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Monday February 13, 2017
Buerkle Takes over as Acting CPSC Chairman
Ann Marie Buerkle is CPSC acting chairman as Elliot Kaye has stepped down. He remains a commissioner. The move is part of the presidential transition. If follows two weeks after commissioners voted 5-0 to make her vice chairman (PSL, 1/30/17), clearing the way for her ascension. She is seen as a prime candidate to receive the nomination to be chairman (non-acting). However, CPSC traditionally gets attention late during transitions – often mid- to late-summer.
CPSC released this statement from her: "I am honored to have the opportunity to lead CPSC as Acting Chairman as the agency transitions under a new Administration," "I thank Elliot Kaye for his service as our Chairman. His contributions to our agency and to safety, especially in the area of brain safety in youth sports, have been invaluable. I appreciate his friendship and support and I am so pleased he will continue to serve on the Commission. I look forward to continuing to work with him, as well as Commissioners Robert Adler, Marietta Robinson, and Joseph Mohorovic, in executing CPSC’s mission." "While we are experiencing a change in leadership, CPSC’s mission remains the same and I look forward to continuing to work closely with all stakeholders in my new position. The work we do at CPSC is so important and we are a far better agency when we collaborate and recognize the contributions of everyone who wants to help us advance our mission." "I will work to enhance relationships so that CPSC can leverage the knowledge, insight, and expertise of the entire consumer product safety community. We are all consumers and what we do at CPSC impacts the lives and livelihoods of all Americans. If we take a thoughtful, collaborative approach, we will impact the culture of product safety in a positive and meaningful way." For now, the panel remains a 3-2 Democratic majority, but Robinson's term officially ends next fall. Her departure would clear the way for a third Republican to join Buerkle and Mohorovic. That person also might be the chairman nominee.
Though in the minority for now, Buerkle's status as acting-chairman will give her more leverage to direct CPSC activities. Areas to watch are those where she has differed with the Democrats, especially the rise in civil penalty amounts (PSL, 5/30/16) and voluntarily following recent White House directives on regulations despite CPSC's exemption as an independent agency (PSL, 2/6/17). She also recently has been critical of the ROV NPR (see this issue), the baby slings rule (PSL, 2/6/17), the procedure behind creating a guide on protective orders and confidentiality agreements (PSL, 12/5/16), and CPSC's authority related to the rulemaking on carbon monoxide emissions from portable generators (PSL, 11/7/16).
Commissioners serve for staggered seven-year terms that run continuously even if vacant and regardless of presidential changes. However, members can stay an extra year to allow time for replacements to be nominated and confirmed. Terms end in Octobers. The current conclusions of CPSC members' tenures (official/extended) are Robinson (2017/2018), Buerkle (2018/2019), Mohorovic (2019/2020), Kaye (2020/ 2021), and Adler (2021/2022). |