[Federal Register Volume 88, Number 88 (Monday, May 8, 2023)]
[Proposed Rules]
[Pages 29582-29584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09744]


=======================================================================
-----------------------------------------------------------------------

CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1632

[Docket No. CPSC-2017-0008]


Standard for the Flammability of Mattresses and Mattress Pads; 
Notice of Meeting and Request for Comments

AGENCY: Consumer Product Safety Commission.

ACTION: Announcement of public meeting and request for comments.

-----------------------------------------------------------------------

SUMMARY: The Consumer Product Safety Commission will be holding a 
meeting on the Standard for the Flammability of Mattresses and Mattress 
Pads at the CPSC's laboratory in Rockville, MD, on June 14, 2023. We 
invite interested parties to participate in or attend the meeting. A 
remote viewing option will be available for registrants. We also invite 
interested parties to submit written comments related to the possible 
changes to the Standard that are discussed in this notice.

DATES: The meeting will be held from 1 to 4 p.m. on June 14, 2023. 
Individuals interested in serving on panels or presenting information 
at the meeting should register by May 22, 2023; all other individuals 
who wish to attend the meeting in person or view it remotely should 
register by June 7, 2023. Written comments must be received by July 5, 
2023.

ADDRESSES: The meeting will be held at the CPSC's National Product 
Testing and Evaluation Center, 5 Research Place, Rockville, MD 20850. 
Persons interested in serving on a panel or presenting information at 
the meeting in person should register by sending an email with their 
contact information and proposed presentation topic to 
[email protected], no later than May 22, 2023. All other individuals 
who wish to attend the meeting in person or remotely should register by 
email to [email protected] by June 7, 2023.
    You can submit written comments, identified by Docket No. CPSC-
2017-0008, by any of the following methods:
    Electronic Submissions: Submit electronic comments to the Federal 
eRulemaking Portal at: www.regulations.gov. Follow the instructions for 
submitting comments. Do not submit through this website: confidential 
business information, trade secret information, or other sensitive or 
protected information that you do not want to be available to the 
public. CPSC does not accept comments submitted by email, except as 
described below.
    Mail/Hand Delivery/Courier/Confidential Written Submissions: CPSC 
encourages you to submit comments by using the Federal eRulemaking 
Portal. You may, however, submit comments by mail, hand delivery, or 
courier to: Office of the Secretary, Consumer Product Safety 
Commission, 4330 East West Highway, Bethesda, MD 20814; telephone: 
(301) 504-7479.
    Instructions: All submissions must include the agency name and 
docket number. CPSC may post all comments without change, including any 
personal identifiers, contact information, or other personal 
information provided, to: www.regulations.gov. If you wish to submit 
confidential business information, trade secret information, or other 
sensitive or protected information that you do not want to be available 
to the public, you may submit such comments by mail, hand delivery, or 
courier, or you may email them to: [email protected].
    Docket: For access to the docket to read background documents or 
comments received, go to: www.regulations.gov, and insert the docket 
number, CPSC-2017-0008, into the ``Search'' box, and follow the 
prompts.

FOR FURTHER INFORMATION CONTACT: Lisa L. Scott, Directorate for 
Laboratory Sciences, 5 Research Place, Rockville,

[[Page 29583]]

MD 20850, telephone 301-987-2064, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On June 23, 2005, the Commission published an advance notice of 
proposed rulemaking (ANPR) regarding the possible revocation or 
amendment of 16 CFR part 1632, Standard for the Flammability of 
Mattress and Mattress Pads (Cigarette Ignition). 70 FR 36357.
    Since publication of the ANPR, CPSC staff has conducted testing of 
full-scale mattress prototypes, evaluated fire incident data, and 
evaluated both the existing and alternate ticking substitution tests 
for the substitution of components under 16 CFR part 1632. See 16 CFR 
1632.6.
    On February 1, 2017, the Commission published a Request for 
Information (RFI) Regarding Mattress Materials. 82 FR 8923. The 
Commission requested information on the materials, components, and 
methods of assembly currently used to comply with part 1632, Standard 
for the Flammability of Mattresses and Mattress Pads, and part 1633, 
Standard for the Flammability (Open Flame) of Mattress Sets. Six public 
comments were submitted. The commenters represented several segments of 
the mattress industry, but the small number of comments submitted gave 
CPSC a limited understanding of industry practices.

II. Topics for the Meeting

    Below we identify the topics for the June 14, 2023, meeting.\1\ As 
described in Section IV of this notice, we also are seeking written 
comments on these topics and related matters. We have identified the 
following specific topics we would like panelists to address at the 
meeting:
---------------------------------------------------------------------------

    \1\ The Commission voted 4-0 to approve publication of this 
notice.

1. Ticking substitution
     Experience with the test procedure in 16 CFR part 1632.6
     Assessment and availability of standard materials
     Factors affecting selection of materials
     Consideration of the effect of substituted ticking 
materials on open flame testing performance (16 CFR part 1633)
     Consideration of the effect of substituted ticking 
materials on consumer safety
2. Compliance with 16 CFR part 1632 and 16 CFR part 1633
     Methods and materials that affect flammability test 
performance for compliance with both standards
     Prototype data trends related to compliance with both 
standards for mattresses in development and/or introduced to commerce

    CPSC will determine the presenters and order of the presentations 
once we confirm the number of panelists available for each topic area. 
We may combine, expand, or eliminate panel sessions, depending upon the 
level of interest. The final schedule will be announced on our website 
before the meeting.

III. Details Regarding the Public Meeting

A. When and where will the meeting be held?

    The meeting will be held from 1 to 4 p.m. on June 14, 2023, at the 
CPSC's National Product Testing and Evaluation Center (NPTEC), 5 
Research Place, Rockville, MD 20850.

B. How can I register for the meeting?

    If you would like to be a panelist or present information for a 
specific session of the meeting, you should register by May 22, 2023. 
(See the ADDRESSES section of this document for instructions on how to 
register.) We also ask that you submit a brief (less than 200 word) 
abstract of your topic and area of expertise. Staff will select 
panelists based on a variety of considerations, including: Whether the 
information to be presented has been received in previous open comment 
periods; the individual's familiarity or expertise with the topic to be 
discussed; the practical utility in the information to be presented; 
and the topic's relevance to the identified theme and topic area. 
Although an effort will be made to accommodate all persons who wish to 
be panelists, we expect to limit each panel session to no more than 
approximately five panelists. Therefore, the final number of panelists 
may be limited. We recommend that individuals and organizations with 
common interests consolidate or coordinate their panelist requests. To 
assist in making final panelist selections, staff may ask potential 
panelists to submit planned presentations in addition to the initial 
abstract. We plan to notify panelists of their selection by May 26, 
2023.
    If you wish to attend and participate in the meeting, but you do 
not wish to be a panelist, you should register by June 7, 2023, and 
identify your affiliation. Every effort will be made to accommodate 
each person's request; however, we may need to limit registration to 
meet the occupant capacity of our meeting rooms. If you have 
registered, but are unable to attend the meeting in person, there will 
be a remote video conferencing link available to watch the meeting 
live, but you will not be able to interact with the panels and 
presenters. You may be able to submit written questions in real time 
for the presenters to answer. You will need to register by email as 
described in the ADDRESSES section of this document to receive a 
conferencing link for the meeting.
    If you wish to submit written comments, you may do so before or 
after the meeting, as described in the ADDRESSES section of this 
notice. These comments should be received by July 5, 2023. Comments 
should focus on new information not submitted previously that is 
related to the topic areas listed above.

C. What will be the format of the meeting?

    The meeting will open with a plenary session that includes a brief 
overview of the staff's activities since the publication of the 2005 
ANPR. Following the plenary session, there will be a series of 
presentations covering topics listed above. We expect potential 
presenters to speak for approximately 10-20 minutes each about their 
topic area. At the conclusion of the presentations, there will be a 
question, answer, and discussion session among the presenters and the 
audience, limited to the topics discussed by the panelists.

D. How can I receive updates about the meeting?

    If we decide to cancel or change the meeting, an email will be sent 
to each registered participant who provides a valid email address when 
registering as described in the ADDRESSES section of this document.

IV. Request for Comments

    We request comments related to the possible revocation or amendment 
of 16 CFR part 1632 and other topics as noted below related to both 
flammability standards. Staff are interested in receiving written 
comments either before the public meeting or by July 5, 2023, on the 
following questions:
    1. What types of procedures or alternative test protocols are 
available to be used for evaluating or substituting tickings? Are there 
alternative test protocols that may result in different ticking 
classifications? Please provide information about the benefits of these 
alternatives, their impact on safety, and whether and why the different 
ticking classification results are more or less accurate for the 
different methods.

[[Page 29584]]

    2. If the test described in 16 CFR 1632.6(e) Test Procedure is 
performed, who is likely to perform the test (e.g., the mattress 
manufacturer, the ticking supplier, or another party), and why? Is the 
ticking classification verified by a lab report or some other 
documentation?
    3. If a ticking is to be substituted on a qualified mattress 
prototype, how are candidate tickings for a substitution evaluated and 
selected? Other than ticking classification, what factors or features 
are important when selecting a ticking material? Please explain the 
benefits and/or concerns and impact on safety related to structure 
(e.g., knit, woven, nonwoven), fiber content, or other factors that may 
affect the decision. Is the effect on compliance with the Open Flame 
Standard a consideration in the selection process?
    4. CPSC staff anticipate that recordkeeping requirements may be 
updated if the Commission opts to amend 16 CFR part 1632. These changes 
may be made to be consistent with the requirements in 16 CFR part 1633 
(for mattresses) and/or separately updated for mattress pads. What 
recordkeeping changes should be considered for mattresses and/or 
mattress pads?
    5. Are there emerging topics that should be considered in any 
proposed changes to either 16 CFR part 1632 or 16 CFR part 1633? 
Examples could include sustainability, accessibility of components, 
scope of products covered by either standard, and custom products.

Pamela J. Stone,
Acting Secretary, Consumer Product Safety Commission.
[FR Doc. 2023-09744 Filed 5-5-23; 8:45 am]
BILLING CODE 6355-01-P