[Federal Register Volume 71, Number 218 (Monday, November 13, 2006)]
[Proposed Rules]
[Pages 66145-66147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19095]


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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://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 [email protected], 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: [email protected].

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