[Federal Register Volume 67, Number 54 (Wednesday, March 20, 2002)]
[Proposed Rules]
[Pages 12916-12918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6633]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Chapter II


Regulatory Options for Addressing Upholstered Furniture 
Flammability; Public Meeting

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of public meeting and request for comments.

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SUMMARY: The Consumer Product Safety Commission (CPSC or Commission) 
will conduct a public meeting June 18-19, 2002 to discuss options for 
addressing upholstered furniture flammability. The meeting is not a 
Commission hearing. The focus of the discussions will be the supporting 
information and draft upholstered furniture flammability standard 
developed by CPSC staff included in the October 30, 2001 briefing 
package entitled ``Upholstered Furniture Flammability: Regulatory 
Options,'' the progress of outside groups in addressing the same 
problem, and recent developments in related

[[Page 12917]]

flammability issues.\1\ The Commission invites written comments and 
oral presentations from individuals, associations, firms, and 
government agencies with information or comments related to the 
briefing package. The Commission will evaluate these submissions in its 
deliberations on the flammability hazards associated with upholstered 
furniture.
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    \1\ Briefing memorandum from Dale R. Ray, Project Manager, 
Directorate for Economic Analysis, to the Commission, ``Upholstered 
Furniture Flammability: Regulatory Options,'' October 30, 2001. The 
document may be obtained from the CPSC web site at www.cpsc.gov or 
from the CPSC Office of the Secretary. The document is also 
available for inspection at the Commission's Public Reading Room, 
4330 East-West Highway, room 419, Bethesda, Maryland 20814. For 
further information call the Office of the Secretary at (301) 504-
0800.

DATES: The meeting will begin at 10:00 a.m. on June 18, 2002, and 
continue on June 19, 2002. Requests to make oral presentations, and 10 
copies of the text of the presentation, must be received by the CPSC 
Office of the Secretary no later than May 20, 2002. Persons making 
presentations at the meeting should provide an additional 50 copies for 
dissemination on the date of the meeting. Written submissions that are 
in place of, or in addition to oral presentations, must be received by 
the Office of the Secretary no later than July 18, 2002. Ten copies 
should be provided.
    Presentation texts and other written submissions should identify 
the author's affiliation with, or employment or sponsorship by, any 
entity with an interest in the upholstered furniture proceeding. Any 
data, analyses or studies should include substantiation and citations. 
The Commission reserves the right to limit the number of persons who 
make presentations and the duration of their presentations.

ADDRESSES: The meeting will be in room 420 of the East-West Towers 
Building, 4330 East-West Highway, Bethesda, MD. Written comments, 
requests to make oral presentations, and texts of oral presentations 
should be captioned ``Upholstered Furniture Flammability Proceeding'' 
and mailed to the Office of the Secretary, Consumer Product Safety 
Commission, Washington, DC 20207, or delivered to that office, room 
502, 4330 East-West Highway, Bethesda, Maryland 20814. Comments, 
requests, and texts of oral presentations may also be filed by 
facsimile to (301) 504-0127 or by e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: For information about the purpose or 
subject matter of this meeting contact Dale R. Ray, Project Manager, 
Directorate for Economic Analysis, U.S. Consumer Product Safety 
Commission, Washington, DC 20207; telephone (301) 504-0962, extension 
1323; fax (301) 504-0109; e-mail [email protected]. For information about 
the schedule for submission of written comments, requests to make oral 
presentations, and submission of texts of oral presentations, contact 
Rockelle Hammond, Office of the Secretary, Consumer Product Safety 
Commission, Washington, DC 20207; telephone (301) 504-0800, extension 
1232; fax (301) 504-0127; e-mail [email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    In 1994, the Commission initiated a regulatory proceeding to 
address the hazard of small open flame ignitions of upholstered 
furniture by publication of an advance notice of proposed rulemaking 
(ANPR). 59 FR 30735 (June 15, 1994). Small open flame sources include, 
for example, cigarette lighters, matches, and candles. The CPSC staff 
work indicates that a small open flame performance standard for 
upholstered furniture could reduce the risk of death, injury, and 
property loss.
    Following issuance of the ANPR, CPSC staff developed a draft 
performance standard and a test method to evaluate the small open flame 
performance of upholstered furniture. In October 1997, the staff 
forwarded a briefing package to the Commission concluding that a small 
open flame standard was feasible and could effectively reduce the risks 
to consumers, including risks from both small open flame and cigarette 
ignitions. Since 1997, the staff has continued to develop the small 
open flame standard.
    The standard that the staff has drafted contains performance 
requirements for small open flame ignition resistance of seating areas 
and dust covers of upholstered furniture. It also includes an optional 
seating barrier test that would allow the use of fire-retardant 
barriers, or interliners, instead of FR cover fabrics. The seating 
barrier test is intended to preserve consumer choice among many 
existing upholstery fabrics. CPSC staff believes that this would give 
manufacturers flexibility in achieving compliance, and would reduce the 
potential economic burden of the performance standard, especially for 
small businesses.
    In the 1997 briefing package, the staff recommended that the CPSC 
gather additional scientific information to ensure that flame retardant 
(FR) upholstery fabric treatments that manufacturers might use would 
not result in adverse health effects. In 1998, the Commission held a 
public hearing on FR chemical issues. Representatives of government, 
industry, fire safety organizations, and other interested parties 
testified at the May 5-6, 1998 public hearing, or submitted information 
about FR chemicals following the hearing. The staff incorporated the 
information submitted pursuant to the public hearing and all other 
available scientific data into the FR chemical risk assessment in the 
October 30, 2001 briefing package. That assessment concluded that four 
of the eight FR chemicals selected for risk assessment would clearly 
not be considered hazardous to consumers under the Federal Hazardous 
Substances Act (FHSA). The assessment also identified one chemical as 
unlikely to be hazardous, one as hazardous, and two for which 
additional data were needed.
    In the CPSC Fiscal Year 1999 appropriation bill, Congress directed 
the Commission to sponsor an independent study by the National Academy 
of Sciences (NAS) of potential health risks from FR chemicals that 
might be used to meet a flammability standard. The final NAS report was 
published in July 2000. The NAS study concluded that 8 of the 16 FR 
chemicals reviewed would present a minimal risk, even under ``worst 
case'' exposure assumptions. The NAS recommended further study for the 
remaining 8 chemicals.

B. The Public Meeting

    The purpose of the public meeting is to provide a forum for dialog 
between Commission staff and interested parties on the work performed 
to date by the staff in developing a draft small open flame ignition 
standard for upholstered furniture, the related information developed 
during that effort, the progress of efforts by outside organizations to 
address the risk, and recent developments in related flammability 
issues. The meeting is not a Commission hearing.
    Participation in the meeting is open. The CPSC staff will notify 
specific representatives of identified interest groups such as industry 
sectors (furniture, fabrics, foam, chemicals), fire safety and 
government (national, state/local, international), and consumer 
interests of the meeting. The meeting will be conducted in an open 
discussion format. Participants may be organized into panels to address 
specific topics. See the DATES section of this notice for information 
on making requests to give oral presentations at the meeting and on 
making written submissions.

[[Page 12918]]

C. Meeting Topics

    To assist interested parties in deciding on whether and how to 
participate in the public meeting, or to submit written comments on the 
staff briefing package, the Commission is providing the following list 
of topics.
     Fire data & analysis
     Standards development & laboratory testing
     The CPSC staff's draft small open flame standard
     FR chemical testing, analysis & risk assessment
     Economic analysis
     Other standards/harmonization
      --California TB-117
      --United Kingdom regulations
      --Voluntary standards activities
     Industry efforts to develop safer products & materials
     Regulatory alternatives
    As indications of interest in making presentations and otherwise 
participating in the meeting are received, the Commission will revise 
and update the list of topics.

    Dated: March 14, 2002.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 02-6633 Filed 3-19-02; 8:45 am]
BILLING CODE 6355-01-P