[Federal Register: March 4, 2003 (Volume 68, Number 42)]
[Notices]               
[Page 10211]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04mr03-37]                         

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CONSUMER PRODUCT SAFETY COMMISSION

[CPSC Docket No. 02-2]

 
Matter of Daisy Manufacturing Co., d/b/a/ Daisy Outdoor Products, 
400 West Stribling Drive, Rogers, AK 72756; Final Prehearing Conference

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of final prehearing conference.

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DATES: This notice announces the final prehearing conference to be held 
in the matter of Daisy Manufacturing Company on April 21, 2003 at 10 
a.m.

ADDRESSES: The final prehearing conference will be in room 410 of the 
Bethesda 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) 
504-7923; telefax (301) 504-0127.

SUPPLEMENTARY INFORMATION: This public notice is issued pursuant to 16 
CFR 1025.21(c) 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 an administrative proceeding 
under section 15 of the Consumer Product Safety Act (``CPSA''), 15 
U.S.C. 2064, and section 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 doing business as Daisy Outdoor 
Products. The Presiding Officer in the proceeding is United States 
Administrative Law Judge William B. Moran. At this time, the Final 
Prehearing Conference is planned to be conducted by telephone. Those 
members of the public attending the conference will be able to listen 
to the conference, except for such portions, if any, which require that 
the public be excused. It is also possible that last minute issues may 
require that the parties' representatives attend the Conference in 
person.
    The public is referred to 16 CFR 1025.21(a) for identification of 
the issues to be raised at the conference and is advised that the 
dates, times and places for the hearing also will be noted at this 
conference.
    As stated in the Federal Register Notice announcing the First 
Prehearing Conference, substantively, the issues being litigated in 
this proceeding continue 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 feed into the firing chamber, with the consequence that one 
may fire or shake the gun without receiving any visual or audible 
indication that it 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 mean 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)(2), and presents a substantial risk of injury 
to children under sections 15(c)(1) and (c)(2) of the FHSA, 15 U.S.C. 
1274(c)(1) and (c)(2). The public should continue to be mindful that 
these are allegations only and that the CPSC staff 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.

    Dated: February 27, 2003.
Todd A. Stevenson,
Secretary.
[FR Doc. 03-5038 Filed 3-3-03; 8:45 am]
BILLING CODE 6355-01-M