Acting Chairmnn Ann Marie Buerkle: CPSC Agency Update (Feb. 7, 2018)
Good afternoon. As we begin a new year, I want to thank all of you for your engagement with CPSC and provide an update regarding activities at the agency.
Staff Updates
In recent months, a number of key personnel positions have been filled. Mary Boyle, who was outstanding in her service as General Counsel for 18 months, is remaining at the agency as Senior Counselor for Policy and Planning, a leadership role in the Office of the Executive Director.
Patty Hanz joined the agency as General Counsel. Patty brings both private sector and public service experience to this position as well as a strong academic resume with a J.D. from the University of Wisconsin and a M.B.A. from Northwestern University. Her leadership and management are well recognized in her home state of Wisconsin. This past September, Patty was recognized at the Milwaukee Business Journal’s C-Suite Stars Award event as the 2017 Best Assistant General counsel for her outstanding work.
Joe Martyak has returned to the agency as Director of the Office of Communications. Joe previously served at CPSC as my Chief Counsel and before that, as Chief of Staff to Acting Chairman Nancy Nord. He has extensive communications experience having served in several government, private sector, and non-profit positions. Joe is a graduate of Georgetown University Law Center, as well as Georgetown University College of Arts and Sciences.
Christopher Hudgins joins CPSC as the Director of the Office Legislative Affairs (OLA). Chris brings a depth of experience to this office as well as a good understanding
of CPSC. Since 2008, Chris has served as Vice President, Government Relations and Policy at the International Sleep Products Association (ISPA). In conjunction with his job at ISPA, Chris also served as Vice President, Industry and External Affairs for the Mattress Recycling Council since June 2013. In addition, he has previously held positions with the Association of Home Appliance Manufacturers (AHAM) as well as the National Prostate Cancer Coalition. Chris graduated from the University of Richmond with a Bachelor of Arts in Political Science.
Finally, I welcomed Charlene Swartz McGowan to my office as my Senior Counsel. Charlene was Special Assistant to Commissioner Mohorovic and I am pleased to have her join my team. Prior to joining the CPSC in June of 2017, Charlene served as Assistant Attorney General, Regulated Industries and Consumer Protection Units, in the Office of the Georgia Attorney General and also previously was in private practice with Kilpatrick, Townsend & Stockton, LLP. Charlene is a graduate of the University of Georgia School of Law, and Taylor University with a Bachelor of Arts in Political Science.
Organohalogen Flame Retardants (OFRs)
In September, the Commission voted 3-2 to grant a petition requesting CPSC to ban a large class of flame retardants in four classes of products. It did so against the recommendation of the CPSC staff. In addition, the Commission majority also directed staff to convene a Chronic Hazard Advisory Panel (CHAP) on the same substances and product classes, and issued a guidance document, prepared by the majority and their staff, recommending against the use of the same fire retardants in the same class of products. I voted against the measures because it commences the rulemaking process without having the data needed to move forward, as advised by CPSC staff. I have no objection to study of the issue and even proposed an amendment that would have allowed a vote on convening a CHAP prior to the vote on disposition of the petition. To me, it made more sense to defer the petition and convene a CHAP than launch rulemaking in spite of the data gaps identified by our staff.
Phthalates
In October, the Commission voted 3-1 to issue a final rule on phthalates. The Commission’s final rule on phthalates represents the culmination of a massive effort spanning almost a decade. I thank the CPSC staff for their contributions to this matter. They not only assisted the CHAP in developing the report that is the primary basis for the rule, but also analyzed a great deal of scientific data—particularly exposure data—that was not addressed in the CHAP report. They also reviewed and responded to many public comments that involved highly technical points. The Staff Briefing Package is voluminous, but it was well-organized and addressed a wide range of issues. The legal memo from the Office of General Counsel is also very helpful in making an incisive and candid assessment of many challenging legal questions under section 108 of the Consumer Product Safety Improvement Act of 2008 (CPSIA), 15 U.S.C. § 2057c, and other statutes. For my detailed thoughts on this issue, please read my full statement.
FY2018 Operating Plan
On October 24th, the Commission unanimously approved CPSC’s FY 2018 Operating Plan as amended. The final operating plan was a result of staff work and robust engagement among the Commissioners. We found common ground on a number of issues and I believe the FY18 Operating Plan reflects the key areas where the CPSC can be most effective in carrying out our safety mission, including: a focus on risk, particularly the risks posed by emerging technologies, import surveillance, collaboration and engagement with all of our stakeholders, enhancing the agency’s data capabilities, and the effectiveness of our educational campaigns. Going forward, I am particularly interested to see what staff is able to learn and accomplish in the areas of lithium-ion batteries, Internet of Things technology, data capabilities, and recall effectiveness.
Tipover ANPR
In November, the Commission approved an Advanced Notice of Proposed Rulemaking (ANPR) on Furniture Tipovers by a vote of 4-0. While I do have concerns with some of the packages conclusions, I voted in support of the ANPR because I believe the Commission would benefit from input from all stakeholders on how to most appropriately address this issue. I strongly encourage interested parties to submit comments in response to the information.
Burden Reduction Request for Information (RFI)
In June of 2017, a RFI was published in the federal register looking for suggestions from stakeholders regarding burden reduction. Comments were received and currently are being reviewed by staff. Thank you to all who took the time to comment. I will provide additional information as it becomes available. Many of the suggestions were very useful and I am hopeful some will get implemented.
2017 was a busy year. The agency saw a transition in leadership, a change in the Commission with the departure of Commissioner Mohorovic, and a number of challenging issues for staff and stakeholders to tackle. I am incredibly proud of the work that we have did last year and look forward to our continued collaboration in 2018.
I hope that you and your loved ones had a safe and happy holiday, and that the New Year brings you many blessings. I look forward to seeing many of you at the upcoming ICPHSO conference. Me and my staff, as well as numerous members of the agency’s staff, will participate throughout the week and especially on CPSC day.
Sincerely, Ann Marie
Ann Marie Buerkle
Acting Chairman
U.S. Consumer Product Safety Commission
