[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]
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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.
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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
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\1\ Commissioner Gall dissented from this vote.
\2\ Chairman Brown dissented from this vote.
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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
