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B-335479 Aug 07, 2023 1 (2023-08-07)

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                     U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548



B-335479


August 7, 2023

The Honorable Maria Cantwell
Chair
The Honorable Ted Cruz
Ranking Member
Committee on Commerce,  Science, and Transportation
United States Senate

The Honorable Cathy McMorris Rodgers
Chair
The Honorable Frank Pallone, Jr.
Ranking Member
Committee on Energy and Commerce
House  of Representatives

Subject: Consumer  Product Safety Commission: Safety Standard for Adult Portable Bed Rails

Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Consumer Product Safety Commission (CPSC) entitled Safety Standard
for Adult Portable Bed Rails (CPSC-2013-0022). We received the rule on July 27, 2023.
It was published in the Federal Register as a final rule on July 21, 2023. 88 Fed. Reg. 46958.
The effective date is August 21, 2023.

According to CPSC, the final rule requires that adult portable bed rails (APBRs) meet the
requirements of the existing voluntary standard for APBRs, with modifications. CPSC
determined that there is an unreasonable risk of injury and death associated with entrapment
and other hazards from APBRs, and CPSC  stated it has identified 284 fatal incidents related to
entrapment by APBRs  between January 2003 and December  2021.

The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major
rule from the date of publication in the Federal Register or receipt of the rule by Congress,
whichever is later. 5 U.S.C. § 801(a)(3)(A). The final rule was published in the Federal Register
on July 21, 2023. 88 Fed. Reg. 46958. The final rule has a stated effective date of August 21,
2023. Therefore, the final rule does not have the required 60-day delay in its effective date.1



1 In the final rule, CPSC stated, To comply with the CRA, CPSC will submit the required
information to each House of Congress and the Comptroller General and postpone enforcement
of the rule during the congressional review period specified in the CRA. The final rule as
published does not reflect such postponement, and we have not received additional information
from the agency.

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