COMMENTS SUMMARY

NCLA submitted the commentary in response to the direct final rule proposed by the Consumer Product Safety Commission (CPSC), Revisions to Safety Standard for Children’s Folding Chairs & Stools, 85 Fed. Reg. 18111 (April 1, 2020) (Proposed Rule).

NCLA sincerely appreciates this opportunity to comment and express its concerns about the Proposed Rule. It is important to note, however, that the public’s ability to participate meaningfully in notice-and-comment rulemaking is drastically undermined by CPSC’s refusing to provide free and open access to the safety standards (or revisions thereto) it proposes. Considering the constraints imposed by CPSC’s secret lawmaking, NCLA confines its commentary to procedural objections.

Due process requires that the government, at a minimum, adequately inform the public of its legal obligations before proceeding to hold the public accountable for proscribed conduct. Forcing the public to pay for access to the law offends due process and basic notions of fairness. The Proposed Rule continues an odious trend of CPSC’s incorporating private standards into the law only by reference, thereby hiding the law behind a paywall. The Proposed Rule is therefore unconstitutional and must not be enacted as written.