[Federal Register: May 26, 2010 (Volume 75, Number 101)]
[Notices]
[Page 29520-29521]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26my10-30]
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CONSUMER PRODUCT SAFETY COMMISSION
[Docket No. CPSC-2009-0073]
Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Virginia Graeme Baker
Pool and Spa Safety Act; Compliance Form
AGENCY: Consumer Product Safety Commission.
ACTION: Notice.
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SUMMARY: The Consumer Product Safety Commission (``CPSC'') is
announcing that a proposed collection of information has been submitted
to the Office of Management and Budget (``OMB'') for review and
clearance under the Paperwork Reduction Act of 1995.
DATES: Fax written comments on the collection of information by June
25, 2010.
ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: CPSC Desk Officer,
FAX: 202-395-6974, or e-mailed to oira_submission@omb.eop.gov. All
comments should be identified by the CPSC Docket No. CPSC-2009-0073 and
the title ``Virginia Graeme Baker Pool and Spa Safety Act; Compliance
Form.'' The written comments should also be submitted to the CPSC,
identified by Docket No. CPSC-2009-0073, by any of the following
methods:
Submit electronic comments in the following way:
Federal eRulemaking Portal: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=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://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=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://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&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://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Linda Glatz, Division of Policy and
Planning, Office of Information Technology, Consumer Product Safety
Commission, 4330 East West Highway, Bethesda, MD 20814, 301-504-7671,
lglatz@cpsc.gov.
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, the CPSC
has submitted the following proposed collection of information to OMB
for review and clearance. TITLE: Virginia Graeme Baker Pool and Spa
Safety Act; Compliance Form (Docket No. CPSC-2009-0073).
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 one or more of the following devices and systems designed
to prevent entrapment by pool or spa drains: Safety vacuum release
system (``SVRS''); 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 spa drain cover. This compliance form may be viewed at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov, Docket No. CPSC-2009-0073, Supporting and Related
Materials. CPSC investigators or designated State or local government
[[Page 29521]]
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.
In the Federal Register of September 21, 2009, (74 FR 48064), the
CPSC published a 60-day notice requesting public comment on the
proposed collection of information. Seven comments were received.
Several commenters suggested the time burden allotted for the pool
operators to participate in the pool inspection was insufficient.
Based on the public comments and CPSC staff's experience inspecting
1,200 pools and spas, the estimated burden hours for pool operators
have been increased from 0.5 hours to 3.0 hours.
One commenter recommended that State or local officials use the
proposed compliance form during the inspections to ensure consistency.
In addition, the commenter stated that CPSC staff should accept
findings by State or local officials and not re-inspect the pool.
CPSC staff is working with State and local officials to avoid a
duplication of effort regarding pool inspections. State and local
officials are conducting a limited number of pool and spa inspections
to determine if the requirements of the Pool and Spa Safety Act have
been met. CPSC staff will follow up with the pool owner or operator if
corrective action is needed.
One commenter recommended an additional requirement for pool
operators to state how the facility will monitor the security of the
drain cover (i.e., insure it stays fastened in place) and note the
expiration date for the cover. Another commenter suggested that the
pool operators provide documentation that drain covers and/or SVRS were
correctly installed.
CPSC staff is aware of the importance of ensuring the security of
the drain cover, but those are policies for the facility to implement,
and are not a part of the inspection. However, CPSC staff will request
that the pool owner or operator provide the expiration date for the
drain covers in the compliance form.
One commenter suggested that, in order to minimize the burden, an
electronic form should be used and the pool owners/operators should
fill it out before the inspection. A few commenters requested
additional questions, or the use of different terms in the compliance
form.
The purpose of the compliance form is to ensure that the CPSC
inspection and data collection procedures are completed by CPSC staff
or the designated State or local government official. The compliance
form is not intended to be filled out by the pool owner or operator.
Based on the CPSC staff's experience with the compliance form to date,
the information obtained through the form adequately identifies drain
covers at pools and spas that do not meet the requirements of ASME/ANSI
A112.19.8, and except for the inclusion of the expiration date of the
drain cover, we will not otherwise revise the compliance form at this
time.
One commenter recommended that CPSC partner with local departments
of health, industry, or a non-profit so it can inspect a more
representative sample of pools.
CPSC is contracting with State and local officials to conduct pool
inspections that follow guidelines provided by CPSC for inspecting
pools for compliance with the Pool and Spa Safety Act. The State and
local officials can conduct the pool inspections when they do their
regular visits to these pools. CPSC staff will follow up with the pool
owner or operator if corrective action is needed.
Burden Estimates: The CPSC staff estimates that there may be
approximately 700 facilities inspected annually. 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 3 hours per inspection. Thus, the estimated total annual
burden hours for respondents are approximately 2,100 hours (700
inspections x 3 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. The CPSC staff estimates that the annualized cost to
all respondents is approximately $99,624 based on an hourly wage of
$47.44 per hour ($47.44 x 2,100) (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. 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.
Dated: May 19, 2010.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2010-12605 Filed 5-25-10; 8:45 am]
BILLING CODE 6355-01-P