It found that Milice was required to challenge the rule in court within 60 days of its promulgation, which it said was the initial publication in September 2019. Circuit last month dismissed Milice's petition as time-barred without ruling on the merits. The NCLA filed a comment within the 30-day window, but the CPSC did not respond to it until after the rule became final in December 2019.Ī three-judge panel of the D.C. The direct final rulemaking process is intended for uncontroversial rules for which the agency does not expect adverse comments. It was a direct final rule, meaning that, rather than the full notice and comment rulemaking process, the CPSC said the rule would become final in December 2019 unless it received a significant adverse comment within 30 days after the announcement. The CPSC first announced the rule in September 2019. Milice argued that the CPSC must take responsibility for ensuring rules' availability to the public. Milice alleged that, when she asked the agency for the standards, it directed her to purchase a copy from ASTM for more than $50 or to travel to the agency's office in Bethesda, Maryland, where she could view, but not photocopy, the full text.ĪSTM later made the standards public on its website, but not until after the rule took effect. The rule adopted standards developed by private standards-setting body ASTM International, which were not freely available to the public, by simply referring to them in the Federal Register. The dispute arose from Milice's petition challenging a CPSC rule on manufacturing standards for infant bath seats.
The CPSC did not immediately respond to a request for comment. Petitioner Lisa Milice, represented by Jared McClain of the New Civil Liberties Alliance (NCLA), argued in a petition for en banc review this week that the panel's ruling would make it difficult for the public to challenge so-called "direct final rules" passed by agencies without notice and comment periods. Court of Appeals to revive her challenge to a recent Consumer Product Safety Commission standard for infant bath seats on the grounds that the standard was not made available to the public and that a panel wrongly dismissed her case as time-barred. (Reuters) - A mother has asked the full D.C. We welcome feedback, which you can provide using the feedback tab on the right of the page. We are improving this feature as we continue to test and develop in beta. The company and law firm names shown above are generated automatically based on the text of the article.
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