Commission Finding That Shortens Periods For Issuing Information On Mesh Playpens

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