[Federal Register Volume 64, Number 51 (Wednesday, March 17, 1999)]
[Proposed Rules]
[Pages 13137-13141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6073]


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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: Proposed amendments.

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SUMMARY: The Commission proposes to amend 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 
proposing 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: Written comments concerning the proposed amendments must be 
received by the Office of the Secretary not later than June 1, 1999.

ADDRESSES: Written comments should be captioned ``Mattress Pads, 
Laundering Procedures'' and mailed to the Office of the Secretary, 
Consumer Product Safety Commission, Washington, D.C. 20207, or 
delivered to that office, room 502, 4330 East-West Highway, Bethesda, 
Maryland. Comments may also be filed by telefacsimile to (301) 504-0127 
or by email to [email protected].

FOR FURTHER INFORMATION CONTACT: Margaret Neily, Project Manager, 
Directorate for Engineering Sciences, Consumer Product Safety 
Commission, Washington, D.C. 20207; telephone (301) 504-0508, extension 
1293.

SUPPLEMENTARY INFORMATION:

A. Background

    The Flammable Fabrics Act (``FFA'') (15 U.S.C. 1191 et seq.) 
authorizes issuance and amendment of 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.
    The standard prescribes a test for mattresses and mattress pads 
which requires placement of lighted cigarettes at specified locations 
on the surface of the mattress or mattress pad. An individual mattress 
or mattress pad prototype passes the test in the standard if no 
cigarette test location produces a

[[Page 13138]]

char length more than two inches in any direction.
    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)).
    On June 8, 1973, the Commission amended the standard by adding 
requirements for premarket testing of mattresses and mattress pads by 
manufacturers. As amended in 1973, the standard required manufacturers 
to perform prototype testing on each combination of materials and 
construction methods used in the production of mattresses or mattress 
pads. After successful completion of prototype testing, the standard 
required manufacturers to obtain samples at specified intervals during 
production and test those samples for compliance with the standard. See 
38 FR 15095 (June 8, 1973).
    In 1984, the Commission amended the standard to eliminate the 
requirements for production sampling and testing. The amended standard 
requires that manufacturers perform prototype testing with acceptable 
results before introducing products subject to the standard into 
commerce, but does not require manufacturers to perform production 
sampling and testing. See 49 FR 39780 (October 10, 1984).

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 and the 
Commission therefore proposes to change them.

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). The standard addresses the possibility 
that a fire-retardant chemical used in the production of mattress pads 
might be progressively reduced or degraded by washing and drying. 
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 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  3 deg.C..............  60  3 deg.C.
    Rinse Water Temp............  41  3 deg.C..............  Less Than 29 deg.C.
    Water Level.................  Full.................................  18  1 gal.
    Agitator Speed..............  70  5 spm................  179  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.

[[Page 13139]]

 
    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

    In addition to reviewing AATCC Test Method 124-1996, 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. Standards and test 
methods from AATCC, ASTM, the International Standards Organization, the 
United Kingdom, Australia, Canada, China and the Soap and Detergent 
Association were identified. All of these methods could be used for 
sleepwear fabrics and mattress pads.
    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 after washing and drying 10 
times in accordance with AATCC Test Method 124-82 and after washing and 
drying 10 times using 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 mattress pads 
located by the staff are made of fabric and filling materials that do 
not need to be treated to pass the flammability test of the mattress 
standard. However, since there is a demand for natural fibers such as 
cotton (which may need to be FR treated to pass the flammability 
standard) in other products, the Commission believes it is appropriate 
to propose revising the laundering method so that it is consistent with 
actual consumer and industry laundering practices should cotton 
mattress pads return to the market in the future.

5. Proposed Amendment

    The Commission proposes to revise the laundering procedures 
specified in 16 CFR 1632.5(b) to those of AATCC Test Method 124-1996.
    The mattress flammability standard was issued and amended 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, 
the standard is based on findings that it is 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 standard is needed to make the specified 
laundering procedures represent those currently used by consumers. The 
proposed amendments are also needed to assure that the standard will 
continue to be ``technologically practicable'' for both the 
Commission's laboratory and those manufacturers of mattress pads 
required to use the laundering procedures before prototype testing.
    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 
technical advances and the passage of time have rendered the existing 
test method obsolete. 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. Because 
the existing regulations allow the Commission to achieve without any 
amendment the substance of what it now proposes to achieve by 
amendment, and because the proposed amendments preserve the regulatory 
status quo, save for the reflection of modern equipment and detergent, 
the Commission has determined that it is not legally required to 
commence this proceeding with an ANPR, nor is it necessary for the 
Commission to make the findings that FFA sections 1193(g) and (h) would 
otherwise require.
    The amendments proposed below would 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 
proposed amendments would 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 sections 1632.2(b)(4) and 1632.31(f). Those sections are not 
affected by the amendments proposed below.
    Additionally, existing section 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 section 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 section 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 
proposed below.

6. 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. Section 4(b) also requires that 
an amendment of a flammability standard shall exempt products ``in 
inventory or with the trade'' on the date the amendment becomes 
effective, unless the Commission limits or withdraws that exemption 
because those products are so highly flammable that they are dangerous 
for use by consumers.
    One reason for proposing these amendments of the mattress 
flammability standard is that the

[[Page 13140]]

standard detergent specified by the existing laundering method in the 
standard is no longer available. The Commission has reason to believe 
that an effective date 30 days after publication of final amendments 
will be in the public interest. The Commission does not propose to 
withdraw or limit the exemption for products in inventory or with the 
trade as provided by section 4(b) of the FFA.
    The Commission believes that an effective date of thirty days would 
give adequate notice to all interested persons of the change in 
laundering procedure, and at the same time would assure 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.
    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 certifies that the amendments 
to the mattress flammability standard proposed below will not have a 
significant economic impact on a substantial number of small entities, 
including small businesses, if issued on a final basis. The 
requirements for washing and drying mattress pads manufactured with a 
fire retardant chemical were included in the standards to assure that 
any flame retardant treatment used in mattress pads would not be 
removed or degraded by repeated laundering.
    At this time, all mattress pads subject to the standard are made 
without flame retardant treatments. Accordingly, most manufacturers of 
mattress pads are not required to launder mattress pads before testing, 
and the Commission does not expect that the proposed amendments will 
have a significant effect on any businesses, large or small.

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 construction or packaging of 
mattress pads. 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. Accordingly, neither an 
environmental assessment nor an environmental impact statement is 
required.

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 proposed below, if issued on a final 
basis, would 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, if issued on a final basis, the amendments 
proposed below 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.
    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.

List of Subjects in 16 CFR Part 1632

    Consumer protection, Flammable materials, 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 
proposes to amend 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. 1615.5  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.  3 deg.C, 140 deg. 
 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. 
 5 deg.C, 150 deg.  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. These materials are incorporated as they exist in the 
edition which has been approved by the Director of the Federal Register 
and which has been filed with the Office of the Federal Register.
* * * * *
    Dated: March 8, 1999.
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 
Launderings,'' AATCC Test Method 124-1969. AATCC Technical Manual, 
Vol. 46, 1970.

[[Page 13141]]

    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,'' --------, 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.

[FR Doc. 99-6073 Filed 3-16-99; 8:45 am]
BILLING CODE 6355-01-P