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Time Running Out for Consumer Safety Agency

Six-month reprieve expires soon; Congress, White House stalemated

By Joseph S. Enoch
ConsumerAffairs.com

January 22, 2008

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When Cinderella's time ran out, she at least was left with a glass slipper as a souvenir. But when the clock strikes midnight on Feb. 2, the U.S. Consumer Product Safety Commission may not have even that much.

For years, the beleaguered agency has been trying to pass tougher flammability standards for upholstered furniture and stricter rules for All-Terrain Vehicles (ATVs). But it may not be able to do so before its temporary operating authority expires on Feb. 3.

The agency needs three commissioners to enact new rules or impose major fines. But its last chairman, Hal Stratton, quit abruptly in July 2006 to become a lobbyist and Michael Baroody, the lobbyist the Bush White House proposed as a replacement, quit in May 2007 before the Senate could vote on his nomination.

Congress came to the rescue last summer, giving the agency a six-month reprieve, but it expires in less than two weeks and it's not certain that Congress -- distracted by an imploding economy -- will grant an extension.

Even if Congress passes new legislation to boost the agency's power, the Bush White House may sit on its hands, declining to nominate new commission members.

During its reprive, the commission has passed revisions to garage door safety standards, made technical amendments to the flammability standards for carpets and rugs, devised a regulatory plan and agenda for 2008 and directed the staff to draft a notice of proposed rulemaking -- known as an NPR -- toughening flammability standards for upholstered furniture, said agency spokesperson Julie Vallese.

Vallese said the two commissioners -- acting chair Nancy Nord, a Republican, and Democrat Thomas Moore -- have made the best of their temporary authority and may tackle more votes before the deadline.

Tree stands and ATVs

Earlier this month, a Wisconsin company agreed to pay a $420,000 civil penalty because it failed to freport problems with its "Big Foot" and "Lite Foot" tree stands, putting hunters at risk of toppling out of trees as they wait to bag their trophy.

The tree stand fine was one of three fines totaling $1.5 million levied by the temporarily empowered commissioners, Vallese said.

No question hunter safety is important but public attention has been riveted on dangerous toys from China and safety advocates are a lot more concerned about children dying in ATV than about hunters falling on their swords.

According to the CPSC's own figures, ATV-related injuries in children under the age of 16 more than doubled from 1995 to 2005 with 40,400 kids treated in hospital emergency rooms nationwide in 2005. This figure represents nearly one-third of all ATV-related injuries treated that year.

Child fatalities resulting from ATV accidents have also nearly doubled since 1995 with 120 reported deaths in 2005.

Vallese said the commission is not done yet and plans to make the best of their final two weeks of quorum.

“There is an anticipation that the commission will vote on the NPR of a flammability standard of upholstered furniture,” Vallese said. “That is something the agency through numerous different commissions have been working on.”

She also said the agency may set in motion proposals to upgrade ATV safety which the agency has worked on for more than 20 years.

“A year ago the commission directed staff to conduct a number of different research projects on ATVs and I think within the next two weeks you can anticipate seeing a summary of those research projects in the status report so that the agency will be moving forward on ATVs in preparation of having some real advancement sometime this summer,” Vallese said.

CPSC Reform Act

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The agency's most likely route to regaining statutory quorum is through the CPSC Reform Act of 2007, sponsored by Sen. Mark Pryor (D-Ark.) and awaiting full Senate approval.

“In anticipation of this (Feb. 3) deadline, I have included a nine-month extension to the CPSC’s short-quorum authority in the CPSC Reform Act of 2007,” Pryor wrote in an e-mail. “It is one of many elements in this bill meant to strengthen the agency’s ability to protect consumers from unnecessary harm and restore confidence in our marketplace.”

“I urge the Senate leadership to schedule floor time for consideration of this very important bill as soon as possible, and I am 100 percent committed to working for its passage,” Pryor continued.

A similar bill which unanimously passed the House just before the holiday recess, is also awaiting Senate approval.

If Senate Majority Leader Harry Reid (D-Nev.) decides to proceed with the House bill, it is likely that a similar nine-month clause would be added during the conference period, said Rachel Weintraub, director of product safety at the nonprofit Consumer Federation of America.

The Senate bill would also expand the CPSC to a five-commissioner agency for the first time since the 1970s. However, President Bush would to nominate commissioners to fill the vacancies.

When Stratton quit abruptly in July 2006, it took Bush until March 2007 -- ten months -- to nominate National Association of Manufacturers lobbyist Michael Baroody as his replacement. Former CPSC chair Ann Brown called the nomination "laughable." Others were even less kind and Baroody stepped aside on May 23, just before a Senate committee was set to vote on his nomination.

Stratton, a former New Mexico politician and Bush campaign official, resigned effective July 15, 2006 without bothering to make a public announcement. He left his resignation letter with Commissioner Nord.

The CPSC has had only two commissioners since then, the longest period in its 36-year history that it has lacked a quorum.

The White House has said nothing about its plans for the CPSC since Baroody's nomination fizzled. It's possible -- indeed, many observers think it's likely -- that Bush will not make any more nominations, presumably to punish the Democratic Congress for opposing Baroody.

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