Commission Finding That Shortens Periods for Issuing News Release on Cadet Heaters

CONSUMER PRODUCT SAFETY COMMISSION

Commission Finding That Shortens Periods for Issuing News Release

on Cadet Heaters

AGENCY: Consumer Product Safety Commission.

ACTION: Notice.

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SUMMARY: The Commission finds that certain heaters made by Cadet

present a potential hazard to consumers 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: Renae Rauchschwalbe, Division of

Corrective Actions, Office of Compliance, Consumer Product Safety

Commission, Washington, DC 20207; telephone: (301) 504-0608 ext. 1362.

SUPPLEMENTARY INFORMATION:

A. Background

In October 1997, the Consumer Product Safety Commission and Cadet

Manufacturing Company, Inc. issued a joint news release about the

recall and retrofit of certain hazardous heaters. However, Cadet is not

conducting the corrective action described in the news release.

Therefore, the Commission has issued its own news release to inform

consumers about the situation.

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 Secs. 1101.23 (b) and (c) and 1101.25 (b) and (c).

Disclosure of the information in the news release 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. The Cadet heaters, which present to the

public the serious risks of burns, smoke inhalation, and electrocution,

should not be used until they are properly and adequately repaired. The

onset of cold weather in most of the country underscores the urgency of

informing consumers of the risks inherent in the use of these

particular heaters. Therefore, the Commission authorizes issuance of a

news release 24 hours after Cadet has been provided an opportunity to

comment on it, and an additional 24 hours after Cadet has been notified

that the Commission intends to issue the release over Cadet's accuracy

objections (if Cadet submits comments and if the Commission, after

evaluating the comments, decides to issue the release).

Dated: November 25, 1997.

Sadye E. Dunn,

Secretary of the Commission.

[FR Doc. 97-31500 Filed 11-26-97; 9:12 am]

BILLING CODE 6355-01-M