FY2015 Annual Report to Congress - Consumer Product Safety ... [PDF]

2015 ANNUAL REPORT TO THE PRESIDENT AND CONGRESS

United States Consumer Product Safety Commission

United States Consumer Product Safety Commission

Chairman Elliot F. Kaye

Vice Chairman Robert S. Adler

Commissioner Marietta S. Robinson

Commissioner Ann Marie Buerkle

Commissioner Joseph Mohorovic

Report to the President and Congress Pursuant to Section 209 of the Consumer Product Safety Improvement Act of 2008 The United States Consumer Product Safety Commission (“CPSC” or “the Commission”) is submitting this report to the President, Congress, and the public, as required under section 27(j) (15 U.S.C. 2076(j)) of the Consumer Product Safety Act (“CPSA”), as amended by the Consumer Product Safety Improvement Act of 2008 (“CPSIA”). The content of this report is specified in the CPSA, as amended by the CPSIA. The report describes many of the activities the CPSC performed to protect the public from hazardous consumer products in fiscal year 2015 (“2015”). Readers may also be interested in the CPSC’s 2015 Annual Performance Report, required by the Government Performance and Results Act and available on the CPSC’s website at: www.cpsc.gov/en/About-CPSC/Agency-Reports/. The CPSC, established by Congress in 1972, is the federal regulatory body tasked with protecting the public from unreasonable risks of injuries or death associated with consumer products. The Commission has been effective in reducing consumer product-related injury and death rates by using a wide range of strategies to identify and address product safety hazards. This report is organized around the five strategies noted below: •

Hazard Identification and Monitoring: collecting information and monitoring injury and death statistics related to the use of products under the CPSC’s jurisdiction;

•

Safety Standards: participating in the development and strengthening of voluntary safety standards and developing mandatory standards;

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Compliance and Enforcement: enforcing compliance with standards through compliance activities, such as recalls or other corrective actions, and litigating when necessary;

•

Public Outreach: educating consumers, families, foreign governments, and industry about product safety recalls, safety programs and alerts, emerging hazards, and safety standards; and

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Intergovernmental Coordination: coordinating work on product safety issues with other governmental stakeholders.

2015 REPORT TO THE PRESIDENT AND CONGRESS

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CONTENTS HAZARD IDENTIFICATION AND MONITORING ........................................................................ 1

TABLE 1 - DEATHS ASSOCIATED WITH THE USE OF CERTAIN CONSUMER PRODUCTS ................................................................................. 3 TABLE 2 - ESTIMATES OF HOSPITAL EMERGENCY DEPARTMENT-TREATED INJURIES ASSOCIATED WITH THE USE OF CERTAIN CONSUMER PRODUCTS ............................................................................................................................................................................................ 4 TABLE 3 – PERCENT OF HOSPITALIZED EMERGENCY DEPARTMENT-TREATED INJURIES ASSOCIATED WITH THE USE OF CERTAIN CONSUMER PRODUCTS ............................................................................................................................................................................................ 5 TABLE 4 - ESTIMATES OF THE COST OF EMERGENCY DEPARTMENT-TREATED CONSUMER PRODUCT INJURIES .................................... 6 PRODUCT GROUPS .................................................................................................................................................................................................... 7 SAFETY STANDARDS .........................................................................................................9 1) MANDATORY SAFETY STANDARDS ......................................................................................................................................................... 10 2) VOLUNTARY SAFETY STANDARDS .......................................................................................................................................................... 15 3) RESEARCH ACTIVITIES ............................................................................................................................................................................. 16 COMPLIANCE AND ENFORCEMENT .................................................................................... 21 1) VOLUNTARY RECALL ACTIONS TAKEN BY IMPORTERS OR MANUFACTURERS ................................................................................ 23 2) LETTERS OF ADVICE TO IMPORTERS OR MANUFACTURERS ............................................................................................................... 51 3) COMMISSION DETERMINATIONS AND JUDICIAL ACTIONS ................................................................................................................ 217 PUBLIC OUTREACH ....................................................................................................... 226 1) CONSUMER OUTREACH ......................................................................................................................................................................... 228 2) DISSEMINATION OF TECHNICAL INFORMATION ................................................................................................................................ 235 3) COOPERATION BETWEEN COMMISSION OFFICIALS AND EXTERNAL STAKEHOLDERS ................................................................ 237 INTERGOVERNMENTAL COORDINATION ........................................................................... 278 1) MAJOR STATE-SUPPORTED SAFETY INITIATIVES ............................................................................................................................. 278 2) STATE AND LOCAL PROGRAMS............................................................................................................................................................. 278 3) SIGNIFICANT COMMUNICATION WITH OTHER GOVERNMENTAL AGENCIES AND OFFICES ........................................................ 279 4) INTERNATIONAL TRAINING ACTIVITY ................................................................................................................................................ 280

To view the electronic version of this document with active links throughout, visit the CPSC website at: www.cpsc.gov/About-CPSC/Agency-Reports/Annual-Reports/

2015 REPORT TO THE PRESIDENT AND CONGRESS

Hazard Identification and Monitoring

Hazard Identification and Monitoring The Commission, in fulfilling its mission to protect the public against unreasonable risks of injuries associated with consumer products, collects, reviews, and analyzes >[email protected], 301-987-2293. Transmitted to the Office of the Secretary 2/18/15. Posted in the Public Calendar 2/18/15. Rana Balci-Sinha, Directorate for Engineering Sciences/Human Factors& attended ASTM subcommittee stroller task group teleconference on positional grab bars. Commissioner Robert Adler and Chief Counsel Sarah Klein met with Judy Levin, MSW, Pollution Prevention Director, Center for Environmental Health and Dr. Don Lucas, Combustion Scientist, Lawrence Berkeley National Laboratory to discuss CPSC’s direction and progress toward a furniture flammability standard and the overlap with California’s furniture flammability standard. Gib Mullan, Chief Counsel, Nancy Lowery, Special Assistant, and Katelyn Costello, Executive Assistant (Office of Commissioner Buerkle) met with the Center for Environmental Health to discuss a furniture flammability standard and the overlap with California’s flammability standard. Attending from the Center for Environmental Health was Ms. Judy Levin, MSW, Pollution Prevention Director and Dr. Don Lucas, Combustion Scientist, Lawrence Berkeley National Laboratory. Commissioner Joe Mohorovic and special assistants held a meeting with Judy Levin, MSW, Pollution Prevention Director, Center for Environmental Health and Dr. Don Lucas, Lawrence Berkeley National Laboratory to discuss federal furniture flammability standard and the overlap with California’s furniture flammability standard. Heather Bramble, Chief Counsel, and Dottie Lee, Confidential Assistant (Office of Commissioner Robinson) &met with the Center for Environmental Health to discuss a furniture flammability standard and the overlap with California’s flammability standard. Attending from the Center for Environmental Health was Ms. Judy Levin, MSW, Pollution Prevention Director and Dr. Don Lucas, Combustion Scientist, Lawrence Berkeley National Laboratory. Jana Fong-Swamidoss, Chief of Staff and Chief Counsel to the Chairman, and other members of the Chairman’s office met with the Center for Environmental Health to discuss a furniture flammability standard and the overlap with California’s flammability standard. Attending from the Center for Environmental Health was Ms. Judy Levin, MSW, Pollution Prevention Director and Dr. Don Lucas, Combustion Scientist, Lawrence Berkeley National Laboratory. Patricia Edwards, Directorate for Engineering Sciences, participated in a conference call with the ASTM F15 subcommittee on Crib Mattress - Labeling.

251

Public Outreach Date(s) 3/10/2015

3/11/20153/12/2015 3/11/2015

3/11/2015

3/11/2015

3/11/2015 3/11/2015

3/11/2015

3/12/2015 3/12/2015

3/12/2015

3/14/2015

Meetings of Substantial Interest

Meeting Summary Dr. Joel Recht, Director for Engineering Sciences, Mr. Mark Kumagai, Mechanical Engineering Division Director, and Ms. Caroleene Paul, ROV project manager, met with Mr. Paul Vitrano, VP Global Government Relations for Polaris Industries, Inc., and Mr. David Longren, Mr. Louis Brady, and Mr. Damian Harty of Polaris Industries Inc. to discuss dynamic stability and handling testing and metrics for recreational offhighway vehicles. Scott Ayers, Directorate for Engineering Sciences, attended the CANENA UL Technical Committee 61C meeting on safety requirements for household refrigerators and freezers on March 11and 12, 2015. Vince Amodeo, Directorate for Engineering Sciences, and other CPSC staff participated in a conference call with the ASTM F15.59 subcommittee for children’s chairs. The task group discussed children’s chair stability requirements. Rik Khanna, Office of Hazard Identification and Reduction, participated in the National Fire Protection Association (NFPA) Upholstered Furniture Main Task Group meeting to discuss voluntary standards development for upholstered furniture. Patricia H. Adkins, Executive Director and CPSC staff met with staff from Amazon to discuss revisions to the Retailer Reporting Program. Attending from Amazon was Damon Jones, Senior Manager, Worldwide Product Compliance & Hazmat, Amazon; Michael Laskin, Corporate Counsel, Operations, Amazon; and other staff from Amazon. Commissioner Joe Mohorovic and special assistants met with Michael Laskin, Stephanie Burns, and Damon Jones with Amazon.com to discuss retailer reporting. Commissioner Ann Marie Buerkle, Gib Mullan, Chief Counsel, Nancy Lowery, Special Assistant, and Katelyn Costello, Executive Assistant, met with staff from Amazon to discuss revisions to the Retailer Reporting Program. Attending from Amazon was Damon Jones, Senior Manager, Worldwide Product Compliance & Hazmat, Amazon; Michael Laskin, Corporate Counsel, Operations, Amazon; and other staff from Amazon. Commissioner Ann Marie Buerkle, Gib Mullan, Chief Counsel, Nancy Lowery, Special Assistant, Katelyn Costello, Executive Assistant, met with Mark Johnson from Newell Rubbermaid to discuss confidential business information pertaining to window coverings, including safety information related to their lines of window coverings. (The meeting was closed to the public as the company discussed their innovations in window cord operating systems and confidential business information.) Rana Balci-Sinha, Directorate for Engineering Sciences/Human Factors,& attended ASTM subcommittee stroller task group teleconference on positional grab bars. Carol Cave, Jim Joholske (Office of Import Surveillance) and Mary House (Office of the General Counsel) meeting with CBP Workgroup in coordination with COAC to discuss CBP’s pilot to test implementation of the PGA Message Set for CPSC certificate filing at entry. Commissioner Joe Mohorovic and Special Assistants and Counsel Mike Gentine attended a Consumer Federation of America Consumer Assembly 2015 Panel on Product Recalls. Commissioner Joe Mohorovic attended a Winter Design Expo 2015 with Nancy Cowles, Kids in Danger and Lisa Siefert, Shane’s Foundation, at the Ford Motor Company Engineering Design Center on the campus of Northwestern University to see furniture tip-over and laundry pods safe product design displays created by Northwestern students.

252

Public Outreach Date(s) 3/16/2015

3/17/2015

3/17/2015

3/19/2015

3/19/2015 3/19/2015 3/19/2015 3/19/2015

3/20/2015

3/23/2015

3/24/2015

3/24/2015

3/25/2015 3/26/2015

3/26/2015

Meetings of Substantial Interest

Meeting Summary Dr. Alice Thaler, Director, Directorate for Health Sciences, Dr. Michael Babich and Dr. Kent Carlson (Directorate for Health Sciences), met with Ms. Eileen Conneely, Panel Manager, High Phthalates Panel, American Chemistry Council, Jackie Hunley and Dr. Jennifer Foreman of Exxon Mobil, and Dr. Raymond David of BASF Corporation. to discuss their analysis of NHANES >[email protected] or (301) 987-2582. Transmitted to the Office of the Secretary 4/22/15. Posted in the Public Calendar 4/23/15. Patricia Edwards, Directorate for Engineering Sciences, and other CPSC staff attended ASTM F15 subcommittee meetings on juvenile products at ASTM headquarters in West Conshohocken, PA. Contact Patricia Edwards for more information, 301-9872224. Transmitted to the Office of the Secretary 4/16/15. Posted in the Public Calendar 4/16/15. Janet Buyer, Directorate for Engineering Sciences, and Matthew Brookman, Directorate for Laboratory Sciences, participated in a teleconference meeting of the Task Group for UL 2201, Portable Engine Generator Assemblies. Doug Lee, Directorate for Engineering Sciences, participated in an ASTM workgroup for battery operated toys via teleconference to review battery requirements for ASTM F963. Caroleene Paul, Directorate for Engineering Sciences attended the Recreational OffHighway Vehicle Association (ROHVA) voluntary standard meeting for recreational off-highway vehicles (ROVs). Jacqueline Campbell, Directorate for Engineering Sciences, attended AATCC 2015 Spring Committee Meetings, at the DoubleTree Hotel, Durham, NC. &For additional information contact Jacqueline Campbell at (301) 987-2024. &Transmitted to the Office of the Secretary 4/23/15. Commissioner Ann Marie Buerkle, Nancy Lowery, Special Assistant, Katelyn Costello, Executive Assistant, attended the Data Innovation Summit 2015. Chairman Kaye spoke at Walmart Headquarters in Bentonville, Arkansas, and provide the keynote address for Walmart’s U.S. Ethics and Compliance Week. Sarah Newens, Directorate for Engineering Sciences, and other CPSC staff participated in a conference call with the ASTM F15.71 task group regarding the development of the voluntary standard for Liquid Laundry Packets. Ronald Jordan, Directorate for Engineering Sciences, met with a representative from Hayes Cleveland and Lamtec, Gmb to discuss their combustion sensors’ operation in gas appliances. Commissioner Ann Marie Buerkle gave remarks at the Retail Industry Leaders Association’s General Counsel Meeting. Attending the meeting with Commissioner Buerkle was Gib Mullan, Chief Counsel, and Nancy Lowery, Special Assistant. Commissioner Robert Adler, Chief Counsel Sarah Klein and Senior Counsel Jennifer Feinberg met with Donald R. Kornblet, Product Safety Advisor and Dr. Ik-Whan Kwon of the Center for Supply Chain Management Studies at Saint Louis University to discuss product safety education at the university level, share information about some of their thoughts about past accomplishments and learnings, and to discuss future education plans and ideas in the product safety field.

258

Public Outreach Date(s) 5/11/2015

5/11/2015

5/11/2015

5/11/2015

5/11/2015

5/11/2015

5/12/2015 5/12/2015

5/12/2015 5/12/2015

5/13/2015

Meetings of Substantial Interest

Meeting Summary Patricia Adkins, Executive Director, George Borlase, Director, Hazard Identification & Reduction and Marc Schoem, Deputy Director, Office of Compliance and Field Operations met with Dr. Ik-Whan Kwon, PhD, Director and &Donald Kornblet, Product Safety Adviser, &Center for Supply Chain Management Studies, Saint Louis University, to discuss the Center’s university-level product safety education program. Andrew Stadnik, Associate Executive Director for Laboratory Sciences, and other CPSC staff met with John Rodgers of the American Fireworks Safety Laboratory (AFSL) and Quin Dodd, AFSL outside counsel, for AFSL to present information to the CPSC regarding their suggestions related to the CPSC’s FY 15 Fireworks project to review the CPSC’s fireworks regulations. Commissioner Marietta Robinson, Heather Bramble, Chief Counsel, Boaz Green, Senior Counsel, Dottie Lee, Confidential Assistant, met with Dr. Ik-Whan Kwon of the Center for Supply Chain Management Studies at Saint Louis University and Donald Kornblet, Product Safety Advisor, to discuss product safety education at the university level, share information about their thoughts and accomplishments and learnings, and to discuss future education plans and ideas in the product safety field. Sarah Newens, Directorate for Engineering Sciences, and other CPSC staff participated in a conference call with the ASTM F15.71 task group regarding the development of the voluntary standard for Liquid Laundry Packets. Commissioner Ann Marie Buerkle, Gib Mullan, Chief Counsel, Nancy Lowery, Special Assistant, Katelyn Costello, Executive Assistant, met with Donald R. Kornblet, Product Safety Advisor and Dr. Ik-Whan of the Center for Supply Chain Management Studies at Saint Louis University to discuss product safety education at the university level, share information about some of their thoughts about past accomplishments and learnings, and to discuss future education plans and ideas in the product safety field. Commissioner Joe Mohorovic, Special Assistant Bryce Dustman and Special Assistant and Counsel met with Donald Kornblet, Product Safety Advisor and Dr. Ik-Whan Kwon of the Center for Supply Chain Management Studies at Saint Louis University to discuss product safety education at the university level, share information about some of their thoughts about past accomplishments and learnings, and to discuss future education plans and ideas in the product safety field. Aaron Orland, Directorate for Laboratory Sciences, and other CPSC staff visited the laboratories of the Composite Panel Association (CPA). Einstein Miller, Directorate for Laboratory Sciences, participated in the Underwriters Laboratories (UL) 1278 Task Group meeting. The UL 1278 Task Group is conducting a risk assessment for UL 1278 Smart Enabled Portable Heaters. Commission Meeting: Fiscal Year 2015 Mid-Year Review and Operating Plan Andrew Trotta, Directorate for Engineering Sciences, and other CPSC staff met with Jennifer Cleary and Wayne Morris, Association of Home Appliance Manufacturers (AHAM), to discuss AHAM’s proposals for standards revisions for ranges, refrigerators, clothes dryers, dishwashers, blenders, coffee makers, toasters/toaster ovens, portable electric heaters, fans and receptacles. Carol Cave and Jim Joholske (Office of Import Surveillance); Mary House (Office of the General Counsel) met with COAC working group and interested trade parties to discuss CBP’s pilot with CPSC to test implementation of the PGA Message Set for CPSC certificate filing at entry. Carol Cave and the e-filing team will demonstrate the prototype registry and will include discussions about how laboratories may help facilitate the e-filing process.

259

Public Outreach Date(s) 5/14/2015

5/15/2015

5/15/2015

5/15/2015

5/15/2015

5/15/2015

5/15/2015

5/18/2015

5/18/2015

5/19/2015

5/20/2015

Meetings of Substantial Interest

Meeting Summary Sarah Newens, Directorate for Engineering Sciences, and other CPSC staff participated a meeting with the ASTM F15.71 subcommittee regarding the development of the voluntary standard for Liquid Laundry Packets. Scott Ayers, Directorate for Engineering Sciences, participated in CANENA Technical Committee 61C teleconference on safety requirements for household refrigerators and freezers. Commissioner Joe Mohorovic, Special Assistant Bryce Dustman and Special Assistant and Counsel Mike Gentine met with Procter and Gamble representatives Rick Hackman, Sean Broderick, Kimberly Eberwine, Shailesh Jejurikar, Anitra March and Sarah Wilson with Covington and Burling to discuss single load liquid laundry packets. Commissioner Robert Adler and Chief Counsel Sarah Klein met with Rick Hackman, Sean Broderick, Kimberly Eberwine, Shailesh Jejurikar and Anitra Marsh of Procter & Gamble and Sarah Wilson of Covington & Burling, LLP to discuss single load liquid laundry packets (Tide Pods) and met the new business head. Commissioner Ann Marie Buerkle, Gib Mullan, Chief Counsel, Nancy Lowery, Special Assistant, Katelyn Costello, Executive Assistant met with representatives from Procter & Gamble. The purpose of the meeting was to introduce the new Tide Pods business head. Attending on behalf of Procter & Gamble were: Rick Hackman (Product Safety), Sean Broderick (Government Relations), Kimberly Eberwine, (In-house Counsel), Shailesh Jejurikar (Tide Pods business head), Anitra Marsh (Communications), and Sarah Wilson (Outside Counsel). Heather Bramble, Chief Counsel to Commissioner Marietta S. Robinson and Boaz Green, Senior Counsel to Commissioner Marietta S. Robinson, with representatives from Procter & Gamble. The purpose of the meeting was to introduce the new Tide Pods business head. Attending on behalf of Procter & Gamble were: Rick Hackman (Product Safety), Sean Broderick (Government Relations), Kimberly Eberwine, (Inhouse Counsel), Shailesh Jejurikar (Tide Pods business head), Anitra Marsh (Communications), and Sarah Wilson (Outside Counsel). Chairman Elliot F. Kaye and members of his staff met with Rick Hackman, Sean Broderick, Kimberly Eberwine, Shailesh Jejurikar and Anitra Marsh of Procter & Gamble and Sarah Wilson of Covington & Burling, LLP to discuss single load liquid laundry packet and met the new business head. Rick McCallion, Office of Hazard Identification and Reduction, and other CPSC staff attended ASTM F08 Subcommittee Meetings on Sports and &Recreational Products and F15 subcommittee meetings on playground equipment and toys at the Anaheim Marriot in Anaheim, CA. Commissioner Joe Mohorovic spoke at a National Institute of Standards and Technology (NIST) Globalization and Standards Supply Chain Operations, Strategy and Infrastructure Workshop. Caroleene Paul, Directorate for Engineering Sciences attended the Outdoor Power Equipment Institute (OPEI) voluntary standard meeting for multipurpose off-highway utility vehicles. Commissioner Joe Mohorovic attended the Kids in Danger 2015 Best Friends Award Night.

260

Public Outreach Date(s) 5/20/2015

5/20/2015

5/20/2015

5/21/2015

5/27/2015

5/28/2015

5/28/2015

5/28/2015

5/28/2015 5/28/2015

5/29/2015

Meetings of Substantial Interest

Meeting Summary Chairman Elliot Kaye and members of his staff met with Bureau Veritas to discuss current industry and commission activity, with a particular focus on transparency in the supply chain and Bureau Veritas’s “OneSource” tool. They also demonstrated their “OneSource” tool. Attending from Bureau Veritas was Rick Rosati, Director of Technical Services, Americas Region, Lisa Bate, Vice President of the Americas region, and Stacey Stannard from Bureau Veritas’s IT department. Commissioner Robert Adler and Chief Counsel Sarah Klein met with Rick Rosati, Director of Technical Services, Americas Region, Lisa Bate, Vice President of the Americas Region and Stacey Stannard, Bureau Veritas’ IT Department to discuss current industry and Commission activity with a particular focus on transparency in the supply chain and Bureau Veritas’ “OneSource” tool which they demonstrated. Commissioner Buerkle and members of her staff met with Bureau Veritas to discuss current industry and commission activity, with a particular focus on transparency in the supply chain and Bureau Veritas’s “OneSource” tool. They also demonstrated their “OneSource” tool. Attending from Bureau Veritas was Rick Rosati, Director of Technical Services, Americas Region, Lisa Bate, Vice President of the Americas region, and Stacey Stannard from Bureau Veritas’s IT department. Commissioner Joe Mohorovic met with Jonathan Judge, Schiff Hardin LLP, to discuss the process to determine civil penalties. This meeting was rescheduled from May 1, 2015. CPSC staff met with members of the Window Covering Manufacturers Association (WCMA) to discuss technologies that are currently available, what alternatives are achievable, and what impacts these alternatives would have on end-users. Anna Luo, Directorate for Engineering Sciences , participated in an Underwriters Laboratories (UL) 1026 Task Group teleconference to discuss slow cooker proposal comments. Joel Recht, Directorate for Engineering Sciences, George Borlase, Office of Hazard Identification and Reduction and other CPSC staff met with Sarah Owens, Clyde Kofman and Don Talka, Underwriters Laboratories, Inc.(UL), to discuss approaches to safety, risk assessment and risk management as well as collaboration opportunities. Lisa Scott and Allyson Tenney, Directorate for Laboratory Sciences, and other CPSC staff met with Andrea Piana and Andy Hollis of Tintoria Piana U.S., Inc. (“firm”) to discuss the firm’s comments on the requirements of 16 CFR part 1633 Standard for the Flammability (Open Flame) of Mattress Sets. Commissioner Robert Adler and staff met with Michael J. Gray of Actus Analytical to introduce Actus’ phthalates screening analyzer method. Chairman Elliot F. Kaye spoke on a panel at the Helsinki Chemical Forum. The topic for the panel was, Chemicals in Products: How to Improve Communications in the Supply Chain. He was joined on the panel by Claus Jørgensen, Senior Project Manager, Danish Consumer Council; Dr. Erika Kunz, Head of Global Registration and Evaluation of Chemicals, Clariant Produkte; Christel Musset, Director of Registration, ECHA and Dr. Mark S. Rossi, Director, Clean Production Action. Commissioner Joe Mohorovic met with Crate and Barrel, CB2 and The Land of Nod representatives: John Olech, Director – Global Operations, Crate and Barrel; Emily Milman, Assistant General Counsel, Crate and Barrel, Jonthan Lee, Product Safety and Compliance Manager, The Land of Nod; Mark Brewer, Product Information Specialist, Crate and Barrel; and Steve Ruch, Product Regulatory Manager, Crate and Barrel and CB2. (Meeting was previously scheduled for May 21, 2015)

261

Public Outreach Date(s) 6/2/20156/4/2015

6/2/2015 6/3/2015

6/3/2015

6/3/2015

6/4/2015

6/4/2015

Meetings of Substantial Interest

Meeting Summary Scott Ayers, Directorate for Engineering Sciences, attended the National Candle Association’s 2015 Annual Conference Expo in New Orleans, LA. During the conference Mr. Ayers gave a presentation entitled, “Update on CPSC’s Activities Related to Candles and Candle Accessories.” Commissioner Joe Mohorovic spoke at the American Association of Exporters and Importers Annual Conference and Expo. Neal S. Cohen, Small Business Ombudsman, and members of staff, met with Bureau Veritas to discuss current industry and commission activity, including a discussion of instances when CPSC-accepted laboratories are testing products for requirements that may not be required under federal consumer product safety law. In addition, Bureau Veritas also demonstrated their “OneSource” tool. Attending from Bureau Veritas was Rick Rosati, Director of Technical Services, Americas Region, Lisa Bate, Vice President of the Americas region, and Stacey Stannard from Bureau Veritas’s IT department. (The section of the meeting demonstrating the “OneSource” tool was closed to the public because of the proprietary information that was discussed.) Arthur Lee and Andrew Trotta, Directorate for Engineering Sciences, met with Jennifer Cleary and Wayne Morris, Association of Home Appliance Manufacturers (AHAM), and others to discuss clothes dryer fire containment test requirements in the clothes dryer voluntary safety standards. Chairman Elliot F. Kaye convened a closed meeting with members of the COAC 1USG Subcommittee – CPSC Working Group to discuss a successful path forward to the Commission’s e-filing alpha project and implementation of the single window. CPSC and CBP staff attended the Chairman’s meeting and participated as necessary in the discussion. In accordance with 16 C.F.R. part 1012.4(d)(7)(ii), the Chairman believed extraordinary circumstances required closing this meeting in anticipation of the sharing of highly sensitive business information specific to formulating the requirements of and addressing the challenges presented by the e-filing project as well as the U.S. Government’s vital interest in successfully implementing the single window as outlined in the President’s February 19, 2014, “E.O. – Streamlining the Export/Import Process for America’s Businesses.” Commissioner Joe Mohorovic spoke to the Toy Industry Association’s DC Fly-In participants including TIA’s Steve Pasierb, Ed Desmond, Al Kaufman, Joan Lawrence, Rebecca Mond, Rachel Derby, Autumn Moore, and Molly Carroll, and Rick Locker with Locker Greenberg; Brainin, Kathrin Belliveau with Hasbro, Doug Blaine with Bachmann Industries, Kirsten Bloxom with Thinkfun, Stephan Brissaud with Iello USA, Lauren Crabtree with Thinkfun, Chet Francis with Inroad Toys, John Gessert with American Plastic Toys, David Hargreaves with Hasbro, Katy Horsman with The Bridge Direct, Sal Irigoyen with Odyssey Toys, Brian Jablon, Pacific Play Tents, Robert Lattuga with Leapfrog Enterprises, Nancy MacPerson with Lego, Drew Metz with Melissa and Doug, LLC, Leigh Moyers with Feld Entertainment, Corinne Murat with Mattel, Andy Musliner with Inroad Toys, Jim Phillips with The Ohio Art Company, Russell Selevan with Ja-Ru, Scott Slifka with Lego, Tom St.Maxens with Mattel, Irina Stan with Schleich USA, Jessica Wright with Schoenhunt Piano Company, and Nancy Zwiers with Funosophy. Patricia Edwards, Directorate for Engineering Sciences, participated in a conference call with the ASTM F15 task group on Gates and Enclosures.

262

Public Outreach Date(s) 6/4/2015

6/4/2015

6/8/2015

6/9/2015

6/9/2015 6/10/2015

6/11/2015

Meetings of Substantial Interest

Meeting Summary Chairman Elliot F. Kaye met with members of the Toy Industry Association’s DC FlyIn participants including TIA’s Steve Pasierb, Ed Desmond, Al Kaufman, Joan Lawrence, Rebecca Mond, Rachel Derby, Autumn Moore, and Molly Carroll, and Rick Locker with Locker Greenberg; Brainin, Kathrin Belliveau with Hasbro, Doug Blaine with Bachmann Industries, Kirsten Bloxom with Thinkfun, Stephan Brissaud with Iello USA, Lauren Crabtree with Thinkfun, Chet Francis with Inroad Toys, John Gessert with American Plastic Toys, David Hargreaves with Hasbro, Katy Horsman with The Bridge Direct, Sal Irigoyen with Odyssey Toys, Brian Jablon, Pacific Play Tents, Robert Lattuga with Leapfrog Enterprises, Nancy MacPerson with Lego, Drew Metz with Melissa and Doug, LLC, Leigh Moyers with Feld Entertainment, Corinne Murat with Mattel, Andy Musliner with Inroad Toys, Jim Phillips with The Ohio Art Company, Russell Selevan with Ja-Ru, Scott Slifka with Lego, Tom St. Maxens with Mattel, Irina Stan with Schleich USA, Jessica Wright with Schoenhunt Piano Company, and Nancy Zwiers with Funosophy. Commissioner Ann Marie Buerkle spoke to the Toy Industry Association’s DC Fly-In participants including TIA’s Steve Pasierb, Ed Desmond, Al Kaufman, Joan Lawrence, Rebecca Mond, Rachel Derby, Autumn Moore, and Molly Carroll, and Rick Locker with Locker Greenberg; Brainin, Kathrin Belliveau with Hasbro, Doug Blaine with Bachmann Industries, Kirsten Bloxom with Thinkfun, Stephan Brissaud with Iello USA, Lauren Crabtree with Thinkfun, Chet Francis with Inroad Toys, John Gessert with American Plastic Toys, David Hargreaves with Hasbro, Katy Horsman with The Bridge Direct, Sal Irigoyen with Odyssey Toys, Brian Jablon, Pacific Play Tents, Robert Lattuga with Leapfrog Enterprises, Nancy MacPerson with Lego, Drew Metz with Melissa and Doug, LLC, Leigh Moyers with Feld Entertainment, Corinne Murat with Mattel, Andy Musliner with Inroad Toys, Jim Phillips with The Ohio Art Company, Russell Selevan with Ja-Ru, Scott Slifka with Lego, Tom St.Maxens with Mattel, Irina Stan with Schleich USA, Jessica Wright with Schoenhunt Piano Company, and Nancy Zwiers with Funosophy. Sarah Newens, Directorate for Engineering Sciences, and other CPSC staff participated in a conference call with the ASTM F15 task group regarding the development of the voluntary standard for Liquid Laundry Packets. The task group discussed scope and packaging requirements. Doug Lee, Directorate for Engineering Sciences, participated in ANSI C18-5/NEMA Battery Committee Safety Meetings by teleconference, to discuss button/coin cell battery ingestion safety, toy battery standards. Commissioner Joe Mohorovic met with Illinois Attorney General Lisa Madigan to discuss product safety issues. Carol Cave, Jim Joholske, John Blachere, Jack McDaniel (Office of Import Surveillance); Mary House (Office of the General Counsel); Jacqueline Campbell (Directorate for Engineering Sciences); Lisa Reidmiller, Josh Dubose (Contractors for Office of Import Surveillance); and Mike Wilmoth (Contractor for Office of Information Technology), met with OHL International Customs Brokerage in Philadelphia to discuss current industry activity that brokers use to file within the Automated Commercial Environment (ACE). (This meeting was closed to the public because of the proprietary information that was discussed.) Carol Cave and Jim Joholske, Office of Import Surveillance, met with National Association of Foreign Trade Zones to receive a briefing on how FTZs are organized and operate.

263

Public Outreach Date(s) 6/11/2015

6/12/2015 6/12/2015 6/12/2015

6/16/2015

6/16/2015

6/16/2015

6/16/2015

6/16/2015

Meetings of Substantial Interest

Meeting Summary Commissioner Joe Mohorovic toured and met with the following representatives from Walmart: Peggy Fowler, Sr. Director, Standards/Testing/Business Communication; Joe Bussell, Director, Removals, Reporting; Analytics; Thomas Head, Director, Legislative Services; Cara Rose, Director, Standards/Testing/Business Communication; Mallory McCormick, Director, Standards/Testing/Business Communication; Don Wiseman, Senior Associate General Counsel; Chris Callahan, Category Director of Home Organization and Luggage; Lisa Schimmelpfenning, VP of Imports-Administration & Logistics; Barry Baxter, Sr. Director of Customs; Jennifer Horner, Director, Customs Compliance; Jane Marlow, Sr. Classification/ Admissibility& Manager; Greg Davis, Director, Customs Entry Operations; and Beth Schommer, Vice President, Product Safety and Compliance; to discuss product safety, distribution, merchandising processes, and import surveillance issues. The meeting was closed to the public because significant confidential business information was discussed during the tour and meeting. Rick McCallion, Office of Hazard Identification and Reduction, attended the NOCSAE Standards Meeting. Chairman Elliot F. Kaye, and several CPSC staff, met in Bethesda, MD, with representatives of American Chamber of Commerce, Hong Kong. Commissioner Joe Mohorovic toured and met at Consumer Testing Laboratories with representatives: Aamer Khan, Chief Operating Officer; Mark Moore, Vice President, Operations and Innovation; Mitch McDaniel, Vice President, Chemistry; Rick Potts, Chief Technology Officer; Scott Sargent, Vice President, Hardlines Testing; and Andrew Loveland, Senior Director of Regulatory Compliance; to review techniques and technology used to reduce testing burdens for suppliers. The meeting was closed to the public because of the proprietary information that was discussed during the tour and meeting. Celestine Kish, Directorate for Engineering Sciences, and other CPSC staff participated in a conference call with the ASTM Infant Swings task group regarding possible revisions to the infant swings voluntary standard. Patricia Edwards, Directorate for Engineering Sciences, and other CPSC staff participated in a conference call with the ASTM F15 task group on Gates and Enclosures. Commissioner Joe Mohorovic and Special Assistants Bryce Dustman and Mike Gentine met with Bureau Veritas to discuss transparency in the supply chain. In addition, Bureau Veritas also demonstrated their “OneSource” tool. Attending from Bureau Veritas was Rick Rosati, Director of Technical Services, Americas Region, and Stacey Stannard from Bureau Veritas’s IT department. The section of the meeting demonstrating the “OneSource” tool was closed to the public because of the proprietary information that was discussed. Dr. Suad Wanna-Nakamura, Directorate for Health Sciences, and other EXHR staff, participated in an ASTM Infant Bedding subcommittee task group teleconference to discuss voluntary standards requirements. Commissioner Marietta Robinson, Heather Bramble, Chief Counsel, Boaz Green, Senior Counsel, Dottie Lee, Confidential Assistant, met with Bureau Veritas: Rick Rosati, Director of Technical Services and Stacey Stannard, Information Technology, to discuss transparency in the supply chain. Bureau Veritas was demonstrating their “OneSource” tool. The section of the meeting demonstrating the “OneSource” tool was closed to the public because of the proprietary information that was discussed.

264

Public Outreach Date(s) 6/16/2015 6/17/2015

6/18/2015

6/18/2015

6/19/2015

6/19/2015

6/22/2015

6/22/2015 6/22/2015

6/22/2015

6/22/2015

6/23/2015

6/24/2015

Meetings of Substantial Interest

Meeting Summary Chairman Elliot F. Kaye spoke to the attendees of the 2015 Mid-Year Meeting of the American Cleaning Institute in Washington, D.C. Doug Lee, Directorate for Engineering Sciences, participated in an ASTM workgroup for battery operated toys via teleconference to review negative comments and finalize ballot for requirements for ASTM F963 to address battery ingestion and high energy battery hazards. Commissioner Marietta Robinson attended the Telecommunications, Technology; Intellectual Property Task Force of the Women in Government Relations who hosted an event titled “Big Data: Big Implications for Consumer Product Safety.” Commissioner Robinson discussed CPSC’s health and safety mission and how incident, injury and death data are the basis of CPSC’s major decisions. Chairman Elliot F. Kaye attended and spoke at the International Consumer Product Health and Safety Organization Northeast Region Product Safety Training Workshop at the Toys “R” Us Headquarters. Mark Kumagai, Directorate for Engineering Sciences, met with Mr. David Robertson, Managing Director of QB Industries to discuss ATV safety, helmets, safety bar use in Israel and laws in Australia. Chairman Elliot F. Kaye visted the ExxonMobil Biomedical Sciences, Inc. (EMBSI) facility located near Clinton, New Jersey. The Chairman and his staff met with representatives of EMBSI and ExxonMobil and toured the labs located on their campus. Commissioner Robert Adler and Chief Counsel Sarah Klein met with Joshua Ward, table saw victim; Tom D’Amore, Joshua’s attorney; Sally Greenberg, Executive Director, National Consumers League (NCL); and Pamela Gilbert, consultant to NCL, to discuss table saw safety. Scott Ayers, Directorate for Engineering Sciences, and other CPSC staff members attended the 2015 NFPA Conference & Expo in Chicago, IL. Commissioner Marietta Robinson, Heather Bramble, Chief Counsel, Boaz Green, Senior Counsel, Dottie Lee, Confidential Assistant, met with Pamela Gilbert, counsel to National Consumers League; Sally Greenberg, Executive Director, National Consumers League; Joshua Ward, table saw victim; and Tom D’Amore, counsel to Joshua Ward to discuss table saw safety. Commissioner Joe Mohorovic and Special Assistant Mike Gentine met with Joshua Ward, table saw victim; Tom D’Amore, Joshua’s attorney; Sally Greenberg, Executive Director, National Consumers League (NCL); and Pamela Gilbert, consultant to NCL, to discuss table saw safety. Chairman Elliot F. Kaye and members of his staff met with the representatives of the National Consumers League and Joshua Ward to discuss table saw safety. Attendees were Sally Greenberg, National Consumers League, Pamela Gilbert, Cuneo Gilbert & DeLuca, and Joshua Ward. Andrew Trotta, Directorate for Engineering Sciences, met with Karen Benedek, Primaira and Wayne Morris, Association of Home Appliance Manufacturers (AHAM), and others to discuss the results of gas and electric range testing related to reducing the risk of food ignitions. Commissioner Ann Marie Buerkle, Gib Mullan, Chief Counsel, Nancy Lowery, Special Assistant, and Katelyn Costello, Executive Assistant met with Joshua Ward, table saw victim; Tom D’Amore, Joshua’s attorney; Sally Greenberg, Executive Director, National Consumers League (NCL); and Pamela Gilbert, consultant to NCL, to discuss table saw safety.

265

Public Outreach Date(s) 6/24/2015

6/24/2015 6/24/2015

6/25/2015

6/26/2015

6/30/2015

7/7/2015

7/8/2015

7/8/2015

7/9/2015

7/14/2015

7/14/2015

Meetings of Substantial Interest

Meeting Summary Consumer Product Safety Commission and Health Canada held a joint webinar for manufacturers, importers, and sellers of toys doing business in both United States and Canada. The presentation was a high-level overview of regulatory requirements for toys in both countries, as well as a discussion of how North American product safety regulators are working together. Presenting was Neal S. Cohen, Small Business Ombudsman, CPSC, and a Product Safety Inspector from the Consumer Product Safety Program Health Canada. Commission Meeting: (1) Agenda and Priorities for Fiscal Years 2016 and 2017 and (2) Data Sources and Consumer Product-Related Incident Information Stefanie Marques, Directorate for Health Sciences, and other Office of Hazard Identification and Reduction staff, participated in an ASTM working group teleconference to discuss voluntary standards requirements for Highchairs. Scott Ayers, Directorate for Engineering Sciences, participated in CANENA Technical Committee 61C teleconference on safety requirements for household refrigerators and freezers. Communications Director Scott Wolfson spoke at the American Home Furnishing Alliance’s Annual Marketing Meeting on the importance of using social media when conducting recalls and the vision of CPSC’s Anchor It! campaign. Jim Joholske, Office of Import Surveillance, attended a meeting of the Border Interagency Executive Council (BIEC) External Engagement Committee to provide outreach by the PGA’s on the implementation of ACE. CPSC provided an overview of their planned alpha efiling pilot. Arthur Lee and Andrew Trotta, Directorate for Engineering Sciences, participated in a teleconference with the Association of Home Appliance Manufacturers (AHAM) Clothes Dryer Working Group to discuss development of clothes dryer lint accumulation test requirements. Caroleene Paul, Directorate for Engineering Sciences attended the Outdoor Power Equipment Institute (OPEI) voluntary standard meeting for multipurpose off-highway utility vehicles. Caroleene Paul, Directorate for Engineering Sciences attended a meeting with the Outdoor Power Equipment Institute (OPEI) to discuss technical comments to the NPR for ROVs. Scott Ayers, Directorate for Engineering Sciences, participated in CANENA Technical Committee 61C teleconference on safety requirements for household refrigerators and freezers. Commissioner Ann Marie Buerkle, Gib Mullan, Chief Counsel, Nancy Lowery, Special Assistant, and Katelyn Costello, Executive Assistant met with representatives of The Home Depot: Teresa Wynn Roseborough, EVP, General Counsel and Corporate Secretary, Jocelyn Hunter, VP, Deputy General Counsel, and Candace Rodriguez, Associate General Counsel. The meeting discussed Home Depot business information on products, sales, and business plans. The meeting was closed as substantial and detailed proprietary information was discussed. Chairman Elliot Kaye met with Dean Dennis to discuss mutual interests and Mr. Dennis's participation in&the Agenda and Priorities for FY 2016 and 2017 & Data Sources and Consumer-Product Related Incident Information hearings held at the Commission on June 24th. Attending was Chairman Elliot Kaye and Mr. Dean Dennis.

266

Public Outreach Date(s) 7/15/2015

7/16/2015

7/16/2015

7/16/2015

7/16/2015

7/16/2015

7/17/2015

7/20/2015

7/21/2015

7/22/2015

Meetings of Substantial Interest

Meeting Summary Stefanie Marques, Tim Smith and other Office of Hazard Identification and Reduction staff, participated in an ASTM working group teleconference to discuss voluntary standards requirements for Highchairs. Commissioner Marietta Robinson, Heather Bramble, Chief Counsel, Boaz Green, Senior Counsel, Dottie Lee, Confidential Assistant, Joe Granzotto, Legal Intern, met with David Schmeltzer for Stericycle Expert Solutions, Steve Edwards, Senior Solutions Managers, Stericycle, Chris Harvey, Stericycle, Dan Hinkebein, Stericycle, to discuss overview of Stericycle’s recall activities, a recall index discussion and trends; and how Stericycle assists its clients with other regulatory agencies. Hope Nesteruk, Directorate for Engineering Sciences, Perry Sharpless, Directorate for Laboratory Sciences, and other CPSC staff attended Transportation Research Board ANB45 subcommittee meetings. Chairman Elliot F. Kaye and members of his staff met with representatives of Stericycle Expert Solutions. Attendees from Stericycle Expert Solutions included Steve Edwards, Senior Solutions Manager, Chris Harvey, Recall Strategist, and Dan Hinkebein, Recall Consultant, and David Schmeltzer. The purpose of the meeting was to discuss an overview of Stericycle’s recall activities; a recall index discussion and trends; and how Stericycle assists its clients with regulatory agencies. Commissioner Joe Mohorovic and Special Assistant Bryce Dustman met with Susan Orenga, Portable Generator Manufacturers Association (PGMA); Joe Harding, PGMA; Greg Wischstadt, Generac Power Systems; representatives from Briggs & Stratton Power Products Group and American Honda Motor Co.; and John Lee, Policy Resolution Group to discuss proposed rulemaking on portable generators. Commissioner Ann Marie Buerkle, Gib Mullan, Chief Counsel, Nancy Lowery, Special Assistant, and Katelyn Costello, Executive Assistant met with representatives of the Portable Generator Manufacturers Association: Susan Orenga, Executive Manager, PGMA (Thomas Associates), Greg Wischstadt, Vice President of Engineering, Generac Power Systems, Patricia Hanz, Briggs & Stratton Power Products Group, Ed Krenik, Policy Resolution Group, Bracewell & Giuliani LLP, and John Lee, Policy Resolution Group, Bracewell & Giulliani LLP. The meeting was to discuss PGMA’s education efforts as well as portable generator rulemaking. Chairman Elliot F. Kaye, and members of his staff, met with Donald Kornblet, Product Safety Advisor, and Dr. Ik-Whan Kwon, Director, of Saint Louis University's Center for Supply Chain Management. The meeting was a chance for Chairman Kaye and the representatives spoke about their program and learned more about the Center’s work and purpose. The Office of Chairman Elliot F. Kaye participated in a conference call with Darren Gill, Vice-President – Marketing, Innovation, Customer Service, FieldTurf; Rom Reddy, Managing Partner, Sprinturf; and, Heard Smith, President, AstroTurf; and Walt A. Sanders, Vice President Law & Government Affairs, Van Fleet Associates, Inc.; to discuss scientific studies regarding the safety of synthetic turf and crumb rubber. Commissioner Ann Marie Buerkle and staff met with Julie Heckman, Executive Director, American Pyrotechnics Association. The meeting was an introduction to the American Pyrotechnics Association and overview of fireworks regulations. Patricia Edwards, Directorate for Engineering Sciences, and other CPSC staff met with Bengt Lager of Regal Lager and associates to discuss International Standards for Home Safety Products.

267

Public Outreach Date(s) 7/23/2015

7/23/2015

7/23/2015

7/24/2015 7/24/2015

7/27/2015

7/27/2015

7/28/2015

7/29/2015

7/29/2015 7/29/2015 7/29/2015 7/29/2015

Meetings of Substantial Interest

Meeting Summary Commissioner Joe Mohorovic and Special Assistant Mike Gentine met with Susan Young, Executive Manager, Power Tools Institute (PTI); Jim Wilson, Webster, Chamberlain & Bean; Ed Krenik, Policy Resolution Group; and John Lee, Policy Resolution Group to discuss proposed rulemaking on table saws and PTI’s pending FOIA request. Chairman Elliot F. Kaye and members of his staff met with Susan Young, Executive Manager of PTI (Power Tools Institute), Jim Wilson, Partner at Webster, Chamberlain & Bean LLP, Ed Krenik, Founding Partner at the Policy Resolution Group and John Lee, Director at the Policy Resolution Group. The meeting was primarily about the proposed rulemaking on table saws and other mutual interest matters. Commissioner Ann Marie Buerkle, Gib Mullan, Chief Counsel, Nancy Lowery, Special Assistant, and Katelyn Costello, Executive Assistant met with representatives of the Power Tools Institute: Susan Young, Executive Manager (PTI), Jim Wilson, Partner, Webster, Chamberlain & Bean LLP, Ed Krenik, Policy Resolution Group, Bracewell & Giuliani LLP, and John Lee, Policy Resolution Group, Bracewell & Giulliani LLP. The meeting covered topics including proposed rulemaking on table saws, recent voluntary standards activity, and a pending FOIA request. Patricia Edwards, Directorate for Engineering Sciences, and other CPSC staff participated in the ASTM task group conference call regarding Gates/Enclosures. Stephanie Tsacoumis, Mary Boyle, Patricia Pollitzer, David DiMatteo (Office of the General Counsel), met with representatives of ExxonMobil: Christopher Wallace, Donna Petrone and Ann Claassen, to discuss the phthalates rulemaking. George Borlase, Office of Hazard Identification and Reduction, and other CPSC staff, participated in the U.S. Department of Health and Human Services (HHS) 2015 Healthy Aging Summit. Neal S. Cohen, Small Business Ombudsman, and members of staff, including from Office of Import Surveillance, met with Intertek in order for to demonstrate their “iComply” CPSC testing and certification system. Attending from Intertek was:& Quin Dodd, Outside Counsel for Intertek; Dr. Pratik Ichhaporia, Director of Technical Services, Intertek; Ms. Stephanie Fok, Sr. Dir., Innovation Systems and Solutions, Intertek; and Ms. Laxmi Ravikumar, Technical Specialist, Intertek. The meeting was closed to the public because of the proprietary information regarding the iComply system that was discussed. Carol Cave, Office of Import Surveillance, met with NRF International Trade Advisory Committee and the Strategic Supply Chain Council to provide an update on the CPSC Alpha Pilot and timeline for implementation with ACE. Janet Buyer, Directorate for Engineering Sciences, and Matthew Brookman, Directorate for Laboratory Sciences, participated in a teleconference meeting of the Task Group for UL 2201, Portable Engine Generator Assemblies. Scott Ayers, Directorate for Engineering Sciences, participated in an ASTM Subcommittee F15.45 task group teleconference for Candle Fire Safety. Patricia Edwards, Directorate for Engineering Sciences, and other CPSC staff participated in the ASTM task group conference call regarding Gates/Enclosures. Commissioner Joe Mohorovic met with Virginia Thompson, Vice President – Product Management, Integration Point to discuss import surveillance issues. Commissioner Joe Mohorovic attended the Advisory Committee on Commercial Operations to the U.S. Customs and Border Protection (COAC) meeting.

268

Public Outreach Date(s) 7/30/2015

7/30/2015

7/30/2015 7/30/2015

7/30/2015

7/30/2015

7/31/2015

7/31/2015

7/31/2015

8/3/2015

8/4/2015

Meetings of Substantial Interest

Meeting Summary Scott Ayers, Directorate for Engineering Sciences, participated in CANENA Technical Committee 61C teleconference on safety requirements for household refrigerators and freezers. Chairman Elliot F. Kaye and members of his staff met with representatives of The Home Depot, including Mr. Craig Menear, Chairman, CEO and President of The Home Depot. The Chairman and Mr. Menear discussed opportunities for cooperation and mutual interest matters based on a discussion of proprietary Home Depot data, including data on window coverings. Patricia Edwards, Directorate for Engineering Sciences, and other CPSC staff participated in the ASTM task group conference call regarding Gates/Enclosures. Commissioner Joe Mohorovic attended the Trade Outlook 2020 Roundtable sponsored by the University of Southern California’s Marshall Center for Global Supply Chain Management. Commissioner Joe Mohorovic attended the Border Interagency Executive Council (BIEC) Outreach Workshop hosted by the Chicago Customs Brokers and Forwarders Association. Chairman Elliot F. Kaye spoke with the National Association of Manufacturers CPSC Coalition. Attendees from CPSC was Jonathan Midgett, Senior Science and Policy Advisor to the Chairman and Chairman Elliot F. Kaye. The Chairman gave a brief introduction and then engaging in a question and answer period with the NAM attendees. Commissioner Marietta Robinson, Heather Bramble, Chief Counsel, Dottie Lee, Confidential Assistant, met with representatives from ExxonMobil: Robert Nolan, Chris Wallace, Donna Petrone, Jennifer Foreman, and Anne Claasen, Consultant, to discuss phthalates rulemaking. Commissioner Ann Marie Buerkle, Nancy Lowery, Special Assistant, Gib Mullan, Chief Counsel, and Katelyn Costello, Executive Assistant (Office of Commissioner Buerkle) met with ExxonMobil to discuss phthalate rulemaking. Representing ExxonMobil was Robert Nolan, Chris Wallace, Jennifer Foreman, Donna Petrone, and Anne Claassen. Mike Gentine, Special Assistant and Counsel to Commissioner Joe Mohorovic, met with representatives from ExxonMobil: Robert Nolan, Chris Wallace, Donna Petrone, and Jennifer Foreman; and Anne Claassen, outside consultant to ExxonMobil to discuss the phthalates rulemaking. Commissioner Joe Mohorovic met with Heidi Brown-McCreery, Chief of Staff of the Illinois Department of Commerce and Economic Opportunity, to discuss consumer safety issues. Commissioner Marietta Robinson, Heath Bramble, Chief Counsel, Boaz Green, Senior Counsel, Dottie Lee, Confidential Assistant, Joe Granzotto, Legal Intern, met with Susan Young, Executive Manager, Power Tools Institute; Jim Wilson, Partner at Webster, Chamberlain & Bean, LLP; Ed Krenik, Founding Partner at the Policy Resolution Group; John Lee, Director at the Policy Resolution Group. The Power Tools Institute (PTI) covered topics including the proposed rulemaking on table saws, their pending FOIA request and the table saw guard safety study.

269

Public Outreach Date(s) 8/4/2015

8/4/2015

8/4/2015

8/5/2015 8/11/2015

8/11/2015

8/11/2015

8/12/2015 8/12/2015

8/12/2015

8/12/2015

Meetings of Substantial Interest

Meeting Summary Commissioner Robert Adler, Jennifer Feinberg, Sarah Klein, Amanda Purcell (Office of Commissioner Adler) met with Susan Young (Power Tools Institute), Jim Wilson (Webster, Chamberlain & Bean, LLP), Ed Krenik (Policy Resolution Group), John Lee (Policy Resolution Group), to discuss proposed rulemaking on table saws, table saw guard safety study, and pending FOIA request. Commissioner Joe Mohorovic toured and met with RealTime Results representatives Tom Brockhaus, Eric Tarnow, Brandon Mueller, Ryan Cudney, and Belinda May with Dentons and Alan Schoem with Alan H. Schoem LLC, to discuss product recall issues. Office of Chairman Kaye, including Julia E. Richardson, Senior Counsel and Policy Advisor and members of staff met with Jennie Lintz, Director of Public Health and Safety, Brady Center to Prevent Gun Violence, James Pollitt: Program Associate, Brady Center to Prevent Gun Violence, and Amanda Wood, Consultant, Brady Center to Prevent Gun Violence of the Brady Center to discuss the current status of gun safes and gun locks including possible paths forward. Commissioner Joe Mohorovic spoke at the Saint Louis University John Cook School of Business Product Safety Management Certificate Course graduation. Scott Heh, Office of Hazard Identification and Reduction, attended the Society for Standards Professionals Annual Conference for a Panel Session on Conformity Assessment – Overview of CPSC’s Program for Acceptance of Third Party Testing Laboratories. Chairman Elliot Kaye, Jana Fong-Swamidoss, Chief Counsel and Chief of Staff to the Chairman, Patricia Adkins, Executive Director and other Members of the Chairman’s Staff, Special Assistant, met with the CEO and executives from Hunter Douglas to discuss confidential business information pertaining to window coverings, including costs and pricing options of its products, safety information related to its window coverings, operating systems in development and other patent pending technologies and proprietary technologies. The meeting was closed as the company showed their innovations in window cord operating systems and discussing the above-referenced confidential business information. Chairman Elliot F. Kaye, Jana Fong-Swamidoss, Chief Counsel and Chief of Staff to the Chairman, and other members of his staff met with Heather White, Executive Director of Environmental Working Group Action Fund, Thomas Cluderay, General Counsel, Alex Formuzis, VP, Strategic Campaigns, and Sonya Lunder, Senior Research Analyst, to discuss the presence of asbestos in children’s toys. Commission Meeting: Decisional Meeting, Electronic Filing of Certificates of Compliance - Pilot Program - Federal Register Notice Vince Amodeo, Directorate for Engineering Sciences, and other CPSC staff participated in a conference call with the ASTM F15.59 subcommittee for children’s chairs. The task group discussed children’s chair stability requirements. Janet Buyer, Directorate for Engineering Sciences, and Matthew Brookman, Directorate for Laboratory Sciences, participated in a teleconference meeting of a subgroup of the Task Group for UL 2201, Portable Engine Generator Assemblies. Arthur Lee and Andrew Trotta, Directorate for Engineering Sciences, participated in a web conference with the Standards Technical Panel for Seasonal Holiday Decorative Products to discuss proposed requirements to allow special 25 AWG wire in limited applications in series-connected light strings.

270

Public Outreach Date(s) 8/12/2015

8/13/2015

8/13/2015

8/13/2015

8/13/2015

8/13/2015

8/13/2015

8/13/2015

Meetings of Substantial Interest

Meeting Summary Chairman Elliot F. Kaye and members of his staff met with Dean Dennis and Adrian Butler, Chairman, World Fire Safety Foundation to discuss photoelectric and ionization smoke alarms. Commissioner Marietta Robinson, Heather Bramble, Chief Counsel, Boaz Green, Senior Counsel, Dottie Lee, Confidential Assistant, met with representatives from the Toy Industry Association:& Steve Pasierb, President and CEO, Ed Desmond, Executive Vice President, External Affairs, Autumn Moore, Manager, Standards and Regulatory Affairs, Joan Lawrence, Senior Vice President, Standards and Regulatory Affairs (tentative), as part of an introductory meeting with their new President and CEO, and to discuss TIA’s top priorities with CPSC including third party testing burdens and import surveillance and potential ways to work with TIA in the future. Commissioner Robert Adler, Chief Counsel Sarah Klein and Senior Counsel Jennifer Feinberg, met with the following representatives from the Toy Industry Association:& Steve Pasierb, President and CEO; Ed Desmond, Executive Vice President, External Affairs; Autumn Moore, Manager, Standards and Regulatory Affairs; Joan Lawrence, Senior Vice President, Standards and Regulatory Affairs (tentative) , as part of an introductory meeting with the new President and CEO to discuss TIA’s top priorities with CPSC including third party testing burdens, import surveillance and potential ways to work with TIA in the future. Commissioner Ann Marie Buerkle, Nancy Lowery, Special Assistant, and Katelyn Costello, Executive Assistant, met with representatives from the Toy Industry Association: Steve Pasierb, President and CEO, Ed Desmond, Executive Vice President, External Affairs, Autumn Moore, Manager, Standards and Regulatory Affairs, Joan Lawrence, Senior Vice President, Standards and Regulatory Affairs (tentative), as part of an introductory meeting with their new President and CEO, and to discuss TIA’s top priorities with CPSC including third party testing burdens and import surveillance and potential ways to work with TIA in the future. Chairman Elliot F. Kaye and members of his staff met with the following representatives from the Toy Industry Association: Steve Pasierb, President and CEO; Ed Desmond, Executive Vice President, External Affairs; Autumn Moore, Manager, Standards and Regulatory Affairs; Joan Lawrence, Senior Vice President, Standards and Regulatory Affairs (tentative), as part of an introductory meeting with the new President and CEO to discuss TIA’s top priorities with CPSC including third party testing burdens, import surveillance and potential ways to work with TIA in the future. Commissioner Joe Mohorovic and Special Assistants Bryce Dustman and Mike Gentine met with representatives from the Toy Industry Association: Steve Pasierb, President and CEO, Ed Desmond, Executive Vice President, External Affairs, Autumn Moore, Manager, Standards and Regulatory Affairs, Joan Lawrence, Senior Vice President, Standards and Regulatory Affairs (tentative), as part of an introductory meeting with their new President and CEO, and to discuss TIA’s top priorities with CPSC including third party testing burdens and import surveillance and potential ways to work with TIA in the future. Doug Lee, Directorate for Engineering Sciences, attended the Fire Protection Research Foundation (FPRF) project meeting to discuss FPRF project on Hazardous Voltage/Current in Marinas, Boatyards and Floating Buildings. Doug Lee, Directorate for Engineering Sciences, attended the Fire Protection Research Foundation (FPRF) Electrical Safety Research Advisory Committee meeting.

271

Public Outreach Date(s) 8/18/2015

8/18/2015

8/18/2015

8/18/2015

8/18/2015

8/19/2015

8/19/2015

8/20/2015 8/20/2015

8/24/2015

8/24/2015

8/24/2015

Meetings of Substantial Interest

Meeting Summary John Massale, Office of Laboratory Sciences, Michael Taylor, Office of Laboratory Sciences, Arthur Lee, Directorate for Engineering Sciences, met with American Home Furnishings Alliance and ASTM F15.42 Subcommittee for Furniture Safety meeting hosted by AHFA at Samson Marketing. Doug Lee and Andrew Trotta, Directorate for Engineering Sciences, met with Alan Manche and Ed Larsen, Schneider Electric, to discuss Arc Fault Circuit Interrupter testing and National Electrical Code requirements. Commissioner Joe Mohorovic’s Special Assistant Bryce Dustman met with American Home Furnishings Alliance and ASTM F15.42 Subcommittee for Furniture Safety meeting hosted by AHFA. Chairman Elliot Kaye and members of his staff met with John Rogers, Executive Director, American Fireworks Standards Laboratory and Quin Dodd, General Counsel, American Fireworks Standards Laboratory to discuss fireworks standards and areas of mutual interests. Commissioner Marietta Robinson and Boaz Green, Senior Counsel, attended the Furniture Safety Symposium in High Point, NC. Commissioner Robinson will deliver the opening remarks. Celestine Kish, Directorate for Engineering Sciences, and other CPSC staff participated in a conference call with the ASTM F15 task group regarding revisions to the voluntary standard for Infant Bathtubs. The task group discussed changes to the warnings/instructions sections of F2670-13. Commissioner Ann Marie Buerkle and Nancy Lowery, Special Assistant, met with Polaris at the Polaris Product Development Center in Wyoming. The purpose of the meeting was to see Polaris’ research and development, including new products and design as well as future products and technology. Attendees representing Polaris included: David Longren, Louis Brady, Joel Houlton, Dave Goulet, Paul Vitrano, and Ed Krenik (Bracewell & Giuliani). The meeting was closed as substantial and detailed proprietary information was discussed. Scott Ayers, Directorate for Engineering Sciences, attended a teleconference with the UL 1370 task group on requirements portable liquid and gel fireplaces. Commissioner Ann Marie Buerkle and Nancy Lowery, Special Assistant, met with Procter & Gamble in Cincinnati, OH. Attendees representing Procter & Gamble included: Shailesh Jejurikar, Rick Hackman, Len Sauers, Matt Malory, Melanie Laux, Shane Meeker, Rob Bartolo, Chris Kopulos, Sydney Ngochinkeh, and Kersi Vasunia. The meeting was closed as substantial and detailed proprietary information was discussed. Commissioner Ann Marie Buerkle and Nancy Lowery, Special Assistant, met with Walmart in Bentonville, AR. Attendees representing Walmart included: Beth Schommer, Peggy Fowler, Joe Bussell, Thomas Head, Cara Rose, Mallory McCormick, Don Wiseman, Barry Baxter, and Jane Marlow. The meeting was closed as substantial and detailed proprietary information was discussed. Commissioner Ann Marie Buerkle spoke at Walmart Headquarters in Bentonville, Arkansas to provide an update on CPSC activities. Nancy Lowery, Special Assistant, also attended. Chairman Elliot F. Kaye and members of his staff met with Kimberly Archie, Executive Director, National Cheer Safety Foundation, Debra Pyka, and Karen Ziegler to discuss current safety of helmets and Chronic Traumatic Encephalopathy, particularly for youth sports.

272

Public Outreach Date(s) 8/25/2015

8/25/2015

8/25/2015

8/25/2015

8/27/2015

8/27/2015

8/27/2015 8/27/2015

8/27/2015

8/28/2015 8/31/2015

9/1/2015

Meetings of Substantial Interest

Meeting Summary Demar Granados and Jason Ng, Office of Compliance and Field Operations, met with The National Fire Protection Association’s Technical Committee on Pyrotechnics to discuss NFPA Code 1124 Storage, and Retail Sales of Fireworks and Pyrotechnic Articles. Commissioner Robert Adler; Chief Counsel Sarah Klein; Senior Counsel Jennifer Feinberg; Deputy Executive Director for Safety Operations Robert Howell; Special Assistant to the Executive Will Cusey, met with Rick Rosati (Bureau Veritas), Chuck Rogers (Bureau Veritas) to discuss Bureau Veritas’ protocol for auditing reasonable testing program. A representative of Bureau Veritas discussed confidential and proprietary audit protocols in detail, therefore, the meeting was closed to the public. Heather Bramble, Chief Counsel, Boaz Green, Senior Counsel, Dottie Lee, Confidential Assistant (Office of Commissioner Marietta Robinson), met with Rick Rosati, Bureau Veritas, Chuck Rogers, Bureau Veritas to discuss the Reasonable Testing Program. Bureau Veritas discussed confidential and proprietary audit protocols sin detail, and therefore, the meeting was closed to the public. Commissioner Joe Mohorovic and Special Assistant and Counsel Mike Gentine met with Chuck Rogers, Bureau Veritas, to discuss a confidential business product. The meeting was closed to the public because of the proprietary information that was discussed. Janet Buyer, Directorate for Engineering Sciences, and Matthew Brookman, Directorate for Laboratory Sciences, participated in a teleconference meeting of a subgroup of the Task Group for UL 2201, Portable Engine Generator Assemblies. Vince Amodeo, Directorate for Engineering Sciences, and other CPSC staff participated in a conference call with the ASTM F15.59 subcommittee for children’s chairs. The task group discussed children’s chair stability requirements. Patricia Edwards, Directorate for Engineering Sciences, and other CPSC staff participated in the ASTM task group conference call regarding Infant Floor Seats. Dr. Suad Wanna-Nakamura, Directorate for Health Sciences, other EXHR staff participated in a teleconference call with the ASTM F15 subcommittee on Infant Floor Seat Task Group. Commissioner Ann Marie Buerkle and staff met with Adam Luecking, Results Leadership Group, LLC, CEO. The purpose of the meeting was for Results Leadership Group to demonstrate their Results Scorecard software and how its capabilities could support CPSC. John Massale, Directorate for Laboratory Sciences, met with the Infant Bedding Subcommittee of ASTM F15.19 hosted by ASTM via phone. Sarah Newens, Directorate for Engineering Sciences, and other CPSC staff participated a meeting with the ASTM F15.71 subcommittee regarding the development of the voluntary standard for Liquid Laundry Packets. Doug Lee, Cheryl Scorpio, Ph.D., and Margaret Meadors, Office of Hazard Identification and Reduction met with Jonathan Stewart, Government Relations Manager, National Electrical Manufacturers Association (NEMA)and members of the NEMA Dry Battery Section to discuss packaging, pictograms and warning labels for lithium coin cell batteries.

273

Public Outreach Date(s) 9/1/2015

9/2/2015

9/7/2015, 9/10/2015, 9/15/2015

9/8/2015 9/9/2015 9/10/2015

9/11/2015

9/11/2015

9/11/2015

Meetings of Substantial Interest

Meeting Summary Chairman Elliot F. Kaye, Jonathan Midgett, Senior Science and Policy Advisor to the Chairman, Office of the Chairman and Jacqueline Campbell, Senior Textile Technologist on detail to the Chairman met with Jonathan Stewart, Government Relations Manager, National Electrical Manufacturers Association (NEMA) and members of the NEMA Dry Battery Section to discuss lithium coin cell batteries and other areas of mutual interest. Tim Smith, Division of Human Factors, Directorate for Engineering Sciences, and Dr. Suad Wanna-Nakamura, Directorate for Health Sciences, participated (remotely, via phone) in a meeting of the ASTM Ad Hoc Wording Task Group to discuss new business related to the wording of sections that are common to multiple ASTM standards. CPSC staff and staff of the European Commission conducted free product safety training for buyers and sourcing professionals dealing in electrical/electronic products, apparel, and toys from China, including Hong Kong. The three training events were hosted by local American Chambers of Commerce on September 7 (Hong Kong), September 10 (Shenzhen), and September 15 (Shanghai). Target groups for this training were resident-in-China buyers and sourcing professionals who purchase consumer products for major importers located in the United States and European Union. Many were direct employees of U.S. or EU companies. Other potential attendees were from specialized firms that handle purchasing for large global retailers, as well as from small and medium sized trading companies active in the consumer product export business. Patricia Edwards, Directorate for Engineering Sciences, and other CPSC staff participated in the ASTM task group conference call regarding bassinet stability. Commissioner Joe Mohorovic met with representatives from Learning Resources: Rick Woldenberg, CEO; Larry Lynn, VP of Operations; and Brian Schmidt. Commissioner Ann Marie Buerkle and Nancy Lowery, Special Assistant, met and toured various furniture manufacturers in North Carolina. The following visits were scheduled: Valdese Weavers (Carson Copland & Terry Fannon), HSM (Victor Williams, Randy Robinson, & Daniel Williams), Hickory Chair (Chris Carraway & Laura Holland). Don Coleman and Joe Ziolkowski from UFAC also attended the meetings. Janet Buyer, Directorate for Engineering Sciences, and Matthew Brookman, Directorate for Laboratory Sciences, met with Sarah Somorai, Ed Cohen, Robert Bienenfeld and others of American Honda Motor Co., Inc. to discuss proprietary information related to various research activities that Honda has engaged in related to carbon monoxide and portable generators. The Office of Chairman Kaye and members of staff met with Sarah Somorai, Ed Cohen, Robert Bienenfeld and others of American Honda Motor Co., Inc. to discuss proprietary information related to various research activities that Honda has engaged in related to carbon monoxide and portable generators. The meeting was closed due to a discussion of proprietary data that was confidential commercial information. Commissioner Ann Marie Buerkle and Nancy Lowery, Special Assistant, met and toured various furniture manufacturers in North Carolina. The following visits were scheduled: C.R. Laine (Warren Fry), Vanguard (John Bray), Klaussner (Mike Harrelson). Don Coleman and Joe Ziolkowski from UFAC will also attend the meetings.

274

Public Outreach Date(s) 9/15/2015

9/15/2015

9/16/2015

9/17/2015 9/17/2015

9/17/2015

9/18/2015

9/18/2015 9/18/2015 9/18/2015

9/19/2015

9/19/2015 9/21/2015

Meetings of Substantial Interest

Meeting Summary Celestine Kish, Directorate for Engineering Sciences, and other CPSC staff participated in a conference call with the ASTM F15 task group regarding creation of a new voluntary standard for Bathers. Chairman Elliot F. Kaye and members of his office met with Kevin Sauder, Chairman, American Home Furnishings Alliance, Andy Counts, CEO, American Home Furnishings Alliance, and Bill Perdue, VP Regulatory Affairs, American Home Furnishings Alliance to discuss furniture tip over, as well as other areas of mutual interest, such as the Chairman’s Challenge and the Joint Industry Furniture Safety Summit that occurred last month. Carol Cave and Jim Joholske, Office of Import Surveillance, met with Border Interagency Executive Council (BIEC) External Engagement Committee stakeholders and interested trade parties to discuss CBP’s pilot with CPSC to test implementation of the PGA Message Set for CPSC enforcement targeting data filing at entry. Carol Cave and the eFiling Alpha Pilot team provided an update on the e-filing project to the BIEC stakeholders and interested trade partners. Commissioner Joe Mohorovic met with Cass Sunstein, Robert Walmsley University Professor at Harvard University, to discuss regulatory review. Commissioner Joe Mohorovic met and toured Adidas/Reebok with Evan Locke, Keith Wexelblatt, Gary Rabinovitz, and Kim Furtado all with the Adidas Group regarding product safety issues. Commissioner Marietta Robinson, Heather Bramble, Chief Counsel, Boaz Green, Senior Counsel, Dottie Lee, Confidential Assistant, met with Don Mays to discuss furniture tip overs. Sarah Newens, Directorate for Engineering Sciences, and other CPSC staff participated a teleconference with the ASTM F15.71 subcommittee regarding the F3159-15 Liquid Laundry Packets voluntary standard. The subcommittee discussed the creation of a new steering committee to future address any laundry packet concerns. Shaina Donahue, Directorate for Engineering Sciences, participated in a conference call with the ASTM F15 subcommittee on Changing Tables. Commissioner Joe Mohorovic met with Talbots representatives including Mara Calme, Jorge Zeledon, Stephanie Capuano, Vickie Costa, and Christine Lanoue. Commissioner Joe Mohorovic met with Bob Monahan, Lauren Monahan, and Lisa LeBlanc, all with Monahan Products, LLC to discuss CPSC processes and recall effectiveness. Commissioner Joe Mohorovic participated in USLAW Network Conference panel discussing the interplay between CPSC and the consumer product companies it regulates with: William Gross, Executive Vice President, General Counsel and Corporate Secretary, EvenFlo Company; Michael McGowan, SmithAmundsen LLC; Cheryl Possenti, Goldberg Segalla LLP; Sam Reynolds Jr., Counsel – Litigation, U.S. Steel Corporation; and John Rupp, Senior Associate General Counsel, Textron Inc. Commissioner Joe Mohorovic spoke at USLAW Network Conference. Celestine Kish, Directorate for Engineering Sciences, and other CPSC staff participated in a conference call with the ASTM F15 task group regarding creation of a new voluntary standard for Bathers. The task group provided suggested draft revision statements and review rough draft language.

275

Public Outreach Date(s) 9/21/2015

9/21/2015

9/22/2015

9/22/2015

9/23/20159/24/2015 9/23/2015 9/24/2015

9/24/2015 9/24/2015 9/24/2015 9/25/2015

9/25/2015

9/28/2015

9/29/2015

9/29/2015

Meetings of Substantial Interest

Meeting Summary Sharon White, Directorate for Engineering Sciences (Human Factors), participated in a conference call with the ASTM F15 subcommittee on children’s chairs labeling requirements. Sarah Newens, Directorate for Engineering Sciences, and Joanna Matheson, Directorate for Health Sciences, participated in a teleconference with the ASTM F15.71 subcommittee regarding the F3159-15 Liquid Laundry Packets voluntary standard. The subcommittee task group discussed data monitoring. Vince Amodeo, Directorate for Engineering Sciences, and other CPSC staff participated in a conference call with the ASTM F15.59 subcommittee for children’s chairs. The task group discussed children’s chair stability requirements. Celestine Kish, Directorate for Engineering Sciences, and other CPSC staff participated in a conference call with the ASTM F15 task group regarding Infant Inclined Sleep Products. The task group reviewed the warning labels. Scott Ayers, Directorate for Engineering Sciences, participated in the ASTM F15.45 meetings on candle visible emissions and candle fire safety in Columbus, OH. Janet Buyer, Directorate for Engineering Sciences, met with Mark Carpenter, owner of GenTent Safety Canopies, LLC. Commissioner Joe Mohorovic and Special Assistant Bryce Dustman met with Mark Carpenter, Owner of GenTent Safety Canopies, LLC, regarding a portable generator safety product. Commissioner Robert Adler and staff met with Mark Carpenter, owner of GenTent Safety Canopies, LLC to discuss a portable generator safety product. Commissioner Ann Marie Buerkle and staff met with Mark Carpenter, Owner of GenTent Safety Canopies, LLC, regarding a portable generator safety product. The Office of Chairman Kaye and members of staff met with Mark Carpenter, Owner of GenTent Safety Canopies, LLC, regarding a portable generator safety product. Janet Buyer, Directorate for Engineering Sciences, and Matthew Brookman, Directorate for Laboratory Sciences, participated in a teleconference meeting of a subgroup of the Task Group for UL 2201, Portable Engine Generator Assemblies. Stefanie Marques, Directorate for Health Sciences, Tim Smith, Directorate for Engineering Sciences (Human Factors) and other Office of Hazard Identification and Reduction staff, participated in an ASTM working group teleconference to discuss voluntary standards requirements for highchairs. Chairman Elliot F. Kaye met with Paul Misener, VP Global Public Policy, Carletta Ooton, VP Health, Safety, Sustainability and Compliance of Amazon.com, Inc. to discuss information related to the sale of window coverings and other mutual interest matters. The meeting was closed due to a discussion of proprietary data and businesssensitive confidential information. Marc J. Schoem, Deputy Director, Office of Compliance and Field Operations attended and participated in the Promotional Products Association International (PPAI) Product Responsibility Summit. Commissioner Joe Mohorovic met and toured Fisher-Price with Kitty Pilarz, Sarah Craig, Amber Pietrobono, Tim Snyder, Dennis Wesolowski, Deb Weber, Robert Tom, Gary Cocchiarella, Steve Sucher, Stephane Hyvert and Jim Krisman, all with FisherPrice, regarding product safety issues.

276

Public Outreach Date(s) 9/29/2015

9/29/2015

9/29/2015 9/29/2015

9/29/2015

9/29/2015

9/30/2015

9/30/2015 9/30/2015 9/30/2015

9/30/2015

Meetings of Substantial Interest

Meeting Summary Commissioner Marietta Robinson, Heather Bramble, Chief Counsel, Boaz Green, Senior Counsel, Dottie Lee, Confidential Assistant, met with representatives from the Baby Carrier Industry Alliance: Linnea Catalan, Executive Director of BCIA; Joanna McNeilly, owner, Metro Mini and Director of Educational Programs for BCIA; Mary Martha McNamara, Counsel, as part of an introductory meeting and to discuss BCIA’s support for a joint educational information program to accompany the pending safety standard for slings. Commissioner Ann Marie Buerkle and staff met with representatives of the Baby Carrier Industry Alliance (BCIA). Attending from BCIA was: Linnea Catalan, Executive Director, Joanna McNeilly, Owner of Metro Mini and Director of Educational Programs for BCIA, and Mary Martha McNamara, McNamara & L’Heureux. The purpose of the meeting was for BCIA to introduce the association and its industry; and to discuss the need for a joint educational program to accompany the pending mandatory safety standard for slings. Commissioner Ann Marie Buerkle spoke at the 2015 PPAI Product Responsibility Summit. Special Assistant Bryce Dustman and Special Assistant and Counsel Mike Gentine met with representatives of the Baby Carrier Industry Alliance (BCIA) including Linnea Catalan, BCIA Executive Director, Joanna McNeilly, Metro Mini owner, and Mary Martha McNamara, McNamara and L’Heureux, PC, to discuss the need for a joint educational information program to accompany the pending mandatory safety standard for baby slings. Commissioner Robert Adler and staff met with Baby Carrier Industry Alliance (BCIA) representatives Linnea Catalan, Executive Director; Joanna McNeilly, owner of Metro Mini and Director of Educational Programs for BCIA and Mary Martha McNamara, Counsel, to discuss the need for a joint educational information program to accompany the pending the mandatory safety standard for slings. The Office of Chairman Elliot F. Kaye and staff met with Baby Carrier Industry Alliance (BCIA) representatives Linnea Catalan, Executive Director; Joanna McNeilly, owner of Metro Mini and Director of Educational Programs for BCIA and Mary Martha McNamara, Counsel, to discuss the pending the mandatory safety standard for slings as well as other areas of mutual interest. Celestine Kish, Directorate for Engineering Sciences, and other CPSC staff participated in a conference call with the ASTM F15 task group regarding creation of a new voluntary standard for Bathers. The task group planned to finalize language for submission at an upcoming meeting. Commissioner Joe Mohorovic spoke at Society of Product Licensors Committed to Excellence Licensors Workshop. Patricia Edwards, Directorate for Engineering Sciences, and other CPSC staff participated in the ASTM task group conference call regarding in-bed sleepers. Commissioner Joe Mohorovic toured and met at Bureau Veritas with representatives Rick Rosati, Lisa Bate, Paolo Chiappina, Jamie Appler, Mary Smith, Dan Rydelek, Jonathan Byrne, Kelley Nuzillat, Tim Mattulke, Travis Norton, and Matt Howsare of Mintz Levin for a “One Source” demonstration and to review new techniques and technology used in consumer product testing. Proprietary information was discussed during the tour and meeting. Chairman Elliot F. Kaye gave remarks and participated in a question and answer segment at the 2015 PPAI Product Responsibility Summit.

277

Intergovernmental Coordination

INTERGOVERNMENTAL COORDINATION The Commission works with many agencies over the course of a year. This section describes the significant coordination the CPSC has had with other governmental organizations. Specifically, this section provides information on: (1) a major state-supported safety initiative for the Virginia Graeme Baker Pool and Spa Safety Act and Recall Effectiveness Check Program; (2) the Commission’s efforts coordinating with state and local programs; and (3) significant communication with other governmental agencies and offices, including any notification under section 218 of the CPSIA. 9 In 2015, no state or local official filed a written notice to the Commission under section 218 of the CPSIA.

1) Major State-Supported Safety Initiatives Virginia Graeme Baker Pool and Spa Safety Act (“VGBA”): The VGBA affects public pools and spas nationwide, and the Commission’s enforcement of the Act requires the cooperation of state and local agencies. In 2015, states worked cooperatively with the CPSC to conduct inspections of pool sites to verify compliance with the Act. Recall Effectiveness Check Program: The Consumer Product Safety Improvement Act of 2008 (CPSIA), PL 110-314, amended Section 19 of the Consumer Product Safety Act (CPSA). It is a prohibited act to sell or offer for sale a product that has been subject to a corrective action. In 2015, state and local officials conducted inspections of distributors and retailers to determine compliance with the corrective action plan.

2) State and Local Programs Section 29(a) of the Consumer Product Safety Act requires that the Commission establish a program to promote federal-state cooperation for the purpose of carrying out the Act. The goal of the program is to reduce consumer product related deaths and injuries by leveraging CPSC resources through cost-effective cooperation with state and local governments. In 2015, activities included the following: • • • • • •

Assigning compliance and enforcement activities to the states. The table below provides the number of CPSC assignments to state officials made during the year; Supporting states through technical assistance and participation in conferences; Monitoring industry’s compliance with CPSC mandatory laws; Engaging in outreach and dissemination of information through multiple venues, such as journal, print, electronic media, and presentations sharing product safety research; Hosted the 2015 State Designee meeting, training by field staff, and conference calls for State Designees. Working to meet or exceed annual performance goals. In 2015, states conducted product safety activities and inspections in cooperation with state and local governments. States

9

[Section 218 of the CPSIA amends the CPSA, Prohibited Acts, allowing] the attorney general of a state, or other authorized state officer, alleging a [specified] violation … of the Act, … on behalf of the residents of the state, … to obtain appropriate injunctive relief. [The Act requires] a state [to] provide written notice to the Commission [prior] to initiate[ing] civil action by filing a complaint, … at least 30 days before [unless] … immediate action is necessary. The Commission may intervene in such civil action.

2015 REPORT TO THE PRESIDENT AND CONGRESS

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Intergovernmental Coordination completed 100 percent of recall effectiveness checks within 90 or fewer days after assignment.

Distribution of CPSC Assignments To State Officials Completed in 2015 Type of Assignments State Inspections State Recall Checks Total

No. of Assignments 1,244 591 1,835

3) Significant Communication with Other Governmental Agencies and Offices The Commission receives many requests for information and requests for coordination and notification of action relating to its jurisdiction. This correspondence is tracked through the Office of the Secretary. The list below presents the most substantial communications, including any/all notifications under section 218 of the CPSIA.

Significant Communication, Including Notification of Action Required Under Section 218 Organization

City, State

Significant Communication

U.S. Department of Labor, Occupational Safety and Health Administration (“OSHA”) U.S. Department of Labor, OSHA NYC Department of Consumer Affairs U.S. Department of Labor

Chicago, IL

Complaint of Retaliation; Apogee International et al.

Chicago, IL

Complaint of Retaliation; Walgreens/Abayomi

New York, NY

U.S. Department of Labor

Chicago, IL

National Institutes of Health House of Minority Leadership Homeland Security

Bethesda, MD

Complaint of Toxic Chemicals; health threat of children and infants Complaint of Retaliation; Reeves International/Doyle/2-2585-15-068 Complaint of Discrimination; United Health Group, Inc. Notice of Proposed Rulemaking – Clinical Trials.gov

New York, NY

Topeka, KS Washington, DC

Comment – Support of Toxic Chemical Flame Retardant Petition Binding Operational Directive: Critical Vulnerability Mitigation Requirement for Federal Civilian Executive Branch Departments’ and Agencies’ Internet-Accessible Systems

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Intergovernmental Coordination

4) International Training Activity As part of a strategy for addressing the growing complexity and risk entailed within additional global sources of production, the CPSC’s Office of International Programs works to prevent hazardous and noncompliant consumer products from being exported to the United States through outreach and training abroad. The CPSC works with U.S. trading partners at the outset of the manufacturing process to increase their ability to produce products that comply with U.S. safety requirements. The agency also trains buyers and sourcing professionals who procure for U.S. importers. Outreach activities also include training foreign regulators on best practices to help them eliminate unsafe products from their jurisdictions, thus reducing the chances those products will find their way to the United States. The list below is a summary of international training activities completed in 2015. 2015 International Training / Briefings Activities Summary Number of trainings / briefings conducted for foreign groups / 62 audiences Number of trainings / briefings for industry abroad 29 Number of trainings / briefings for foreign government entities 33 Number of private sector representatives trained / briefed 2,313 Number of government officials trained / briefed 409 Number of people trained / briefed 2,722 Number of different foreign jurisdictions trained / briefed 27 Number of trainings / briefings conducted abroad 56 (13 different locations) Number of trainings / briefings held offsite in Washington, D.C. 0 Number of trainings / briefings held offsite in the United States 0

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U.S. CONSUMER PRODUCT SAFETY COMMISSION BETHESDA, MD 20814