57818 Federal Register / Vol. 78, No. 183 / Friday, September 20, 2013 / Proposed Rules 

(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. 

* * * * * 

(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. 

* * * * * 

■ 8. Amend § 300.25 by revising 

paragraphs (d) and (f) to read as follows: 

§ 300.25 Country where wool products are 

processed or manufactured. 

* * * * * 

(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. 

* * * * * 

(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. 

* * * * * 

■ 9. Revise § 300.32 to read as follows: 

§ 300.32 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) * * * 

* * * * * 

(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. 

* * * * * 

(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. 

* * * * * 

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 

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: http://

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 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 183 / Friday, September 20, 2013 / Proposed Rules 57819 

personal information provided, to: 

http://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: http://

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, 


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57820 Federal Register / Vol. 78, No. 183 / Friday, September 20, 2013 / Proposed Rules 

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: http://

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 

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 § 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 

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; 

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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57822 Federal Register / Vol. 78, No. 183 / Friday, September 20, 2013 / Proposed Rules 

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 

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 

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 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM); request for comment. 

SUMMARY: 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: http://

www.regulations.gov. Follow the 


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