Federal Register / Vol. 75, No. 49 / Monday, March 15, 2010 / Proposed Rules 12167 

1The Commissioners voted 4–1 (Commissioner 

Robert Adler dissenting) to issue this proposed 

interpretive rule. Commissioner Robert Adler filed 

a statement, a copy of which is available from the 

Office of the Secretary or on the Commission’s Web 

site at http://www.cpsc.gov. 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9T, 

Airspace Designations and Reporting 

Points, signed August 27, 2009, and 

effective September 15, 2009, is 

amended as follows: 

Paragraph 6005 Class E Airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ACE NE E5 Beatrice, NE [Amended] 

Beatrice Municipal Airport, TX 

(Lat. 40°18′05′′ N., long. 96°45′15′′ W.) 

Beatrice VOR/DME 

(Lat. 40°18′05′′ N., long. 96°45′17′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.5-mile 

radius of Beatrice Municipal Airport and 

within 2.4 miles each side of the 320° radial 

from the Beatrice VOR/DME extending from 

the 6.5-mile radius to 7.5 miles northwest of 

the airport, and within 2.4 miles each side of 

the 003° radial from the Beatrice VOR/DME 

extending from the 6.5-mile radius to 7.5 

miles north of the airport. 

Issued in Fort Worth, TX, on February 24, 

2010. 

Walter Tweedy, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2010–5569 Filed 3–12–10; 8:45 am] 

BILLING CODE 4901–13–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1450 

Virginia Graeme Baker Pool and Spa 

Safety Act; Public Accommodation 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Proposed interpretive rule. 

SUMMARY: The Consumer Product Safety 

Commission (‘‘Commission’’ or ‘‘CPSC’’) 

is issuing this proposed rule to interpret 

the term ‘‘public accommodation’’ as 

used in the Virginia Graeme Baker Pool 

and Spa Safety Act. 

DATES: Written comments in response to 

this document must be received no later 

than April 14, 2010. 

ADDRESSES: You may submit comments, 

identified by Docket No. CPSC–2010– 

0018, by any of the following methods: 

Electronic Submissions 

Submit electronic comments in the 

following way: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

To ensure timely processing of 

comments, the Commission is no longer 

accepting comments submitted by 

electronic mail (e-mail) except through 

http://www.regulations.gov. 

Written Submissions 

Submit written submissions in the 

following way: 

Mail/Hand delivery/Courier (for paper 

(preferably in five copies), disk, or CD– 

ROM submissions), to: Office of the 

Secretary, Consumer Product Safety 

Commission, Room 502, 4330 East West 

Highway, Bethesda, MD 20814; 

telephone (301) 504–7923. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. All 

comments received may be posted 

without change, including any personal 

identifiers, contact information, or other 

personal information provided, to 

http://www.regulations.gov. Do not 

submit confidential business 

information, trade secret information, or 

other sensitive or protected information 

electronically. Such information should 

be submitted in writing. 

Docket: For access to the docket to 

read background comments or 

comments received, go to http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Barbara E. Little, Regulatory Affairs 

Attorney, Office of General Counsel, 

Consumer Product Safety Commission, 

4330 East West Highway, Bethesda, 

Maryland 20814–4408; blittle@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The Virginia Graeme Baker Pool and 

Spa Safety Act, 15 U.S.C. 8001, (‘‘VGB 

Act’’ or ‘‘Act’’) requires that drains in 

public pools and spas be equipped with 

ASME/ANSI A112.19.8 compliant drain 

covers, and that each public pool and 

spa with a single main drain other than 

an unblockable drain be equipped with 

certain secondary anti-entrapment 

systems. Section 1404(c) of the Act. The 

Act defines ‘‘public pool and spa’’ to 

include a swimming pool or spa that is 

‘‘open exclusively to patrons of a hotel 

or other public accommodations 

facility.’’ Section 1404(c)(2)(B)(iii) of the 

Act. The term ‘‘public accommodations 

facility’’ is not defined in the Act. 

The Commission has received 

numerous inquiries regarding what 

constitutes a public accommodations 

facility under the VGB Act. This 

proposed interpretive rule would define 

‘‘public accommodation’’ as the term in 

used in the Virginia Graeme Baker Pool 

and Spa Safety Act.1

B. Legal Analysis 

In adopting a reasonable 

interpretation of ‘‘public 

accommodations facility,’’ the 

Commission examined how other 

federal statutes define this same term. 

The Americans with Disabilities Act 

(ADA) defines ‘‘public accommodation’’ 

in relevant part 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’’ (emphasis added). 42 U.S.C. 

§ 12181(7). Under this definition, pools 

or spas found at bed and breakfasts with 

five or fewer rooms for rent or hire and 

that are actually occupied by the 

proprietor would not be considered 

‘‘public pools or spas’’ under the VGB 

Act, nor would pools or spas that are 

located on single family home rental 

properties. 

The Civil Rights Act (CRA) employs 

the same definition of ‘‘public 

accommodation’’ in relevant part as does 

the ADA, i.e., ‘‘any inn, hotel, motel, or 

other establishment which provides 

lodging to transient guests, other than 

an establishment located within a 

building which contains not more than 

five rooms for rent or hire and which is 

actually occupied by the proprietor of 

such establishment as his residence’’ 

(emphasis added). 42 U.S.C. 2000(b). 

This definition, then, is used in two 

prominent federal statutes addressing 

civil rights. Operators of inns, hotels, 

and lodging establishments likely are 

aware of these statutes addressing civil 

rights and the definitions they employ. 

The phrase ‘‘public accommodation’’ 

also appears in a Federal statute 

administered by the CPSC. Section 

104(c) of the Consumer Product Safety 

Improvement Act of 2008 (CPSIA) 

provides that it is a violation of the 

Consumer Product Safety Act for ‘‘any 

person to which this subsection applies 

to manufacture * * * or otherwise 

place in the stream of commerce a crib 

that is not in compliance with a 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
12168 Federal Register / Vol. 75, No. 49 / Monday, March 15, 2010 / Proposed Rules 

standard promulgated under subsection 

(b) [of section 104].’’ Section 104(c)(2)(D) 

of the CPSIA provides, in relevant part, 

that section 104(c) of the CPSIA applies 

to any person who ‘‘owns or operates a 

public accommodation affecting 

commerce (as defined in section 4 of the 

Federal Fire Prevention and Control Act 

of 1974 (FFPCA) (15 U.S.C. 2203)’’ 

(emphasis added). Section 4 of the 

FFPCA defines a place of public 

accommodation as ‘‘any inn, hotel, or 

other establishment not owned by the 

Federal Government that provides 

lodging to transient guests, except that 

such term does not include an 

establishment treated as an apartment 

building for purposes of any State or 

local law or regulation or an 

establishment located within a building 

that contains not more than 5 rooms for 

rent or hire and that is actually 

occupied as a residence by the 

proprietor of such establishment’’ 

(emphases added). 15 U.S.C. 2203(7). 

The FFPCA contains the same exclusion 

from public accommodation as do the 

ADA and CRA; in other words, all three 

statutes exclude an establishment 

located within a building that contains 

not more than five rooms for rent or hire 

and that is actually occupied as a 

residence by the proprietor of such 

establishment. The FFPCA, like the VGB 

Act, is a statute intended to promote 

public safety. Further, the FFPCA’s 

definition is used in the CPSIA, a statute 

which is administered by the CPSC. 

Parties familiar with the CPSC may 

already be familiar with the definition 

of ‘‘public accommodation’’ as used in 

the CPSIA. Thus, the Commission 

believes it is appropriate to enforce the 

same interpretation of the phrase 

‘‘public accommodation’’ in the VGB Act 

as used in the CPSIA, especially given 

the similar public safety goals of the 

statutes. 

List of Subjects in 16 CFR Part 1450 

Consumer protection, Infants and 

children, Law enforcement. 

C. Conclusion 

For the reasons stated above, the 

Commission proposes to amend chapter 

II of title 16 of the Code of Federal 

Regulations by adding a new part 1450 

to read as follows: 

PART 1450—VIRGINIA GRAEME 

BAKER POOL AND SPA SAFETY ACT 

REGULATIONS 

Sec. 

1450.1 Scope. 

1450.2 Definitions. 

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

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

§ 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. 

§ 1450.2 Definitions. 

(a) Public accommodations facility 

means 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. 

(b) [Reserved.] 

Dated: March 4, 2010. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2010–5130 Filed 3–12–10; 8:45 am] 

BILLING CODE 6355–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0039; FRL–9127–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Control of Nitrogen Oxide 

Emissions From Industrial Boilers and 

Process Heaters at Petroleum 

Refineries 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision submitted by the State of 

Delaware. The revision adds a new 

section, Section 2—Control of Nitrogen 

Oxide Emissions from Industrial Boilers 

and Process Heaters at Petroleum 

Refineries to Delaware’s Regulation No. 

1142/SIP Regulation No. 42— Specific 

Emission Control Requirements for 

controlling nitrogen oxide (NOX) 

emissions from industrial boilers. This 

action is being taken under the Clean 

Air Act (CAA). 

DATES: Written comments must be 

received on or before April 14, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2010–0039 by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: 

fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2010–0039, 

Cristina Fernandez, Office of Air 

Program Planning, Mailcode 3AP30, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2010– 

0039. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy 

during normal business hours at the Air 

Protection Division, U.S. Environmental 


emcdonald on DSK2BSOYB1PROD with PROPOSALS