CPSC Postpones Changes to Certificates of Compliance to Gather More Industry Input
The Consumer Product Safety Commission will hold off on adopting controversial changes to its Part 1110 regulations on certificates of compliance while it gathers more industry input, voting unanimously to amend its fiscal year 2014 operating plan at a meeting held May 6. CPSC now plans to reopen the comment period on its proposed rule on Part 1110 and hold a public workshop, said Chairman Robert Adler. The commission also made other changes to its operating plan at the meeting, after finding itself left with more revenue than anticipated due to slow hiring processes and additional funding from Congress. Some of the additional funding will be spent on new import screening equipment.
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The commission’s decision to postpone the final rule on certificates of compliance was made “based on issues raised by commenters during the comment period, as well as requests from stakeholders,” according to the staff briefing memo circulated before the vote (here). CPSC will now publish a notice in the Federal Register reopening the period for comments on its May 2013 proposed rule (see 13051018), and will hold a public workshop “to gain a better understanding of how to enhance the 1110 Rule more effectively.” The change to CPSC’s operating plan moves the Part 1110 final rule from imminent publication to “data analysis/technical review” status.
Comments submitted thus far by industry have condemned CPSC’s proposal to require certificates of compliance with each entry of imported consumer products (see 13073014). Trade associations have also decried the proposal’s definition of importer, which would make customs brokers responsible for consumer product testing and certification in some circumstances (see 13073129).
“The staff’s recommendation in the mid-year plan is to take a step back, and engage further with stakeholders before moving ahead to a final rule,” said Commissioner Ann Buerkle shortly before CPSC voted to adopt the amended operating plan. “We are now contemplating a workshop that will give stakeholders a better idea of what CPSC staff is thinking in this evolving area, and as well we will allow the stakeholders to share their own thoughts with this agency. I heartily support this approach,” she said. “Opening the channels of communication with interested parties I think will create for us a better understanding of the issues and potentially better solutions.”
Some of Surplus Funds to Go Toward Import Surveillance Tools
The main impetus for the changes to CPSC’s operating plan was an additional $1 million in funding approved by Congress in a January 2014 appropriations bill. CPSC also finds itself with an extra $2.9 million in funding because it hasn’t yet filled staff positions anticipated in its original operating plan, and potentially another $2.8 million if it doesn’t fill the budgeted staff positions by the end of the year.
Some of the surplus will now go to support CPSC’s import surveillance activities. Under the new spending plan, CPSC will budget $200,000 of its surplus toward purchasing 12 new X-ray Fluorescence Analyzers, some of which will be issued to new compliance investigators that CPSC is in the process of recruiting and hiring. And if any of the $2.8 million in potential surplus is left, which CPSC says is probable, the first priority will be purchasing 10 new phthalate detection devices at a cost of $425,000 for use by CPSC at ports of entry.
Other Mandatory Standards Postponed; Move to Add Third-Party Testing Reduction Fails
The revised operating plan also postpones issuance of several other regulatory changes originally scheduled for FY 2014. CPSC will now postpone until next year proposed new mandatory standards for high chairs and infant slings.
Commissioner Buerkle also wanted to amend the operating plan to provide for work on reducing third-party testing burdens for industry, but her proposal failed one vote to two, with Chairman Adler and Commissioner Marietta Robinson voting against. Buerkle said the request for comments and recent workshop on reducing testing burdens doesn’t go far enough, and proposed to direct senior CPSC staff to work toward a plan to reduce burdens. But Adler noted that CPSC has already fulfilled Congress’ mandate, and while it plans to go further, the commission can’t afford to take time away from its senior staff with so many other congressionally-mandated standards in the queue.