Archive for July, 2013

More Than Just Listening

CPSC recently held a public hearing to get input from stakeholders about its agenda and priorities for FY 2014 and FY 2015. We heard from two panels of consumer advocates and manufacturers’ associations. Many thought-provoking subjects were discussed. I found the topic of child safety in low-income households, raised by the Consumer Federation of America, to be an important challenge to address, not just at CPSC, but across the federal government. (As I have written before in this blog, some of our current policies risk pricing low-income consumers out of safety.)

Two other topics were particularly noteworthy. The Handmade Toy Alliance (HTA) said that signing up for the “small batch manufacturer” registry—exempting them from certain third-party testing requirements—did not substantially ease their burden. Even though they were technically exempt from third-party testing, HTA’s members still must meet various statutory limits and, crucially, are often unable to do adequate testing without engaging third-party testing labs. Further, HTA pointed out the requirement added by the Commission to post on its website the name of every company that received this exemption was a deterrent to companies to participate and thereby have their business data posted. It is no surprise, then, that although we expected upwards of 30,000 companies to sign up, only about 500 are have so far.

Another issue raised by HTA, as well as the Toy Industry Association (TIA) and the American Apparel & Footwear Association (AAFA), was the need for CPSC to dedicate resources, pursuant to Congress’s direction in Public Law 112-28, to implement measures that reduce testing burdens while still ensuring compliance with safety standards. To date, the Commission has no specific commitment to action in FY 2014 and FY2015 to reduce testing costs. The Commission previously defeated my amendment which would have allowed for more action.

I hope that we will listen to our stakeholders’ pleas—and Congress’s direction—and do the hard work to improve safety for more Americans while minimizing the burden we place on the American economy.

Certificates of Compliance: Speak Up!

Remember CPSC’s certificates of compliance? In 16 C.F.R. part 1110? Of course you do! If you’re reading this blog, that is, you should, because I wrote about the draft update the Commission approved in May and described a number of shortcomings that I saw in the draft and the process leading up to its adoption (including the draft’s excess breadth, the refusal of some of my colleagues to ask pertinent questions of the public, the needless expansion of paperwork requirements, and a few other issues). But I voted for the package because I believe our 1110 rule needs updating, and we needed get the public’s views on how best to do that.

Now we’re coming up on the end of the comment period. The public’s comments are due next Monday, July 29, 2013. If you have something to share with us, now’s the time to speak up. You can file your comments here.

Show Your Work

In this day and age, who gets to do their own work and not show it to anyone else before it sees the light of day? Surely there are few who let work product out without someone vetting it. That’s why businesses get third-party auditors. That’s why grade school students show their work, so their teachers can correct them. And that’s why, starting with President Reagan, every president has required executive agencies to submit major rules to the Office of Information and Regulatory Affairs (in the White House Office of Management and Budget) to ensure that the rules are supported by thorough, accurate regulatory impact analyses (of which cost-benefit analyses are a key element). So it shouldn’t be surprising that a bipartisan coalition has begun forming to require independent agencies to do the same thing, which is taking shape in the form of the Independent Agency Regulatory Analysis Act (S. 1173), co-sponsored by Sens. Rob Portman (R–Ohio), Susan Collins (R–Maine), and Mark Warner (D–Virginia). Unfortunately, it also isn’t surprising that some (including some of my colleagues here at the CPSC) see this review as an impediment to regulatory independence. Such was suggested in a recent New York Times editorial. Senator Portman and I responded to those misguided concerns here. In addition, I wrote an op-ed in The Hill newspaper arguing in favor of the bill, which you can read here.

The bill is now pending before the Senate Committee on Homeland Security and Governmental Affairs.  Should this idea become law, it would provide a measure of accountability to regulators to better justify the actions they take.

Welcoming New Colleagues

Participants in our Commission meetings last week saw two new faces on the dais. Ann Marie Buerkle and Marietta Robinson were recently confirmed by the Senate as Commissioners and participated in our meetings last week. Commissioner Buerkle is a nurse, lawyer, and former Member of Congress. Commissioner Robinson is a litigator and trial attorney. Both bring important points of view and experiences to the agency.

I am personally excited to have these new Commissioners as colleagues. Although my remaining time at the Commission is limited, it will be so much more meaningful to share this time with Commissioners Buerkle and Robinson.


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