[Federal Register: November 30, 1998 (Volume 63, Number 229)] [Notices] [Page 65755] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr30no98-46] ======================================================================= ----------------------------------------------------------------------- CONSUMER PRODUCT SAFETY COMMISSION Commission Finding That Shortens Periods For Issuing Information On Mesh Playpens AGENCY: Consumer Product Safety Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Commission finds that certain mesh playpens present a potential hazard to children and that, to protect the public health and safety, the customary manufacturer comment and notification periods preceding public release of certain information shall be shortened. FOR FURTHER INFORMATION CONTACT: William J. Moore, Jr., Trial Attorney, Office of Compliance, Consumer Product Safety Commission, Washington, DC 20207; telephone: (301) 504-0626 ext. 1348. SUPPLEMENTARY INFORMATION: A. Background The Commission staff negotiated with the manufacturers of mesh playpens to recall many models with protruding rivets, catchpoints for pacifier cords and children's clothing, that lead to strangulation of toddlers. The manufacturers of the playpens are Graco Children's Products, Inc., Bilt-Rite, Pride Trimble Corp., Pride Trimble, Inc., Kolcraft Enterprises, Inc., Hufco-Delaware, Evenflo Co., Inc., and Strolee Co. The staff prepared a video news release (VNR), and provided the manufacturers with the opportunity to comment on it beginning on November 10. The staff received comments from the manufacturers, worked with them, and made some requested changes. The staff informed the manufacturers that it would issue the VNR on November 24. B. Statutory and Regulatory Provisions Under section 6(b)(1) of the Consumer Product Safety Act (CPSA), 15 U.S.C. 2055(b)(1), the Commission must provide manufacturers or private labelers with at least 30 days advance notice before disseminating information that identifies the manufacturer's product. In addition, section 6(b)(2) of the CPSA, 15 U.S.C. 2055(b)(2), requires at least 10 days additional notice if the manufacturer or private labeler claims that the information to be released is inaccurate. However, the Commission may provide lesser periods of notice, in both cases, if ``the Commission finds that the public health and safety requires a lesser period of notice.'' Under the CPSA and the Commission's regulations, the Commission must publish its ``public health and safety'' findings in the Federal Register. 16 CFR 1101.23(b) and (c) and 1101.25(b) and (c). Disclosure of the information in the VNR may be made concurrently with the filing of the Federal Register notice, and need not await its publication. C. Commission Finding The Commission finds that the public health and safety requires less notice than the periods of time specified in section 6(b) of the Consumer Product Safety Act. Specifically, the 30-day period is reduced to the period from November 10 until November 23 for the video news release. In addition, the 10-day period is reduced to the period from November 23 until November 24, 1998. Dated: November 24, 1998. Sayde E. Dunn, Secretary of the Commission. [FR Doc. 98-31775 Filed 11-27-98; 8:45 am] BILLING CODE 6355-01-P