[Federal Register: October 21, 2009 (Volume 74, Number 202)]
[Notices]
[Page 54031-54032]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21oc09-40]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
Virginia Graeme Baker Pool and Spa Safety Act; Draft Technical
Guidance on Unblockable Drains; Notice of Hearing
AGENCY: Consumer Product Safety Commission.
ACTION: Notice of public hearing.
-----------------------------------------------------------------------
SUMMARY: The Consumer Product Safety Commission (Commission) will
conduct a public hearing to receive views from all interested parties
about the draft guidance for industry entitled ``July 2009 Staff Draft
Technical Guidance on Unblockable Drains.'' The guidance specifies
requirements for a drain cover, such that, when attached to a drain, it
constitutes an unblockable drain. The Commission invites public
participation at the hearing. Oral presentations concerning the
Unblockable Drain guidance should be limited to approximately ten
minutes and will become part of the public record.
DATES: The public hearing will begin at 9 a.m. on November 4, 2009.
Requests to make oral presentations and the written text of any oral
presentations must be received by the Office of the Secretary not later
than 5 p.m. Eastern Standard Time (EST) on October 28, 2009.
ADDRESSES: The hearing will be in the Hearing Room, 4th Floor of the
Bethesda Towers Building, 4330 East-West Highway, Bethesda, Maryland
20814. Requests to make oral presentations and texts of oral
presentations should be captioned ``Unblockable Drain Guidance'' and
sent by electronic mail (``e-mail'') to cpsc-os@cpsc.gov, or mailed or
delivered to the Office of the Secretary, Consumer Product Safety
Commission, 4330 East-West Highway, Bethesda, Maryland 20814, no later
than 5 p.m. EST on October 28, 2009.
FOR FURTHER INFORMATION CONTACT: For information about the public
hearing or to request an opportunity to make an oral presentation,
please send an e-mail, call, or write Todd A. Stevenson, Office of the
Secretary, Consumer Product Safety Commission, 4330 East-West Highway,
Bethesda, Maryland 20814; e-mail cpsc-os@cpsc.gov; telephone (301) 504-
7923; facsimile (301) 504-0127. An electronic copy of the ``July 2009
CPSC Staff Draft Technical Guidance on Unblockable Drains'' can be
found at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.poolsafety.gov/unblockable.pdf.
SUPPLEMENTARY INFORMATION: The Virginia Graeme Baker Pool and Spa
Safety Act (Pub. L. 110-140, 121 Stat. 1794 (``Act'')) was signed into
law on December 19, 2007. The Act is designed to prevent drain
entrapments and eviscerations in pools and spas. Public Law 110-140.
The law became effective on December 19, 2008. The Act defines an
``unblockable drain'' as ``a drain of any size and shape that a human
body cannot sufficiently block to create a suction entrapment hazard.''
Section 1403(7) of the Act (15 U.S.C. 8002(7)).
In August 2009, CPSC staff announced the availability of Draft
Guidance on what constitutes an ``unblockable drain'' under the Act and
asked for written comments concerning the draft guidance from
interested persons (``July 2009 CPSC Staff Draft Technical Guidance on
Unblockable Drains,'' http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.poolsafety.gov/unblockable.pdf). The
Commission received comments in support of and in opposition to the
staff guidance, in addition to some technical comments concerning the
guidance itself. For example, some commenters pointed out that, in
addition to the size requirements of the unblockable drain cover, the
guidance should stress the importance of proper flow rates and the
drain cover fastener integrity. CPSC agrees with these technical
comments and intends to amend the guidance to include the following
sentence: ``In reaching this definition for an unblockable drain, the
characterization of a suction fitting is taken from the standard to
include the sump and cover as a unit, along with the following: (1) The
blocking element dimensions and the diagonal measure to define a
minimum size requirement (in excess of 18 x 23 or
a diagonal measurement greater than 29); (2) the need for
the remaining open flow area of the cover, once shadowed, to provide
sufficient flow to prevent entrapment; and (3) the general requirements
of the standard for fasteners and fastening integrity (i.e., the cover
must stay in place).'' Parties who wish to attend the public meeting
should be aware of this contemplated change to the guidance when
preparing their presentations. The Commission, through this notice, is
announcing a public hearing to hear further from interested parties on
the staff draft guidance, and the Commission reserves the ability to
ask questions of presenters at the public hearing.
Persons who desire to make oral presentations at the hearing on
November 4, 2009, should send an e-mail, call, or write Todd A.
Stevenson, Office of the Secretary, Consumer Product Safety Commission,
4330 East-West Highway, Bethesda, Maryland 20814, e-mail cpsc-
os@cpsc.gov, telephone (301) 504-7923, facsimile (301) 504-0127 not
later than 5 p.m. EST on October 28, 2009. Presentations should be
limited to approximately ten minutes.
Persons desiring to make presentations must submit the text of
their presentations to the Office of the Secretary not later than 5
p.m. EST on October 28, 2009. The Commission reserves the right to
impose further time limitations on all presentations and further
restrictions to avoid duplication of presentations. The hearing will
begin at 9 a.m. on November 4, 2009, and will conclude the same day.
[[Page 54032]]
Dated: October 16, 2009.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. E9-25311 Filed 10-20-09; 8:45 am]
BILLING CODE 6355-01-P