[Federal Register Volume 69, Number 200 (Monday, October 18, 2004)]
[Notices]
[Pages 61353-61355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23197]


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CONSUMER PRODUCT SAFETY COMMISSION


Pilot Programs Inviting Public Comment on Voluntary Standards 
Activities and Staff and Contractor Research Reports

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of pilot programs and request for comments.

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SUMMARY: The Consumer Product Safety Commission (CPSC or Commission) is 
launching two pilot programs that will open CPSC staff activities for 
public review and comment. The first pilot program will provide 
information on CPSC staff participation with respect to a cross-section 
of voluntary standards, including advance notice of proposed staff 
positions on issues to be considered by voluntary standards 
organizations. The second pilot program will provide public access to a 
set of research reports and an opportunity to submit comments to be 
considered by the staff before finalization.
    The primary goals of both programs are to make the CPSC staff's 
activities more transparent and to obtain the benefit of public review 
and input before finalizing CPSC staff positions. The Commission 
believes that timely public input will strengthen the CPSC's efforts in 
these important areas. Comments received through these programs will be 
reviewed by staff to ensure each research report and staff 
recommendation on voluntary standards activities is based on the best 
scientific, economic, and technological information available. The 
Commission is hopeful that the two pilot programs will enhance the 
quality of the conclusions and recommendations drawn by CPSC staff 
without limiting its ability to make timely contributions to the ever-
evolving voluntary standards development process or to complete its 
research work in a timely fashion.
    The Commission will evaluate the two pilot programs after a period 
of six months. Should the pilot programs be deemed successful, the 
Commission will consider expanding them to include a broader cross-
section of CPSC staff voluntary standards activities and research 
reports developed by CPSC staff and/or contractors. The two pilot 
programs are further described below.

DATES: The pilot programs described in this notice commence on 
publication of this notice and run through April 18, 2005.

Comments

    Comments on a proposed staff recommendation concerning a voluntary 
standards activity selected for the pilot may be submitted through the 
CPSC Web site at http://www.cpsc.gov/volstd/standards.html and must be 
received not later than five (5) working days after the recommendation 
is posted on the Web site.
    Comments on any research report that is the subject of the Research 
Reports Technical Review Pilot Program may be submitted via e-mail to 
the Commission's Office of the Secretary at <a href="/cdn-cgi/l/email-protection#c2a1b2b1a1efadb182a1b2b1a1eca5adb4"><span class="__cf_email__" data-cfemail="e685969585cb8995a685969585c8818990">[email protected]</span></a>. 
Commenters who prefer may submit comments to the Office of the 
Secretary at the address shown below. Comments on a research report 
must be received not later than forty-five (45) days after the report 
is posted on CPSC's Web site.
    General comments on whether to continue these programs beyond the 
pilot period and any suggestions for improving the programs may be 
submitted to the address below and must be received not later than May 
18, 2005.

ADDRESSES: General comments on the pilot programs should be mailed to 
the Office of the Secretary, Consumer Product Safety Commission, 
Washington, DC 20207-0001; telephone (301) 504-7923, or delivered to 
the Office of the Secretary, Room 502, 4330 East-West Highway, 
Bethesda, Maryland 20814-4423. Comments should be captioned ``Comments 
on Pilot Programs for Public Review and Comment on Voluntary Standards 
Activities and Draft Research Reports.'' Comments may also be filed by 
telefacsimile to (301) 504-0127, or by e-mail to <a href="/cdn-cgi/l/email-protection#6f0c1f1c0c42001c2f0c1f1c0c41080019"><span class="__cf_email__" data-cfemail="03607370602e6c7043607370602d646c75">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: For further information on the 
specific voluntary standards activities and draft technical reports 
that are the subject of the pilot programs contact:
    Hugh McLaurin, Director, Directorate for Engineering Sciences, U.S. 
Consumer Product Safety Commission, Washington, DC 20207, (301) 504-
7531, e-mail: <a href="/cdn-cgi/l/email-protection#5f37323c333e2a2d36311f3c2f2c3c71383029"><span class="__cf_email__" data-cfemail="056d6866696470776c6b45667576662b626a73">[email protected]</span></a>.
    For general information on the pilot programs, contact: Lowell 
Martin, Assistant General Counsel for Regulatory Affairs, U.S. Consumer 
Product Safety Commission, Washington, DC 20207, (301) 504-7628, e-
mail: <a href="/cdn-cgi/l/email-protection#fd91909c8f899493bd9e8d8e9ed39a928b"><span class="__cf_email__" data-cfemail="6f03020e1d1b06012f0c1f1c0c41080019">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

A. CPSC Staff Voluntary Standards Activities Information and 
Opportunity for Comment

1. Background

    The Commission is actively engaged in the voluntary standards 
development process for a wide range of consumer products. The staff 
works with several different standards development organizations. All 
provide an open, deliberative process featuring a balance of interests 
and due process protections.
    CPSC staff members participate, as non-voting members, in a number 
of steps in the voluntary standards development process. CPSC staff 
often provide expert advice, technical assistance, injury and death 
data and analysis, as well as supporting research. In addition, CPSC 
staff will commonly submit recommendations concerning new consumer 
product safety standards or modification of existing standards. These 
recommendations are often based on previous research conducted by the 
agency or a review of injury and death data associated with the product 
category at issue. From 1990 through 2002, CPSC staff has participated 
with other interested stakeholders in developing or revising 217 
voluntary standards.

2. Pilot Program

    CPSC is initiating a pilot program to begin posting notice of CPSC 
staff activities and recommendations concerning voluntary standards 
development on its web site. At present, Commission staff is involved 
in over 60 consumer product voluntary standards development activities. 
For purposes of the pilot, CPSC has selected eight different voluntary 
standards activities to evaluate this system of sharing CPSC staff 
information with the public for review and comment.
    The voluntary standards activities selected for the pilot are: (1) 
Smoke alarms; (2) arc fault circuit interrupters; (3) ground fault 
circuit interrupters; (4) pool and spa safety vacuum release systems; 
(5) bunk beds; (6) gasoline containers for child resistance; (7) 
portable generators (within the engine driven tools project); and (8) 
garage door and gate operators. For these voluntary

[[Page 61354]]

standards activities, we will make available on the CPSC Web site a 
wide range of technical information, including as appropriate: relevant 
CPSC safety alerts, press releases involving the product category, 
pertinent fact sheets, relevant incident and death data, letters with 
staff recommendations, correspondence, meeting notices, research 
reports, memoranda, and contractor reports. We will also provide 
appropriate contact information, both for CPSC staff and the voluntary 
standards organizations.
    The information on these eight activities can be accessed by 
visiting the CPSC Web site at http://www.cpsc.gov/volstd/standards.html. In addition, the site will allow any member of the 
public to arrange to receive automatic electronic mail updates on any 
new CPSC staff activity and/or recommendations regarding voluntary 
standards activities.
    This new area of the CPSC Web site will also provide the public 
with the opportunity to review and comment on newly developed staff 
materials/recommendations before they are submitted for consideration 
by the voluntary standards organization. During the pilot, the 
Commission staff will post proposed staff recommendations for the 
selected voluntary standards activities in the voluntary standards area 
of the CPSC Web site for a period of five (5) working days. Interested 
parties will be able to forward comments to CPSC staff though this web 
area. Following the five day public comment period, staff will provide 
due consideration to inputs received, inform the Assistant Executive 
Director for Hazard Identification and Reduction of any significant 
issues raised, and finalize the staff recommendation for the Director's 
review. Although public comments may affect the staff's proposed 
recommendations, the staff will not respond directly to comments.
    The Commission would prefer to allow a longer period than five days 
for public input, but we lack control over the deadlines set by 
voluntary standards organizations. We are concerned that a more 
generous review period may leave the staff too little time for 
formulating a position and taking account of public comments. The 
Commission invites comments on this and other aspects of the pilot 
programs.
    The pilot project will alert the public to eight current voluntary 
standards activities within the CPSC and enable them to access detailed 
information and analysis regarding the proposed approach and staff 
recommendations for new or revised standards. We believe it is in the 
public interest to ensure all interested parties have the opportunity 
to review this information and make comments to staff for consideration 
prior to finalizing a recommendation to a voluntary standards 
organization. We have developed this pilot project to evaluate that 
hypothesis and to develop a better understanding of the practical 
implications of this new, more open process.
    It is important to note that this pilot addresses only information 
pertaining directly to CPSC staff involvement in voluntary standards 
activities and is not intended to create a complete repository for all 
voluntary standards activities information. Each voluntary standards 
organization is responsible for maintaining such comprehensive 
information. Accordingly, for each activity in the pilot program, 
contact information for the appropriate voluntary standards 
organization and/or staff member will be included.

B. Research Reports Technical Review Pilot Program

1. Background

    The CPSC conducts many research and study projects in furtherance 
of its activities to improve product safety and eliminate potential 
hazards associated with consumer products. The findings from such 
projects may be used by staff to develop and refine positions on 
voluntary and mandatory product safety standards. The staff also 
conducts research on new and emerging technologies to evaluate their 
potential for enhancing consumer product safety and reducing hazards. 
Each research project typically concludes with development of a final 
report outlining the hazard scenario or product safety issue that was 
researched, the scope of the project, methodology utilized, findings, 
and recommendations when appropriate. On occasion, the staff also 
engages outside contractors to perform research. In such cases, the 
final contractor report is usually transmitted to the Commission and 
the public with a cover memorandum from the staff addressing any issues 
presented by the report and/or making recommendations as appropriate.

2. Pilot Program

    The Research Reports Technical Review pilot program will give 
interested persons the opportunity to review and provide timely 
technical comments on CPSC staff and CPSC-sponsored research reports 
prior to their finalization. The reports will be located on the CPSC 
Web site at http://www.cpsc.gov/volstd/research/research.html. Each 
selected research report can be viewed by clicking on the link for that 
report. Interested parties can forward technical comments to CPSC staff 
via e-mail to <a href="/cdn-cgi/l/email-protection#a9cad9daca84c6dae9cad9daca87cec6df"><span class="__cf_email__" data-cfemail="87e4f7f4e4aae8f4c7e4f7f4e4a9e0e8f1">[email protected]</span></a> or, if access to e-mail is unavailable, 
by correspondence to the Office of the Secretary at the address shown 
above.
    We have selected the following draft staff reports to initiate this 
pilot: (1) Detection of Abnormal Operating Conditions in Electric 
Clothes Dryers; (2) A Review of the Sound Effectiveness of Residential 
Smoke Alarms; (3) An Evaluation of Finger Injuries Associated with Home 
Document (Paper) Shredder Machines; and (4) Fire Indicators Project 
Report. In addition, we are including one final contractor report, 
namely, Final Report on Development and Manufacturing Assessment of the 
Concentric-Ring Smooth-Top Range Sensor. These research reports will be 
located on the Research Reports Technical Review Web page and will be 
available for comment for forty-five (45) days from the date of this 
notice, that is until December 2, 2004. Other research reports may be 
posted to the Web site during the pilot, and in such cases the 
Commission will allow 45 days for public comment.
    CPSC staff will assess technical comments submitted through the 
Research Reports Technical Review Web site and will take account of 
such comments when finalizing staff reports or in the final staff 
assessment to accompany a contractor report. Staff will provide due 
consideration to inputs received, inform the Assistant Executive 
Director for Hazard Identification and Reduction of any significant 
issues that arise, and finalize the report in question for review by 
the Executive Director and transmittal to the Commission. Although the 
staff will take account of all comments received, the staff will not 
respond directly to the commenter.

C. Conclusion

    The Commission has launched these pilot programs in an effort to 
increase the transparency and openness of CPSC staff voluntary 
standards activities and CPSC staff and CPSC-sponsored research. The 
Commission is hopeful that the pilots will enhance the overall quality 
of the conclusions and recommendations drawn by CPSC staff with regard 
to voluntary standards development and our product safety research. It 
is important to note that while comments on specific positions and 
reports will be reviewed and assessed by CPSC staff member(s) as 
appropriate, CPSC staff will not prepare formal responses. Rather, the 
staff will

[[Page 61355]]

consider whether to modify its input to the voluntary standards 
organization or to revise a research report.
    The pilots will commence upon publication of this notice in the 
Federal Register and will be completed by April 18, 2005.
    The Commission also seeks comment on these pilot programs generally 
in order to inform its judgment about extending or modifying the 
programs. Such comments should be in writing and submitted to the 
Office of the Secretary at the address above no later than one (1) 
month after completion of the pilots, that is, not later than May 18, 
2005.

    Dated: October 12, 2004.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 04-23197 Filed 10-15-04; 8:45 am]
BILLING CODE 6355-01-P


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