[Federal Register: June 23, 2005 (Volume 70, Number 120)]
[Proposed Rules]
[Page 36357-36359]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jn05-20]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1632
Advance Notice of Proposed Rulemaking; Possible Revocation or
Amendment of Standard for the Flammability of Mattresses and Mattress
Pads (Cigarette Ignition)
AGENCY: Consumer Product Safety Commission.
ACTION: Advance notice of proposed rulemaking.
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SUMMARY: The Consumer Product Safety Commission (``CPSC'' or
``Commission'') is considering revoking or amending its existing
standard for the flammability of mattresses and mattress pads (16 CFR
part 1632). The Commission recently proposed a new standard addressing
the flammability of mattresses. Several commenters have suggested that
if and when the new standard takes effect, continuing the cigarette
ignition standard would be burdensome and unnecessary. With this
advance notice of proposed rulemaking, the Commission begins to assess
the need for continuing the existing mattress standard. The Commission
invites comments concerning the risk of injury identified in this
notice, the regulatory alternatives being considered, and other
possible alternatives. The Commission also invites submission of any
existing standard or statement of intention to modify or develop a
voluntary standard to address cigarette ignition of mattresses and
mattress pads.
DATES: Comments and submissions must be received by August 22, 2005.
ADDRESSES: Comments should be sent by e-mail to cpsc-os@cpsc.gov.
Comments should be captioned ``Mattress ANPR (Cigarette Ignition).''
Comments may also be mailed, preferably in five copies, to the Office
of the Secretary, Consumer Product Safety Commission, Washington, DC
20207-0001, or delivered to the Office of the Secretary, Consumer
Product Safety Commission, Room 502, 4330 East-West Highway, Bethesda,
Maryland; telephone (301) 504-0800. Comments also may be filed by
facsimile to (301) 504-0127.
FOR FURTHER INFORMATION CONTACT: Margaret Neily, Directorate for
Engineering Sciences, Consumer Product Safety Commission, Washington,
DC 20207; telephone (301) 504-7530.
SUPPLEMENTARY INFORMATION:
A. Background
The Standard for the Flammability of Mattresses (and Mattress Pads)
(16 CFR part 1632) was issued by the Department of Commerce in 1972
under the authority of the Flammable Fabrics Act (``FFA''), 15 U.S.C.
1191 et seq. When the Commission was created, the responsibility for
issuing and amending flammability standards under the FFA was
transferred to the Commission. 15 U.S.C. 2079(b).
[[Page 36358]]
The standard sets forth a test to determine the ignition resistance
of a mattress or mattress pad when exposed to a lighted cigarette.
Lighted cigarettes are placed at specified locations on the surface of
a mattress (or mattress pad). The standard establishes pass/fail
criteria for the tests. The standard also requires manufacturers to
maintain records demonstrating compliance with the testing
requirements.
As originally issued, the standard required manufacturers to
perform both prototype and production testing. A prototype test is a
test of a mattress design before it is introduced into commerce. In
1984, the Commission amended the standard to eliminate the production
testing requirement and make certain other changes to the standard (49
FR 39790).
On January 13, 2005, the Commission issued a notice of proposed
rulemaking (``NPR'') proposing a new flammability standard for
mattresses and mattress and foundation sets (``mattress/set''). 70 FR
2470. The proposed standard requires, with certain exceptions, that
mattress manufacturers test specimens representative of each mattress/
set prototype before introducing a mattress/set into commerce. The test
is a full scale test based on research conducted by the National
Institute of Standards and Technology (``NIST''), in which a mattress
specimen is exposed to a pair of ``T'' shaped propane burners and
allowed to burn freely for a period of 30 minutes. Measurements are
taken, and the mattress/set must meet the specified test criteria for
the prototype to be acceptable. The proposed standard also contains
quality assurance and recordkeeping requirements.
Also on January 13, 2005, the Commission issued an advance notice
of proposed rulemaking (``ANPR'') initiating a rulemaking proceeding
for bedclothes. 70 FR 2514. The Commission described ``bedclothes''
broadly in the ANPR, noting that the term can include a variety of
products, such as sheets, blankets, mattress pads, pillows, comforters,
and similar products that are used as covering on a bed. The Commission
stated its intention to evaluate particular items that should be
included in or excluded from a proposed bedclothes standard as it
proceeds with the rulemaking. Thus, while mattress pads are not
included in the proposed mattress flammability standard, they could be
included in the bedclothes rulemaking.
The Commission has received comments suggesting that, considering
the Commission's intention to issue a new mattress flammability
standard, the Commission should revoke the existing mattress standard.
More specifically, commenters assert that the cigarette ignition test
will not be necessary once the open flame test is in place and that it
would be burdensome for industry to conduct the testing required by
both standards. In light of these comments, the Commission is issuing
this ANPR to begin consideration of whether the existing mattress
standard should be revoked or amended.
B. The Product
The mattress standard at 16 CFR part 1632 defines ``mattress'' as
``a ticking filled with a resilient material used alone or in
combination with other products intended or promoted for sleeping
upon.'' 16 CFR 1632.1(a). The definition further describes items that
are included in and excluded from the term ``mattress.''
According to the International Sleep Products Association
(``ISPA''), the top four producers of mattresses and foundations
account for almost 60 percent of total U.S. production. In 2001, there
were 639 establishments producing mattresses in the United States. ISPA
estimated that the total number of U.S. conventional mattress shipments
was 21.5 million in 2002, and is estimated to be 22.1 million in 2003
and 22.8 million in 2004. These estimates do not include futons, crib
mattresses, juvenile mattresses, sleep sofa inserts, or hybrid water
mattresses. These ``non-conventional'' sleep surfaces are estimated to
comprise about 10 percent of total annual shipments of all sleep
products. The value of mattress and foundation shipments in 2002,
according to ISPA, was $3.26 and $1.51 billion respectively.
The standard defines ``mattress pad'' as ``a thin, flat mat or
cushion and/or ticking filled with resilient material for use on top of
a mattress.'' 16 CFR 1632.1(b). Foam mattress pads may be made with a
flat surface, an ``egg crate'' design, or with ``memory foam'' that
contours to the body. Industry sources estimate that perhaps 4 to 5
million egg crate pads are sold annually. Memory pads, which retail for
$100 or more, sell about 3 million units annually.
C. Statutory Provisions
Section 4 of the FFA authorizes the Commission to initiate
proceedings for a flammability standard when it finds that such a
standard is ``needed to protect the public against unreasonable risk of
the occurrence of fire leading to death or personal injury, or
significant property damage.'' 15 U.S.C. 1193(a). That section also
sets forth the process by which the Commission can issue or amend a
flammability standard. The Commission first must issue an advance
notice of proposed rulemaking (``ANPR'') which: (1) Identifies the
fabric or product and the nature of the risk associated with the fabric
or product; (2) summarizes the regulatory alternatives under
consideration; (3) provides information about existing relevant
standards and reasons why the Commission does not preliminarily believe
that these standards are adequate; (4) invites interested persons to
submit comments concerning the identified risk of injury, regulatory
alternatives being considered, and other possible alternatives; (5)
invites submission of an existing standard or portion of a standard as
a proposed regulation; and (6) invites submission of a statement of
intention to modify or develop a voluntary standard to address the risk
of injury. 15 U.S.C. 1193(g).
If, after reviewing comments and submissions responding to the
ANPR, the Commission determines to continue the rulemaking proceeding,
it will issue a notice of proposed rulemaking. This notice must contain
the text of the proposed rule along with alternatives the Commission
has considered and a preliminary regulatory analysis. 15 U.S.C.
1193(i). Before issuing a final rule, the Commission must prepare a
final regulatory analysis, and it must make certain findings concerning
any relevant voluntary standard, the relationship of costs and benefits
of the rule, and the burden imposed by the regulation. Id. 1193(j). The
Commission also must provide an opportunity for interested persons to
make an oral presentation before the Commission issues a final rule.
Id. 1193(d).
The FFA does not explicitly address requirements or findings for
revoking a flammability standard or amending a standard to eliminate
requirements. To issue a standard the Commission must find that the
standard is needed to protect the public against an unreasonable risk
of death, personal injury or significant property damage due to the
occurrence of fire. Id. 1193(a). Thus, it appears reasonable for the
Commission, when revoking an FFA standard or eliminating certain
requirements, to make findings that the standard (or particular
requirement) is not necessary to protect against an unreasonable risk
of death or injury. In other words, elimination of the standard (or
certain requirements) would not result in an unreasonable risk.
D. Risk of Injury
As reported in the recent mattress NPR (70 FR 2472), the most
recent national fire loss estimates indicated that mattresses and
bedding were the
[[Page 36359]]
first items to ignite in 19,400 residential fires attended by the fire
service annually during 1995-1999 (based on data from the U.S. Fire
Administration's National Fire Incident Reporting System data and the
National Fire Protection Association's annual survey). These fires
resulted in 440 deaths, 2,230 injuries and $273.9 million in property
loss each year. Open flame ignition sources accounted for 35 percent of
these fires and smoking material sources accounted for 30 percent of
the fires. The remaining fires included a variety of ignition sources
including heat sources too close to the bed.
The cigarette ignition test has been in effect since June of 1973.
Thus, the incident data discussed above reflect the circumstances
prevailing when a standard emphasizing cigarette ignition of mattresses
has been in place. This is not necessarily an accurate indication of
the risk of injury that would be present if there were no cigarette
ignition test in the mattress standard.
The essential question for the Commission in considering whether to
proceed with rulemaking to revoke the standard (or amend it by
eliminating some requirements) is what effect such revocation or
modification would have on the risk of death or injury from fire due to
cigarette ignition of mattresses. The recently proposed mattress
flammability standard with its open flame test would likely address
some of the risk of death and injury that is currently prevented by the
existing mattress standard with its cigarette ignition test. The
question is how much of the risk from cigarette ignition would remain
or recur once an open flame test standard is in effect if there were no
cigarette ignition test standard.
E. Regulatory Alternatives
The Commission is issuing this ANPR as it considers alternatives
for the current part 1632 standard. One possible result could be (after
notice of proposed rulemaking) a final rule revoking the existing
mattress standard in whole or in part (for example, leaving in place
the portion of the standard applicable to mattress pads). Another
possible result (also after notice of proposed rulemaking) could be a
final rule amending the existing mattress standard to eliminate or
modify some requirements. A third alternative would be to maintain the
standard as it is.
With the issuance of this ANPR, the Commission staff begins to
evaluate the continued need for the part 1632 standard and to assess
the possibility of modifying the standard to eliminate unnecessary and
burdensome requirements in light of the proposed open flame test
mattress standard. The Commission asks for the public's input on issues
relevant to this evaluation.
F. Invitation To Comment
In accordance with section 4(g) of the FFA, the Commission invites
comments on this notice. Specifically, the Commission invites the
following types of comments.
1. Comments concerning the risk of injury identified in this
notice, the regulatory alternatives discussed above, and other
alternatives to address the risk of injury;
2. The submission of an existing standard or portion of a standard
as a proposed rule;
3. The submission of a statement of intention to modify or develop
a voluntary standard to address the risk of injury identified in the
notice along with a description of a plan to modify or develop the
standard.
In addition, the Commission is interested in obtaining further
information about the following issues:
1. The likelihood that a mattress conforming to the open flame test
standard proposed at 70 FR 2470 would without further treatment or
modification automatically conform to the existing requirements of 16
CFR part 1632, and the technical basis for such assertion.
2. Methods that could be used to identify smolder-prone materials/
constructions.
3. Measurements of room conditions that could be produced by
smoldering ignition of materials used in mattresses conforming to the
proposed open flame test standard (e.g., a very heavy cellulosic
ticking or layer of ``untreated'' cotton batting).
4. The necessity of retaining cigarette ignition resistance
requirements for mattress pads (since there is no open flame test
standard proposed for them) and the technical basis for such assertion.
5. Any information on the material and record-keeping costs that
firms (especially small firms) incur in meeting the cigarette test
standard.
Dated: June 17, 2005.
Todd Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 05-12387 Filed 6-22-05; 8:45 am]
BILLING CODE 6355-01-P