Federal Register / Vol. 75, No. 204 / Friday, October 22, 2010 / Proposed Rules 65263 

C. Description of the Proposed 

Interpretive Rule 

The proposed interpretive rule would 

amend part 1450. Section 1450.1, Scope, 

would explain that part 1450 pertains to 

the Virginia Graeme Baker Pool and Spa 

Safety Act and that the statute is 

designed to prevent child drowning, 

drain entrapments, and eviscerations in 

pools and spas. 

Section 1450.2, Definitions, would 

define ‘‘public accommodations facility’’ 

at paragraph (a) as ‘‘an inn, hotel, motel, 

or other place of lodging, including, but 

not limited to, rental units rented on a 

bi-weekly or weekly basis.’’ 

List of Subjects in 16 CFR Part 1450 

Consumer protection, Infants and 

children, Law enforcement. 

E. Conclusion 

For the reasons stated above, the 

Commission proposes to amend part 

1450 of title 16 of the Code of Federal 

Regulations as follows: 

PART 1450—VIRGINIA GRAEME 

BAKER POOL AND SPA SAFETY ACT 

REGULATIONS 

1. The authority citation for part 1450 

continues to read as follows: 

Authority: 15 U.S.C. 2051–2089, 86 Stat. 

1207; 15 U.S.C. 8001–8008, 121 Stat. 1794. 

2. Section 1450.1 is added to read as 

follows: 

§ 1450.1 Scope. 

This part pertains to the Virginia 

Graeme Baker Pool and Spa Safety Act, 

(‘‘Act’’), 15 U.S.C. 8001 et seq., which is 

designed to prevent child drowning, 

drain entrapments and eviscerations in 

pools and spas. 

3. Add paragraph (a) to § 1450.2 to 

read as follows: 

§ 1450.2 Definitions. 

(a) Public accommodations facility 

means an inn, hotel, motel, or other 

place of lodging, including, but not 

limited to, rental units rented on a biweekly or weekly basis. 

* * * * * 

Dated: October 15, 2010. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2010–26520 Filed 10–19–10; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1450 

Virginia Graeme Baker Pool and Spa 

Safety Act; Public Accommodation; 

Withdrawal of Proposed Rule 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Withdrawal of proposed rule. 

SUMMARY: In the Federal Register of 

March 15, 2010, the Consumer Product 

Safety Commission (‘‘CPSC’’ or 

‘‘Commission’’) issued a proposed 

interpretive rule that would interpret 

the term ‘‘public accommodations 

facility’’ as used in the Virginia Graeme 

Baker Pool and Spa Safety Act (‘‘VGB 

Act’’ or ‘‘Act’’) as ‘‘an inn, hotel, motel, 

or other place of lodging, except for an 

establishment located within a building 

that contains not more than five rooms 

for rent or hire and that is actually 

occupied by the proprietor of such 

establishment as the residence of such 

proprietor’’ (75 FR 12167). The 

Commission is withdrawing the March 

15, 2010 proposed interpretive rule and, 

elsewhere in this issue of the Federal 

Register, is issuing a new proposed 

interpretive rule with a 60-day comment 

period which would interpret ‘‘public 

accommodations facility’’ as ‘‘an inn, 

hotel, motel, or other place of lodging, 

including but not limited to, rental units 

rented on a bi-weekly or weekly basis.’’ 

DATES: The proposed interpretive rule is 

withdrawn as of October 22, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Barbara E. Little, Office of the General 

Counsel, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, Maryland 20814; e-mail 

blittle@cpsc.gov. 

SUPPLEMENTARY INFORMATION: The 

Commission published a proposed 

interpretive rule on the definition of 

‘‘public accommodations facility in the 

Federal Register of March 15, 2010 (75 

FR 12167). The proposed interpretive 

rule would interpret ‘‘public 

accommodations facility’’ to mean: ‘‘An 

inn, hotel, motel, or other place of 

lodging, except for an establishment 

located within a building that contains 

not more than five rooms for rent or hire 

and that is actually occupied by the 

proprietor of such establishment as the 

residence of such proprietor.’’ 

CPSC staff prepared a draft final 

interpretative rule for the Commission’s 

approval, but, on August 4, 2010, the 

Commission voted to withdraw the 

proposed interpretive rule and to direct 

CPSC staff to draft a new proposed 

interpretive rule with a 60-day comment 

period and interpreting ‘‘public 

accommodations facility’’ as ‘‘an inn, 

hotel, motel, or other place of lodging, 

including, but not limited to, rental 

units rented on a bi-weekly or weekly 

basis.’’ The Commission preliminarily 

determined that the exception for an 

owner-occupied establishment located 

within a building that contains not more 

than five rooms for rent or hire is 

inappropriate in the context of pool and 

spa safety because the number of units 

for rent or hire has no bearing on the 

safety of the pool. In addition, the 

Commission wanted to make clear that 

a residential facility may become a 

‘‘place of lodging’’ if the facility were to 

offer a significant number of short term 

stays. 

Thus, the Commission, through this 

notice, is withdrawing the March 15, 

2010 proposed interpretive rule. 

Elsewhere in this issue of the Federal 

Register, the Commission is issuing a 

new proposed interpretive rule to 

interpret ‘‘public accommodations 

facility’’ in the VGB Act as ‘‘an inn, 

hotel, motel, or other place of lodging, 

including, but not limited to, rental 

units rented on a bi-weekly or weekly 

basis.’’ 

Dated: October 15, 2010. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2010–26521 Filed 10–21–10; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

29 CFR Part 2510 

RIN 1210–AB32 

Definition of the Term ‘‘Fiduciary’’ 

AGENCY: Employee Benefits Security 

Administration, Labor. 

ACTION: Proposed rule. 

SUMMARY: This document contains a 

proposed rule under the Employee 

Retirement Income Security Act (ERISA) 

that, upon adoption, would protect 

beneficiaries of pension plans and 

individual retirement accounts by more 

broadly defining the circumstances 

under which a person is considered to 

be a ‘‘fiduciary’’ by reason of giving 

investment advice to an employee 

benefit plan or a plan’s participants. The 

proposal amends a thirty-five year old 

rule that may inappropriately limit the 

types of investment advice relationships 

that give rise to fiduciary duties on the 


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