[Federal Register Volume 74, Number 181 (Monday, September 21, 2009)]
[Notices]
[Pages 48064-48065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22674]


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CONSUMER PRODUCT SAFETY COMMISSION

[Docket No. CPSC-2009-0073]


Proposed Collection; Comment Request--Virginia Graeme Baker Pool 
and Spa Safety Act; Compliance Form

AGENCY: Consumer Product Safety Commission.

ACTION: Notice.

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SUMMARY: As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), the Consumer Product Safety Commission (``CPSC'' or 
``Commission'') requests comments on a proposed collection of 
information regarding a form that will be used to verify whether pools 
and spas are in compliance with the Virginia Graeme Baker Pool and Spa 
Safety Act. The Commission will consider all comments received in 
response to this notice before requesting approval of this collection 
of information from the Office of Management and Budget.

DATES: Written comments must be received by the Office of the Secretary 
not later than November 20, 2009.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2009-
0073, by any of the following methods:
    Submit electronic comments in the following way:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments. To ensure timely processing of 
comments, the Commission is no longer accepting comments submitted by 
electronic mail (e-mail) except through http://www.regulations.gov.
    Submit written submissions in the following way:
    Mail/Hand delivery/Courier (for paper, disk, or CD-ROM 
submissions), preferably in five copies, to: Office of the Secretary, 
Consumer Product Safety Commission, Room 502, 4330 East West Highway, 
Bethesda, MD 20814; telephone (301) 504-7923.
    Instructions: All submissions received must include the agency name 
and docket number for this notice. All comments received may be posted 
without change, including any personal identifiers, contact 
information, or other personal information provided, to http://www.regulations.gov. Do not submit confidential business information, 
trade secret information, or other sensitive or protected information 
electronically. Such information should be submitted in writing.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For information about the proposed 
collection of information call or write Linda Glatz, Division of Policy 
and Planning, Office of Information Technology and Technology Services, 
Consumer Product Safety Commission, 4330 East West Highway, Bethesda, 
MD 20814; telephone: (301) 504-7671 or by e-mail to [email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    The Virginia Graeme Baker Pool and Spa Safety Act (``Pool and Spa 
Safety Act'') went into effect on December 19, 2008 (Pub. L. 110-140). 
The Pool and Spa Safety Act applies to public pools and spas and 
requires that each swimming pool and spa drain cover manufactured, 
distributed, or entered into commerce in the United States shall 
conform to the entrapment protection standards of the ASME/ANSI 
A112.19.8 performance standard or any successor standard regulating 
such swimming pool or drain cover pursuant to section 1404(b) of the 
Act (``Drain Cover Standard''). In addition to the anti-entrapment 
devices or systems, each public pool and spa in the United States with 
a single main drain other than an unblockable drain is required to be 
equipped with 1 or more of the following devices and systems designed 
to prevent entrapment by pool or spa drains: safety vacuum release 
system; suction-limiting vent system; gravity drainage system; 
automatic pump shut-off system or drain disablement. The Pool and Spa 
Safety Act is designed to prevent the tragic and hidden hazard of drain 
entrapment and eviscerations in public pools and spas.
    The CPSC staff will use a ``Verification of Compliance Form'' to 
collect the information necessary to identify drain covers at pools and 
spas that do not meet the requirements of the ASME/ANSI A112.19.8 
performance standard or any successor standard regulating such swimming 
pool or drain cover. CPSC investigators or designated state or local 
government officials will use the form which will be filled out 
entirely at the site during the normal course of the pool and spa 
inspection. Using the form, the inspectors will collect information 
regarding the pool or spa facility; identify the type, location and 
features of the pool or spa; describe the drain covers, anti-entrapment 
device/systems, sump or equalizer lines at the site; and report on 
whether any actions are necessary to bring the pool or spa into 
compliance.

B. Estimated Burden

    The CPSC staff estimates that there may be approximately 97 
inspections per year. Because the investigators will be talking to 
either the pool owner/operator or pool staff at the time of the 
inspection and asking questions to help complete the form, the CPSC 
staff estimates that the burden hours for pool owners or pool staff to 
respond to the questions will be approximately 0.5 hours per 
inspection. Thus, the estimated total annual burden hours for 
respondents are approximately 48.5 hours (97 inspections x 0.5 hours 
per inspection). Although respondents may include either junior or 
senior pool staff, CPSC staff based the annualized cost to respondents 
based on the compensation for management-level employees, since such 
employees may be the most knowledgeable of the pool or spa used.

[[Page 48065]]

The CPSC staff estimates that the annualized cost to all respondents is 
approximately $2,300.84 based on an hourly wage of $47.44 per hour 
($47.44 x 48.5). (Bureau of Labor Statistics (``BLS''), December 2008, 
all workers, service, management, professional, and related).
    The CPSC staff estimates that it will take an average of 2.5 hours 
to review the information collected from the oral communications with 
pool owners/operators or staff. The annual cost to the Federal 
government of the collection of information in these regulations is 
estimated to be $19,361.21. This is based on an average wage rate of 
$55.97 (the equivalent of a GS-14 Step 5 employee). This represents 
70.1 percent of total compensation with an additional 29.9 percent 
coming from benefits (BLS, September 2008, percentage total benefits 
for all civilian management, professional, and related employees), or 
$79.84 x 242.5 hours.

C. Request for Comments

    The Commission solicits written comments from all interested 
persons about the proposed collection of information. The Commission 
specifically solicits information relevant to the following topics:
     Whether the collection of information described above is 
necessary for the proper performance of the Commission's functions, 
including whether the information would have practical utility;
     Whether the estimated burden of the proposed collection of 
information is accurate;
     Whether the quality, utility, and clarity of the 
information to be collected could be enhanced; and
     Whether the burden imposed by the collection of 
information could be minimized by use of automated, electronic or other 
technological collection techniques, or other forms of information 
technology.

    Dated: September 16, 2009.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. E9-22674 Filed 9-18-09; 8:45 am]
BILLING CODE 6355-01-P