[Federal Register Volume 74, Number 202 (Wednesday, October 21, 2009)]
[Notices]
[Pages 54031-54032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25311]


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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.

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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about the draft guidance for industry entitled ``July 2009 Staff Draft 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 <a href="/cdn-cgi/l/email-protection#fe9d8e8d9dd3918dbe9d8e8d9dd0999188"><span class="__cf_email__" data-cfemail="fe9d8e8d9dd3918dbe9d8e8d9dd0999188">[email protected]</span></a>, 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 <a href="/cdn-cgi/l/email-protection#b6d5c6c5d59bd9c5f6d5c6c5d598d1d9c0"><span class="__cf_email__" data-cfemail="17746764743a7864577467647439707861">[email protected]</span></a>; 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://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://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<gr-thn-eq> x 23<gr-thn-eq> or 
a diagonal measurement greater than 29<gr-thn-eq>); (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 <a href="/cdn-cgi/l/email-protection#5a392a29397735291a392a2939743d352c"><span class="__cf_email__" data-cfemail="f695868595db9985b695868595d8919980">[email protected]</span></a>, 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


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