Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Proposed Rules 67127 

document. FAA Order JO 7400.11H lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

The Proposal 

The FAA proposes an amendment to 

14 CFR part 71 to amend Class D 

airspace for Smith Reynolds Airport, 

Winston Salem, NC, by adding an 

extension from the 4.2-mile radius of 

the airport to 5.8 miles northwest of the 

airport. The Class E airspace extending 

from 700 feet above the surface radius 

would increase to 9-miles (previously 

6.6-miles), and all extensions removed. 

Moreover, the action would remove 

REENO NDB from the airspace 

description as it has been 

decommissioned. This action would 

also establish Class E airspace 

designated as an extension to a Class D 

surface area from the 4.2-mile radius to 

6.5 miles southeast of the airport. In 

addition, this action would also remove 

the city name from the airport 

description header as per the 7400.2, as 

well as replacing the terms Notice to 

Airmen with Notice to Air Missions and 

Airport/Facility Directory with Chart 

Supplement in the Class D airspace 

description. Controlled airspace is 

necessary for the safety and 

management of instrument flight rules 

(IFR) operations in the area. 

Regulatory Notices and Analyses 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore, (1) is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this proposed rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

Procedures,’’ prior to any FAA final 

regulatory action. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11H, 

Airspace Designations and Reporting 

Points, dated August 19, 2023, and 

effective September 15, 2023, is 

amended as follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

ASO NC D Winston Salem, NC [Amended] 

Smith Reynolds Airport, NC 

(Lat 36°08′01′′ N, long 80°13′19′′ W) 

That airspace extending upward from the 

surface to and including 3,500 feet MSL 

within a 4.2-mile radius of the Smith 

Reynolds Airport and 1 mile on each side of 

the 325° bearing of the airport, extending 

from the 4.2-mile radius to 5.8 miles 

northwest of the airport. This Class D 

airspace area is effective during the specific 

dates and times established in advance by a 

Notice to Air Missions. The effective date 

and time will thereafter be continuously 

published in the Chart Supplement. 

* * * * * 

Paragraph 6004 Class E Airspace 

Designated as an Extension to Class D or E 

Surface Area. 

* * * * * 

ASO NC E4 Winston Salem, NC 

[Established] 

Smith Reynolds Airport, NC 

(Lat 36°08′01′′ N, long 80°13′19′′ W) 

That airspace extends upward from the 

surface within 1 mile on each side of the 145° 

bearing from Smith Reynolds Airport, 

extending from the 4.2-mile radius of the 

airport to 6.5 miles southeast. This Class E 

airspace area is effective during the specific 

dates and times established in advance by a 

Notice to Air Missions. The effective date 

and time will thereafter be continuously 

published in the Chart Supplement. 

* * * * * 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ASO NC E5 Winston Salem, NC [Amended] 

Smith Reynolds Airport, NC 

(Lat 36°08′01′′ N, long 80°13′19′′ W) 

That airspace extending upward from 700 

feet above the surface within a 9-mile radius 

of Smith Reynolds Airport. 

Issued in College Park, Georgia, on 

September 21, 2023. 

Andreese C. Davis, 

Manager, Airspace & Procedures Team South, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2023–21180 Filed 9–28–23; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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 


lotter on DSK11XQN23PROD with PROPOSALS1
67128 Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Proposed Rules 

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: cpscos@cpsc.gov. 

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: 

hgarciaconcepcion@cpsc.gov. 

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 nonparty. 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 


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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 nonparties 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-crimp075351473.html?guce_

referrer=aHR0cHM6Ly93d3cuZ29

vZ2xlLmNvbS8&guce_referrer_

sig=AQAAADJ2YF4CP_uQ2RVhjKDq

6IXyiSRacfhjKhuXKIh9VbTxca5H7uVdDtnYSHb-TcniJrVwTS9pjWaoOjsHmckiI0QQi

OpbBnFmxvQjHlFKr0

OiPoouGbezukzy88VPBIP6I2

Ghg8OUcDL-2TW0ZZ2Uy

S4LklU3RQhFqaXmAs4Xuw, Supreme 

Court Rule Crimps Crowd-Funded 

Amicus Briefs | 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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1See, 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). 

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

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 Rules1989. 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 § 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 § 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 

§ 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 § 1025.17 ‘‘Intervention’’ with 

‘‘Participation.’’ This is a nonsubstantive change to better align the 

heading of the section with its content. 

The NPR also proposes to add a new 

paragraph (3) to § 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 § 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 § 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 § 1051.5’’ with ‘‘Persons 

filing petitions for rulemaking shall 

satisfy the requirements in § 1051.5(a) 

and are encouraged to follow as closely 

as possible the recommendations for 

filing petitions under § 1051.5(b).’’ 

To conform with these changes, the 

NPR also proposes a change to 

§ 1051.1(c). The NPR proposes to 

replace the last sentence of § 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 § 1051.5,’’ with ‘‘In addition, 

persons filing such petitions shall 

satisfy the requirements in § 1051.5(a) 

and are encouraged to follow the 

recommendations for filing petitions in 

§ 1051.5(b).’’ 

2. Proposed Changes to § 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 § 1051.4 (Time 

of Filing) 

To conform to the change proposed in 

§ 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 § 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 

§ 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, 


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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 § 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 § 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 § 1052.2(b) with the same 

purpose of achieving clarity and 

uniformity throughout its regulations 

and statutes. 

2. Proposed Changes to § 1052.3 

(Conduct of Oral Presentation) 

The NPR proposes to add a new 

§ 1052.3 for informal oral presentations 

in proceedings before the Commission, 

to be titled ‘‘Requesting Opportunity for 

Oral Presentations.’’ The proposed 

section reads: 

§ 1052.3 Requesting opportunity for oral 

presentations. 

(a) Unless otherwise stated in the 

Federal Register notice referenced in 

§ 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 cpsc-os@

cpsc.gov, not later than five business 

days before the scheduled opportunity. 

(b) Unless otherwise stated in the 

Federal Register notice referenced in 

§ 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 § 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 § 1052.3 ‘‘Conduct of 

oral presentation’’ as § 1052.4. For 

clarity, the NPR also proposes to make 

a technical change and to eliminate 

‘‘legislative type’’ from paragraph (b). 

The proposed § 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 § 1052.5 

Also, as a conforming change, the 

NPR proposes to renumber § 1052.4 

‘‘Presiding Officer; appointment, duties 

and powers’’ as § 1052.5, with no other 

changes. 

F. Part 1502—Procedures for Formal 

Evidentiary Public Hearing 

1. Proposed Changes to Subpart B— 

Initiation of Proceedings—§ 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 § 1502.5, stating: 

‘‘Any person requesting the opportunity 

for a public hearing under this part shall 

satisfy the disclosure requirements of 

§ 1025.17(b)(3) and (4), in addition to all 

requirements in this part.’’ 

2. Proposed Changes to Subpart C— 

Notice of Participation—§ 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 


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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 

■ 1. The authority citation for part 1000 

continues to read as follows: 

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

■ 2. Revise § 1000.5 to read as follows: 

§ 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. 

■ 3. Amend § 1000.8 by adding 

paragraph (e) to read as follows: 

§ 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 § 1052.3. 

PART 1025—RULES OF PRACTICE 

FOR ADJUDICATIVE PROCEEDINGS 

■ 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. 

■ 5. Amend § 1025.17 by: 

■ a. Revising the subject heading. 

■ b. Redesignating paragraph (a)(3) as 

paragraph (a)(5). 

■ c. Adding new paragraphs (a)(3) and 

(4). 

The revisions and additions read as 

follows: 

§ 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 

■ 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). 


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■ 7. Amend § 1051.1 by revising 

paragraph (b), and the last sentence in 

paragraph (c) to read as follows: 

§ 1051.1 Scope. 

* * * * * 

(b) Persons filing petitions for 

rulemaking shall satisfy the 

requirements in § 1051.5(a) and are 

encouraged to follow as closely as 

possible the recommendations for filing 

petitions under § 1051.5(b). 

(c) * * * In addition, persons filing 

such petitions shall satisfy the 

requirements in § 1051.5(a) and are 

encouraged to follow the 

recommendations for filing petitions in 

§ 1051.5(b). 

■ 8. Revise § 1051.3 to read as follows: 

§ 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 cpsc-os@cpsc.gov; 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. 

■ 9. Revise § 1051.4 to read as follows: 

§ 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. 

■ 10. Amend § 1051.5 by: 

■ a. Redesignating paragraphs (a)(3), 

(a)(4), and (a)(5) as paragraphs (a)(5), 

(a)(6), and (a)(7). 

■ b. Adding new paragraphs (a)(3) and 

(4). 

The revisions and additions read as 

follows: 

§ 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 

■ 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). 

■ 12. Amend § 1052.1 by revising the 

last two sentences of paragraph (a), and 

the first sentence in paragraph (b) to 

read as follows: 

§ 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 § 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. * * * 

§§ 1052.3 and 1052.4 [Redesignated as 

§§ 1052.4 and 1052.5] 

■ 13. Redesignate § 1052.3 and § 1052.4 

as § 1052.4 and § 1052.5, and add a new 

§ 1052.3 to read as follows: 

§ 1052.3 Requesting opportunity for oral 

presentations. 

(a) Unless otherwise stated in the 

Federal Register notice referenced in 

§ 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 cpsc-os@

cpsc.gov, not later than five business 

days before the scheduled opportunity. 

(b) Unless otherwise stated in the 

Federal Register notice referenced in 

§ 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. 


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(6) Contain the written text of the 

proposed oral presentation. 

■ 14. In newly redesignated § 1052.4, 

revise paragraph (b) to read as follows: 

§ 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 

■ 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). 

■ 16. Amend § 1502.5 by adding a new 

paragraph (c) to read as follows: 

§ 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 § 1025.17(b)(3) and (4), 

in addition to all requirements in this 

part. 

■ 17. Amend § 1502.16 by revising 

paragraph (a) to read as follows: 

§ 1502.16 Notice of participation. 

(a) Within 30 days after publication of 

the notice of hearing under § 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; CPSC-OS@

cpsc.gov. 

(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 

§ 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 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Parts 404 and 416 

[Docket No. SSA–2023–0024] 

RIN 0960–AI83 

Intermediate Improvement to the 

Disability Adjudication Process: 

Including How We Consider Past Work 

AGENCY: Social Security Administration. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to revise the time 

period that we consider when 

determining whether an individual’s 

past work is relevant for purposes of 

making disability determinations and 

decisions. Specifically, we would revise 

the definition of past relevant work 

(PRW) by reducing the relevant work 

period from 15 to 5 years. This change 

would allow individuals to focus on the 

most current and relevant information 

about their past work, better reflect the 

current evidence base on changes over 

time in worker skill decay and job 

responsibilities, reduce processing time 

and improve customer service, and 

reduce burden on individuals. 

DATES: To ensure that your comments 

are considered, we must receive them 

by no later than November 28, 2023. 

ADDRESSES: You may submit comments 

by any one of three methods—internet, 

fax, or mail. Do not submit the same 

comments multiple times or by more 

than one method. Regardless of which 

method you choose, please state that 

your comments refer to Docket No. 

SSA–2023–0024 so that we may 

associate your comment(s) with the 

correct regulation. 

Caution: You should be careful to 

include in your comments(s) only 

information that you wish to make 

publicly available. We strongly urge you 

not to include in your comment(s) any 

personal information, such as Social 

Security numbers or medical 

information. 

1. Internet: We strongly recommend 

that you submit your comments(s) via 

the internet. Please visit the Federal 

eRulemaking portal at https://

www.regulations.gov. Use the Search 

function to find docket number SSA– 

2023–0024. The system will issue a 

tracking number to confirm your 

submission. You will not be able to 

view your comment immediately 

because we must post each comment 

manually. It may take up to one week 

for your comment to be viewable. 

2. Fax: Fax comments to 1–833–410– 

1631. 


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