19914 Federal Register / Vol. 76, No. 69 / Monday, April 11, 2011 / Proposed Rules 

condensate from the evaporator side of 

the product to enhance performance of 

the condenser. Central air conditioners, 

which are covered under ASHRAE 

Standard 37, generally do not have this 

feature and operate primarily with dry 

condensers. DOE notes that changes in 

the barometric pressure have an impact 

on the moist air conditions, and this 

may affect room air conditioner 

performance differently than it would 

affect central air conditioners because of 

the difference in condenser operation. 

This factor could lead to different 

efficiency measurement impacts of 

barometric pressure for these two types 

of products. DOE has not received any 

information from ASHRAE indicating 

that ASHRAE is considering revisions to 

Standard 16 at this time. 

DOE also received additional 

information from AHAM supporting the 

inclusion of the barometric pressure 

correction factor in the calculation of 

cooling capacity from ASHRAE 

Standard 16. AHAM indicated that as 

atmospheric pressure drops, so does the 

air density and, therefore, the mass of 

air in a room. As atmospheric pressure 

drops, the efficiency of a unit would 

also drop because there would be less 

medium for heat transfer. ‘‘The 

performance of the cooling coil is 

considerably influenced, and the 

cooling capacity of the air supplied to 

the conditioned room is reduced, by 

altitude effects because air density 

reduces * * *. Air mass flow rate is 

probably the most important effect of 

barometric pressure changes upon 

system performance. It is the air mass 

flow rate that transfers heat between 

cooler coils or condensers and 

airstreams and removes the sensible and 

latent heat gains from the conditioned 

space. Therefore, it is of vital 

importance that the correct air density 

or specific volume be used in 

calculations.’’ (William Peter Jones, Air 

Conditioning Applications and Design, 

32 (2d Ed. 1997)). AHAM indicated that 

because barometric pressure is 

connected to the measured efficiency of 

the unit, multiple tests of the same unit, 

under slightly different barometric 

pressure conditions, will likely produce 

different results. 

AHAM also provided data from a 

room air conditioner performance 

simulation using IMST–ART version 

3.30 modeling software of five 

simulations, in each case progressively 

reducing the barometric pressure inputs 

by 1 in. Hg starting from standard 

barometric pressure (29.92 in. Hg). The 

results from this simulation, presented 

below in Table 1, show that the cooling 

capacity decreases as atmospheric 

pressure decreases. 

TABLE 1—AHAM ROOM AIR CONDITIONER PERFORMANCE SIMULATION DATA

1. Units 2. Case 1 3. Case 2 4. Case 3 5. Case 4 6. Case 5 

Evaporator Inlet Pressure (Atmospheric Pressure 

Inputs).

psia ....................... 14.695 14.204 13.713 13.222 12.731 

Condenser Inlet Pressure (Atmospheric Pressure 

Inputs).

psia ....................... 14.695 14.204 13.713 13.222 12.731 

Condensation Temp. ............................................ °F .......................... 122.21 122.65 123.12 123.62 124.15 

Evaporation Temp. ............................................... °F .......................... 47.867 47.689 47.511 47.33 47.144 

Condensation Press. ............................................ psia ....................... 446.62 449.1 451.8 454.7 457.8 

Evaporation Press. ............................................... psia ....................... 151.96 151.53 151.09 150.64 150.18 

EER Fan/Pump Included ...................................... ............................... 11 10.8 10.7 10.6 10.4 

Cooling Capacity .................................................. Btu/h ..................... 11,740 11,670 11,590 11,500 11,420 

Refrigerant ............................................................ ............................... R410A R410A R410A R410A R410A 

DOE recently published a final rule to 

amend the test procedure for room air 

conditioners and clothes dryers. (75 FR 

972, Jan. 6, 2011). In the final rule, DOE 

noted that section 6.1.3 of ANSI/ 

ASHRAE Standard 16–1983 (RA 2009) 

introduces a correction factor based on 

the test room condition’s deviation from 

the standard barometric pressure of 

29.92 inches (in.) of mercury (Hg) (101 

kilopascal (kPa)). Section 6.1.3 of ANSI/ 

ASHRAE Standard 16–1983 (RA 2009) 

states that the cooling capacity may be 

increased 0.8 percent for each in. of Hg 

below 29.92 in. of Hg (0.24 percent for 

each kPa below 101 kPa). For the 

reasons stated in the final rule, DOE 

amended the DOE test procedure to 

reference the relevant section of the 

ANSI/ASHRAE Standard and include 

use of the barometric pressure 

correction factor. 

The amended test procedure was 

effective February 7, 2011 and applies 

prospectively. DOE notes that the 

Administrative Procedure Act defines a 

rule as being prospective in nature. 5 

U.S.C. 551(4) (‘‘ ‘rule’ means the whole 

or a part of an agency statement of 

general or particular applicability and 

future effect * * *’’) In addition, the 

Supreme Court has stated that absent 

express statutory authority, agencies 

cannot promulgate retroactive rules. See 

Bowen v. Georgetown University 

Hospital, 488 U.S. 204 (1988). The 

Energy Policy and Conservation Act of 

1975, as amended, 42 U.S.C. 6291, et 

seq., does not authorize DOE to specify 

retroactive application of any portion of 

the test procedure in a test procedure 

rulemaking. 

For the reasons stated above, DOE 

denies AHAM’s petition as moot. 

Issued in Washington, DC, on April 4, 

2010. 

Sean A. Lev, 

Acting General Counsel. 

[FR Doc. 2011–8588 Filed 4–8–11; 8:45 am] 

BILLING CODE 6450–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1224 

[CPSC Docket No. CPSC–2011–0019] 

Safety Standard for Portable Bed Rails: 

Notice of Proposed Rulemaking 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: Section 104(b) of the 

Consumer Product Safety Improvement 

Act of 2008 (‘‘CPSIA’’) requires the U.S. 

Consumer Product Safety Commission 

(‘‘CPSC,’’ ‘‘Commission,’’ or ‘‘we’’) 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. The Commission is 

proposing a more stringent safety 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 69 / Monday, April 11, 2011 / Proposed Rules 19915 

1The Commission voted 5–0 to approve 

publication of this notice of proposed rulemaking. 

Commissioner Nancy Nord filed a statement 

concerning this action which may be viewed on the 

Commission’s Web site at http://www.cpsc.gov/pr/ 

statements.html or obtained from the Commission’s 

Office of the Secretary. 

standard for portable bed rails that will 

further reduce the risk of injury 

associated with these products.1

DATES: Written comments must be 

received by June 27, 2011. Interested 

persons are requested to submit 

comments regarding information 

collection by May 11, 2011, to the Office 

of Information and Regulatory Affairs, 

OMB (see ADDRESSES). 

ADDRESSES: Comments, identified by 

Docket No. CPSC–2011–0019, may be 

submitted by any of the following 

methods: 

Electronic Submissions 

Submit electronic comments in the 

following way: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

To ensure timely processing of 

comments, the Commission is no longer 

accepting comments submitted by 

electronic mail (e-mail) except through 

http://www.regulations.gov. 

Written Submissions 

Submit written submissions in the 

following way: 

• Mail/Hand delivery/Courier (for 

paper, disk, or CD–ROM submissions), 

preferably in five copies, to: Office of 

the Secretary, U.S. Consumer Product 

Safety Commission, Room 502, 4330 

East West Highway, Bethesda, MD 

20814; telephone (301) 504–7923. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. All 

comments received may be posted 

without change, including any personal 

identifiers, contact information, or other 

personal information provided, to 

http://www.regulations.gov. Do not 

submit confidential business 

information, trade secret information, or 

other sensitive or protected information 

electronically. Such information should 

be submitted in writing. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. 

Comments related to the Paperwork 

Reduction Act aspects of the 

instructional literature and marking 

requirements of the proposed rule 

should be directed to the Office of 

Information and Regulatory Affairs, 

OMB, Attn: CPSC Desk Officer, FAX: 

202–395–6974, or e-mailed to 

oira_submission@omb.eop.gov. 

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; rkhanna@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background and Statutory Authority 

1. The Consumer Product Safety 

Improvement Act 

The Consumer Product Safety 

Improvement Act of 2008, Public Law 

110–314 (‘‘CPSIA’’) 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. This document proposes a 

safety standard for portable bed rails. 

The proposed standard is substantially 

the same as the voluntary standard 

developed by ASTM International 

(formerly known as the American 

Society for Testing and Materials), 

ASTM F 2085–10a, ‘‘Standard Consumer 

Safety Specification for Portable Bed 

Rails,’’ but we are proposing some 

modifications to strengthen the standard 

because these more stringent 

requirements would further reduce the 

risk of injury associated with portable 

bed rails. 

2. Previous Commission Rulemaking 

Activity Concerning Portable Bed Rails 

In the Federal Register of October 3, 

2000 (65 FR 58968), we published an 

advance notice of proposed rulemaking 

(‘‘ANPR’’) inviting written comments 

concerning the risks of injury associated 

with portable bed rails, regulatory 

alternatives discussed in the ANPR, 

other possible ways to address the risks 

of injury associated with portable bed 

rails, and the economic impacts of the 

regulatory alternatives. The ANPR was 

intended to initiate a rulemaking 

proceeding that could result in a rule 

banning portable bed rails that present 

an unreasonable risk of injury, and we 

issued the ANPR under our authority in 

the Federal Hazardous Substances Act 

(‘‘FHSA’’). Elsewhere in this issue of the 

Federal Register, the Commission has 

issued a notice that the Commission has 

terminated the rulemaking proceeding 

that it began under the FHSA because it 

has been superseded by the rulemaking 

required under section 104(b) of the 

CPSIA. 

In May 2001, the ASTM published a 

standard, ASTM F 2085, ‘‘Standard 

Consumer Safety Specification for 

Portable Bed Rails.’’ In October 2001, 

CPSC staff prepared a draft proposed 

standard, which included performance 

requirements to address entrapment 

hazards on portable bed rails. The 

Commission voted to direct CPSC staff 

to prepare a notice of proposed 

rulemaking (‘‘NPR’’) based on its 

recommended standard. Thereafter, the 

ASTM Portable Bed Rail Subcommittee 

agreed to ballot a revision to ASTM F 

2085 that was substantially the same as 

CPSC staff’s recommended standard. 

Accordingly, we did not issue an NPR 

at that time. ASTM approved and 

published the revised standard in June 

2003. In 2008, ASTM published another 

revision to the standard that included a 

structural integrity test to address fall 

incidents involving hinge lock 

mechanism failures. From 2009 to 2010, 

ASTM made and published minor 

revisions to the standard. The current 

edition of the standard is ASTM F 

2085–10a, ‘‘Standard Consumer Safety 

Specification for Portable Bed Rails.’’ 

The standard in this proposed rule 

would be more stringent in some 

respects than the voluntary standard 

ASTM F 2085–10a. The proposed 

modifications, if finalized, will further 

reduce the risk of death and injury 

associated with portable bed rails. 

B. The Product 

ASTM F 2085–10a defines a ‘‘portable 

bed rail’’ as a ‘‘portable railing installed 

on the side of an adult bed and/or on 

the mattress surface which is intended 

to keep a child from falling out of bed.’’ 

The scope of the ASTM standard also 

states that a portable bed rail ‘‘is as a 

device intended to be installed on an 

adult bed to prevent children from 

falling out of bed.’’ Portable bed rails are 

intended for children (typically from 2 

to 5 years of age) who can get in and out 

of an adult bed unassisted. They include 

bed rails that only have a vertical plane 

that presses against the side of the 

mattress but does not extend over it 

(referred to as ‘‘adjacent type bed rails’’), 

as well as bed rails that extend over the 

sleeping surface of the mattress (called 

‘‘mattress-top bed rails’’). 

A review of market information shows 

that there are products that differ from 

traditional, rigid portable bed rails in 

that they are constructed of nonrigid 

materials, such as foam or inflatable 

materials. Although these foam and 

inflatable products do not use the term 

‘‘bed rails’’ in their packaging or 


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19916 Federal Register / Vol. 76, No. 69 / Monday, April 11, 2011 / Proposed Rules 

labeling, we believe that the products 

meet the definition of a portable bed rail 

and should be included in the scope of 

the voluntary standard. However, most 

performance requirements of ASTM F 

2085–10a do not apply to these products 

because the standard was developed to 

address the hazards from portable bed 

rails constructed from rigid (wood/ 

metal) materials. Accordingly, the 

proposed rule would revise ASTM F 

2085–10a to include foam and inflatable 

products, but would require that only 

certain relevant provisions of the 

standard apply to such items. 

Both portable bed rails made for a 

specific manufacturer’s adult-size beds 

and ‘‘universal’’ bed rails that can attach 

to any adult-size bed are included in the 

scope of ASTM F 2085–10a. However, 

guard rails that are used with crib 

mattresses on toddler beds are not 

covered under the voluntary standard. 

They are addressed under the Consumer 

Safety Standard for Toddler Beds (April 

28, 2010, 75 FR 22291). Other products 

that are not covered by ASTM F 2085– 

10a include: side rails that connect the 

headboard to the footboard and may or 

may not have any barrier purposes; 

conversion rails intended to convert a 

crib to a full-size bed; and adult-size 

beds where the rail is permanently 

attached to the bed (i.e., bunk beds). 

Additionally, the U.S. Food and Drug 

Administration (‘‘FDA’’) has several 

regulations pertaining to hospital beds, 

including a regulation for pediatric 

hospital beds (21 CFR 880.5140). The 

FDA regulations, in general, identify a 

hospital bed as having (among other 

things) movable and latchable side rails. 

If a pediatric hospital bed is subject to 

regulation by the FDA as a medical 

device, then the bed rails on that 

pediatric hospital bed are outside the 

scope of this proposed rule. 

C. ASTM Voluntary Standard 

The ASTM standard for portable bed 

rails was first published in May 2001 

(ASTM F 2085–01). This was a 

minimum standard with requirements 

for labeling but no performance 

requirements. The portable bed rails 

that met the 2001 standard typically 

were designed with two arms at right 

angles to the vertical portion of the rail. 

This type of portable bed rail was 

installed on a bed by inserting the arms 

between the mattress foundation and 

the mattress. These older style portable 

bed rails relied on friction between the 

arms and the foundation/mattress to 

stay in place. However, this type of 

design allowed the portable bed rail to 

be moved outward away from the 

mattress unintentionally if a force was 

applied in that direction. An outward 

force may result from activity by a child 

in the bed while the child is asleep or 

awake. Once the bed rail is moved 

outward, a gap could be created 

between the vertical portion of the rail 

and the side of the mattress. The 

primary hazard scenario would involve 

a child rolling into a gap between the 

mattress and portable bed rail and 

becoming entrapped. Once entrapped, 

the child could suffocate or strangle. 

To address this hazard, the ASTM 

Subcommittee on Portable Bed Rails 

revised the standard in June 2003 

(ASTM F 2085–03). ASTM F 2085–03 

addressed the entrapment hazard by 

including a new section, ‘‘Openings 

Created by a Displacement,’’ with 

requirements to deal with displacement 

of a portable bed rail. In 2008, ASTM 

published a revised standard (ASTM F 

2085–10) that included a structural 

integrity test to address incidents 

involving hinge lock mechanism 

failures. From 2009 to 2010, ASTM 

made and published minor revisions to 

the standard. The current edition of the 

standard is ASTM F 2085–10a. 

To assess the adequacy of ASTM F 

2085–10a, we tested a variety of 

portable bed rails currently in the 

market. Several portable bed rails were 

certified to ASTM F 2085–10a by the 

Juvenile Products Manufacturers 

Association (‘‘JPMA’’). JPMA operates a 

program to certify portable bed rails to 

the voluntary standard. To obtain JPMA 

certification, manufacturers submit their 

products to an independent test 

laboratory for conformance testing to the 

most current voluntary standard. For 

portable bed rails that are assembled 

and installed in accordance with the 

manufacturer’s instructions, we believe 

that the requirements to address 

structural integrity and prevent 

displacement from the mattress are 

adequate. However, if a portable bed rail 

is misassembled or misinstalled on the 

bed, it could present an entrapment 

hazard. ASTM F 2085–10a does not 

address misassemby or misinstallation 

of portable bed rails. 

We also reviewed the British Standard 

Institution (‘‘BSI’’) standard for bed rails, 

BS 7972:2001+A1:2009 Safety 

Requirements and Test Methods for 

Children’s Bedguards for Domestic Use. 

The BSI standard primarily addresses 

entrapment and structural integrity, but 

also includes some requirements for 

warning labels. The BSI standard also 

contains a performance requirement that 

the bed rail remain attached to the bed 

after rolling a 30 lb cylinder into the bed 

rail. The test simulates a child rolling 

into the bed rail; the ASTM standard 

does not have an equivalent 

requirement. We conducted limited 

testing to compare this requirement 

with requirements in the ASTM 

standard that address potential 

entrapment hazards. Based on staff’s 

review, we find that the ASTM standard 

is more stringent than the BSI standard 

because the ASTM test methods provide 

more stress to the portable bed rail and 

mattress interface when evaluating 

entrapment hazards. 

D. Incident Data 

1. Incident Reports 

The CPSC Directorate for 

Epidemiology analyzed incident data 

related to portable bed rails from 

January 1, 2000 through March 31, 2010. 

We received reports of a total of 132 

incidents related to portable bed rails. 

Among the 132 reported incidents, there 

were 13 fatalities, 40 nonfatal injuries, 

and 79 noninjury incidents. Of the 13 

child fatalities reported involving 

portable bed rails, most children (9 out 

of 13) were under 1 year old; two were 

between 1 and 2 years old; and two 

children, both physically handicapped, 

were 6 years old. While all 13 incidents 

reported some sort of entrapment of the 

child between the portable bed rail and 

the mattress, no additional product- or 

scenario-specific information was 

available for five reports. Among the 

remaining eight incidents, two deaths 

resulted from portable bed rail 

displacement, when the portable bed 

rail partially pushed away from 

underneath the mattress and allowed 

the child to fall into the opening and get 

trapped. There were three cases of 

portable bed rail misassembly. In the 

first incident, the middle bar was 

absent, and the child rolled into the 

mesh and got wedged between the 

mattress and the rail. In the second 

incident, the middle bar was not 

inserted through the mesh sleeve, and 

the child’s head slipped between the 

bottom edge of the mesh panel and the 

top edge of the mattress. In the third 

incident, the bottom horizontal bar was 

not attached to the vertical bar, resulting 

in a hazardous gap. In the remaining 

three fatality incidents, not enough 

information was available to determine 

the contributing factor(s) that led to the 

hazardous entrapment scenario. The 

beds used in all eight cases were adultsize. 

A total of 40 nonfatal incidents 

associated with the use of a portable bed 

rail involved injury to a child. Eightythree percent of the injured children 

were 2 years old or older. The majority 

of the injuries (28 out of 40, or 70 

percent) were identified as fractures/ 

contusions resulting from a fall when 

the portable bed rail became dislodged, 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 69 / Monday, April 11, 2011 / Proposed Rules 19917 

or lacerations/scratches on sharp or 

broken surfaces of the portable bed rail. 

The remaining injuries resulted from the 

child getting caught on a torn mesh 

panel of the rail; the child getting 

partially entrapped in a portable bed rail 

that was partly pushed out; and the 

child nearly choking on small parts 

(e.g., hardware or labels) that separated 

from the portable bed rail. While no 

injuries were reported for the remaining 

79 incidents, the incident scenarios 

indicate that injuries or fatalities 

potentially could have occurred. 

2. Hazard Patterns 

We considered the 132 incidents 

together to identify the hazard patterns 

associated with portable bed rail-related 

incidents. The hazard patterns can be 

grouped into the following categories: 

• Displacement of the portable bed 

rail—Sixty-nine of the 132 incidents (52 

percent) involved the displacement of 

the portable bed rail, where the portable 

bed rail pushed out from underneath the 

mattress and created an opening 

between the mattress and the rail. In 

cases where the opening was small, the 

child became entrapped in the space. In 

cases where the opening was wide or 

the rail dislodged completely, the child 

fell to the floor. There were two fatal 

incidents, where the portable bed rail 

had pushed out partially and entrapped 

the child. There were about 21 nonfatal 

injuries that resulted from displacement 

of the rail. A small proportion of the 69 

incident reports provided enough 

information to indicate that, for some 

‘‘double-rail’’ configurations (i.e., a 

design that has two bed rails, one on 

each side of the mattress), failure of the 

push-pin or buckle lock mechanism (on 

the connecting bars/straps underneath 

the mattress) usually was the main 

cause of the portable bed rail 

displacement. 

• Worn or poor quality fabric on 

mesh panel—Seventeen of the 132 

incidents (13 percent) involved a tear in 

the mesh, the unraveling of the stitching 

around the mesh, or simply very loose 

fabric on the mesh panel. Most nonfatal 

incident reports in this category 

involved the child getting caught in the 

tear/hole (tooth, limb, or even head); 

loose thread from the stitching getting 

tightly wound around the child (finger 

or neck); and mesh coming completely 

loose, allowing the child to slide 

through the panel and fall. Many 

consumers in the incident reports 

expressed concern over the potential of 

the tears/holes in the mesh to become 

larger and increase the risk of 

strangulation. 

• Sharp surface—Fourteen of the 132 

incidents (11 percent) involved 

lacerations or scratches, or the potential 

thereof, on sharp surfaces of the 

portable bed rail. Some of the portable 

bed rails reportedly involved in these 

incidents had sharp surfaces to begin 

with, while in other incidents, sharp 

surfaces were created when parts of the 

portable bed rail broke away. 

Occasionally, depending upon the part 

that broke, the broken components 

created a potential fall hazard. 

• Hinge lock disengagement—Eleven 

of the 132 incidents (8 percent) involved 

the hinge lock mechanism failing to 

remain locked to keep the side panel in 

an upright position. This allowed the 

child to fall out. Three out of the 11 

incidents involving hinge lock 

mechanism failures resulted in injuries. 

• Misassembly—Seven of the 132 

incidents (5 percent) involved either 

misassembly or misinstallation of the 

portable bed rail. Misassembly resulted 

in three fatalities. In the first case, the 

middle bar was absent; in the second 

case, the middle bar was not inserted 

through the mesh sleeve; and in the 

third case, the bottom horizontal bar 

was not attached to the vertical bar. 

Examples of nonfatal incidents related 

to misinstallation included the use of a 

portable bed rail on a toddler bed, as 

well as the use of a portable bed rail 

with an extra thick mattress, which 

prevented the portable bed rail from 

attaching securely. 

• Miscellaneous Other or Unknown 

Issues—Fourteen of the 132 incidents 

(11 percent) involved other problems 

not listed above. Six reports—including 

five fatalities—did not provide any 

product- or scenario-specific 

information. Three additional fatality 

reports provided insufficient 

information to draw any conclusions 

about why the portable bed rail was not 

flush with the mattress. The remaining 

five nonfatal incidents involved the 

potential for choking on small parts, 

such as loose hardware or labels; 

instability issues resulting from loose 

hardware; and inadequate design issues, 

such as extra-wide openings in 

nonmesh side panels or insufficient rail 

height. 

E. Assessment of Voluntary Standard 

ASTM F 2085–10a and Description of 

Proposed Changes and the Proposed 

Rule 

1. Assessment of Voluntary Standard 

ASTM F 2085–10a 

Section 104(b) of the CPSIA requires 

the Commission to assess the 

effectiveness of the voluntary standard 

in consultation with representatives of 

consumer groups, juvenile product 

manufacturers, and other experts. CPSC 

staff has consulted with these groups 

regarding the ASTM voluntary standard, 

Consumer Safety Specification for 

Portable Bed Rails, throughout its 

development. Consultation with 

members of this subcommittee is 

ongoing. ASTM F 2085–10a contains 

several labeling and performance 

criteria. The standard addresses many of 

the same hazards associated with other 

durable nursery products, and includes 

requirements for lead in paints, sharp 

edges/sharp points, small parts, wood 

part splinters, structural integrity, 

openings, protrusions, and warning 

labels. For the eight fatal incidents 

associated with portable bed rails for 

which investigations by CPSC staff were 

completed, we identified two major 

contributing factors: (1) Improper 

installation, and (2) misassembly. It is 

also notable that 11 of the 13 deaths 

involved children under 2 years old. 

Portable bed rails, which are meant to 

be installed on an adult bed, are not 

intended for this age group. Placing a 

railing on the side of an adult bed does 

not make the adult bed safe for infants 

(i.e. convert an adult bed into a crib). 

Despite the current warning label 

cautioning against the use of this 

product with children under 2 years 

old, parents of infants continue to use 

this product with their infants. 

Most portable bed rails currently in 

the market are difficult for consumers to 

assemble correctly, due to the number of 

components and the complexity of the 

fastening hardware. There were three 

fatal incidents involving misassembled 

portable bed rails and, based on our 

testing of sample portable bed rails, 

consumers are likely to have difficulty 

assembling and installing portable bed 

rails correctly. The proposed rule would 

contain new performance requirements 

and associated test methods to address 

misassembly of portable bed rails. 

These proposed performance 

requirements should reduce the 

likelihood of portable bed rail 

misassembly. The proposed 

misassembly performance requirements 

would prevent portable bed rail 

entrapment fatalities that result from 

assembly of a product without critical 

assembly components (i.e., any 

component of the portable bed rail that 

requires consumer assembly to meet the 

performance requirements); incorrectly 

installing the portable bed rail’s fabric 

cover/mesh (if present); or inverting/ 

interchanging parts of the portable bed 

rail. The addition in the standard of 

misassembly performance requirements 

will result in portable bed rail designs 

that will render the portable bed rail no 

longer functional if it is not assembled 

according to the manufacturer-intended 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
19918 Federal Register / Vol. 76, No. 69 / Monday, April 11, 2011 / Proposed Rules 

final assembly, or make it obvious to the 

consumer that the product is 

misassembled. While current portable 

bed rail designs do not meet the 

proposed misassembly requirements, we 

are aware of the technical feasibility of 

this requirement because we have 

developed and demonstrated to ASTM, 

two prototypes using common portable 

bed rails designs (adjacent style and 

mattress top) that meet the proposed 

requirements. 

The proposed rule also would contain 

a new performance requirement and 

associated warning label for portable 

bed rail critical installation components 

to address issues related to 

misinstallation of portable bed rails. 

Although we are not aware of any 

deaths associated with portable bed rail 

misinstallation, we are aware of 

entrapment hazards caused by 

misinstallation. Furthermore, review 

and testing of market samples indicate 

that some consumers may have 

difficulty installing portable bed rails, 

which could lead to potentially 

hazardous conditions. Installation of a 

portable bed rail onto a bed can require 

complex or physically demanding 

adjustments to the portable bed rail, 

particularly when reaching between the 

mattress and mattress foundation. A 

portable bed rail that has been installed 

improperly could move away from the 

mattress and form a hazardous gap. 

Portable bed rail installation 

components, such as anchor plate and 

strap combinations, can be misplaced, 

or not used at all. The proposed 

performance requirement for critical 

installation components would increase 

the likelihood that such components are 

attached permanently to a structural 

component of the portable bed rail. In 

addition, a proposed new warning label 

for critical installation components 

would reinforce the importance of using 

the installation components when 

installing portable bed rails onto the bed 

and reduce the likelihood of 

misinstallation. 

2. Proposed Changes to the ASTM 

Standard’s Requirements 

Consistent with section 104(b) of the 

CPSIA, the Commission, through this 

proposed rule, would establish a new 16 

CFR part 1224, Safety Standard for 

Portable Bed Rails. The new part 1224 

would incorporate by reference the 

requirements for portable bed rails in 

ASTM F 2085–10a with certain changes 

to specific provisions and additions to 

the standard. The proposed 

modifications and additions to the 

standard would reduce further the risk 

of injury associated with portable bed 

rails. 

Part 1224 would consist of two 

sections: § 1224.1, Scope, application, 

and effective date, and § 1224.2, 

Requirements for portable bed rails. 

To understand the proposed rule, it is 

helpful to view the current ASTM F 

2085–10a standard for portable bed rails 

and our proposed modifications, along 

with the explanations provided in part 

E.2 of this preamble. The ASTM 

standard is available for viewing for this 

purpose during the comment period 

through this link: http://www.astm.org/ 

cpsc.htm. For example, the proposed 

rule would create several new sections 

in ASTM F 2085–10a. To distinguish 

between the requirements that would be 

published in the Code of Federal 

Regulations, we describe those 

requirements as proposed § 1224.1 or 

proposed § 1224.2, and describe the new 

sections that the proposed rule would 

create in ASTM F 2085–10a as a ‘‘new 

section.’’ 

a. Scope, Application, and Effective 

Date (Proposed § 1224.1) 

Proposed § 1224.1 would explain that 

part 1224 establishes a consumer 

product safety standard for portable bed 

rails manufactured or imported on or 

after a specific date. The date would be 

the effective date of a final rule, which 

is normally six months after date of 

publication of a final rule in the Federal 

Register. 

b. Requirements for Portable Bed Rails 

(Proposed § 1224.2) 

(i). Incorporation by Reference 

(Proposed § 1224.2(a)). 

Proposed § 1224.2(a) would state that 

each portable bed rail, as defined in 

ASTM F 2085–10a, must comply with 

all applicable provisions of ASTM F 

2085–10a, except as provided in 

proposed § 1224.2(b). Proposed 

§ 1224.2(a) also would incorporate 

ASTM F 2085–10a by reference, and 

inform interested parties how they can 

obtain a copy of the standard or inspect 

the standard at the CPSC or at the 

National Archives and Records 

Administration. 

(ii). Foam and Inflatable Products 

(Proposed § 1224.2(b)(1)). 

Proposed § 1224.2(b)(1) would revise 

the scope section in ASTM F 2085–10a 

to include foam and inflatable products. 

A ‘‘foam bed rail’’ is defined as a 

portable bed rail constructed primarily 

of nonrigid materials, such as fabric or 

foam. An ‘‘inflatable bed rail’’ is defined 

as a portable bed rail constructed 

primarily of nonrigid material that 

requires air to be inflated into the 

product to achieve structure. Our review 

of market information indicates that 

there are products that differ from 

traditional, rigid portable bed rails in 

that they are constructed of foam or 

inflatable rubber materials and meet the 

definition of a portable bed rail under 

ASTM F 2085–10a. However, most 

performance requirements of ASTM F 

2085–10a do not apply to these products 

because the standard was developed to 

address the hazards from portable bed 

rails that consist of rigid (wood/metal) 

materials. Accordingly, the proposed 

rule would state that the foam and 

inflatable portable bed rails must meet 

only the General Requirements of 

section 5; the performance requirement 

of subsection 6.3, Enclosed Openings; 

and the warning statements of 

subsection 9.3.1 of ASTM F 2085–10a 

because those requirements can be 

applied to foam and inflatable portable 

bed rail products. 

(iii). Terminology (Proposed 

§ 1224.2(b)(2)). 

Proposed 1224.2(b)(2) would revise 

the terminology in section 3 of ASTM F 

2085–10a by creating new terms to be 

numbered as new sections 3.1.10 

through 3.1.14 of ASTM F 2085–10a. 

The new terms would be as follows: 

Foam bed rail is a portable bed rail 

constructed primarily of nonrigid 

materials, such as fabric or foam; 

Inflatable bed rail is a portable bed 

rail constructed primarily of nonrigid 

material that requires air to be inflated 

into the product to achieve structure; 

Critical assembly component is any 

component of the portable bed rail that 

requires consumer assembly in order to 

meet the performance requirements of 

sections 6.1, Structural Integrity, 6.3 

Enclosed Openings; 6.4, Openings 

Created by Portable Bed Rail 

Displacement of Adjacent Style Portable 

Bed Rails; 6.5, Openings Created by 

Displacement of Mattress-Top Portable 

Bed Rails; and 6.6, Openings Created by 

Displacement of Portable Bed Rails 

Intended for Use on Specific 

Manufacturers’ Beds of ASTM F 2085– 

10a; 

Critical installation component is any 

component of the portable bed rail that 

is used to attach the portable bed rail 

onto the bed; and 

Misassembled/functional portable bed 

rail is a portable bed rail that has been 

assembled incorrectly but appears to 

function as a portable bed rail. 

Misassembly/functionality is 

determined by meeting one of the 

criteria listed in proposed section 6.9, 

Determining Misassembled/Functional 

Portable Bed Rail, of ASTM F 2085–10a. 

The proposed rule would create these 

new terms because the Commission is 

proposing new requirements for foam 

and inflatable products. In addition, the 


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Federal Register / Vol. 76, No. 69 / Monday, April 11, 2011 / Proposed Rules 19919 

Commission is proposing new 

requirements to address misassembly 

and misinstallation of portable bed rails. 

Accordingly, the addition of the new 

terms will help testing laboratories 

understand the new performance 

requirements and associated test 

methods to reduce entrapment hazards 

associated with portable bed rails. 

(iv). General Requirements (Proposed 

§ 1224.2(b)(3)). 

Proposed section 1224.2(b)(3) would 

create a new section 5.6 of ASTM F 

2085–10a, Critical Installation 

Components. This new section of ASTM 

F 2085–10a (new section 5.6.1) would 

provide that critical installation 

components that are also critical 

assembly components and meet the 

definition of a misassembled/functional 

portable bed rail must be permanently 

affixed to a structural component(s) of 

the portable bed rail. If a critical 

installation component(s) is also a 

critical assembly component and may 

result in a misassembled/functional 

portable bed rail, a new section 5.6.2 of 

ASTM F 2085–10a would require that a 

portable bed rail not remain upright or 

that the vertical height must decrease by 

6 inches at any point along the top rail 

when tested to the method for 

determining the acceptability of the 

vertical structure of a misassembled/ 

functional portable bed rail. (The 

requirement regarding a portable bed 

rail not remaining upright or meeting 

certain vertical height requirements 

would be at a new section 6.10.1 of 

ASTM F 2085–10a, which we discuss 

later in section v of this document.) The 

addition of critical installation 

components would reduce the 

likelihood of portable bed rail 

misassembly in that a misassembled bed 

rail would no longer be functional 

without the critical installation 

components. 

(v). Determining Misassembled/ 

Functional Portable Bed Rail (Proposed 

§ 1224.2(b)(4)(i) and (ii)). 

Proposed § 1224.2(b)(4)(i) would 

create a new section 6.9 of ASTM F 

2085–10a, Determining Misassmbled/ 

Functional Portable Bed Rail. It would 

consider a portable bed rail to be a 

misassembled/functional portable bed 

rail if: 

• The portable bed rail can be 

assembled without any critical assembly 

component (new section 6.9.1 of ASTM 

F 2085–10a); 

• The portable bed rail can be 

assembled without the supplied 

fasteners, such as screws, nuts, or bolts 

that are not captive to a critical 

assembly component like the frame 

(new section 6.9.2 of ASTM F 2085– 

10a); 

• The portable bed rail’s fabric cover 

or mesh can be placed over the rigid 

frame structure without engaging 

critical parts of the frame as intended in 

final assembly (new section 6.9.3 of 

ASTM F 2085–10a), or 

• The portable bed rail can be 

assembled by improper placement of 

any critical component, such as an 

inverted or an interchanged part, 

without permanent deformation or 

breakage (new section 6.9.4 of ASTM F 

2085–10a). 

To determine the acceptability of a 

misassembled/functional portable bed 

rail, proposed section 1224.2(b)(4)(ii) 

would set forth the requirements for a 

new section 6.10, Determining 

Acceptability of Misassmbled/ 

Functional Portable Bed Rail, of ASTM 

F 2085–10a. The new section would 

provide that misassembled/functional 

portable bed rails must meet sections 

6.10.1, 6.10.2, 6.10.3, or 6.10.4 of ASTM 

F 2085–10a. Under the proposed rule, a 

new section 6.10.1 of ASTM F 2085–10a 

would provide that the portable bed rail 

must not remain upright or the vertical 

height must decrease by 6 inches at any 

point along the top rail when tested to 

new section 8.7 (Test Method for 

Determining Acceptability of Vertical 

Structure of a Misassembled/Functional 

Portable Bed Rail) of ASTM F 2085–10a. 

This section would provide criteria to 

determine whether a misassembled 

portable bed rail lacks sufficient vertical 

structure. 

A new section 6.10.2 of ASTM F 

2085–10a would provide that the fabric 

cover or mesh attached to the bed rail 

must have a permanent sag that is a 

minimum of 3 inches after tested in 

accordance with new section 8.8 (Test 

Method for Determining Fabric Sag 

Acceptability of a Misassembled/ 

Functional Portable Bed Rail) of ASTM 

F 2085–10a. A new section 6.10.3 of 

ASTM F 2085–10a would provide that 

a product will not be considered 

acceptable if the fabric cover will not fit 

over the frame without tearing. A new 

section 6.10.4 of ASTM F 2085–10a 

would provide that mating parts must 

clearly show misassembly by two parts 

overlapping and creating a minimum of 

a 1⁄2 inch protrusion out of the plane of 

the rail. These new sections would 

provide the criteria for testing 

laboratories to determine the sufficiency 

of visual cues for fabric mesh 

misassembly. 

(vi). Test Equipment (Proposed 

§ 1224.2(b)(5)(i)). 

Proposed section 1224.2(b)(5)(i) 

would state that a force gauge must have 

a minimum range of 0 to 50 lb (222N) 

with a maximum tolerance of ± 0.25 lb 

(1.11N), as set forth under a new section 

7.6 of ASTM F 2085–10a. The addition 

of this section will help clarify the 

manner in which the force will be 

applied under the proposed test 

methods discussed in section (vii) 

below. 

(vii). Test Method for Determining 

Acceptability of Vertical Structure of a 

Misassembled/Functional Portable Bed 

Rail. (Proposed §§ 1224.2(b)(6)(i) and 

(ii)). 

Proposed §§ 1224.2(b)(6)(i) and (ii) 

would require new test methods to 

address misassembly of portable bed 

rails. These proposed requirements 

would include a test method for 

determining the acceptability of the 

vertical structure of a misassembled/ 

functional portable bed rail under a new 

section 8.7 of ASTM F 2085–10a, as 

well as a test method for determining 

fabric sag acceptability of a 

misassembled/functional portable bed 

rail under a new section 8.8 of ASTM 

F 2085–10a. These tests would provide 

a method for testing laboratories to 

determine if a misassembled portable 

bed rail lacks sufficient vertical 

structure and also determine the 

sufficiency of visual cues for portable 

bed misassembly. 

Under a new section 8.7 of ASTM F 

2085–10a, the proposed test method for 

determining acceptability of vertical 

structure of a misassembled/functional 

bed would require, if possible, an 

attempt to assemble the portable bed rail 

in a misassembled configuration(s), as 

described in new section 6.9 of ASTM 

F 2085–10a. The proposed test method 

also would include: 

• Firmly securing the misassembled 

portable bed rail on a table top or other 

stationary flat surface using clamps 

(new section 8.7.2 of ASTM F 2085– 

10a). The clamps should be located 4 to 

6 inches from the intersection of the 

portable bed rail legs to the vertical 

plane. 

• Gradually applying a force of 10 lbs, 

using a 1⁄2 inch disc to the uppermost 

horizontal component of the rail in a 

downward direction at a location along 

the horizontal component most likely to 

vertically deform the portable bed rail; 

and applying the force over a period of 

5 seconds, and holding the force for 10 

seconds and releasing (new section 8.7.3 

of ASTM F 2085–10a); and 

• Repeating the steps in new sections 

8.7.1 through 8.7.3 for all misassembly 

configurations (new section 8.7.4 of 

ASTM F 2085–10a). 

The proposed test method for 

determining fabric sag acceptability of a 

misassembled/functional portable bed 

rail (new section 8.8 of ASTM F 2085– 

10a) would require, if possible, an 

attempt to assemble the portable bed rail 


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in a misassembled configuration(s), as 

described in new section 6.9 of ASTM 

F 2085–10a, and depicted in new Figure 

8. The proposed test method would 

include: 

• Gradually applying a force of 1 lb 

using a 1⁄2 inch disc on the fabric/mesh 

in any direction or location along the 

fabric/mesh that is most likely to cause 

it to come off of the frame; applying the 

force over a period of 5 seconds; and 

holding for an additional 10 seconds 

and releasing (new section 8.8.2 of 

ASTM F 2085–10a); and 

• Repeating these steps for all 

misassembly configurations discovered 

in new section 6.9 of ASTM F 2085–10a 

(new section 8.8.3 of ASTM F 2085– 

10a). 

(viii). Marking and Labeling. (Proposed 

§ 1224.2(b)(7), (8), and (9). 

Proposed section 1224.2(b)(7) would 

add a warning symbol 

and the word ‘‘WARNING’’ prior to 

‘‘Suffocation and Strangulation Hazard’’ 

under section 9.3.1.1 of ASTM F 2085– 

10a. This proposed addition would give 

the warning more emphasis. 

Proposed section 1224.2(b)(8) would 

replace the existing marking under 

section 9.3.1.3 of ASTM F 2085–10a, 

which states: ‘‘Infants who cannot get in 

and out of an adult bed without help 

can be trapped between a mattress and 

a wall and suffocate. NEVER place 

infants in adult beds with or without a 

portable bed rail.’’ The proposed 

warning would state instead: ‘‘Children 

who cannot get in and out of an adult 

bed without help can be trapped 

between a mattress and a wall and 

suffocate. NEVER place children 

younger than 2 years old in adult beds 

with or without a portable bed rail.’’ 

Despite the current warning label 

cautioning against the use of this 

product with children under 2 years 

old, parents of infants continue to use 

this product with their infants. 

Accordingly, the revised language 

would emphasize the hazard presented 

to children younger than 2 years old 

when placed in adult beds. 

Proposed section 1224.2(b)(9) would 

require critical installation components 

to be labeled with the entrapment 

hazard warning for portable bed rail use 

to warn of issues related to 

misinstallation of portable bed rails 

under a new section 9.4 of ASTM F 

2085–10a. A new section 9.4 of ASTM 

F 2085–10a would require the 

entrapment hazard warning to be in 

contrasting colors, permanent, 

conspicuous, and sans serif-style font. 

The proposed warning would require in 

the entrapment hazard warning 

statement the safety alert symbol 

and the words ‘‘WARNING— 

ENTRAPMENT HAZARD’’ to be not less 

than 0.20 in. (5 mm) high. The 

remainder of the text would consist of 

characters whose upper case must be at 

least 0.10 in. (2.5 mm) high. The 

warning would state: ‘‘NEVER use 

portable bed rail without installing this 

part onto bed. Incorrect installation can 

allow the portable bed rail to move 

away from mattress, which can lead to 

entrapment and death.’’ Components 

such as a locking clamp on a mattresstop portable bed rail or an anchor plate/ 

strap are critical installation 

components. If these components are 

not installed properly, the portable bed 

rail will not be secure and may move 

away from the mattress and can result 

in an entrapment hazard. The warning 

requirement would emphasize the 

importance of proper installation of key 

components. 

(ix). Instructional Literature (Proposed 

§ 1224.2(b)(10)). This proposed section 

would revise the language in section 

11.1 of ASTM F 2085–10a to add the 

word ‘‘installation’’ among the topics in 

instructional literature. This proposed 

section would read: ‘‘Instructions must 

be provided with the portable bed rail 

and must be easy to read and 

understand. Assembly, installation, 

maintenance, cleaning, operating, and 

adjustment instructions and warnings, 

where applicable, must be included.’’ 

This requirement would add clear 

instructional literature for installation 

components to provide consumers easy 

to understand information for securing 

portable bed rails on beds. 

F. Request for Comments 

This proposed rule begins a 

rulemaking proceeding under section 

104(b) of the CPSIA to issue a consumer 

product safety standard for portable bed 

rails. We invite all interested persons to 

submit comments on any aspect of the 

proposed rule. Comments should be 

submitted in accordance with the 

instructions in the ADDRESSES section at 

the beginning of this notice. 

G. Effective Date 

The Administrative Procedure Act 

(‘‘APA’’) generally requires that the 

effective date of a rule be at least 

30 days after publication of the final 

rule. 5 U.S.C. 553(d). To allow time for 

manufacturers of portable bed rails to 

bring their products into compliance 

with the new requirements, the 

Commission intends that the standard 

would become effective six months after 

publication of a final rule. The 

Commission seeks comment on how 

long it would take manufacturers of 

portable bed rails to come into 

compliance with the rule. 

H. Regulatory Flexibility Act 

1. Introduction 

The Regulatory Flexibility Act 

(‘‘RFA’’), 5 U.S.C. 601–612, requires 

agencies to consider the impact of 

proposed rules on small entities, 

including small businesses. Section 603 

of the RFA requires that we prepare an 

initial regulatory flexibility analysis and 

make it available to the public for 

comment when the general notice of 

proposed rulemaking is published. The 

initial regulatory flexibility analysis 

must describe the impact of the 

proposed rule on small entities and 

identify any alternatives that may 

reduce the impact. Specifically, the 

initial regulatory flexibility analysis 

must contain: 

1. A description of and, where 

feasible, an estimate of the number of 

small entities to which the proposed 

rule will apply; 

2. A description of the reasons why 

action by the agency is being 

considered; 

3. A succinct statement of the 

objectives of, and legal basis for, the 

proposed rule; 

4. A description of the projected 

reporting, recordkeeping, and other 

compliance requirements of the 

proposed rule, including an estimate of 

the classes of small entities subject to 

the requirements and the type of 

professional skills necessary for the 

preparation of reports or records; and 

5. An identification, to the extent 

possible, of all relevant federal rules 

that may duplicate, overlap, or conflict 

with the proposed rule. 

In addition, the initial regulatory 

flexibility analysis must contain a 

description of any significant 

alternatives to the proposed rule that 

would accomplish the stated objectives 

of the proposed rule and at the same 

time reduce the economic impact on 

small entities. 

2. The Market 

Typically, portable bed rails are 

produced and/or marketed by juvenile 

product manufacturers and distributors 

or by furniture manufacturers and 

distributors. Currently, there are at least 

14 known manufacturers or importers 

supplying portable bed rails to the U.S. 

market. Ten are domestic manufacturers 

(71 percent) and three are domestic 


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importers (21 percent). The remaining 

firm has an unknown supply source, 

and there is no publicly available 

information regarding its size. 

Under the U.S. Small Business 

Administration (‘‘SBA’’) guidelines, a 

manufacturer of portable bed rails is 

small if it has 500 or fewer employees, 

and an importer is considered small if 

it has 100 or fewer employees. Based on 

these guidelines, nine of the domestic 

manufacturers and all of the domestic 

importers known to be supplying the 

U.S. market are small. There may be 

additional unknown small 

manufacturers and importers operating 

in the U.S. market as well. 

The Juvenile Product Manufacturers 

Association (‘‘JPMA’’) runs a voluntary 

certification program for several 

juvenile products. Five manufacturers 

supply portable bed rails to the U.S. 

market that are compliant with the 

ASTM standard. Among them, four are 

JPMA-certified as being compliant with 

the current ASTM voluntary standard, 

and one claims compliance with the 

ASTM standard. Of the importers, one 

is JPMA-certified, and one claims 

compliance. JPMA estimates that 

current annual sales of portable bed 

rails are approximately 750,000 units, 

and retail sales are approximately $20 

million. This estimate is similar to a 

2003 sales estimate provided by JPMA. 

No information is available about the 

average product life of portable bed 

rails; if, for example, portable bed rail 

sales are assumed to have remained 

constant and portable bed rails remain 

in use for three to five years, there might 

be 2.25 million to 3.75 million portable 

bed rails in use. National estimates of 

portable bed rail product injuries are not 

available because National Electronic 

Injury Surveillance System (‘‘NEISS’’) 

data does not allow for clear 

identification of portable bed rail 

incidents. Therefore, the risk of injury 

associated with the number of products 

in use cannot be calculated. 

3. Impact of the Proposal on Small 

Business 

Out of the 14 firms currently known 

to be producing or selling portable bed 

rails in the United States, one is a large 

domestic manufacturer, nine are small 

domestic manufacturers, and three are 

small domestic importers; and there is 

insufficient information regarding the 

size or supply source of the remaining 

firm. The impact on the 12 small 

domestic firms could be significant. 

However, the impact of the proposed 

standard on small manufacturers could 

differ, based on whether their products 

are compliant with the voluntary ASTM 

F 2085–10a. Of the nine small domestic 

manufacturers, five produce portable 

bed rails that are certified as compliant 

by JPMA or claim to be in compliance 

with the voluntary standard. The four 

noncompliant manufacturers may 

require substantial modifications to 

meet both the ASTM standard and the 

proposed requirements. The costs 

associated with these modifications 

could include product design, 

development and marketing staff time, 

product testing, and focus group 

expenses. There may be increased costs 

of production as well, particularly if 

additional materials are required. The 

actual cost of such an effort is unknown 

but could be significant for some firms. 

However, the impact of these costs may 

be mitigated if they are treated as new 

product expenses and amortized. 

The impact of the proposed standard 

on the five compliant firms may be less 

significant because they already comply 

with the voluntary standard. However, 

even ASTM-compliant portable bed 

rails currently on the market will 

require modifications to meet the 

proposed changes. Any product 

redesign would entail costs similar to 

those outlined for non-ASTM compliant 

firms. Some ASTM-compliant firms may 

opt to preassemble the critical assembly 

components rather than redesign their 

product. Preassembled products may 

require larger shipping boxes, and there 

may be higher shipping costs associated 

with shipping larger boxes. To the 

extent that retailers charge high stocking 

and inventory fees, firms may face 

additional costs. Manufacturers may be 

able to offset these fees if they are able 

to pass on some of the expense to 

consumers. 

While preassembly may reduce 

product redesign costs, meeting a 

requirement that critical installation 

components be affixed permanently 

may also require some product redesign. 

There will be some costs associated 

with redesign. In addition, all 

manufacturers will need to modify 

existing warning labels. A new warning 

label poses a small burden because it 

represents a minor modification. Costs 

associated with the new warning label 

would be low because no new materials 

are used. At least one small 

manufacturer’s product line consists 

entirely or primarily of nonrigid 

portable bed rails. This firm may need 

to alter the warning label but otherwise 

is not likely to be affected significantly 

by the proposed standard. 

Of the three small domestic importers, 

two import portable bed rails that are 

certified compliant by JPMA or claim to 

be in compliance with the voluntary 

standard. All of these small importers 

would need to find an alternate source 

of portable bed rails if their existing 

supplier does not come into compliance 

with the new requirements of the 

proposed standard. The cost to 

importers may increase, and, in turn, 

they may pass on some of those 

increased costs to consumers. Some 

importers may respond to the rule by 

discontinuing the import of their 

portable bed rails. However, the impact 

of such a decision may be lessened by 

replacing the noncompliant portable 

bed rail with a complying product or 

another juvenile product. Deciding to 

import an alternative product would be 

a reasonable and realistic way for most 

importers to offset any lost revenue, 

given that most import a variety of 

products. However, for small importers 

whose product lines rely largely on 

portable bed rails, substituting another 

product may not be realistic. The impact 

on these small importers likely would 

be more significant. 

4. Alternatives Regarding Impact on 

Small Business 

If the current voluntary standard is 

adopted without any modifications, the 

impact on small businesses potentially 

could be reduced in terms of costs for 

manufacturers and importers because 

redesign would not be required. Small 

manufacturers and importers who are 

compliant with the voluntary standard 

would have a reduced burden. However, 

firms that are not in compliance with 

the ASTM standard may still need to 

make substantial product changes to 

meet ASTM F 2085–10a. A second 

alternative to reduce the impact on 

small businesses would be to set an 

effective date later than six months. 

This would allow suppliers additional 

time to modify or develop compliant 

portable bed rails and spread the 

associated costs over a longer period of 

time. 

5. Conclusion of the Initial Regulatory 

Flexibility Analysis 

It is possible that the proposed 

standard, if finalized, could have a 

significant impact on some small firms. 

The extent of these costs is unknown, 

but because product redevelopment 

would likely be necessary, it is possible 

that the costs could be large for some 

firms. Additionally, all manufacturers 

eventually will be subject to third party 

testing and certification requirements, 

as discussed in section L below. There 

will likely be some additional costs 

associated with third party testing and 

certification. 

However, at least some costs are 

expected to be passed on to consumers 

without a reduction in the firms’ ability 

to compete because of the special 


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features associated with these products. 

We invite comment on what these costs 

may be, whether they may be passed on 

to the consumer, and how these costs 

will impact small businesses. We also 

seek information on the effect on 

retailers (e.g., the impact of increased 

package size on the number of units 

kept in stock). 

I. Environmental Considerations 

The Commission’s environmental 

review regulation at 16 CFR part 1021 

has established categories of actions that 

normally have little or no potential to 

affect the human environment and 

therefore do not require either an 

environmental assessment or an 

environmental impact statement. The 

proposed rule is within the scope of the 

Commission’s regulation, at 16 CFR 

1021.5(c)(1), which provides a 

categorical exclusion for rules that 

provide design or performance 

requirements for products. Thus, no 

environmental assessment or 

environmental impact statement for this 

rule is required. 

J. Paperwork Reduction Act 

This proposed rule contains 

information collection requirements that 

are subject to public comment and 

review by the Office of Management and 

Budget (‘‘OMB’’) under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). We describe the provisions in 

this section of the document with an 

estimate of the annual reporting burden. 

Our estimate includes the time for 

reviewing instructions, searching 

existing data sources, gathering and 

maintaining the data needed, and 

completing and reviewing each 

collection of information. 

We particularly invite comments on: 

(1) Whether the collection of 

information is necessary for the proper 

performance of the CPSC’s functions, 

including whether the information will 

have practical utility; (2) the accuracy of 

the CPSC’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; (3) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; (4) ways to reduce the burden 

of the collection of information on 

respondents, including the use of 

automated collection techniques, when 

appropriate, and other forms of 

information technology; and (5) 

estimated burden hours associated with 

label modification, including any 

alternative estimates. 

Title: Safety Standard for Portable Bed 

Rails. 

Description: The proposed rule would 

require each portable bed rail to comply 

with ASTM F 2085–10a, Standard 

Consumer Safety Specification for 

Portable Bed Rails. Sections 9, 10, and 

11 of ASTM F 2085–10a contain 

requirements for marking and 

instructional literature. 

Description of Respondents: Persons 

who manufacture or import portable bed 

rails. 

We estimate the burden of this 

collection of information as follows: 

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN

16 CFR section Number of 

respondents 

Frequency of 

responses 

Total annual 

responses 

Hours per 

response 

Total burden 

hours 

1224.2(a) .............................................................................. 7 2 14 1 14 

There are no capital costs or operating 

and maintenance costs associated with 

this collection of information. 

Our estimates are based on the 

following: 

Proposed § 1224.2(a) would require 

each portable bed rail to comply with 

ASTM F 2085–10a. Sections 9 and 11 of 

ASTM F 2085–10a contain requirements 

for marking, labeling, and instructional 

literature that are disclosure 

requirements, thus falling within the 

definition of ‘‘collections of 

information’’ at 5 CFR 1320.3(c). 

Section 9.1.1 of ASTM F 2085–10a 

requires that the name and the place of 

business (city, state, mailing address, 

including zip code, or telephone 

number) of the manufacturer, importer, 

distributor, or seller be clearly and 

legibly marked on each product and its 

retail package. Section 9.1.2 of ASTM F 

2085–10a requires a code mark or other 

means that identifies the date (month 

and year as a minimum) of manufacture. 

There are 14 known firms supplying 

portable bed rails to the U.S. market. 

Seven of the 14 firms are known to 

produce labels that comply with these 

sections of the standard, so there would 

be no additional burden on these firms. 

The remaining seven firms are assumed 

to use labels on their products and their 

packaging but would need to make some 

modifications to their existing labels. 

The estimated time required to make 

these modification is about 1 hour per 

model. Each firm supplies an average of 

two different models of portable bed 

rails; therefore, the estimated burden 

hours associated with labels is 1 hour × 

7 firms × 2 models per firm = 14 annual 

hours. 

We estimate that the hourly 

compensation for the time required to 

create and update labels is $28.00 

(Bureau of Labor Statistics, September 

2010, all workers, goods-producing 

industries, sales, and office, Table 9). 

Therefore, the estimated annual cost to 

industry associated with the 

Commission-recommended labeling 

requirements is $392 ($28.00 per hour × 

14 hours = $392). 

Section 11.1 of ASTM F 2085–10a 

requires instructions to be supplied 

with the product. Portable bed rails are 

products that generally require 

assembly, and products sold without 

such information would not be able to 

compete successfully with products 

supplying this information. Under the 

OMB’s regulations (5 CFR 1320.3(b)(2)), 

the time, effort, and financial resources 

necessary to comply with a collection of 

information that would be incurred by 

persons in the ‘‘normal course of their 

activities’’ are excluded from a burden 

estimate, where an agency demonstrates 

that the disclosure activities required to 

comply are ‘‘usual and customary.’’ 

Therefore, because the CPSC is unaware 

of portable bed rails that: (a) Generally 

require some installation, but (b) lack 

any instructions to the user about such 

installation, we estimate tentatively that 

there are no burden hours associated 

with the instructions requirement in 

section 11.1 of ASTM F 2085–10a 

because any burden associated with 

supplying instructions with portable 

bed rails would be ‘‘usual and 

customary’’ and not within the 

definition of ‘‘burden’’ under the OMB’s 

regulations. Based on this analysis, the 

proposed standard for portable bed rails 

would impose a burden to industry of 

14 hours at a cost of $392 annually. 

In compliance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

3507(d)), we have submitted the 

information collection requirements of 

this rule to the OMB for review. 

Interested persons are requested to 

submit comments regarding information 

collection by May 11, 2011, to the Office 


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Federal Register / Vol. 76, No. 69 / Monday, April 11, 2011 / Proposed Rules 19923 

of Information and Regulatory Affairs, 

OMB (see ADDRESSES). 

K. Preemption 

Section 26(a) of the CPSA, 15 U.S.C. 

2075(a), provides that where a 

‘‘consumer product safety standard 

under [the CPSA]’’ is in effect and 

applies to a product, no state or political 

subdivision of a state may either 

establish or continue in effect a 

requirement dealing with the same risk 

of injury unless the state requirement is 

identical to the Federal standard. 

Section 26(c) of the CPSA also provides 

that states or political subdivisions of 

states may apply to the Commission for 

an exemption from this preemption 

under certain circumstances. Section 

104(b) of the CPSIA refers to the rules 

to be issued under that section as 

‘‘consumer product safety rules,’’ thus 

implying that the preemptive effect of 

section 26(a) of the CPSA would apply. 

Therefore, a rule issued under section 

104 of the CPSIA will invoke the 

preemptive effect of section 26(a) of the 

CPSA when it becomes effective. 

L. Certification 

Section 14(a) of the Consumer 

Product Safety Act (‘‘CPSA’’) imposes 

the requirement that products subject to 

a consumer product safety rule under 

the CPSA, or to a similar rule, ban, 

standard, or regulation under any other 

act enforced by the Commission, be 

certified as complying with all 

applicable CPSC-enforced requirements. 

15 U.S.C. 2063(a). Such certification 

must be based on a test of each product 

or on a reasonable testing program or, 

for children’s products, on tests on a 

sufficient number of samples by a third 

party conformity assessment body 

accredited by the Commission to test 

according to the applicable 

requirements. As discussed in part K of 

this preamble, section 104(b)(1)(B) of 

the CPSIA refers to standards issued 

under that section, such as the rule for 

portable bed rails proposed in this 

notice, as ‘‘consumer product safety 

standards.’’ Furthermore, the 

designation as ‘‘consumer product safety 

standards’’ subjects such standards to 

certain sections of the CPSA, such as 

section 26(a) of the CPSA, regarding 

preemption. By the same reasoning, 

such standards also would be subject to 

section 14 of the CPSA, regarding 

testing and certification. Therefore, any 

such standard would be considered a 

consumer product safety rule to which 

products subject to the rule must be 

certified. 

Because portable bed rails are 

children’s products, certifications of 

compliance must be based on testing 

conducted by a CPSC-approved third 

party conformity assessment body. In 

the future, we will issue a notice of 

requirements to explain how 

laboratories can become accredited as 

third party conformity assessment 

bodies to test to the new safety standard. 

We seek comment on the testing 

requirements of this standard, 

particularly comment on whether any 

further specificity is required for the 

testing procedures and equipment and 

comment on whether the testing 

requirements are reliable, replicable, 

and sufficiently specific to allow 

laboratories to set pass/fail criteria for 

compliance determinations. We also 

seek comment on what a testing 

program might entail for portable bed 

rails. 

Portable bed rails also must comply 

with all other applicable CPSC 

requirements, such as the lead content 

and phthalate content requirements in 

sections 101 and 108 of the CPSIA; the 

tracking label requirement in section 

14(a)(5) of the CPSA; and the consumer 

registration form requirements in 

section 104 of the CPSIA. 

List of Subjects in 16 CFR Part 1224 

Consumer protection, Imports, 

Incorporation by reference, Infants and 

children, Labeling, and Law 

enforcement. 

Therefore, the Commission proposes 

to amend Title 16 of the Code of Federal 

Regulations by adding part 1224 to read 

as follows: 

PART 1224—SAFETY STANDARD FOR 

PORTABLE BED RAILS 

Sec. 

1224.1 Scope, application, and effective 

date. 

1224.2 Requirements for portable bed rails. 

Authority: Sections 3 and 104 of Pub. L. 

110–314, 122 Stat. 3016 (August 14, 2008). 

§ 1224.1 Scope, application, and effective 

date. 

This part 1224 establishes a consumer 

product safety standard for portable bed 

rails manufactured or imported on or 

after [DATE 6 MONTHS AFTER DATE 

OF PUBLICATION OF THE FINAL 

RULE IN THE FEDERAL REGISTER]. 

§ 1224.2 Requirements for portable bed 

rails. 

(a) Except as provided in paragraph 

(b) of this section, each portable bed rail 

as defined in ASTM F 2085–10a, 

Standard Consumer Safety 

Specification for Portable Bed Rails, 

approved October 1, 2010, must comply 

with all applicable provisions of ASTM 

F 2085–10a. The Director of the Federal 

Register approves this incorporation by 

reference in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. You may 

obtain a copy of this ASTM standard 

from ASTM International, 100 Barr 

Harbor Drive, P.O. Box C700, West 

Conshohocken, PA 19428–2959 USA, 

phone: 610–832–9585; http:// 

www.astm.org/. You may inspect copies 

at the Office of the Secretary, U.S. 

Consumer Product Safety Commission, 

Room 820, 4330 East West Highway, 

Bethesda, MD 20814, telephone 301– 

504–7923, or at the National Archives 

and Records Administration (NARA). 

For information on the availability of 

this material at NARA, call 202–741– 

6030, or go to: http://www.archives.gov/ 

federal_register/code_of_federal 

regulations/ibr_locations.html. 

(b) Comply with the ASTM F 2085– 

10a standard with the following 

additions: 

(1) In addition to complying with 

section 1.4 of ASTM F 2085–10a, 

comply with the following: 

(i) 1.4.1 Foam and inflatable bed 

rails need meet only the General 

Requirements of section 5, the 

performance requirement of 6.3 

Enclosed Openings, and the warning 

requirement of section 9.3.1. 

(ii) [Reserved] 

(2) In addition to complying with 

section 3.1.9.1 of ASTM F 2085–10a, 

comply with the following: 

(i) 3.1.10 foam bed rail, n—portable 

bed rail constructed primarily of 

nonrigid materials such as fabric or 

foam. 

(ii) 3.1.11 inflatable bed rail, n—a 

portable bed rail constructed primarily 

of nonrigid material that requires air be 

inflated into the product to achieve 

structure. 

(iii) 3.1.12 critical assembly 

component, n—any component of the 

portable bed rail that requires consumer 

assembly in order to meet the 

performance requirements of 6.1 

Structural Integrity, 6.3 Enclosed 

Openings, 6.4 Openings Created by 

Portable Bed Rail Displacement of 

Adjacent Style Portable Bed Rails, 6.5 

Openings Created by Displacement of 

Mattress-Top Portable Bed Rails and 6.6 

Openings Created by Displacement of 

Portable Bed Rails Intended for Use on 

Specific Manufacturers’ Beds. 

(iv) 3.1.13 critical installation 

component, n—any component of the 

portable bed rail that is used to attach 

the portable bed rail onto the bed. 

(v) 3.1.14 misassembled/functional 

portable bed rail, n—a portable bed rail 

that has been assembled incorrectly but 

appears to function as a portable bed 

rail. Misassembly/functionality is 

determined by meeting one of the 

criteria listed in 6.9. 


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19924 Federal Register / Vol. 76, No. 69 / Monday, April 11, 2011 / Proposed Rules 

(3) In addition to complying with 

section 5.5 of ASTM F F 2085–10a, 

comply with the following: 

(i) 5.6 Critical Installation 

Components that are also critical 

assembly components and that meet the 

definition of a misassembled/functional 

portable bed rail must meet 5.6.1 or 

5.6.2. 

(A) 5.6.1 Critical installation 

components must be permanently 

affixed to a structural component(s) of 

the portable bed rail. 

(B) 5.6.2 If a critical installation 

component(s) is also a critical assembly 

component and may result in a 

misassembled/functional portable bed 

rail, the portable bed rail must meet 

6.10.1. 

(4) In addition to complying with 

section 6.8 of ASTM F 2085–10a, 

comply with the following: 

(i) 6.9 Determining Misassembled/ 

Functional Portable Bed Rail—a 

portable bed rail must be considered a 

misassembled/functional portable bed 

rail if it meets one of the criteria in 

6.9.1, 6.9.2, 6.9.3, or 6.9.4. 

(A) 6.9.1 The portable bed rail can 

be assembled without any critical 

assembly component. 

(B) 6.9.2 The portable bed rail can be 

assembled without the supplied 

fasteners, such as screws, nuts, or bolts 

that are not captive to a critical 

assembly component such as the frame. 

(C) 6.9.3 The portable bed rail’s 

fabric cover or mesh can be placed over 

the rigid frame structure without 

engaging parts of the frame as intended 

in final assembly. 

(D) 6.9.4 The portable bed rail can 

be assembled by improper placement of 

any critical assembly component, such 

as an inverted or an interchanged part, 

without permanent deformation or 

breakage. 

(ii) 6.10 Determining Acceptability 

of Misassembled/Functional Portable 

Bed Rail—Misassembled/Functional 

Portable Bed Rails must meet 6.10.1, 

6.10.2, 6.10.3 or 6.10.4. 

(A) 6.10.1 The portable bed rail must 

not remain upright or the vertical height 

must decrease by 6 inches at any point 

along the top rail when tested to 8.7. 

(B) 6.10.2 The fabric cover or mesh 

must have a permanent sag a minimum 

of 3 inches after tested in accordance 

with 8.8. 

(C) 6.10.3 The fabric cover will not 

fit over the frame without tearing. 

(D) 6.10.4 Mating parts must clearly 

show misassembly by two parts 

overlapping and creating a minimum of 

a 1⁄2-inch protrusion out of the plane of 

the rail. 

(5) In addition to complying with 

section 7.5 of ASTM F F 2085–10a, 

comply with the following: 

(i) 7.6 Force Gauge—gauge must 

have a minimum range of 0 to 50 lb 

(222N) with a maximum tolerance of ± 

0.25 lb (1.11N). 

(ii) [Reserved] 

(6) In addition to complying with 

section 8.6 of ASTM F 2085–10a, 

comply with the following: 

(i) 8.7 Test Method for Determining 

Acceptability of Vertical Structure of a 

Misassembled/Functional Portable Bed 

Rail: 

(A) 8.7.1 If possible, attempt to 

assemble the portable bed rail in a 

misassembled configuration(s) as 

defined in 6.9 Determining 

Misassembled/Functional Portable Red 

Rail: 

(B) 8.7.2 Firmly secure the 

misassembled portable bed rail on a 

table top or other stationary flat surface 

using clamps. The clamps should be 

located 4 to 6 inches from the 

intersection of the portable bed rail legs 

to the vertical plane (see figure 8). 

(C) 8.7.3 Gradually apply a force of 

10 lb using a 1⁄2-inch disc to the 

uppermost horizontal component of the 

rail in a downward direction at a 

location along the horizontal component 

most likely to vertically deform the 

portable bed rail (see figure 8). Apply 

the force over a period of 5 seconds, 

hold the force for 10 seconds, and 

release. 

(D) 8.7.4 Repeat 8.7.1 through 8.7.3 

for all misassembly configurations 

discovered in 6.9. 

(ii) 8.8 Test Method for Determining 

Fabric Sag Acceptability of a 

Misassembled/Functional Portable Bed 

Rail: 

(A) 8.8.1 If possible, attempt to 

assemble the portable bed rail in a 

misassembled configuration(s) as 

defined in 6.9 Determining 

Misassembled/Functional Portable Bed 

Rail. 

(B) 8.8.2 Gradually apply a force of 

1 lb using a 1⁄2-inch disc on the fabric/ 

mesh in any direction or location along 

the fabric/mesh that is most likely to 

cause it to come off of the frame (see 

figure 8). Apply the force over a period 

of 5 seconds, hold for an additional 10 

seconds, and release. 

(C) 8.8.3 Repeat 8.8.1 through 8.8.2 

for all misassembly configurations 

discovered in 6.9. 


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Federal Register / Vol. 76, No. 69 / Monday, April 11, 2011 / Proposed Rules 19925 

(7) Instead of complying with sections 

9.3.1.1 of ASTM F 2085–10a, comply 

with the following: 

(ii) [Reserved] 

(8) Instead of complying with sections 

9.3.1.3.of ASTM F 2085–10a, comply 

with the following: 

(i) 9.3.1.3 Children who cannot get 

in and out of an adult bed without help 

can be trapped between a mattress and 

a wall and suffocate. NEVER place 

children younger than 2 years old in 

adult beds with or without a portable 

bed rail. 

(ii) [Reserved] 

(9) In addition to complying with 

section 9.3.2.5 of ASTM F 2085–10a, 

comply with the following: 

(i) 9.4 Critical installation 

components must be labeled with the 

entrapment hazard warning in 9.4.1. 

The entrapment hazard warning must be 

in contrasting colors, permanent, 

conspicuous, and sans serif-style font. 

In the entrapment hazard warning 

statement the safety alert symbol 

and the words ‘‘WARNING— 

ENTRAPMENT HAZARD’’ must not be 

less than 0.20 in. (5 mm) high. The 

remainder of the text must be characters 

whose upper case must be at least 0.10 

in. (2.5 mm) high. 

(A) 9.4.1. The warning must including 

the following, exactly as stated below: 


emcdonald on DSK2BSOYB1PROD with PROPOSALSEP11AP11.009</GPH> EP11AP11.010</GPH> EP11AP11.011</GPH> EP11AP11.012</GPH>
19926 Federal Register / Vol. 76, No. 69 / Monday, April 11, 2011 / Proposed Rules 

(B) [Reserved] 

(ii) [Reserved] 

(10) Instead of complying with section 

11.1 of ASTM F 2085–10a, comply with 

the following: 

(i) 11.1 Instructions must be 

provided with the portable bed rail and 

must be easy to read and understand. 

Assembly, installation, maintenance, 

cleaning, operating, and adjustment 

instructions and warnings, where 

applicable, must be included. 

(ii) [Reserved] 

Dated: April 6, 2011. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2011–8558 Filed 4–8–11; 8:45 am] 

BILLING CODE 6355–01–P 

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. 

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; rkhanna@cpsc.gov. 

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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2011–0182] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Patapsco River, Northwest 

Harbor, Baltimore, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish special local regulations 

during the ‘‘Baltimore Dragon Boat 

Challenge,’’ a marine event to be held on 

the waters of the Patapsco River, 

Northwest Harbor, Baltimore, MD on 

June 25, 2011. These special local 

regulations are necessary to provide for 

the safety of life on navigable waters 

during the event. This action is 

intended to temporarily restrict vessel 

traffic in a portion of the Patapsco River 

during the event. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before April 26, 2011. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2011–0182 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 


emcdonald on DSK2BSOYB1PROD with PROPOSALS