[Federal Register Volume 84, Number 198 (Friday, October 11, 2019)]
[Notices]
[Pages 54895-54896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22292]


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CONSUMER PRODUCT SAFETY COMMISSION

[Docket No. CPSC-2019-0024]


Resubmission of Petition Requesting Approval of Vacuum Diffusion 
Technology as an ``Other System'' Under the Virginia Graeme Baker Pool 
and Spa Safety Act

AGENCY: Consumer Product Safety Commission.

ACTION: Notice.

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SUMMARY: The U.S. Consumer Product Safety Commission (CPSC) received a 
resubmitted petition from PSD Industries, LLC (petitioner, or PSD 
Industries), requesting that the Commission approve Vacuum Diffusion 
Technology (VDT) as an ``Other System'' under the Virginia Graeme Baker 
Pool and Spa Safety Act (VGB Act). The

[[Page 54896]]

CPSC invites written comments concerning this petition.

DATES: Submit comments by December 10, 2019.

ADDRESSES: Submit comments, identified by Docket No. CPSC-2019-0024, by 
any of the following methods:
    Electronic Submissions: Submit electronic comments to the Federal 
eRulemaking Portal at: http://www.regulations.gov. Follow the 
instructions for submitting comments. The CPSC does not accept comments 
submitted by electronic mail (email), except through 
www.regulations.gov. The CPSC encourages you to submit electronic 
comments by using the Federal eRulemaking Portal, as described above.
    Written Submissions: Submit written comments by mail/hand delivery/
courier to: Division of the Secretariat, 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 docket number for this notice. All comments received may be posted 
without change to http://www.regulations.gov, including any personal 
identifiers, contact information, or other personal information 
provided. Do not submit confidential business information, trade secret 
information, or other sensitive or protected information that you do 
not want to be available to the public. If furnished at all, such 
information should be submitted by mail/hand delivery/courier.
    Docket: For access to the docket to read background documents or 
comments received, go to: http://www.regulations.gov, insert docket 
number CPSC-2019-0024 into the ``Search'' box, and follow the prompts.

FOR FURTHER INFORMATION CONTACT: Alberta Mills, Secretary, Division of 
the Secretariat, Consumer Product Safety Commission, 4330 East West 
Highway, Bethesda, MD 20814; telephone: 301-504-7479; email: 
[email protected].

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: (1) Safety vacuum release system; (2) Suction-limiting vent 
system; (3) Gravity drainage system; (4) Automatic pump shut-off 
system; (5) Drain disablement; or (6) any other system (``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).
    On June 23, 2015, PSD Industries submitted a petition, docketed as 
VGBA 15-1, requesting that the Commission classify VDT as an anti-
entrapment device or system under the VGBA. Petitioner defined ``VDT'' 
as: ``a system that removes the intense vacuum draw from the intake 
point of a pumping system by occluding the intake orifice from swimmers 
and diffusing the vacuum from a potential blockage immediately in 
multiple directions from the blockage.'' The petition stated that VDT 
protects against limb, hair, and mechanical entrapment, and mitigates 
evisceration. CPSC staff recommended that the Commission deny the 
petition. Staff determined that VDT was not as effective as the anti-
entrapment devices and systems listed in the VGBA because VDT did not 
protect against full body entrapment, mechanical entrapment, or 
evisceration and could be a potential source of hair and possibly, 
mechanical entrapment. The Commission voted to deny the petition.\1\
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    \1\ March 25, 2016 Record of Commission Action, available at: 
https://www.cpsc.gov/content/rca-petition-to-vgba-15-1-petition-for-
classification-of-``vacuum-diffusion-technology''-as-an.
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    PSD Industries has resubmitted its prior petition with additional 
materials and explanation. The resubmitted petition contains additional 
information based on third party testing conducted by Penn State 
University's Applied Research Laboratory. Petitioner asserts that ``VDT 
demonstrably and unequivocally prevents hair, limb, and mechanical 
entrapments.'' Additionally, petitioner asserts that protection against 
full-body entrapment is not a requirement to be ``equally effective as, 
or better than'' the enumerated anti-entrapment systems under the VGBA.
    By this notice, CPSC seeks comments concerning this petition. The 
petition is available at: http://www.regulations.gov, under Docket No. 
CPSC-2019-0024, Supporting and Related Materials. Alternatively, 
interested parties may obtain a copy of the petition by writing or 
calling the Division of the Secretariat, Consumer Product Safety 
Commission, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 
504-6833.

Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2019-22292 Filed 10-10-19; 8:45 am]
BILLING CODE 6355-01-P