[Federal Register Volume 67, Number 89 (Wednesday, May 8, 2002)]
[Notices]
[Pages 30879-30880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11328]


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CONSUMER PRODUCT SAFETY COMMISSION

[CPSC Docket No. 02-2]


In the Matter of DAISY MANUFACTURING COMPANY, Inc; d/b/a Daisy 
Outdoor Products, 400 West Stribling Drive, Rogers, AR 72756; 
Prehearing Conference

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of first prehearing conference.

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DATES: This notice announces a prehearing conference to be held in the 
matter of Daisy Manufacturing Company, Inc. on May 15, 2002 at 10 a.m.

ADDRESSES: The prehearing conference will be in hearing room 420 of the 
East-West Towers Building, 4330 East-West Highway, Bethesda, Maryland 
20814.

FOR FURTHER INFORMATION CONTACT: Todd A. Stevenson, Secretary, U.S. 
Consumer Product Safety Commission, Washington, DC; telephone (301) 
504-0800; telefax (301) 504-0127.

SUPPLEMENTARY INFORMATION: This public notice is issued pursuant to 16 
CFR 1025.21(b) of the U.S. Consumer Product Safety Commission's Rules 
of Practice for Adjudicative Proceedings to inform the public that a 
prehearing conference will be held in an administrative proceeding 
under section 15 of the Consumer Product Safety Act (``CPSA''), 15 
U.S.C. 2064 and section 15 of the Federal Hazardous Substances

[[Page 30880]]

Act (``FHSA''), 15 U.S.C. 1274, captioned CPSC Docket No. 02-2, In the 
Matter of DAISY MANUFACTURING COMPANY, Inc. doing business as Daisy 
Outdoor Products. The Presiding Officer in the proceeding is United 
States Administrative Law Judge William B. Moran. The Presiding Officer 
has determined that, for good and sufficient cause, the time period for 
holding this first prehearing conference had to be extended to the date 
announced above, which date is beyond the fifty (50) day period 
referenced in 16 CFR 1025.21(a).
    The public is referred to the Code of Regulations citation listed 
above for identification of the issues to be raised at the conference 
and is advised that the date, time and place of the hearing also will 
be established at the conference.
    Substantively, the issues being litigated in this proceeding are 
described by the Presiding Officer to include: Whether certain 
identified models of the Daisy Powerline Airgun, designed to shoot BBs 
or pellets, contain defects which create a substantial product hazard 
defect in that, allegedly, BBs can become lodged with a ``virtual 
magazine,'' or fail to feed into the firing chamber, with the 
consequence that one may fire or shake the gun without receiving any 
visual or audible indication that it is still loaded. Consequently, the 
complaint asserts that these alleged problems can lead consumers to 
erroneously believe that the gun is empty and that such phenomena mean 
that the gun is ``defective'' within the meaning of Section 15 of the 
CPSA, 15 U.S.C. 2064 and Section 15 of the FHSA, 15 U.S.C. 1274. The 
Complaint further alleges that the gun's design, by making it difficult 
to determine when looking into the loading port whether a BB is 
present, constitutes a ``defect'' under the CPSA and the FHSA and 
presents a ``substantial product hazard,'' creating a substantial risk 
of injury to consumers, within the meaning of Section 15(a)(2), of the 
CPSA, 15 U.S.C. 2064(a)(2), and presents a substantial risk of injury 
to children under Sections 15(c)(1) and (c)(2) of the FHSA, 15 U.S.C. 
1274(c)(1) and (c)(2). The public should be mindful that these are 
allegations only and the CPSC bears the burden of proof in establishing 
any violations. Should these allegations be proven, Complaint Counsel 
for the Office of Compliance of the U.S. Consumer Product Safety 
Commission seeks a finding that these products present a substantial 
product hazard and present a substantial risk of injury to children and 
that public notification of such hazard and risk of injury be made 
pursuant to Section 15(c) of the CPSA and that other appropriate relief 
be directed, as set forth in the Complaint.

    Dated: May 2, 2002.
Todd A. Stevenson,
Secretary.
[FR Doc. 02-11328 Filed 5-7-02; 8:45 am]
BILLING CODE 6355-01-M