Proposed Rule2021-19939
Standard for the Flammability of Residential Upholstered Furniture
Primary source
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Published
September 16, 2021
Issuing agencies
Consumer Product Safety Commission
Abstract
The Consumer Product Safety Commission is withdrawing its proposed rule on flammability standards for residential upholstered furniture that published March 4, 2008 in the Federal Register. This rulemaking is no longer active because it has been superseded by the COVID-19 Regulatory Relief and Work From Home Safety Act.
Full Text
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<title>Federal Register, Volume 86 Issue 177 (Thursday, September 16, 2021)</title>
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[Federal Register Volume 86, Number 177 (Thursday, September 16, 2021)]
[Proposed Rules]
[Pages 51639-51640]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19939]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1634
[Docket No. CPSC-2008-0005]
Standard for the Flammability of Residential Upholstered
Furniture
AGENCY: Consumer Product Safety Commission.
ACTION: Termination of rulemaking.
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SUMMARY: The Consumer Product Safety Commission is withdrawing its
proposed rule on flammability standards for residential upholstered
furniture that published March 4, 2008 in the Federal Register. This
rulemaking is no longer active because it has been superseded by the
COVID-19 Regulatory Relief and Work From Home Safety Act.
DATES: As of September 16, 2021 the proposed rule publish March 4, 2008
at 73 FR 11701 is withdrawn.
ADDRESSES: National Product Testing and Evaluation Center, 5 Research
Place, Rockville, MD 20850.
FOR FURTHER INFORMATION CONTACT: Andrew Lock, Project Manager,
Directorate for Laboratory Sciences, National Product Testing and
Evaluation Center, 5 Research Place, Rockville, MD 20850; telephone:
301-987-2099; email: <a href="/cdn-cgi/l/email-protection#1a7b767579715a267b3a72687f7c27" http: cpsc.gov">cpsc.gov</a>">alock@<a href="http://cpsc.gov">cpsc.gov</a></a>.
SUPPLEMENTARY INFORMATION:
A. Upholstered Furniture Rulemaking Under the FFA
1. Advance Notice of Proposed Rulemaking. In 1993, the National
Association of State Fire Marshals (NASFM) petitioned the Commission to
issue regulations under the FFA addressing upholstered furniture fire
risks. On June 15, 1994, the Commission granted the petition, in part,
and issued an advance notice of proposed rulemaking (ANPR) on the
specific risk of small, open flame-ignited fires. 59 FR 30735. The
Commission denied the petition regarding large, open flame-ignited
fires, and deferred action on the petition for cigarette-ignited fires.
On October 23, 2003, the Commission published a subsequent ANPR,
expanding the upholstered furniture proceeding to address ignition of
upholstered furniture by small open flames and smoldering cigarettes.
68 FR 60629.
2. Notice of Proposed Rulemaking. On March 4, 2008, the Commission
issued a notice of proposed rulemaking (2008 NPR) for a flammability
standard for residential upholstered furniture under the FFA. 73 FR
11702. The 2008 NPR proposed performance requirements to reduce the
likelihood of upholstered furniture fires ignited by cigarettes or
small open flames. Manufacturers and importers of upholstered furniture
could choose one of two possible methods for compliance: (1) Use
upholstery cover material that met the specified cigarette-ignition
performance test, i.e., ``Type I'' furniture; or (2) incorporate an
interior fire barrier between the cover fabric and interior filling
materials that met both the smoldering and small open-flame resistance
tests, i.e., ``Type II'' furniture. An ``interior fire barrier'' was
defined as a fire-resistant material that is
[[Page 51640]]
interposed between the upholstery cover fabric and any interior filling
material. The 2008 NPR on upholstered furniture flammability focused on
performance standards which did not prescribe requirements for filling
materials or require manufacturers or importers to use FR chemical
additives to achieve compliance.
B. The COVID-19 Act
On December 27, 2020, the ``COVID-19 Regulatory Relief and Work
From Home Safety Act,'' became law. Public Law 116-260. Section 2101(c)
of the COVID-19 Act mandated that, 180 days after the date of enactment
of the COVID-19 Act, the standard for upholstered furniture set forth
by the Bureau of Electronic and Appliance Repair, Home Furnishings and
Thermal Insulation of the Department of Consumer Affairs of the State
of California in Technical Bulletin (TB) 117-2013 (TB 117-2013),
entitled, ``Requirements, Test Procedure and Apparatus for Testing the
Smolder Resistance of Materials Used in Upholstered Furniture,''
published June 2013, ``shall be considered to be a flammability
standard promulgated by the Consumer Product Safety Commission under
section 4 of the Flammable Fabrics Act (15 U.S.C. 1193).''
Thus, under the COVID-19 Act, the California standard, TB 117-2013,
is a federal flammability standard promulgated under section 4 of the
FFA. TB 117-2013 sets forth the requirements, test procedure, and
apparatus for testing the smolder resistance of materials used in
upholstered furniture from hazards associated with smoldering ignition.
The standard provides methods for smolder resistance of cover fabrics,
barrier materials, resilient filling materials, and decking materials
for use in upholstered furniture. The COVID-19 Act and the FFA (15
U.S.C. 1191 et seq.) does not preempt or otherwise affect any State or
local law, regulation, code, standard, or requirement that concerns
health risks associated with upholstered furniture; and is not designed
to protect against the risk of occurrence of fire, or to slow or
prevent the spread of fire, with respect to upholstered furniture. In
addition, sections 1374 through 1374.3 of title 4, California Code of
Regulations (except for subsections (b) and (c) of section 1374 of that
title), as in effect on the date of enactment of the COVID-19 Act are
not preempted. Finally, the California standard may not be preempted.
On April 9, 2021, the Commission published a direct final rule that
codified the relevant statutory text of section 2101 of the COVID-19
Act under 16 CFR part 1640. 86 FR 18440. This part establishes the
regulatory text of the California standard, TB 117-2013, as the
mandatory federal flammability standard for upholstered furniture under
section 4 of the FFA, and sets forth the statutory requirements.
Because the Commission did not consider any comment received on the
direct final rule to be a significant adverse comment, the rule went
into effect on June 25, 2021, and applies to all upholstered furniture
manufactured, imported, or reupholstered on or after that date.
However, the compliance date for the new labeling requirement will go
into effect on June 25, 2022.
C. Termination of the Upholstered Furniture Rulemaking
The direction in the COVID-19 Act requiring that the California
standard, TB 117-2013, be a federally mandated flammability standard
promulgated by the CPSC under section 4 of the FFA, supersedes the
upholstered furniture rulemaking proceeding initiated by the Commission
under the FFA in 1994. Accordingly, on March 30, 2021, the Commission
voted to terminate the rulemaking associated with upholstered furniture
and directed that notification of the termination of rulemaking be
issued in the Federal Register.\1\ Through this document, the
Commission has terminated the upholstered furniture rulemaking
proceeding that began with the issuance of the ANPR in 1994, and all
subsequent rulemakings in that proceeding including the 2008 NPR.
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\1\ See RCA-Upholstered-Furniture-Flammability-Standard-TB117-
2013-DFR-and-NPR.pdf (<a href="http://cpsc.gov">cpsc.gov</a>).
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2021-19939 Filed 9-15-21; 8:45 am]
BILLING CODE 6355-01-P
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