Proposed Rule2023-20184
Disclosure of Interests in Commission Proceedings
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 29, 2023
Issuing agencies
Consumer Product Safety Commission
Abstract
The United States Consumer Product Safety Commission ("Commission" or "CPSC") is issuing this notice of proposed rulemaking ("NPR") to establish disclosure requirements for persons seeking to make certain appearances before the Commission. Specifically, the proposed requirements provide for disclosure of whether: any person other than the submitter authored, in whole or in part, an oral presentation, adjudicative testimony, or petition for rulemaking submitted to the Commission; any person other than the submitter made or has agreed to make a monetary contribution to fund the oral presentation, adjudicative testimony, or petition for rulemaking; and the submitter of a request to provide oral testimony before the Commission has an existing business relationship by which the submitter expects to receive direct or indirect financial benefit in connection with the oral presentation or the Commission activity that is the subject of the oral presentation. The Commission similarly proposes to require that any person seeking to participate as an intervenor or other participant in any adjudicative proceeding before the Commission shall disclose whether a party in the proceeding or a party's counsel authored the petition to intervene or request to participate, as well as the identity of each person who has made or has agreed to make a monetary contribution to fund the request to participate or proposed participation. Additionally, the Commission proposes disclosure of certain corporate affiliations in these contexts. Finally, the Commission proposes technical revisions to its regulations establishing procedures for filing petitions for rulemaking and requests for oral presentation.
Full Text
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[Federal Register Volume 88, Number 188 (Friday, September 29, 2023)]
[Proposed Rules]
[Pages 67127-67135]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20184]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Parts 1000, 1025, 1051, 1052 and 1502
[CPSC Docket No. CPSC-2023-0038]
Disclosure of Interests in Commission Proceedings
AGENCY: Consumer Product Safety Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The United States Consumer Product Safety Commission
(``Commission'' or ``CPSC'') is issuing this notice of proposed
rulemaking (``NPR'') to establish disclosure requirements for persons
seeking to make certain appearances before the Commission.
Specifically, the proposed requirements provide for disclosure of
whether: any person other than the submitter authored, in whole or in
part, an oral presentation, adjudicative testimony, or petition for
rulemaking submitted to the Commission; any person other than the
submitter made or has agreed to make a monetary contribution to fund
the oral presentation, adjudicative testimony, or petition for
rulemaking; and the submitter of a request to provide oral testimony
before the Commission has an existing business relationship by which
the submitter expects to receive direct or indirect financial benefit
in connection with the oral presentation or the Commission activity
that is the subject of the oral presentation. The Commission similarly
proposes to require that any person seeking to participate as an
intervenor or other participant in any adjudicative proceeding before
the Commission shall disclose whether a party in the proceeding or a
party's counsel
[[Page 67128]]
authored the petition to intervene or request to participate, as well
as the identity of each person who has made or has agreed to make a
monetary contribution to fund the request to participate or proposed
participation. Additionally, the Commission proposes disclosure of
certain corporate affiliations in these contexts. Finally, the
Commission proposes technical revisions to its regulations establishing
procedures for filing petitions for rulemaking and requests for oral
presentation.
DATES: Submit comments by November 28, 2023.
ADDRESSES: You may submit comments, identified by Docket No. CPSC-2023-
0038, by any of the following methods:
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at: <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the instructions for
submitting comments. Do not submit through this website: confidential
business information, trade secret information, or other sensitive or
protected information that you do not want to be available to the
public. CPSC typically does not accept comments submitted by electronic
mail (email), except as described below.
Mail/hand delivery/courier/confidential Written Submissions: CPSC
encourages you to submit electronic comments using the Federal
eRulemaking Portal. You may, however, submit comments by mail, hand
delivery, or courier to: Office of the Secretary, Consumer Product
Safety Commission, 4330 East West Highway, Bethesda, MD 20814;
telephone (301) 504-7479.
Instructions: All submissions must include the agency name and
docket number. CPSC may post all comments without change, including any
personal identifiers, contact information, or other personal
information provided, to: <a href="http://www.regulations.gov">www.regulations.gov</a>. If you wish to submit
confidential business information, trade secret information, or other
sensitive or protected information that you do not want to be available
to the public, you may submit such comments by mail, hand delivery, or
courier, or you may email them to: <a href="/cdn-cgi/l/email-protection#97f4e7e4f4baf8e4d7f4e7e4f4b9f0f8e1"><span class="__cf_email__" data-cfemail="8be8fbf8e8a6e4f8cbe8fbf8e8a5ece4fd">[email protected]</span></a>.
Docket: For access to the docket to read background documents or
comments received, go to: <a href="http://www.regulations.gov">www.regulations.gov</a>, and insert the docket
number, CPSC-2023-0038, into the ``Search'' box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: Hilda M. Garcia Concepcion, Attorney,
Division of Federal Court Litigation, Office of the General Counsel,
Consumer Product Safety Commission, 4330 East West Highway, Bethesda,
MD 20814; telephone: 301-504-7548; email: <a href="/cdn-cgi/l/email-protection#5038373122333931333f3e33352033393f3e10332023337e373f26"><span class="__cf_email__" data-cfemail="9ef6f9ffecfdf7fffdf1f0fdfbeefdf7f1f0defdeeedfdb0f9f1e8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Commission proposes in this NPR to amend
its regulations to require disclosures of interests and sources of
funding by those seeking to present oral testimony, request rulemaking
before the Commission, or participate in an adjudicative proceeding.
These proposed amendments are modeled after Supreme Court Rule 37.6 and
Rule 29(a)(4)(e) of the Federal Rules of Appellate Procedure (FRAP).
Both of those judicial rules provide that amici curiae (i.e., those
filing briefs as ``friends of the court'') must state: whether a
party's counsel authored the brief in whole or in part; whether a party
or a party's counsel contributed money that was intended to fund
preparing or submitting the brief; and whether any person other than
the amicus curiae, its members, or its counsel, funded preparing or
submitting the brief, and if so, identifies those persons.
The proposed amendment also includes a requirement for disclosure
of certain corporate affiliations that is modeled after FRAP 26.1(a),
which provides that any non-governmental corporation that is a party to
a proceeding must file a statement identifying any parent corporation
and any publicly held corporation that owns 10% or more of its stock or
stating that there is no such corporation.
I. Statutory Authority and Background
The Commission seeks to encourage interested stakeholders,
including consumers and consumer organizations, among others, to
participate actively in the agency's decision-making processes. This
includes participation in public hearings before the Commission,
adjudicative proceedings, and petitioning for rulemaking, among other
opportunities. To that end, 16 CFR part 1025 establishes the
Commission's Rules of Practice for Adjudicative Proceedings (``Rules of
Practice''), 16 CFR part 1051 establishes the Procedures for
Petitioning for Rule Making, and 16 CFR part 1052 establishes the
Procedural Regulations for Informal Oral Presentations in Proceedings
before the Commission.
A. Adjudicative Proceedings and Evidentiary Public Hearings
The Consumer Product Safety Act (15 U.S.C. 2064(c), (d), (f) &
2076(b)) (CPSA), Federal Hazardous Substances Act (15 U.S.C. 1274)
(FHSA), Flammable Fabrics Act (15 U.S.C. 1192, 1194, 1197(b)) (FFA),
and Poison Prevention Packaging Act (15 U.S.C. 1473(c)) (PPPA) all
authorize the Commission to conduct adjudicative proceedings for
mandatory recalls of covered products, or other action to protect the
public. Final Decisions and Orders in adjudicative proceedings are
decided based on an administrative record after opportunity for a
hearing.
The Commission's Rules of Practice at 16 CFR 1025.17, titled
``Intervention,'' allow persons who are not parties to an adjudication
to apply for participation as either an intervening party or a non-
party. In making a discretionary determination to grant or deny
participation, the presiding officer is required to consider, among
other things, the extent to which the petitioner's intervention may
reasonably be expected to assist in developing a sound record; the
extent to which the petitioner's interest will be represented by
existing parties; the extent to which the petitioner's intervention may
broaden the issues or delay the proceedings; and the extent to which
the person's participation can be expected to assist the presiding
officer and the Commission in rendering a fair and equitable resolution
of all matters in controversy. If the presiding officer determines that
there is a duplication of interest among those seeking to participate,
the presiding officer may limit the participation by designating a
single representative. 16 CFR 1025.17(f).
In addition to these adjudications, the Commission may hold formal
evidentiary public hearings under certain sections of the FHSA and PPA.
Part 1502 of the Commission's rules establishes procedures for these
formal evidentiary public hearings, including the processes for
requesting hearings and filing notices of participation. 16 CFR 1502.5-
1502.17.
B. Petitions for Rulemaking
In accordance with the Administrative Procedure Act (5 U.S.C.
553(e)), any person may petition the Commission to issue, amend, or
revoke Commission regulations under the Acts the Commission
administers. At 16 CFR part 1051, the Commission has established
procedures for the submission and disposition of petitions for the
issuance, amendment, or revocation of rules under the CPSA or other
statutes administered by the Commission.
Section 1051.5(a) establishes the requirements for petitioning for
rulemaking, which include that the petition shall be written in
English, contain the name and address of the petitioner, indicate the
product
[[Page 67129]]
regulated under the CPSA or other statute administered by the
Commission for which rulemaking is sought, set forth facts establishing
that the rulemaking is necessary, make an explicit request to the
Commission to initiate rulemaking, and set forth a brief description of
the substance of the proposed rule, amendment, or revocation. The
Commission may grant or deny the petition. 16 CFR 1051.10, 1051.11.
C. Informal Oral Presentations in Proceedings Before the Commission
The CPSA (15 U.S.C. 2058(d)(2) and 2064(c)), FHSA (id. 1274), FFA
(id. 1193(d)), and PPPA (id. 1473(c)) all require the Commission to
give interested persons an opportunity to make oral presentations of
data, views, or arguments, or provide for an opportunity for a hearing
regarding rulemaking. The CPSA also authorizes informal hearings or
other inquiries, which can be conducted by the Commission or by one or
more of its members, or by designated agents in non-rulemaking
situations. 15 U.S.C. 2076(a). The CPSA further provides that the
Commission shall conduct a public hearing on the annual agenda and
priorities for Commission action. 15 U.S.C. 2053(j). Section 1000.8 of
the Commission's rules provides that the Commission may conduct
hearings as necessary or appropriate to its functions and will afford
reasonable opportunity for interested persons to present relevant
testimony at such hearings.
Part 1052 of the Commission's rules sets forth the rules of
procedure for oral presentation of data, views or arguments in informal
rulemakings or investigatory situations. The Chairman of the
Commission, or another presiding officer appointed by the Chairman with
the concurrence of the Commission, shall have the powers necessary to
secure the efficient conduct of the oral proceedings, including the
right to require a single representative to present the views of others
with similar interests. 16 CFR 1052.4.
II. Reasons for Proposed Revisions
The proposed rule changes are based on the Supreme Court Rules and
the FRAP, which establish requirements for amicus curiae briefs written
by non-parties to assist the court by providing relevant information
not otherwise submitted, and on the FRAP's provisions for disclosure of
certain corporate affiliations.
In 1997 the Supreme Court amended its rules to require disclosure
of a party's involvement in the drafting or funding of non-governmental
amicus briefs. Supreme Court Rule 37.6 provides that ``a brief filed
under this Rule shall indicate whether counsel for a party authored the
brief in whole or in part and whether such counsel or a party made a
monetary contribution intended to fund the preparation or submission of
the brief, and shall identify every person or entity, other than the
amicus curiae, its members, or its counsel, who made such a monetary
contribution.''
Similarly, FRAP 29(a)(4)(E), adopted in 2010 and modeled after
Supreme Court Rule 37.6, provides that an amicus filer that is not a
Federal or state government entity must include a statement in the
amicus brief addressing whether ``a party's counsel authored the brief
in whole or in part;'' whether ``a party or party's counsel contributed
money that was intended to fund preparing or submitting the brief,''
and whether ``a person--other than the amicus curiae, its member, or
its counsel--contributed money that was intended to fund preparing or
submitting the brief and, if so, identifies each such person.''
The Supreme Court is understood to have adopted its disclosure rule
``in an effort to stop parties in a case from surreptitiously `buying'
what amounts to a second or supplemental merits brief, disguised as an
amicus brief, to get around word limits.'' Supreme Court Rule Crimps
Crowd-Funded Amicus Briefs, LAW.COM (Dec. 10, 2018, 2:53 p.m.),
available at <a href="https://www.yahoo.com/entertainment/supreme-court-rule-puts-crimp-075351473.html?guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&guce_referrer_sig=AQAAADJ2YF4CP_uQ2RVhjKDq6IXyiSRacfhjKhuXKIh9V-bTxca5H7uVdDtnYSHb-TcniJrVwTS9p-jWaoOjsHmckiI0QQiOpbBnFmxvQjHlFKr0OiPoouGbezukzy88VPBIP6I2Ghg8OUcDL-2TW0ZZ2UyS4LklU3RQhFqaXmAs4Xuw">https://www.yahoo.com/entertainment/supreme-court-rule-puts-crimp-075351473.html?guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&guce_referrer_sig=AQAAADJ2YF4CP_uQ2RVhjKDq6IXyiSRacfhjKhuXKIh9V-bTxca5H7uVdDtnYSHb-TcniJrVwTS9p-jWaoOjsHmckiI0QQiOpbBnFmxvQjHlFKr0OiPoouGbezukzy88VPBIP6I2Ghg8OUcDL-2TW0ZZ2UyS4LklU3RQhFqaXmAs4Xuw</a>, Supreme Court Rule Crimps Crowd-Funded
Amicus Briefs [verbar] National Law Journal. In 2018, the Supreme
Court's Public Information Office further explained that ``Rule 37.6
[serves] to preclude an amicus from filing a brief if contributors are
anonymous.'' LAW.COM, supra. The parallel Federal Rule of Appellate
Procedure serves efficiency and transparency goals by ``deter[ring]
counsel from using an amicus brief to circumvent page limits'' that the
FRAP places on parties' briefs. FRAP 29(c)(5) advisory committee's note
to 2010 amendment.
Like these rules of the U.S. Supreme Court and Federal Court of
Appeals, the proposed rules would deter circumvention of Commission
procedural requirements, avoid redundant presentations, and improve
transparency regarding the motivations of those with an interest in
proceedings before the Commission. The disclosure requirement for any
contributing party improves the fairness and accuracy of decision-
making by providing the Commission relevant information it otherwise
lacks. Knowing if a proposed participant is funded or financed by
another or has a business relationship by which the proposed
participant expects to receive financial benefit in connection with the
oral presentation or the Commission activity subject of the oral
presentation, assists the Commission in appropriately evaluating the
intent of the proposed participation, identifying bias or special
interest, and eliminating duplicative presentations. Just as the
Federal courts' disclosure requirements provide the decisionmakers, the
litigants, and the general public insight into the parties that are
framing the appellate proceeding, see S. Whitehouse, A Flood of
Judicial Lobbying: Amicus Influence and Funding Transparency, 131 Yale
L.J. F. 141 (Oct. 24, 2021), the proposed rule changes will allow the
Commission, the parties to a matter, and the public to know who is
seeking to influence the Commission's decisions on consumer product
safety issues. With the proposed disclosure requirements, the
Commission can better identify those seeking to influence its decisions
and better maintain the efficiency and integrity of the proceedings.
Indeed, particularly in the context of the Commission's adjudicative
proceedings, the function of the proposed rule's requirements is
precisely the same as the role of the parallel Supreme Court and
appellate rules.
In adjudicative proceedings when considering a petition to
intervene or request to participate, the presiding officer will
consider, among other things, the extent to which the participation
will assist the Commission in rendering a fair and equitable resolution
of the matters in controversy, the extent to which a petitioner's
interest will be represented by an existing party, and the extent to
which the participation might delay the proceedings. 16 CFR 1025.17(d)
and (e). The presiding officer also has the power to designate a single
representative where the petitioner or requester shares ``identity of
interest'' with any other intervenor or participant. 16 CFR 1025.17(f).
Similarly, when making determinations regarding objections or requests
for a public hearing under 16
[[Page 67130]]
CFR part 1502, the Commission may broadly investigate whether a hearing
has been justified. See 16 CFR 1502.8.
When considering petitions for rulemaking, the Commission
considers, among other factors, whether failure to initiate the
requested proceeding would unreasonably expose the petitioner or other
consumers to a risk of injury. To allocate its limited resources, the
Commission treats as an important component of each petition the
relative priority of the risk of injury associated with the product. 16
CFR 1051.9. When rulemaking petitions are filed by parties--such as
consultants--who do not disclose the identity of their paying clients
or others whose interests they represent, the Commission is less able
to assess accurately the actual priority of the asserted risk of
injury. Therefore, the information afforded by the proposed disclosure
requirements better positions the Commission to prioritize the requests
it receives.
The Procedural Regulations for Oral Presentations in Proceedings
Before the Consumer Product Safety Commission already give the officer
presiding over a hearing authority to: (1) apportion the time for
presentations; (2) terminate or shorten a presentation that is
repetitive or not relevant; and (3) identify groups or persons with the
same or similar interests in the proceedings and require a single
representative to present the views of participants who have the same
or similar interests. To do this, the presiding officer may question
those making an oral presentation as to their testimony and any other
relevant matter. 16 CFR 1052.4(c).
The pre-hearing disclosure requirements proposed in this NPR
likewise serves the public interest by avoiding repetitive,
inefficient, and/or misleading testimony that can come as a result of
multiple presentations that in fact represent a single interest. It
complements the Commission's practice of requiring those seeking to
make an oral presentation to provide, as part of their request, the
written text of the proposed oral presentation.\1\
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\1\ See, e.g., Commission Agenda and Priorities, Notice of
Hearing, 87 FR 15,209 (Mar. 17, 2022); Safety Standard for Clothing
Storage Units; Notice of Opportunity for Oral Presentation and
Comments, 87 FR 11,366 (Mar. 1, 2022).
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Importantly, this NPR's proposals do not limit participation in
Commission proceedings, but only provide the Commission and the public
additional information about potential participants. We agree on this
point with the United States Chamber of Commerce, which explained, in
discussing FRAP 29(a)(4)(e), that its approach ``strikes an appropriate
and time-tested balance between the interest in protecting the
integrity of the amicus process and the protection of associational
rights.'' Letter from Daryl Joseffer, Exec. Vice President & Chief
Couns., U.S. Chamber of Commerce Litigation Center., to Honorable Jay
S. Bybee (Oct. 6, 2021) (discussing potential amendments to the amicus
disclosure requirements of FRAP 29), available at <a href="https://www.uscourts.gov/sites/default/files/21-ap-h_suggestion_from_sen._whitehouse_and_rep._johnson_-_rule_29_0.pdf">https://www.uscourts.gov/sites/default/files/21-ap-h_suggestion_from_sen._whitehouse_and_rep._johnson_-_rule_29_0.pdf</a>.
Similarly, the proposed requirements to disclose business interests
that may shape an oral presentation do not implicate or burden
associational rights. The proposed rules require disclosure of direct
or indirect financial benefits that are expected to stem from the
Commission's relevant activity, or participation in it. For example,
the requester might receive payment specifically for appearing before
the Commission or, might expect an indirect financial benefit if a
client (such as a client in an ongoing contract for consulting
services) will be directly affected by the Commission's activity. The
disclosure of these pertinent financial interests does not require the
identification of specific business partners, but rather disclosure of
the existence of a business relationship by which the requester expects
to receive a direct or indirect financial benefit. These disclosure
requirements provide information that is useful for the Commission to
assess proposed testimony and, if participation is granted, to place it
in context.
Other Federal and state agencies have similar disclosure
requirements, either in their rules or as part of the information that
must be provided when making submissions. As an example, the Federal
Communications Commission requires that a person seeking to submit a
filing in its proceedings must identify the person or entities ``whose
views the filing represents.'' Federal Communications Commission,
Submit Standard Filing, available at <a href="https://www.fcc.gov">https://www.fcc.gov</a>./ecfs/filings/
standard. Similarly, Rule 1.4(b)(1) of the Rules of Practice and
Procedure of the California Public Utilities Commission requires a
person seeking to become a party to a proceeding before that agency to
``fully disclose the persons or entities in whose behalf the filing [of
the motion to become a party], appearance or motion is made, and the
interest of such persons or entities in the proceeding.''
The proposed disclosure of interest requirements would not only
improve transparency and efficiency as a general matter, but also allow
the Commission and its staff, including presiding officers in
adjudications, to better identify potential conflicts of interest or
other ethical concerns that could arise from the identities or
interests of participants in those proceedings.
Relatedly, and similar to the FRAP, the proposed rules require
disclosure of certain corporate affiliations. The purpose of the
corporate disclosure statement required by the FRAP 26.1 is to assist
judges in making a determination of whether they have interests in any
of a party's related corporate entities that would disqualify the judge
from participating in a judicial appeal. See Fed R. App. P. 26.1(a)
advisory committee's note to 1998 amendment; Fed R. App. P. 26.1(a)
advisory committee's note on Rules-1989. In the same way, the proposed
requirements for disclosure of certain corporate affiliations will
better enable CPSC Commissioners and staff to identify a potential
conflict of interest that might merit recusal from a proceeding. See 18
U.S.C. 208(a) (generally barring Federal employees from participating
personally and substantially in any particular matter in which they
know they, or any person whose interest is imputed to them, have a
financial interest directly and predictably affected by the matter); 16
CFR 1025.42(e) (disqualification of presiding officers in adjudicative
proceedings). Disclosure of underlying corporate interests also may
serve efficiency interests by allowing the Commission and its presiding
officers to better organize proceedings to reflect commonalities of
interest among the participants.
As with the disclosure interest requirements discussed above,
corporate disclosure requirements are required by other administrative
agencies. For example, the Occupational Safety and Health Review
Commission (OSHRC) requires that: ``All answers, petitions for
modification of abatement period, or other initial pleadings filed
under these rules by a corporation shall be accompanied by a separate
declaration listing all parents, subsidiaries, and affiliates of that
corporation or stating that the corporation has no parents,
subsidiaries, or affiliates, whichever is applicable.'' 29 CFR 2200.35.
There may be material interests that would not be revealed even
under this NPR's proposals. In section IX below, we seek comment
whether other amendments to the Commission's rules should be adopted to
promote the purposes of this NPR in circumstances that are not covered
by the specific rules proposed here.
[[Page 67131]]
III. Description of the Proposed Revisions
This section describes the changes proposed in this NPR in the
order in which they will appear in the Commission's rules.
A. Table of Contents
The NPR proposes conforming changes to the Tables of Contents for
16 CFR parts 1025 and 1052.
B. Part 1000--Commission Organization and Functions
1. Proposed Changes to Sec. 1000.5 (Petitions)
In conjunction with the proposed changes regarding requirements for
testimony and participation in Commission proceedings, the NPR proposes
a technical change that directs petitioners to follow the procedure for
submitting petitions found in 16 CFR part 1051.
2. Proposed Changes to Sec. 1000.8 (Meetings and Hearings; Public
Notice)
To conform to the proposed changes implementing disclosure of
interest requirements for testimony and participation in Commission
proceedings, the NPR proposes to add a new paragraph (e) stating: ``Any
person requesting the opportunity to present oral testimony before the
Commission shall satisfy the requirements in Sec. 1052.3.''
C. Part 1025--Subpart B--Pleadings, Form, Execution, Service of
Documents
The NPR proposes to adopt disclosure of interest requirements for
any person seeking to provide testimony or participate in an
adjudicative proceeding before the Commission. The proposed changes
would align CPSC's Rules of Procedure with the amicus funding
disclosure requirements in Supreme Court Rule 37.6 and FRAP
29(a)(4)(e). The disclosure of interest requirements will improve
transparency and lessen the likelihood of delay or repetition in
adjudicative proceedings by giving the presiding officer information
necessary to determine the identity of interest of those seeking to
participate. For Part 1025-Subpart B, the NPR proposes to replace the
heading of Sec. 1025.17 ``Intervention'' with ``Participation.'' This
is a non-substantive change to better align the heading of the section
with its content.
The NPR also proposes to add a new paragraph (3) to Sec.
1025.17(a), ``Participation as an intervenor,'' adding a new
requirement for a petition to intervene in an adjudicative proceeding.
The proposed paragraph (a)(3) reads as follows:
(3) Unless a petition to intervene is made by the United States or
a State, local or foreign government, or by an agency thereof, or an
Indian Tribe, city, county, town or similar entity when submitted by
its law officer, the petition shall include a statement that indicates
whether:
(i) a party or a party's counsel authored the petition to intervene
in whole or in part, and, if so, identifies such party;
(ii) a party or a party's counsel has made or has agreed to make a
monetary contribution to the petitioner intended to fund the petition
or proposed participation and, if so, identifies such party; and
(iii) a person other than the petitioner, its members, or its
counsel has made or has agreed to make a monetary contribution intended
to fund the petition or proposed participation and, if so, identifies
each such person;
(iv) if no such authorship or contributions were or will be
provided, the statement should affirmatively indicate that no
assistance that is reportable under this Rule has been provided or
promised.
New paragraph 1025.17(a)(4) would require a corporate disclosure
statement for corporations that seek to participate as intervenors.
Current paragraph (3) of Sec. 1025.17(a) would be redesignated as
paragraph (5), with no other changes.
The NPR also proposes to add similar disclosure of interest
requirements and corporate disclosure requirements for persons who
request to participate in an adjudicative proceeding without gaining
the party status of an intervenor.
D. Part 1051--Procedure for Petitioning for Rulemaking
1. Proposed Changes to Sec. 1051.1 (Scope)
Section 1051.1(b) states the requirements and recommendations to be
followed by those seeking to file a petition for rulemaking. The NPR
proposes to clarify this provision by replacing ``Persons filing
petitions for rulemaking shall follow as closely as possible the
requirements and are encouraged to follow as closely as possible the
recommendations for filing petitions under Sec. 1051.5'' with
``Persons filing petitions for rulemaking shall satisfy the
requirements in Sec. 1051.5(a) and are encouraged to follow as closely
as possible the recommendations for filing petitions under Sec.
1051.5(b).''
To conform with these changes, the NPR also proposes a change to
Sec. 1051.1(c). The NPR proposes to replace the last sentence of Sec.
1051.1(c), which currently reads ``In addition, however, persons filing
such petitions shall follow the requirements and are encouraged to
follow the recommendations for filing petitions as set forth in Sec.
1051.5,'' with ``In addition, persons filing such petitions shall
satisfy the requirements in Sec. 1051.5(a) and are encouraged to
follow the recommendations for filing petitions in Sec. 1051.5(b).''
2. Proposed Changes to Sec. 1051.3 (Place of Filing)
To improve efficiency and reflect current technologies, the NPR
proposes to provide that petitions for rulemaking may be filed by
electronic submission, in addition to mail or hand delivery.
3. Proposed Changes to Sec. 1051.4 (Time of Filing)
To conform to the change proposed in Sec. 1051.3 to include
electronic submission as a permitted method of filing petitions for
rulemaking, the NPR proposes clarification to the time of filing. The
proposed revised section reads as follows:
A petition shall be considered filed by electronic submission
(i.e., emailed) when it is received in the Office of the Secretary. If
the electronic submission is received outside of business hours, or on
a weekend or holiday, the date of receipt shall be the next business
day. A petition shall be considered filed by mail or in person when
time-date stamped as received in the Office of the Secretary.
4. Proposed Changes to Sec. 1051.5 (Requirement and Recommendations
for Petitions)
The NPR proposes to add the disclosure of interest and corporate
disclosure requirements as new paragraphs ``(3)'' and ``(4)'' of Sec.
1051.5(a), which read as follows:
(3) Unless the petition is made by the United States or a State,
local or foreign government or by an agency thereof, or an Indian
Tribe, city, county, town or similar entity when submitted by its law
officer, the petition shall include a statement that indicates whether:
(i) a person, other than the petitioner, its members, or its
counsel authored the petition in whole or in part and, if so,
identifies each such person; and
(ii) a person other than the petitioner, its members, or its
counsel has made or has agreed to make a monetary contribution intended
to fund the petition and, if so, identifies each such person;
(iii) if no such authorship or contributions were or will be
provided,
[[Page 67132]]
the statement should affirmatively indicate that no assistance that is
reportable under this Rule has been provided or promised.
(4) In the case of a corporation, contain a statement that
identifies any parent corporation and any publicly held corporation
that owns 10% or more of its stock, or state that there is no such
corporation.
To conform with these proposed additions, former requirements
``(3), (4) and (5)'' would become, respectively, requirements ``(5),
(6) and (7).''
E. Part 1052--Procedural Regulations for Informal Oral Presentations in
Proceedings Before the Consumer Product Safety Commission
1. Proposed Changes to Sec. 1052.1 (Scope and Purpose)
Section 1052.1 states the Scope and Purpose for informal oral
presentations in proceedings before the Commission. For clarity and
uniformity, and in order to ensure the disclosure of interest
requirements apply generally throughout CPSC's proceedings, the NPR
proposes to reference in Sec. 1052.1(a) the following statutory
provisions: Section 15(c) and (d) of the Consumer Product Safety Act,
15 U.S.C. 2064(c) and (d), section 15 of the Federal Hazardous
Substances Act, 15 U.S.C. 1274, section 4(j) of the Consumer Product
Safety Act, 15 U.S.C. 2053(j), and 16 CFR 1000.8, all of which provide
that the Commission shall give interested persons an opportunity for
oral presentations or an opportunity for a hearing before the
Commission. Reflecting this new specificity and to avoid confusion, the
NPR also proposes to eliminate from this paragraph (a) the following,
less specific language: ``Several rulemaking provisions of the statutes
administered by the Commission are subject only to the rulemaking
procedures of the Administrative Procedure Act. Section 4(c) of the
Administrative Procedure Act provides that the opportunity for oral
presentations may or may not be granted in rulemaking under that
section.''
The NPR further proposes minor changes to Sec. 1052.2(b) with the
same purpose of achieving clarity and uniformity throughout its
regulations and statutes.
2. Proposed Changes to Sec. 1052.3 (Conduct of Oral Presentation)
The NPR proposes to add a new Sec. 1052.3 for informal oral
presentations in proceedings before the Commission, to be titled
``Requesting Opportunity for Oral Presentations.'' The proposed section
reads:
Sec. 1052.3 Requesting opportunity for oral presentations.
(a) Unless otherwise stated in the Federal Register notice
referenced in Sec. 1052.2, any person who seeks to make an oral
presentation shall make an electronic submission of the request to the
Office of the Secretary, Consumer Product Safety Commission at <a href="/cdn-cgi/l/email-protection#dab9aaa9b9f7b5a99ab9aaa9b9f4bdb5ac"><span class="__cf_email__" data-cfemail="bfdccfccdc92d0ccffdccfccdc91d8d0c9">[email protected]</span></a>, not later than five business days before the scheduled
opportunity.
(b) Unless otherwise stated in the Federal Register notice
referenced in Sec. 1052.2, the request to make an oral presentation
shall:
(1) Be written in the English language;
(2) Contain the name and address of the requester, and its counsel,
if any;
(3) Contain the name and address of any person on whose behalf the
requested oral presentation is to be made;
(4) Unless the request to make an oral presentation is made by the
United States or a State, local or foreign government, or by an agency
thereof, or an Indian Tribe, city, county, town or similar entity when
submitted by its law officer, the request shall include a statement
that indicates whether:
(i) a person other than the requester, its members, or its counsel
authored the request in whole or in part and, if so, identifies such
person;
(ii) a person other than the requester, its members, or its counsel
has made or has agreed to make a monetary contribution intended to fund
the oral presentation and, if so, identifies each such person;
(iii) the requester has an existing business relationship by which
the requester expects to receive direct or indirect financial benefit
in connection with the oral presentation or the Commission activity
that is the subject of the oral presentation and, if so, describes the
nature of that business relationship;
(iv) if no such authorship or contributions were or will be
provided, and no such business relationship exists, the statement
should affirmatively indicate that no assistance that is reportable
under this Rule has been provided or promised and no business
relationship that is reportable under this Rule exists.
(5) If the requester is a corporation, contain a statement that
identifies any parent corporation and any publicly held corporation
that owns 10% or more of its stock, or state that there is no such
corporation.
(6) Contain the written text of the proposed oral presentation.
3. Proposed Changes to New Sec. 1052.4 (Conduct of Oral Presentation)
Given the addition of new 16 CFR 1052.3 ``Requesting Opportunity
for oral presentations,'' the NPR proposes to renumber former Sec.
1052.3 ``Conduct of oral presentation'' as Sec. 1052.4. For clarity,
the NPR also proposes to make a technical change and to eliminate
``legislative type'' from paragraph (b). The proposed Sec. 1052.4(b)
would read: ``(b) The oral presentation, which shall be taped or
transcribed, shall be an informal, non-adversarial proceeding at which
there will be no formal pleadings or adverse parties.''
4. Proposed Changes to New Sec. 1052.5
Also, as a conforming change, the NPR proposes to renumber Sec.
1052.4 ``Presiding Officer; appointment, duties and powers'' as Sec.
1052.5, with no other changes.
F. Part 1502--Procedures for Formal Evidentiary Public Hearing
1. Proposed Changes to Subpart B--Initiation of Proceedings--Sec.
1502.5 (Initiation of a Hearing Involving the Issuance, Amendment, or
Revocation of a Regulation)
Consistent with the other proposed changes requiring disclosure of
interests and corporate affiliations for testimony and participation in
Commission proceedings, the NPR proposes to add a new paragraph (c) to
Sec. 1502.5, stating: ``Any person requesting the opportunity for a
public hearing under this part shall satisfy the disclosure
requirements of Sec. 1025.17(b)(3) and (4), in addition to all
requirements in this part.''
2. Proposed Changes to Subpart C--Notice of Participation--Sec.
1502.16 (Notice of Participation)
In conjunction with the changes proposed above, the NPR proposes to
require disclosure of interests and corporate disclosure within the
notice of participation to be filed under 16 CFR 1502.16(a).
IV. Environmental Considerations
The Commission's regulations address whether the agency must
prepare an environmental assessment or an environmental impact
statement. Under these regulations, certain categories of CPSC actions
that have ``little or no potential for affecting the human
environment'' do not require an environmental assessment or an
environmental impact statement. 16 CFR 1021.5(c). The proposed changes
to the rules fall within the categorical exclusion and therefore, no
environmental assessment or
[[Page 67133]]
environmental impact statement is required.
V. Regulatory Flexibility Analysis
Under section 603 of the Regulatory Flexibility Act (RFA), when the
Administrative Procedure Act (APA) requires an agency to publish a
general notice of proposed rulemaking, the agency must prepare an
initial regulatory flexibility analysis (IRFA), assessing the economic
impact of the proposed rule on small entities. 5 U.S.C. 603(a).
Although the Commission has chosen to propose this disclosure rule
through notice and comment procedures, the APA does not require a
proposed rule when an agency issues rules of agency procedure and
practice. 5 U.S.C. 553(b). Therefore, the CPSC is not required to
prepare an IRFA under the RFA. See 79 FR 10721 (discussing IRFA
requirement). Moreover, the NPR does not propose to establish mandatory
requirements for, and would not impose any significant obligations on,
small entities (or any other entity or party).
VI. Paperwork Reduction Act
The Paperwork Reduction Act (PRA) establishes certain requirements
when an agency conducts or sponsors a ``collection of information.'' 44
U.S.C. 3501-3520. The NPR would amend the Commission's rules for
testimony and participation in proceedings before the Commission. The
existing rules and the proposed revisions do not require or request
information from the public, but rather, establish procedures for
voluntary testimony and other participation in proceedings before the
Commission. Further, the PRA does not apply to collections of
information during the conduct of an administrative action or
investigation involving an agency against specific individual or
entities (44 U.S.C. 3518; see 5 CFR 1320.4(a)(2)), or to facts or
opinions submitted in response to general solicitations of comments
from the public (5 CFR 1320.3(h)(4)) or obtained or solicited at or in
connection with public hearings or meetings (id. 1320.3(h)(4)). For
these reasons, the proposed rule does not implicate the PRA.
VII. Executive Order 12988 (Preemption)
According to Executive Order 12988 (Feb. 5, 1996), agencies must
state in clear language the preemptive effect, if any, of new
regulations. This NPR proposes procedural provisions that are uniquely
applicable to the Commission, and not enforced by state or local
governments. Preemption therefore is not relevant.
VIII. Proposed Effective Date
Consistent with the APA's general requirement that the effective
date of a rule be at least 30 days after publication of the final rule,
the Commission proposes that the effective date of the rule will be 30
days after the date of the publication in the Federal Register. See 5
U.S.C. 553(d).
IX. Request for Comments
The Commission requests comments on all aspects of the NPR. The
Commission also invites public comment on whether the same goals of
transparency, fairness, efficiency, and improved decision-making should
be advanced through disclosure provisions beyond those included in the
NPR, for instance additional rule revisions that more fully enable the
Commission to identify alignments of financial interest between
different persons or entities requesting participation in the same CPSC
hearing or public meeting. Comments must be submitted in accordance
with the instructions in the ADDRESSES section of the preamble.
Comments must be received no later than November 28, 2023.
List of Subjects in 16 CFR Parts 1000, 1025, 1051, 1052, and 1502
Administrative practice and procedure; Consumer protection;
Requirement; Statement; Participation; Oral testimony; Petition.
For the reasons set forth in the Preamble, the Commission proposes
to amend 16 CFR parts 1000, 1025, 1051, 1052 and 1502 as follows:
PART 1000--COMMISSION ORGANIZATION AND FUNCTIONS
0
1. The authority citation for part 1000 continues to read as follows:
Authority: 5 U.S.C. 552(a).
0
2. Revise Sec. 1000.5 to read as follows:
Sec. 1000.5 Petitions.
Any interested person may petition the Commission to issue, amend,
or revoke a rule or regulation by submitting a written request to the
Office of the Secretary, Consumer Product Safety Commission. Petitions
must comply with the Commission's procedure for petitioning for
rulemaking at 16 CFR part 1051.
0
3. Amend Sec. 1000.8 by adding paragraph (e) to read as follows:
Sec. 1000.8 Meetings and hearings; public notice.
* * * * *
(e) Any person requesting the opportunity to present oral testimony
before the Commission shall satisfy the requirements in Sec. 1052.3.
PART 1025--RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS
0
4. The authority citation for part 1025 continues to read as follows:
Authority: Consumer Product Safety Act (secs. 15, 20, 27 (15
U.S.C. 2064, 2069, 2076), the Flammable Fabrics Act (sec. 5, 15
U.S.C. 1194), the Federal Trade Commission Act (15 U.S.C. 45)),
unless otherwise noted.
0
5. Amend Sec. 1025.17 by:
0
a. Revising the subject heading.
0
b. Redesignating paragraph (a)(3) as paragraph (a)(5).
0
c. Adding new paragraphs (a)(3) and (4).
The revisions and additions read as follows:
Sec. 1025.17 Participation.
* * * * *
(a)(3) Unless a petition to intervene is made by the United States
or a State, local or foreign government, or by an agency thereof, or an
Indian Tribe, city, county, town or similar entity when submitted by
its law officer, the petition shall include a statement that indicates
whether:
(i) a party or a party's counsel authored the petition to intervene
in whole or in part, and, if so, identifies such party;
(ii) a party or a party's counsel has made or has agreed to make a
monetary contribution to the petitioner intended to fund the petition
or proposed participation and, if so, identifies such party; and
(iii) a person other than the petitioner, its members, or its
counsel has made or has agreed to make a monetary contribution intended
to fund the petition or proposed participation and, if so, identifies
each such person;
(iv) if no such authorship or contributions were or will be
provided, the statement should affirmatively indicate that no
assistance that is reportable under this Rule has been provided or
promised.
(a)(4) If the petitioner is a corporation the petition shall
include a statement that identifies any parent corporation and any
publicly held corporation that owns 10% or more of its stock or state
that there is no such corporation.
* * * * *
PART 1051--PROCEDURE FOR PETITIONING FOR RULEMAKING
0
6. The authority citation for part 1051 continues to read as follows:
Authority: 5 U.S.C. 553(e), 5 U.S.C. 555(e).
[[Page 67134]]
0
7. Amend Sec. 1051.1 by revising paragraph (b), and the last sentence
in paragraph (c) to read as follows:
Sec. 1051.1 Scope.
* * * * *
(b) Persons filing petitions for rulemaking shall satisfy the
requirements in Sec. 1051.5(a) and are encouraged to follow as closely
as possible the recommendations for filing petitions under Sec.
1051.5(b).
(c) * * * In addition, persons filing such petitions shall satisfy
the requirements in Sec. 1051.5(a) and are encouraged to follow the
recommendations for filing petitions in Sec. 1051.5(b).
0
8. Revise Sec. 1051.3 to read as follows:
Sec. 1051.3 Place of filing.
A petition shall be filed in any of the following ways:
(1) By electronic submission. A petition shall be emailed to:
Office of the Secretary, Consumer Product Safety Commission at <a href="/cdn-cgi/l/email-protection#42213231216f2d3102213231216c252d34"><span class="__cf_email__" data-cfemail="99fae9eafab4f6ead9fae9eafab7fef6ef">[email protected]</span></a>; or
(2) Mail/hand delivery/courier. A petition shall be mailed or hand
delivered to the Office of the Secretary, Consumer Product Safety
Commission, at 4330 East West Highway, Bethesda, MD 20814.
0
9. Revise Sec. 1051.4 to read as follows:
Sec. 1051.4 Time of filing.
A petition shall be considered filed by electronic submission when
it is received in the Office of the Secretary. If the electronic
submission is received outside of business hours, or on a weekend or
holiday, the date of receipt shall be the next business day. A petition
shall be considered filed by mail or in person when time-date stamped
as received in the Office of the Secretary.
0
10. Amend Sec. 1051.5 by:
0
a. Redesignating paragraphs (a)(3), (a)(4), and (a)(5) as paragraphs
(a)(5), (a)(6), and (a)(7).
0
b. Adding new paragraphs (a)(3) and (4).
The revisions and additions read as follows:
Sec. 1051.5 Requirements and recommendations for petitions.
* * * * *
(a)(3) Unless the petition is made by the United States or a State,
local or foreign government or by an agency thereof, or Indian Tribe,
city, county, town or similar entity when submitted by its law officer,
include a statement that indicates whether:
(i) a person, other than the petitioner, its members, or its
counsel authored the petition in whole or in part and, if so,
identifies each such person; and
(ii) a person other than the petitioner, its members, or its
counsel has made or has agreed to make a monetary contribution intended
to fund the petition and, if so, identifies each such person;
(iii) if no such authorship or contributions were or will be
provided, the statement should affirmatively indicate that no
assistance that is reportable under this Rule has been provided or
promised.
(a)(4) If the petitioner is a corporation, include a statement that
identifies any parent corporation and any publicly held corporation
that owns 10% or more of its stock or state that there is no such
corporation.
* * * * *
PART 1052--PROCEDURAL REGULATIONS FOR INFORMAL ORAL PRESENTATIONS
IN PROCEEDINGS BEFORE THE CONSUMER PRODUCT SAFETY COMMISSION
0
11. The authority citation for part 1052 continues to read as follows:
Authority: 15 U.S.C. 1193(d), 15 U.S.C. 2058(d)(2), 15 U.S.C.
2076(a), and 5 U.S.C. 553(c).
0
12. Amend Sec. 1052.1 by revising the last two sentences of paragraph
(a), and the first sentence in paragraph (b) to read as follows:
Sec. 1052.1 Scope and purpose.
(a) * * * Section 15(c) and (d) of the Consumer Product Safety Act,
15 U.S.C. 2064(c) and (d), and section 15 of the Federal Hazardous
Substances Act, 15 U.S.C. 1274, provide that the Commission will afford
interested persons, including consumers and consumer organizations, an
opportunity for a hearing. In addition, section 27(a) of the Consumer
Product Safety Act, 15 U.S.C. 2076(a), authorizes informal proceedings
that can be conducted in non-rulemaking investigatory situations;
section 4(j) of the Consumer Product Safety Act, 15 U.S.C. 2053(j),
provides that the Commission shall conduct a public hearing on the
annual agenda and priorities for Commission action; and as set forth in
Sec. 1000.8 of the Commission's rules, the Commission may conduct any
hearings necessary to its functions and afford reasonable opportunity
for interested persons to present relevant testimony.
(b) This part sets forth rules of procedure for the oral
presentation of data, views or arguments in the informal rulemaking or
investigatory situations or hearings described in paragraph (a) of this
section or under any other laws administered by the Commission. * * *
Sec. Sec. 1052.3 and 1052.4 [Redesignated as Sec. Sec. 1052.4 and
1052.5]
0
13. Redesignate Sec. 1052.3 and Sec. 1052.4 as Sec. 1052.4 and Sec.
1052.5, and add a new Sec. 1052.3 to read as follows:
Sec. 1052.3 Requesting opportunity for oral presentations.
(a) Unless otherwise stated in the Federal Register notice
referenced in Sec. 1052.2, any person who seeks to make an oral
presentation shall make an electronic submission of the request to the
Office of the Secretary, Consumer Product Safety Commission at <a href="/cdn-cgi/l/email-protection#dcbfacafbff1b3af9cbfacafbff2bbb3aa"><span class="__cf_email__" data-cfemail="0467747767296b7744677477672a636b72">[email protected]</span></a>, not later than five business days before the scheduled
opportunity.
(b) Unless otherwise stated in the Federal Register notice
referenced in Sec. 1052.2, the request to make an oral presentation
shall:
(1) Be written in the English language;
(2) Contain the name and address of the requester, and its counsel,
if any;
(3) Contain the name and address of any person on whose behalf the
requested oral presentation is to be made;
(4) Unless the request to make an oral presentation is made by the
United States or a State, local or foreign government, or by an agency
thereof, or an Indian Tribe, city, county, town or similar entity when
submitted by its law officer, the request shall include a statement
that indicates whether:
(i) a person other than the requester, its members, or its counsel
authored the request in whole or in part and, if so, identifies such
person;
(ii) a person other than the requester, its members, or its counsel
has made or has agreed to make a monetary contribution intended to fund
the oral presentation and, if so, identifies each such person;
(iii) the requester has an existing business relationship by which
the requester expects to receive direct or indirect financial benefit
in connection with the oral presentation or the Commission activity
that is the subject of the oral presentation and, if so, describes the
nature of that business relationship;
(iv) if no such authorship or contributions were or will be
provided, and no such business relationship exists, the statement
should affirmatively indicate that no assistance that is reportable
under this Rule has been provided or promised and no business
relationship that is reportable under this Rule exists.
(5) If the requester is a corporation, contain a statement that
identifies any parent corporation and any publicly held corporation
that owns 10% or more of its stock, or state that there is no such
corporation.
[[Page 67135]]
(6) Contain the written text of the proposed oral presentation.
0
14. In newly redesignated Sec. 1052.4, revise paragraph (b) to read as
follows:
Sec. 1052.4 Conduct of oral presentation.
* * * * *
(b) The oral presentation, which shall be taped or transcribed,
shall be an informal, non-adversarial proceeding at which there will be
no formal pleadings or adverse parties.
* * * * *
PART 1502--PROCEDURES FOR FORMAL EVIDENTIARY PUBLIC HEARING
0
15. The authority citation for part 1502 continues to read as follows:
Authority: 15 U.S.C. 1261(q)(1)(B), 1262(a), 1262(e), 1269(a);
15 U.S.C. 1474(a); 21 U.S.C. 371(e)-(g).
0
16. Amend Sec. 1502.5 by adding a new paragraph (c) to read as
follows:
Sec. 1502.5 Initiation of a hearing involving the issuance,
amendment, or revocation of a regulation.
* * * * *
(c) Any person requesting the opportunity for a public hearing
under this part shall satisfy the disclosure requirements of Sec.
1025.17(b)(3) and (4), in addition to all requirements in this part.
0
17. Amend Sec. 1502.16 by revising paragraph (a) to read as follows:
Sec. 1502.16 Notice of participation.
(a) Within 30 days after publication of the notice of hearing under
Sec. 1502.13, a person desiring to participate in a hearing is to file
with the Office of the Secretary a notice of participation containing
the following information:
(i) Date of submission;
(ii) Title of submission: Notice of Participation;
(iii) To whom the notice is being directed: Office of the
Secretary, Consumer Product Safety Commission, 4330 East West Highway,
Bethesda, MD. Mailing address: Office of the Secretary, Consumer
Product Safety Commission, Washington, DC 20207; <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="aeedfefded83e1fdeecddeddcd80c9c1d8">[email protected]</a>.
(iv) Title of Regulation and CPSC Docket Number;
(v) Name and contact information of person or entity seeking to
participate, including Street Address, City, State, and Zip Code,
Telephone number, and email address;
(vi) Service on the above will be accepted by: Name, Street
Address, City, State, and Zip Code, Telephone number, and email
address;
(vii) The following statements are made as part of this notice of
participation:
(A) Specific interests. Provide a statement of the specific
interest of the person in the proceeding, including the specific issues
of fact concerning which the person desires to be heard. This part need
not be completed by a party to the proceeding;
(B) Commitment to participate. Provide a statement that the person
will present documentary evidence or testimony at the hearing and will
comply with the requirements of Sec. 1502.25 of these procedures;
(C) Disclosure of interest. Unless the notice of participation is
made by the United States or a State, local or foreign government, or
by an agency thereof, or Indian Tribe, city, county, town or similar
entity when submitted by its law officer, provide a statement that
indicates whether:
(1) A party or a party's counsel authored the notice of
participation in whole or in part, and, if so, identifies such party;
(2) A party or a party's counsel has made or has agreed to make a
monetary contribution intended to fund the proposed participation and,
if so, identifies such party; and
(3) A person other than the one filing the notice of participation,
its members, or its counsel has made or has agreed to make a monetary
contribution intended to fund the proposed participation and, if so,
identifies each such person;
(4) If no such authorship or contributions were or will be
provided, the statement should affirmatively indicate that no
assistance that is reportable under this Rule has been provided or
promised;
(D) Corporate disclosure. If the proposed participant is a
corporation the notice shall include a statement that identifies any
parent corporation and any publicly held corporation that owns 10% or
more of its stock or state that there is no such corporation; and
(viii) Signature.
* * * * *
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2023-20184 Filed 9-28-23; 8:45 am]
BILLING CODE 6355-01-P
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</html>Indexed from Federal Register on September 29, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.