Delegations of Commission Authorities Were to Feldman

CPSC Acting-Chairman Peter Feldman received sole power to take steps usually involving a commission majority, including publishing rulemaking actions. This came under the delegation activity announced a few days before the August 22 departure of ex-Commissioner Douglas Dziak, which has led to the loss of a commission quorum.

Under three memos (bit.ly/4oYBIX2, bit.ly/47JOkeg, bit.ly/4lNAc7d), made available August 22, Feldman has the powers – among others – to:

• Order publication of final rules, direct final rules, notices of proposed rulemaking, advance notices of proposed rulemaking, and requests for information plus items like hearing notices and Paperwork Reduction Act actions.

 

• Approve, disapprove, or take "any other lawful action" on petitions.

 

• Approve, disapprove, or take "any other lawful action" on revisions to incorporated voluntary standards.

 

• Approve, disapprove, or take "any other lawful action" on accreditations of firewalled third-party labs.

 

• Approve, disapprove, or take "any other lawful action" on ATV action plans.

 

• Conduct hearings.

 

• Initiate, approve, disapprove, or appeal civil and criminal cases and take other legal steps.

 

• Update maximum civil penalties.

 

• Approve civil penalty amounts to be sought.

 

• Approve civil penalty settlements.

 

• Approve expedited health and safety notices.

 

• Retract inaccurate information under 6(b).

 

• Take steps in the adjudicative proceedings process, including issuing complaints, appointing presiding officers, accepting or rejecting settlements, and more.

All three delegation memos state that if a new commissioner arrives, then the chairman must get agreement before using any of the powers.

CPSA section 4(f)(1) defines the chairman as the "principle executive officer of the Commission" and elsewhere the law refers to commissioners parenthetically or tangentially as "officers." Section 27(b)(10) allows the commission to delegate most authorities to any "officer or employee" of CPSC. But there is no formal definition of officer.

Indeed, some CPSA references to "officers" involve high-ranking employees. Lost-quorum delegations earlier this century (PSL, 8/11/25) focused on "officers" as described in section 4(g)(1)(A), primarily to the executive director and general counsel but to others like the compliance director.

A 2007 delegation memo (bit.ly/46KpE4R) did give then-Acting Chairman Nancy Nord restricted power to appoint staff. However, it and a later 2008 delegation memo (bit.ly/4fq7mZ3) distributed most powers among high-level staffers, and there were limits. For example, the publishing of rulemaking was explicitly restricted to items that got majority commission approvals prior to the lost quorums.

Those frameworks were the results of 2-0 agreements between Nord, a Republican, and then-Commissioner Thomas Moore, a Democrat. That included Nord's appointments decisions being contingent on the agreement of Moore.

Unrelated to loss of quorum, the commission also delegates authorities to staff in the general course of business. The executive director is the frequent recipient, especially involving basic agency administration. The list of such currently active delegations is at bit.ly/3JyYwMI.