[Federal Register Volume 65, Number 48 (Friday, March 10, 2000)]
[Rules and Regulations]
[Pages 12935-12938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5529]


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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....................  603 deg.C................................  603 deg.C
    Rinse Water Temp...................  413 deg.C................................  Less Than 29 deg.C
    Water Level........................  Full.................................................  181 gal
    Agitator Speed.....................  705 spm..................................  1792 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 
2.70.1 kg (60.2 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.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.
* * * * *

    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