Trump Administration buries CPSC’s safety proposal protecting Americans from lithium-ion battery fires, pulling it from the Federal Register

WASHINGTON, D.C. – U.S. Senators Maria Cantwell (D-Wash.), Ranking Member of the Senate Committee on Commerce, Science and Transportation, and Gary Peters (D-Mich.), Ranking Member of the Senate Committee on Homeland Security and Governmental Affairs, demanded documents and information from Director of the Federal Register Oliver Potts and from Consumer Product Safety Commission (CPSC) Acting Chairman Peter Feldman about the unexplained withdrawal of a proposed safety rule that would help protect American consumers from fires caused by lithium-ion batteries despite a vote by the CPSC approving it.

“Although the Consumer Product Safety Commission (CPSC) approved a notice of proposed rulemaking to establish a safety standard for lithium-ion batteries (the NPR), your Office has failed to publish the NPR as directed by the CPSC without any explanation,” the Senators wrote in a letter to Director Potts. “We have serious concerns about who directed you to withdraw the NPR and whether these actions violate federal law.”

Under the Federal Register Act and its implementing regulations, the Director of the Federal Register is responsible for “the prompt and uniform publishing” of regulations and notices of proposed rulemaking submitted by executive branch officials.

“Notwithstanding the law and CPSC’s clear directive, on June 23, 2025, the Federal Register still had not published the NPR on lithium-ion batteries and instead displayed a brief ‘editorial note’ that the NPR ‘was withdrawn by the Director of the Federal Register,’ without any explanation of why your Office has ‘withdrawn’ the NPR,” their letter continued.

Sens. Cantwell and Peters demanded Potts provide key documents and information including: “A complete list of every Executive Branch official outside the Office of the Federal Register who contacted your Office about, or was otherwise involved in, the withdrawal of the NPR on lithium-ion batteries, including any official in the White House, Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), the so-called Department of Government Efficiency (DOGE), National Archives and Records Administration (NARA), or CPSC.”

The Senators also wrote to CPSC Acting Chairman Feldman—who publicly opposed the NPR and led his own attempt to withdraw it—demanding he provide, “A complete list of every Executive Branch official outside the CPSC with whom you or your staff have had contact regarding the NPR on lithium-ion batteries since April 30, 2025,” including any White House official.

Lithium-ion batteries are used in various consumer products, including micromobility devices like e-bikes and electric scooters. The proposed rule would establish a new safety standard for lithium-ion batteries used in micromobility products. Defective lithium-ion batteries can explode or overheat and cause deadly fires. Faulty lithium-ion batteries have been linked to numerous home and apartment fires. The CPSC is aware of 39 deaths associated with lithium-ion batteries from 2019 through 2023.

The full text of the Senators letters to Potts and Feldman are below and can be found HERE and HERE.

Mr. Potts:

We are requesting documents and information regarding your action to withdraw a proposed safety rule from the Federal Register that would help protect Americans from deadly and destructive fires caused by lithium-ion batteries in e-bikes and other small, electric vehicles. Although the Consumer Product Safety Commission (CPSC) approved a notice of proposed rulemaking to establish a safety standard for lithium-ion batteries (the NPR),^[1] your Office has failed to publish the NPR as directed by the CPSC without any explanation. We have serious concerns about who directed you to withdraw the NPR and whether these actions violate federal law.

On April 30, 2025, the CPSC voted 3 to 2 to approve and publish in the Federal Register an NPR on lithium-ion batteries used in micromobility products such as e-bikes and e-scooters.^[2] If finalized, this rule would implement key safety reforms to protect Americans from deadly lithium-ion battery fires, including by combating overcharging and use of incompatible chargers that could trigger fires. The severity of these safety risks is not hypothetical. From 2019 to 2023, the CPSC identified 181 injuries and 39 deaths from hazards associated with lithium-ion batteries, predominantly from fire-related incidents.^[3] A Commissioner voting in favor of the NPR noted how one e-bike caused a fire in a high-rise apartment building—injuring dozens—and warned, “Any delay would have condemned more Americans to gruesome deaths.”^[4]

The two Republican Commissioners who voted against the proposed rule on April 30, 2025, did not dispute its merits. Instead, they claimed the NPR ran afoul of President Trump’s February 18, 2025, executive order declaring the White House must clear “all proposed and final significant regulatory actions” of “so-called independent agencies” like the CPSC before publication in the Federal Register.^[5]The three Democratic Commissioners who voted to advance the proposed rule made clear the Commission would follow the law and longstanding practice as Congress intended, under which independent agencies like the CPSC do not defer to the White House on their rulemaking processes.^[6] 

On May 8, 2025—eight days after the CPSC voted to approve the NPR—President Trump tried to fire all three Democratic Commissioners without cause despite the clear, congressionally-mandated protections for CPSC Commissioners.^[7] One week later, the two Republican Commissioners hastily held a “time critical” vote to withdraw the NPR on lithium-ion batteries days before it was set to be published in the Federal Register.^[8]

Fortunately, on June 13, 2025, a federal district court ruled President Trump acted unlawfully when he terminated the three Democratic Commissioners without cause and ordered their reinstatement to the CPSC.^[9] On June 17, 2025, the fully restored CPSC notified the Office of the Federal Register that the attempted withdrawal of the NPR was “null and void” and directed the proposed rule to be published in the Federal Register.^[10] 

As the Director of the Federal Register, Congress made you responsible for “the prompt and uniform publishing” of various government documents,^[11] including “regulations, and notices of proposed rulemaking and other notices, submitted to the Director by officials of the executive branch of the Federal Government .”^[12] Under the Federal Register Act and its implementing regulations, you are “responsible for the central filing” of these documents.^[13]

Notwithstanding the law and CPSC’s clear directive, on June 23, 2025, the Federal Register still had not published the NPR on lithium-ion batteries and instead displayed a brief “editorial note” that the NPR “was withdrawn by the Director of the Federal Register,”^[14] without any explanation of why your Office has “withdrawn” the NPR. Since then, the same U.R.L. leads to a “404 Not Found” error, and the NPR still does not appear to be published.^[15] Meanwhile, each day that goes by without a final rule we risk more fatal accidents stemming from lithium-ion battery fires that could be prevented with commonsense safety reforms like those in the NPR. 

Given these concerning actions, please provide the following documents and information no later than July 30, 2025:

1. A complete list of every Executive Branch official outside the Office of the Federal Register who contacted your Office about, or was otherwise involved in, the withdrawal of the NPR on lithium-ion batteries, including any official in the White House, Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), the so-called Department of Government Efficiency (DOGE), National Archives and Records Administration (NARA), or CPSC.
2. A complete description of the rationale for withdrawing the NPR on lithium-ion batteries, including the legal justification and authority supporting your action under the Federal Register Act, Administrative Procedure Act, or any other applicable statute or regulation.
3. A complete list of any other proposed rules you have withdrawn in your capacity as the Director of the Office of the Federal Register based on the same rationale detailed in response to item #2 above.
4. All documents and communications referring or relating to the NPR on lithium-ion batteries since April 30, 2025, between your Office and:
1. Any White House official, including any official in OMB, OIRA, or DOGE;
2. Any Commissioner, officer, employee, or other official associated with the CPSC; and
3. Any officer, employee, or other official associated with NARA, including in the office of the Acting Archivist of the United States.

Sincerely,

Acting Chairman Feldman:

We are requesting documents and information regarding the extent to which your Office was involved in the action to withdraw a proposed safety rule from the Federal Register that would help protect Americans from deadly and destructive fires caused by lithium-ion batteries in e-bikes and other small, electric vehicles. Although the Consumer Product Safety Commission (CPSC) approved a notice of proposed rulemaking to establish a safety standard for lithium-ion batteries (the NPR),^[16] the NPR was removed from the Federal Register website without any explanation—after you had publicly opposed the NPR and led your own attempt to withdraw it. We have serious concerns about who directed the Office of the Federal Register to withdraw the NPR and whether these actions violate federal law.

As you know, on April 30, 2025, the CPSC voted 3 to 2 to approve and publish in the Federal Register an NPR on lithium-ion batteries used in micromobility products such as e-bikes and e-scooters.^[17] If finalized, this rule would implement key safety reforms to protect Americans from deadly lithium-ion battery fires, including by combating overcharging and use of incompatible chargers that could trigger fires. The severity of these safety risks is not hypothetical. From 2019 to 2023, the CPSC identified 181 injuries and 39 deaths from hazards associated with lithium-ion batteries, predominantly from fire-related incidents.^[18] A Commissioner voting in favor of the NPR noted how one e-bike caused a fire in a high-rise apartment building—injuring dozens—and warned, “Any delay would have condemned more Americans to gruesome deaths.”^[19]

Nonetheless, you and your fellow Republican Commissioner voted against the proposed rule on April 30, 2025—not because you disputed the merits of the safety reforms it advances, but because you claimed the NPR ran afoul of President Trump’s February 18, 2025, executive order declaring the White House must clear “all proposed and final significant regulatory actions” of “so-called independent agencies” like the CPSC before publication in the Federal Register.^[20] We have serious reservations about your interpretation of this executive order, which contradicts Congress’s deliberate decision to structure the CPSC as an independent agency insulated from precisely these types of political pressures.^[21]  

On May 8, 2025—eight days after the CPSC voted to approve the NPR over your objections—President Trump tried to fire all three Democratic Commissioners without cause despite the clear, congressionally-mandated protections for CPSC Commissioners.^[22] In the wake of President Trump’s illegal action, you held a “time critical” vote on May 13, 2025, at which you and your fellow Republican Commissioner sought to withdraw the NPR on lithium-ion batteries days before it was set to be published in the Federal Register.^[23] 

Fortunately, on June 13, 2025, a federal district court ruled President Trump acted unlawfully when he terminated the three Democratic Commissioners without cause and ordered their reinstatement to the CPSC.^[24] On June 17, 2025, the fully restored CPSC notified the Office of the Federal Register that the attempted withdrawal of the NPR was “null and void” and directed the proposed rule to be published in the Federal Register.^[25]  You and your fellow Republican Commissioner notably abstained from this vote.^[26]

Under the Administrative Procedure Act, all federal agencies “shall” publish a notice of proposed rulemaking in the Federal Register, subject to limited exemptions that do not appear applicable to the NPR on lithium-ion batteries.^[27]

Notwithstanding the law and CPSC’s clear directive to publish the NPR, on June 23, 2025, the Federal Register still had not published the proposed rule and instead displayed a brief “editorial note” that the NPR “was withdrawn by the Director of the Federal Register” without any explanation of why the NPR was “withdrawn.”^[28] Since then, the same U.R.L. leads to a “404 Not Found” error, and the NPR still does not appear to be published.^[29] Meanwhile, each day that goes by without a final rule we risk more fatal accidents stemming from lithium-ion battery fires that could be prevented with commonsense safety reforms like those in the NPR.  

Given these concerning actions, please provide the following documents and information no later than July 30, 2025:

5. A complete list of every Executive Branch official outside the CPSC with whom you or your staff have had contact regarding the NPR on lithium-ion batteries since April 30, 2025, including any official in the White House, Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), the so-called Department of Government Efficiency (DOGE), National Archives and Records Administration (NARA), or the Office of the Federal Register. Please specify the date(s) on which each such contact occurred.  
6. A complete description of the extent to which you or your staff were involved in, had discussions about, or were otherwise aware of the effort to withdraw the NPR on lithium-ion batteries.
7. All documents and communications referring or relating to the NPR on lithium-ion batteries since April 30, 2025, between you or your staff and:
1. Any White House official, including any official in OMB, OIRA, or DOGE;
2. Any officer, employee, or other official associated with the Office of the Federal Register; and
3. Any officer, employee, or other official associated with NARA.

Sincerely,

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