[Federal Register Volume 76, Number 69 (Monday, April 11, 2011)]
[Proposed Rules]
[Page 19926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8557]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1500
Portable Bed Rails: Withdrawal of Advance Notice of Proposed
Rulemaking
AGENCY: Consumer Product Safety Commission.
ACTION: Withdrawal of advance notice of proposed rulemaking.
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SUMMARY: The U.S. Consumer Product Safety Commission (``Commission,''
``CPSC,'' or ``we'') is terminating a proceeding initiated for portable
bed rails under the Federal Hazardous Substances Act (``FHSA''), which
the Commission began with publication of an advance notice of proposed
rulemaking (``ANPR'') on October 3, 2000, 65 FR 58968. On August 14,
2008, the Consumer Product Safety Improvement Act of 2008 (``CPSIA'')
was enacted. Section 104(b) of the CPSIA requires the Commission to
promulgate consumer product safety standards for durable infant or
toddler products, which are to be ``substantially the same as''
applicable voluntary standards (or more stringent requirements if they
would further reduce the risk of injury associated with the product).
Elsewhere in this issue of the Federal Register, we are proposing a
safety standard for portable bed rails in response to section 104(b) of
the CPSIA. The proposed portable bed rail standard includes provisions
that address the risks of injury identified in the ANPR.
DATES: The advanced notice of proposed rulemaking published on October
3, 2000 (65 59868) is withdrawn as of April 11, 2011.
FOR FURTHER INFORMATION CONTACT: Rohit Khanna, Project Manager, Office
of Hazard Identification and Reduction, U.S. Consumer Product Safety
Commission, 4330 East West Highway, Bethesda, MD 20814; telephone (301)
504-7546; [email protected].
SUPPLEMENTARY INFORMATION:
A. Background
In the Federal Register of October 3, 2000 (65 FR 58968), we
published an advance notice of proposed rulemaking (``ANPR''), which
initiated a rulemaking proceeding that could result in a rule banning
portable bed rails that present an unreasonable risk of injury under
the FHSA. After publication of the ANPR, we worked with the voluntary
standards group, ASTM International (formerly known as the American
Society for Testing and Materials), which added provisions in its
standard for portable bed rails, ASTM F 2085, Standard Consumer Safety
Specification for Portable Bed Rails, to address entrapment hazards.
ASTM subsequently revised its standard to also address the structural
integrity of bed rails. The current edition of the standard is ASTM F
2085-10a.
The Consumer Product Safety Improvement Act of 2008 (``CPSIA'',
Pub. L. 110-314) was enacted on August 14, 2008. Section 104(b) of the
CPSIA requires the Commission to promulgate consumer product safety
standards for durable infant or toddler products. These standards are
to be ``substantially the same as'' applicable voluntary standards or
more stringent than the voluntary standard if the Commission concludes
that more stringent requirements would further reduce the risk of
injury associated with the product. Elsewhere in this issue of the
Federal Register, we are publishing a proposed rule that would
establish safety standards for portable bed rails that would
incorporate by reference voluntary standard ASTM F 2085-10a, Standard
Consumer Safety Specification for Portable Bed Rails, with certain
modifications to strengthen the standard, making it more stringent and
reducing the risk of injury associated with these products, including
provisions that address foam and inflatable bed rail products, and new
performance requirements to reduce the likelihood of misassembly and
misinstallation of portable bed rails by consumers.
B. Withdrawal of the ANPR
The rulemaking that the Commission is now initiating under section
104(b) of the CPSIA proposes to establish new requirements for portable
bed rails that will include the ASTM F 2085-10a, Standard Consumer
Safety Specification for Portable Bed Rails, with modifications.
Accordingly, we are withdrawing the October 3, 2000 ANPR and
terminating that rulemaking.
Dated: April 6, 2011.
Todd S. Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2011-8557 Filed 4-8-11; 8:45 am]
BILLING CODE 6355-01-P