[Federal Register: May 14, 2002 (Volume 67, Number 93)]
[Notices]
[Page 34436-34437]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14my02-31]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. 02-2]
In the Matter of DAISY MANUFACTURING COMPANY Inc.;
d/b/a/ Daisy Outdoor Products, 400 West Stribling Drive, Rogers,
Arkansas 72756; Prehearing Conference
AGENCY: Consumer Product Safety Commission.
ACTION: Notice of first prehearing conference.
-----------------------------------------------------------------------
DATES: This notice announces a prehearing conference to be held in the
matter of Daisy Manufacturing Company, Inc. on June 7, 2002 at 10 a.m.
ADDRESSES: The prehearing conference will be in hearing room 420 of the
East-West Towers Building, 4330 East-West Highway, Bethesda, Maryland
20814.
FOR FURTHER INFORMATION CONTACT: Todd A. Stevenson, Secretary, U.S.
Consumer Product Safety Commission, Washington, DC; telephone (301)
504-0800; telefax (301) 504-0127.
SUPPLEMENTARY INFORMATION: This public notice is issued pursuant to 16
CFR 1025.21(b) of the U.S. Consumer Product Safety Commission's Rules
of Practice for Adjudicative Proceedings to inform the public that a
prehearing conference will be held in administrative proceeding under
section 15 of the Consumer Product Safety Act (``CPSA''), 15 U.S.C.
2064 and section 15 of the Federal Hazardous Substances Act (``FHSA''),
15 U.S.C. 1274, captioned CPSC Docket No. 02-2, In the Matter of DAISY
MANUFACTURING COMPANY, Inc. doing business as Daisy Outdoor Products.
The Presiding Officer in the proceeding is United States Administrative
Law Judge William B. Moran. The Presiding Officer has determined that,
for good and sufficient cause, the time period for holding the first
prehearing conference had to be extended to the date announced above,
which date is beyond the fifty (50) day period referenced in 16 CFR
1025.21(a).
The public is referred to the Code of Regulations citation listed
above for identification of the issues to be raised at the conference
and is advised that the date, time and place of the hearing also will
be established at the conference.
Substantively, the issues being litigated in this proceeding are
described by the Presiding Officer to include: Whether certain
identified models of the Daisy Powerline Airgun, designed to shoot BBs
or pellets, contain defects which create a substantial product hazard
defect in that, allegedly, BBs can become lodged within a ``virtual
magazine,'' or fail to feet into the firing chamber, with the
consequences that one may fire or shake the gun without receiving any
visual or audible indication that is still loaded. Consequently, the
complaint asserts that these alleged problems can lead consumers to
erroneously believe that the gun is empty and that such phenomena means
that the gun is ``defective'' within the meaning of section 15 of the
CPSA, 15 U.S.C. 2064 and section 15 of the FHSA, 15 U.S.C. 1274. The
Complaint further alleges that the gun's design, by making it difficult
to determine when looking into the loading port whether a BB is
present, constitutes a ``defect'' under the CPSA and the FHSA and
presents a ``substantial product hazard,'' creating a substantial risk
of injury to consumers, within the meaning of section 15(a)(2), of the
CPSA, 15 U.S.C. 2064(a)(12), and presents a substantial risk of injury
of children under section 15(c)(1) and (c)(2) of the FHSA, 15 U.S.C.
1274(c)(1) and (c)(2). The public should be mindful that these are
allegations only and the CPSC bears the burden of proof in establishing
any violations. Should these allegations be proven, Complaint Counsel
for the Office of Compliance of the U.S. Consumer Product Safety
Commission seeks a finding that these products present a substantial
product hazard and present a substantial risk of injury to children and
that public notification of such hazard and risk of injury be made
pursuant to section 15(c) of the CPSA and that other appropriate relief
be directed, as set forth in the Complaint.
[[Page 34437]]
Dated: May 9, 2002.
Todd A. Stevenson,
Secretary.
[FR Doc. 02-12044 Filed 5-13-02; 8:45 am]
BILLING CODE 6355-01-M