[Federal Register Volume 74, Number 244 (Tuesday, December 22, 2009)]
[Notices]
[Pages 68053-68056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30376]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 
[email protected]; 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 [email protected], 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; [email protected]; 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