Pt. 1512, Table 1 16 CFR Ch. II (1–1–18 Edition)

TABLE 1 TO PART 1512—MINIMUM CAN- Wave length (nanometers) Relative DLEPOWER PER INCIDENT FOOT-CAN- energy 1 DLE FOR CLEAR REFLECTOR 490 ...... 53.91 500 ...... 59.86 Front, rear, and side Pedal reflectors; 510 ...... 66.06 reflectors; entrance entrance angle in 520 ...... 72.50 Observation angle in degrees degrees 530 ...... 79.13 angle 20 10 20 540 ...... 85.95 0 10 up/ left/ 0 up/ left/ 550 ...... 92.91 down right down right 560 ...... 100.00 570 ...... 107.18 0.2 ...... 27.0 18 .0 9 .0 7 .5 6.0 3 .0 580 ...... 114.44 0.3 ...... 6.0 4 .8 2 .4 590 ...... 121.73 1.5 ...... 28 .20 .12 .28 .20 .12 600 ...... 129.04 610 ...... 136.34 1 5 × Amber values shall be ⁄8 clear values. Red values shall 620 ...... 143.62 be 1⁄4 clear values. 630 ...... 150.83 640 ...... 157.98 TABLE 2 TO PART 1512—MINIMUM CAN- 650 ...... 165.03 DLEPOWER PER INCIDENT FOOT-CAN- 660 ...... 171.96 DLE FOR CLEAR REFLECTOR 1 670 ...... 178.77 680 ...... 185.43 Front, rear, and side reflec- 690 ...... 191.93 tors; entrance angle in de- 700 ...... 198.26 710 ...... 204.41 Observation angle grees 720 ...... 210.36 30 left/ 40 left/ 50 left/ 730 ...... 216.12 right right right 740 ...... 221.66 750 ...... 227.00 0.2 ...... 8.0 7 .0 6 .0 760 ...... 232.11 1.5 ...... 12 .12 .12

1 Amber values shall be 5⁄8 × clear values. Red values shall 1 × be ⁄4 clear values. PART 1513—REQUIREMENTS FOR TABLE 3 TO PART 1512—MINIMUM AC- BUNK BEDS CEPTABLE VALUES FOR THE QUAN- TITY A DEFINED IN THE Sec. 1513.1 Scope, application, and effective date. RETROREFLECTIVE TIRE AND RIM 1513.2 Definitions. TEST PROCEDURE 1513.3 Requirements. 1513.4 Test methods. Minimum acceptable value of Observation Entrance A 1513.5 Marking and labeling. angle (de- angle 1513.6 Instructions. grees) (degrees) Meters Feet FIGURE 1 TO PART 1513—WEDGE BLOCK FOR 0.2 ...... ¥4 2 .2 7 .25 TESTS IN § 1513.4 (a), (b), AND (c) .2 ...... 20 1 .9 6 .27 FIGURE 2 TO PART 1513—TEST PROBE FOR .2 ...... 40 1 .3 4 .29 NECK ENTRAPMENT ¥ 1.5 ...... 4 .22 .73 FIGURE 3 TO PART 1513—MOTION OF TEST 1.5 ...... 20 .19 .63 PROBE ARRESTED BY SIMULTANEOUS CON- 1.5 ...... 40 .13 .43 TACT WITH BOTH SIDES OF ‘‘A’’ SECTION OF PROBE AND BOUNDARIES OF OPENING [43 FR 60034, Dec. 22, 1978, as amended at 45 FIGURE 4 TO PART 1513—NECK PORTION OF ‘‘B’’ FR 82631, Dec. 16, 1980; 46 FR 3204, Jan. 14, SECTION OF PROBE ENTERS COMPLETELY 1981] INTO OPENING APPENDIX TO PART 1513—FINDINGS UNDER THE TABLE 4 TO PART 1512—RELATIVE EN- FEDERAL HAZARDOUS SUBSTANCES ACT ERGY DISTRIBUTION OF SOURCES AUTHORITY: 15 U.S.C. 1261(f)(1)(D), 1261(s), Relative 1262(e)(1), 1262(f)–(i). Wave length (nanometers) energy SOURCE: 64 FR 71907, Dec. 22, 1999, unless 380 ...... 9.79 otherwise noted. 390 ...... 12.09 400 ...... 14.71 § 1513.1 Scope, application, and effec- 410 ...... 17.68 tive date. 420 ...... 21.00 430 ...... 24.67 (a) Scope, basis, and purpose. This part 440 ...... 28.70 1513 prescribes requirements for bunk 450 ...... 33.09 beds to reduce or eliminate the risk 460 ...... 37.82 470 ...... 42.87 that children will die or be injured 480 ...... 48.25 from being trapped between the upper

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bunk and the wall or in openings below (4) For bunk beds designed to have a guardrails or in other structures in the ladder attached to one side of the bed, bed. Bunk beds meeting these require- the continuous guardrail shall be on ments are exempted from 16 CFR the other side of the bed. 1500.18(a)(18). (5) Guardrails shall be attached so (b) Application and effective date. This that they cannot be removed without part applies to all bunk beds, except either intentionally releasing a fas- those manufactured only for institu- tening device or applying forces se- tional use, that are manufactured in quentially in different directions. the United States, or imported, on or (6) The upper edge of the guardrails after June 19, 2000. (Facilities intended shall be no less than 5 inches (130 mm) for use by children under age 6 are not above the top surface of the mattress considered to be institutions.) Bunk when a mattress of the maximum beds, as described in this section, that thickness specified by the manufactur- are not intended for use by children are er’s instructions is on the bed. This re- subject to the requirements in 16 CFR quirement does not prohibit a wall-side part 1213, and not to 16 CFR guardrail that terminates in a quarter- 1500.18(a)(18). However, the provisions circle bend and attaches to the side rail of 16 CFR 1213 are substantively iden- of the upper bunk foundation. tical to the requirements in this part (7) With no mattress on the bed, 1513. there shall be no openings in the struc- ture between the lower edge of the up- § 1513.2 Definitions. permost member of the guardrail and As used in this part 1513: the underside of the upper bunk’s foun- Bed. See Bunk bed. dation that would permit passage of the wedge block shown in Figure 1 of Bed end structure means an upright unit at the head and foot of the bed to this part when tested in accordance which the side rails attach. with the procedure at § 1513.4(a). (b) Bed end structures. (1) The upper Bunk bed means a bed in which the edge of the upper bunk end structures underside of any foundation is over 30 shall be at least 5 inches (130 mm) inches (760 mm) from the floor. above the top surface of the mattress Foundation means the base or sup- for at least 50 percent of the distance port on which a mattress rests. between the two posts at the head and Guardrail means a rail or guard on a foot of the upper bunk when a mattress side of the upper bunk to prevent a and foundation of the maximum thick- sleeping occupant from falling or roll- ness specified by the manufacturer’s ing out. instructions is on the bed. (2) With no mattress on the bed, § 1513.3 Requirements. there shall be no openings in the rigid (a) Guardrails. (1) Any bunk bed shall end structures above the foundation of provide at least two guardrails, at least the upper bunk that will permit the one on each side of the bed, for each free passage of the wedge block shown bed having the underside of its founda- in Figure 1 when tested in accordance tion more than 30 inches (760 mm) from with the procedure at § 1513.4(b). the floor. (3) When tested in accordance with (2) One guardrail shall be continuous § 1513.4(c), there shall be no openings in between each of the bed’s end struc- the end structures between the under- tures. ‘‘Continuous’’ means that any side of the foundation of the upper gap between the guardrail and end bunk and upper side of the foundation structure shall not exceed 0.22 inches of the lower bunk that will permit the (5.6 mm) (so as to not cause a finger en- free passage of the wedge block shown trapment hazard for a child). in Figure 1, unless the openings are (3) The other guardrail may termi- also large enough to permit the free nate before reaching the bed’s end passage of a 9-inch (230-mm) diameter structures, providing there is no more rigid sphere. than 15 inches (380 mm) between either (4) All portions of the boundary of end of the guardrail and the nearest any opening required by §§ 1513.4(c)(1) bed end structure. and (2) to be probed by the wedge block

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of Figure 1, and that permits free pas- (c)(3)(i) and (c)(3)(ii) of this section ad- sage of a 9-inch diameter sphere, must dressing neck entrapment: conform to the neck entrapment re- (i) Insert the ‘‘A’’ section of the test quirements of § 1513.4(c)(3). template shown in Figure 2 of this part into the portion of the boundary to be § 1513.4 Test methods. tested, with the plane of the template (a) Guardrails (see § 1513.3(a)(6)). With in the plane of the opening and with no mattress on the bed, place the the centerline of the top of the tem- wedge block shown in Figure 1, tapered plate (as shown in Figure 2) aligned side first, into each opening in the parallel to the centerline of the open- rigid bed structure below the lower ing, until motion is stopped by contact edge of the uppermost member of the between the test template and the guardrail and above the underside of boundaries of the opening (see Figure 3 the upper bunk’s foundation. Orient of this part). By visual inspection, de- the block so that it is most likely to termine if there is simultaneous con- pass through the opening (e.g., the tact between the boundary of the open- major axis of the block parallel to the ing and both sides of the ‘‘A’’ section of major axis of the opening) (‘‘most ad- the template. If simultaneous contact verse orientation’’). Then, gradually occurs, mark the contact points on the apply a 33-lbf (147–N) force in a direc- boundary of the opening and conduct tion perpendicular to the plane of the the additional test described in para- large end of the block. Sustain the graph (c)(3)(ii) of this section. force for 1 minute. (ii) To check the potential for neck (b) Upper bunk end structure (see entrapment, place the neck portion of § 1513.3(b)(2)). Without a mattress or the ‘‘B’’ section of the template into foundation on the upper bunk, place the opening, with its plane perpen- the wedge block shown in Figure 1 into dicular to both the plane of the open- any opening, tapered side first, and in ing and the centerline of the opening the most adverse orientation. Deter- (see Figure 4 of this part). If the neck mine if the wedge block can pass freely portion of the ‘‘B’’ section of the tem- through the opening. plate can completely enter the opening (c) Lower bunk end structure (see (passes 0.75 inch or more beyond the § 1513.3(b)(3)). (1) Without a mattress or points previously contacted by the ‘‘A’’ foundation on the lower bunk, place section of the template), the opening is the wedge block shown in Figure 1, ta- considered to present a neck entrap- pered side first, into each opening in ment hazard and fails the test, unless the lower bunk end structure in the its lower boundary slopes downward at most adverse orientation. Determine 45’’ or more for the whole distance whether the wedge block can pass free- from the narrowest part of the opening ly through the opening. If the wedge the neck can reach to the part of the block passes freely through the open- opening that will freely pass a 9-inch ing, determine whether a 9-inch (230- diameter sphere. mm) diameter rigid sphere can pass freely through the opening. § 1513.5 Marking and labeling. (2) With the manufacturer’s rec- (a) There shall be a permanent label ommended maximum thickness mat- or marking on each bed stating the tress and foundation in place, repeat name and address (city, state, and zip the test in paragraph (c)(1) of this sec- code) of the manufacturer, distributor, tion. or retailer; the model number; and the (3) All portions of the boundary of month and year of manufacture. any opening that is required to be (b) The following warning label shall probed by the wedge block of Figure 1 be permanently attached to the inside by paragraphs (c)(1) and (c)(2) of this of an upper bunk bed end structure in section, and that permits free passage a location that cannot be covered by of a 9-inch diameter sphere, must sat- the bedding but that may be covered by isfy the requirements of paragraphs the placement of a pillow.

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§ 1513.6 Instructions. (1) Do not allow children under 6 Instructions shall accompany each years of age to use the upper bunk. bunk bed set, and shall include the fol- (2) Use guardrails on both sides of the lowing information. upper bunk. (a) Size of mattress and foundation. (3) Prohibit horseplay on or under The length and width of the intended beds. mattress and foundation shall be clear- (4) Prohibit more than one person on ly stated, either numerically or in con- upper bunk. ventional terms such as twin size, twin (5) Use ladder for entering or leaving extra-long, etc. In addition, the max- upper bunk. imum thickness of the mattress and (6) If the bunk bed will be placed next foundation required for compliance to a wall, the guardrail that runs the with § 1513.3 (a)(5) and (b)(1) of this part full length of the bed should be placed shall be stated. against the wall to prevent entrapment (b) Safety warnings. The instructions between the bed and the wall. (This ap- shall provide the following safety plies only to bunk beds without two warnings: full-length guardrails.)

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FIGURE 1 TO PART 1513—WEDGE BLOCK FOR TESTS IN § 1513.4 (a), (b), AND (c)

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FIGURE 2 TO PART 1513—TEST PROBE FOR NECK ENTRAPMENT

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FIGURE 3 TO PART 1513—MOTION OF TEST PROBE ARRESTED BY SIMULTANEOUS CONTACT WITH BOTH SIDES OF ‘‘A’’ SECTION OF PROBE AND BOUNDARIES OF OPENING

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FIGURE 4 TO PART 1513—NECK PORTION OF ‘‘B’’ SECTION OF PROBE ENTERS COMPLETELY INTO OPENING

APPENDIX TO PART 1513—FINDINGS any other aspect of the articles design or UNDER THE FEDERAL HAZARDOUS manufacture.’’ 15 U.S.C. 1261(s). 2. For a recent 9.6-year period, the CPSC SUBSTANCES ACT received reports of 57 deaths of children The Federal Hazardous Substances Act under age 15 who died when they were (FHSA) requires that the Commission, in trapped between the upper bunk of a bunk bed and the wall or when they were trapped order to issue part 1513, make the following in openings in the bed’s structure. Over 96% findings and include them in the rule. 15 of those who died in entrapment incidents U.S.C. 1261(s), 1262(i). Because of this, the were age 3 or younger. On average, averting facts and determinations in these findings these deaths is expected to produce a benefit apply as of the date the rule was issued, De- to society with a present value of about $175 cember 22, 1999. to $350 for each bed that otherwise would not A. Bunk beds present a mechanical hazard. have complied with one or more of the rule’s Section 2(s) of the FHSA states that an ‘‘ar- requirements. ticle may be determined to present a me- 3. This increased safety will be achieved in chanical hazard if, in normal use or when three main ways. First, all bunk beds will be subjected to reasonably foreseeable damage required to have a guardrail on both sides of or abuse, its design or manufacture presents the bed. If the bed is placed against a wall, an unreasonable risk of personal injury or the guardrail on that side is expected to pre- illness * * * (3 from * * * surfaces, edges, vent a child from being entrapped between openings, or closures ***, or (9) because of the bed and the wall. The guardrail on the

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wall side of the bed must extend continu- summarized an interpretation of ‘‘substan- ously from one end to the other. Second, the tial compliance’’ that the Office of General end structures of the bed must be con- Counsel provided to the Commission. 64 FR structed so that, if an opening in the end 10245, 10248–49 (March 3, 1999). The Commis- structure is large enough so a child can slip sion specifically invited public comment on his or her body through it, it must be large that interpretation from ‘‘all persons who enough that the child’s head also can pass would be affected by such an interpreta- through. Third, this area must also be con- tion.’’ Id. at 10249. The Commission received structed so that a child cannot insert his or more than 20 comments on the interpreta- her head into an opening and move to an- tion. other part of the opening where the head ii. Having now considered all the evidence cannot be pulled out and the neck can be- that the staff has presented, the comments come entrapped. from the public, and the legal advice from 4. For the reasons discussed in paragraph C the Office of General Counsel, the Commis- of this appendix, the benefits of the changes sion concludes that there is not ‘‘substantial to bunk beds caused by this rule will have a compliance’’ with the ASTM voluntary reasonable relationship to the changes’ standard for bunk beds within the meaning costs. The rule addresses a risk of death, and of the Consumer Product Safety Act and the applies primarily to a vulnerable population, Federal Hazardous Substances Act. See, e.g., children under age 3. The life-saving features 15 U.S.C. 2058(f)(3)(D)(ii); 15 U.S.C. required by the rule are cost-effective and 1262(i)(2)(A)(ii). However, the Commission can be implemented without adversely af- does not adopt a general interpretation of fecting the performance and availability of ‘‘substantial compliance’’ focusing on wheth- the product. The effective date provides er the level of compliance with a voluntary enough time so that production of bunk beds standard could be improved under a manda- that do not already comply with the stand- tory standard. Rather, the grounds for the ard can easily be changed so that the beds Commission’s decision focus on the specific comply. Accordingly, the Commission finds facts of this rulemaking and are stated that there is an unreasonable risk of entrap- below. ment injury associated with bunk beds that do not comply with part 1513. iii. The legislative history regarding the B. Where a voluntary standard has been meaning of ‘‘substantial compliance’’ indi- adopted and implemented by the affected indus- cates that the Commission should consider try, that compliance with such voluntary stand- whether compliance is sufficient to elimi- ard is not likely to result in the elimination or nate or adequately reduce the risk of injury adequate reduction of the risk of injury, or it is in a timely fashion and that, generally, com- unlikely that there will be substantial compli- pliance should be measured in terms of the ance with such voluntary standard. number of complying products, rather than 1. Adequacy of the voluntary standard. In the number of manufacturers who are in this instance, there is a voluntary standard compliance. E.g., Senate Report No. 97–102, addressing the risk of entrapment in bunk p. 14 (May 15, 1981); House Report No. 97–158, beds. However, the rule goes beyond the pro- p. 11 (June 19, 1981); H. Conf. Rep. No. 97–208, visions of the voluntary standard. First, it 97th Cong., 1st Sess. 871, reprinted in 1981 eliminates the voluntary standard’s option U.S. Code Cong. & Admin. News 1010, 1233. to have an opening of up to 15 inches at each iv. Given this Congressional guidance, the end of the wall-side guardrail. Second, it re- Commission believes it appropriate to exam- quires more of the lower bunk end structures ine the number of conforming products as to have entrapment protection. The vol- the starting point for analysis. However, the untary standard protects against entrap- Commission does not believe that there is ment only within the 9-inch space imme- any single percentage of conforming prod- diately above the upper surface of the lower ucts that can be used in all cases to define bunk’s mattress. The mandatory standard ‘‘substantial compliance.’’ Instead, the per- extends this area of protection upward to the centage must be viewed in the context of the level of the underside of the upper bunk hazard the product presents. Thus, the Com- foundation. Both of these provisions, which mission must examine what constitutes sub- are in the rule but not in the voluntary stantial compliance with a voluntary stand- standard, address fatalities and, as noted in ard in light of its obligation to safeguard the this paragraph (a)(18), have benefits that American consumer. bear a reasonable relationship to their costs. v. There are certain factors the agency Therefore, the Commission finds that com- considers before it initiates regulatory ac- pliance with the voluntary standard is not tion, such as the severity of the potential in- likely to result in the elimination or ade- jury, whether there is a vulnerable popu- quate reduction of the risk of entrapment in- lation at risk, and the risk of injury. See 16 jury or death. CFR 1009.8. These and other factors also ap- 2. Substantial compliance. i. The FHSA does propriately inform the Commission’s deci- not define ‘‘substantial compliance.’’ The sion regarding whether a certain level of March 3, 1999 Notice of Proposed Rulemaking conformance with a voluntary standard is

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substantial. In the light of these factors, in- quate reduction of the unreasonable risk of dustry’s compliance rate with the voluntary death to infants and children in a timely standard for bunk beds is not substantial. fashion, and it is unlikely to do so. Accord- vi. In this case, the Commission deals with ingly, the Commission finds that substantial the most severe risk—death—to one of the compliance with the voluntary standard for most vulnerable segments of our popu- bunk beds is unlikely. lation—infants and young children. While xiii. Products that present some or all of the risk of death is not high, it exists when- the following factors might not be held to as ever a young child is in a residence with a strict a substantial compliance analysis. nonconforming bunk bed. Those which: vii. Additionally, some products, such as —Rarely or never cause death; hairdryers without shock protection devices, —Cause only less severe injuries; require some intervening action (dropping —Do not cause deaths or injuries principally the hair dryer into water) to create the haz- to a vulnerable segment of the population; ard. By contrast, deaths in bunk beds occur —Are not intended for children and which during the intended use of the product—a have no special attraction for children; child rolling over in bed or climbing in or —Have a relatively short life span; out of it—without any intervening action. —Are made by a few stable manufacturers or viii. The Commission must also consider which can only be made by specialized that bunk beds have a very long product life, manufacturers needing a significant manu- frequently being passed on to several fami- facturing investment to produce the prod- lies before being discarded. Thus, a number uct; of children may be exposed to a bed during —Are covered by a voluntary standard which its useful life. Every noncomplying bed that continues to capture an increasing amount poses an entrapment hazard presents the po- of noncomplying products; or tential risk of death to any young child in —Require some additional intervening ac- the house. It is a risk that is hard for a par- tion to be hazardous. ent to protect against, as children find their xiv. And, in analyzing some other product, way onto these beds even if they are not put there could be other factors that would have to sleep in them. to be taken into consideration in deter- ix. Bunk beds are products that can be mining what level of compliance is adequate made relatively easily by very small compa- to protect the public. The tolerance for non- nies, or even by a single individual. The Of- conformance levels has to bear some rela- fice of Compliance believes smaller entities tionship to the magnitude and manage- will always present a compliance problem, ability of the hazard addressed. because new manufacturers can enter the xv. The Commission emphasizes that its marketplace relatively easily and need little decision is not based on the argument that a expertise to make a wooden bunk bed. The mandatory rule provides more powerful en- evidence seems to support the view that forcement tools. If this were sufficient ra- there will always be an irreducible number of tionale, mandatory rules could always dis- new, smaller bunk bed manufacturers who place voluntary standards, and this clearly will not follow the voluntary standard. was not Congress’s intent. But, with a man- x. What constitutes substantial compliance datory standard, the necessity of complying is also a function of what point in time the with a mandatory federal regulation will be issue is examined. In 1989, the Commission understandable to small manufacturers. denied a petition for a mandatory bunk bed State and local governments will have no rule. At that time, industry was predicting doubt about their ability to help us in our ef- that by April of 1989, 90% of all beds being forts to locate these manufacturers. manufactured would comply with the vol- C. The benefits expected from the rule bear a untary guidelines. But that was in the con- reasonable relationship to its costs. text of years of steadily increasing conform- 1. Bunk beds that do not comply with ASTM’s ance and the hope that conformance would requirements for guardrails. The cost of pro- continue to grow and that deaths and near- viding a second guardrail for bunk beds that misses would begin to decline. But the con- do not have one is expected to be from $15– formance level never grew beyond the projec- 40 per otherwise noncomplying bed. If, as ex- tion for 1989 and deaths and near-misses have pected, the standard prevents virtually all of not dropped. the deaths it addresses, the present value of xi. Even with the existing compliance rate, the benefits of this modification are esti- the Commission is contemplating the pros- mated to be from $175–350 per otherwise non- pect of perhaps 50,000 nonconforming beds a complying bed. Thus, the benefit of this pro- year (or more) entering the marketplace, vision is about 4–23 times its cost. with many beds remaining in use for perhaps 2. Bunk beds that comply with ASTM’s re- 20 years or longer. Under these cir- quirements for guardrails. The voluntary cumstances, a 10% rate of noncompliance is standard allows up to a 15-inch gap in the too high. coverage of the guardrail on the wall side of xii. It is now clear that the bunk bed vol- the upper bunk. Additional entrapment untary standard has not achieved an ade- deaths are addressed by requiring that the

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wall-side guardrail be continuous from one or added to the costs of compliance to end of the bed to the other. The estimated ASTM’s provisions. present value of the benefits of this require- 5. Conclusion. The Commission has no rea- ment will be $2.40 to $3.50 per otherwise non- son to conclude that any of the standard’s complying bed. The Commission estimates requirements have costs that exceed the re- that the materials cost to extend one guard- quirement’s expected benefits. Further, the rail an additional 30 inches (760 mm) will be total effect of the rule is that the benefits of less than the present value of the benefits of the rule will exceed its costs by about 4–23 making the change. Further, the costs of any times. Accordingly, the Commission con- design changes can be amortized over the cludes that the benefits expected from the number of bunk beds produced after the de- rule will bear a reasonable relationship to its sign change is made. Thus, any design costs costs. are nominal. D. The rule imposes the least burdensome re- 3. Lower bunk end structures. The Commis- quirement that prevents or adequately reduces sion is aware of a death, involving entrap- the risk of injury for which the rule is being ment in the end structures of the lower promulgated. 1. The Commission considered bunk, occurring in a scenario not currently relying on the voluntary standard, either addressed by the voluntary standard. This alone or combined with a third-party certifi- death is addressed by extending the upper cation program. However, the Commission limit of the voluntary standard’s lower bunk concludes that a mandatory program will be end structures entrapment provisions from 9 more effective in reducing these deaths, each inches above the lower bunk’s sleeping sur- of which is caused by an unreasonable risk of face to the bottom of the upper bunk and by entrapment. Accordingly, these alternatives also including a test for neck entrapment in would not prevent or adequately reduce the this area. The Commission expects the costs risk of injury for which the rule is being pro- of this requirement to be design-related mulgated. only, and small. Indeed, for some bunk beds, 2. The Commission also considered a sug- material costs may decrease since less mate- gestion that bunk beds that conformed to rial may be required to comply with these the voluntary standard be so labeled. Con- requirements than are currently being used. sumers could then compare conforming and Again, the design costs for these modifica- nonconforming beds at the point of purchase tions to the end structures can be amortized and make their purchase decisions with this over the subsequent production run of the safety information in mind. This, however, bed. would not necessarily reduce injuries, be- 4. Effect on market. The small additional cause consumers likely would not know costs from any wall-side guardrail and end- there is a voluntary standard and thus would structure modifications are not expected to not see any risk in purchasing a bed that was affect the market for bunk beds, either alone not labeled as conforming to the standard.

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