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CPSC RIN: 3041-AD50 Publication ID: Fall 2016 
Title: Petition for Rulemaking Regarding Virginia Graeme Baker Pool and Spa Safety Act Vacuum Diffusion Technology 
Abstract:

Section 1402(c)(1)(A)(ii) of the VGBA requires that each public pool and spa in the United States with a single main drain other than an unblockable drain be equipped, at a minimum, with one or more of the following anti-entrapment devices or systems: (i) Safety vacuum release system; (ii) suction-limiting vent system; (iii) gravity drainage system; (iv) automatic pump shut-off system; (v) drain disablement; (vi) any other system determined by the Commission to be equally effective as, or better than, these systems in preventing or eliminating the risk of injury or death associated with pool drainage systems (15 U.S.C. sec. 8003(c)(1)(A)(ii)). Petitioner submitted a petition to the Commission dated June 11, 2015, to initiate rulemaking to determine that vacuum diffusion technology ("VDT") is an anti-entrapment device or system under the VGBA. To include the VDT in the list of anti-entrapment devices or systems in the VGBA, the Commission must determine that the VDT is "equally effective as, or better than" the anti-entrapment devices and systems listed in section 1404(c)(1)(A)(ii) of the VGBA at preventing or eliminating the risk of injury or death associated with pool drainage systems. On March 16, 2016, staff sent a briefing package on the petition, recommending that the Commission deny the petition. The Commission voted unanimously (5-0) to deny the petition.

 
Agency: Consumer Product Safety Commission(CPSC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: None     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: Pub. L. 110-140   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Petition Docketed  07/22/2015 
Notice for Comment Published in Federal Register  08/04/2015  80 FR 46250   
Comment Period End  10/05/2015 
Staff Sends Briefing Package to Commission  03/16/2016 
Commission Decision  03/25/2016 
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:
Perry Sharpless
Project Manager, Directorate for Laboratory Sciences Mechanical
Consumer Product Safety Commission
National Product Testing and Evaluation Center, 5 Research Place,
Rockville, MD 20850
Phone:301 987-2288
Email: psharpless@cpsc.gov