U.S. Senators Maria Cantwell and Gary Peters have raised concerns over the Trump Administration's handling of a proposed safety rule by the Consumer Product Safety Commission (CPSC) concerning lithium-ion batteries. The Senators addressed their inquiries to Oliver Potts, Director of the Federal Register, and Peter Feldman, Acting Chairman of the CPSC, questioning why a proposed rule aimed at preventing fires caused by lithium-ion batteries was withdrawn from publication.
The proposed rule sought to establish new safety standards for lithium-ion batteries used in consumer products like e-bikes and electric scooters. The CPSC had approved this notice of proposed rulemaking but it was not published as expected in the Federal Register. Instead, an editorial note stated that the proposal was withdrawn without explanation.
Senators Cantwell and Peters expressed serious concerns about potential violations of federal law due to this withdrawal. They requested comprehensive documentation on who directed this action and whether any Executive Branch officials were involved.
Despite approval from three Democratic Commissioners at the CPSC for publishing the rule, two Republican Commissioners opposed it based on an executive order by President Trump requiring White House clearance for significant regulatory actions by independent agencies before publication.
After legal intervention reinstated three Democratic Commissioners who were dismissed without cause, there remains uncertainty as to why the proposed rule has yet to be published. The Senators have asked for detailed records related to communications about this withdrawal from various governmental bodies including those within or associated with NARA and OMB.
The full letters sent by Sens. Cantwell and Peters are available online for public review.
