View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

CPSC RIN: 3041-AD30 Publication ID: Fall 2016 
Title: Petition Requesting a Ban or Standard on Adult Portable Bed Rails 

The Commission received two requests, one from consumer advocate Gloria Black, the Consumer Federation of America, and 60 other organizations; and the second from Public Citizen, asking that the Commission initiate proceedings under section 8 of the Consumer Product Safety Act (CPSA) to determine that adult portable bed rails pose an unreasonable risk of injury and initiate related rulemaking under section 9 of the CPSA. Because both requests ask for rulemaking concerning the same product, the Commission is considering them as a single request, which was docketed as Petition CP 13-1 on May 15, 2013. Petitioners assert that adult portable bed rails are responsible for many injuries and deaths among users, particularly the elderly and frail, resulting from asphyxiation caused by entrapment within openings of the rail or between the rail and the mattress or bed frame. On May 21, 2013, the Commission voted unanimously to approve publication in the Federal Register of a notice soliciting comments on the petition. The notice was published on June 4, 2013. The comment period closed on August 5, 2013. Following review of the comments, staff sent to the Commission a briefing package on the petition on April 23, 2014. The Commission voted unanimously (3-0) to defer the petition and directed the staff to provide an update to the Commission in six months and again in 12 months on the progress of the voluntary standards process. The Commission directed staff to assess, at the 12-month update, the progress of the voluntary standard development and to make a recommendation on whether the Commission should grant the petition and initiate rulemaking. On April 22, 2015, staff sent an updated briefing package to the Commission, and the Commission voted (5-0) to defer the petition and directed staff to provide an update to the Commission in 9 months. On February 3, 2016, staff sent an updated briefing package to the Commission and will send another briefing package before January 2017.

Agency: Consumer Product Safety Commission(CPSC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Prerule Stage 
Major: Undetermined  Unfunded Mandates: No 
EO 13771 Designation: uncollected 
CFR Citation: Not Yet Determined     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 5 U.S.C. 553(e)    15 U.S.C. 2051   
Legal Deadline:  None
Action Date FR Cite
Petition Docketed  05/15/2013 
Notice for Comment Published in Federal Register  06/04/2013  78 FR 33393   
Comment Period End  08/05/2013 
Staff Sends Briefing Package to Commission  04/23/2014 
Commission Voted to Defer the Petition  05/01/2014 
Staff Provides Commission a 6-Month Update on the Voluntary Standards Process  11/04/2014 
Staff Provided Commission a 12-Month Update on Voluntary Standards  04/22/2015 
Staff Provided Commission a 9-Month Update on Voluntary Standards Process  02/03/2016 
Staff Provides Update on Voluntary Standards Process  01/00/2017 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Michael Taylor
Project Manager, Directorate for Laboratory Sciences
Consumer Product Safety Commission
National Product Testing and Evaluation Center, 5 Research Place,
Rockville, MD 20850
Phone:301 987-2338