[Federal Register Volume 72, Number 207 (Friday, October 26, 2007)]
[Rules and Regulations]
[Pages 60765-60767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-20666]


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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: Final amendments.

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SUMMARY: The Commission is amending 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. The 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. The amendment has an 
immediate effective date.

DATES: The amendment is effective October 26, 2007.

FOR FURTHER INFORMATION CONTACT: Patricia K. Adair, Project Manager, 
Directorate for Engineering Sciences, Consumer Product Safety 
Commission, Washington, DC 20207; telephone (301) 504-7536.

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 set 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 
flotaki carpets and rugs. Subpart D of 16 CFR part 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 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 to 
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 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

[[Page 60766]]

indicated that tablets consisting of essentially pure methenamine, 
having a heat of combustion value of approximately 7,180 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.

2. Proposed Amendment

    On November 13, 2006, the Commission issued a Federal Register 
notice to amend the flammability standards for carpets and rugs to 
remove the reference to the Eli Lilly Company's tablet as the standard 
ignition source and provide a generic specification defining the 
ignition source at Sec.  1630.1(f) and Sec.  1631.1(f) and solicited 
public comments. The Commission received one comment in support of the 
proposal, and one objecting to flammability testing as a mandatory 
requirement and recommending that compliance with the standards be 
voluntary to avoid potential trade restrictions on woolen rugs.
    On January 12, 2007, the Commission issued a Federal Register 
notice providing interested persons the opportunity for oral or written 
presentations regarding the proposed technical amendment to the 
flammability standards for carpets and rugs. No responses to the 
Federal Register notice were received.

3. Final Rule

    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.
    Section 4(j)(1) of the Flammable Fabrics Act requires the 
Commission to prepare a final regulatory analysis before issuing a 
final rule. The regulatory analysis must contain a description of the 
potential benefits and costs of the regulation, a description of any 
alternatives to the final regulation, and a summary of any significant 
issues raised by the comments submitted during the public comment 
period. The Commission must also find that the benefits expected from 
the rule bear a reasonable relationship to its costs and that the rule 
imposes the least burdensome requirement which prevents or adequately 
reduces the risk of injury for which the regulation is being 
promulgated. 15 U.S.C. 1193(j)(2).
Potential Costs and Benefits
    Since 2002, when production of the previous methenamine tablet was 
discontinued by its manufacturer, producers and importers of carpets 
and rugs that comply with the standards have been performing tests with 
``equivalent'' methenamine tablets. The technical amendment will, 
therefore, maintain current industry practice. The technical amendment 
to redefine the methenamine tablet will have no significant impact on 
expected benefits or costs of the flammability standards for carpets 
and rugs.

4. Comments

    The Commission received two comments on the proposed rule. The 
American Fiber Manufacturers Associated supported the technical 
amendment as proposed. The Permanent Mission of India to the World 
Trade Organization objected to flammability as a mandatory requirement 
and recommended that compliance with the standards be voluntary to 
avoid potential trade restrictions on woolen rugs. The Commission notes 
that the standards have been in effect since 1970; the amendment only 
provides a generic specification for the ignition source and will not 
alter the overall scope of the standards. Thus, the amendment will have 
no impact on U.S. or international trade.
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.''

5. 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 finds that an immediate effective date upon 
publication of the amendments is appropriate.

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)), in the proposed rule, the Commission preliminarily 
certified that these amendments to the carpet and rug flammability 
standards would not have a significant economic impact on a substantial 
number of small entities, including small businesses. 71 FR 66,145. No 
information available to the Commission since the issuance of the 
proposed rule warrants changing this preliminary certification. The 
amendments keep current industry practices and procedures in place. No 
additional actions will be required of small entities. Based on 
available information, there will 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. Accordingly, the Commission certifies that this final rule will 
not have a significant economic impact on a substantial number of small 
entities.

2. Environmental Considerations

    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 amendments are not expected to 
have a significant

[[Page 60767]]

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, as discussed in the proposed rule, 
neither an environmental assessment nor an environmental impact 
statement is required. 71 FR 66145.

3. Executive Order 12988

    Executive Order 12988, Civil Justice Reform, (February 5, 1996), 
requires that the Commission specify the preemptive effect, if any, to 
be given each new regulation. This technical amendment does not alter 
the preemptive effect of the underlying regulation.

List of Subjects in 16 CFR Parts 1630 and 1631

    Carpets, Consumer protection, Flammable materials, Floor coverings, 
Labeling, Records, Rugs, Textiles, Warranties.

Conclusion

0
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, parts 1630 and 1631 to read as follows:

PART 1630--STANDARD FOR THE SURFACE FLAMMABILITY OF CARPETS AND 
RUGS

0
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.


0
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 +/-5mg and a nominal diameter of 6mm.
* * * * *

0
3. Section 1630.4 is amended by revising the first sentence of 
paragraph (a) (3) 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

0
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.

0
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 +/-5mg and a nominal diameter of 6mm.
* * * * *

0
3. Section 1631.4 is amended by revising the first sentence of 
paragraph (a)(3) 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: October 16, 2007.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.

List of Relevant Documents

    1. ``Briefing Package: Technical Amendment to the Flammability 
Standards for Carpets and Rugs, 16 CFR part 1630 and 16 CFR part 
1631,'' U.S. Consumer Product Safety Commission, October 3, 2006.
    2. Technical Amendment to the Flammability Standards for Carpets 
and Rugs; Proposed Amendments, 71 FR 66145 (November 13, 2006).
    3. Proposed Technical Amendment to the Flammability Standards 
for Carpets and Rugs; Notice of Opportunity for Oral Comment, 72 FR 
1472 (January 12, 2007).

[FR Doc. E7-20666 Filed 10-25-07; 8:45 am]
BILLING CODE 6355-01-P