[Federal Register Volume 75, Number 204 (Friday, October 22, 2010)]
[Proposed Rules]
[Page 65263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26521]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1450
Virginia Graeme Baker Pool and Spa Safety Act; Public
Accommodation; Withdrawal of Proposed Rule
AGENCY: Consumer Product Safety Commission.
ACTION: Withdrawal of proposed rule.
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SUMMARY: In the Federal Register of March 15, 2010, the Consumer
Product Safety Commission (``CPSC'' or ``Commission'') issued a
proposed interpretive rule that would interpret the term ``public
accommodations facility'' as used in the Virginia Graeme Baker Pool and
Spa Safety Act (``VGB Act'' or ``Act'') as ``an inn, hotel, motel, or
other place of lodging, except for an establishment located within a
building that contains not more than five rooms for rent or hire and
that is actually occupied by the proprietor of such establishment as
the residence of such proprietor'' (75 FR 12167). The Commission is
withdrawing the March 15, 2010 proposed interpretive rule and,
elsewhere in this issue of the Federal Register, is issuing a new
proposed interpretive rule with a 60-day comment period which would
interpret ``public accommodations facility'' as ``an inn, hotel, motel,
or other place of lodging, including but not limited to, rental units
rented on a bi-weekly or weekly basis.''
DATES: The proposed interpretive rule is withdrawn as of October 22,
2010.
FOR FURTHER INFORMATION CONTACT: Barbara E. Little, Office of the
General Counsel, Consumer Product Safety Commission, 4330 East West
Highway, Bethesda, Maryland 20814; e-mail [email protected].
SUPPLEMENTARY INFORMATION: The Commission published a proposed
interpretive rule on the definition of ``public accommodations facility
in the Federal Register of March 15, 2010 (75 FR 12167). The proposed
interpretive rule would interpret ``public accommodations facility'' to
mean: ``An inn, hotel, motel, or other place of lodging, except for an
establishment located within a building that contains not more than
five rooms for rent or hire and that is actually occupied by the
proprietor of such establishment as the residence of such proprietor.''
CPSC staff prepared a draft final interpretative rule for the
Commission's approval, but, on August 4, 2010, the Commission voted to
withdraw the proposed interpretive rule and to direct CPSC staff to
draft a new proposed interpretive rule with a 60-day comment period and
interpreting ``public accommodations facility'' as ``an inn, hotel,
motel, or other place of lodging, including, but not limited to, rental
units rented on a bi-weekly or weekly basis.'' The Commission
preliminarily determined that the exception for an owner-occupied
establishment located within a building that contains not more than
five rooms for rent or hire is inappropriate in the context of pool and
spa safety because the number of units for rent or hire has no bearing
on the safety of the pool. In addition, the Commission wanted to make
clear that a residential facility may become a ``place of lodging'' if
the facility were to offer a significant number of short term stays.
Thus, the Commission, through this notice, is withdrawing the March
15, 2010 proposed interpretive rule. Elsewhere in this issue of the
Federal Register, the Commission is issuing a new proposed interpretive
rule to interpret ``public accommodations facility'' in the VGB Act as
``an inn, hotel, motel, or other place of lodging, including, but not
limited to, rental units rented on a bi-weekly or weekly basis.''
Dated: October 15, 2010.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2010-26521 Filed 10-21-10; 8:45 am]
BILLING CODE 6355-01-P