[Federal Register: July 9, 1999 (Volume 64, Number 131)]
[Proposed Rules]
[Page 37051-37064]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jy99-9]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Parts 1213, 1500, and 1513
Bunk Beds; Request for Additional Comment
AGENCY: Consumer Product Safety Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Consumer Product Safety Commission (``CPSC'' or
``Commission'') previously proposed a rule that would mandate bunk bed
performance requirements to reduce the hazard of children being
entrapped in the beds' structures or becoming wedged between a bed and
a wall. 64 FR 10245 (March 3, 1999).
After the original proposal, discussions at meetings of a voluntary
standards group (ASTM) indicated that requirements in addition to those
proposed are needed to adequately address fatalities due to entrapment
of children's necks in the end structures of bunk beds. Such
requirements are proposed in this notice, and would be in addition to
the requirements previously proposed. The Commission solicits written
and oral comments from interested persons. Comments must be limited to
issues raised by the additional requirements in this notice.
DATES: Written comments in response to this proposal must be received
by the Commission by September 22, 1999. If requests for oral
presentations of comments are received, the presentations will begin at
10 a.m., July 29, 1999, in Room 420 in the Commission's offices at 4330
East-West Highway, Bethesda, MD 20814.
Requests to present oral comments must be received by July 15,
1999. Persons requesting an oral presentation must file a written text
of their presentations no later than July 22, 1999.
ADDRESSES: Written comments, and requests to make oral presentations of
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 cpsc-os@cpsc.gov.
Written comments should be captioned ``NPR for Bunk Beds.'' Requests to
make oral presentations and texts of presentations should be captioned
``Oral Comment; NPR for Bunk Beds.''
FOR FURTHER INFORMATION CONTACT: Concerning the substance of the
proposed rule: John Preston, Project Manager, Directorate for
Engineering Sciences, Consumer Product Safety Commission, Washington,
D.C. 20207-0001; telephone (301) 504-0494, ext. 1315; email
jpreston@cpsc.gov.
Concerning requests and procedures for oral presentations of
comments: Rockelle Hammond, Docket Control and Communications
Specialist, Consumer Product Safety Commission, Washington, DC 20207;
telephone: (301) 504-0800 ext. 1232. Information about this rulemaking
proceeding may also be found on the Commission's web site:
www.cpsc.gov.
SUPPLEMENTARY INFORMATION:
A. Background
Without proper guardrails and safe dimensions for openings in the
bed's structure, a bunk bed may allow a child to be entrapped, and thus
strangle or suffocate. This can occur when the child becomes wedged
between the wall and the bed, when the child slips his or her torso
through an opening that is too small for its head to pass through, or
when the child places its head in an opening, then moves to a narrower
area of the opening where the head cannot pull out, and then falls or
loses his/her footing.
There is a voluntary standard for bunk beds, ASTM F1427-96, that
contains provisions to protect children from entrapment. The ASTM
standard requires:
<bullet> That there be guardrails on both sides of the upper bunk,
except for up to 15 inches at each end of the bed;
<bullet> That openings in the structure surrounding the upper bunk
be small enough to prevent passage of a tapered block having a base
measuring 3.5 inches by 6.2 inches (representing a child's torso) (See
Fig. 1); and
<bullet> That openings in the end structures within 9 inches above
the sleeping surface of the lower bunk mattress be either small enough
to prevent passage of the 3.5 by 6.2 inch block or large enough to
permit passage of a 9-inch diameter sphere (the space needed to
withdraw a child's head).
Because of continued reports of deaths and other incidents
associated with bunk beds, and because of indications there may not be
adequate compliance with the voluntary ASTM standard, the CPSC
published an advance notice of proposed rulemaking (``ANPR'') to begin
a rulemaking proceeding that could result in performance or other
standards to address the risk of entrapment associated with bunk beds.
63 FR 3280 (January 22, 1998). After considering the comments received
in response to the ANPR, the Commission voted 2-1 to publish a notice
of proposed rulemaking (``NPR'') to propose a new 16 CFR part 1213
under the Consumer Product Safety Act (``CPSA'') and a new 16 CFR part
1513 under the Federal Hazardous Substances Act (``FHSA''). 64 FR 10245
(March 3, 1999).
The entrapment requirements in these proposed rules are identical
to those in the ASTM standard, with the following exceptions.
1. Definition of a bunk bed: A bed in which the underside of any
foundation is over 30 inches from the floor. In the ASTM standard, a
bunk bed is defined as a bed in which the underside of the foundation
is over 35 inches from the floor.
2. Guardrails: The Commission proposed that one guardrail shall be
continuous between each of the bed's end structures. The other
guardrail may terminate before reaching the bed's end structures,
providing there is no more than 15 inches between either end of the
guardrail and the nearest bed end structure. The current ASTM standard
permits both guardrails to end 15 inches from the nearest bed end
structure.
3. Lower bunk end structures: The Commission proposed that there
shall be no openings in the end structures between the underside of the
foundation of the upper bunk and the upper side of the foundation of
the lower bunk that will permit the free passage of the wedge block
shown in Fig. 1 of the NPR (representing a child's torso) unless the
openings are also large enough to permit the free passage of a 9-inch
diameter sphere (to ensure the head can also pass through). In the ASTM
standard, these passage requirements apply only to that portion of the
end structure that is between the level of the lower bunk foundation
support system and 9.0 inches (230 mm) above the sleeping surface of
the maximum thickness mattress and foundation combined as recommended
by the manufacturer.
In the fatal incidents of entrapment in the end structures of bunk
beds where sufficient information was available, three occurred on beds
that met the entrapment requirements in the ASTM standard. Of these,
two involved entrapment in the upper bunk. In those two incidents, an
18-month-old infant and a child who was almost 5 years old slipped
through the space between the end of the guardrail and the bed end
structure and became wedged between the bed and a wall. These deaths
are addressed in the original proposal by the requirement that one
guardrail extend continuously between the bed's end structures. In the
third incident, a 22-month-old child became entrapped by the head in an
opening between the underside of the upper bunk foundation support and
a curved structural member in the bunk-bed end structure. The
Commission intended to address this death in the previous proposal by
requiring that the torso probe in Fig. 1 be applied to all areas of the
end
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structure between the underside of the foundation of the upper bunk and
the upper side of the foundation of the lower bunk. If the torso probe
freely passes through an opening, the opening must also be large enough
to permit the free passage of a 9-inch sphere, to allow head
withdrawal.
After the original proposal, ASTM discussed whether to change the
requirement in the ASTM standard addressing entrapment in lower bunk
end structures to make it the same as that in the Commission's proposed
rule. When ASTM members and CPSC staff discussed the details of the
entrapment death of a 22-month-old child in a lower bunk end structure,
mentioned above, it appeared that the opening in the structure of the
metal bunk bed that was involved in the fatality could still present an
entrapment hazard, even if it were modified to comply with the proposed
requirement. The relevant portions of the bunk's end structure are
shown in Figure A below.
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It is likely that this child placed his head through the wide
portion of the opening then moved sideways until his neck was in the
narrow portion of the opening. (A 22-month-old child's head is too
large to go through the narrow portion of the opening.) After placing
his neck into the narrow opening, his feet apparently slipped off the
mattress of the lower bunk, suspending him by his head, and he
strangled. Thus, the incident was a head-first neck entrapment, rather
than a torso-first neck entrapment that would be addressed by the probe
in Fig. 1 of the proposed standard.
For this bed to conform to the originally proposed requirement, the
vertical dimension of the wider portion of the opening would have to be
greater than 9 inches and the vertical dimension of the narrower
portion would have to be less than 3\1/2\ inches (see Figure B).
However, since a 22-month-old child's neck is significantly less than
3\1/2\ inches in diameter, the child could still become entrapped in
the head-first manner described above.
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There are two ways to modify the bed to prevent this type of
entrapment. First, a vertical bar could be added to separate the wide
and narrow portions of the opening (see Figure C). Second, the vertical
dimension of the narrow portion of the opening could be reduced to less
than 1\7/8\ inches, which is considered sufficient to prevent entry of
the neck of a 5th percentile 2 year-old, accounting for tissue
compression (see Figure D).
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B. The New Requirement
In order to protect against head-first entrapment in a bed's end
structure, the Commission's staff developed a test procedure using the
template shown in Fig. 2 to proposed Parts 1213 and 1513. This template
and procedure are similar to those that were developed to address neck
entrapment hazards in playground equipment structures and that are
specified in ASTM F 1487-98, ``Standard Specification for Playground
Equipment for Public Use.'' Any portion of an opening in the bed's end
structure below the foundation of the upper bunk that is required to be
probed by the wedge-block probe shown in Figure 1 to proposed parts
1213 and 1513, and that will allow free passage of a 9-inch diameter
sphere, must satisfy the new neck entrapment provisions proposed in
this notice.
The template of Figure 2 embodies the following principles. First,
a child will not be able to insert his or her neck sideways into an
opening of less than 1.88 inches. (This dimension represents the neck
breadth of 2.5 inches for a 5th percentile 2-year-old child, minus an
allowance of 0.62 inches for tissue compression.)
Second, there is a minimal likelihood of entrapment when the
boundaries of an opening converge on the neck at an included angle of
greater than 75 degrees. See CPSC memorandum from Shelley Waters Deppa
to John Preston, ``Voluntary Standards for Gates and Enclosures,''
January 15, 1985. This angle was chosen to exclude the angles involved
in neck entrapment accidents with baby gates and expandable enclosures.
In addition, in some boundary configurations, a child who slips
while his/her head is in the opening will be removed from the opening
by the force of gravity. In the proposed procedure, an opening that
indicates a neck entrapment potential when tested with the template of
Figure 2 is nevertheless allowed if its lower boundary slopes downward
at 45 degrees or more for the whole distance from the narrowest part of
the opening the neck can reach to the part of the opening that will
freely pass a 9-inch diameter sphere.
The template is used to protect against head-first entrapment as
follows. First, all portions of the boundary of the opening are probed
with the ``A'' section of the test template of Fig. 2. The template is
inserted into the opening, with the plane of the template in the plane
of the opening and with the ``top'' of the template perpendicular to
the centerline of the portion of the boundary being probed. The
template is then moved along the centerline of the portion of the
boundary being probed until it is stopped by contact with the
boundaries of the opening (see Fig. 3).
If there is simultaneous contact between the boundary of the
opening and both sides of the ``A'' section of the template, the
boundary is converging on a potential neck entrapment point at an angle
of less than 75 degrees, and further investigation is required.
(Contact with one or both upper corners of the template is not
considered to be contact with a ``side''.)
To check further for the potential for neck entrapment, place the
neck portion of the ``B'' section of the template into the opening,
with the template's plane perpendicular to both the plane of the
opening and the centerline of the opening (see Fig. 4). If the neck
portion can completely enter the opening (pass 0.75 inch or more beyond
the points where contact with the sides of the ``A'' section of the
template occurred), the
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opening may present a neck entrapment hazard. Such an opening is not
allowed unless the lower boundary of the opening slopes downward at 45
degrees or more for the whole distance from the narrowest part of the
opening the neck can reach to the larger (greater than 9-inch) part of
the opening.
C. Preliminary Regulatory Analysis
The CPSA and FHSA require the Commission to publish a preliminary
regulatory analysis of the proposed rule and its reasonable
alternatives. This includes a discussion of the likely benefits and
costs of the proposed rule and its reasonable alternatives. The
Commission's preliminary regulatory analysis was published in the
January 29, 1999, proposal. The additional requirement proposed in this
notice does not significantly affect the results of that analysis. This
new requirement would result in negligible additional costs to
manufacturers, and its benefits would be small due to the small number
of incidents.
D. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (``RFA'') requires the
Commission to address and give particular attention to the economic
effects of the proposed rule on small entities. The original proposal's
preliminary regulatory flexibility analysis concluded that the rule
proposed at that time would not have a significant adverse effect on a
substantial number of small entities. Because the additional
requirement being proposed in this notice will not significantly
increase the cost to manufacturers, the Commission certifies that the
rule will not, if promulgated, have a significant economic impact on a
substantial number of small entities.
E. Preliminary Environmental Assessment
The proposed rule is not expected to have a significant effect on
the materials used in the production and packaging of bunk beds, or in
the number of units discarded after the rule becomes effective.
Therefore, no significant environmental effects would result from the
proposed mandatory rule for bunk beds.
F. Opportunities for Comment
Written comments limited to the issues raised by the additional
requirement proposed in this notice may be submitted until September
22, 1999. There also will be an opportunity for interested parties to
present oral comments on these issues on July 29, 1999. See the
information under the headings DATES and ADDRESSES at the beginning of
this notice. Any oral comments will be part of the rulemaking record.
Persons presenting oral comments should limit their presentations
to approximately 10 minutes, exclusive of any periods of questioning by
the Commissioners or the CPSC staff. The Commission reserves the right
to further limit the time for any presentation and to impose
restrictions to avoid excessive duplication of presentations.
List of Subjects in 16 CFR Parts 1213, 1500, and 1513
Consumer protection, Infants and children.
Effective date. The Commission originally proposed that the rule
become effective 180 days after publication of the final rule. The
Commission believes that the additional requirement proposed in this
notice will cause only minor changes to presently produced bunk beds.
Accordingly, manufacturers should still be able to make any
modification to their bunk beds within the 180-day delayed effective
date originally proposed.
In the Federal Register of March 3, 1999, the Commission proposed
to amend Title 16, Chapter II, Subchapters B and C, of the Code of
Federal Regulations by adding parts 1213 and 1513 and amending part
1500. For the reasons set out in the preamble, the Commission proposes
the following additions to that proposal, as set forth below.
PART 1213--[AMENDED]
1. The authority citation for part 1213 continues to read as
follows:
Authority: 15 U.S.C. 2056, 2058.
Sec. 1213.3 [Amended]
2. A new Sec. 1213.3(b)(4) is added to read as follows:
* * * * *
(b) * * *
(4) All portions of the boundary of any opening required by
Secs. 1213.4(c)(1) and (2) to be probed by the wedge block of Fig. 1
this part, and that permits free passage of a 9-inch diameter sphere,
must conform to the neck entrapment requirements of Sec. 1213.4(c)(3).
Sec. 1213.4 [Amended]
3. A new Sec. 1213.4(c)(3) is added to read as follows:
* * * * *
(c) * * *
(3) All portions of the boundary of any opening that is required to
be probed by the wedge block of Fig. 1 of this part by paragraphs
(c)(1) and (c)(2) of this section, and that permits free passage of a
9-inch diameter sphere, must satisfy the requirements of paragraphs
(c)(3)(i) and (c)(3)(ii) of this section addressing neck entrapment.
(i) Insert the ``A'' section of the test template shown in Fig. 2
of this part into the portion of the boundary of the opening to be
tested, with the plane of the template in the plane of the opening and
with the centerline of the top of the template (as shown in Fig. 2 of
this part) aligned parallel to the centerline of the opening, until
motion is stopped by contact between the test template and the
boundaries of the opening (see Fig. 3 of this part). By visual
inspection, determine if there is simultaneous contact between the
boundary of the opening and both sides of the ``A'' section of the
template. If simultaneous contact occurs, mark the contact points on
the boundary of the opening and conduct the additional test described
in paragraph (c)(3)(ii) of this section.
(ii) To check the potential for neck entrapment, place the neck
portion of the ``B'' section of the template into the opening, with its
plane perpendicular to both the plane of the opening and the centerline
of the opening (see Fig. 4 of this part). If the neck portion of the
``B'' section of the template completely enters the opening (passes
0.75 inch or more beyond the points previously contacted by the ``A''
section of the template), the opening is considered to present a neck
entrapment hazard and fails the test, unless its lower boundary slopes
downward at 45 degrees or more for the whole distance from the
narrowest part of the opening the neck can reach to the part of the
opening that will freely pass a 9-inch diameter sphere.
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PART 1513--[AMENDED]
4. The authority citation for part 1513 continues to read as
follows:
Authority: 15 U.S.C. 1261(f)(1)(D), 1261(5), 1262(e)(1),
1262(f)-(i).
Sec. 1513.3 [Amended]
5. A new Sec. 1513.3(b)(4) is added to read as follows:
* * * * *
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(b) * * *
(4) All portions of the boundary of any opening required by
Secs. 1513.4(c)(1) and (2) to be probed by the wedge block of Fig. 1 of
this part, and that permits free passage of a 9-inch diameter sphere,
must conform to the neck entrapment requirements of Sec. 1513.4(c)(3).
Sec. 1513.4 [Amended]
6. A new Sec. 1513.4(c)(3) is added to read as follows:
* * * * *
(c) * * *
(3) All portions of the boundary of any opening that is required to
be probed by the wedge block of Fig. 1 of this part by paragraphs
(c)(1) and (c)(2) of this section, and that permits free passage of a
9-inch diameter sphere, must satisfy the requirements of paragraphs
(c)(3)(i) and (c)(3)(ii) of this section addressing neck entrapment:
(i) Insert the ``A'' section of the test template shown in Fig. 2
of this part into the portion of the boundary to be tested, with the
plane of the template in the plane of the opening and with the
centerline of the top of the template (as shown in Fig. 2 of this part)
aligned parallel to the centerline of the opening, until motion is
stopped by contact between the test template and the boundaries of the
opening (see Fig. 3 of this part). By visual inspection, determine if
there is simultaneous contact between the boundary of the opening and
both sides of the ``A'' section of the template. If simultaneous
contact occurs, mark the contact points on the boundary of the opening
and conduct the additional test described in paragraph (c)(3)(ii) of
this section.
(ii) To check the potential for neck entrapment, place the neck
portion of the ``B'' section of the template into the opening, with its
plane perpendicular to both the plane of the opening and the centerline
of the opening (see Fig. 4 of this part). If the neck portion of the
``B'' section of the template can completely enter the opening (passes
0.75 inch or more beyond the points previously contacted by the ``A''
section of the template), the opening is considered to present a neck
entrapment hazard and fails the test, unless its lower boundary slopes
downward at 45 degrees or more for the whole distance from the
narrowest part of the opening the neck can reach to the part of the
opening that will freely pass a 9-inch diameter sphere.
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Dated: June 30, 1999.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 99-17087 Filed 7-8-99; 8:45 am]
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