[Federal Register Volume 86, Number 177 (Thursday, September 16, 2021)]
[Proposed Rules]
[Pages 51639-51640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19939]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1634

[Docket No. CPSC-2008-0005]


Standard for the Flammability of Residential Upholstered 
Furniture

AGENCY: Consumer Product Safety Commission.

ACTION: Termination of rulemaking.

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SUMMARY: The Consumer Product Safety Commission is withdrawing its 
proposed rule on flammability standards for residential upholstered 
furniture that published March 4, 2008 in the Federal Register. This 
rulemaking is no longer active because it has been superseded by the 
COVID-19 Regulatory Relief and Work From Home Safety Act.

DATES: As of September 16, 2021 the proposed rule publish March 4, 2008 
at 73 FR 11701 is withdrawn.

ADDRESSES: National Product Testing and Evaluation Center, 5 Research 
Place, Rockville, MD 20850.

FOR FURTHER INFORMATION CONTACT: Andrew Lock, Project Manager, 
Directorate for Laboratory Sciences, National Product Testing and 
Evaluation Center, 5 Research Place, Rockville, MD 20850; telephone: 
301-987-2099; email: cpsc.gov">alock@cpsc.gov.

SUPPLEMENTARY INFORMATION:

A. Upholstered Furniture Rulemaking Under the FFA

    1. Advance Notice of Proposed Rulemaking. In 1993, the National 
Association of State Fire Marshals (NASFM) petitioned the Commission to 
issue regulations under the FFA addressing upholstered furniture fire 
risks. On June 15, 1994, the Commission granted the petition, in part, 
and issued an advance notice of proposed rulemaking (ANPR) on the 
specific risk of small, open flame-ignited fires. 59 FR 30735. The 
Commission denied the petition regarding large, open flame-ignited 
fires, and deferred action on the petition for cigarette-ignited fires. 
On October 23, 2003, the Commission published a subsequent ANPR, 
expanding the upholstered furniture proceeding to address ignition of 
upholstered furniture by small open flames and smoldering cigarettes. 
68 FR 60629.
    2. Notice of Proposed Rulemaking. On March 4, 2008, the Commission 
issued a notice of proposed rulemaking (2008 NPR) for a flammability 
standard for residential upholstered furniture under the FFA. 73 FR 
11702. The 2008 NPR proposed performance requirements to reduce the 
likelihood of upholstered furniture fires ignited by cigarettes or 
small open flames. Manufacturers and importers of upholstered furniture 
could choose one of two possible methods for compliance: (1) Use 
upholstery cover material that met the specified cigarette-ignition 
performance test, i.e., ``Type I'' furniture; or (2) incorporate an 
interior fire barrier between the cover fabric and interior filling 
materials that met both the smoldering and small open-flame resistance 
tests, i.e., ``Type II'' furniture. An ``interior fire barrier'' was 
defined as a fire-resistant material that is

[[Page 51640]]

interposed between the upholstery cover fabric and any interior filling 
material. The 2008 NPR on upholstered furniture flammability focused on 
performance standards which did not prescribe requirements for filling 
materials or require manufacturers or importers to use FR chemical 
additives to achieve compliance.

B. The COVID-19 Act

    On December 27, 2020, the ``COVID-19 Regulatory Relief and Work 
From Home Safety Act,'' became law. Public Law 116-260. Section 2101(c) 
of the COVID-19 Act mandated 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).''
    Thus, under the COVID-19 Act, the California standard, TB 117-2013, 
is a federal flammability standard promulgated under section 4 of the 
FFA. TB 117-2013 sets forth the requirements, test procedure, and 
apparatus for testing the smolder resistance of materials used in 
upholstered furniture from hazards associated with smoldering ignition. 
The standard provides methods for smolder resistance of cover fabrics, 
barrier materials, resilient filling materials, and decking materials 
for use in upholstered furniture. The COVID-19 Act and the FFA (15 
U.S.C. 1191 et seq.) does not preempt or otherwise affect any State or 
local law, regulation, code, standard, or requirement that concerns 
health risks associated with upholstered furniture; and 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. In 
addition, sections 1374 through 1374.3 of title 4, California Code of 
Regulations (except for subsections (b) and (c) of section 1374 of that 
title), as in effect on the date of enactment of the COVID-19 Act are 
not preempted. Finally, the California standard may not be preempted.
    On April 9, 2021, the Commission published a direct final rule that 
codified the relevant statutory text of section 2101 of the COVID-19 
Act under 16 CFR part 1640. 86 FR 18440. This part establishes the 
regulatory text of the California standard, TB 117-2013, as the 
mandatory federal flammability standard for upholstered furniture under 
section 4 of the FFA, and sets forth the statutory requirements. 
Because the Commission did not consider any comment received on the 
direct final rule to be a significant adverse comment, the rule went 
into effect on June 25, 2021, and applies to all upholstered furniture 
manufactured, imported, or reupholstered on or after that date. 
However, the compliance date for the new labeling requirement will go 
into effect on June 25, 2022.

C. Termination of the Upholstered Furniture Rulemaking

    The direction in the COVID-19 Act requiring that the California 
standard, TB 117-2013, be a federally mandated flammability standard 
promulgated by the CPSC under section 4 of the FFA, supersedes the 
upholstered furniture rulemaking proceeding initiated by the Commission 
under the FFA in 1994. Accordingly, on March 30, 2021, the Commission 
voted to terminate the rulemaking associated with upholstered furniture 
and directed that notification of the termination of rulemaking be 
issued in the Federal Register.\1\ Through this document, the 
Commission has terminated the upholstered furniture rulemaking 
proceeding that began with the issuance of the ANPR in 1994, and all 
subsequent rulemakings in that proceeding including the 2008 NPR.
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    \1\ See RCA-Upholstered-Furniture-Flammability-Standard-TB117-
2013-DFR-and-NPR.pdf (cpsc.gov).

Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2021-19939 Filed 9-15-21; 8:45 am]
BILLING CODE 6355-01-P