[Federal Register Volume 68, Number 205 (Thursday, October 23, 2003)]
[Proposed Rules]
[Pages 60629-60632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26809]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Chapter II, Subchapter D


Ignition of Upholstered Furniture by Small Open Flames and/or 
Smoldering Cigarettes; Advance Notice of Proposed Rulemaking; Request 
for Comments and Information

AGENCY: Consumer Product Safety Commission.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: The Consumer Product Safety Commission (CPSC or Commission) 
has found, based on available information, that a new flammability 
standard or other regulation may be needed for upholstered furniture 
products and for fabrics and related materials used in, or intended for 
use in, upholstered furniture, to protect the public against 
unreasonable risk of fire leading to death, personal injury, or 
significant property damage. The risk of fire addressed in today's 
advance notice of proposed rulemaking (ANPR) is from ignition of 
upholstered furniture by small open flames and/or smoldering 
cigarettes. This proceeding is being conducted under authority of the 
Flammable Fabrics Act (FFA).
    In 1994, the Commission commenced a regulatory proceeding under the 
FFA addressing the risk of fire from ignition of upholstered furniture 
by small open flame sources such as matches, cigarette lighters, and 
candles. 59 FR 30735 (1994). This ANPR reflects the Commission's 
decision to expand that proceeding to explicitly address cigarette 
ignitions as well.\1\
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    \1\ The Commissioners voted 3-0 to issue this ANPR. Statements 
of Commissioners Moore and Gall concerning the vote are available on 
the CPSC Web site at http://www.cpsc.gov.
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    The Commission solicits written comments from interested persons 
concerning the risk of injury and death associated with ignition of 
upholstered furniture by smoldering cigarettes and/or small open 
flames, data on cigarette or small open flame ignition testing of 
upholstered furniture, the regulatory alternatives discussed in this 
notice, other possible means to address this risk, and the economic 
impacts of the various alternatives. The Commission also invites 
interested persons to submit an existing standard, or a statement of 
intent to modify or develop a voluntary standard, to address the risk 
of death or injury due to ignition of upholstered furniture by small 
open flames and/or smoldering cigarettes.

DATES: Written comments and submissions in response to this notice must 
be received by December 22, 2003.

ADDRESSES: Comments and other submissions 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 and other submissions 
may also be filed by facsimile to (301) 504-0127 or by e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: Dale R. Ray, Project Manager, 
Directorate for Economic Analysis, U.S. Consumer Product Safety 
Commission, Washington, DC 20207; telephone (301) 504-7704; fax (301) 
504-0109; e-mail [email protected].

SUPPLEMENTARY INFORMATION:

A. The Product

    Products within the scope of this ANPR include: (1) upholstered 
furniture used in homes, offices, and other places of assembly and 
public accommodation that consist in whole or in part of resilient 
materials (such as polyurethane foam, cotton batting, or related 
materials) enclosed within a covering consisting of fabric or related 
materials, and (2) fabric or related materials used or intended for use 
in the production of upholstered furniture. This scope is the same as 
that of the Commission proceeding commenced in 1994 under the FFA 
concerning small open flame ignition of upholstered furniture. 59 FR 
30735 (1994).

B. The Upholstered Furniture Market

    The Commission staff estimates that there were over 1,500 U.S. 
manufacturers of upholstered furniture, accounting for an estimated 
$8.4 billion in shipments in 1997, the most recent year for which 
Census of Manufacturers data are available.\2\ In that year, imports

[[Page 60630]]

accounted for about $550 million, for total shipments of about $8.9 
billion. Shipments are concentrated among the major producers. The 50 
largest firms reportedly accounted for approximately 70% of the total 
value of all upholstered furniture shipments in 1997. Most of the 
remaining manufacturers were small firms, none of which accounted for a 
significant portion of sales.
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    \2\ The technical and economic information summarized in this 
ANPR is set forth in considerably more detail in the various CPSC 
staff briefing materials prepared on the subject of upholstered 
furniture flammability, including Upholstered Furniture 
Flammability: Analysis of Comments from the CPSC Staff's June 2002 
Public Meeting, February 2003; Upholstered Furniture Flammability: 
Regulatory Options, October 2001; Upholstered Furniture 
Flammability: Regulatory Options for Small Open Flame & Smoking 
Material Ignited Fires, October 1997; and Briefing Package on 
Petition FP 93-1, Upholstered Furniture Flammability, April 1994. 
These and other documents pertinent to this proceeding may be 
obtained from the CPSC Web site at http://www.cpsc.gov or from the 
CPSC Office of the Secretary. The documents are also available for 
inspection at the Commission's Public Reading Room, 4330 East-West 
Highway, room 419, Bethesda, Maryland 20814. For further information 
please contact the Office of the Secretary to the Commission at 
(301) 504-0800.
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    The average life of most upholstered furniture is about 15-17 
years. The CPSC staff estimates that over 400 million pieces of 
upholstered furniture are in use in the U.S.
    There are between 100 and 200 manufacturers of fabric for household 
upholstered furniture. This number includes textile mills that produce 
finished upholstery fabric, and textile finishers that purchase 
unfinished goods and perform additional operations, such as printing 
and dyeing. The top 16 firms account for about 80 percent of the 
upholstery fabric market.
    U.S. upholstery fabric production in 1997 was 665.5 million square 
yards, about 345-360 million square yards of which went into production 
of residential upholstered furniture. Approximately two percent of 
total consumption of upholstery fabric for residential furniture 
production was imported. About 53 percent of upholstered furniture 
cover materials were predominantly synthetic, mostly thermoplastic 
fabrics such as polyester, polyolefin and nylon. About 27 percent were 
predominantly cellulosic fabrics like cotton and rayon. About 20 
percent were leather.

C. Additional Background Information

1. Cigarette Ignitions

    Cigarette ignitions of upholstered furniture have long been a 
leading cause of residential fire deaths, injuries and property damage. 
The Commission has extensively investigated this risk since the 1970s, 
when the CPSC staff prepared a draft proposed cigarette ignition 
standard. In 1977, a furniture industry group, the Upholstered 
Furniture Action Council (UFAC), established a voluntary industry 
program as an alternative to CPSC rulemaking. The UFAC voluntary 
guidelines were amended in 1983, and are widely followed among 
manufacturers today.
    Based on a 1996 CPSC survey, more than 85 percent of currently 
manufactured upholstered furniture (including products from non-UFAC 
member firms) met the UFAC guidelines. Further, based on sales-weighted 
estimates of CPSC laboratory test results, more than 80 percent of 
currently produced furniture was estimated to resist cigarette 
ignition. This estimate, which reflects a gradual increase in the use 
of inherently cigarette-resistant upholstery fabrics and filling 
materials, represents about a 70 percent improvement in cigarette 
ignition resistance since 1980.
    Upholstered furniture products meeting the existing State of 
California regulation, Technical Bulletin (TB) 117, offer a level of 
cigarette ignition resistance comparable to that of products conforming 
to the UFAC guidelines. In 1998, the California Bureau of Home 
Furnishings and Thermal Insulation initiated a project to upgrade the 
small open flame resistance provisions of TB-117. The cigarette 
resistance provisions of TB-117 are not being revised.
    Both the American Furniture Manufacturers Association (AFMA) and a 
group of six upholstery fabric manufacturers known as the Fabric 
Coalition have expressed support for a mandatory national standard 
addressing cigarette and small open flame ignitions of upholstered 
furniture.\3\
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    \3\ Copies of the AFMA and Fabric Coalition correspondence to 
this effect may be obtained from the CPSC Web site at http://www.cpsc.gov or from the CPSC Office of the Secretary.
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2. Small Open Flame Ignitions

    Beginning in 1994, CPSC staff developed a draft small open flame 
standard for residential upholstered furniture that would prevent or 
limit fire growth following exposure to a small open flame such as that 
from a match or cigarette lighter. The staff's draft standard contains 
flammability performance tests for seating areas and dust covers, as 
well as requirements for production testing and recordkeeping. The most 
recent draft appears in the CPSC staff's October 2001 briefing 
package.\4\ The staff's draft standard contains no performance tests 
for cigarette ignition resistance.
    Manufacturers have identified flame retardant (FR) upholstery 
fabrics as a likely means of limiting fire growth to meet the draft 
small open flame standard. FR fabrics are not needed to meet the 
existing California TB-117 regulation or the UFAC voluntary guidelines. 
CPSC laboratory testing suggested, however, that FR upholstery fabrics 
would reduce the risk of upholstered furniture fires ignited by 
smoldering cigarettes as well as by small open flame sources. CPSC 
staff estimates that about 80 percent of the projected benefits of a 
possible small open flame standard would accrue from reductions in 
cigarette fire losses.
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    \4\ Upholstered Furniture Flammability: Regulatory Options, 
October 2001. See fn. 1 supra regarding viewing and obtaining copies 
of this and other related documents.
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D. Statutory Authority

    This proceeding is conducted under authority of the Flammable 
Fabrics Act. 15 U.S.C. 1191-1204. An item of upholstered furniture is 
an ``interior furnishing'' ``product'' as those terms are defined in 
sections 2(e) and (h) of the FFA. 15 U.S.C. 1191(e) and (h). The 
Commission has authority under section 4(a) of the FFA to institute a 
proceeding to issue a flammability standard or other regulation, 
including labeling, for an interior furnishing product if it determines 
that such a standard ``may be needed to adequately 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).
    A proceeding to promulgate a regulation establishing a flammability 
standard begins by publication of an ANPR. FFA section 4(g), 15 U.S.C. 
1193(g). If the Commission elects to continue the rulemaking proceeding 
after considering responses to the ANPR, the Commission must publish a 
preliminary regulatory analysis along with the text of the proposed 
rule. FFA section 4(i), 15 U.S.C. 1193(i).
    If the Commission then moves forward to issue a regulation, in 
addition to the text of the final rule, it must publish a final 
regulatory analysis that includes: (1) A description of the potential 
benefits and costs of the rule; (2) a summary of any alternatives that 
were considered, their costs and benefits, and the reasons for their 
rejection; and (3) a summary and assessment of any significant issues 
raised on the preliminary regulatory analysis that accompanied the 
proposed rule. FFA section 4(j)(1), 15 U.S.C. 1193(j)(1). In addition, 
the Commission must make findings concerning the inadequacy of any 
pertinent voluntary standard, that the benefits of the rule bear a 
reasonable relationship to its costs, and that the rule is the least 
burdensome requirement that prevents or adequately reduces the risk of 
injury. FFA section 4(j)(2), 15 U.S.C. 1193(j)(2).

E. The Risk of Injury and Death

    Fires involving ignitions of upholstered furniture constitute a 
leading cause of residential fire losses. Furniture fires killed more 
people in 1998 (the latest year for which data are

[[Page 60631]]

available) than did fires involving any other category of consumer 
products under the Commission's jurisdiction. About four-fifths of the 
estimated deaths and about two-thirds of the estimated injuries that 
CPSC staff believes could be addressed by a mandatory standard were 
from smoldering ignition by smoking materials (almost always 
cigarettes), as shown below. In addition, about four-fifths of the 
estimated societal costs ($1.9 billion out of $2.4 billion) of 
upholstered furniture fires were cigarette ignition-related.

                        Estimated 1998 Addressable Upholstered Furniture Fire Losses \5\
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                                                                                                   Property Loss
                                                                      Fires    Deaths   Injuries      ($mil)
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Smoking Materials..................................................    4,700      340        730              87
Small Open Flame...................................................    1,500       80        350              32
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    Total..........................................................    6,200      420      1,080             120
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    Although cigarette-ignited furniture fire deaths have declined by 
about 70 percent over the past two decades, recent years' data suggest 
the decline may be leveling off. Even at the 1998 level, the number of 
deaths is large, and the potential economic benefits of reducing the 
$1.9 billion in societal costs are substantial.
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    \5\ Addressable losses from NFIRS cases identified as 
upholstered furniture, with appropriate coding for type of material 
ignited, area of origin, ignition factor, and equipment involved. 
Out-of-scope or inconsistently coded cases, including incendiary and 
suspicious fires, are excluded. Source: Upholstered Furniture 
Flammability: Regulatory Options, CPSC October 2001.
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F. Existing Standards

1. UFAC Program

    The UFAC voluntary program contains six cigarette ignition 
performance tests for different upholstered furniture components (cover 
and interior fabrics, ``barriers'' i.e., batting, decking and filling/
padding materials, decorative trim and welt cord) as well as 
certification and product labeling provisions. The UFAC guidelines 
encourage the use of the inherently smolder-resistant materials that 
have become popular on the market.
    The UFAC fabric classification test (now embodied in ASTM voluntary 
test method E-1390) denotes upholstery cover fabrics as either Class I 
or Class II. Class I fabrics are less ignition-prone. Class II fabrics 
are more ignition-prone. To conform to the UFAC guidelines, Class II 
fabrics may only be used in constructions with smolder-resistant 
batting (or other materials that conform to the UFAC ``barrier'' test) 
between the fabric and interior materials of the furniture. However, 
CPSC laboratory testing of full scale chairs demonstrated that UFAC-
conforming products made with smolder-prone fabrics can ignite and burn 
even when polyester batting or other ignition-resistant fillings are 
present. Thus, CPSC staff believes that UFAC component conformance does 
not guarantee cigarette resistance of the finished article.

2. California Technical Bulletins

    California Technical Bulletin 117, which is mandatory for all 
upholstered furniture sold in the state, contains component performance 
tests for cigarette ignition resistance of fibrous/loose fill and 
cellular foam filling materials. Upholstered furniture sold in 
California must also be labeled as complying with the TB-117 
performance requirements.
    Like the UFAC voluntary program, TB-117 is comprised of component 
tests. Another California standard, TB-116, is available to 
manufacturers on a voluntary basis. TB-116 incorporates a full-scale 
(or small-scale composite) cigarette test. Manufacturers whose products 
meet this standard may use labels stating that the products provide a 
higher level of fire protection.
    TB-116 and 117 are not national standards. However, some 
manufacturers, importers and retailers offer TB-117-compliant products 
for nationwide distribution.

3. Fire Safe Cigarette Legislation

    Regulations implementing New York State legislation requiring 
``fire-safe,'' i.e., lower ignition propensity (IP), cigarettes may 
become effective in 2003.\6\ Lower IP cigarettes would presumably 
reduce fire losses, including those involving upholstered furniture. 
Several federal fire-safe cigarette bills were introduced 
unsuccessfully in the 107th Congress.\7\ The extent to which lower-IP 
cigarettes may reduce the risk of ignition of upholstered furniture and 
other home furnishings is currently unknown.
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    \6\ Fire Safety Standards for Cigarettes, N.Y. Executive Law, 
Chapter 18, Article 6-C, Sec.  156-c (McKinney 2003).
    \7\ See, e.g., Fire Safe Cigarette Act of 2002, HR 5059 IH, 
107th Congress, 2d Session, introduced June 27, 2002.
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G. Finding

    Based on information currently available to it from investigations, 
research, and other sources, the Commission finds that a new 
flammability standard, or other regulation, may be needed for 
upholstered furniture products made from fabrics and related materials, 
and for fabrics and related materials used in, or intended for use in 
upholstered furniture, to protect the public against the unreasonable 
risk of the occurrence of fire leading to death, personal injury or 
significant property damage. FFA section 4(a), 15 U.S.C. 1193(a). The 
risk of the occurrence of fire addressed in this ANPR is that from 
ignition of upholstered furniture by small open flames and/or 
smoldering cigarettes. Commencing this proceeding expands the 
Commission's prior FFA proceeding addressing small open flame ignition 
sources such as matches, cigarette lighters, and candles to also 
include ignition by smoldering cigarettes.

H. Regulatory Alternatives Under Consideration

1. Flammability Standard

    If the Commission finds that one is needed to adequately protect 
the public against an unreasonable risk of the occurrence of fire 
leading to death, injury, or significant property damage, it may 
promulgate a flammability standard for upholstered furniture. Any such 
standard must be stated in objective terms and be reasonable, 
technologically practicable, and appropriate. FFA section 4(b), 15 
U.S.C. 1193(b). It also must be limited to those fabrics, related 
materials, or products that have been determined to present the 
unreasonable risk of fire at issue in the proceeding. Id.

2. Labeling Regulation

    Either separately or as part of a flammability standard, the 
Commission may consider issuing a labeling regulation as part of this 
proceeding. FFA section 4(a), 15 U.S.C. 1193(a).

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3. Voluntary Standard

    If the Commission determines that any voluntary or other standard 
or portion thereof submitted in response to this ANPR would eliminate 
or adequately reduce the risk of injury in question it may issue that 
standard, or a portion of it, as a proposed regulation. FFA section 
4(h)(1); 15 U.S.C. 1193(h). In general, the Commission may not 
promulgate a regulation if there is an existing voluntary standard 
addressing the same risk that would likely result in the elimination or 
adequate reduction of that risk and with which there would likely be 
substantial compliance. FFA sections 4(h)(2) and (j)(2); 15 U.S.C. 
sections 1193(h)(2) and (j)(2).

I. Solicitation of Information and Comments

    This ANPR is the first step in a proceeding which could result in a 
mandatory flammability standard and/or labeling regulation, or a 
voluntary standard for upholstered furniture that presents an 
unreasonable risk of the occurrence of fire due to cigarette or small 
open flame ignition leading to death or personal injury or significant 
property damage. The Commission invites interested persons to submit 
their comments on any aspect of the alternatives discussed above. 
Specifically, in accordance with section 4(g) of the FFA, the 
Commission solicits:
    1. Written comments with respect to: (a) The risk identified by the 
Commission; (b) the need for flammability performance requirements to 
address cigarette and/or small open flame ignition of upholstered 
furniture; (c) the need for a uniform national upholstered furniture 
flammability standard; (d) the relationship between cigarette and small 
open flame ignition performance; (e) the regulatory alternatives being 
considered and the potential effectiveness and economic impacts of 
these alternatives; and (f) other possible alternatives for addressing 
the risk and the effectiveness and economic impacts of these 
alternatives.
    2. Any existing standard or portion of a standard which could be 
issued as a proposed regulation.
    3. A statement of intention to modify or develop a voluntary 
standard to address the risk of injury discussed in this notice, 
together with a description of a plan to do so.
    In addition, the Commission would like to receive data on cigarette 
and small open flame ignition tests of upholstered furniture.
    Comments and other submissions 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 and other submissions may also be filed by 
facsimile to (301) 504-0127 or by e-mail to [email protected]. All 
comments and other submissions must be received by December 22, 2003.

    Dated: October 20, 2003.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 03-26809 Filed 10-22-03; 8:45 am]
BILLING CODE 6355-01-P