Bunk Beds; Notice of Opportunity for Oral Presentation of Comments

CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Parts 1213, 1500 and 1513

Bunk Beds; Notice of Opportunity for Oral Presentation of

Comments

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of opportunity for oral presentation of comments.

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SUMMARY: The Commission announces that there will be an opportunity for

interested parties to present oral comments on a proposed rule that

could reduce unreasonable risks of injury and death associated with

bunk beds that are constructed so that children can become entrapped in

the beds' structure or become wedged between the bed and a wall. The

Commission also requests that interested parties address the question

of what constitutes substantial compliance with a voluntary standard.

Any oral comments will be part of the rulemaking record.

DATES: If requests for oral presentations of comments are received, the

presentations will begin at 10 a.m., May 6, 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 April 22,

1999. Persons requesting an oral presentation must file a written text

of their presentations no later than April 29, 1999.

ADDRESSES: Requests for oral presentations of comments should be mailed

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. Requests may

also be filed by telefacsimile to (301) 504-0127 or by email to cpsc-

[email protected]. 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

[email protected]. Concerning requests and procedures for oral

presentations of comments or to request a copy of the December 16, 1998

memorandum by the Office of General Counsel on the issue of substantial

compliance: Rockelle Hammond, Docket

[[Page 14159]]

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: The Consumer Product Safety Commission

(``CPSC'' or ``Commission'') has reason to believe that unreasonable

risks of injury and death are associated with bunk beds that are

constructed so that children can become entrapped in the beds'

structure or become wedged between the bed and a wall.

On March 3, 1999, the Commission proposed a rule that, if issued,

would mandate bunk bed performance requirements to reduce this hazard.

64 FR 0245.1 These requirements would be issued under both

the Federal Hazardous Substances Act (``FHSA''), for bunk beds intended

for use by children, and the Consumer Product Safety Act (``CPSA''),

for beds not intended for children.

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\1\ The Commission approved the notice publishing the proposed

rule by a vote of 2-0-1. Chairman Ann Brown and Commissioner Thomas

H. Moore voted to approve the notice; Commissioner Mary Sheila Gall

abstained. Each commissioner issued a statement concerning his or

her position on the proposal. Copies of the statements can be

obtained from the Commission's Office of the Secretary.

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During the course of the February 3, 1999 decision meeting, the

Commissions unanimously indicated an interest in receiving public

comments as to the interpretation of substantial compliance with a

voluntary standard. The Commission has taken no position on the

interpretation proffered by the Office of General Counsel in its

memorandum to the Commission dated December 16, 1998, or on the factors

that the Office of Compliance suggested for consideration in the March

3, 1999 Federal Register notice, and seeks public comment on both. The

Commission's findings on this issue can be determinative as to when it

may proceed with a rulemaking with regard to a product for which there

is an existing voluntary standard.

As required by Section 9(d)(2) of the Consumer Product Safety Act,

15 U.S.C. 2058(d)(2), there will be an opportunity for interested

parties to present oral comments on the proposal. 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.

Commenters 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.

Dated: March 18, 1999.

Sadye E. Dunn,

Secretary, Consumer Product Safety Commission.

[FR Doc. 99-7119 Filed 3-23-99; 8:45 am]

BILLING CODE 6355-01-P