[Federal Register: November 13, 2006 (Volume 71, Number 218)]
[Proposed Rules]
[Page 66145-66147]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13no06-16]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Parts 1630 and 1631
Technical Amendment to the Flammability Standards for Carpets and
Rugs
AGENCY: Consumer Product Safety Commission.
ACTION: Proposed amendments.
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SUMMARY: The Commission proposes to amend the flammability standards
for carpets and rugs to remove the reference to Eli Lilly Company
Product No. 1588 in Catalog No. 79, December 1, 1969, as the standard
ignition source and provide a technical specification defining the
ignition source.\1\ The proposed specification for the standard
ignition source is a timed burning tablet, consisting of essentially
pure methenamine, with a nominal heat of combustion value of 7180
calories/gram, a mass of 150 mg +/-5 mg, flat, and a nominal diameter
of 6 mm. An immediate effective date is also recommended.
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\1\ Commissioner Thomas H. Moore filed a statement which is
available from the Office of the Secretary or on the Commission's
Web site at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.cpsc.gov.
DATES: Written comments concerning the proposed amendments must be
received by the Office of the Secretary not later than January, 29,
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2007.
ADDRESSES: Comments may be filed by e-mail to cpsc-os@cpsc.gov, and
should be captioned ``CARPET AND RUG TECHNICAL AMENDMENT.'' Comments
may also be mailed, preferably in five copies, to the Office of the
Secretary, Consumer Product Safety Commission, Room 502, 4330 East-West
Highway, Bethesda, Maryland 20814, or delivered to the same address
(telephone (301) 504-0800). Comments may also be filed by facsimile to
(301) 504-0127.
FOR FURTHER INFORMATION CONTACT: Patricia K. Adair, Project Manager,
Directorate for Engineering Sciences, Consumer Product Safety
Commission, 4330 East-West Highway, Bethesda, Maryland 20814; telephone
(301) 504-7536 or e-mail: padair@cpsc.gov.
SUPPLEMENTARY INFORMATION:
A. Background
The standards for surface flammability of carpets and rugs appear
at 16 CFR Parts 1630 and 1631. They were codified and published in
1975, 40 FR 59931 and 59935 (December 30, 1975). The standards were
originally issued in 1970 by the Department of Commerce under the
authority of the Flammable Fabrics Act (FFA). Subpart A of 16 CFR Parts
1630 and 1631 sets forth the standards. Subpart B contains the
implementing regulations of the standards. Subpart C contains
alternative washing procedures for hide carpets and rugs and wool
flokati carpets and rugs. Subpart D of 16 CFR 1630 contains the staff
interpretations and policies.
16 CFR Parts 1630 and 1631 establish minimum acceptance criteria
for the surface flammability of carpets and rugs when exposed to a
standard small source of ignition, a burning methenamine tablet, under
prescribed conditions (the ``pill test''). These standards reduce the
risks of death, personal injury, and property damage associated with
fires that result from the surface ignition of carpets and rugs.
Both standards require a timed burning tablet as the standard
ignition source for flammability performance testing. The standards
define the ignition source at 16 CFR Part 1630.1(f) and 1631.1(f) as a
methenamine tablet, weighing approximately 0.149 grams (2.30 grains),
sold as Product No. 1588 in Catalog No. 79, December 1, 1969 by the Eli
Lilly Company, or an equal tablet.
In April 2002, Commission staff learned that the Eli Lilly Company
was no longer producing the methenamine tablets specified in the carpet
and rug standards. Although the standards allow for the use of ``an
equal'' methenamine tablet and give parameters for chemical composition
and weight of the tablet, they do not provide any guidance on
determining whether tablets from alternative sources are ``equal'' to
those manufactured by the Eli Lilly Company. In July 2003, CPSC staff
met with representatives of the Carpet and Rug Institute (CRI) to
discuss evaluation of alternative methenamine tablets for use in 16 CFR
Part 1630 and Part 1631. CRI members were experiencing differing test
results using the old Eli Lilly tablets and currently available
tablets. CRI members had begun to study the various characteristics of
the current tablets. In one case, about 50% of one manufacturer's
tablets were found broken in the bottle, with others breaking later.
This problem was attributed to the tablets having a domed top. The
problem has since been corrected with a flat tablet.
CRI urged the Commission to specify clearly the characteristics of
the ``equal'' tablets that should be used for determining compliance
with the carpet and rug standards. In an effort to make such a
determination, the Commission staff conducted a comparison study to
evaluate the weight, chemical composition, and combustion
characteristics of presently available brands of methenamine tablets
relative to each other and those produced by the Eli Lilly Company. The
outcome of the study indicated that tablets consisting of essentially
pure methenamine, having a heat of combustion value of approximately
7180 calories/gram and weighing approximately 0.149 grams may be
considered equivalent to the tablets produced by the Eli Lilly Company
and referenced in the regulation.
On July 29, 2004, the Commission's Office of Compliance issued a
letter to industry in response to inquiries received by the CPSC staff
regarding the equivalency of methenamine tablets formerly manufactured
by the Eli Lilly Company and similar tablets currently produced by
other manufacturers. The letter stated that the Commission staff
determined that tablets consisting of essentially pure methenamine and
weighing approximately 0.149 grams may be considered equivalent to the
tablets formerly produced by the Eli Lilly Company. Therefore, tablets
meeting these criteria may be used for
[[Page 66146]]
purposes of determining conformance with the carpet and rug standards.
B. Amending the Flammability Standards
1. Outcome of Commission Testing
As mentioned above, the Eli Lilly Company is no longer producing
the methenamine tablets specified in the carpet and rug standards. The
standards allow for the use of ``an equal'' methenamine tablet and give
parameters for chemical composition and weight of the tablet, but they
do not provide any guidance on determining whether tablets from the
alternative sources are ``equal'' to those manufactured by the Eli
Lilly Company. The Commission staff conducted a comparison study to
evaluate the weight, chemical composition, and combustion
characteristics of presently available brands of methenamine tablets
relative to each other and those produced by the Eli Lilly Company. The
outcome of the Commission's comparative study indicated that tablets
consisting of essentially pure methenamine, having a heat of combustion
value of approximately 7180 calories/gram and weighing approximately
0.149 grams may be considered equivalent to the tablets formerly
produced by the Eli Lilly Company and referenced in the regulation.
2. Review of Other Existing Standards
The Commission staff is aware of one U.S. voluntary standard
regarding the type of ignition source to be used in testing the
flammability of carpets and rugs. This standard, ASTM D2859-04,
``Standard Test Method for Ignition Characteristics of Finished Textile
Floor Covering Materials,'' describes the use of the Eli Lilly tablet
as satisfactory. It also states that ``normal variation in the weight
of the different tablets will not affect the test results.''
There is an existing international voluntary standard developed by
the International Organization for Standardization in 1982 (ISO 6925),
that describes a tablet test for the flammability of textile floor
coverings. The prescribed tablets are of ``hexamethylenetetramine,
flat, having a mass of 150mg (plus or minus 5mg) and a diameter of
6mm.'' The allowable variance is about 3.3%. The mass expressed in ISO
6925 is essentially equivalent to that specified in the U.S. Standards
under the FFA. While the ISO standard did not identify the Eli Lilly
tablet, it noted that the tablets were commercially available. Thus,
the ISO-specified tablet is equivalent to the Eli Lilly tablet in its
specifications.
Canada's 1973 mandatory standard for carpets and textile floor
coverings under the Hazardous Products Act, CGSB 4-GP-2, also specifies
in its appendix the Eli Lilly tablet as the ignition source. It notes
that ``normal variation in weight * * * will not affect the test
results.''
3. Proposed Amendments
The carpet and rug flammability standards were issued under section
4 of the FFA (15 U.S.C.1193), which authorizes the issuance or
amendment of flammability standards to protect the public against
unreasonable risks of fire leading to death, personal injury, or
significant property damage. As required by section 4(b) of the FFA,
both standards are based on findings that they are needed to adequately
protect the public against the unreasonable risk of the occurrence of
fire leading to death, personal injury, or significant property damage.
That section further requires findings that a flammability standard
issued under the FFA is ``reasonable, technologically practicable, and
appropriate.''
The proposed change to the standards is needed to remove reference
to a product that is no longer being produced and to reflect the
parameters defining the timed burning tablet as the standard ignition
source.
Section 4(g) of the FFA (15 U.S.C. 1193(g)) states that a
proceeding ``for the promulgation of a regulation under this section''
shall be initiated by publication of an advance notice of proposed
rulemaking (``ANPR''), and sets forth requirements for the contents of
the ANPR. However, these proposed amendments are necessary because the
current standards refer to a product, the Eli Lilly tablet, that is no
longer being produced or sold. The current standards do allow for the
use of a tablet ``equal'' to the Eli Lilly tablet and give parameters
for chemical composition and weight of the tablet. The Commission is
simply proposing to substitute equivalent technical specifications for
a specific product identification. Because the proposed amendments
preserve the original intent and effect of the existing test method and
the regulatory status quo, the Commission has determined that it is not
required to commence this proceeding with an ANPR, nor is it necessary
for the Commission to make the findings that sections 1193(g) and (h)
of the FFA would otherwise require for promulgation of a new mandatory
standard.
4. Effective Date
Section 4(b) of the FFA (15 U.S.C. 1193(b)) provides that an
amendment of a flammability standard shall become effective one year
from the date it is promulgated, unless the Commission finds for good
cause that an earlier or later effective date is in the public
interest, and publishes that finding. Because manufacturers are already
using ``equal'' methenamine tablets as allowed by the current
standards, the Commission believes an immediate effective date upon
publication of the amendments is appropriate. The Commission invites
comments on the proposed effective date and factual information
relating to that issue.
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 hereby preliminarily certifies that
these amendments to the carpet and rug flammability standards proposed
below will not have a significant economic impact on a substantial
number of small entities, including small businesses, if issued as
proposed.
The proposed amendments keep current industry practices and
procedures in place, and no additional actions would be required of
small entities. Based on available information, there would be little
or no effect on small producers of carpets and rugs, since the
standards already require that all carpets and rugs meet the criteria
of the tests, and, given the equivalence of the test tablets, the
results of the tests should be the same. Consequently, the Commission
estimates that the amendments proposed below will have no economic
consequences to any manufacturers, large or small, of carpets and rugs.
2. Environmental Considerations
The amendments proposed below 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 amendments are not
expected to have a significant effect on production processes or on the
types or amounts of materials used for the manufacture of carpets and
rugs. The amendments will not render existing inventories unsalable, or
require destruction of existing goods. The Commission has no
information indicating any special circumstances in which these
amendments may affect the human environment. For that reason, neither
an environmental assessment nor an environmental impact statement is
required.
[[Page 66147]]
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 any new
regulation. The amendments proposed below, if issued on a final basis,
would modify two flammability standards 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
as 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 flammability standard or
regulation ``is identical'' to the FFA standard. See section 16 of the
FFA (15 U.S.C. 1203). Consequently, if issued as proposed, the
amendments proposed below would preempt nonidentical State or local
flammability standards or regulations that are intended to address the
unreasonable risk of the occurrence of fire associated with ignition of
carpets and rugs.
In accordance with Executive Order 12612 (October 26, 1987), the
Commission certifies that the proposed amendments do not have
sufficient implications for federalism to warrant a Federalism
Assessment.
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
proposes to amend title 16 of the Code of Federal Regulations, Chapter
II, Subchapter D, Parts 1630 and 1631 to read as follows below.
List of Subjects in 16 CFR Parts 1630 and 1631
Carpets, Consumer protection, Flammable materials, Floor coverings,
Labeling, Records, Rugs, Textiles, Warranties.
PART 1630--STANDARD FOR THE SURFACE FLAMMABILITY OF CARPETS AND
RUGS
1. The authority for subpart A of part 1630 continues to read as
follows:
Authority: Sec. 4, 67 Stat. 112, as amended, 81 Stat. 569-570;
15 U.S.C. 1193.
2. Section 1630.1(f) is revised to read as follows:
Sec. 1630.1 Definitions.
* * * * *
(f) Timed Burning Tablet (pill) means a methenamine tablet, flat,
with a nominal heat of combustion value of 7180 calories/gram, a mass
of 150 mg 5 mg and a nominal diameter of 6 mm.
* * * * *
3. Section 1630.4(a)(3) is amended by revising the first sentence
to read as follows:
Sec. 1630.4 Test Procedure.
(a) * * *
(3) Standard igniting source. A methenamine tablet, flat, with a
nominal heat of combustion value of 7180 calories/gram, a mass of 150
mg 5 mg and a nominal diameter of 6mm. * * *
* * * * *
PART 1631--STANDARD FOR THE SURFACE FLAMMABILITY OF SMALL CARPETS
AND RUGS
1. The authority for subpart A of part 1631 continues to read as
follows:
Authority: Sec. 4, 67 Stat. 112, as amended, 81 Stat. 569-570;
15 U.S.C. 1193.
2. Section 1631.1(f) is revised to read as follows:
Sec. 1631.1 Definitions.
* * * * *
(f) Timed Burning Tablet (pill) means a methenamine tablet, flat,
with a nominal heat of combustion value of 7180 calories/gram, a mass
of 150 mg 5 mg and a nominal diameter of 6 mm.
* * * * *
3. Section 1631.4(a)(3) is amended by revising the first sentence
to read as follows:
Sec. 1631.4 Test Procedure.
(a) * * *
(3) Standard igniting source. A methenamine tablet, flat, with a
nominal heat of combustion value of 7180 calories/gram, a mass of 150
mg 5 mg and a nominal diameter of 6mm. * * *
* * * * *
Dated: November 7, 2006.
Alberta E. Mills,
Acting Secretary, Consumer Product Safety Commission.
List of Relevant Documents
1. Briefing Memorandum from Patricia K. Adair, Project Manager,
Directorate for Engineering Sciences, to the Commission, ``Technical
Amendment to the Flammability Standards for Carpets and Rugs; 16 CFR
Part 1630 and 16 CFR Part 1631.
2. Memorandum from Linda Fansler, Division of Electrical and
Flammability Engineering, ``Evaluation of Methenamine Tablets,''
July 25, 2005.
3. Memorandum from Linda Fansler, Division of Electrical and
Flammability Engineering, ``Methenamine Tablet Thickness,''
September 12, 2005.
4. Memorandum from Shing Bong Chen, Ph.D. and Bhawanji K. Jain,
Directorate for Laboratory Sciences, Division of Chemistry,
``Chemical Composition of the Methenamine Tablets,'' April 13, 2003.
5. Memorandum from Terrance R. Karels, Directorate for Economic
Analysis, ``Preliminary Regulatory Analysis: Amendment to Flammable
Fabrics Act; Standards for Carpets and Rugs,'' September 23, 2005.
6. Letter from Alan H. Schoem, Office of Compliance,
``Equivalency of Methenamine Tablets, Standard for Flammability of
Carpets and Rugs, 16 CFR Parts 1630 and 1631,'' July 29, 2004.
[FR Doc. E6-19095 Filed 11-9-06; 8:45 am]
BILLING CODE 6355-01-P