[Federal Register Volume 59, Number 114 (Wednesday, June 15, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-14573] [[Page Unknown]] [Federal Register: June 15, 1994] ======================================================================= ----------------------------------------------------------------------- CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1640 Upholstered Furniture; Advance Notice of Proposed Rulemaking; Request for Comments and Information AGENCY: Consumer Product Safety Commission. ACTION: Advance notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: Based on currently available information, the Commission finds that a new flammability standard or other regulation may be needed for products of upholstered furniture and for fabrics and related materials used in, or intended for use in, upholstered furniture, to protect the public against the unreasonable risk of fire leading to death, personal injury, or significant property damage. The specific risk of fire is from the ignition of upholstered furniture from small open-flame sources. This advance notice of proposed rulemaking (``ANPR'') initiates a rulemaking proceeding under the authority of the Flammable Fabrics Act (``FFA''). One result of the proceeding could be the promulgation of a standard or other regulation mandating performance and/or labeling requirements for these products. Another possible outcome could be a voluntary standard that adequately addresses the identified risk of injury. The Commission solicits written comments from interested persons concerning the risk of injury and death associated with the ignition of upholstered furniture from small open flames, data on small open-flame testing of upholstered furniture, the regulatory alternatives discussed in this notice, other possible means to address these risks, and the economic impacts of the various regulatory alternatives. The Commission also invites interested persons to submit an existing standard, or a statement of intent to modify or develop a voluntary standard, to address the risk of injury described in this notice. DATES: Written comments and submissions in response to this notice must be received by the Commission by August 15, 1994. ADDRESSES: Comments should be mailed, preferably in five (5) copies, to the Office of the Secretary, Consumer Product Safety Commission, Washington, DC 20207-0001, or delivered to the Office of the Secretary, Consumer Product Safety Commission, room 502, 4330 East West Highway, Bethesda, Maryland 20814; telephone (301) 504-0800. FOR FURTHER INFORMATION CONTACT: Dale R. Ray, Directorate for Economic Analysis, Consumer Product Safety Commission, Washington, DC 20207; telephone (301) 504-0962, ext. 1323. SUPPLEMENTARY INFORMATION: A. Background 1. The Petition. In 1993, the National Association of State Fire Marshals (``NASFM'') petitioned the Commission (Petition FP 93-1) to issue a flammability standard for upholstered furniture incorporating the requirements of three standards now in effect in the State of California. Specifically, the petition urged the Commission to issue a flammability standard incorporating the requirements of Technical Bulletins 116, 117, and 133, issued by the Bureau of Home Furnishings and Thermal Insulation of the State of California. These standards specify tests to measure the (a) resistance of components of upholstered furniture to ignition by small open-flame sources and cigarettes; (b) resistance of finished items of upholstered furniture to ignition by cigarettes; and (c) resistance of finished items of furniture to ignition from large open-flame sources. The California standards also contain labeling requirements. In support of the petition, NASFM provided information about deaths and injuries from fires involving upholstered furniture in California and in the rest of the United States. The petition asserted that although deaths and injuries from fires involving upholstered furniture in the United States declined appreciably from 1980 through 1989, during the same period the numbers of deaths and injuries from upholstered furniture fires declined at a much faster rate in California. The petitioner provided data showing that the rate of fire deaths associated with upholstered furniture in the United States, excluding California, decreased from 4.97 per million people in 1980 to 3.04 per million in 1989, a decline of 39 percent. By comparison, in 1980 the rate of fire deaths associated with upholstered furniture in California was 1.14 per million people and in 1989 it was 0.41 per million, a decline of 64 percent. The Commission published a notice in the Federal Register on August 9, 1993 (58 FR 42301), announcing that the submission from NASFM had been docketed as a petition and soliciting written comments on the petition from all interested parties. Seventy-two comments were received in response to that notice. The Commission staff prepared a briefing package on the petition discussing information relevant to the decision to grant or deny the petition. The briefing package, dated April 8, 1994, contains a discussion of the comments received and other relevant information. It is available upon request from the Office of the Secretary of the Commission. The staff presented an oral briefing to the Commission on the petition on May 3, 1994. 2. Commission Action. At a decision meeting on May 12, 1994, the Commission voted 2-1 to grant that part of the petition requesting development of a flammability standard to address risks of death, injury, and property damage from small open-flame ignition of upholstered furniture.1 The Commission also voted (unanimously) (i) to defer action on that part of the petition requesting development of a flammability standard addressing risks of death, injury, and property damage from cigarette ignition of upholstered furniture, and (ii) to direct the staff to conduct an additional, limited investigation of the cigarette ignition issue. Finally, the Commission voted 2-1 to deny that portion of the petition requesting development of a flammability standard to address risks of death, injury, and property damage from large open-flame ignition of upholstered furniture.2 --------------------------------------------------------------------------- \1\ Commissioner Gall dissented from this vote. \2\ Chairman Brown dissented from this vote. --------------------------------------------------------------------------- The information presently available to the Commission demonstrates that in 1991 approximately 150 deaths, 580 injuries, and $66 million in property losses resulted from the ignition of upholstered furniture by small open flames. Although the upholstered furniture industry has implemented a voluntary program to improve the resistance of upholstered furniture to ignition by cigarettes, that program has no provisions to address risks of small open-flame ignition. The State of California enforces mandatory requirements for upholstered furniture components. These requirements are intended to improve resistance of upholstered furniture to ignition by small open- flame sources. Information available to the Commission indicates that almost all of the furniture produced for sale in California meets that State's mandatory requirements to address risks of small open-flame ignition of upholstered furniture. This information suggests that a Federal standard to address those risks may be effective and technologically and economically practicable. As noted, the Commission unanimously voted to defer a decision on the part of the petition dealing with cigarette ignition of upholstered furniture. Despite a significant number of reported incidents, since 1980, deaths associated with upholstered furniture fires ignited by cigarettes have declined by almost 60 per cent. As noted above, the upholstered furniture industry has implemented a voluntary plan to improve resistance of upholstered furniture to cigarette ignition. However, the Commission has not assessed the resistance of currently- produced upholstered furniture to cigarette ignition or determined the extent to which upholstered furniture conforms to the industry voluntary program. If most currently manufactured upholstered furniture resists cigarette ignition, the benefits to be derived from issuing mandatory requirements to address that risk may be small. However, if a large proportion of currently manufactured upholstered furniture can be ignited by a smoldering cigarette, a mandatory standard to address that risk may be needed. For these reasons, the Commission decided to defer a decision on that portion of the petition requesting development of a mandatory standard to address risks of death, injury, and property damage associated with upholstered furniture ignited by cigarettes until the staff obtains certain additional information. This may include the extent to which currently manufactured upholstered furniture resists cigarette ignition and conforms to the industry's voluntary plan. After examining all available information about deaths, injuries, and property losses associated with fires resulting from ignition of upholstered furniture, the Commission voted to deny that portion of the petition requesting development of a flammability standard to address risks of death, injury, and property damage associated with ignition of upholstered furniture by large open-flame sources. The State of California enforces a flammability standard to address risks of large open-flame ignition of upholstered furniture used in public occupancies without automatic sprinkler systems. However, that standard does not apply to furniture intended for residential use. Therefore, the Commission has no specific information about the extent to which a Federal flammability standard similar to the California large open- flame requirements could be expected to reduce deaths, injuries, or property damage from residential fires originating with ignition of upholstered furniture by a large open-flame source. The Commission also considered information indicating that if the California requirements intended to address large open-flame ignition of upholstered furniture were applicable to all residential furniture sold in the United States, the total annual cost of compliance could exceed $2 billion, and could add an estimated $75 to the average price of items of upholstered furniture. In view of the absence of information indicating the likelihood of a substantial reduction in deaths, injury, and property damage from large open-flame ignition of upholstered furniture, and estimates of substantial costs resulting from the imposition of requirements to address risks from upholstered furniture fires ignited by large open- flame sources, the Commission decided to deny that portion of the petition requesting issuance of a standard to address those risks. B. Statutory Authority This proceeding is conducted under provisions of the FFA, 15 U.S.C. 1191-1204. An item of upholstered furniture is a ``product'' of ``interior furnishing'' as those terms are defined in sections 2(e) and (h) of the FFA. 15 U.S.C. 1191(e) and (h). The Commission has authority under section 4(a) of the FFA to issue a ``flammability standard or other regulation, including labeling,'' for a product of interior furnishing if the Commission determines that such a standard ``is needed to adequately protect the public against unreasonable risk of the occurrence of fire leading to death or personal injury, or significant property damage.'' 15 U.S.C. 1193(a). A proceeding to promulgate a regulation establishing a flammability standard for upholstered furniture begins by publication of this advance notice of proposed rulemaking as provided in section 4(g) of the FFA. 15 U.S.C 1193(g). If the Commission decides to continue the rulemaking proceeding after considering responses to the ANPR, the Commission must publish the text of the proposed rule, along with a preliminary regulatory analysis, in accordance with section 4(i) of the FFA. 15 U.S.C. 1193(i). If the Commission then wishes to issue a final rule, it must publish the text of the final rule and a final regulatory analysis that includes the elements stated in section 4(j)(1) of the FFA. 15 U.S.C. 1193(j)(1). Before the Commission may issue a final regulation, it must make findings concerning voluntary standards, the relationship of the costs and benefits of the rule, and the burden imposed by the regulation. FFA section 4(j)(2), 15 U.S.C. 1193(j)(2). C. The Product The items within the scope of this ANPR include: (1) Products of interior furnishing that are used in homes, offices, and other places of assembly and public accommodation that consist in whole or in part of resilient materials (such as polyurethane foam, cotton batting, or related materials) enclosed within a covering consisting of fabric or related materials, and (2) fabric or related materials used or intended for use in the production of upholstered furniture. D. The Upholstered Furniture Industry The Commission estimates that there are over 1,000 manufacturers, and a small number of importers, of upholstered furniture in the United States, accounting for an estimated 25-30 million pieces shipped annually. Shipments are concentrated among the major producers; the 50 largest firms reportedly account for over half of all upholstered furniture sales. Most of the remaining manufacturers are small firms, none of which accounts for a significant proportion of sales. E. Risks of Injury and Death In 1991, about 16,600 residential fires involving ignition of upholstered furniture resulted in 700 deaths, over 2,000 injuries and nearly $300 million in property damage in the United States. Two-thirds (470) of the deaths and more than half (1,160) of the injuries resulted from smoldering-ignition smoking fires; about one-fifth (150) of the deaths and one-fourth (580) of the injuries resulted from open-flame- ignition fires (often identified as involving matches and lighters). Nearly half ($137 million) of the property damage was from smoking fires; about one-fifth ($66 million) was from open-flame fires. The total annual societal cost of upholstered furniture fire losses is estimated at about $2 billion, including about $1.25 billion from smoking fires and nearly $0.5 billion from open-flame fires. Since 1980, total furniture fire deaths in the United States declined by slightly over half. Smoking fire deaths declined by 59 percent, while open-flame fire deaths declined by 25 percent. Injuries and property damage also declined by 34 and 28 percent, respectively. A number of factors probably contributed to the decrease in furniture fire losses over time. These factors may include the use of more ignition-resistant fabrics and filling materials (due in part to or accelerated by the adoption of voluntary and mandatory safety standards); reductions in smoking, and accompanying reductions in the use of small open-flame sources (e.g., lighters and matches); improvements in fire fighting methods, response times, and equipment; and increases in the use of smoke detectors and sprinklers. The above data indicate that the injury, death, and property losses attributable to both cigarette-ignition and open-flame-ignition of upholstered furniture remain very large. Although significant reductions in fire losses associated with ignition of upholstered furniture have occurred in recent years, particularly in the area of cigarette-ignition, the opportunity to achieve substantial, further reductions remains. While this proceeding is limited to risks from open-flame ignitions, the Commission can reassess the scope of its inquiry if it determines that further action may be warranted. F. Existing Standards The Commission is aware of some existing standards that may be relevant to this proceeding. These standards are described below. 1. California standards. The Bureau of Home Furnishings & Thermal Insulation in California's Department of Consumer Affairs began developing upholstered furniture and mattress flammability standards in the early 1970's, at approximately the same time as federal government efforts were initiated. Three standards--Technical Bulletins 116, 117, and 133--apply to upholstered furniture offered for sale in California. These standards contain labeling requirements and performance tests to measure the resistance to cigarette and open-flame ignition of components (TB-117) and finished items (TB-116 for cigarettes and TB- 133 for open flames). TB-117 is mandatory for all upholstered furniture offered for sale in California; TB-116 is a voluntary standard routinely used for compliance screening tests; and TB-133 is mandatory only for items of upholstered furniture intended for use in public occupancies (excluding residences) not protected by automatic sprinklers. This proceeding is limited to small open-flame ignitions. Thus, it does not cover TB-116 or TB-133, which apply respectively to cigarette ignition and large open flames. The standard relevant to this proceeding, TB-117, measures flammability performance by char length, flame spread, or weight loss, when a lit cigarette or a small open flame is applied to test surfaces of filling components. Under TB-117, upholstery fabrics must also meet the flaming ignition requirements of the CPSC's general wearing apparel regulations, which are codified at 16 CFR part 1610. (Virtually all upholstery materials comply with this provision.) Fire retardant-treated foam--so-called ``California Foam''--is used to meet TB-117. There is no California standard for small open flames incorporating a composite test for finished items or full-scale mockups. 2. Other Standards. The Upholstered Furniture Action Council (``UFAC'') adopted, in 1978, a Voluntary Action Program and voluntary test method, which incorporates cigarette ignition tests for furniture components. In addition, ASTM, Inc.--formerly the American Society for Testing & Materials--and the National Fire Protection Association (``NFPA'') have adopted elements of a previously-developed draft CPSC standard and the UFAC cigarette ignition test methods. Neither organization, however, has adopted standards for small open-flame ignitions, the subject of this ANPR. Other existing standards include those promulgated in 1988 by the British government, known as the ``Furniture and Furnishings (Fire) (Safety) Regulations 1988 (Amended 1989).'' These regulations supplemented a 1980 cigarette ignition regulation by adding a series of open-flame performance requirements. In addition, the regulations essentially banned all polyurethane foams--other than highly ignition- resistant ``combustion-modified'' foams--for use as filling materials in residential upholstered furniture. The regulations apply to most used upholstered furniture manufactured after 1950 as well as to new items. G. Regulatory Alternatives Under Consideration The Commission will consider the following alternatives to reduce the number of injuries and deaths and the amount of property damage from fires associated with small open-flame ignition of upholstered furniture. 1. Flammability Standard. If the Commission finds that a standard is needed to adequately protect the public against an unreasonable risk of the occurrence of fire leading to death, injury, or significant property damage, it may promulgate a flammability standard. Any such standard would be stated in objective terms that are reasonable, technologically practicable, and appropriate. It would also be limited to such fabrics, related materials, or products which have been determined to present the unreasonable risk found to exist. 2. Labeling Regulation. Either separately or as part of a flammability standard, the Commission may consider issuance of a labeling regulation as part of this proceeding. 3. Voluntary standards. The Commission could terminate this proceeding and rely upon a voluntary standard submitted in response to this notice if the standard would likely result in the elimination or adequate reduction of the risk of injury identified in the notice, and if there would likely be substantial compliance with such standard. H. Solicitation of Information and Comments Based on information currently available to the Commission from investigations, research, and other sources, the Commission, in accordance with section 4(a) of the FFA, 15 U.S.C. 1193(a), finds that a new flammability standard, or other regulation, may be needed for products of upholstered furniture made from fabrics and related materials, and for fabrics and related materials used in, or intended for use in upholstered furniture, to protect the public against the unreasonable risk of the occurrence of fire leading to death, personal injury, or significant property damage. The specific risk of the occurrence of fire is from the ignition of upholstered furniture from small open-flame sources. This ANPR is the first step of a proceeding which could result in a mandatory flammability standard and/or labeling regulation, or a voluntary standard, for upholstered furniture that presents an unreasonable risk of the occurrence of fire leading to death or personal injury or significant property damage. To assist the Commission in reaching an informed decision in this matter, the Commission invites all interested persons to submit to the Commission their comments on any aspect of the alternatives discussed above. Specifically, in accordance with section 4(g) of the FFA, the Commission solicits: (1) Written comments with respect to the risk of injury identified by the Commission, the regulatory alternatives being considered (including the potential effectiveness and economic impacts of such alternatives), and other possible alternatives for addressing the risk. (2) Any existing standard or portion of a standard which could be issued as a proposed regulation. (3) A statement of intention to modify or develop a voluntary standard to address the risk of injury discussed in this notice, along with a description of a plan to do so. In addition, the Commission would like to receive from interested parties data on open-flame ignition tests of upholstered furniture. Comments should be mailed, preferably in five (5) copies, to the Office of the Secretary, Consumer Product Safety Commission, Washington, D.C. 20207-0001, or delivered to the Office of the Secretary, Consumer Product Safety Commission, Room 502, 4330 East West Highway, Bethesda, Maryland 20814-4408; telephone (301) 504-0800. All comments and submissions should be received no later than August 15, 1994. Dated: June 9, 1994. Sadye E. Dunn, Secretary, Consumer Product Safety Commission. [FR Doc. 94-14573 Filed 6-14-94; 8:45 am] BILLING CODE 6355-01-P