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CPSC

RIN: 3041-AB91

Publication ID: Spring 2011

Title: Portable Bed Rails
Abstract: A portable bed rail is a device intended to be installed on an adult bed to prevent a child from falling out of the bed. Such bed rails may be constructed in a manner that allows children to become entrapped between the portable bed rail and the bed. This entrapment can result in serious injury or death. In October 2000, the Commission issued an advance notice of proposed rulemaking (ANPRM) addressing this issue. In 2001, staff sent a briefing package to the Commission, recommending that the Commission publish an NPRM for the development of a safety standard. In October 2001, the Commission voted to direct the staff to prepare an NPRM. During this same time, ASTM balloted a revision to the voluntary standard that was consistent with the CPSC staff's draft proposed standard and the NPRM was put on hold. Subsequently, staff evaluated the adequacy of, and conformance to, the revised standard. Section 104 of the Consumer Product Safety Improvement Act of 2008 (CPSIA) requires the Commission to issue consumer product safety standards for durable infant or toddler products. The Commission is directed to assess the effectiveness of applicable voluntary standards and, in accordance with the Administrative Procedure Act, promulgate consumer product safety standards that are substantially the same as the voluntary standard or more stringent than the voluntary standard if the Commission determines that more stringent standards would further reduce the risk of injury associated with the product. The CPSIA requires that, not later than August 14, 2009, the Commission begin rulemaking for at least two categories of durable infant or toddler products and promulgate two such standards every six months thereafter. The Commission will propose a consumer product safety standard for bed rails as part of this series of standards for durable infant and toddler products. The proposed standard is expected to be based on ASTM F 2085 Standard Consumer Product Safety Specification for Bed Rails, with possible changes or additions.
Agency: Consumer Product Safety Commission(CPSC)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: Undetermined	Unfunded Mandates: No
CFR Citation: Not Yet Determined     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 15 USC 1261, Federal Hazardous Substances Act    Consumer Product Safety Improvement Act, PL 110-314, sec 104(b)(1)(A)

Legal Deadline:  None

Timetable: Action Date FR Cite Staff Sent Briefing Package to Commission  06/28/2000     Commission Decision  09/21/2000     ANPRM  10/03/2000  65 FR 58968    ANPRM Comment Period End  12/04/2000     Staff Sent Briefing Package to Commission  10/01/2001     Commission Decision  10/30/2001     Staff Began Evaluating Conformance to Voluntary Standard  10/01/2005     Staff Sends Briefing Package to Commission  03/16/2011     Commission Decision  04/11/2011     Withdrawal of ANPRM  04/11/2011  76 FR 19926    NPRM  04/11/2011  76 FR 19914    NPRM Comment Period End  06/27/2011

Regulatory Flexibility Analysis Required: Undetermined	Government Levels Affected: Undetermined
Federalism: Undetermined
Included in the Regulatory Plan: No
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: No
Agency Contact: Rohit Khanna Project Manager, Office of Hazard Identification and Reduction Consumer Product Safety Commission National Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 20850 Phone:301 987-2508 Email: rkhanna@cpsc.gov