CPSC Rule Making Process…How does it work?

In a nutshell there are  3 voting periods and 3 comment periods which can last 30-90 days then the final ruling.  Typically Industry is given a year but not always guaranteed a year.

Optional Step: Advance Notice Proposed Rulemaking

  • Staff directed to prepare briefing package for possible advance notice of proposed rulemaking (ANPR)
  • Staff completes ANPR briefing package (including description and market information about product; discussion of incidents involving product; summery of any existing standards; overview of alternatives to address risk).
  • Package is reviewed by the Office of the General Counsel (OGC) (which prepares a legal memorandum as part of the package) and transmitted to the Commission via the Office of the Secretary
  • Staff briefs Commission
  • Commission decision meeting directing staff to prepare ANPR
  • Staff transmits its draft ANPR to Commission
  • Commission votes by ballot to publish ANPR
  • ANPR published in the Federal Register
  • 30-90 day Public comment period on ANPR closes

Notice and Comment Rulemaking or Informal Rulemaking:

The Proposed Rule Stage

  • Staff directed to prepare briefing package for possible notice of proposed rulemaking (NPR)
  • Staff completes NPR briefing package (includes draft proposed technical standard; justification for proposed requirements; response to significant issues raised by ANPR comments {if ANPR exists}; preliminary regulatory analysis; an analysis of potential impact on small business). Package is reviewed by the OGC (which prepares a legal memorandum as part of the package) and Transmitted to the Commission via office of the Secretary
  • Staff briefs Commission
  • Commission decision meeting directing staff to prepare draft NPR
  • Staff transmits draft NPR to Commission
  • Commission votes by ballot to publish NPR
  • NPR published in the Federal Register
  • 30-90 day Public comment period on NPR closes

Notice and Comment Rulemaking or Informal Rulemaking:

The Final Rule Stage

  • Staff completes final rule briefing package (includes final technical standard; justification (or final requirements; responses to Significant issues raised by NPR comments; final regulatory analysis; analysis of potential impact on small business). Package is reviewed by the OGC(which prepares a legal memorandum as part of the package) and transmitted draft final to Commission via office of the Secretary
  • Staff briefs Commission
  • Commission decision meeting directing staff to prepare draft final rule
  • Staff transmits draft final rule to Commission
  • Commission votes by ballot to publish final rule
  • Final Rule published in the Federal Register
  • Staff briefs Commission
  • Commission decision meeting directing staff to prepare draft final rule
  • Staff transmits draft final rule to Commission
  • Commission votes by ballot to publish final rule
  • Final Rule published in the Federal Register