[Federal Register Volume 63, Number 51 (Tuesday, March 17, 1998)]
[Proposed Rules]
[Pages 13017-13019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6904]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Chapter II
Flame Retardant Chemicals That May Be Suitable for Use in
Upholstered Furniture; Public Hearing
AGENCY: Consumer Product Safety Commission.
ACTION: Notice of public hearing and request for comments.
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SUMMARY: The Commission will conduct a public hearing on May 5-6, 1998
to receive scientific and technical information, such as published or
unpublished studies, relating to the toxicity, exposure,
bioavailability, and environmental effects of flame retardant (``FR'')
chemicals that may be suitable for use in residential upholstered
furniture, particularly in upholstery fabrics. The Commission seeks
written comments and oral presentations from individuals, associations,
firms, and government agencies, with substantiated information or
technical comments on these topics. The Commission will evaluate the
information obtained from the hearing as part of its deliberations on
whether to propose a standard to address the hazard associated with
small open flame ignitions of upholstered furniture.
DATES: The hearing will begin at 10:00 a.m. on Tuesday, May 5, 1998,
and, if necessary, conclude on May 6, 1998. Requests to make oral
presentations, and the text of the presentation, must be received by
the Office of the Secretary no later than April 21, 1998. Persons
planning to testify at the hearing should submit 10 copies of the
entire text of their prepared remarks to the Commission no later than
April 21, 1998, and provide an additional 50 copies for dissemination
on the date of the hearing. Written comments that are in place of, or
in addition to oral presentations, must be received by the Office of
the Secretary no later than May 5, 1998. Written comments must include
the author's affiliation with, or employment or sponsorship by, any
professional organization, government agency, or business firm. All
data analyses and studies should include substantiation and citations.
The Commission reserves the right to limit the number of persons who
testify and the duration of their testimony.
ADDRESSES: The hearing will be in room 420 of the East-West Towers
Building, 4330 East-West Highway, Bethesda, MD. Written comments,
requests to make oral presentations, and texts of oral presentations
should be captioned ``Flame Retardant Chemicals'' and mailed to the
Office of the Secretary, Consumer Product Safety Commission,
Washington, D.C. 20207, or delivered to that office, room 502, 4330
East-West Highway, Bethesda, Maryland 20814. Comments, requests, and
texts of oral presentations may also be filed by telefacsimile to (301)
504-0127 or by e-mail to cpsc-os@cpsc.gov.
FOR FURTHER INFORMATION CONTACT: For information about the purpose or
subject matter of this hearing call or write Michael A. Babich, Ph.D.,
Directorate for Epidemiology and Health Sciences, U.S. Consumer Product
Safety Commission, Washington, D.C. 20207; telephone (301) 504-0994,
extension 1383; fax (301) 504-0079. For information about the schedule
for submission of written comments, requests to make oral
presentations, and submission of texts of oral presentations, call or
write Rockelle Hammond, Office of the Secretary, Consumer Product
Safety Commission, Washington, D.C. 20207; telephone (301) 504-0800,
extension 1232; fax (301) 504-0127.
SUPPLEMENTARY INFORMATION: In 1994, the U.S. Consumer Product Safety
Commission (``CPSC'') initiated a regulatory proceeding to address the
hazard of small open flame ignitions of upholstered furniture. 59 FR
30735 (June 15, 1994). Small open flame sources include, for example,
cigarette lighters, matches, and candles. Such ignitions of upholstered
furniture are associated with an estimated 3,100 fires resulting in an
estimated 100 deaths, 460 injuries, and $50 million in property damage
per year in the U.S. The CPSC staff believes that a small open flame
performance standard for upholstered furniture could effectively reduce
the risk of death, injury, and property loss resulting from small flame
ignitions (1).1
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\1\ Numbers in parentheses refer to documents listed at the end
of this document. The documents are available at the Commission's
Public Reading Room, 4330 East-West Highway, room 419, Bethesda,
Maryland 20814. For information call the Office of the Secretary at
(301) 504-0800.
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[[Page 13018]]
The small open flame standard that the staff is considering would
be a performance standard that specifies a requirement for flame
resistance, but would not specify how furniture would have to be
constructed to meet the standard. Manufacturers would be free to choose
the means of complying with the standard. They could use inherently
flame resistant textiles or apply FR treatments. Many different FR
chemicals and combinations of chemicals are potentially available. FR
chemicals could be incorporated within fibers, applied to the surface
of the textile, or applied to the back of the textile in the form of a
polymeric coating. Most cover fabrics currently used in upholstered
furniture would require treatment with FR chemicals to pass the small
open flame standard being considered by CPSC staff. Thus, a small open
flame standard could result in the widespread use of FR chemicals in
upholstered furniture manufactured for household use.
Possible Toxicity of FR Chemicals
The Commission is interested in information about the possible
toxicity of FR chemicals for several reasons. In addressing the hazard
associated with the small flame ignition of upholstered furniture, the
Commission staff is working to develop a performance standard without
creating additional health hazards to consumers or workers or harming
the environment. The CPSC staff preliminarily considered the possible
toxicity of FR chemicals to consumers. The staff believes that certain
FR chemicals could probably be used without presenting a hazard to
consumers (2). However, some questions remain, such as whether there is
additional information on the chemicals the staff considered, possible
hazards posed by new FR chemicals, the environmental impact of FR
chemical usage and disposal, and the potential for worker exposure.
Another issue is the possible smoke toxicity of FR-treated furniture.
Therefore, the Commission is requesting additional information on these
issues before considering a proposed rule.
The Federal Hazardous Substances Act (``FHSA'') and the
Commission's chronic hazard guidelines provide guidance for determining
whether a given FR chemical would present a hazard to consumers. 15
U.S.C. 1261 (f)(1)(A); 16 CFR 1500.135. Under the FHSA, toxicity, dose
response, exposure, and bioavailability must be considered in assessing
the potential hazard to consumers. Toxicity includes acute toxicity, as
well as chronic health effects such as cancer, reproductive/
developmental toxicity, and neurotoxicity. 16 CFR 1500.3(c)(ii). The
dose response is a measure of the potency of a given FR chemical.
Exposure is the amount of FR chemical that may come into contact with
consumers. Bioavailability is the amount of FR chemical that is
absorbed by the body. A given FR chemical would not present a hazard to
consumers unless it is toxic, there is sufficient exposure, and enough
is absorbed by the body to exceed the acceptable daily intake. See 15
U.S.C. 1261 (f)(1)(A); 16 CFR 1500.135.
The staff believes that in many cases, the FR chemicals would be
applied in the form of a polymeric back-coating. Thus, exposure would
depend on the ability of the FR chemical to migrate to the surface of
the fabric. The back-coating is expected to reduce exposure because the
FR chemical most commonly seen in the FR-treated fabrics to date is
incorporated into the polymer and the polymer is on the back of the
fabric. However, exposure might occur if the FR chemicals could be
extracted during cleaning, or as a result of wear or abrasion or by
contact with other liquids.
The CPSC staff reviewed all available data on the acute and chronic
toxicity of 16 FR chemicals (2). Based on the available data, the staff
determined that 15 of the 16 FR chemicals considered would not present
a hazard to consumers. Seven of the chemicals would not be considered
``toxic'' under the FHSA. Others would not be expected to present a
hazard due to low exposure or low bioavailability. However, these
conclusions could change if additional information became available
that indicated certain chemicals could present a hazard. For some
chemicals, only limited information was available on toxicity,
exposure, or bioavailability. Furthermore, other FR chemicals not
reviewed by the staff may be available for use in upholstered
furniture.
A related issue is whether the smoke from FR-treated furniture
could be more toxic than the smoke from non-FR-treated furniture. Only
the upholstery fabric would be treated with FR chemicals. Although the
standard under consideration would require upholstered furniture to
resist ignition from a small open flame, the furniture could still
ignite in a larger fire. Smoke toxicity must be considered because most
fire-related deaths are due to smoke inhalation, rather than burns. The
staff reviewed all available data on the smoke toxicity of FR-treated
products, and it determined that the smoke from FR-treated products was
generally not more toxic than the smoke from non-FR-treated products
(2). However, the Commission seeks additional information on this
issue.
Other Uses of FR Chemicals
Although FR chemicals are not currently used in most residential
upholstered furniture, they are used in a number of other applications.
FR treatments may be used in some commercial grade upholstered
furniture, carpets, wall coverings, and automobile and airplane
upholstery. FR chemicals are used in other textile products, such as
workwear and children's sleepwear, and in a wide variety of plastic
containing products, such as printed circuit boards, and television and
computer cabinets. FR chemicals are also used in upholstered furniture
sold in California and the United Kingdom to comply with certain
flammability requirements. Experience gained with these other
applications may be relevant to upholstered furniture. The Commission
solicits information from those familiar with these applications.
Request for Information
To obtain information relevant to these questions, the Commission
will conduct a public hearing on May 5-6, 1998. The Commission solicits
written comments and oral presentations of scientific and technical
information, including unpublished toxicity studies, from all
interested parties on the following topics:
I. FR Chemicals
A. FR chemicals and treatments that are potentially suitable for
use in complying with the small open flame standard.
1. Are there any FR chemicals or classes of FR chemicals included
in the staff's review (see reference 2) that would not be suitable for
upholstered furniture fabrics or barriers?
2. Are there any chemicals that would be suitable for upholstered
furniture but were not included in the staff's review?
3. How would each type of FR treatment be applied, that is,
incorporated into the fiber, surface treatment, or back coating?
4. With what types of fibers and fabrics can each FR treatment be
used?
B. FR chemicals that are currently used in other applications to
which consumers may be exposed (such as children's sleepwear,
commercial grade furniture, carpet, and wall coverings, automobile and
airplane upholstery, and residential furniture sold in California and
the U.K).
[[Page 13019]]
1. Would any of these chemicals not reviewed by the staff be
suitable for upholstered furniture?
2. How does experience gained with these applications address
outstanding issues with upholstered furniture?
II. Toxicity
A. Data or analyses, such as unpublished industry-sponsored
studies, relating to the toxicity, dose response, bioavailability, or
exposure of FR chemicals (both existing studies and those that are
planned or underway).
B. Federal, state, and international programs for evaluating new
and existing FR chemicals.
1. How can these programs limit the introduction of new hazardous
FR chemicals that would be used in upholstered furniture?
2. Are any FR chemicals considered ``toxic'' or ``hazardous'' under
any current federal or state programs, such as the Environmental
Protection Agency (``EPA''), Occupational Safety and Health
Administration (``OSHA''), and Department of Transportation (``DOT'')?
3. Are any FR chemicals currently on any regulatory lists, such as
under the Resource Conservation and Recovery Act (``RCRA''), the
Comprehensive Environmental Response, Compensation, and Liability Act
(``CERCLA''), Toxic Release Inventory (``TRI''), or the California Safe
Drinking Water and Toxic Enforcement Act of 1986 (``Proposition 65'')?
4. If any are listed, what is the significance, if any, of being on
the particular list, with regard to upholstered furniture?
C. Data or analyses relating to the smoke toxicity of FR-treated
products, other than what was discussed in the staff toxicity review
(including the need for any additional studies).
III. Exposure and Bioavailability
A. Possible consumer exposure to FR chemicals in upholstered
furniture.
1. What scenarios and routes of exposure need to be considered to
adequately assess consumer exposure to FR chemicals?
2. What must be considered to adequately assess exposure to
children in particular?
B. Studies relating to bioavailability of FR chemicals, such as
dermal absorption studies, that were not cited in the staff review.
C. Effect of aging and cleaning of furniture on exposure to FR
chemicals.
1. Would the back-coating degrade over time? If so, under what
circumstances?
2. Would cleaning with aqueous or non-aqueous agents extract FR
chemicals?
3. How tightly would various FR chemicals be bound to or within the
fabric or back-coating?
4. How would exposure to light, including ultraviolet and infrared,
affect exposure to FR treatments?
5. Some FR treatments are considered to have low bioavailability
due to high molecular weight. Could these FR chemicals degrade over
time?
IV. Occupational Issues
A. Processes likely to be used to apply FR chemicals to the
textiles used in upholstered furniture.
B. Effect of FR chemicals or treatments on workers who would be
applying them to textiles or during the manufacture of upholstered
furniture.
1. In industries where FR chemicals are currently used, what
controls exist to protect workers?
2. What federal or state regulations are these industries subject
to that are designed to protect workers?
C. Any controls that currently exist to protect workers from
exposure to other chemicals or particles in the textile and upholstered
furniture industry.
1. What federal or state regulations are textile and furniture
manufacturers currently subject to that are designed to protect
workers?
2. Would manufacturers be subject to any additional regulations if
FR chemicals were introduced?
3. What additional controls, if any, would be required to protect
workers from exposure to FR chemicals in these industries?
D. Cost of complying with additional regulations and implementing
additional controls to protect workers, resulting from the use of FR
chemicals in upholstered furniture, especially for small companies.
IV. Environmental Issues
A. Federal or state environmental regulations to which textile and
upholstered furniture manufacturers are currently subject.
1. What environmental controls, if any, currently exist in these
industries?
2. What additional federal or state regulations would textile and
furniture manufacturers be subject to, if FR chemicals were introduced?
3. What additional environmental controls, if any, would be
required?
B. Cost of complying with additional environmental regulations and
implementing additional environmental controls, resulting from the
introduction of FR chemicals into upholstered furniture, especially for
small companies.
C. Federal or state transportation regulations to which FR
chemicals would be subject and the likely cost of complying with them.
D. Any special disposal requirements when household furniture
reaches the end of its useful life and any adverse impacts that
disposal might have on the environment or human health.
E. If adopted, a small open flame standard could increase the
overall production of FR chemicals. Beyond what is addressed in the
previous questions, are there any known or likely environmental effects
from the manufacture, use, or disposal of FR chemicals for use in
upholstered furniture?
List of Relevant Documents
(Documents may be obtained from the Office of the Secretary or from the
CPSC's web site at www.cpsc.gov.)
1. Briefing memorandum from Dale R. Ray, Project Manager,
Directorate for Economic Analysis, to the Commission, ``Upholstered
Furniture Flammability: Regulatory Options for Small Open Flame and
Smoking Material Ignited Fires,'' October 24, 1997.
2. Memorandum from Lakshmi C. Mishra, Ph.D., Directorate for
Epidemiology and Health Sciences, to Dale Ray, Project Manager,
``Toxicity of Flame Retardant Chemicals (FR's) Used in Upholstered
Fabrics and the Toxicity of the Smoke from FR-treated Fabrics,''
October 1, 1997.
Dated: March 11, 1998.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 98-6904 Filed 2-16-98; 8:45 am]
BILLING CODE 6355-01-P
