[Federal Register Volume 77, Number 65 (Wednesday, April 4, 2012)]
[Notices]
[Page 20368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8005]


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CONSUMER PRODUCT SAFETY COMMISSION


Petition for Classification of ``BeeSafe System'' as an Anti-
Entrapment System Under the Virginia Graeme Baker Pool and Spa Safety 
Act (``VGB Act'')

AGENCY: U.S. Consumer Product Safety Commission.

ACTION: Notice.

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SUMMARY: The U.S. Consumer Product Safety Commission (``Commission'' or 
``We'') has received a petition (CP 12-1) requesting that the 
Commission initiate rulemaking to determine that the ``BeeSafe System'' 
is equally effective as, or better than, the systems designed to 
prevent entrapment listed in the Virginia Graeme Baker Pool and Spa 
Safety Act (``VGB Act''). We invite written comments concerning the 
petition.\1\
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    \1\ The Commission voted 3-0-1 to publish this Federal Register 
notice. Chairman Tenenbaum abstained from voting.

DATES: The Office of the Secretary must receive comments on the 
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petition by June 4, 2012.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2012-
0020, by any of the following methods:

Electronic Submissions

    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 (email), except 
through www.regulations.gov.

Written Submissions

    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, 
U.S. Consumer Product Safety Commission, Room 820, 4330 East West 
Highway, Bethesda, MD 20814; telephone (301) 504-7923.
    Instructions: All submissions received must include the agency name 
and petition number for this rulemaking. 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: Rockelle Hammond, Office of the 
Secretary, U.S. Consumer Product Safety Commission, Room 820, 4330 East 
West Highway, Bethesda, MD 20814; telephone (301) 504-6833.

SUPPLEMENTARY INFORMATION: Section 1404(c)(1)(A)(ii) of the VGB Act 
requires that each public pool and spa in the United States with a 
single main drain other than an unblockable drain be equipped, at a 
minimum, with one or more of the following anti-entrapment devices or 
systems: (I) Safety vacuum release system; (II) Suction-limiting vent 
system; (III) Gravity drainage system; (IV) Automatic pump shut-off 
system; (V) Drain disablement; or (VI) any other system determined by 
the Commission to be equally effective as, or better than, these 
systems at preventing or eliminating the risk of injury or death 
associated with pool drainage systems. 15 U.S.C. 8003(c)(1)(A)(ii). The 
Commission has received correspondence from Bonnie Snow and Teri Snow 
(``petitioners''), dated February 13, 2012, requesting that the 
Commission initiate rulemaking to determine that the ``BeeSafe System'' 
is equally effective as, or better than, systems designed to prevent 
entrapment listed in 1406(c)(1)(A)(ii)(I)-(V) of the VGB Act. We are 
docketing this request as a petition under the Consumer Product Safety 
Act. 15 U.S.C. 2056 and 2058.
    Petitioners offer information in support of their claim that the 
BeeSafe System is equally effective as, or better than, the systems 
designed to prevent entrapment listed in the VGB Act. They assert that 
the most defining feature of their system is the presence of long 
tubes, which they claim empty if they become blocked. For this reason, 
petitioners state, the ``BeeSafe System is better alone than with an 
SVRS [suction vacuum release system] or back-up breaker.'' Petitioners 
also describe that through the design of the BeeSafe system, they have 
eliminated the possibility of the entire cover going missing. They 
state that if the smaller, winterizing lid were to go missing, any 
tubes that became blocked would empty the water into the built-in sump 
and any suction at the surface would be released when this happened. 
They compare this action to a hydraulic switch, claiming that the 
action is ``as fast or faster than any of the breaker secondary systems 
currently on the market.''
    By this notice, the Commission seeks comments concerning this 
petition. Interested parties may obtain a copy of the petition and 
submission on the Commission's Web site at http://www.cpsc.gov/library/foia/foia12/petition/beesafe.pdf, by writing or calling the Office of 
the Secretary, U.S. Consumer Product Safety Commission, Room 820, 4330 
East West Highway, Bethesda, MD 20814; telephone (301) 504-7923. Copies 
of the petition are also available for inspection from 8:30 a.m. to 5 
p.m., Monday through Friday, in the Commission's Public Reading Room, 
Room 419, 4330 East West Highway, Bethesda, MD, or from the 
Commission's Web site at: www.cpsc.gov.

    Dated: March 29, 2012.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2012-8005 Filed 4-3-12; 8:45 am]
BILLING CODE 6355-01-P