[Federal Register: March 20, 2002 (Volume 67, Number 54)]
[Proposed Rules]
[Page 12916-12918]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20mr02-36]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Chapter II
Regulatory Options for Addressing Upholstered Furniture
Flammability; Public Meeting
AGENCY: Consumer Product Safety Commission.
ACTION: Notice of public meeting and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Consumer Product Safety Commission (CPSC or Commission)
will conduct a public meeting June 18-19, 2002 to discuss options for
addressing upholstered furniture flammability. The meeting is not a
Commission hearing. The focus of the discussions will be the supporting
information and draft upholstered furniture flammability standard
developed by CPSC staff included in the October 30, 2001 briefing
package entitled ``Upholstered Furniture Flammability: Regulatory
Options,'' the progress of outside groups in addressing the same
problem, and recent developments in related
[[Page 12917]]
flammability issues.\1\ The Commission invites written comments and
oral presentations from individuals, associations, firms, and
government agencies with information or comments related to the
briefing package. The Commission will evaluate these submissions in its
deliberations on the flammability hazards associated with upholstered
furniture.
---------------------------------------------------------------------------
\1\ Briefing memorandum from Dale R. Ray, Project Manager,
Directorate for Economic Analysis, to the Commission, ``Upholstered
Furniture Flammability: Regulatory Options,'' October 30, 2001. The
document may be obtained from the CPSC web site at www.cpsc.gov or
from the CPSC Office of the Secretary. The document is also
available for inspection at the Commission's Public Reading Room,
4330 East-West Highway, room 419, Bethesda, Maryland 20814. For
further information call the Office of the Secretary at (301) 504-
0800.
DATES: The meeting will begin at 10:00 a.m. on June 18, 2002, and
continue on June 19, 2002. Requests to make oral presentations, and 10
copies of the text of the presentation, must be received by the CPSC
Office of the Secretary no later than May 20, 2002. Persons making
presentations at the meeting should provide an additional 50 copies for
dissemination on the date of the meeting. Written submissions that are
in place of, or in addition to oral presentations, must be received by
the Office of the Secretary no later than July 18, 2002. Ten copies
should be provided.
Presentation texts and other written submissions should identify
the author's affiliation with, or employment or sponsorship by, any
entity with an interest in the upholstered furniture proceeding. Any
data, analyses or studies should include substantiation and citations.
The Commission reserves the right to limit the number of persons who
make presentations and the duration of their presentations.
ADDRESSES: The meeting will be in room 420 of the East-West Towers
Building, 4330 East-West Highway, Bethesda, MD. Written comments,
requests to make oral presentations, and texts of oral presentations
should be captioned ``Upholstered Furniture Flammability Proceeding''
and mailed to the Office of the Secretary, Consumer Product Safety
Commission, Washington, DC 20207, or delivered to that office, room
502, 4330 East-West Highway, Bethesda, Maryland 20814. Comments,
requests, and texts of oral presentations may also be filed by
facsimile to (301) 504-0127 or by e-mail to cpsc-os@cpsc.gov.
FOR FURTHER INFORMATION CONTACT: For information about the purpose or
subject matter of this meeting contact Dale R. Ray, Project Manager,
Directorate for Economic Analysis, U.S. Consumer Product Safety
Commission, Washington, DC 20207; telephone (301) 504-0962, extension
1323; fax (301) 504-0109; e-mail dray@cpsc.gov. For information about
the schedule for submission of written comments, requests to make oral
presentations, and submission of texts of oral presentations, contact
Rockelle Hammond, Office of the Secretary, Consumer Product Safety
Commission, Washington, DC 20207; telephone (301) 504-0800, extension
1232; fax (301) 504-0127; e-mail rhammond@cpsc.gov.
SUPPLEMENTARY INFORMATION:
A. Background
In 1994, the Commission initiated a regulatory proceeding to
address the hazard of small open flame ignitions of upholstered
furniture by publication of an advance notice of proposed rulemaking
(ANPR). 59 FR 30735 (June 15, 1994). Small open flame sources include,
for example, cigarette lighters, matches, and candles. The CPSC staff
work indicates that a small open flame performance standard for
upholstered furniture could reduce the risk of death, injury, and
property loss.
Following issuance of the ANPR, CPSC staff developed a draft
performance standard and a test method to evaluate the small open flame
performance of upholstered furniture. In October 1997, the staff
forwarded a briefing package to the Commission concluding that a small
open flame standard was feasible and could effectively reduce the risks
to consumers, including risks from both small open flame and cigarette
ignitions. Since 1997, the staff has continued to develop the small
open flame standard.
The standard that the staff has drafted contains performance
requirements for small open flame ignition resistance of seating areas
and dust covers of upholstered furniture. It also includes an optional
seating barrier test that would allow the use of fire-retardant
barriers, or interliners, instead of FR cover fabrics. The seating
barrier test is intended to preserve consumer choice among many
existing upholstery fabrics. CPSC staff believes that this would give
manufacturers flexibility in achieving compliance, and would reduce the
potential economic burden of the performance standard, especially for
small businesses.
In the 1997 briefing package, the staff recommended that the CPSC
gather additional scientific information to ensure that flame retardant
(FR) upholstery fabric treatments that manufacturers might use would
not result in adverse health effects. In 1998, the Commission held a
public hearing on FR chemical issues. Representatives of government,
industry, fire safety organizations, and other interested parties
testified at the May 5-6, 1998 public hearing, or submitted information
about FR chemicals following the hearing. The staff incorporated the
information submitted pursuant to the public hearing and all other
available scientific data into the FR chemical risk assessment in the
October 30, 2001 briefing package. That assessment concluded that four
of the eight FR chemicals selected for risk assessment would clearly
not be considered hazardous to consumers under the Federal Hazardous
Substances Act (FHSA). The assessment also identified one chemical as
unlikely to be hazardous, one as hazardous, and two for which
additional data were needed.
In the CPSC Fiscal Year 1999 appropriation bill, Congress directed
the Commission to sponsor an independent study by the National Academy
of Sciences (NAS) of potential health risks from FR chemicals that
might be used to meet a flammability standard. The final NAS report was
published in July 2000. The NAS study concluded that 8 of the 16 FR
chemicals reviewed would present a minimal risk, even under ``worst
case'' exposure assumptions. The NAS recommended further study for the
remaining 8 chemicals.
B. The Public Meeting
The purpose of the public meeting is to provide a forum for dialog
between Commission staff and interested parties on the work performed
to date by the staff in developing a draft small open flame ignition
standard for upholstered furniture, the related information developed
during that effort, the progress of efforts by outside organizations to
address the risk, and recent developments in related flammability
issues. The meeting is not a Commission hearing.
Participation in the meeting is open. The CPSC staff will notify
specific representatives of identified interest groups such as industry
sectors (furniture, fabrics, foam, chemicals), fire safety and
government (national, state/local, international), and consumer
interests of the meeting. The meeting will be conducted in an open
discussion format. Participants may be organized into panels to address
specific topics. See the DATES section of this notice for information
on making requests to give oral presentations at the meeting and on
making written submissions.
[[Page 12918]]
C. Meeting Topics
To assist interested parties in deciding on whether and how to
participate in the public meeting, or to submit written comments on the
staff briefing package, the Commission is providing the following list
of topics.
Fire data & analysis
Standards development & laboratory testing
The CPSC staff's draft small open flame standard
FR chemical testing, analysis & risk assessment
Economic analysis
Other standards/harmonization
--California TB-117
--United Kingdom regulations
--Voluntary standards activities
Industry efforts to develop safer products & materials
Regulatory alternatives
As indications of interest in making presentations and otherwise
participating in the meeting are received, the Commission will revise
and update the list of topics.
Dated: March 14, 2002.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 02-6633 Filed 3-19-02; 8:45 am]
BILLING CODE 6355-01-P