The Consumer Safety Agency, Stalled by Room at the Top

Nord and Moore voted on Jan. 12 to delegate some of their authority to the staff, so some pending civil penalties could be assessed and voluntary recalls conducted.

This partial authority doesn't help David Baker, a lawyer in Washington who represents the Lighter Association, a trade group for manufacturers and distributors of lighters in the United States.

He petitioned the agency in 2001, asking that it set a mandatory safety standard for lighters on the grounds that imports, particularly from China, don't meet the standard that U.S. manufacturers, such as Zippo Manufacturing and Bic now meet.

"It does affect us," Baker said. "I thought there might be a decision before they lost quorum."

Rick Locker, counsel to the Toy Industry Association and the Juvenile Products Manufacturers Association, said the agency is crippled because it can't file a suit or vote on a rule. He said the companies he represents would like to see the agency have the funding to work on uniform international safety standards.

The cure to the quorum problem, of course, is getting someone into the top chair. The strongest candidate appears to be Michael Baroody, executive vice president and top lobbyist for the National Association of Manufacturers. The NAM has challenged commission rules that it thinks go too far or aren't based on scientific evidence.

Emily Lawrimore, a White House spokeswoman, wouldn't comment on Baroody, saying only that no nominee's name has been sent to the Senate.

If nominated, Baroody would have to convince Democrats on the Senate Commerce, Science and Transportation Committee, which oversees the agency, that he would protect consumer interests.

Another possibility is that the White House could give Baroody a recess appointment and sidestep a nomination hearing. Congress isn't in session this week.

In the meantime, Sen. Mark Pryor, a Democrat from Arkansas who is chairman of the committee's consumer affairs subcommittee, is trying to restore the agency's quorum.

He introduced legislation on Feb. 13 to give the two remaining commissioners another six months of authority. His spokeswoman, Lisa Ackerman, said Pryor hopes the bill will "light a fire under the administration to get things moving."

Cindy Skrzycki is a regulatory columnist for Bloomberg News. She can be reached atcskrzycki@bloomberg.net.