[Federal Register Volume 75, Number 49 (Monday, March 15, 2010)]
[Proposed Rules]
[Pages 12167-12168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5130]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1450
Virginia Graeme Baker Pool and Spa Safety Act; Public
Accommodation
AGENCY: Consumer Product Safety Commission.
ACTION: Proposed interpretive rule.
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SUMMARY: The Consumer Product Safety Commission (``Commission'' or
``CPSC'') is issuing this proposed rule to interpret the term ``public
accommodation'' as used in the Virginia Graeme Baker Pool and Spa
Safety Act.
DATES: Written comments in response to this document must be received
no later than April 14, 2010.
ADDRESSES: You may submit comments, identified by Docket No. CPSC-2010-
0018, 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 (e-mail) except through http://www.regulations.gov.
Written Submissions
Submit written submissions in the following way:
Mail/Hand delivery/Courier (for paper (preferably in five copies),
disk, or CD-ROM submissions), 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 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 comments or
comments received, go to http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Barbara E. Little, Regulatory Affairs
Attorney, Office of General Counsel, Consumer Product Safety
Commission, 4330 East West Highway, Bethesda, Maryland 20814-4408;
[email protected].
SUPPLEMENTARY INFORMATION:
A. Background
The Virginia Graeme Baker Pool and Spa Safety Act, 15 U.S.C. 8001,
(``VGB Act'' or ``Act'') requires that drains in public pools and spas
be equipped with ASME/ANSI A112.19.8 compliant drain covers, and that
each public pool and spa with a single main drain other than an
unblockable drain be equipped with certain secondary anti-entrapment
systems. Section 1404(c) of the Act. The Act defines ``public pool and
spa'' to include a swimming pool or spa that is ``open exclusively to
patrons of a hotel or other public accommodations facility.'' Section
1404(c)(2)(B)(iii) of the Act. The term ``public accommodations
facility'' is not defined in the Act.
The Commission has received numerous inquiries regarding what
constitutes a public accommodations facility under the VGB Act. This
proposed interpretive rule would define ``public accommodation'' as the
term in used in the Virginia Graeme Baker Pool and Spa Safety Act.\1\
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\1\ The Commissioners voted 4-1 (Commissioner Robert Adler
dissenting) to issue this proposed interpretive rule. Commissioner
Robert Adler filed a statement, a copy of which is available from
the Office of the Secretary or on the Commission's Web site at
http://www.cpsc.gov.
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B. Legal Analysis
In adopting a reasonable interpretation of ``public accommodations
facility,'' the Commission examined how other federal statutes define
this same term. The Americans with Disabilities Act (ADA) defines
``public accommodation'' in relevant part 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'' (emphasis added). 42 U.S.C. Sec.
12181(7). Under this definition, pools or spas found at bed and
breakfasts with five or fewer rooms for rent or hire and that are
actually occupied by the proprietor would not be considered ``public
pools or spas'' under the VGB Act, nor would pools or spas that are
located on single family home rental properties.
The Civil Rights Act (CRA) employs the same definition of ``public
accommodation'' in relevant part as does the ADA, i.e., ``any inn,
hotel, motel, or other establishment which provides lodging to
transient guests, other than an establishment located within a building
which contains not more than five rooms for rent or hire and which is
actually occupied by the proprietor of such establishment as his
residence'' (emphasis added). 42 U.S.C. 2000(b). This definition, then,
is used in two prominent federal statutes addressing civil rights.
Operators of inns, hotels, and lodging establishments likely are aware
of these statutes addressing civil rights and the definitions they
employ.
The phrase ``public accommodation'' also appears in a Federal
statute administered by the CPSC. Section 104(c) of the Consumer
Product Safety Improvement Act of 2008 (CPSIA) provides that it is a
violation of the Consumer Product Safety Act for ``any person to which
this subsection applies to manufacture * * * or otherwise place in the
stream of commerce a crib that is not in compliance with a
[[Page 12168]]
standard promulgated under subsection (b) [of section 104].'' Section
104(c)(2)(D) of the CPSIA provides, in relevant part, that section
104(c) of the CPSIA applies to any person who ``owns or operates a
public accommodation affecting commerce (as defined in section 4 of the
Federal Fire Prevention and Control Act of 1974 (FFPCA) (15 U.S.C.
2203)'' (emphasis added). Section 4 of the FFPCA defines a place of
public accommodation as ``any inn, hotel, or other establishment not
owned by the Federal Government that provides lodging to transient
guests, except that such term does not include an establishment treated
as an apartment building for purposes of any State or local law or
regulation or an establishment located within a building that contains
not more than 5 rooms for rent or hire and that is actually occupied as
a residence by the proprietor of such establishment'' (emphases added).
15 U.S.C. 2203(7). The FFPCA contains the same exclusion from public
accommodation as do the ADA and CRA; in other words, all three statutes
exclude an establishment located within a building that contains not
more than five rooms for rent or hire and that is actually occupied as
a residence by the proprietor of such establishment. The FFPCA, like
the VGB Act, is a statute intended to promote public safety. Further,
the FFPCA's definition is used in the CPSIA, a statute which is
administered by the CPSC. Parties familiar with the CPSC may already be
familiar with the definition of ``public accommodation'' as used in the
CPSIA. Thus, the Commission believes it is appropriate to enforce the
same interpretation of the phrase ``public accommodation'' in the VGB
Act as used in the CPSIA, especially given the similar public safety
goals of the statutes.
List of Subjects in 16 CFR Part 1450
Consumer protection, Infants and children, Law enforcement.
C. Conclusion
For the reasons stated above, the Commission proposes to amend
chapter II of title 16 of the Code of Federal Regulations by adding a
new part 1450 to read as follows:
PART 1450--VIRGINIA GRAEME BAKER POOL AND SPA SAFETY ACT
REGULATIONS
Sec.
1450.1 Scope.
1450.2 Definitions.
Authority: 15 U.S.C. 2051-2089, 86 Stat. 1207; 15 U.S.C. 8001-
8008, 121 Stat. 1794
Sec. 1450.1 Scope.
This part pertains to the Virginia Graeme Baker Pool and Spa Safety
Act, (``Act''), 15 U.S.C. 8001 et seq., which is designed to prevent
child drowning, drain entrapments and eviscerations in pools and spas.
Sec. 1450.2 Definitions.
(a) Public accommodations facility means 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.
(b) [Reserved.]
Dated: March 4, 2010.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2010-5130 Filed 3-12-10; 8:45 am]
BILLING CODE 6355-01-P