law 
officer, the petition shall include a statement that indicates whether:
    (i) a person, other than the petitioner, its members, or its 
counsel authored the petition in whole or in part and, if so, 
identifies each such person; and
    (ii) a person other than the petitioner, its members, or its 
counsel has made or has agreed to make a monetary contribution intended 
to fund the petition and, if so, identifies each such person;
    (iii) if no such authorship or contributions were or will be 
provided,

[[Page 67132]]

the statement should affirmatively indicate that no assistance that is 
reportable under this Rule has been provided or promised.
    (4) In the case of a corporation, contain a statement that 
identifies any parent corporation and any publicly held corporation 
that owns 10% or more of its stock, or state that there is no such 
corporation.
    To conform with these proposed additions, former requirements 
``(3), (4) and (5)'' would become, respectively, requirements ``(5), 
(6) and (7).''

E. Part 1052--Procedural Regulations for Informal Oral Presentations in 
Proceedings Before the Consumer Product Safety Commission

1. Proposed Changes to Sec.  1052.1 (Scope and Purpose)
    Section 1052.1 states the Scope and Purpose for informal oral 
presentations in proceedings before the Commission. For clarity and 
uniformity, and in order to ensure the disclosure of interest 
requirements apply generally throughout CPSC's proceedings, the NPR 
proposes to reference in Sec.  1052.1(a) the following statutory 
provisions: Section 15(c) and (d) of the Consumer Product Safety Act, 
15 U.S.C. 2064(c) and (d), section 15 of the Federal Hazardous 
Substances Act, 15 U.S.C. 1274, section 4(j) of the Consumer Product 
Safety Act, 15 U.S.C. 2053(j), and 16 CFR 1000.8, all of which provide 
that the Commission shall give interested persons an opportunity for 
oral presentations or an opportunity for a hearing before the 
Commission. Reflecting this new specificity and to avoid confusion, the 
NPR also proposes to eliminate from this paragraph (a) the following, 
less specific language: ``Several rulemaking provisions of the statutes 
administered by the Commission are subject only to the rulemaking 
procedures of the Administrative Procedure Act. Section 4(c) of the 
Administrative Procedure Act provides that the opportunity for oral 
presentations may or may not be granted in rulemaking under that 
section.''
    The NPR further proposes minor changes to Sec.  1052.2(b) with the 
same purpose of achieving clarity and uniformity throughout its 
regulations and statutes.
2. Proposed Changes to Sec.  1052.3 (Conduct of Oral Presentation)
    The NPR proposes to add a new Sec.  1052.3 for informal oral 
presentations in proceedings before the Commission, to be titled 
``Requesting Opportunity for Oral Presentations.'' The proposed section 
reads:


Sec.  1052.3  Requesting opportunity for oral presentations.

    (a) Unless otherwise stated in the Federal Register notice 
referenced in Sec.  1052.2, any person who seeks to make an oral 
presentation shall make an electronic submission of the request to the 
Office of the Secretary, Consumer Product Safety Commission at [email protected], not later than five business days before the scheduled 
opportunity.
    (b) Unless otherwise stated in the Federal Register notice 
referenced in Sec.  1052.2, the request to make an oral presentation 
shall:
    (1) Be written in the English language;
    (2) Contain the name and address of the requester, and its counsel, 
if any;
    (3) Contain the name and address of any person on whose behalf the 
requested oral presentation is to be made;
    (4) Unless the request to make an oral presentation is made by the 
United States or a State, local or foreign government, or by an agency 
thereof, or an Indian Tribe, city, county, town or similar entity when 
submitted by its law officer, the request shall include a statement 
that indicates whether:
    (i) a person other than the requester, its members, or its counsel 
authored the request in whole or in part and, if so, identifies such 
person;
    (ii) a person other than the requester, its members, or its counsel 
has made or has agreed to make a monetary contribution intended to fund 
the oral presentation and, if so, identifies each such person;
    (iii) the requester has an existing business relationship by which 
the requester expects to receive direct or indirect financial benefit 
in connection with the oral presentation or the Commission activity 
that is the subject of the oral presentation and, if so, describes the 
nature of that business relationship;
    (iv) if no such authorship or contributions were or will be 
provided, and no such business relationship exists, the statement 
should affirmatively indicate that no assistance that is reportable 
under this Rule has been provided or promised and no business 
relationship that is reportable under this Rule exists.
    (5) If the requester is a corporation, contain a statement that 
identifies any parent corporation and any publicly held corporation 
that owns 10% or more of its stock, or state that there is no such 
corporation.
    (6) Contain the written text of the proposed oral presentation.
3. Proposed Changes to New Sec.  1052.4 (Conduct of Oral Presentation)
    Given the addition of new 16 CFR 1052.3 ``Requesting Opportunity 
for oral presentations,'' the NPR proposes to renumber former Sec.  
1052.3 ``Conduct of oral presentation'' as Sec.  1052.4. For clarity, 
the NPR also proposes to make a technical change and to eliminate 
``legislative type'' from paragraph (b). The proposed Sec.  1052.4(b) 
would read: ``(b) The oral presentation, which shall be taped or 
transcribed, shall be an informal, non-adversarial proceeding at which 
there will be no formal pleadings or adverse parties.''
4. Proposed Changes to New Sec.  1052.5
    Also, as a conforming change, the NPR proposes to renumber Sec.  
1052.4 ``Presiding Officer; appointment, duties and powers'' as Sec.  
1052.5, with no other changes.

F. Part 1502--Procedures for Formal Evidentiary Public Hearing

1. Proposed Changes to Subpart B--Initiation of Proceedings--Sec.  
1502.5 (Initiation of a Hearing Involving the Issuance, Amendment, or 
Revocation of a Regulation)
    Consistent with the other proposed changes requiring disclosure of 
interests and corporate affiliations for testimony and participation in 
Commission proceedings, the NPR proposes to add a new paragraph (c) to 
Sec.  1502.5, stating: ``Any person requesting the opportunity for a 
public hearing under this part shall satisfy the disclosure 
requirements of Sec.  1025.17(b)(3) and (4), in addition to all 
requirements in this part.''
2. Proposed Changes to Subpart C--Notice of Participation--Sec.  
1502.16 (Notice of Participation)
    In conjunction with the changes proposed above, the NPR proposes to 
require disclosure of interests and corporate disclosure within the 
notice of participation to be filed under 16 CFR 1502.16(a).

IV. Environmental Considerations

    The Commission's regulations address whether the agency must 
prepare an environmental assessment or an environmental impact 
statement. Under these regulations, certain categories of CPSC actions 
that have ``little or no potential for affecting the human 
environment'' do not require an environmental assessment or an 
environmental impact statement. 16 CFR 1021.5(c). The proposed changes 
to the rules fall within the categorical exclusion and therefore, no 
environmental assessment or

[[Page 67133]]

environmental impact statement is required.

V. Regulatory Flexibility Analysis

    Under section 603 of the Regulatory Flexibility Act (RFA), when the 
Administrative Procedure Act (APA) requires an agency to publish a 
general notice of proposed rulemaking, the agency must prepare an 
initial regulatory flexibility analysis (IRFA), assessing the economic 
impact of the proposed rule on small entities. 5 U.S.C. 603(a). 
Although the Commission has chosen to propose this disclosure rule 
through notice and comment procedures, the APA does not require a 
proposed rule when an agency issues rules of agency procedure and 
practice. 5 U.S.C. 553(b). Therefore, the CPSC is not required to 
prepare an IRFA under the RFA. See 79 FR 10721 (discussing IRFA 
requirement). Moreover, the NPR does not propose to establish mandatory 
requirements for, and would not impose any significant obligations on, 
small entities (or any other entity or party).

VI. Paperwork Reduction Act

    The Paperwork Reduction Act (PRA) establishes certain requirements 
when an agency conducts or sponsors a ``collection of information.'' 44 
U.S.C. 3501-3520. The NPR would amend the Commission's rules for 
testimony and participation in proceedings before the Commission. The 
existing rules and the proposed revisions do not require or request 
information from the public, but rather, establish procedures for 
voluntary testimony and other participation in proceedings before the 
Commission. Further, the PRA does not apply to collections of 
information during the conduct of an administrative action or 
investigation involving an agency against specific individual or 
entities (44 U.S.C. 3518; see 5 CFR 1320.4(a)(2)), or to facts or 
opinions submitted in response to general solicitations of comments 
from the public (5 CFR 1320.3(h)(4)) or obtained or solicited at or in 
connection with public hearings or meetings (id. 1320.3(h)(4)). For 
these reasons, the proposed rule does not implicate the PRA.

VII. Executive Order 12988 (Preemption)

    According to Executive Order 12988 (Feb. 5, 1996), agencies must 
state in clear language the preemptive effect, if any, of new 
regulations. This NPR proposes procedural provisions that are uniquely 
applicable to the Commission, and not enforced by state or local 
governments. Preemption therefore is not relevant.

VIII. Proposed Effective Date

    Consistent with the APA's general requirement that the effective 
date of a rule be at least 30 days after publication of the final rule, 
the Commission proposes that the effective date of the rule will be 30 
days after the date of the publication in the Federal Register. See 5 
U.S.C. 553(d).

IX. Request for Comments

    The Commission requests comments on all aspects of the NPR. The 
Commission also invites public comment on whether the same goals of 
transparency, fairness, efficiency, and improved decision-making should 
be advanced through disclosure provisions beyond those included in the 
NPR, for instance additional rule revisions that more fully enable the 
Commission to identify alignments of financial interest between 
different persons or entities requesting participation in the same CPSC 
hearing or public meeting. Comments must be submitted in accordance 
with the instructions in the ADDRESSES section of the preamble. 
Comments must be received no later than November 28, 2023.

List of Subjects in 16 CFR Parts 1000, 1025, 1051, 1052, and 1502

    Administrative practice and procedure; Consumer protection; 
Requirement; Statement; Participation; Oral testimony; Petition.

    For the reasons set forth in the Preamble, the Commission proposes 
to amend 16 CFR parts 1000, 1025, 1051, 1052 and 1502 as follows:

PART 1000--COMMISSION ORGANIZATION AND FUNCTIONS

0
1. The authority citation for part 1000 continues to read as follows:

    Authority:  5 U.S.C. 552(a).

0
2. Revise Sec.  1000.5 to read as follows:


Sec.  1000.5  Petitions.

    Any interested person may petition the Commission to issue, amend, 
or revoke a rule or regulation by submitting a written request to the 
Office of the Secretary, Consumer Product Safety Commission. Petitions 
must comply with the Commission's procedure for petitioning for 
rulemaking at 16 CFR part 1051.
0
3. Amend Sec.  1000.8 by adding paragraph (e) to read as follows:


Sec.  1000.8  Meetings and hearings; public notice.

* * * * *
    (e) Any person requesting the opportunity to present oral testimony 
before the Commission shall satisfy the requirements in Sec.  1052.3.

PART 1025--RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS

0
4. The authority citation for part 1025 continues to read as follows:

    Authority:  Consumer Product Safety Act (secs. 15, 20, 27 (15 
U.S.C. 2064, 2069, 2076), the Flammable Fabrics Act (sec. 5, 15 
U.S.C. 1194), the Federal Trade Commission Act (15 U.S.C. 45)), 
unless otherwise noted.

0
5. Amend Sec.  1025.17 by:
0
a. Revising the subject heading.
0
b. Redesignating paragraph (a)(3) as paragraph (a)(5).
0
c. Adding new paragraphs (a)(3) and (4).
    The revisions and additions read as follows:


Sec.  1025.17  Participation.

* * * * *
    (a)(3) Unless a petition to intervene is made by the United States 
or a State, local or foreign government, or by an agency thereof, or an 
Indian Tribe, city, county, town or similar entity when submitted by 
its law officer, the petition shall include a statement that indicates 
whether:
    (i) a party or a party's counsel authored the petition to intervene 
in whole or in part, and, if so, identifies such party;
    (ii) a party or a party's counsel has made or has agreed to make a 
monetary contribution to the petitioner intended to fund the petition 
or proposed participation and, if so, identifies such party; and
    (iii) a person other than the petitioner, its members, or its 
counsel has made or has agreed to make a monetary contribution intended 
to fund the petition or proposed participation and, if so, identifies 
each such person;
    (iv) if no such authorship or contributions were or will be 
provided, the statement should affirmatively indicate that no 
assistance that is reportable under this Rule has been provided or 
promised.
    (a)(4) If the petitioner is a corporation the petition shall 
include a statement that identifies any parent corporation and any 
publicly held corporation that owns 10% or more of its stock or state 
that there is no such corporation.
* * * * *

PART 1051--PROCEDURE FOR PETITIONING FOR RULEMAKING

0
6. The authority citation for part 1051 continues to read as follows:

    Authority:  5 U.S.C. 553(e), 5 U.S.C. 555(e).


[[Page 67134]]


0
7. Amend Sec.  1051.1 by revising paragraph (b), and the last sentence 
in paragraph (c) to read as follows:


Sec.  1051.1  Scope.

* * * * *
    (b) Persons filing petitions for rulemaking shall satisfy the 
requirements in Sec.  1051.5(a) and are encouraged to follow as closely 
as possible the recommendations for filing petitions under Sec.  
1051.5(b).
    (c) * * * In addition, persons filing such petitions shall satisfy 
the requirements in Sec.  1051.5(a) and are encouraged to follow the 
recommendations for filing petitions in Sec.  1051.5(b).
0
8. Revise Sec.  1051.3 to read as follows:


Sec.  1051.3  Place of filing.

    A petition shall be filed in any of the following ways:
    (1) By electronic submission. A petition shall be emailed to: 
Office of the Secretary, Consumer Product Safety Commission at [email protected]; or
    (2) Mail/hand delivery/courier. A petition shall be mailed or hand 
delivered to the Office of the Secretary, Consumer Product Safety 
Commission, at 4330 East West Highway, Bethesda, MD 20814.
0
9. Revise Sec.  1051.4 to read as follows:


Sec.  1051.4  Time of filing.

    A petition shall be considered filed by electronic submission when 
it is received in the Office of the Secretary. If the electronic 
submission is received outside of business hours, or on a weekend or 
holiday, the date of receipt shall be the next business day. A petition 
shall be considered filed by mail or in person when time-date stamped 
as received in the Office of the Secretary.
0
10. Amend Sec.  1051.5 by:
0
a. Redesignating paragraphs (a)(3), (a)(4), and (a)(5) as paragraphs 
(a)(5), (a)(6), and (a)(7).
0
b. Adding new paragraphs (a)(3) and (4).
    The revisions and additions read as follows:


Sec.  1051.5  Requirements and recommendations for petitions.

* * * * *
    (a)(3) Unless the petition is made by the United States or a State, 
local or foreign government or by an agency thereof, or Indian Tribe, 
city, county, town or similar entity when submitted by its law officer, 
include a statement that indicates whether:
    (i) a person, other than the petitioner, its members, or its 
counsel authored the petition in whole or in part and, if so, 
identifies each such person; and
    (ii) a person other than the petitioner, its members, or its 
counsel has made or has agreed to make a monetary contribution intended 
to fund the petition and, if so, identifies each such person;
    (iii) if no such authorship or contributions were or will be 
provided, the statement should affirmatively indicate that no 
assistance that is reportable under this Rule has been provided or 
promised.
    (a)(4) If the petitioner is a corporation, include a statement that 
identifies any parent corporation and any publicly held corporation 
that owns 10% or more of its stock or state that there is no such 
corporation.
* * * * *

PART 1052--PROCEDURAL REGULATIONS FOR INFORMAL ORAL PRESENTATIONS 
IN PROCEEDINGS BEFORE THE CONSUMER PRODUCT SAFETY COMMISSION

0
11. The authority citation for part 1052 continues to read as follows:


    Authority:  15 U.S.C. 1193(d), 15 U.S.C. 2058(d)(2), 15 U.S.C. 
2076(a), and 5 U.S.C. 553(c).
0
12. Amend Sec.  1052.1 by revising the last two sentences of paragraph 
(a), and the first sentence in paragraph (b) to read as follows:


Sec.  1052.1  Scope and purpose.

    (a) * * * Section 15(c) and (d) of the Consumer Product Safety Act, 
15 U.S.C. 2064(c) and (d), and section 15 of the Federal Hazardous 
Substances Act, 15 U.S.C. 1274, provide that the Commission will afford 
interested persons, including consumers and consumer organizations, an 
opportunity for a hearing. In addition, section 27(a) of the Consumer 
Product Safety Act, 15 U.S.C. 2076(a), authorizes informal proceedings 
that can be conducted in non-rulemaking investigatory situations; 
section 4(j) of the Consumer Product Safety Act, 15 U.S.C. 2053(j), 
provides that the Commission shall conduct a public hearing on the 
annual agenda and priorities for Commission action; and as set forth in 
Sec.  1000.8 of the Commission's rules, the Commission may conduct any 
hearings necessary to its functions and afford reasonable opportunity 
for interested persons to present relevant testimony.
    (b) This part sets forth rules of procedure for the oral 
presentation of data, views or arguments in the informal rulemaking or 
investigatory situations or hearings described in paragraph (a) of this 
section or under any other laws administered by the Commission. * * *


Sec. Sec.  1052.3 and 1052.4  [Redesignated as Sec. Sec.  1052.4 and 
1052.5]

0
13. Redesignate Sec.  1052.3 and Sec.  1052.4 as Sec.  1052.4 and Sec.  
1052.5, and add a new Sec.  1052.3 to read as follows:


Sec.  1052.3  Requesting opportunity for oral presentations.

    (a) Unless otherwise stated in the Federal Register notice 
referenced in Sec.  1052.2, any person who seeks to make an oral 
presentation shall make an electronic submission of the request to the 
Office of the Secretary, Consumer Product Safety Commission at [email protected], not later than five business days before the scheduled 
opportunity.
    (b) Unless otherwise stated in the Federal Register notice 
referenced in Sec.  1052.2, the request to make an oral presentation 
shall:
    (1) Be written in the English language;
    (2) Contain the name and address of the requester, and its counsel, 
if any;
    (3) Contain the name and address of any person on whose behalf the 
requested oral presentation is to be made;
    (4) Unless the request to make an oral presentation is made by the 
United States or a State, local or foreign government, or by an agency 
thereof, or an Indian Tribe, city, county, town or similar entity when 
submitted by its law officer, the request shall include a statement 
that indicates whether:
    (i) a person other than the requester, its members, or its counsel 
authored the request in whole or in part and, if so, identifies such 
person;
    (ii) a person other than the requester, its members, or its counsel 
has made or has agreed to make a monetary contribution intended to fund 
the oral presentation and, if so, identifies each such person;
    (iii) the requester has an existing business relationship by which 
the requester expects to receive direct or indirect financial benefit 
in connection with the oral presentation or the Commission activity 
that is the subject of the oral presentation and, if so, describes the 
nature of that business relationship;
    (iv) if no such authorship or contributions were or will be 
provided, and no such business relationship exists, the statement 
should affirmatively indicate that no assistance that is reportable 
under this Rule has been provided or promised and no business 
relationship that is reportable under this Rule exists.
    (5) If the requester is a corporation, contain a statement that 
identifies any parent corporation and any publicly held corporation 
that owns 10% or more of its stock, or state that there is no such 
corporation.

[[Page 67135]]

    (6) Contain the written text of the proposed oral presentation.
0
14. In newly redesignated Sec.  1052.4, revise paragraph (b) to read as 
follows:


Sec.  1052.4  Conduct of oral presentation.

* * * * *
    (b) The oral presentation, which shall be taped or transcribed, 
shall be an informal, non-adversarial proceeding at which there will be 
no formal pleadings or adverse parties.
* * * * *

PART 1502--PROCEDURES FOR FORMAL EVIDENTIARY PUBLIC HEARING

0
15. The authority citation for part 1502 continues to read as follows:

    Authority:  15 U.S.C. 1261(q)(1)(B), 1262(a), 1262(e), 1269(a); 
15 U.S.C. 1474(a); 21 U.S.C. 371(e)-(g).

0
16. Amend Sec.  1502.5 by adding a new paragraph (c) to read as 
follows:


Sec.  1502.5  Initiation of a hearing involving the issuance, 
amendment, or revocation of a regulation.

* * * * *
    (c) Any person requesting the opportunity for a public hearing 
under this part shall satisfy the disclosure requirements of Sec.  
1025.17(b)(3) and (4), in addition to all requirements in this part.
0
17. Amend Sec.  1502.16 by revising paragraph (a) to read as follows:


Sec.  1502.16  Notice of participation.

    (a) Within 30 days after publication of the notice of hearing under 
Sec.  1502.13, a person desiring to participate in a hearing is to file 
with the Office of the Secretary a notice of participation containing 
the following information:
    (i) Date of submission;
    (ii) Title of submission: Notice of Participation;
    (iii) To whom the notice is being directed: Office of the 
Secretary, Consumer Product Safety Commission, 4330 East West Highway, 
Bethesda, MD. Mailing address: Office of the Secretary, Consumer 
Product Safety Commission, Washington, DC 20207; [email protected].
    (iv) Title of Regulation and CPSC Docket Number;
    (v) Name and contact information of person or entity seeking to 
participate, including Street Address, City, State, and Zip Code, 
Telephone number, and email address;
    (vi) Service on the above will be accepted by: Name, Street 
Address, City, State, and Zip Code, Telephone number, and email 
address;
    (vii) The following statements are made as part of this notice of 
participation:
    (A) Specific interests. Provide a statement of the specific 
interest of the person in the proceeding, including the specific issues 
of fact concerning which the person desires to be heard. This part need 
not be completed by a party to the proceeding;
    (B) Commitment to participate. Provide a statement that the person 
will present documentary evidence or testimony at the hearing and will 
comply with the requirements of Sec.  1502.25 of these procedures;
    (C) Disclosure of interest. Unless the notice of participation is 
made by the United States or a State, local or foreign government, or 
by an agency thereof, or Indian Tribe, city, county, town or similar 
entity when submitted by its law officer, provide a statement that 
indicates whether:
    (1) A party or a party's counsel authored the notice of 
participation in whole or in part, and, if so, identifies such party;
    (2) A party or a party's counsel has made or has agreed to make a 
monetary contribution intended to fund the proposed participation and, 
if so, identifies such party; and
    (3) A person other than the one filing the notice of participation, 
its members, or its counsel has made or has agreed to make a monetary 
contribution intended to fund the proposed participation and, if so, 
identifies each such person;
    (4) If no such authorship or contributions were or will be 
provided, the statement should affirmatively indicate that no 
assistance that is reportable under this Rule has been provided or 
promised;
    (D) Corporate disclosure. If the proposed participant is a 
corporation the notice shall include a statement that identifies any 
parent corporation and any publicly held corporation that owns 10% or 
more of its stock or state that there is no such corporation; and
    (viii) Signature.
* * * * *

Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2023-20184 Filed 9-28-23; 8:45 am]
BILLING CODE 6355-01-P