[Federal Register Volume 63, Number 14 (Thursday, January 22, 1998)]
[Proposed Rules]
[Pages 3280-3285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1457]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Chapter II


Bunk Beds; Advance Notice of Proposed Rulemaking; Request for 
Comments and Information

AGENCY: Consumer Product Safety Commission.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: The Commission has reason to believe that unreasonable risks 
of injury and death may be associated with bunk beds constructed so 
that children can become entrapped in the beds' structure or become 
wedged between the bed and a wall.
    This advance notice of proposed rulemaking (``ANPR'') initiates a 
rulemaking proceeding that could result in a rule mandating bunk bed 
performance requirements to reduce this hazard. This rule could be 
issued under either the Federal Hazardous Substances Act (``FHSA'') or 
the Consumer Product Safety Act (``CPSA''), or separate rules might be 
issued under the FHSA and CPSA addressing bunk beds intended for use by 
children or adults, respectively.
    The Commission solicits written comments from interested persons 
concerning the risks of injury and death associated with bunk beds, the 
regulatory alternatives discussed in this ANPR, other possible ways to 
address these risks, and the economic impacts of the various regulatory 
alternatives. The Commission also invites interested persons to submit 
an existing standard, or a statement of intent to modify or develop a 
voluntary standard, to address the risks of injury and death described 
in this ANPR.

DATES: Written comments and submissions in response to this ANPR must 
be received by the Commission by April 7, 1998.

ADDRESSES: Comments should be mailed, preferably in five copies, to the 
Office of the Secretary, Consumer Product Safety Commission, 
Washington, D.C. 20207-0001, or delivered to the Office of the 
Secretary, Consumer Product Safety Commission, Room 502, 4330 East-West 
Highway, Bethesda, Maryland; telephone (301) 504-0800. Comments also 
may be filed by telefacsimile to (301) 504-0127 or by email to <a href="/cdn-cgi/l/email-protection#9bf8ebe8f8b691f4e8dbf8ebe8f8b5fcf4ed">cpsc-
<span class="__cf_email__" data-cfemail="761905361506051558111900">[email protected]</span></a>. Comments should be captioned ``ANPR for Bunk Beds.'' 
<SUP>1</SUP>
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    \1\ This ANPR was approved by a 2-1 vote of the Commission. 
Chairman Ann Brown and Commissioner Thomas H. Moore voted to approve 
this ANPR; Commissioner Mary S. Gall voted not to publish the ANPR.


[[Page 3281]]


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FOR FURTHER INFORMATION CONTACT: John Preston, Directorate for 
Engineering Sciences, Consumer Product Safety Commission, Washington, 
D.C. 20207; telephone (301) 504-0494, ext. 1315.

SUPPLEMENTARY INFORMATION:

A. Background; History of Voluntary Standards Activities

    Bunk beds have been long recognized as a potential source of 
serious injury to children. In 1978, an Inter-Industry Bunk Bed Safety 
Task Group developed a Bunk Bed Safety Guideline for voluntary use by 
manufacturers and retailers of bunk beds intended for home use. Members 
of this group included the National Association of Bedding 
Manufacturers, the National Association of Furniture Manufacturers, the 
Southern Furniture Manufacturers Association, and the National Home 
Furnishings Association. The guideline became effective on January 1, 
1979.
    In February 1981, an American National Standard for Bedding 
Products and Components (ANSI Z357.1) was published. For the most part, 
this standard contained dimensional requirements for mattresses and 
foundations for all beds. However, it also incorporated the 
requirements of the January 1, 1979, industry safety guideline for bunk 
beds. In May 1986, the American Furniture Manufacturer's Association 
(``AFMA'') published Voluntary Bunk Bed Safety Guidelines developed by 
the Inter-Industry Bunk Bed Committee (``IIBBC'').
    On August 26, 1986, the Consumer Federation of America (``CFA'') 
filed a petition with CPSC requesting the promulgation of a mandatory 
safety regulation for bunk beds. In its petition, CFA cited three 
different risks of injury posed by bunk beds: Inadequate mattress 
supports that can allow the mattress to fall to the bunk below or to 
the floor, entrapment in the space between the guardrails and the 
mattress, and entrapment between the bed and the wall. CFA alleged that 
the voluntary industry guidelines did not fully address the hazards 
posed to consumers.
    In July 1988, AFMA published Revised Voluntary Bunk Bed Safety 
Guidelines, with an effective date of April 1989. A majority of the 
revisions were made as a result of CPSC staff comments on the May 1986 
guidelines, which included comments that the requirements addressing 
entrapment in openings in guardrails were not adequate and that bunk 
beds should be required to be sold with two guardrails. To prevent 
entrapment, the 1989 revised guidelines did require two guardrails to 
accompany a bunk bed, and required that any opening in the structure of 
the upper bunk be less than 3\1/2\ inches.
    On July 21, 1988, the Commission voted to deny the petition filed 
by the CFA, but directed its staff to prepare a letter to AFMA and 
IIBBC urging that AFMA reconsider the CPSC staff comments that had not 
been included in the Revised Voluntary Bunk Bed Safety Guidelines. That 
letter was sent in August 1988. It also requested (a) that AFMA 
consider additional staff recommendations, (b) that AFMA submit the 
revised guidelines to a voluntary standards organization such as ANSI 
or ASTM for development as a voluntary safety standard, and (c) that 
AFMA develop, and provide to the Commission, a plan and proposed 
implementation date for a certification program to ensure that bunk 
beds complied with the guidelines. AFMA responded that a certification 
program would be established upon publication of an ASTM bunk bed 
standard.
    In October 1992, ASTM published the Standard Consumer Safety 
Specification for Bunk Beds, ASTM F1427-92, in response to the 
Commission's August 1988 request. The performance requirements in that 
standard primarily addressed falls from the upper bunk, entrapment in 
the upper bunk structure or between the upper bunk and a wall, and 
security of the foundation support system. The standard also had a 
requirement for a warning label and for instructions to accompany the 
bed. In June 1994, the ASTM bunk bed standard was republished with 
additional provisions (requested by CPSC staff) to address collapse of 
tubular metal bunk beds. The most current version of the ASTM bunk bed 
standard was published in September 1996 and contains additional 
revisions suggested by CPSC staff. These address entrapment in lower 
bunk end structures; mattress size information on the warning label and 
carton; and the name and address of the manufacturer, distributor, or 
seller on the bed.
    Because of continued reports of deaths and other incidents 
associated with bunk beds, and because of indications that there is 
inadequate compliance with the voluntary ASTM standard, the CPSC staff 
prepared a briefing package that summarized the available information. 
Copies of this briefing package can be obtained from the Commission's 
Office of the Secretary. After considering the available information, 
the Commission decided to publish this advance notice of proposed 
rulemaking to begin a rulemaking proceeding that could result in 
performance or other standards to address the risk of entrapment 
associated with bunk beds.

B. Incident Data

    From January 1990 through September 1997, CPSC received reports of 
85 bunk-bed-related deaths of children under age 15. As shown below, 54 
(64 percent) were caused by entrapment. An additional 23 children died 
when they were inadvertently hanged from the bed by such items as 
belts, ropes, clothing, and bedding. Eight children died in falls from 
bunk beds during this period. Almost all (96 percent) of the entrapment 
victims were ages 3 and younger, whereas hanging and fall victims 
tended to be older than 3 years. The Commission continues to receive 
reports of incidents and other information concerning bunk bed 
entrapment hazards.
    Available data indicate that the number of bunk-bed-related deaths 
has not decreased in recent years and that the majority of fatal 
incidents continue to involve entrapment. To better evaluate the extent 
of the entrapment problem, the Commission's staff also developed 
national estimates of the total number of entrapment deaths that 
occurred each year, using statistical methodology that examined the 
extent of overlap between data-reporting sources. These estimates 
projected that about 10 bunk bed entrapment deaths have occurred each 
year in the United States since 1990.

                      Fatal Bunk Bed Incidents Reported to CPSC, by Year and Hazard Pattern                     
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                                                 Hazard pattern                                                 
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                            Year                                 Total       Entrap.      Hanging       Falls   
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1990........................................................            7            5            2  ...........
1991........................................................           15           10            2            3

[[Page 3282]]

                                                                                                                
1992........................................................            4            3            1  ...........
1993........................................................           19           10            7            2
1994........................................................           10            6            3            1
1995........................................................           12            5            5            2
1996........................................................           11           10            1  ...........
1997........................................................            7            5            2  ...........
                                                             ---------------------------------------------------
    Total...................................................           85           54           23            8
----------------------------------------------------------------------------------------------------------------
 Source: CPSC Data Files, January 1990-September 1997, U.S. Consumer Product Safety Commission/EHHA.            

    CPSC staff reviewed available information on entrapment-related 
incidents, which accounted for the majority of deaths, to obtain 
additional detail about the circumstances involved. In all, CPSC 
received reports of 103 entrapment incidents from January 1990 through 
September 1997, including 54 that involved deaths and 49 that involved 
``near-misses'' (where a child was entrapped, but usually with no or 
minor injury, often because another person intervened). Most reported 
incidents involved wooden bunk beds, and entrapment occurred most often 
on the top bunk. Common areas of entrapment were under the guardrail, 
within the end structures of the bed, and between the bed and the wall.
    With three exceptions, almost all of the incidents involving fatal 
entrapment in the structure of bunk beds occurred in areas of the beds 
that apparently did not conform to the entrapment provisions in the 
current voluntary standard. Two of the three exceptions involved 
entrapment on the upper bunk. These beds had guardrails that did not 
run the entire length of the bed and, in each of the two incidents, a 
child slipped through the space between the end of the guardrail and 
the bed's end structure and became wedged between the bed and a wall. 
(The current standard permits guardrails that terminate before reaching 
the bed's end structure, provided there is no more than 15 inches 
between either end of the guardrail and the bed's closest end 
structure.)
    The third death involving a conforming bunk bed occurred when a 22-
month-old child was playing with an older sibling on a bunk bed and 
placed his head into a tapered opening between the underside of the 
upper bunk foundation and a structural member. This child is believed 
to have been standing on the lower bunk mattress, and, when his feet 
slipped off the mattress, he was suspended by his head. (The current 
standard only addresses openings in lower bunk end structures that are 
within 9 inches above the sleeping surface of the mattress.)

C. Market Information

    Industry sources estimate that about 500,000 bunk beds are sold 
each year for residential use (excluding institutional sales), and that 
sales have been relatively stable over time. The annual retail value of 
sales has been estimated by AFMA at about $150 million. Industry 
sources estimate the average retail price of bunk beds to be about 
$300, but prices range from about $100 to $700. Bunk beds are marketed 
in specialty stores, furniture stores, department stores, and by mail 
order. There is also a market for used bunk beds in thrift shops, 
garage sales, and classified advertising.
    Trade sources estimate the expected useful life of bunk beds to be 
13-17 years. Based on available information, there are about 7-9 
million bunk beds available for use, including bunk beds that are not 
currently used for sleeping, and those that are now used as two 
separate beds.
    CPSC staff is aware of at least 106 bunk bed manufacturers, which 
are believed to produce the bulk of annual sales. Of the 106 identified 
firms, 40 are either members of AFMA or are members of the ASTM 
subcommittee that developed the existing voluntary standard for bunk 
beds. According to AFMA, these 40 firms represent 75-80 percent of the 
total annual shipments of bunk beds. While there are likely many other 
small regional manufacturers or importers of bunk beds in addition to 
the 106 identified firms, these are not likely to account for a 
significant share of the U.S. market.

D. Compliance With the Existing Voluntary Standard

    There has been a continuing pattern of nonconformance to the 
voluntary standard. From June through August 1994, the Commission's 
Office of Compliance (Compliance) identified and sent letters of 
inquiry to 85 bunk bed manufacturers/importers, as part of a voluntary 
standard conformance monitoring project. Responses to these letters 
revealed that 17 companies were marketing bunk bed designs that 
presented potential entrapment hazards. Based on these responses, as 
well as on retail inspections, consumer complaints, and reported 
incidents, 41 manufacturers have, since November 1994, recalled wooden 
and metal bunk beds that did not conform to the entrapment requirements 
in the ASTM standard. The recalls involve over one-half million bunk 
beds.
    In February 1997, Compliance assigned 45 inspections of bunk bed 
retailers nationwide. Examination of 77 beds from 35 different 
manufacturers by staff from CPSC's regional offices revealed that 12 
bunk bed designs, each from a different manufacturer, did not conform 
with the entrapment requirements of the ASTM voluntary standard. 
Problems identified through these inspections resulted both in 
voluntary recalls of already produced beds and in corrections of future 
production. The most recent recall, in September 1997, involved five 
companies and pertained to 16,500 beds. One of these beds was involved 
in a fatal entrapment incident.
    As noted above, CPSC's staff identified 106 manufacturers and 
importers of wooden and metal bunk beds. The Commission believes that 
the actual number of manufacturers and importers could be much higher. 
Because of the relative ease of constructing bunk beds, many small 
companies are formed each year. These may quickly go in and out of the 
business of making bunk beds. These companies are normally not 
associated with industry organizations, and are often unaware of the 
voluntary standard or misinterpret its requirements. Accordingly, the 
Commission preliminarily concludes that it is very likely that there 
will continue to be serious conformance problems with the voluntary 
standard.

[[Page 3283]]

E. The Potential Need for a Mandatory Standard

    Although the voluntary standard improves the safety of bunk beds, 
companies are not required to comply with it. Some manufacturers 
contacted by Compliance did not see an urgency to comply with a 
``voluntary'' standard, and they did not recognize the hazards 
associated with noncompliance. As a result, entrapment hazards will 
continue to exist on beds in use and for sale. Currently, all 106 
manufacturers identified by CPSC staff appear to be producing beds that 
conform to the entrapment requirements in the ASTM F1427 bunk bed 
standard. However, small regional manufacturers that periodically enter 
the marketplace may not be aware of the voluntary standard, or of the 
hazards that are associated with bunk beds.
    The Commission believes that a mandatory entrapment standard may be 
needed for the following reasons:
    1. The adoption of a mandatory standard could increase the 
awareness and sense of urgency of manufacturers regarding compliance 
with the entrapment provisions, thereby increasing the degree of 
conformance to those provisions.
    2. A mandatory standard would allow the Commission to seek 
penalties for violations. Publicizing fines for noncompliance with a 
mandatory standard would deter other manufacturers from making 
noncomplying beds.
    3. A mandatory standard would allow state and local officials to 
assist CPSC staff in identifying noncomplying bunk beds and take action 
to prevent the sale of these beds.
    4. Under a mandatory standard, retailers, and distributors would 
violate the law if they sold noncomplying bunk beds. Retailers and 
retail associations would then insist that manufacturers and importers 
provide complying bunk beds.
    5. The bunk bed industry is extremely competitive. Manufacturers 
who now conform with the ASTM standard have expressed concern about 
those firms that do not. Nonconforming beds can undercut the cost of 
conforming beds. A mandatory standard would establish a level playing 
field and take away any competitive cost advantage for unsafe beds.
    6. A mandatory standard would help prevent noncomplying beds made 
by foreign manufacturers from entering the United States. CPSC could 
use the resources of U.S. Customs to assist in stopping hazardous beds 
at the docks.
    7. The absence of manufacturer identification on many beds has 
resulted in extremely low recall effectiveness rates. A mandatory 
standard could require companies to include identification on the beds.
    8. Although the Commission currently believes that the ASTM 
voluntary standard for bunk beds adequately addresses the most common 
entrapment hazards associated with these products, the Commission is 
aware of three entrapment fatalities that occurred in conforming beds. 
A mandatory standard could modify the provisions in the voluntary 
standard so as to address the deaths that can occur on beds that comply 
with the voluntary standard.
    Therefore, the Commission decided to issue an ANPR to begin a 
rulemaking proceeding and to seek public comment on all aspects of this 
proceeding, including (a) the need for a mandatory standard and (b) any 
additional requirements that may be needed to address fatalities known 
to have occurred on bunk beds conforming to the current voluntary 
standard.
    However, the available information does not support a conclusion 
that changes to currently produced bunk beds would significantly reduce 
the number of fatalities due to falls and hangings. Thus, although 
information on these hazards is welcome, the Commission does not at 
this time intend to propose performance requirements to address falls 
or hangings from bunk beds.

F. Cost/Benefit Considerations

    To provide some preliminary information on additional costs to 
conform to the entrapment requirements of the existing voluntary 
standard, CPSC's Economics staff contacted four manufacturers who had 
modified their production for that reason. The most expensive 
modification was the addition of a second guardrail to the top bunk. 
Two firms estimated that the additional guardrail would add $15-20 to 
the retail price of these products. The other two manufacturers, who 
market beds in the ``mid to upper'' price range, estimated a $30-40 
increase in the retail price of their products. This increased cost 
would be incurred only by those firms that do not now conform to the 
voluntary standard.
    CPSC estimates that the costs to society of bunk bed entrapment 
deaths is about $174-346 per bed over its expected useful life. The 
costs of bringing bunk beds into conformance with entrapment 
requirements range from $15-40 per bed. If the measures taken to 
address bunk-bed-related entrapment deaths were only about 4 to 23 
percent effective in reducing these deaths, the costs and the benefits 
of such an activity would be about equal. In fact, the Commission 
expects that a mandatory standard would be substantially more effective 
than this.

G. Statutory Authorities for This Proceeding

    What statute is appropriate for regulating bunk beds? CPSA section 
3(a)(1), 15 U.S.C. 2052(a)(1). The Federal Hazardous Substances Act 
(``FHSA'') authorizes the regulation of unreasonable risks of injury 
associated with articles intended for use by children that present 
mechanical (or electrical or thermal) hazards. FHSA section 2(f)(D), 15 
U.S.C. 1261(f)(D). The hazards associated with bunk beds that are 
described above are mechanical. See FHSA section 2(s), 15 U.S.C. 
1261(s). The Consumer Product Safety Act (``CPSA'') authorizes the 
regulation of unreasonable risks of injury associated with ``consumer 
products,'' which include bunk beds--whether intended for the use of 
children or adults. CPSA section 3(a)(1), 15 U.S.C. 2052(a)(1). Thus, 
bunk beds intended for the use of adults can be regulated only under 
the CPSA, while bunk beds intended for the use of children potentially 
could be regulated under either the FHSA or the CPSA. Bunk beds 
probably would be considered as intended for use by children only if 
they have smaller than twin-size mattresses or incorporate styling or 
other features especially intended for use or enjoyment by children.
    Section 30(d) of the CPSA, however, provides that a risk associated 
with a consumer product that can be reduced to a sufficient extent by 
action under the FHSA can be regulated under the CPSA only if the 
Commission, by rule, finds that it is in the public interest to do so. 
15 U.S.C. 2079(d). Accordingly, children's bunk beds could be regulated 
only under the FHSA, unless the Commission finds that it is in the 
public interest to regulate them under the CPSA. Thus, assuming that 
``adult'' and ``children's'' bunk beds each present an unreasonable 
risk of injury, the Commission could:
    1. Issue a rule for children's bunk beds under the FHSA and a rule 
for adult bunk beds under the CPSA; or
    2. Issue a rule under the CPSA for both adult and children's bunk 
beds, and issue a rule under CPSA Sec. 30(d) that it is in the public 
interest to do so.
    A possible reason for finding that it is in the public interest to 
regulate both adult and children's bunk beds under the CPSA would be to 
avoid confusion as to which act applied to a particular bunk bed. The 
Commission will make a decision on which act(s) should be used

[[Page 3284]]

if and when it decides to issue a proposed rule addressing the hazards 
of bunk beds. As discussed below, the procedure and statutory findings 
required to issue a rule for bunk beds are essentially identical under 
either act. Accordingly, any final rule may be issued under the CPSA, 
the FHSA, or a combination of the two acts.
    What effect will the existence of the voluntary standard have on 
the rulemaking? The Commission may not issue a standard under either 
the CPSA or the FHSA if industry has adopted and implemented a 
voluntary standard to address the risk, unless the Commission finds 
that ``(i) compliance with such voluntary * * * standard is not likely 
to result in the elimination or adequate reduction of such risk of 
injury; or (ii) it is unlikely that there will be substantial 
compliance with such voluntary * * * standard.'' In this case, it 
appears that a high percentage of bunk beds comply with ASTM F1427-92. 
Accordingly, the Commission has addressed the issue of whether the 
relatively high degree of compliance with the ASTM standard (possibly 
90 percent or more) constitutes ``substantial compliance'' that would 
prevent the Commission from issuing a mandatory standard for bunk beds.
    Neither statute defines the term ``substantial compliance.'' 
However, guidance is provided by the legislative history of the CPSA:

    In determining whether or not it is likely that there will be 
substantial compliance with such voluntary * * * standard, the 
Commission should determine whether or not there will be sufficient 
compliance to eliminate or adequately reduce an unreasonable risk of 
injury in a timely fashion. Therefore, compliance generally should 
be measured in terms of the number of complying products rather than 
in terms of complying manufacturers.

H.R. Conf. Rep. No. 208, 97th Cong., 1st Sess. 873 (1981): ``Adequately 
reduce'' means to reduce the risk ``to a sufficient extent that there 
will no longer exist an unreasonable risk of injury.'' Id. This 
legislative history suggests that substantial compliance means that 
there will be sufficient compliance with the voluntary standard to 
reduce the product's risk to the point that the risk is no longer 
``unreasonable.''
    Factors that are relevant both to a determination of unreasonable 
risk and to whether there is substantial compliance are the severity of 
the remaining injuries and the vulnerability of the injured population. 
The CPSC staff's analysis shows that issuing a mandatory rule could 
save a significant number of children's lives. Thus, the injuries are 
severe, and the affected population is extremely vulnerable. The cost/
benefit information discussed above indicates a likelihood that the 
benefits of a rule for bunk beds would bear a reasonable relationship 
to its costs, and the remaining risks from bunk beds are thus 
``unreasonable.'' See 15 U.S.C. 1262(i)(2)(B), 2058(f)(3)(E). 
Accordingly, the Commission preliminarily concludes that there 
currently is not substantial compliance with the ASTM standard.
    Rulemaking procedure. Before adopting a CPSA standard or FHSA rule, 
the Commission first must issue an ANPR as provided in section 3(f) of 
the FHSA or section 9(a) of the CPSA. 15 U.S.C. 1262(f), 2058(a). If 
the Commission decides to continue the rulemaking proceeding after 
considering responses to the ANPR, the Commission must then publish the 
text of the proposed rule, along with a preliminary regulatory 
analysis, in accordance with section 3(h) of the FHSA or section 9(c) 
of the CPSA. 15 U.S.C. 1262(h), 2058(c). If the Commission then wishes 
to issue a final rule, it must publish the text of the final rule and a 
final regulatory analysis that includes the elements stated in 3(i)(1) 
of the FHSA or section 9(f)(2) of the CPSA. 15 U.S.C. 1262(i)(1), 
2058(f)(2). And before issuing a final regulation, the Commission must 
make certain statutory findings concerning voluntary standards, the 
relationship of the costs and benefits of the rule, and the burden 
imposed by the regulation. FHSA section 3(i)(2), CPSC section 9(f)(3), 
15 U.S.C. 2058(f)(3).

H. Regulatory Alternatives Under Consideration

    The Commission is considering alternatives to reduce the number of 
injuries and deaths associated with bunk beds. In addition to possible 
performance standards similar to the current ASTM standard, additional 
performance standards may be developed to supplement the entrapment 
provisions of the ASTM standard. Further, the potential for labeling or 
instructions requirements and information and education campaigns to 
reduce the risk will be considered, either instead of or in addition to 
a mandatory standard.
    It is also possible that a voluntary standard could be developed 
that would adequately reduce the risks of entrapment, falls, and 
hanging. The Commission is not aware of any voluntary standard in 
effect that applies to the identified risks of bunk beds other than 
ASTM F1427-96. As noted above, the Commission has preliminarily 
concluded that the degree of compliance with this ASTM standard may be 
insufficient and some fatalities have occurred that are not adequately 
addressed by that standard. However, if improved voluntary standards 
are developed and implemented, the Commission would take that into 
account in deciding whether a mandatory standard is necessary.

I. Solicitation of Information and Comments

    This ANPR is the first step of a proceeding which could result in a 
mandatory performance, labeling, or instructions standard for bunk beds 
to address the risk of entrapment. All interested persons are invited 
to submit to the Commission their comments on any aspect of the 
alternatives discussed above. In particular, CPSC solicits the 
following additional information:
    1. The models and numbers of bunk beds produced for sale in the 
U.S. each year from 1990 to the present;
    2. The names and addresses of manufacturers and distributors of 
bunk beds;
    3. The number of persons injured or killed by the hazards 
associated with bunk beds;
    4. The circumstances under which these injuries and deaths occur, 
including the ages of the victims;
    5. An explanation of designs that could be adapted to bunk beds to 
reduce the risk of entrapment;
    6. Characteristics of the product that could or should not be used 
to define which products might be subject to the requested rule, and 
which products, if any, are intended for use by children, and which for 
adults;
    7. Other information on the potential costs and benefits of 
potential rules;
    8. Steps that have been taken by industry or others to reduce the 
risk of injuries from the product;
    9. The likelihood and nature of any significant economic impact of 
a rule on small entities;
    10. The costs and benefits of mandating a labeling or instructions 
requirement.
    Also, in accordance with section 3(f) of the FHSA and section 9(a) 
of the CPSA, the Commission solicits:
    1. Written comments with respect to the risk of injury identified 
by the Commission, the regulatory alternatives being considered, and 
other possible alternatives for addressing the risk.
    2. Any existing standard or portion of a standard which could be 
issued as a proposed regulation.
    3. A statement of intention to modify or develop a voluntary 
standard to address the risk of injury discussed in this notice, along 
with a description of a plan (including a schedule) to do so.

[[Page 3285]]

    Comments should be mailed, preferably in five copies, to the Office 
of the Secretary, Consumer Product Safety Commission, Washington, D.C. 
20207-0001, or delivered to the Office of the Secretary, Consumer 
Product Safety Commission, Room 502, 4330 East-West Highway, Bethesda, 
Maryland 20814; telephone (301) 504-0800. Comments also may be filed by 
telefacsimile to (301) 504-0127 or by email to <a href="/cdn-cgi/l/email-protection#f093808393dd9f83b093808393de979f86"><span class="__cf_email__" data-cfemail="84e7f4f7e7a9ebf7c4e7f4f7e7aae3ebf2">[email protected]</span></a>. 
Comments should be captioned ``ANPR for Bunk Beds.'' All comments and 
submissions should be received no later than April 7, 1998.

    Dated: January 15, 1998.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 98-1457 Filed 1-21-98; 8:45 am]
BILLING CODE 6355-01-P


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