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B-334879 Jun 08, 2023 1 (2023-06-08)

handle is hein.gao/gaootu0001 and id is 1 raw text is: 




            G   ¢    U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-334879


June 8, 2023

The Honorable Maria Cantwell
Chair
The Honorable Ted Cruz
Ranking Member
Committee on Commerce,  Science, and Transportation
United States Senate

The Honorable Cathy McMorris Rodgers
Chair
The Honorable Frank Pallone, Jr.
Ranking Member
Committee on Energy and Commerce
House of Representatives

Subject: Consumer Product Safety Commission: Safety Standard for Clothing Storage Units

Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Consumer Product Safety Commission (CPSC) entitled Safety Standard for
Clothing Storage Units (CPSC-2017-0044).1 We received the rule on December 16, 2022.
It was published in the Federal Register as a final rule on November 25, 2022. 87 Fed.
Reg. 72598. The effective date is May 24, 2023.


1 GAO received this major rule on December 16, 2022. When assessing compliance with the
60-day delay, we reviewed the Congressional Record to see if the rule had been received by
both houses of Congress. The Congressional Record showed the House of Representatives
received the rule on December 23, 2022. 168 Cong. Rec. H10540 (daily ed. Dec. 30,
2022). The Record did not indicate whether the Senate received the rule. We reached out to
the agency to seek documentation of receipt by the Senate. Email from Senior Attorney, GAO,
to Assistant General Counsel, CPSC, Subject: RE: Congressional Review Act - Safety Standard
for Clothing Storage (Mar. 30, 2023). The agency stated it did not have the requested
documentation but did submit the rule to the Senate. Email from Assistant General Counsel,
CPSC,  to Senior Attorney, GAO, Subject: RE: Congressional Review Act - Safety Standard for
Clothing Storage (Mar. 30, 2023). Based on this information, we held this report until we could
confirm Senate receipt. On May 4, 2023, CPSC published a new final rule in the Federal
Register. 88 Fed. Reg. 28403. In this rule, CPSC stated a new final rule was required under
the STURDY  Act because a voluntary standard had been adopted by industry. In the new final
rule, CPSC stayed the original rule so that it would not take effect. Id. at 28406. Because the
original rule will not take effect, we determined holding this report was no longer necessary. We
are issuing this report nevertheless to fulfill our reporting responsibility with regard to the original
rule.

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