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

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 notlimited 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