CPSC to Start Retrospective Review in FY 2012, no Mention of Scope
Chairman Tenenbaum of the Consumer Product Safety Commission sent a letter to the Office of Management and Budget on August 29, 2011 stating that CPSC will start a retrospective review of its regulations in fiscal year 2012, which begins October 1.
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The letter is in response to a July Presidential Memorandum encouraging independent agencies to take part in the Administration’s efforts to analyze existing regulations to determine whether any should be modified, streamlined, expanded, or repealed.1
Staff to Review Certain Rules, Seek Comment, Make Recommendations
Subject to final approval by the Commission, CPSC's review will include staff consideration of certain substantive rules each year, public comment, and recommendations to the Commission in order to eliminate, strengthen, complement, or modernize these rules, as appropriate.
No Mention of Scope, but Tenenbaum Previously Said CPSIA Would Be Excluded
Note that the letter does not mention any specific rules that will be reviewed. Despite calls from stakeholders in July to include Consumer Product Safety Improvement Act of 2008 (CSPIA) rules in any CPSC regulatory review effort, Chairman Tenenbaum has stated that they will not be included since Congress explicitly exempted CPSIA rules from many of CPSC’s traditional rulemaking requirements.
(See ITT's Online Archives or 07/12/11 and 07/21/11 news, 11071249 and 11072115, for BP summaries of Chairman Tenenbaum and other Commissioners’ statements and stakeholder comments.)
1In January 2011, the President issued Executive Order 13563 asking federal agencies to reassess existing regulations and to follow cost-saving, burden-reducing principles for future regulations. Though independent agencies like CPSC were exempt, the President issued another EO in July 2011, encouraging them to participate. (See ITT's Online Archives or 01/19/11 and 07/12/11 news, 11011915 and 11071229, for BP summaries.)