[Federal Register: December 22, 2009 (Volume 74, Number 244)]
[Notices]
[Page 68053-68056]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22de09-33]
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CONSUMER PRODUCT SAFETY COMMISSION
Establishment of a Public Consumer Product Safety Incident
Database: Notice of Public Workshop
AGENCY: Consumer Product Safety Commission.
ACTION: Notice of public workshop.
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SUMMARY: The Consumer Product Safety Commission (``Commission'' or
``CPSC'') is announcing a two day staff-conducted public workshop to
receive views from all interested parties on establishing a public
consumer product safety incident database. The workshop, to be held on
January 11 and 12, 2010 in Bethesda, Maryland, seeks input from
stakeholders on five aspects of the public database: Data analysis and
reporting; reports of harm; manufacturer notification and response;
additional database content, and materially inaccurate information.
Participation by members of the public is invited.
DATES: The workshop will be held from 9 a.m. to 4 p.m. on January 11
and 12, 2010, with a one hour break for lunch. Requests to make oral
presentations and the written text of any oral presentation must be
received by the Office of the Secretary not later than 5 p.m. Eastern
Standard time (EST) on January 4, 2010.
[[Page 68054]]
Written comments must be received by the Office of the Secretary not
later than 5 p.m. Eastern Standard time (EST) on January 29, 2010.
ADDRESSES: The public workshop will be held at CPSC's headquarters,
Bethesda Towers Building, 4330 East West Highway, Bethesda, Maryland
20814, in the 4th Floor Hearing Room. Persons interested in attending
the workshop should register online at ``www.cpsc.gov/
meetingsignup.html.'' The CPSC web link also has more information about
the workshop, and interested persons can request to make oral
presentations online. Requests to make oral presentations also can be
made by sending an electronic mail (e-mail), calling, or writing to
Todd A. Stevenson, Office of the Secretary, Consumer Product Safety
Commission, 4330 East West Highway, Bethesda, Maryland 20814; e-mail
cpsc-os@cpsc.gov; telephone (301) 504-7923; facsimile (301) 504-0127
not later than 5 p.m. EST on January 4, 2010. Written comments and
texts of oral presentations should be captioned ``Public Workshop on
Consumer Product Incident Database'' and further captioned by one of
the five workshop topics available: ``Data Analysis and Reporting;''
``Reports of Harm;'' ``Manufacturer Notification and Response;''
``Additional Database Content;'' and ``Materially Inaccurate
Information.'' Written comments and the texts of oral presentations
should be sent by e-mail to cpsc-os@cpsc.gov, or mailed or delivered to
the Office of the Secretary, Consumer Product Safety Commission, 4330
East West Highway, Bethesda, Maryland 20814. Oral presentations must be
received not later than 5 p.m. EST on January 4, 2010, and written
comments must be received not later than 5 p.m. EST on January 29,
2010. The CPSC may impose time limitations on all presentations and
further restrictions to avoid duplication of presentations.
FOR FURTHER INFORMATION CONTACT: Ming Zhu, Office of Information &
Technology Services, Consumer Product Safety Commission, 4330 East West
Highway, Bethesda, MD 20814; mzhu@cpsc.gov; telephone (301) 504-7517.
SUPPLEMENTARY INFORMATION: Section 212 of the Consumer Product Safety
Improvement Act of 2008 (``CPSIA'') (Pub. Law 110-314) amended the
Consumer Product Safety Act (``CPSA'') to create a new section 6A of
the CPSA, titled ``Publicly Available Consumer Product Safety
Information Database.'' Section 6A(a)(1) of the CPSA states that the
Commission shall ``establish and maintain a database on the safety of
consumer products, and other products or substances regulated by the
Commission * * *'' The statute declares that the database must be
publicly available, searchable, and accessible through the Commission's
Web site.
Contents of the Public Database
The public database must contain: (i) Reports of harm, meaning
reports of injury, illness, or death, or reports of any risk of injury,
illness or death as determined by the Commission, relating to the use
of consumer products or other products or substances regulated by the
Commission; (ii) information derived by the Commission from voluntary
and mandatory recall notices; and (iii) comments that a manufacturer or
private labeler of a consumer product wants to include about a report
of harm involving its product. Section 6A(b)(1) of the CPSA. In
addition, section 6A(b)(3) of the CPSA requires the Commission to
include in the database, consistent with the requirements of section
6(a) and (b) of the CPSA, any additional information it determines to
be in the public interest.
Reports of Harm
Section 6A(b)(1)(A) of the CPSA requires the public database to
include reports of harm received by the Commission from: (i) Consumers;
(ii) local, State, or Federal government agencies; (iii) health care
professionals; (iv) child service providers; and (v) public safety
entities. Reports of harm submitted for inclusion in the public
database must include, at a minimum: (i) A description of the consumer
product (or other product or substance regulated by the Commission)
concerned; (ii) identification of the manufacturer or private labeler
of the consumer product (or other product or substance regulated by the
Commission); (iii) a description of the harm relating to the use of the
consumer product (or other product or substance regulated by the
Commission); (iv) contact information for the person submitting the
report; and (v) a verification by the person submitting the information
that the information submitted is true and accurate to the best of the
person's knowledge and that the person consents that such information
be included in the database. Section 6A(b)(2)(B) of the CPSA.
Although contact information for the person submitting a report of
harm is required in order for the report to be included in the
database, section 6A(b)(6) of the CPSA provides that the Commission,
under this section, may not disclose the name, address, or other
contact information of any individual or entity that submits a report
of harm. However, the Commission may provide such contact information
to the manufacturer or private labeler of the product with the express
written consent of the person who submitted the report of harm.
Consumer information provided to a manufacturer or private labeler
under this section may not be used or disseminated to any other party
for any purpose other than verifying a report of harm.
Unless the Commission determines that a report of harm or
manufacturer comment submitted for inclusion in the database contains
materially inaccurate information, all such reports of harm and
comments that meet the criteria set forth in the statute must be
included in the public database not later than the tenth business day
after the date on which the report of harm was transmitted to the
manufacturer or private labeler. Section 6A(c)(3)(A) of the CPSA.
Section 6(a) and (b) of the CPSA do not apply to the disclosure of
reports of harm in the public database. Section 6A(f)(1) of the CPSA.
Manufacturer Notification and Response
To the extent practicable, the Commission must transmit a report of
harm to the manufacturer or private labeler identified in the report
not later than 5 business days after receiving a report that meets all
of the minimum qualifications for inclusion in the public database set
forth in section 6A(b)(2)(B). Section 6A(c)(1) of the CPSA. A
manufacturer or private labeler may comment on the information
contained in such report, and may request the comment to be included in
the public database. Section 6A(c)(2)(A)-(B) of the CPSA. Unless the
Commission determines the comment to be materially inaccurate, the
Commission must include the comment in the public database at the same
time as the report of harm or as soon as practicable thereafter.
Section 6A(c)(3)(B) of the CPSA.
Moreover, a manufacturer or private labeler may review a report of
harm for confidential information and request that portions of the
report be designated confidential. If the Commission determines that
the report does contain trade secret, commercial or confidential
information as set forth in the statute, the Commission must redact
such information in the report before it is placed in the database.
Section 6A(c)(2)(C)(i)-(ii) of the CPSA. If, however, the Commission
determines that the designated information is not
[[Page 68055]]
confidential, the Commission must notify the manufacturer or private
labeler and include the information in the public database. A
manufacturer or private labeler must bring suit against the agency in
an appropriate U.S. district court in order to seek removal of the
information. Section 6A(c)(2)(C)(iii) of the CPSA.
Materially Inaccurate Information/Disclaimer
If the Commission determines that a report of harm or manufacturer
comment contains materially inaccurate information before it is made
available in the public database, the Commission, under section
6A(c)(4)(A) of the CPSA, must: (i) Decline to add the materially
inaccurate information; (ii) correct the materially inaccurate
information; or (iii) add information to correct the materially
inaccurate information. For information already available in the public
database, if, after investigation, the Commission determines that such
information is materially inaccurate or duplicative, the Commission
must, within seven business days of such determination: (i) Remove such
information from the public database; (ii) correct such information; or
(iii) add information to correct inaccurate information in the public
database. Section 6A(c)(4)(B) of the CPSA.
Database users must be provided with clear and conspicuous notice
that the Commission does not guarantee the accuracy, completeness, or
adequacy of the database contents. Section 6A(b)(5) of the CPSA.
Data Analysis and Reporting
Under section 6A(b)(4) of the CPSA, the CPSC must categorize
information available in the public database in a manner consistent
with the public interest and in a manner to facilitate easy use by
consumers. To the extent practicable, the database must be sortable and
accessible by: (i) The date on which the information is submitted for
inclusion in the database; (ii) the name of the consumer product (or
other product or substance regulated by the Commission); (iii) the
model name; (iv) the manufacturer's or private labeler's name; and (v)
such other elements as the Commission considers in the public interest.
CPSC Workshop Details
The CPSC will hold the workshop on January 11 and 12, 2010,
focusing on five aspects of the public database: data analysis and
reporting; reports of harm; manufacturer notification and response;
additional database content; and dealing with materially inaccurate
information.
Monday, January 11, 2010
Workshop 1--Data Analysis and Reporting 9 a.m.-12 p.m.
The CPSC staff invites discussion and comment on data analysis and
reporting from the public database, including comments on the following
topics:
Should the CPSC design the online incident reporting form
to ensure the capture of data that can be used in scientific
statistical analysis? If so, how?
What can the CPSC do, from a system design perspective, to
ensure the accuracy of submitted data?
What can the CPSC do, from a system design perspective, to
ensure the ongoing and perpetual integrity of submitted data?
In what formats should the CPSC make data available to the
public? Please explain your reasoning.
What types of data analysis and reporting tools are being
used by third-party analysts in the public and industry? What are these
tools' relative merits and drawbacks?
What data sets, including information from reports of harm
and mandatory and voluntary recall notices, should be made available
for public search and reporting? Why?
Workshop 2--Reports of Harm (Incident Report Form) 1 p.m.-4 p.m.
The CPSC staff invites discussion and comment on issues related to
reports of harm, including comment on the following topics:
How should the CPSC design the incident report form so
that it is clear and easy for users to complete?
From a design perspective, how should the CPSC deal with
incomplete reports of harm?
Should the incident report form check for inaccurate
information? How?
What, if any, instruction to users should be included on
the incident reporting form?
Should the incident report form contain links to outside
websites? Please explain your reasoning.
What, if any, disclaimers or qualifications should appear
on the incident report form?
Should any category of persons be excluded from submitting
reports of harm for inclusion in the public database, and, if so, by
what means?
Should reports of harm submitted by telephone or paper
meet the same statutory time frames for submission in the public
database?
What should a description of the consumer product entail
and why?
What means can the CPSC employ to ensure that the correct
manufacturer and/or private labeler are identified in a report of harm?
What contact information must be provided, at minimum, to
meet the statutory requirement for inclusion in the database?
How should the incident report form address the
submitter's verification of the information submitted?
How should the incident report form address the
submitter's consent for: (i) inclusion in the public database; and (ii)
release of contact information to the manufacturer or private labeler?
Are there any other issues related to the user's consent that the CPSC
should consider?
Tuesday, January 12, 2010
Workshop 3--Manufacturer Notification and Response 9 a.m.-12 p.m.
The CPSC staff invites discussion and comment on manufacturer
notification and response with regard to reports of harm, including
comment on the following topics:
What means should the CPSC employ to notify manufacturers
and private labelers regarding a report of harm within the five day
statutory time frame?
Given the statutory timeframe for notification, should
manufacturers and private labelers be able to ``register'' contact
information with the Commission for the purposes of notification of a
report of harm? Please explain your reasoning. What form of contact
information should be acceptable, i.e., electronic mail only? What
other issues should the CPSC consider?
What, if any, authority does the CPSC have to withhold a
report of harm from the public database if a manufacturer or private
labeler claims the report contains materially inaccurate or
confidential information?
What means should the CPSC employ to allow manufacturers
and private labelers to submit comments regarding a report of harm or
to designate confidential information? What issues should the CPSC take
into consideration when developing such process?
If a manufacturer or private labeler requests that a
comment associated with the report of harm be made available in the
public database, what, if any, circumstances should prevent such
comment from inclusion in the public database?
What, if any, circumstances may arise which restart any
timeframes contemplated in the statute with regard to manufacturer
notification and responses?
How can the CPSC ensure that manufacturers and/or private
labelers
[[Page 68056]]
do not use a submitter's contact information for purposes other than
verification of a report of harm? By what means can the CPSC enforce
such provision?
Workshop 4--Additional Database Content 1 p.m.-2:20 p.m.
The CPSC staff invites discussion and comment on what additional
information, other than reports of harm, manufacturer comments, and
information derived from mandatory and voluntary recall notices, the
Commission should include in the public database, including comment on
the following topics:
What additional categories of information should the CPSC
include in the public database and why?
What, if any, information cannot be included in the public
database pursuant to the statute and why?
Under what circumstances are the provisions of section
6(a) and (b) of the CPSA relevant to the provisions of section 6A of
the CPSA, especially with regard to additional categories of
information that may be included in the public database?
Workshop 5--Materially Inaccurate Information 2:30 p.m.-4 p.m.
The CPSC staff invites discussion and comment on dealing with
materially inaccurate information contained in reports of harm and
manufacturer comments, including comment on the following topics:
Is the CPSC's responsibility with regard to materially
inaccurate information limited to reports of harm and manufacturer
comments? Why or why not?
What, if any, measures should the CPSC employ to prevent
the submission of fraudulent reports of harm while not discouraging the
submission of valid reports?
What types of information constitute materially inaccurate
information? Please explain your reasoning.
How should the CPSC process a claim that a report of harm
or a manufacturer comment contains materially inaccurate information,
both before and after such information has been made available in the
public database?
How should the CPSC allow a submitter or others to claim
that a manufacturer has submitted materially false information?
Given the statutory timeframe, how should the CPSC review
claims of materially inaccurate information?
What specific disclaimers should the CPSC make with regard
to the accuracy of the information contained in the public database and
why? Where should such disclaimers appear and why?
Please refer to the Dates and Addresses sections above for more
information on relevant dates and times, how to register to attend the
workshop, how to submit written comments, and how to request to make an
oral presentation at the workshop. The Commission staff may hold
additional public workshops in the coming months to follow up on issues
discussed at the January 11 and 12, 2010 workshop and to solicit input
on additional aspects of the publicly searchable database from
stakeholders.
Dated: December 16, 2009.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. E9-30376 Filed 12-21-09; 8:45 am]
BILLING CODE 6355-01-P