[Federal Register: March 10, 2000 (Volume 65, Number 48)]
[Rules and Regulations]
[Page 12935-12938]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10mr00-9]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1632
Standard for the Flammability of Mattresses and Mattress Pads
AGENCY: Consumer Product Safety Commission.
ACTION: Final amendments.
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SUMMARY: The Commission is amending the flammability standard for
mattresses and mattress pads by revising the laundering procedure
specified in that standard for mattress pads which contain a chemical
fire retardant. These laundering procedures help assure that any
chemical flame retardant is not removed or degraded by repeated washing
and drying, thereby creating a flammability hazard. The Commission is
issuing these amendments because the detergent specified by the
existing laundering procedure is no longer available and the operating
characteristics of the washing and drying machines required by that
procedure are no longer representative of machines now used for home
laundering.
DATES: The rule will become effective on April 10, 2000, and will apply
to products manufactured or imported after that date. The incorporation
by reference of the publication listed in this rule is approved by the
Director of the Federal Register as of April 10, 2000.
FOR FURTHER INFORMATION CONTACT: Marilyn Borsari, Office of Compliance,
Consumer Product Safety Commission, Washington, DC 20207; telephone
(301) 504-0400, extension 1370.
SUPPLEMENTARY INFORMATION:
A. Background
The Flammable Fabrics Act (``FFA'') (15 U.S.C. 1191 et seq.)
authorizes the Commission to issue and amend flammability standards and
regulations to protect the public from unreasonable risks of death,
injury, and property damage from fire associated with products of
interior furnishing made from fabric and related materials.
In 1972, the Secretary of Commerce issued a flammability standard
for mattresses and mattress pads to protect the public from death and
serious burn injuries associated with ignition of mattresses and
mattress pads by smoldering cigarettes. That standard became effective
in 1973, and is codified at 16 CFR Part 1632. In 1973, authority to
issue flammability standards under the FFA was transferred from the
Department of Commerce to the Consumer Product Safety Commission by
section 30(b) of the Consumer Product Safety Act (15 U.S.C. 2079(b)).
B. Amending the Flammability Standard
As discussed below, laundering procedures are prescribed by the
standard to help assure that any fire-retardant chemicals used in the
production of mattress pads will not be removed or degraded by repeated
washing and drying and create a flammability hazard. However, the
current procedures are out of date in several respects.
1. Current Procedures
The mattress flammability standard describes the apparatus and
procedure used to test mattress pads for compliance with the standard.
See 16 CFR 1632.4 and 1632.5(a). Sections 1632.5 (a) and (b) of the
standard require that any mattress pad manufactured with a fire
retardant chemical shall be tested in the condition in which it is
intended to be sold, and after it has been washed and dried ten times
in accordance with a specified laundering procedure. That laundering
procedure is AATCC Test Method 124-82, published by the American
Association of Textile Chemists and Colorists (``AATCC'').(1) \1\ The
mattress
[[Page 12936]]
standard incorporates that laundering procedure by reference. See 16
CFR 1632.5(b)(2)(iv).
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\1\ Numbers in parentheses identify reference documents in the
List of Relevant Documents at the end of this notice. Requests for
inspection of any of these documents should be made at the Office of
the Secretary, 4330 East-West Highway, room 502, Bethesda, Md., or
by calling that office at (301) 504-0800.
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AATCC Test Method 124-82 specifies operating characteristics of the
washing machine and dryer to be used, wash water and rinse water
temperatures, exhaust temperature of the dryer, and a particular
detergent, AATCC Standard Detergent 124. AATCC Test Method 124-82 was
originally developed in 1967 and subsequently revised. These
specifications are representative of the equipment, wash, rinse, and
drying temperatures, and the detergent used for home laundering in the
1960s. For example, AATCC Standard Detergent 124 is a high-phosphate
powder with optical brightener, similar to the phosphate-based
detergents sold to consumers between 1950 and 1970.(3)
Since 1970, environmental concerns about water pollution have
resulted in the elimination of phosphate-based detergents for home
laundering. Today, all laundry detergents sold to consumers are
nonphosphate-based. Additionally, energy-efficient washing machines and
dryers currently sold for consumer use have operating characteristics
and temperature settings which differ from those specified by AATCC
Test Method 124-82.(3)
2. Revised Laundering Test Method
In 1996, AATCC revised AATCC Test Method 124, ``Appearance of
Fabrics After Repeated Home Laundering''.(2) The 1996 AATCC test method
more closely resembles the equipment and practices currently used for
household laundering of fabrics. The revised test method differs from
AATCC Test Method 124-82 by specifying the use of 1993 AATCC detergent,
a nonphosphate-based detergent. The 1996 test method also specifies use
of a washing machine with different operating characteristics than
those specified by AATCC Test Method 124-82, and rinse water
temperatures which differ from those in the older test method.(3) Table
1, below, provides a summary comparison of the two test methods.
In 1996, AATCC also announced that when that organization's supply
of Standard Detergent 124 is depleted, that detergent will no longer be
available. AATCC is the only source for Standard Detergent 124.
Additionally, washing machines now offered for sale do not have the
settings and operating characteristics of the washing machine specified
by AATCC Test Method 124-82.(3)
Table 1.--AATCC Test Method 124
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Wash/dry conditions Version 1982 Version 1996
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Washing Machine:
Cycle.............................. Normal............................................... Normal/Cotton Sturdy
Wash Water Temp.................... 60<plus-minus>3 deg.C................................ 60<plus-minus>3 deg.C
Rinse Water Temp................... 41<plus-minus>3 deg.C................................ Less Than 29 deg.C
Water Level........................ Full................................................. 18<plus-minus>1 gal
Agitator Speed..................... 70<plus-minus>5 spm.................................. 179<plus-minus>2 spm
Wash Time.......................... 12 minutes........................................... 12 minutes
Spin Speed......................... 500-510 rpm.......................................... 630-660 rpm
Final Spin Cycle................... 4 minutes............................................ 6 minutes
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Dryer:
Cycle............................ Normal............................................. Cotton Sturdy................ Durable Press
Exhaust Temp..................... 140-160 deg.F...................................... 140-160 deg.F................ 140-160 deg.F
Cool Down Cycle.................. 5 minutes.......................................... 5 minutes.................... 10 minutes
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spm=strokes (or cycles) per minute; rpm=revolutions per minute.
3. Review of Other Existing Standards
As explained in the notice of proposed rulemaking, the Commission
staff reviewed and analyzed twelve other international and technical
association standards or test methods to determine if any were
appropriate for consideration in this proceeding. All of the identified
standards for fabric laundering have significant deficiencies. They are
either based on earlier versions of AATCC Test Method 124 (with
obsolete detergent and equipment), require equipment not available in
the U.S., use only water in the laundering procedure, or specify
significantly lower wash and rinse water temperatures than those still
available for consumers.
4. Comparability of Test Results
The Commission intended to perform some testing of mattress pads
manufactured with chemical fire retardants using AATCC Test Method 124-
82 and AATCC Test Method 124-1996 to compare the two test methods.
However, the staff has been unable to locate any flame retardant-
treated mattress pads for this comparison. The Commission believes,
however, it is appropriate to revise the laundering method so that it
is consistent with actual consumer and industry laundering practices
should cotton mattress pads (which might need flame retardant
treatment) return to the market in the future.
5. Proposed Amendment
On March 17, 1999, the Commission proposed to revise the laundering
procedures specified in 16 CFR 1632.5(b) to those of AATCC Test Method
124-1996. 64 FR 13137. As explained in the preamble to the proposed
rule, the Commission determined that an advance notice of proposed
rulemaking was not necessary to begin this proceeding. Id. at 13139.
The amendments preserve the original intent and effect of the existing
test method, modifying that method only as necessary to reflect the
existence of modern equipment and detergent. Moreover, the existing
regulations permit the Commission to employ a laundering test method
different from AATCC Test Method 124 if it concludes that the test
method is substantively as protective.
The Commission received comments on the proposed rule from the Soap
and Detergent Association (``SDA''), American Textile Manufacturers
Institute (``ATMI''), and the National Cotton Council (``NCC''). ATMI
and
[[Page 12937]]
NCC both expressed their support for the proposed revision. SDA's
comments are discussed below.
Wash and Rinse Water Temperatures
SDA suggested that the Commission consider a laundering protocol
different than AATCC Test Method 124. SDA's suggested protocol calls
for cooler wash and rinse temperatures, stating that they are more
representative of today's laundering conditions.
The Commission declines to make this change. Many water heaters in
use today are set at 60C/140F. Thus, consumers have hotter wash water
available to them than the 32C/90F that SDA recommends. It is
appropriate that the laundering requirements reflect not necessarily
the average conditions, but the most rigorous that a consumer is likely
to use. By specifying a hot water wash and a cold water rinse, the
revised CPSC standard represents the most rigorous real, although not
necessarily average, wash conditions.
Water Hardness
SDA also suggested that the revised standard should specify water
hardness criteria. While water hardness is one factor that may affect
the flammability performance of some fabrics, the Commission has no
evidence that water hardness is a significant problem for flame
retardant treated products currently marketed. At this time, the
Commission is only correcting the outdated detergent and laundering
conditions in the current FFA standards. It is not within the scope of
this proceeding to consider additional criteria.
Ballast Load Weight
The SDA suggested changing the ballast load weight to
2.7<plus-minus>0.1 kg (6<plus-minus>0.2 lb). CPSC's current standard
specifies 3.64 kg (8 lb) while the AATCC Test Method 124 only requires
1.8kg (4 lb). SDA may not have realized that CPSC is retaining the
larger load requirement. As explained above, the Commission is only
correcting the outdated aspects of the laundering standard. It is not
altering other criteria.
Omit Reference to a Specific Date
Finally, SDA suggested that the Commission not refer to the
specific year of the AATCC standard but simply refer to the most
current method. This would alleviate the need to revise the standard
every time the AATCC standard is revised.
The Commission cannot accept this suggestion. For any change by
AATCC to have the force and effect of a Commission rule the Commission
must formally adopt it through notice and comment rulemaking.
6. Final Rule
The amendments require a mattress pad containing a fire retardant
chemical to be tested in the condition in which it is intended to be
sold and after washing and drying 10 times using the procedure
specified in AATCC Test Method 124-1996. The amendments incorporate
that test method into the mattress standard by reference.
The mattress flammability standard and enforcement rules exempt any
``one-of-a-kind'' mattress or mattress pad manufactured to a
physician's written prescription from all requirements of the standard.
See Secs. 1632.2(b)(4) and 1632.31(f). Those sections are not affected
by the amendments.
Additionally, existing Sec. 1632.5(b)(1)(i) exempts from the
laundering requirements of the standard any mattress pad intended for
``one time use'' and any mattress pad which is not intended to be
laundered. Existing Sec. 1632.5(b)(1)(ii) states that mattress pads
that cannot be laundered and are labeled ``dryclean only'' shall be
drycleaned by a procedure which has been found to be acceptable by the
Commission before testing. Existing Sec. 1632.5(b)(2)(v) allows
manufacturers of mattress pads manufactured with a chemical fire
retardant to test specimens after laundering ``a different number of
wash and dry cycles using another procedure * * * if that procedure has
previously been found to be equivalent by the Consumer Product Safety
Commission.'' These sections are not affected by the amendments.
7. Effective Date
The Commission proposed that the amendments become effective 30
days after publication of a final rule. 64 FR 13139. As discussed in
the preamble to the proposed rule, the standard detergent specified by
the existing laundering method in the standard is no longer available.
Thus the Commission believes that an effective date 30 days after
publication of final amendments will be in the public interest. The
Commission is not withdrawing or limiting the exemption for products in
inventory or with the trade as provided by section 4(b) of the FFA.
The Commission received no comments on the proposed effective date.
The Commission continues to believe that an effective date of thirty
days allows adequate notice to all interested persons of the change in
laundering procedure, and at the same time assures that the Commission
will be able to test for compliance with the standards without
interruption. Those manufacturers who perform prototype testing in
accordance with the laundering procedure specified in the standard will
also benefit from a relatively short effective date.
C. Other Issues
1. Impact on Small Businesses
In accordance with section 605(b) of the Regulatory Flexibility Act
(5 U.S.C. 605(b)), the Commission certified that the proposed
amendments to the mattress flammability standard would not have a
significant economic impact on a substantial number of small entities,
including small businesses, if issued on a final basis. 64 FR 13140.
The Commission has no information that would alter this determination.
2. Environmental Considerations
As discussed in the preamble to the proposed rule, the amendments
fall within the categories of Commission actions described at 16 CFR
1021.5(c) that have little or no potential for affecting the human
environment. The Commission has no information indicating any special
circumstances in which these amendments may affect the human
environment. Accordingly, the Commission determined that neither an
environmental assessment nor an environmental impact statement is
required. 64 FR 13140.
3. Executive Orders
Executive Order 12988 (February 5, 1996), requires agencies to
state in clear language the preemptive effect, if any, to be given to a
new regulation. The amendments modify a flammability standard issued
under the FFA. With certain exceptions which are not applicable here,
no state or political subdivision of a state may enact or continue in
effect ``a flammability standard or other regulation'' applicable to
the same fabric or product covered by an FFA standard if the state or
local flammability standard or regulation is ``designed to protect
against the same risk of the occurrence of fire'' unless the state or
local standard or regulation is ``identical'' to the FFA standard. See
section 16 of the FFA (15 U.S.C. 1203). Consequently, the amendments
will preempt nonidentical state or local flammability standards or
regulations that are intended to address the unreasonable risk of fire
from ignition of mattress pads.
The Commission has also evaluated this rule in light of the
principles stated in Executive Order 13132 concerning federalism, even
though that Order does
[[Page 12938]]
not apply to independent regulatory agencies such as CPSC. The
Commission does not expect that the rule will have any substantial
direct effects on the States, the relationship between the national
government and the States, or the distribution of power and
responsibilities among various levels of government.
List of Subjects in 16 CFR Part 1632
Consumer protection, Flammable materials, Incorporation by
reference, Labeling, Mattresses and mattress pads, Records, Textiles,
Warranties.
Conclusion
Therefore, pursuant to the authority of section 30(b) of the
Consumer Product Safety Act (15 U.S.C. 2079(b)) and sections 4 and 5 of
the Flammable Fabrics Act (15 U.S.C. 1193, 1194), the Commission hereby
amends title 16 of the Code of Federal Regulations, Chapter II,
Subchapter D, Part 1632 to read as follows:
PART 1632--STANDARD FOR THE FLAMMABILITY OF MATTRESSES AND MATTRESS
PADS
1. The authority for part 1632 continues to read as follows:
Authority: 15 U.S.C. 1193, 1194; 15 U.S.C. 2079(b).
2. Section 1632.5 is amended by revising paragraphs (b)(2)(i)
through (iv) and by removing the undesignated paragraph following
(b)(2)(iv) to read as follows:
Sec. 1632.5 Mattress pad test procedure.
* * * * *
(b)* * *
(2) Laundering procedure. (i) Washing shall be performed in
accordance with sections 8.2.2 and 8.2.3 of AATCC Test Method 124-1996,
using wash temperature V (60 deg.<plus-minus>3 deg.C,
140 deg.<plus-minus>5 deg.F) specified in Table II of that method, and
the water level, agitator speed, washing time, spin speed and final
spin cycle specified for ``Normal/Cotton Sturdy'' in Table III.
(ii) Drying shall be performed in accordance with section 8.3.1(A)
of AATCC Test Method 124-1996 ``Appearance of Fabrics after Repeated
Home Laundering,'' Tumble Dry, using the exhaust temperature
(66 deg.<plus-minus>5 deg.C, 150 deg.<plus-minus>10 deg.F) and cool
down time of 10 minutes specified in the ``Durable Press'' conditions
of Table IV.
(iii) Maximum washer load shall be 3.64 Kg (8 pounds) and may
consist of any combination of test samples and dummy pieces.
(iv) AATCC Test Method 124-1996 ``Appearance of Fabrics after
Repeated Home Laundering,'' is found in Technical Manual of the
American Association of Textile Chemists and Colorists, vol. 73, 1997,
which is incorporated by reference. Copies of this document are
available from the American Association of Textile Chemists and
Colorists, P.O. Box 12215, Research Triangle Park, North Carolina
27709. This document is also available for inspection at the Office of
the Federal Register, 800 North Capitol Street, NW., Suite 700,
Washington, DC. This incorporation by reference was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51.
* * * * *
Dated: March 2, 2000.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
List of Relevant Documents
1. American Association of Textile Chemists and Colorists,
``Appearance of Durable Press Fabrics After Repeated Home Laun-
derings,'' AATCC Test Method 124-1969. AATCC Technical Manual, Vol.
46, 1970.
2. American Association of Textile Chemists and Colorists,
``Appearance of Fabrics After Repeated Home Laundering,'' AATCC Test
Method 124-1996. AATCC Technical Manual, Vol. 73, 1997.
3. Briefing memorandum from Margaret Neily, Project Manager,
Directorate for Engineering Sciences, to the Commission, ``Proposed
Amendments to Flammable Fabrics Act Standards to Replace Obsolete
Standard Detergent and Update Laundering Procedures Required for
Tests,'' November 18, 1998.
4. Memorandum from Gail Stafford, Directorate for Laboratory
Sciences, to Margaret Neily, Project Manager, ``Amending the
Laundering Provisions of the CPSC Flammability Regulations,'' August
18, 1998.
5. Memorandum from Gail Stafford, Directorate for Laboratory
Sciences, to Margaret Neily, Project Manager, ``Textile Laundering
Standards,'' August 18, 1998.
6. Memorandum from Gail Stafford and Shing-Bong Chen,
Directorate for Laboratory Sciences, to Margaret Neily, Project
Manager, ``Detergent Comparison Tests,'' August 19, 1998.
7. Log of Meeting on January 21, 1998 concerning Flammability
Test of Pyrovatex-treated Flame Resistant Fabrics.
8. Memorandum from Terrance R. Karels, Directorate for Economic
Analysis, to Margaret Neily, Project Manager, ``Amendments to FFA
Standards,'' August 10, 1998.
9. Memorandum from Margaret Neily, Project Manager, Directorate
for Engineering Sciences, to the Commission, ``Briefing Package
Supplement: Laundering/Detergent Update for Flammable Fabrics Act
Standards--The Soap and Detergent Association (SDA) Laundering
Procedures,'' January 11, 1999.
10. Memorandum from Gail Stafford, Directorate for Laboratory
Sciences, to Margaret Neily, Project Manager, ``Soap and Detergent
Association Proposed Laundering Procedure,'' December 23, 1998.
11. Letter from Jenan Al-Atrash, Director, Human Health &
Safety, The Soap and Detergent Association, to Margaret Neily,
Technical Program Coordinator, Office of the Executive Director,
including SDA Recommended Wash Conditions for CFR 1615.4, September
15, 1998.
12. Letter from Jenan Al-Atrash, Director, Human Health &
Safety, The Soap and Detergent Association, to Margaret Neily,
Technical Program Coordinator, Office of the Executive Director,
follow-up comments to September 15, 1998, letter, November 12, 1998.
13. Memorandum from Margaret L. Neily, Project Manager,
Directorate for Engineering Sciences, to the Commission,
``Laundering/Detergent Updates--FR notice supplements,'' February
19, 1999.
14. Briefing Memorandum, from Ron Medford, AED, Office of Hazard
Identificaiton and Reduction and Margaret L. Neily, Project Manager,
ESME, to the Commission, ``Final Rule Updating Standard Detergent
and Laundering Procedures for Flammable Fabrics Act Standards,''
January 6, 2000.
15. Memorandum from Martha A. Kosh, OS, ``Comments on Children's
Sleepwear Laundering Procedures, Mattress Pads Laundering
Procedures, Carpet and Rugs Laundering Procedures,'' June 1, 1999.
16. Memorandum from Gail Stafford, Directorate for Laboratory
Sciences, to Margaret Neily, Project Manager, ``Response to Comments
Received as a Result of the Notice of Proposed Rulemaking (NPR) for
the Laundering/Detergent Update for the Flammable Fabrics Act
Standards,'' October 25, 1999.
[FR Doc. 00-5529 Filed 3-9-00; 8:45 am]
BILLING CODE 6355-01-P