[Federal Register: November 30, 1998 (Volume 63, Number 229)]
[Notices]
[Page 65755]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30no98-46]

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CONSUMER PRODUCT SAFETY COMMISSION


Commission Finding That Shortens Periods For Issuing Information
On Mesh Playpens

AGENCY: Consumer Product Safety Commission.

ACTION: Notice.

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SUMMARY: The Commission finds that certain mesh playpens present a
potential hazard to children and that, to protect the public health and
safety, the customary manufacturer comment and notification periods
preceding public release of certain information shall be shortened.

FOR FURTHER INFORMATION CONTACT: William J. Moore, Jr., Trial Attorney,
Office of Compliance, Consumer Product Safety Commission, Washington,
DC 20207; telephone: (301) 504-0626 ext. 1348.

SUPPLEMENTARY INFORMATION:

A. Background

    The Commission staff negotiated with the manufacturers of mesh
playpens to recall many models with protruding rivets, catchpoints for
pacifier cords and children's clothing, that lead to strangulation of
toddlers. The manufacturers of the playpens are Graco Children's
Products, Inc., Bilt-Rite, Pride Trimble Corp., Pride Trimble, Inc.,
Kolcraft Enterprises, Inc., Hufco-Delaware, Evenflo Co., Inc., and
Strolee Co.
    The staff prepared a video news release (VNR), and provided the
manufacturers with the opportunity to comment on it beginning on
November 10. The staff received comments from the manufacturers, worked
with them, and made some requested changes. The staff informed the
manufacturers that it would issue the VNR on November 24.

B. Statutory and Regulatory Provisions

    Under section 6(b)(1) of the Consumer Product Safety Act (CPSA), 15
U.S.C. 2055(b)(1), the Commission must provide manufacturers or private
labelers with at least 30 days advance notice before disseminating
information that identifies the manufacturer's product. In addition,
section 6(b)(2) of the CPSA, 15 U.S.C. 2055(b)(2), requires at least 10
days additional notice if the manufacturer or private labeler claims
that the information to be released is inaccurate. However, the
Commission may provide lesser periods of notice, in both cases, if
``the Commission finds that the public health and safety requires a
lesser period of notice.''
    Under the CPSA and the Commission's regulations, the Commission
must publish its ``public health and safety'' findings in the Federal
Register. 16 CFR 1101.23(b) and (c) and 1101.25(b) and (c). Disclosure
of the information in the VNR may be made concurrently with the filing
of the Federal Register notice, and need not await its publication.

C. Commission Finding

    The Commission finds that the public health and safety requires
less notice than the periods of time specified in section 6(b) of the
Consumer Product Safety Act. Specifically, the 30-day period is reduced
to the period from November 10 until November 23 for the video news
release. In addition, the 10-day period is reduced to the period from
November 23 until November 24, 1998.

    Dated: November 24, 1998.
Sayde E. Dunn,
Secretary of the Commission.
[FR Doc. 98-31775 Filed 11-27-98; 8:45 am]
BILLING CODE 6355-01-P