[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3, 2000 (65 59868) is withdrawn as of April 11, 2011.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