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Bunk Beds; Request for Additional Comment

VIEWS: 5 PAGES: 14

									                      Federal Register / Vol. 64, No. 131 / Friday, July 9, 1999 / Proposed Rules                                     37051

should be applied to financial services       carriers and related activities (including   requested public comments on June 8,
transactions with unaffiliated foreign        agents, brokers, and services providers);    1999, 64 FR 30448, on proposed
persons by all parts of the consolidated      investment advisors and managers and         revisions to the Guides for Jewelry,
U.S. enterprise combined that are             funds, trusts, and other financial           Precious Metals and Pewter Industries
financial services providers or               vehicles (including mutual funds,            (‘‘the Guides’’), 16 CFR part 23. The
intermediaries. Because the $3,000,000        pension funds, real estate investment        Commission solicited comments until
threshold applies separately to sales and     trusts, investors, stock quotation           July 8, 1999. In response to a request
purchases, the mandatory reporting            services, etc.).                             from an industry group, the Commission
requirement may apply only to sales,             (c) Covered types of services. The BE–    grants an extension of the comment
only to purchases, or to both.                80 survey covers the following types of      period.
   (i) The determination of whether a         financial services transactions              DATES: Written comments will be
U.S. financial services provider or           (purchases and/or sales) between U.S.        accepted until August 31, 1999.
intermediary is subject to this               financial services providers and             ADDRESSES: Comments should be
mandatory reporting requirement may           unaffiliated foreign persons: Brokerage,
be based on the judgement of                                                               directed to: Secretary, Federal Trade
                                              including foreign exchange brokerage         Commission, Room H–159, 600
knowledgeable persons in a company            services; underwriting and private
who can identify reportable transactions                                                   Pennsylvania Ave., NW., Washington,
                                              placement services; financial                DC 20580. Comments should be
on a recall basis, with a reasonable          management services; credit-related
degree of certainty, without conducting                                                    identified as ‘‘Guides for the Jewelry,
                                              services, except credit card services;       Precious Metals and Pewter Industries—
a detailed manual records search.             credit card services; financial advisory
   (ii) Reporters who file pursuant to this                                                16 CFR Part 23—Comment.’’
                                              and custody services; securities lending
mandatory reporting requirement must                                                       FOR FURTHER INFORMATION CONTACT:
                                              services; electronic funds transfer
provide data on total sales and/or            services; and other financial services,      Robin Rosen Spector, Attorney, Federal
purchases of each of the covered types           (d) What to file. (1) The BE–80 survey    Trade Commission, Washington, DC
of financial services transactions and        consists of Forms BE–80(A) and BE–           20580, (202) 326–3740,
must disaggregate the totals by country.      80(B). Before completing a form BE–          <jewelry@ftc.gov>.
   (2) Voluntary reporting. If during the     80(B), a consolidated U.S. enterprise        SUPPLEMENTARY INFORMATION: By letter
fiscal year covered, sales of purchases of    (including the top U.S. parent and all of    dated June 23, 1999, the Appraisal
financial services by a firm that is a        its subsidiaries and parts combined)         Information Services’ Gem and Jewelry
financial services provider or                must complete Form BE–80(A) to               Reference requested that the comment
intermediary, or by a firm’s subsidiaries,    determine its reporting status. If the       period be extended for forty-five days,
or parts, combined that are financial         enterprise is subject to the mandatory       until August 23, 1999.1 The
services providers or intermediaries, are     reporting requirement, or if it is exempt    Commission has determined that an
$3,000,000 or less, the U.S. person is        from the mandatory reporting                 extension of the comment period as
requested to provide an estimate of the       requirement but chooses to report data       requested is appropriate. Therefore, to
total for each type of service. Provision     voluntarily, it should either                allow all interested persons the
of this information is voluntary. Because        (i) File a separate Form BE–80(B) for     opportunity to supply the Commission
the $3,000,000 threshold applies              each separately organized financial          with written data, views and arguments
separately to sales and purchases, this       services subsidiary or part of a             concerning the Commission’s review of
voluntary reporting option may apply          consolidated U.S. enterprise; or             the Guides, the Commission grants an
only to sales, only to purchases, or to          (ii) File a single BE–80(B)               extension of the comment period to
both.                                         representing the sum of all covered          August 31, 1999.
   (b) BE–80 definition of financial
                                              transactions by all financial services
services provider. Except for Monetary                                                     List of Subjects in 16 CFR Part 23
                                              subsidiaries or parts of the enterprise
Authorities (i.e., Central Banks), the                                                       Advertising, Labeling, Trade
                                              combined.
definition of financial services provider                                                  practices, Watches and jewelry.
                                                 (2) Reporters who receive the BE–80
used for this survey is identical in
                                              survey from BEA but are not subject to         Authority: 15 U.S.C. 41–58.
coverage to Sector 52—Finance and
                                              the mandatory reporting requirements           By direction of the Commission.
Insurance—of the North American
                                              and choose not to report data                Benjamin I. Berman,
Industry Classification System, United
                                              voluntarily must complete and return to
States, 1997. For example, companies                                                       Acting Secretary.
                                              BEA the Exemption Claim.
and/or subsidiaries and other separable                                                    [FR Doc. 99–17432 Filed 7–8–99; 8:45 am]
parts of companies in the following           [FR Doc. 99–17391 Filed 7–8–99; 8:45 am]
                                                                                           BILLING CODE 6750–01–M
industries are defined as financial           BILLING CODE 3510–06–M
services providers: Depository credit
intermediation and related activities                                                      CONSUMER PRODUCT SAFETY
(including commercial banking, holding        FEDERAL TRADE COMMISSION                     COMMISSION
companies, savings institutions, check
cashing, and debit card issuing);             16 CFR Part 23                               16 CFR Parts 1213, 1500, and 1513
nondepository credit intermediation
(including credit card issuing, sales         Extension of Time; Guides for the            Bunk Beds; Request for Additional
financing, and consumer lending);             Jewelry, Precious Metals and Pewter          Comment
securities, commodity contracts, and          Industries
                                                                                           AGENCY: Consumer Product Safety
other financial investments and related       AGENCY:  Federal Trade Commission.           Commission.
activities (including security and            ACTION: Extension of time for filing
commodity futures brokers, dealers,                                                        ACTION: Notice of proposed rulemaking.
                                              public comments.
exchanges, traders, underwriters,
investment bankers, and providers of          SUMMARY:The Federal Trade                      1 A copy of the letter has been placed on the

securities custody services); insurance       Commission (the ‘‘Commission’’)              public record of this proceeding.
37052                Federal Register / Vol. 64, No. 131 / Friday, July 9, 1999 / Proposed Rules

SUMMARY: The Consumer Product Safety        Rockelle Hammond, Docket Control and           The entrapment requirements in these
Commission (‘‘CPSC’’ or ‘‘Commission’’)     Communications Specialist, Consumer         proposed rules are identical to those in
previously proposed a rule that would       Product Safety Commission,                  the ASTM standard, with the following
mandate bunk bed performance                Washington, DC 20207; telephone: (301)      exceptions.
requirements to reduce the hazard of        504–0800 ext. 1232. Information about          1. Definition of a bunk bed: A bed in
children being entrapped in the beds’       this rulemaking proceeding may also be      which the underside of any foundation
structures or becoming wedged between       found on the Commission’s web site:         is over 30 inches from the floor. In the
a bed and a wall. 64 FR 10245 (March        www.cpsc.gov.                               ASTM standard, a bunk bed is defined
3, 1999).                                   SUPPLEMENTARY INFORMATION:                  as a bed in which the underside of the
   After the original proposal,                                                         foundation is over 35 inches from the
discussions at meetings of a voluntary      A. Background                               floor.
standards group (ASTM) indicated that          Without proper guardrails and safe          2. Guardrails: The Commission
requirements in addition to those           dimensions for openings in the bed’s        proposed that one guardrail shall be
proposed are needed to adequately           structure, a bunk bed may allow a child     continuous between each of the bed’s
address fatalities due to entrapment of     to be entrapped, and thus strangle or       end structures. The other guardrail may
children’s necks in the end structures of   suffocate. This can occur when the child    terminate before reaching the bed’s end
bunk beds. Such requirements are            becomes wedged between the wall and         structures, providing there is no more
proposed in this notice, and would be       the bed, when the child slips his or her    than 15 inches between either end of the
in addition to the requirements             torso through an opening that is too        guardrail and the nearest bed end
previously proposed. The Commission         small for its head to pass through, or      structure. The current ASTM standard
solicits written and oral comments from     when the child places its head in an        permits both guardrails to end 15 inches
interested persons. Comments must be        opening, then moves to a narrower area      from the nearest bed end structure.
limited to issues raised by the             of the opening where the head cannot           3. Lower bunk end structures: The
additional requirements in this notice.     pull out, and then falls or loses his/her   Commission proposed that there shall
                                            footing.                                    be no openings in the end structures
DATES: Written comments in response to
                                               There is a voluntary standard for bunk   between the underside of the foundation
this proposal must be received by the
                                            beds, ASTM F1427–96, that contains          of the upper bunk and the upper side of
Commission by September 22, 1999. If
                                            provisions to protect children from         the foundation of the lower bunk that
requests for oral presentations of                                                      will permit the free passage of the
comments are received, the                  entrapment. The ASTM standard
                                            requires:                                   wedge block shown in Fig. 1 of the NPR
presentations will begin at 10 a.m., July
                                               • That there be guardrails on both       (representing a child’s torso) unless the
29, 1999, in Room 420 in the                                                            openings are also large enough to permit
                                            sides of the upper bunk, except for up
Commission’s offices at 4330 East-West      to 15 inches at each end of the bed;        the free passage of a 9-inch diameter
Highway, Bethesda, MD 20814.                   • That openings in the structure         sphere (to ensure the head can also pass
   Requests to present oral comments        surrounding the upper bunk be small         through). In the ASTM standard, these
must be received by July 15, 1999.          enough to prevent passage of a tapered      passage requirements apply only to that
Persons requesting an oral presentation     block having a base measuring 3.5           portion of the end structure that is
must file a written text of their           inches by 6.2 inches (representing a        between the level of the lower bunk
presentations no later than July 22,        child’s torso) (See Fig. 1); and            foundation support system and 9.0
1999.                                          • That openings in the end structures    inches (230 mm) above the sleeping
ADDRESSES: Written comments, and            within 9 inches above the sleeping          surface of the maximum thickness
requests to make oral presentations of      surface of the lower bunk mattress be       mattress and foundation combined as
comments, should be mailed, preferably      either small enough to prevent passage      recommended by the manufacturer.
in five copies, to the Office of the        of the 3.5 by 6.2 inch block or large          In the fatal incidents of entrapment in
Secretary, Consumer Product Safety          enough to permit passage of a 9-inch        the end structures of bunk beds where
Commission, Washington, D.C. 20207–         diameter sphere (the space needed to        sufficient information was available,
0001, or delivered to the Office of the     withdraw a child’s head).                   three occurred on beds that met the
Secretary, Consumer Product Safety             Because of continued reports of          entrapment requirements in the ASTM
Commission, Room 502, 4330 East-West        deaths and other incidents associated       standard. Of these, two involved
Highway, Bethesda, Maryland;                with bunk beds, and because of              entrapment in the upper bunk. In those
telephone (301) 504–0800. Comments          indications there may not be adequate       two incidents, an 18-month-old infant
also may be filed by telefacsimile to       compliance with the voluntary ASTM          and a child who was almost 5 years old
(301) 504–0127 or by email to cpsc-         standard, the CPSC published an             slipped through the space between the
os@cpsc.gov. Written comments should        advance notice of proposed rulemaking       end of the guardrail and the bed end
be captioned ‘‘NPR for Bunk Beds.’’         (‘‘ANPR’’) to begin a rulemaking            structure and became wedged between
Requests to make oral presentations and     proceeding that could result in             the bed and a wall. These deaths are
texts of presentations should be            performance or other standards to           addressed in the original proposal by
captioned ‘‘Oral Comment; NPR for           address the risk of entrapment              the requirement that one guardrail
Bunk Beds.’’                                associated with bunk beds. 63 FR 3280       extend continuously between the bed’s
FOR FURTHER INFORMATION CONTACT:            (January 22, 1998). After considering the   end structures. In the third incident, a
Concerning the substance of the             comments received in response to the        22-month-old child became entrapped
proposed rule: John Preston, Project        ANPR, the Commission voted 2–1 to           by the head in an opening between the
Manager, Directorate for Engineering        publish a notice of proposed rulemaking     underside of the upper bunk foundation
Sciences, Consumer Product Safety           (‘‘NPR’’) to propose a new 16 CFR part      support and a curved structural member
Commission, Washington, D.C. 20207–         1213 under the Consumer Product             in the bunk-bed end structure. The
0001; telephone (301) 504–0494, ext.        Safety Act (‘‘CPSA’’) and a new 16 CFR      Commission intended to address this
1315; email jpreston@cpsc.gov.              part 1513 under the Federal Hazardous       death in the previous proposal by
   Concerning requests and procedures       Substances Act (‘‘FHSA’’). 64 FR 10245      requiring that the torso probe in Fig. 1
for oral presentations of comments:         (March 3, 1999).                            be applied to all areas of the end
                      Federal Register / Vol. 64, No. 131 / Friday, July 9, 1999 / Proposed Rules                        37053

structure between the underside of the       requirement in the ASTM standard           structure of the metal bunk bed that was
foundation of the upper bunk and the         addressing entrapment in lower bunk        involved in the fatality could still
upper side of the foundation of the          end structures to make it the same as      present an entrapment hazard, even if it
lower bunk. If the torso probe freely        that in the Commission’s proposed rule.    were modified to comply with the
passes through an opening, the opening       When ASTM members and CPSC staff           proposed requirement. The relevant
must also be large enough to permit the      discussed the details of the entrapment    portions of the bunk’s end structure are
free passage of a 9-inch sphere, to allow    death of a 22-month-old child in a lower   shown in Figure A below.
head withdrawal.                             bunk end structure, mentioned above, it
   After the original proposal, ASTM                                                    BILLING CODE 6355–01–P
                                             appeared that the opening in the
discussed whether to change the




   It is likely that this child placed his   of the lower bunk, suspending him by       of the opening would have to be greater
head through the wide portion of the         his head, and he strangled. Thus, the      than 9 inches and the vertical
opening then moved sideways until his        incident was a head-first neck             dimension of the narrower portion
neck was in the narrow portion of the        entrapment, rather than a torso-first      would have to be less than 31⁄2 inches
opening. (A 22-month-old child’s head        neck entrapment that would be              (see Figure B). However, since a 22-
is too large to go through the narrow        addressed by the probe in Fig. 1 of the    month-old child’s neck is significantly
portion of the opening.) After placing       proposed standard.                         less than 31⁄2 inches in diameter, the
his neck into the narrow opening, his          For this bed to conform to the           child could still become entrapped in
                                             originally proposed requirement, the
feet apparently slipped off the mattress                                                the head-first manner described above.
                                             vertical dimension of the wider portion
37054                 Federal Register / Vol. 64, No. 131 / Friday, July 9, 1999 / Proposed Rules




  There are two ways to modify the bed       vertical dimension of the narrow            accounting for tissue compression (see
to prevent this type of entrapment. First,   portion of the opening could be reduced     Figure D).
a vertical bar could be added to separate    to less than 17⁄8 inches, which is          BILLING CODE 6335–01–P
the wide and narrow portions of the          considered sufficient to prevent entry of
opening (see Figure C). Second, the          the neck of a 5th percentile 2 year-old,
Federal Register / Vol. 64, No. 131 / Friday, July 9, 1999 / Proposed Rules   37055
37056                    Federal Register / Vol. 64, No. 131 / Friday, July 9, 1999 / Proposed Rules




BILLING CODE 6355–01–C                      allowance of 0.62 inches for tissue          section of the test template of Fig. 2. The
B. The New Requirement                      compression.)                                template is inserted into the opening,
                                               Second, there is a minimal likelihood     with the plane of the template in the
   In order to protect against head-first   of entrapment when the boundaries of         plane of the opening and with the ‘‘top’’
entrapment in a bed’s end structure, the    an opening converge on the neck at an        of the template perpendicular to the
Commission’s staff developed a test         included angle of greater than 75            centerline of the portion of the
procedure using the template shown in       degrees. See CPSC memorandum from            boundary being probed. The template is
Fig. 2 to proposed Parts 1213 and 1513.     Shelley Waters Deppa to John Preston,        then moved along the centerline of the
This template and procedure are similar     ‘‘Voluntary Standards for Gates and          portion of the boundary being probed
to those that were developed to address     Enclosures,’’ January 15, 1985. This         until it is stopped by contact with the
neck entrapment hazards in playground       angle was chosen to exclude the angles       boundaries of the opening (see Fig. 3).
equipment structures and that are           involved in neck entrapment accidents          If there is simultaneous contact
specified in ASTM F 1487–98,                with baby gates and expandable               between the boundary of the opening
‘‘Standard Specification for Playground     enclosures.                                  and both sides of the ‘‘A’’ section of the
Equipment for Public Use.’’ Any portion        In addition, in some boundary             template, the boundary is converging on
of an opening in the bed’s end structure    configurations, a child who slips while      a potential neck entrapment point at an
below the foundation of the upper bunk      his/her head is in the opening will be       angle of less than 75 degrees, and
that is required to be probed by the        removed from the opening by the force        further investigation is required.
wedge-block probe shown in Figure 1 to      of gravity. In the proposed procedure,       (Contact with one or both upper corners
                                            an opening that indicates a neck             of the template is not considered to be
proposed parts 1213 and 1513, and that
                                            entrapment potential when tested with        contact with a ‘‘side’’.)
will allow free passage of a 9-inch
                                            the template of Figure 2 is nevertheless       To check further for the potential for
diameter sphere, must satisfy the new                                                    neck entrapment, place the neck portion
                                            allowed if its lower boundary slopes
neck entrapment provisions proposed in                                                   of the ‘‘B’’ section of the template into
                                            downward at 45 degrees or more for the
this notice.                                                                             the opening, with the template’s plane
                                            whole distance from the narrowest part
   The template of Figure 2 embodies the    of the opening the neck can reach to the     perpendicular to both the plane of the
following principles. First, a child will   part of the opening that will freely pass    opening and the centerline of the
not be able to insert his or her neck       a 9-inch diameter sphere.                    opening (see Fig. 4). If the neck portion
sideways into an opening of less than          The template is used to protect           can completely enter the opening (pass
1.88 inches. (This dimension represents     against head-first entrapment as follows.    0.75 inch or more beyond the points
the neck breadth of 2.5 inches for a 5th    First, all portions of the boundary of the   where contact with the sides of the ‘‘A’’
percentile 2-year-old child, minus an       opening are probed with the ‘‘A’’            section of the template occurred), the
                      Federal Register / Vol. 64, No. 131 / Friday, July 9, 1999 / Proposed Rules                             37057

opening may present a neck entrapment        requirement proposed in this notice          passage of a 9-inch diameter sphere,
hazard. Such an opening is not allowed       may be submitted until September 22,         must conform to the neck entrapment
unless the lower boundary of the             1999. There also will be an opportunity      requirements of § 1213.4(c)(3).
opening slopes downward at 45 degrees        for interested parties to present oral
or more for the whole distance from the      comments on these issues on July 29,         § 1213.4   [Amended]
narrowest part of the opening the neck       1999. See the information under the             3. A new § 1213.4(c)(3) is added to
can reach to the larger (greater than 9-     headings DATES and ADDRESSES at the          read as follows:
inch) part of the opening.                   beginning of this notice. Any oral           *       *     *     *     *
                                             comments will be part of the rulemaking
C. Preliminary Regulatory Analysis                                                           (c) * * *
                                             record.
  The CPSA and FHSA require the                Persons presenting oral comments              (3) All portions of the boundary of
Commission to publish a preliminary          should limit their presentations to          any opening that is required to be
regulatory analysis of the proposed rule     approximately 10 minutes, exclusive of       probed by the wedge block of Fig. 1 of
and its reasonable alternatives. This        any periods of questioning by the            this part by paragraphs (c)(1) and (c)(2)
includes a discussion of the likely          Commissioners or the CPSC staff. The         of this section, and that permits free
benefits and costs of the proposed rule      Commission reserves the right to further     passage of a 9-inch diameter sphere,
and its reasonable alternatives. The         limit the time for any presentation and      must satisfy the requirements of
Commission’s preliminary regulatory          to impose restrictions to avoid excessive    paragraphs (c)(3)(i) and (c)(3)(ii) of this
analysis was published in the January        duplication of presentations.                section addressing neck entrapment.
29, 1999, proposal. The additional
requirement proposed in this notice          List of Subjects in 16 CFR Parts 1213,          (i) Insert the ‘‘A’’ section of the test
does not significantly affect the results    1500, and 1513                               template shown in Fig. 2 of this part
of that analysis. This new requirement          Consumer protection, Infants and          into the portion of the boundary of the
would result in negligible additional        children.                                    opening to be tested, with the plane of
costs to manufacturers, and its benefits        Effective date. The Commission            the template in the plane of the opening
would be small due to the small number       originally proposed that the rule become     and with the centerline of the top of the
of incidents.                                effective 180 days after publication of      template (as shown in Fig. 2 of this part)
                                             the final rule. The Commission believes      aligned parallel to the centerline of the
D. Regulatory Flexibility Act                                                             opening, until motion is stopped by
                                             that the additional requirement
   The Regulatory Flexibility Act of 1980    proposed in this notice will cause only      contact between the test template and
(‘‘RFA’’) requires the Commission to         minor changes to presently produced          the boundaries of the opening (see Fig.
address and give particular attention to     bunk beds. Accordingly, manufacturers        3 of this part). By visual inspection,
the economic effects of the proposed         should still be able to make any             determine if there is simultaneous
rule on small entities. The original         modification to their bunk beds within       contact between the boundary of the
proposal’s preliminary regulatory            the 180-day delayed effective date           opening and both sides of the ‘‘A’’
flexibility analysis concluded that the      originally proposed.                         section of the template. If simultaneous
rule proposed at that time would not            In the Federal Register of March 3,       contact occurs, mark the contact points
have a significant adverse effect on a       1999, the Commission proposed to             on the boundary of the opening and
substantial number of small entities.        amend Title 16, Chapter II, Subchapters      conduct the additional test described in
Because the additional requirement           B and C, of the Code of Federal              paragraph (c)(3)(ii) of this section.
being proposed in this notice will not       Regulations by adding parts 1213 and            (ii) To check the potential for neck
significantly increase the cost to           1513 and amending part 1500. For the         entrapment, place the neck portion of
manufacturers, the Commission certifies      reasons set out in the preamble, the         the ‘‘B’’ section of the template into the
that the rule will not, if promulgated,      Commission proposes the following            opening, with its plane perpendicular to
have a significant economic impact on        additions to that proposal, as set forth     both the plane of the opening and the
a substantial number of small entities.      below.                                       centerline of the opening (see Fig. 4 of
E. Preliminary Environmental                                                              this part). If the neck portion of the ‘‘B’’
Assessment                                   PART 1213—[AMENDED]                          section of the template completely
                                               1. The authority citation for part 1213    enters the opening (passes 0.75 inch or
   The proposed rule is not expected to
                                             continues to read as follows:                more beyond the points previously
have a significant effect on the materials
                                                                                          contacted by the ‘‘A’’ section of the
used in the production and packaging of        Authority: 15 U.S.C. 2056, 2058.
                                                                                          template), the opening is considered to
bunk beds, or in the number of units
                                             § 1213.3   [Amended]                         present a neck entrapment hazard and
discarded after the rule becomes
                                               2. A new § 1213.3(b)(4) is added to        fails the test, unless its lower boundary
effective. Therefore, no significant
                                             read as follows:                             slopes downward at 45 degrees or more
environmental effects would result from
                                                                                          for the whole distance from the
the proposed mandatory rule for bunk         *     *     *     *     *
                                               (b) * * *                                  narrowest part of the opening the neck
beds.
                                               (4) All portions of the boundary of        can reach to the part of the opening that
F. Opportunities for Comment                 any opening required by §§ 1213.4(c)(1)      will freely pass a 9-inch diameter
   Written comments limited to the           and (2) to be probed by the wedge block      sphere.
issues raised by the additional              of Fig. 1 this part, and that permits free   BILLING CODE 6355–01–P
37058   Federal Register / Vol. 64, No. 131 / Friday, July 9, 1999 / Proposed Rules
Federal Register / Vol. 64, No. 131 / Friday, July 9, 1999 / Proposed Rules   37059
37060                 Federal Register / Vol. 64, No. 131 / Friday, July 9, 1999 / Proposed Rules




PART 1513—[AMENDED]                           Authority: 15 U.S.C. 1261(f)(1)(D), 1261(5),   § 1513.3   [Amended]
                                            1262(e)(1), 1262(f)–(i).
                                                                                               5. A new § 1513.3(b)(4) is added to
  4. The authority citation for part 1513                                                    read as follows:
continues to read as follows:
                                                                                             *     *     *    *   *
                       Federal Register / Vol. 64, No. 131 / Friday, July 9, 1999 / Proposed Rules                            37061

   (b) * * *                                paragraphs (c)(3)(i) and (c)(3)(ii) of this      (ii) To check the potential for neck
   (4) All portions of the boundary of      section addressing neck entrapment:           entrapment, place the neck portion of
any opening required by §§ 1513.4(c)(1)       (i) Insert the ‘‘A’’ section of the test    the ‘‘B’’ section of the template into the
and (2) to be probed by the wedge block     template shown in Fig. 2 of this part         opening, with its plane perpendicular to
of Fig. 1 of this part, and that permits    into the portion of the boundary to be        both the plane of the opening and the
free passage of a 9-inch diameter sphere,   tested, with the plane of the template in     centerline of the opening (see Fig. 4 of
must conform to the neck entrapment         the plane of the opening and with the         this part). If the neck portion of the ‘‘B’’
requirements of § 1513.4(c)(3).             centerline of the top of the template (as     section of the template can completely
                                            shown in Fig. 2 of this part) aligned         enter the opening (passes 0.75 inch or
§ 1513.4   [Amended]                        parallel to the centerline of the opening,    more beyond the points previously
  6. A new § 1513.4(c)(3) is added to       until motion is stopped by contact            contacted by the ‘‘A’’ section of the
read as follows:                            between the test template and the             template), the opening is considered to
                                            boundaries of the opening (see Fig. 3 of
*     *     *     *     *                                                                 present a neck entrapment hazard and
                                            this part). By visual inspection,
  (c) * * *                                                                               fails the test, unless its lower boundary
                                            determine if there is simultaneous
                                                                                          slopes downward at 45 degrees or more
  (3) All portions of the boundary of       contact between the boundary of the
                                                                                          for the whole distance from the
any opening that is required to be          opening and both sides of the ‘‘A’’
probed by the wedge block of Fig. 1 of      section of the template. If simultaneous      narrowest part of the opening the neck
this part by paragraphs (c)(1) and (c)(2)   contact occurs, mark the contact points       can reach to the part of the opening that
of this section, and that permits free      on the boundary of the opening and            will freely pass a 9-inch diameter
passage of a 9-inch diameter sphere,        conduct the additional test described in      sphere.
must satisfy the requirements of            paragraph (c)(3)(ii) of this section.         BILLING CODE 6355–01–P
37062   Federal Register / Vol. 64, No. 131 / Friday, July 9, 1999 / Proposed Rules
Federal Register / Vol. 64, No. 131 / Friday, July 9, 1999 / Proposed Rules   37063
37064                    Federal Register / Vol. 64, No. 131 / Friday, July 9, 1999 / Proposed Rules




  Dated: June 30, 1999.
Sadye E. Dunn,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 99–17087 Filed 7–8–99; 8:45 am]
BILLING CODE 6355–01–C

								
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