[Federal Register Volume 63, Number 229 (Monday, November 30, 1998)]
[Notices]
[Page 65755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31775]


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CONSUMER PRODUCT SAFETY COMMISSION


Commission Finding That Shortens Periods For Issuing Information 
On Mesh Playpens

AGENCY: Consumer Product Safety Commission.

ACTION: Notice.

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SUMMARY: The Commission finds that certain mesh playpens present a 
potential hazard to children 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: William J. Moore, Jr., Trial Attorney, 
Office of Compliance, Consumer Product Safety Commission, Washington, 
DC 20207; telephone: (301) 504-0626 ext. 1348.

SUPPLEMENTARY INFORMATION:

A. Background

    The Commission staff negotiated with the manufacturers of mesh 
playpens to recall many models with protruding rivets, catchpoints for 
pacifier cords and children's clothing, that lead to strangulation of 
toddlers. The manufacturers of the playpens are Graco Children's 
Products, Inc., Bilt-Rite, Pride Trimble Corp., Pride Trimble, Inc., 
Kolcraft Enterprises, Inc., Hufco-Delaware, Evenflo Co., Inc., and 
Strolee Co.
    The staff prepared a video news release (VNR), and provided the 
manufacturers with the opportunity to comment on it beginning on 
November 10. The staff received comments from the manufacturers, worked 
with them, and made some requested changes. The staff informed the 
manufacturers that it would issue the VNR on November 24.

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 1101.23(b) and (c) and 1101.25(b) and (c). Disclosure 
of the information in the VNR 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. Specifically, the 30-day period is reduced 
to the period from November 10 until November 23 for the video news 
release. In addition, the 10-day period is reduced to the period from 
November 23 until November 24, 1998.

    Dated: November 24, 1998.
Sayde E. Dunn,
Secretary of the Commission.
[FR Doc. 98-31775 Filed 11-27-98; 8:45 am]
BILLING CODE 6355-01-P