[Federal Register Volume 86, Number 67 (Friday, April 9, 2021)]
[Proposed Rules]
[Pages 18491-18493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06976]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1640

[Docket No. CPSC-2021-0007]


Standard for the Flammability of Upholstered Furniture

AGENCY: U.S. Consumer Product Safety Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Consumer Product Safety Commission (Commission or CPSC) is 
proposing to codify in the Code of Federal Regulations the statutory 
requirements for the flammability of upholstered furniture under the 
COVID-19 Regulatory Relief and Work From Home Safety Act. This Act 
mandates that CPSC promulgate California Technical Bulletin 117-2013 as 
a flammability standard for upholstered furniture under section 4 of 
the Flammable Fabrics Act. In the ``Rules and Regulations'' section in 
this issue of the Federal Register, the Commission is issuing this 
determination as a direct final rule. If we receive no significant 
adverse comment in response to the direct final rule, we will not take 
further action on this proposed rule.

DATES: Submit comments by May 10, 2021.

ADDRESSES: You can submit comments, identified by Docket No. CPSC-2021-
0007, by any of the following methods:
    Electronic Submissions: Submit electronic comments to the Federal 
eRulemaking Portal at: https://

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www.regulations.gov. Follow the instructions for submitting comments. 
CPSC does not accept comments submitted by electronic mail (email), 
except through https://www.regulations.gov. CPSC encourages you to 
submit electronic comments by using the Federal eRulemaking Portal, as 
described above.
    Mail/Hand Delivery/Courier Written Submissions: Submit comments by 
mail/hand delivery/courier to: Division of the Secretariat, Consumer 
Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, 
MD 20814; telephone: (301) 504-7479. Alternatively, as a temporary 
option during the COVID-19 pandemic, you may email such submissions to: 
[email protected].
    Instructions: All submissions must include the agency name and 
docket number for this notice. CPSC may post all comments without 
change, including any personal identifiers, contact information, or 
other personal information provided, to: https://www.regulations.gov. 
Do not submit electronically: Confidential business information, trade 
secret information, or other sensitive or protected information that 
you do not want to be available to the public. If you wish to submit 
such information, please submit it according to the instructions for 
mail/hand delivery/courier written submissions.
    Docket: For access to the docket to read background documents or 
comments received, go to: https://www.regulations.gov, and insert the 
docket number, CPSC-2021-0007, into the ``Search'' box, and follow the 
prompts.

FOR FURTHER INFORMATION CONTACT: Andrew Lock, Project Manager, 
Directorate for Laboratory Sciences, National Product Testing and 
Evaluation Center, 5 Research Place, Rockville, MD 20850, phone: (301) 
987-2099; email: [email protected].

SUPPLEMENTARY INFORMATION: Along with this proposed rule, CPSC is 
publishing a direct final rule in the ``Rules and Regulations'' section 
of this issue of the Federal Register. The CPSC is using the direct 
final rule procedure to codify in the Code of Federal Regulations 
(CFR), the statutory provision of the COVID-19 Regulatory Relief and 
Work From Home Safety Act (COVID-19 Act). Section 2101(c) of the COVID-
19 Act mandates that, 180 days after the date of enactment of the 
COVID-19 Act, the standard for upholstered furniture set forth by the 
Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal 
Insulation of the Department of Consumer Affairs of the State of 
California in Technical Bulletin (TB) 117-2013 (TB 117-2013), entitled, 
``Requirements, Test Procedure and Apparatus for Testing the Smolder 
Resistance of Materials Used in Upholstered Furniture,'' published June 
2013, ``shall be considered to be a flammability standard promulgated 
by the Consumer Product Safety Commission under section 4 of the 
Flammable Fabrics Act (15 U.S.C. 1193).'' Under the direct final rule, 
the standard is effective June 25, 2021; however, compliance with the 
labeling requirement shall be required by June 25, 2022.
    CPSC believes that this action is not controversial, and CPSC does 
not expect significant adverse comment because we are codifying 
statutorily mandated requirements. CPSC has explained the reasons for 
codifying the statutory language in the direct final rule. Unless CPSC 
receives significant adverse comment regarding the determination during 
the comment period, the direct final rule in this issue of the Federal 
Register will become effective on June 25, 2021, and CPSC will not take 
further action on this proposal. If CPSC receives a significant adverse 
comment, CPSC will publish a notice in the Federal Register withdrawing 
the direct final rule, and the rule will not take effect. CPSC will 
then respond to public comments in a later final rule, based on this 
proposed rule. CPSC does not intend to institute a second comment 
period on this action. Parties interested in commenting must do so at 
this time. For additional information, please see the direct final rule 
published in the ``Rules and Regulations'' section of this issue of the 
Federal Register.

List of Subjects in 16 CFR Part 1640

    Consumer protection, Flammable materials, Incorporation by 
reference, Labeling, Upholstered furniture materials, Textiles.

0
For the reasons stated in the preamble, the Commission proposes to 
amend title 16 of the Code of Federal Regulations by adding part 1640 
to subchapter D to read as follows:

PART 1640--STANDARD FOR THE FLAMMABILITY OF UPHOLSTERED FURNITURE

Sec.
1640.1 Purpose and scope.
1640.2 Effective date and compliance date.
1640.3 Definitions.
1640.4 Certification and labeling.
1640.5 Requirements.
1640.6 Incorporation by reference.

    Authority:  Sec. 2101, Pub. L. 116-260, 15 U.S.C. 1193.


Sec.  1640.1  Purpose and scope.

    (a) Purpose. This part establishes the standard for the 
flammability of upholstered furniture, as set forth by the Bureau of 
Electronic and Appliance Repair, Home Furnishings and Thermal 
Insulation of the Department of Consumer Affairs of the State of 
California in Technical Bulletin 117- 2013, entitled ``Requirements, 
Test Procedure and Apparatus for Testing the Smolder Resistance of 
Materials Used in Upholstered Furniture,'' published June 2013 (for 
availability, see Sec.  1640.6).
    (b) Scope. All upholstered furniture as defined in Sec.  1640.3 
manufactured, imported, or reupholstered on or after the effective date 
of this standard is subject to the requirements of this part.


Sec.  1640.2  Effective date and compliance date.

    (a) Effective date. This part (the standard) is effective June 25, 
2021 and shall apply to all upholstered furniture, as defined in Sec.  
1640.3, manufactured, imported, or reupholstered on or after that date.
    (b) Compliance date. Compliance with the labeling requirement in 
Sec.  1640.4 shall be required by June 25, 2022, and shall apply to all 
upholstered furniture, as defined in Sec.  1640.3, manufactured, 
imported, or reupholstered on or after that date.


Sec.  1640.3  Definitions.

    (a) Bedding product means
    (1) An item that is used for sleeping or sleep-related purposes; or
    (2) Any component or accessory with respect to an item described in 
this paragraph (a), without regard to whether the component or 
accessory, as applicable, is used--
    (i) Alone; or
    (ii) Along with, or contained within, that item;
    (b) California standard means the standard set forth by the Bureau 
of Electronic and Appliance Repair, Home Furnishings and Thermal 
Insulation of the Department of Consumer Affairs of the State of 
California in Technical Bulletin 117- 2013, entitled ``Requirements, 
Test Procedure and Apparatus for Testing the Smolder Resistance of 
Materials Used in Upholstered Furniture'', published June 2013 (see 
Sec.  1640.6).
    (c) Foundation has the meaning given that term in Sec.  1633.2 of 
this chapter.
    (d) Mattress has the meaning given that term in Sec.  1633.2 of 
this chapter.
    (e) Upholstered furniture. (1) Means an article of seating 
furniture that--
    (i) Is intended for indoor use;
    (ii) Is movable or stationary;
    (iii) Is constructed with an upholstered seat, back, or arm;

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    (iv) Is:
    (A) Made or sold with a cushion or pillow, without regard to 
whether that cushion or pillow, as applicable, is attached or detached 
with respect to the article of furniture, or
    (B) Stuffed or filled, or able to be stuffed or filled, in whole or 
in part, with any material, including a substance or material that is 
hidden or concealed by fabric or another covering, including a cushion 
or pillow belonging to, or forming a part of, the article of furniture; 
and
    (v) Together with the structural units of the article of furniture, 
any filling material, and the container and covering with respect to 
those structural units and that filling material, can be used as a 
support for the body of an individual, or the limbs and feet of an 
individual, when the individual sits in an upright or reclining 
position;
    (2) Includes an article of furniture that is intended for use by a 
child; and
    (3) Does not include--
    (i) A mattress;
    (ii) A foundation;
    (iii) Any bedding product; or
    (iv) Furniture that is used exclusively for the purpose of physical 
fitness and exercise.


Sec.  1640.4  Certification and labeling.

    (a) Testing and certification. A fabric, related material, or 
product to which the California standard applies shall not be subject 
to section 14(a) of the Consumer Product Safety Act (15 U.S.C. 2063(a)) 
with respect to that standard.
    (b) Certification label. Each manufacturer of a product that is 
subject to the California standard shall include the statement 
``Complies with U.S. CPSC requirements for upholstered furniture 
flammability'' on a permanent label located on the product, which shall 
be considered to be a certification that the product complies with that 
standard.


Sec.  1640.5  Requirements.

    (a) In general. All upholstered furniture must comply with the 
requirements in the California standard, Technical Bulletin (TB) 117-
2013, ``Requirements, Test Procedure and Apparatus for Testing the 
Smolder Resistance of Materials Used in Upholstered Furniture,'' June 
2013 (incorporated by reference Sec.  1640.6).
    (b) Preemption. Notwithstanding section 16 of the Flammable Fabrics 
Act (15 U.S.C. 1203) and section 231 of the Consumer Product Safety 
Improvement Act of 2008 (15 U.S.C. 2051 note), and except as provided 
in sections 1374, 1374.2, and 1374.3 of 4 California Code of 
Regulations (CCR) (except for subsections (b) and (c) of section 1374 
of that title) (incorporated by reference Sec.  1640.6) or the 
California standard, no State or any political subdivision of a State 
may establish or continue in effect any provision of a flammability 
law, regulation, code, standard, or requirement that is designed to 
protect against the risk of occurrence of fire, or to slow or prevent 
the spread of fire, with respect to upholstered furniture.
    (c) Preservation of certain state law. Nothing in Public Law 116-
260 or the Flammable Fabrics Act (15 U.S.C. 1191 et seq.) and section 
231 of the Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 
2051 note), may be construed to preempt or otherwise affect:
    (1) Any State or local law, regulation, code, standard, or 
requirement that--
    (i) Concerns health risks associated with upholstered furniture; 
and
    (ii) Is not designed to protect against the risk of occurrence of 
fire, or to slow or prevent the spread of fire, with respect to 
upholstered furniture;
    (2) Sections 1374, 1374.2, and 1374.3 of 4 CCR (except for 
subsections (b) and (c) of section 1374 of that title), as in effect on 
the date of enactment of Public Law 116-260; or
    (3) The California standard.


Sec.  1640.6  Incorporation by reference.

    Certain material is incorporated by reference into this part with 
the approval of the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available 
for inspection at U.S. Consumer Product Safety Commission (CPSC), Room 
820, 4330 East West Highway, Bethesda, MD 20814, and is available from 
the other sources listed in this section. To schedule an appointment, 
contact CPSC's Division of the Secretariat: Telephone (301) 504-7479 or 
email: [email protected]. The material is also available for inspection 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
    (a) State of California, Department of Consumer Affairs, 4244 South 
Market Court, Suite D, Sacramento, CA 95834; email [email protected]; 
phone (800) 952-5210; or visit https://bhgs.dca.ca.gov/about_us/tb117_2013.pdf.
    (1) California standard. Technical Bulletin (TB) 117-2013, 
``Requirements, Test Procedure and Apparatus for Testing the Smolder 
Resistance of Materials Used in Upholstered Furniture,'' June 2013; IBR 
approved for Sec.  1640.5.
    (2) [Reserved]
    (b) State of California, Office of Administrative Law (OAL), 300 
Capitol Mall, Suite 1250, Sacramento, CA 95814-4339, phone 916-323-
6815, email [email protected]; or visit https://oal.ca.gov/publications/ccr/; or purchase a hard-copy version (full code or individual titles) 
from Barclay, publisher of the Official CCR, at 1-800-888-3600.
    (1) California Code of Regulations (CCR), Title 4, Sections 1374, 
1374.2, and 1374.3, in effect as of February 26, 2021 Register 2021, 
No. 9; IBR approved for Sec.  1640.5.
    (2) [Reserved]

Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2021-06976 Filed 4-8-21; 8:45 am]
BILLING CODE 6355-01-P