[Federal Register Volume 75, Number 204 (Friday, October 22, 2010)]
[Proposed Rules]
[Page 65263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26521]


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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.

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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DATES: The proposed interpretive rule is withdrawn as of October 22, 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 <a href="/cdn-cgi/l/email-protection#0d6f6164797961684d6e7d7e6e236a627b"><span class="__cf_email__" data-cfemail="d2b0bebba6a6beb792b1a2a1b1fcb5bda4">[email protected]</span></a>.

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


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