[Title 16 CFR 1213]
[Code of Federal Regulations (annual edition) - January 1, 2002 Edition]
[Title 16 - COMMERCIAL PRACTICES]
[Chapter II - CONSUMER PRODUCT SAFETY COMMISSION]
[Subchapter B - CONSUMER PRODUCT SAFETY ACT REGULATIONS]
[Part 1213 - SAFETY STANDARD FOR ENTRAPMENT HAZARDS IN BUNK BEDS]
[From the U.S. Government Printing Office]
16COMMERCIAL PRACTICES22002-01-012002-01-01falseSAFETY STANDARD FOR ENTRAPMENT HAZARDS IN BUNK BEDS1213PART 1213COMMERCIAL PRACTICESCONSUMER PRODUCT SAFETY COMMISSIONCONSUMER PRODUCT SAFETY ACT REGULATIONS
PART 1213--SAFETY STANDARD FOR ENTRAPMENT HAZARDS IN BUNK BEDS--Table of Contents
Sec.
1213.1 Scope, application, and effective date.
1213.2 Definitions.
1213.3 Requirements.
1213.4 Test methods.
1213.5 Marking and labeling.
1213.6 Instructions.
1213.7 Findings.
Figures 1-4
Appendix to Part 1213--Findings Under the Consumer Product Safety Act
Authority: 15 U.S.C. 2056, 2058.
Source: 64 FR 71899, Dec. 22, 1999, unless otherwise noted.
Sec. 1213.1 Scope, application, and effective date.
(a) Scope, basis, and purpose. This part 1213, a consumer product
safety standard, prescribes requirements for bunk beds to reduce or
eliminate the risk that children will die or be injured from being
trapped between the upper bunk and the wall, in openings below
guardrails, or in other structures in the bed.
(b) Application and effective date. The standard in this part
applies to all bunk beds, except those manufactured only for
institutional use, that are manufactured in the United States, or
imported, on or after June 19, 2000. (Facilities intended for use by
children under age 6 are not considered to be institutions.) Bunk beds
intended for use by children are subject to the requirements in 16 CFR
1500.18(a)(18) and 16 CFR part 1513, and not to this part 1213. However,
those regulations are substantively identical to the requirements in
this part 1213.
Sec. 1213.2 Definitions.
As used in this part 1213:
Bed. See Bunk bed.
Bed end structure means an upright unit at the head and foot of the
bed to which the side rails attach.
Bunk bed means a bed in which the underside of any foundation is
over 30 inches (760 mm) from the floor.
Foundation means the base or support on which a mattress rests.
Guardrail means a rail or guard on a side of the upper bunk to
prevent a sleeping occupant from falling or rolling out.
Sec. 1213.3 Requirements.
(a) Guardrails. (1) Any bunk bed shall provide at least two
guardrails, at least one on each side of the bed, for each bed having
the underside of its foundation more than 30 inches (760 mm) from the
floor.
(2) One guardrail shall be continuous between each of the bed's end
structures. ``Continuous'' means that any gap between the guardrail and
end structure shall not exceed 0.22 inches (5.6 mm) (so as to not cause
a finger entrapment hazard for a child).
(3) The other guardrail may terminate before reaching the bed's end
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structures, providing there is no more than 15 inches (380 mm) between
either end of the guardrail and the nearest bed end structures.
(4) For bunk beds designed to have a ladder attached to one side of
the bed, the continuous guardrail shall be on the other side of the bed.
(5) Guardrails shall be attached so that they cannot be removed
without either intentionally releasing a fastening device or applying
forces sequentially in different directions.
(6) The upper edge of the guardrails shall be no less than 5 inches
(130 mm) above the top surface of the mattress when a mattress of the
maximum thickness specified by the bed manufacturer's instructions is on
the bed. This requirement does not prohibit a wall-side guardrail that
terminates in a quarter-circle bend and attaches to the side rail of the
upper bunk foundation.
(7) With no mattress on the bed, there shall be no openings in the
structure between the lower edge of the uppermost member of the
guardrail and the underside of the upper bunk's foundation that would
permit passage of the wedge block shown in Figure 1 of this part when
tested in accordance with the procedure at Sec. 1213.4(a).
(b) Bed end structures. (1) The upper edge of the upper bunk end
structures shall be at least 5 inches (130 mm) above the top surface of
the mattress for at least 50 percent of the distance between the two
posts at the head and foot of the upper bunk when a mattress and
foundation of the maximum thickness specified by the manufacturer's
instructions is on the bed.
(2) With no mattress on the bed, there shall be no openings in the
end structures above the foundation of the upper bunk that will permit
the free passage of the wedge block shown in Figure 1 when tested in
accordance with the procedure at Sec. 1213.4(b).
(3) When tested in accordance with Sec. 1213.4(c), there shall be no
openings in the end structures between the underside of the foundation
of the upper bunk and upper side of the foundation of the lower bunk
that will permit the free passage of the wedge block shown in Figure 1,
unless the openings are also large enough to permit the free passage of
a 9-inch (230-mm) diameter rigid sphere.
(4) All portions of the boundary of any opening required by
Sec. Sec. 1213.4(c)(1) and (2) to be probed by the wedge block of Figure
1, and that permits free passage of a 9-inch diameter sphere, must
conform to the neck entrapment requirements of Sec. 1213.4(c)(3).
Sec. 1213.4 Test methods.
(a) Guardrails (see Sec. 1213.3(a)(6)). With no mattress on the bed,
place the wedge block shown in Figure 1, tapered side first, into each
opening in the bed structure below the lower edge of the uppermost
member of the guardrail and above the underside of the upper bunk's
foundation. Orient the block so that it is most likely to pass through
the opening (e.g., the major axis of the block parallel to the major
axis of the opening) (``most adverse orientation''). Then gradually
apply a 33-lbf (147-N) force in a direction perpendicular to the plane
of the large end of the block. Sustain the force for 1 minute.
(b) Upper bunk end structure (see Sec. 1213.3(b)(2)). Without a
mattress or foundation on the upper bunk, place the wedge block shown in
Figure 1 into each opening, tapered side first, and in the most adverse
orientation. Determine if the wedge block can pass freely through the
opening.
(c) Lower bunk end structure (see Sec. 1213.3(b)(3)). (1) Without a
mattress or foundation on the lower bunk, place the wedge block shown in
Figure 1, tapered side first, into each opening in the lower bunk end
structure in the most adverse orientation. Determine whether the wedge
block can pass freely through the opening. If the wedge block passes
freely through the opening, determine whether a 9-inch (230-mm) diameter
rigid sphere can pass freely through the opening.
(2) With the manufacturer's recommended maximum thickness mattress
and foundation in place, repeat the test in paragraph (c)(1) of this
section.
(3) All portions of the boundary of any opening that is required to
be probed by the wedge block of Figure 1 by paragraphs (c)(1) and (c)(2)
of this section, and that permits free passage
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of a 9-inch diameter sphere, must satisfy the requirements of paragraphs
(c)(3)(i) and (c)(3)(ii) of this section addressing neck entrapment.
(i) Insert the ``A'' section of the test template shown in Figure 2
of this part into the portion of the boundary of the opening to be
tested, with the plane of the template in the plane of the opening and
with the centerline of the top of the template (as shown in Figure 2)
aligned parallel to the centerline of the opening, until motion is
stopped by contact between the test template and the boundaries of the
opening (see Figure 3 of this part). By visual inspection, determine if
there is simultaneous contact between the boundary of the opening and
both sides of the ``A'' section of the template. If simultaneous contact
occurs, mark the contact points on the boundary of the opening and
conduct the additional test described in paragraph (c)(3)(ii) of this
section.
(ii) To check the potential for neck entrapment, place the neck
portion of the ``B'' section of the template into the opening, with its
plane perpendicular to both the plane of the opening and the centerline
of the opening (see Figure 4 of this part). If the neck portion of the
``B'' section of the template completely enters the opening (passes 0.75
inch or more beyond the points previously contacted by the ``A'' section
of the template), the opening is considered to present a neck entrapment
hazard and fails the test, unless its lower boundary slopes downward at
45 deg. or more for the whole distance from the narrowest part of the
opening the neck can reach to the part of the opening that will freely
pass a 9-inch diameter sphere.
Sec. 1213.5 Marking and labeling.
(a) There shall be a permanent label or marking on each bed stating
the name and address (city, state, and zip code) of the manufacturer,
distributor, or retailer; the model number; and the month and year of
manufacture.
(b) The following warning label shall be permanently attached to the
inside of an upper bunk bed end structure in a location that cannot be
covered by the bedding but that may be covered by the placement of a
pillow.
[GRAPHIC] [TIFF OMITTED] TR22DE99.001
Sec. 1213.6 Instructions.
Instructions shall accompany each bunk bed set, and shall include
the following information.
(a) Size of mattress and foundation. The length and width of the
intended
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mattress and foundation shall be clearly stated, either numerically or
in conventional terms such as twin size, twin extra-long, etc. In
addition, the maximum thickness of the mattress and foundation required
for compliance with Sec. 1213.3(a)(5) and (b)(1) shall be stated.
(b) Safety warnings. The instructions shall provide the following
safety warnings:
(1) Do not allow children under 6 years of age to use the upper
bunk.
(2) Use guardrails on both sides of the upper bunk.
(3) Prohibit horseplay on or under beds.
(4) Prohibit more than one person on upper bunk.
(5) Use ladder for entering or leaving upper bunk.
(6) If the bunk bed will be placed next to a wall, the guardrail
that runs the full length of the bed should be placed against the wall
to prevent entrapment between the bed and the wall. (This applies only
to bunk beds without two full-length guardrails.)
Sec. 1213.7 Findings.
The Consumer Product Safety Act requires that the Commission, in
order to issue a standard, make the following findings and include them
in the rule. 15 U.S.C. 2058(f)(3). These findings are contained in the
appendix to this part 1213.
(a) The rule in this part (including its effective date of June 19,
2000 is reasonably necessary to eliminate or reduce an unreasonable risk
of injury associated with the product.
[These findings are contained in the appendix to this part 1213.]
(b) Promulgation of the rule is in the public interest.
(c) Where a voluntary standard has been adopted and implemented by
the affected industry, that compliance with such voluntary standard is
not likelyto result in the elimination or adequate reduction of the risk
of injury; or it is unlikely that there will be substantial compliance
with such voluntary standard.
(d) The benefits expected from the rule bear a reasonable
relationship to its costs.
(e) The rule imposes the least burdensome requirement that prevents
or adequately reduces the risk of injury for which the rule is being
promulgated.
[[Page 361]]
Figure 1 to Part 1213--Wedge Block for Tests in
Sec. 1213.4(a), (b), and (c)
[GRAPHIC] [TIFF OMITTED] TR22DE99.007
[[Page 362]]
Figure 2 to Part 1213--Test Template for Neck Entrapment
[GRAPHIC] [TIFF OMITTED] TR22DE99.003
[[Page 363]]
Figure 3 to Part 1213--Motion of Test Template Arrested by
Simultaneous Contact With Both Sides of ``A'' Section and
Boundaries of Opening
[GRAPHIC] [TIFF OMITTED] TR22DE99.004
[[Page 364]]
Figure 4 to Part 1213--Neck Portion of ``B'' Section of
Template Enters Completely Into Opening
[GRAPHIC] [TIFF OMITTED] TR22DE99.005
Appendix to Part 1213--Findings Under the Consumer Product Safety Act
The Consumer Product Safety Act requires that the Commission, in
order to issue a standard, make the following findings and include them
in the rule. 15 U.S.C. 2058(f)(3). Because of this, the facts and
determinations in these findings apply as of the date the rule was
issued, December 22, 1999.
A. The rule in this part (including its effective date of June 19,
2000) is reasonably necessary to eliminate or reduce an unreasonable
risk of injury associated with the product.
1. For a recent 9.6-year period, the CPSC received reports of 57
deaths of children under age 15 who died when they were trapped between
the upper bunk of a bunk bed and the wall or when they were trapped in
openings in the bed's structure. Over 96% of those who died in
entrapment incidents were age 3 or younger. On average, averting these
deaths is expected to produce a benefit to society with a present value
of about $175 to $350 for each bed that otherwise would not have
complied with one or more of the rule's requirements.
2. This increased safety will be achieved in two ways. First, all
bunk beds will be required to have a guardrail on both sides of the bed.
If the bed is placed against a wall, the guardrail on that side is
expected to prevent a child from being entrapped between the bed and the
wall. The guardrail on the wall side of the bed must extend continuously
from one end to the other. Second, the end structures of the bed must be
constructed so that, if an opening in the end structure is large enough
so a child can slip his or her body through it, it must be large enough
that the child's head also can pass through.
3. For the reasons discussed in paragraph D. of this Appendix, the
benefits of the changes to bunk beds caused by this rule will
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have a reasonable relationship to the changes' costs. The rule addresses
a risk of death, and applies primarily to a vulnerable population,
children under age 3. The life-saving features required by the rule are
cost-effective and can be implemented without adversely affecting the
performance and availability of the product. The effective date provides
enough time so that production of bunk beds that do not already comply
with the standard can easily be changed so that the beds comply.
Accordingly, the Commission finds that the rule (including its effective
date) is reasonably necessary to eliminate or reduce an unreasonable
risk of injury associated with the product.
B. Promulgation of the rule is in the public interest. For the
reasons given in paragraph A. of this Appendix, the Commission finds
that promulgation of the rule is in the public interest.
C. Where a voluntary standard has been adopted and implemented by
the affected industry, that compliance with such voluntary standard is
not likely to result in the elimination or adequate reduction of the
risk of injury; or it is unlikely that there will be substantial
compliance with such voluntary standard.
1. Adequacy of the voluntary standard. i. In this instance, there is
a voluntary standard addressing the risk of entrapment in bunk beds.
However, the rule goes beyond the provisions of the voluntary standard.
First, it eliminates the voluntary standard's option to have an opening
of up to 15 inches at each end of the wall-side guardrail. Second, it
requires more of the lower bunk end structures to have entrapment
protection. The voluntary standard protects against entrapment only
within the 9-inch space immediately above the upper surface of the lower
bunk's mattress. The mandatory standard extends this area of protection
upward to the level of the underside of the upper bunk foundation. Both
of these provisions, which are in the rule but not in the voluntary
standard, address fatalities and, as noted in paragraph D of this
Appendix, have benefits that bear a reasonable relationship to their
costs.
ii. Therefore, the Commission finds that compliance with the
voluntary standard is not likely to result in the elimination or
adequate reduction of the risk of entrapment injury or death.
2. Substantial compliance. i. Neither the CPSA nor the FHSA define
``substantial compliance.'' The March 3, 1999 Notice of Proposed
Rulemaking summarized an interpretation of ``substantial compliance''
that the Office of General Counsel provided to the Commission. 64 Fed.
Reg. 10245, 10248-49 (March 3, 1999). The Commission specifically
invited public comment on that interpretation from ``all persons who
would be affected by such an interpretation.'' Id. at 10249. The
Commission received more than 20 comments on the interpretation.
ii. Having now considered all the evidence that the staff has
presented, the comments from the public, and the legal advice from the
Office of General Counsel, the Commission concludes that there is not
``substantial compliance'' with the ASTM voluntary standard for bunk
beds within the meaning of the Consumer Product Safety Act and the
Federal Hazardous Substances Act. See, e.g., 15 U.S.C.
2058(f)(3)(D)(ii); 15 U.S.C. 1262(i)(2)(A)(ii). However, the Commission
does not adopt a general interpretation of ``substantial compliance''
focusing on whether the level of compliance with a voluntary standard
could be improved under a mandatory standard. Rather, the grounds for
the Commission's decision focus on the specific facts of this rulemaking
and are stated below.
iii. The legislative history regarding the meaning of ``substantial
compliance'' indicates that the Commission should consider whether
compliance is sufficient to eliminate or adequately reduce the risk of
injury in a timely fashion and that, generally, compliance should be
measured in terms of the number of complying products, rather than the
number of manufacturers who are in compliance. E.g., Senate Report No.
97-102, p. 14 (May 15, 1981); House Report No. 97-158, p. 11 (June 19,
1981); H. Conf. Rep. No. 97-208, 97th Cong., 1st Sess. 871, reprinted in
1981 U.S. Code Cong. & Admin. News 1010, 1233.
iv. Given this Congressional guidance, the Commission believes it
appropriate to examine the number of conforming products as the starting
point for analysis. However, the Commission does not believe that there
is any single percentage of conforming products that can be used in all
cases to define ``substantial compliance.'' Instead, the percentage must
be viewed in the context of the hazard the product presents. Thus, the
Commission must examine what constitutes substantial compliance with a
voluntary standard in light of its obligation to safeguard the American
consumer.
v. There are certain factors the agency considers before it
initiates regulatory action, such as the severity of the potential
injury, whether there is a vulnerable population at risk, and the risk
of injury. See 16 CFR 1009.8. These and other factors also appropriately
inform the Commission's decision regarding whether a certain level of
conformance with a voluntary standard is substantial. In the light of
these factors, industry's compliance rate with the voluntary standard
for bunk beds is not substantial.
vi. In this case, the Commission deals with the most severe risk--
death--to one of the most vulnerable segments of our population--infants
and young children. While
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the risk of death is not high, it exists whenever a young child is in a
residence with a nonconforming bunk bed.
vii. Additionally, some products, such as hairdryers without shock
protection devices, require some intervening action (dropping the hair
dryer into water) to create the hazard. By contrast, deaths in bunk beds
occur during the intended use of the product--a child rolling over in
bed or climbing in or out of it--without any intervening action.
viii. The Commission must also consider that bunk beds have a very
long product life, frequently being passed on to several families before
being discarded. Thus, a number of children may be exposed to a bed
during its useful life. Every noncomplying bed that poses an entrapment
hazard presents the potential risk of death to any young child in the
house. It is a risk that is hard for a parent to protect against, as
children find their way onto these beds even if they are not put to
sleep in them.
ix. Bunk beds are products that can be made relatively easily by
very small companies, or even by a single individual. The Office of
Compliance believes smaller entities will always present a compliance
problem, because new manufacturers can enter the marketplace relatively
easily and need little expertise to make a wooden bunk bed. The evidence
seems to support the view that there will always be an irreducible
number of new, smaller bunk bed manufacturers who will not follow the
voluntary standard.
x. What constitutes substantial compliance is also a function of
what point in time the issue is examined. In 1989, the Commission denied
a petition for a mandatory bunk bed rule. At that time, industry was
predicting that by April of 1989, 90% of all beds being manufactured
would comply with the voluntary guidelines. But that was in the context
of years of steadily increasing conformance and the hope that
conformance would continue to grow and that deaths and near-misses would
begin to decline. But the conformance level never grew beyond the
projection for 1989 and deaths and near-misses have not dropped.
xi. Even with the existing compliance rate, the Commission is
contemplating the prospect of perhaps 50,000 nonconforming beds a year
(or more) entering the marketplace, with many beds remaining in use for
perhaps 20 years or longer. Under these circumstances, a 10% rate of
noncompliance is too high.
xii. It is now clear that the bunk bed voluntary standard has not
achieved an adequate reduction of the unreasonable risk of death to
infants and children in a timely fashion, and it is unlikely to do so.
Accordingly, the Commission finds that substantial compliance with the
voluntary standard for bunk beds is unlikely.
xiii. Products that present some or all of the following factors
might not be held to as strict a substantial compliance analysis. Those
which:
--Rarely or never cause death;
--Cause only less severe injuries;
--Do not cause deaths or injuries principally to a vulnerable segment of
the population;
--Are not intended for children and which have no special attraction for
children;
--Have a relatively short life span;
--Are made by a few stable manufacturers or which can only be made by
specialized manufacturers needing a significant manufacturing investment
to produce the product;
--Are covered by a voluntary standard which continues to capture an
increasing amount of noncomplying products; or
--Require some additional intervening action to be hazardous.
xiv. And, in analyzing some other product, there could be other
factors that would have to be taken into consideration in determining
what level of compliance is adequate to protect the public. The
tolerance for nonconformance levels has to bear some relationship to the
magnitude and manageability of the hazard addressed.
xv. The Commission emphasizes that its decision is not based on the
argument that a mandatory rule provides more powerful enforcement tools.
If this were sufficient rationale, mandatory rules could always displace
voluntary standards, and this clearly was not Congress's intent. But,
with a mandatory standard, the necessity of complying with a mandatory
federal regulation will be understandable to small manufacturers. State
and local governments will have no doubt about their ability to help us
in our efforts to locate these manufacturers.
D. The benefits expected from the rule bear a reasonable
relationship to its costs.
1. Bunk beds that do not comply with ASTM's requirements for
guardrails. The cost of providing a second guardrail for bunk beds that
do not have one is expected to be from $15-40 per otherwise noncomplying
bed. If, as expected, the standard prevents virtually all of the deaths
it addresses, the present value of the benefits of this modification are
estimated to be from $175-350 per otherwise noncomplying bed. Thus, the
benefit of this provision is about 4-23 times its cost.
2. Bunk beds that comply with ASTM's requirements for guardrails.
The voluntary standard allows up to a 15-inch gap in the coverage of the
guardrail on the wall side of the upper bunk. Additional entrapment
deaths are addressed by requiring that the wall-side guardrail be
continuous from one end of the bed to the other. The estimated present
value of the benefits of this requirement is $2.40 to $3.50 per
otherwise noncomplying bed. The Commission estimates that
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the materials cost to extend one guardrail an additional 30 inches (760
mm) will be less than the present value of the benefits of making the
change. Further, the costs of any design changes can be amortized over
the number the bunk beds manufactured after the design change is made.
Thus, the costs of any design change will be nominal.
3. Lower bunk end structures. The Commission is aware of a death,
involving entrapment in the end structures of the lower bunk, occurring
in a scenario not currently addressed by the voluntary standard. This
death would be addressed by extending the voluntary standard's lower
bunk end structures entrapment provisions from 9 inches above the lower
bunk's sleeping surface to the bottom of the upper bunk and by also
including a test for neck entrapment in this area. The Commission
expects the costs of this requirement to be design-related only, and
small. Indeed, for some bunk beds, materials costs may decrease since
less material may be required to comply with these requirements than is
currently being used. Again, the design costs for these modifications to
the end structures can be amortized over the subsequent production run
of the bed.
4. Effect on market. The small additional costs from any wall-side
guardrails and end-structure modifications are not expected to affect
the market for bunk beds, either alone or added to the costs of
compliance to ASTM's provisions.
5. Conclusion. The Commission has no reason to conclude that any of
the standard's requirements will have costs that exceed the
requirement's expected benefits. Further, the total effect of the rule
is that the benefits of the rule will exceed its costs by about 4-23
times. Accordingly, the Commission concludes that the benefits expected
from the rule bear a reasonable relationship to its costs.
E. The rule imposes the least burdensome requirement that prevents
or adequately reduces the risk of injury for which the rule is being
promulgated. 1. The Commission considered relying on the voluntary
standard, either alone or combined with a third-party certification
program. However, the Commission concluded that a mandatory program will
be more effective in reducing these deaths, each of which is caused by
an unreasonable risk of entrapment. Accordingly, these alternatives
would not prevent or adequately reduce the risk of injury for which the
rule is being promulgated.
2. The Commission also considered a suggestion that bunk beds that
conformed to the voluntary standard be so labeled. Consumers could then
compare conforming and nonconforming beds at the point of purchase and
make their purchase decisions with this safety information in mind.
This, however, would not necessarily reduce injuries, because consumers
likely would not know there is a voluntary standard and thus would not
see any risk in purchasing a bed that was not labeled as conforming to
the standard.
3. For the reasons stated in this Appendix, no alternatives to a
mandatory rule have been suggested that would adequately reduce the
deaths caused by entrapment of children in bunk beds. Accordingly, the
Commission finds that this rule imposes the least burdensome requirement
that prevents or adequately reduces the risk of injury for which the
rule is being promulgated.