[Federal Register Volume 62, Number 231 (Tuesday, December 2, 1997)]
[Notices]
[Page 63699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31500]



[[Page 63699]]

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CONSUMER PRODUCT SAFETY COMMISSION


Commission Finding That Shortens Periods for Issuing News Release 
on Cadet Heaters

AGENCY: Consumer Product Safety Commission.

ACTION: Notice.

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SUMMARY: The Commission finds that certain heaters made by Cadet 
present a potential hazard to consumers and that, to protect the public 
health and safety, the customary manufacturer comment and notification 
periods preceding public release of certain information shall be 
shortened.

FOR FURTHER INFORMATION CONTACT: Renae Rauchschwalbe, Division of 
Corrective Actions, Office of Compliance, Consumer Product Safety 
Commission, Washington, DC 20207; telephone: (301) 504-0608 ext. 1362.

SUPPLEMENTARY INFORMATION:

A. Background

    In October 1997, the Consumer Product Safety Commission and Cadet 
Manufacturing Company, Inc. issued a joint news release about the 
recall and retrofit of certain hazardous heaters. However, Cadet is not 
conducting the corrective action described in the news release. 
Therefore, the Commission has issued its own news release to inform 
consumers about the situation.

B. Statutory and Regulatory Provisions

    Under section 6(b)(1) of the Consumer Product Safety Act (CPSA), 15 
U.S.C. 2055(b)(1), the Commission must provide manufacturers or private 
labelers with at least 30 days advance notice before disseminating 
information that identifies the manufacturer's product. In addition, 
section 6(b)(2) of the CPSA, 15 U.S.C. 2055(b)(2), requires at least 10 
days additional notice if the manufacturer or private labeler claims 
that the information to be released is inaccurate. However, the 
Commission may provide lesser periods of notice, in both cases, if 
``the Commission finds that the public health and safety requires a 
lesser period of notice.''
    Under the CPSA and the Commission's regulations, the Commission 
must publish its ``public health and safety'' findings in the Federal 
Register. 16 CFR Secs. 1101.23 (b) and (c) and 1101.25 (b) and (c). 
Disclosure of the information in the news release may be made 
concurrently with the filing of the Federal Register notice, and need 
not await its publication.

C. Commission Finding

    The Commission finds that the public health and safety requires 
less notice than the periods of time specified in section 6(b) of the 
Consumer Product Safety Act. The Cadet heaters, which present to the 
public the serious risks of burns, smoke inhalation, and electrocution, 
should not be used until they are properly and adequately repaired. The 
onset of cold weather in most of the country underscores the urgency of 
informing consumers of the risks inherent in the use of these 
particular heaters. Therefore, the Commission authorizes issuance of a 
news release 24 hours after Cadet has been provided an opportunity to 
comment on it, and an additional 24 hours after Cadet has been notified 
that the Commission intends to issue the release over Cadet's accuracy 
objections (if Cadet submits comments and if the Commission, after 
evaluating the comments, decides to issue the release).

    Dated: November 25, 1997.
Sadye E. Dunn,
Secretary of the Commission.
[FR Doc. 97-31500 Filed 11-26-97; 9:12 am]
BILLING CODE 6355-01-M