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CPSC RIN: 3041-AC96 Publication ID: Fall 2010 
Title: ●Virginia Graeme Baker Pool and Spa Safety Act; Interpretation of Unblockable Drain 
Abstract: On October 21, 2009, the Commission issued a notice in the Federal Register (74 FR 54031) announcing that it would be conducting a public hearing to receive views from all interested parties about draft guidance regarding unblockable drains as used in the Virginia Graeme Baker Pool and Spa Safety Act, 15 U.SC. 8001 et seq. The Commission invited public participation at this hearing. On November 4, 2009, the Commission conducted a public hearing on the staff's draft technical guidance and heard presentations from nine individuals. On April 6, 2010, the Commission voted 3-2 to interpret the term “unblockable drain” as used in the Virginia Graeme Baker Pool and Spa Safety Act, 15 U.S.C. 8001 et seq., as follows: unblockable drain includes a suction outlet defined as all components, including the sump and/or body, cover/grate, and hardware such that its perforated (open) area cannot be shadowed by the area of the 18” x 23” Body Blocking Element of ASME/ANSI A112.19.8-2007 and that the rated flow through the remaining open area (beyond the shadowed portion) cannot create a suction force in excess of the removal force values in Table 1 of that Standard. 
Agency: Consumer Product Safety Commission(CPSC)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 16 CFR 1450.2   
Legal Authority: 15 USC 8001 et seq   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Notice Regarding Commission Hearing November 4, 2009 on Draft Guidance on Unblockable Drains  10/21/2009  74 FR 54031   
Notice Regarding Commission Hearing February 16, 2010 on Interpretation of Unblockable Drains  02/12/2010  75 FR 8045   
Staff Sends Briefing Package to Commission  02/05/2010    
Commission Decision  04/06/2010    
Final Interpretive Rule  04/27/2010  75 FR 21985   
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Barbara E Little
Regulatory Affairs Attorney
Consumer Product Safety Commission
Office of the General Counsel, 4330 East West Highway,
Bethesda, MD 20814
Phone:301 504-7879
Email: blittle@cpsc.gov