CPSC Moves on Greater Role on Voluntary Standards Committees

CPSC would pursue expanded participation – voting and leadership – on voluntary standards panels under a draft notice of proposed rulemaking (NPR) that was slated as PSL went to press for a vote on publication in the Federal Register. The proposal is the result of the agency’s review of its voluntary standards role in response to a 2012 Government Accountability Office (GAO) recommendation that it do so (PSL, 5/28/12, p. 1). The NPR would reverse the prohibitions at 16 CFR 1031.

The expanded roles, under the potential rule, would be optional and subject to approval by the Office of the Executive Director including assessment of whether they fit agency needs and priorities. If staff were to take such positions, they would need to make it clear that their statements and votes did not necessarily reflect the views of the commission. The Executive Director would not approve individual votes, only the voting and leadership roles. On the possibility of expanded roles, the agency wrote:

“Permitting CPSC staff the option to vote on a voluntary standard and/or accept a leadership position in a voluntary standards development group may result in a more effective voluntary standards process and accelerate standards development and implementation, without compromising the CPSC’s independence. Such participation could gain CPSC staff further access to and familiarity with latest technologies, and would provide an opportunity for staff to help establish standards that would advance CPSC’s safety goals. In addition, ‘full’ federal government participation in standards development increases the likelihood that the standards can meet both public and private sector needs.”

During a 60-day comment period, the agency would seek feedback especially on the value of expanded participation by CPSC staff, concerns related to such expansion, the requirement for executive director approvals related to the criteria, extent and form of expanded involvement. The briefing package is at www.cpsc.gov/Global/Newsroom/FOIA/CommissionBriefingPackages/2013/Amendment16CFRPart1031CommissionParticipationCommission.pdf.

The agency’s focus on voluntary standards can grow and shrink based on priorities and available resources. In the agency’s most recent tally (PSL, 6/10/13, p. 6), there were 71 voluntary standards projects, but that number compares to a low of 35 a few years ago due to the CPSIA.