99-7119. Bunk Beds; Notice of Opportunity for Oral Presentation of Comments

[Federal Register Volume 64, Number 56 (Wednesday, March 24, 1999)]
[Proposed Rules]
[Pages 14158-14159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7119]


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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 [phone]. Requests may 
also be filed by telefacsimile to [phone] or by email to [e-mail]. 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 [phone], ext. 1315; email 
[e-mail]. 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: [phone] 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