[Federal Register Volume 78, Number 107 (Tuesday, June 4, 2013)]
[Notices]
[Pages 33393-33394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13000]
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CONSUMER PRODUCT SAFETY COMMISSION
[Docket No. CPSC-2013-0022]
Petition Requesting a Ban or Standard on Adult Portable Bed Rails
AGENCY: Consumer Product Safety Commission.
ACTION: Notice.
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SUMMARY: The Consumer Product Safety Commission (CPSC or Commission)
has received two requests, asking that the Commission initiate
proceedings under section 8 of the Consumer Product Safety Act (CPSA)
to determine that adult portable bed rails pose an unreasonable risk of
injury and initiate related rulemaking under section 9 of the CPSA.
Because both requests ask for rulemaking concerning the same product,
CPSC is considering the requests as a single petition (CP13-1). The
Commission invites written comments concerning the petition.
DATES: The Office of the Secretary must receive comments on the
petition by August 5, 2013.
ADDRESSES: You may submit comments, identified by Docket No. CPSC-2013-
0022, by any of the following methods:
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at: http://www.regulations.gov. Follow the
instructions for submitting comments. The Commission does not accept
comments submitted by electronic mail (email), except through
www.regulations.gov. The Commission encourages you to submit electronic
comments by using the Federal eRulemaking Portal, as described above.
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,
Consumer Product Safety Commission, Room 820, 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 notice. 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
that you do not want to be available to the public. If furnished at
all, 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, and insert the
docket number, CPSC-2013-0022, into the ``Search'' box, and follow the
prompts. A copy of the petition is available at http://www.regulations.gov under Docket No. CPSC-2013-0022, Supporting and
Related Materials.
FOR FURTHER INFORMATION CONTACT: Rockelle Hammond, Office of the
Secretary, U.S. Consumer Product Safety Commission, Room 820, 4330 East
West Highway, Bethesda, MD 20814; telephone (301) 504-6833.
SUPPLEMENTARY INFORMATION: The Commission received two requests to
initiate proceedings under section 8 of the Consumer Product Safety Act
(CPSA) to determine that adult portable bed rails pose an unreasonable
risk of injury and initiate related rulemaking under section 9 of the
CPSA. See 15 U.S.C. 2057 and 2058. Gloria Black, the Consumer
Federation of America, and 60 other organizations (Consumer Group) made
one request; Public Citizen made the other request (collectively
referred to as petitioners). The CPSC has docketed the requests as a
single petition.
Petitioners assert that adult portable bed rails currently on the
market are responsible for many injuries and deaths among users,
particularly the elderly and frail. Petitioners state that many of
these deaths result from asphyxiation caused by entrapment within
openings of the rail or between the rail and the mattress or bed frame.
In addition, petitioners claim that individuals who attempt to climb
over bed rails may be at greater risk of injury or death than they
would be if no rail were used at all. In support of their request,
petitioners cite a CPSC memorandum dated October 11, 2012, ``Adult
Portable Bed Rail-Related Deaths, Injuries, and Potential Injuries:
January 2003 to September 2012.'' According to petitioners, the CPSC's
data showed that there were 155 fatalities, of which 129 involved
victims ages 60 years and over; most of the fatalities related to rail
entrapment. In addition, petitioners state that the CPSC found an
estimated 36,900 adult portable bed rail-related injuries that were
treated in U.S. hospital emergency departments from January 2003 to
December 2011.
Petitioners request that the CPSC initiate proceedings under
section 8 of the CPSA that would ban all adult portable bed rails
because, they assert, the product presents an unreasonable risk of
injury and no feasible consumer product safety standard would
adequately protect the public from these products. Public Citizen
contends that no mandatory standard or warnings could be developed that
would adequately protect against the hazards presented by adult
portable bed rails. The Consumer Group, however, states that if the
CPSC does not pursue a ban, the Commission should initiate a rulemaking
to promulgate mandatory standards under section 9 of the CPSA, to
reduce the unreasonable risk of asphyxiation and the entrapment hazards
posed by adult portable bed rails, and to include warning labels in the
standards. The Consumer Group also requests action under section 27(e)
of the CPSA to require manufacturers of adult portable bed rails to
provide performance and technical data regarding the safety of their
products.
In addition, petitioners request a public recall notice and refund
for all adult portable bed rails under section 15 of the CPSA. However,
the Commission may docket as petitions only requests for action that
the Commission is authorized to take through the issuance, amendment,
or revocation of rules. 16 CFR 1051.2(a). Accordingly, the recall and
refund requested by petitioners are outside the scope of a rulemaking
proceeding and will be forwarded to the CPSC Office of Compliance and
Field Operations for review.
[[Page 33394]]
By this notice, the Commission seeks comments concerning this
petition. Interested parties may obtain a copy of the petition by
writing or calling the Office of the Secretary, U.S. Consumer Product
Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD
20814; telephone (301) 504-7923. A copy of the petition also will be
made available for viewing under ``Supporting and Related Materials''
in www.regulations.gov under this docket number. www.regulations.gov.
Dated: May 29, 2013
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2013-13000 Filed 6-3-13; 8:45 am]
BILLING CODE 6355-01-P