Advance Notice of Proposed Rulemaking; Possible Revocation or Amendment of Standard for the Flammability of Mattresses and Mattress Pads (Cigarette Ignition), 36357-36359 [05-12387]
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Federal Register / Vol. 70, No. 120 / Thursday, June 23, 2005 / Proposed Rules
PART 39—AIRWORTHINESS
DIRECTIVES
installed on, but not limited to Eurocopter
SA 315 LAMA and SA 316 Alouette III
helicopters.
1. The authority citation for part 39
continues to read as follows:
Compliance
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by
removing Amendment 39–12937 (67 FR
68022, November 8, 2002) and by
adding a new airworthiness directive, to
read as follows:
Turbomeca: Docket No. 99–NE–32–AD.
Comments Due Date
(a) The Federal Aviation Administration
(FAA) must receive comments on this
airworthiness directive (AD) action by
August 22, 2005.
Applicability
(b) This AD applies to Turbomeca Artouste
III B, B1, and D series turboshaft engines with
injection wheels part numbers (P/Ns)
218.25.700.0, 218.25.704.0, 243.25.709.0,
243.25.713.0, 0.218.27.705.0, 0.218.27.709.0,
and 0.218.27.713.0. These engines are
(c) Compliance with this AD is required as
indicated, unless already done. To prevent
injection wheel cracks and excessive central
labyrinth wear, which could result in an inflight engine shutdowns, do the following:
Smoke Check
(d) Following every engine ground
shutdown, do the following using Turbomeca
Artouste III Service Bulletin (SB) No. 218 72
0099, dated September 14, 1998:
(1) After every flight, check for smoke
emissions through the exhaust pipe, air
intake, or turbine casing drain during
rundown and after every engine shutdown. If
a smoke emission has been noticed, check
the fuel system before the next flight to
identify the origin of the smoke emissions.
(2) If smoke is not detected, no action is
required until the next engine ground
shutdown.
(3) If smoke is detected, inspect for fuel
flow in accordance with paragraph 2.B.(1)
and 2.B.(2) of the referenced SB.
(i) If fuel flow is not detected, prior to
further flight, remove the engine from service
and replace with a serviceable engine.
(ii) If fuel flow is detected, remove the
electric fuel cock from service and replace
with a serviceable part in accordance with
section 2.B.(4) and 2.B.(5) of the referenced
SB.
(iii) Before entry into service, perform an
engine ground run and check the fuel system
again for smoke emissions through the
exhaust pipe, air intake, or turbine casing
drain during engine rundown and after shutdown; if smoke emissions still remain after
replacement of the electric fuel cock, prior to
further flight, remove the engine from service
and replace with a serviceable engine.
(e) For the purpose of this AD, a
serviceable engine is defined as an engine
that does not exhibit smoke emissions.
Central Labyrinth Inspection
(f) Perform checks and inspections of the
central labyrinth and, if necessary, replace
the central labyrinth, using paragraph 2. of
Turbomeca ASB No. A218 72 0100, Update
2, dated January 23, 2004, and the following
Table 1:
TABLE 1.—INSPECTION SCHEDULE
Initial inspection
Repetitive inspection
Prior to 1,750 hours Time-Since-New or 1,750 hours Time-Since-Last Inspection (TSLI), or 50 hours from the effective
date of this AD, whichever occurs later.
Alternative Methods of Compliance
Related Information
(h) DGAC airworthiness directive F–2004–
016, dated February 4, 2004, also addresses
the subject of this AD.
Issued in Burlington, Massachusetts, on
June 15, 2005.
Robert E. Guyotte,
Acting Manager, Engine and Propeller
Directorate, Aircraft Certification Service.
[FR Doc. 05–12414 Filed 6–22–05; 8:45 am]
BILLING CODE 4910–13–P
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Part 1632
Advance Notice of Proposed
Rulemaking; Possible Revocation or
Amendment of Standard for the
Flammability of Mattresses and
Mattress Pads (Cigarette Ignition)
Consumer Product Safety
Commission.
AGENCY:
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Advance notice of proposed
rulemaking.
ACTION:
(g) The Manager, Engine Certification
Office, has the authority to approve
alternative methods of compliance for this
AD if requested using the procedures found
in 14 CFR 39.19.
SUMMARY: The Consumer Product Safety
Commission (‘‘CPSC’’ or ‘‘Commission’’)
is considering revoking or amending its
existing standard for the flammability of
mattresses and mattress pads (16 CFR
part 1632). The Commission recently
proposed a new standard addressing the
flammability of mattresses. Several
commenters have suggested that if and
when the new standard takes effect,
continuing the cigarette ignition
standard would be burdensome and
unnecessary. With this advance notice
of proposed rulemaking, the
Commission begins to assess the need
for continuing the existing mattress
standard. The Commission invites
comments concerning the risk of injury
identified in this notice, the regulatory
alternatives being considered, and other
possible alternatives. The Commission
also invites submission of any existing
standard or statement of intention to
modify or develop a voluntary standard
to address cigarette ignition of
mattresses and mattress pads.
DATES: Comments and submissions
must be received by August 22, 2005.
ADDRESSES: Comments should be sent
by e-mail to cpsc-os@cpsc.gov.
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1,750 hours TSLI.
Comments should be captioned
‘‘Mattress ANPR (Cigarette Ignition).’’
Comments may also be mailed,
preferably in five 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;
telephone (301) 504–0800. Comments
also may be filed by facsimile to (301)
504–0127.
FOR FURTHER INFORMATION CONTACT:
Margaret Neily, Directorate for
Engineering Sciences, Consumer
Product Safety Commission,
Washington, DC 20207; telephone (301)
504–7530.
SUPPLEMENTARY INFORMATION:
A. Background
The Standard for the Flammability of
Mattresses (and Mattress Pads) (16 CFR
part 1632) was issued by the
Department of Commerce in 1972 under
the authority of the Flammable Fabrics
Act (‘‘FFA’’), 15 U.S.C. 1191 et seq.
When the Commission was created, the
responsibility for issuing and amending
flammability standards under the FFA
was transferred to the Commission. 15
U.S.C. 2079(b).
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Federal Register / Vol. 70, No. 120 / Thursday, June 23, 2005 / Proposed Rules
The standard sets forth a test to
determine the ignition resistance of a
mattress or mattress pad when exposed
to a lighted cigarette. Lighted cigarettes
are placed at specified locations on the
surface of a mattress (or mattress pad).
The standard establishes pass/fail
criteria for the tests. The standard also
requires manufacturers to maintain
records demonstrating compliance with
the testing requirements.
As originally issued, the standard
required manufacturers to perform both
prototype and production testing. A
prototype test is a test of a mattress
design before it is introduced into
commerce. In 1984, the Commission
amended the standard to eliminate the
production testing requirement and
make certain other changes to the
standard (49 FR 39790).
On January 13, 2005, the Commission
issued a notice of proposed rulemaking
(‘‘NPR’’) proposing a new flammability
standard for mattresses and mattress
and foundation sets (‘‘mattress/set’’). 70
FR 2470. The proposed standard
requires, with certain exceptions, that
mattress manufacturers test specimens
representative of each mattress/set
prototype before introducing a mattress/
set into commerce. The test is a full
scale test based on research conducted
by the National Institute of Standards
and Technology (‘‘NIST’’), in which a
mattress specimen is exposed to a pair
of ‘‘T’’ shaped propane burners and
allowed to burn freely for a period of 30
minutes. Measurements are taken, and
the mattress/set must meet the specified
test criteria for the prototype to be
acceptable. The proposed standard also
contains quality assurance and
recordkeeping requirements.
Also on January 13, 2005, the
Commission issued an advance notice of
proposed rulemaking (‘‘ANPR’’)
initiating a rulemaking proceeding for
bedclothes. 70 FR 2514. The
Commission described ‘‘bedclothes’’
broadly in the ANPR, noting that the
term can include a variety of products,
such as sheets, blankets, mattress pads,
pillows, comforters, and similar
products that are used as covering on a
bed. The Commission stated its
intention to evaluate particular items
that should be included in or excluded
from a proposed bedclothes standard as
it proceeds with the rulemaking. Thus,
while mattress pads are not included in
the proposed mattress flammability
standard, they could be included in the
bedclothes rulemaking.
The Commission has received
comments suggesting that, considering
the Commission’s intention to issue a
new mattress flammability standard, the
Commission should revoke the existing
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mattress standard. More specifically,
commenters assert that the cigarette
ignition test will not be necessary once
the open flame test is in place and that
it would be burdensome for industry to
conduct the testing required by both
standards. In light of these comments,
the Commission is issuing this ANPR to
begin consideration of whether the
existing mattress standard should be
revoked or amended.
B. The Product
The mattress standard at 16 CFR part
1632 defines ‘‘mattress’’ as ‘‘a ticking
filled with a resilient material used
alone or in combination with other
products intended or promoted for
sleeping upon.’’ 16 CFR 1632.1(a). The
definition further describes items that
are included in and excluded from the
term ‘‘mattress.’’
According to the International Sleep
Products Association (‘‘ISPA’’), the top
four producers of mattresses and
foundations account for almost 60
percent of total U.S. production. In
2001, there were 639 establishments
producing mattresses in the United
States. ISPA estimated that the total
number of U.S. conventional mattress
shipments was 21.5 million in 2002,
and is estimated to be 22.1 million in
2003 and 22.8 million in 2004. These
estimates do not include futons, crib
mattresses, juvenile mattresses, sleep
sofa inserts, or hybrid water mattresses.
These ‘‘non-conventional’’ sleep
surfaces are estimated to comprise about
10 percent of total annual shipments of
all sleep products. The value of mattress
and foundation shipments in 2002,
according to ISPA, was $3.26 and $1.51
billion respectively.
The standard defines ‘‘mattress pad’’
as ‘‘a thin, flat mat or cushion and/or
ticking filled with resilient material for
use on top of a mattress.’’ 16 CFR
1632.1(b). Foam mattress pads may be
made with a flat surface, an ‘‘egg crate’’
design, or with ‘‘memory foam’’ that
contours to the body. Industry sources
estimate that perhaps 4 to 5 million egg
crate pads are sold annually. Memory
pads, which retail for $100 or more, sell
about 3 million units annually.
C. Statutory Provisions
Section 4 of the FFA authorizes the
Commission to initiate proceedings for
a flammability standard when it finds
that such a standard is ‘‘needed to
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).
That section also sets forth the process
by which the Commission can issue or
amend a flammability standard. The
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Commission first must issue an advance
notice of proposed rulemaking
(‘‘ANPR’’) which: (1) Identifies the
fabric or product and the nature of the
risk associated with the fabric or
product; (2) summarizes the regulatory
alternatives under consideration; (3)
provides information about existing
relevant standards and reasons why the
Commission does not preliminarily
believe that these standards are
adequate; (4) invites interested persons
to submit comments concerning the
identified risk of injury, regulatory
alternatives being considered, and other
possible alternatives; (5) invites
submission of an existing standard or
portion of a standard as a proposed
regulation; and (6) invites submission of
a statement of intention to modify or
develop a voluntary standard to address
the risk of injury. 15 U.S.C. 1193(g).
If, after reviewing comments and
submissions responding to the ANPR,
the Commission determines to continue
the rulemaking proceeding, it will issue
a notice of proposed rulemaking. This
notice must contain the text of the
proposed rule along with alternatives
the Commission has considered and a
preliminary regulatory analysis. 15
U.S.C. 1193(i). Before issuing a final
rule, the Commission must prepare a
final regulatory analysis, and it must
make certain findings concerning any
relevant voluntary standard, the
relationship of costs and benefits of the
rule, and the burden imposed by the
regulation. Id. 1193(j). The Commission
also must provide an opportunity for
interested persons to make an oral
presentation before the Commission
issues a final rule. Id. 1193(d).
The FFA does not explicitly address
requirements or findings for revoking a
flammability standard or amending a
standard to eliminate requirements. To
issue a standard the Commission must
find that the standard is needed to
protect the public against an
unreasonable risk of death, personal
injury or significant property damage
due to the occurrence of fire. Id. 1193(a).
Thus, it appears reasonable for the
Commission, when revoking an FFA
standard or eliminating certain
requirements, to make findings that the
standard (or particular requirement) is
not necessary to protect against an
unreasonable risk of death or injury. In
other words, elimination of the standard
(or certain requirements) would not
result in an unreasonable risk.
D. Risk of Injury
As reported in the recent mattress
NPR (70 FR 2472), the most recent
national fire loss estimates indicated
that mattresses and bedding were the
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Federal Register / Vol. 70, No. 120 / Thursday, June 23, 2005 / Proposed Rules
first items to ignite in 19,400 residential
fires attended by the fire service
annually during 1995–1999 (based on
data from the U.S. Fire Administration’s
National Fire Incident Reporting System
data and the National Fire Protection
Association’s annual survey). These
fires resulted in 440 deaths, 2,230
injuries and $273.9 million in property
loss each year. Open flame ignition
sources accounted for 35 percent of
these fires and smoking material sources
accounted for 30 percent of the fires.
The remaining fires included a variety
of ignition sources including heat
sources too close to the bed.
The cigarette ignition test has been in
effect since June of 1973. Thus, the
incident data discussed above reflect the
circumstances prevailing when a
standard emphasizing cigarette ignition
of mattresses has been in place. This is
not necessarily an accurate indication of
the risk of injury that would be present
if there were no cigarette ignition test in
the mattress standard.
The essential question for the
Commission in considering whether to
proceed with rulemaking to revoke the
standard (or amend it by eliminating
some requirements) is what effect such
revocation or modification would have
on the risk of death or injury from fire
due to cigarette ignition of mattresses.
The recently proposed mattress
flammability standard with its open
flame test would likely address some of
the risk of death and injury that is
currently prevented by the existing
mattress standard with its cigarette
ignition test. The question is how much
of the risk from cigarette ignition would
remain or recur once an open flame test
standard is in effect if there were no
cigarette ignition test standard.
E. Regulatory Alternatives
The Commission is issuing this ANPR
as it considers alternatives for the
current part 1632 standard. One
possible result could be (after notice of
proposed rulemaking) a final rule
revoking the existing mattress standard
in whole or in part (for example, leaving
in place the portion of the standard
applicable to mattress pads). Another
possible result (also after notice of
proposed rulemaking) could be a final
rule amending the existing mattress
standard to eliminate or modify some
requirements. A third alternative would
be to maintain the standard as it is.
With the issuance of this ANPR, the
Commission staff begins to evaluate the
continued need for the part 1632
standard and to assess the possibility of
modifying the standard to eliminate
unnecessary and burdensome
requirements in light of the proposed
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open flame test mattress standard. The
Commission asks for the public’s input
on issues relevant to this evaluation.
F. Invitation To Comment
In accordance with section 4(g) of the
FFA, the Commission invites comments
on this notice. Specifically, the
Commission invites the following types
of comments.
1. Comments concerning the risk of
injury identified in this notice, the
regulatory alternatives discussed above,
and other alternatives to address the risk
of injury;
2. The submission of an existing
standard or portion of a standard as a
proposed rule;
3. The submission of a statement of
intention to modify or develop a
voluntary standard to address the risk of
injury identified in the notice along
with a description of a plan to modify
or develop the standard.
In addition, the Commission is
interested in obtaining further
information about the following issues:
1. The likelihood that a mattress
conforming to the open flame test
standard proposed at 70 FR 2470 would
without further treatment or
modification automatically conform to
the existing requirements of 16 CFR part
1632, and the technical basis for such
assertion.
2. Methods that could be used to
identify smolder-prone materials/
constructions.
3. Measurements of room conditions
that could be produced by smoldering
ignition of materials used in mattresses
conforming to the proposed open flame
test standard (e.g., a very heavy
cellulosic ticking or layer of ‘‘untreated’’
cotton batting).
4. The necessity of retaining cigarette
ignition resistance requirements for
mattress pads (since there is no open
flame test standard proposed for them)
and the technical basis for such
assertion.
5. Any information on the material
and record-keeping costs that firms
(especially small firms) incur in meeting
the cigarette test standard.
Dated: June 17, 2005.
Todd Stevenson,
Secretary, U.S. Consumer Product Safety
Commission.
[FR Doc. 05–12387 Filed 6–22–05; 8:45 am]
BILLING CODE 6355–01–P
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36359
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Parts 4, 5, and 7
[Notice No. 48; Re: Notice No. 41]
RIN 1513–AB07
Labeling and Advertising of Wines,
Distilled Spirits and Malt Beverages;
Comment Period Extension
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Advance notice of proposed
rulemaking; extension of comment
period.
AGENCY:
SUMMARY: In response to industry
member requests, the Alcohol and
Tobacco Tax and Trade Bureau extends
the comment period for Notice No. 41,
Labeling and Advertising of Wines,
Distilled Spirits, and Malt Beverages, an
advance notice of proposed rulemaking
published in the Federal Register on
April 29, 2005, for an additional 90
days.
Written comments must be
received on or before September 26,
2005.
DATES:
You may send comments to
any of the following addresses:
• Chief, Regulations and Procedures
Division, Alcohol and Tobacco Tax and
Trade Bureau, Attn: Notice No. 41, P.O.
Box 14412, Washington, DC 20044–
4412.
• 202–927–8525 (facsimile).
• nprm@ttb.gov (e-mail).
• https://www.ttb.gov/alcohol/rules/
index.htm. An online comment form is
posted with this notice on our Web site.
• https://www.regulations.gov (Federal
e-rulemaking portal; follow instructions
for submitting comments).
You may view copies of this
extension notice, Notice No. 41, the
petitions, and any comments we receive
by appointment at the TTB Library,
1310 G Street, NW., Washington, DC
20220. To make an appointment, call
202–927–2400. You may also access
copies of this extension notice, Notice
No. 41, and the related comments online
at https://www.ttb.gov/alcohol/rules/
index.htm.
ADDRESSES:
Lisa
M. Gesser, Regulations and Procedures
Division, Alcohol and Tobacco Tax and
Trade Bureau, P.O. Box 128, Morganza,
MD 20660; (301) 290–1460.
SUPPLEMENTARY INFORMATION: On April
29, 2005, the Alcohol and Tobacco Tax
and Trade Bureau (TTB) published
Notice No. 41, Labeling and Advertising
FOR FURTHER INFORMATION CONTACT:
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]]>Agencies
[Federal Register Volume 70, Number 120 (Thursday, June 23, 2005)]
[Proposed Rules]
[Pages 36357-36359]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12387]
=======================================================================
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1632
Advance Notice of Proposed Rulemaking; Possible Revocation or
Amendment of Standard for the Flammability of Mattresses and Mattress
Pads (Cigarette Ignition)
AGENCY: Consumer Product Safety Commission.
ACTION: Advance notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Consumer Product Safety Commission (``CPSC'' or
``Commission'') is considering revoking or amending its existing
standard for the flammability of mattresses and mattress pads (16 CFR
part 1632). The Commission recently proposed a new standard addressing
the flammability of mattresses. Several commenters have suggested that
if and when the new standard takes effect, continuing the cigarette
ignition standard would be burdensome and unnecessary. With this
advance notice of proposed rulemaking, the Commission begins to assess
the need for continuing the existing mattress standard. The Commission
invites comments concerning the risk of injury identified in this
notice, the regulatory alternatives being considered, and other
possible alternatives. The Commission also invites submission of any
existing standard or statement of intention to modify or develop a
voluntary standard to address cigarette ignition of mattresses and
mattress pads.
DATES: Comments and submissions must be received by August 22, 2005.
ADDRESSES: Comments should be sent by e-mail to cpsc-os@cpsc.gov.
Comments should be captioned ``Mattress ANPR (Cigarette Ignition).''
Comments may also be mailed, preferably in five 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; telephone (301) 504-0800. Comments also may be filed by
facsimile to (301) 504-0127.
FOR FURTHER INFORMATION CONTACT: Margaret Neily, Directorate for
Engineering Sciences, Consumer Product Safety Commission, Washington,
DC 20207; telephone (301) 504-7530.
SUPPLEMENTARY INFORMATION:
A. Background
The Standard for the Flammability of Mattresses (and Mattress Pads)
(16 CFR part 1632) was issued by the Department of Commerce in 1972
under the authority of the Flammable Fabrics Act (``FFA''), 15 U.S.C.
1191 et seq. When the Commission was created, the responsibility for
issuing and amending flammability standards under the FFA was
transferred to the Commission. 15 U.S.C. 2079(b).
[[Page 36358]]
The standard sets forth a test to determine the ignition resistance
of a mattress or mattress pad when exposed to a lighted cigarette.
Lighted cigarettes are placed at specified locations on the surface of
a mattress (or mattress pad). The standard establishes pass/fail
criteria for the tests. The standard also requires manufacturers to
maintain records demonstrating compliance with the testing
requirements.
As originally issued, the standard required manufacturers to
perform both prototype and production testing. A prototype test is a
test of a mattress design before it is introduced into commerce. In
1984, the Commission amended the standard to eliminate the production
testing requirement and make certain other changes to the standard (49
FR 39790).
On January 13, 2005, the Commission issued a notice of proposed
rulemaking (``NPR'') proposing a new flammability standard for
mattresses and mattress and foundation sets (``mattress/set''). 70 FR
2470. The proposed standard requires, with certain exceptions, that
mattress manufacturers test specimens representative of each mattress/
set prototype before introducing a mattress/set into commerce. The test
is a full scale test based on research conducted by the National
Institute of Standards and Technology (``NIST''), in which a mattress
specimen is exposed to a pair of ``T'' shaped propane burners and
allowed to burn freely for a period of 30 minutes. Measurements are
taken, and the mattress/set must meet the specified test criteria for
the prototype to be acceptable. The proposed standard also contains
quality assurance and recordkeeping requirements.
Also on January 13, 2005, the Commission issued an advance notice
of proposed rulemaking (``ANPR'') initiating a rulemaking proceeding
for bedclothes. 70 FR 2514. The Commission described ``bedclothes''
broadly in the ANPR, noting that the term can include a variety of
products, such as sheets, blankets, mattress pads, pillows, comforters,
and similar products that are used as covering on a bed. The Commission
stated its intention to evaluate particular items that should be
included in or excluded from a proposed bedclothes standard as it
proceeds with the rulemaking. Thus, while mattress pads are not
included in the proposed mattress flammability standard, they could be
included in the bedclothes rulemaking.
The Commission has received comments suggesting that, considering
the Commission's intention to issue a new mattress flammability
standard, the Commission should revoke the existing mattress standard.
More specifically, commenters assert that the cigarette ignition test
will not be necessary once the open flame test is in place and that it
would be burdensome for industry to conduct the testing required by
both standards. In light of these comments, the Commission is issuing
this ANPR to begin consideration of whether the existing mattress
standard should be revoked or amended.
B. The Product
The mattress standard at 16 CFR part 1632 defines ``mattress'' as
``a ticking filled with a resilient material used alone or in
combination with other products intended or promoted for sleeping
upon.'' 16 CFR 1632.1(a). The definition further describes items that
are included in and excluded from the term ``mattress.''
According to the International Sleep Products Association
(``ISPA''), the top four producers of mattresses and foundations
account for almost 60 percent of total U.S. production. In 2001, there
were 639 establishments producing mattresses in the United States. ISPA
estimated that the total number of U.S. conventional mattress shipments
was 21.5 million in 2002, and is estimated to be 22.1 million in 2003
and 22.8 million in 2004. These estimates do not include futons, crib
mattresses, juvenile mattresses, sleep sofa inserts, or hybrid water
mattresses. These ``non-conventional'' sleep surfaces are estimated to
comprise about 10 percent of total annual shipments of all sleep
products. The value of mattress and foundation shipments in 2002,
according to ISPA, was $3.26 and $1.51 billion respectively.
The standard defines ``mattress pad'' as ``a thin, flat mat or
cushion and/or ticking filled with resilient material for use on top of
a mattress.'' 16 CFR 1632.1(b). Foam mattress pads may be made with a
flat surface, an ``egg crate'' design, or with ``memory foam'' that
contours to the body. Industry sources estimate that perhaps 4 to 5
million egg crate pads are sold annually. Memory pads, which retail for
$100 or more, sell about 3 million units annually.
C. Statutory Provisions
Section 4 of the FFA authorizes the Commission to initiate
proceedings for a flammability standard when it finds that such a
standard is ``needed to 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). That section also
sets forth the process by which the Commission can issue or amend a
flammability standard. The Commission first must issue an advance
notice of proposed rulemaking (``ANPR'') which: (1) Identifies the
fabric or product and the nature of the risk associated with the fabric
or product; (2) summarizes the regulatory alternatives under
consideration; (3) provides information about existing relevant
standards and reasons why the Commission does not preliminarily believe
that these standards are adequate; (4) invites interested persons to
submit comments concerning the identified risk of injury, regulatory
alternatives being considered, and other possible alternatives; (5)
invites submission of an existing standard or portion of a standard as
a proposed regulation; and (6) invites submission of a statement of
intention to modify or develop a voluntary standard to address the risk
of injury. 15 U.S.C. 1193(g).
If, after reviewing comments and submissions responding to the
ANPR, the Commission determines to continue the rulemaking proceeding,
it will issue a notice of proposed rulemaking. This notice must contain
the text of the proposed rule along with alternatives the Commission
has considered and a preliminary regulatory analysis. 15 U.S.C.
1193(i). Before issuing a final rule, the Commission must prepare a
final regulatory analysis, and it must make certain findings concerning
any relevant voluntary standard, the relationship of costs and benefits
of the rule, and the burden imposed by the regulation. Id. 1193(j). The
Commission also must provide an opportunity for interested persons to
make an oral presentation before the Commission issues a final rule.
Id. 1193(d).
The FFA does not explicitly address requirements or findings for
revoking a flammability standard or amending a standard to eliminate
requirements. To issue a standard the Commission must find that the
standard is needed to protect the public against an unreasonable risk
of death, personal injury or significant property damage due to the
occurrence of fire. Id. 1193(a). Thus, it appears reasonable for the
Commission, when revoking an FFA standard or eliminating certain
requirements, to make findings that the standard (or particular
requirement) is not necessary to protect against an unreasonable risk
of death or injury. In other words, elimination of the standard (or
certain requirements) would not result in an unreasonable risk.
D. Risk of Injury
As reported in the recent mattress NPR (70 FR 2472), the most
recent national fire loss estimates indicated that mattresses and
bedding were the
[[Page 36359]]
first items to ignite in 19,400 residential fires attended by the fire
service annually during 1995-1999 (based on data from the U.S. Fire
Administration's National Fire Incident Reporting System data and the
National Fire Protection Association's annual survey). These fires
resulted in 440 deaths, 2,230 injuries and $273.9 million in property
loss each year. Open flame ignition sources accounted for 35 percent of
these fires and smoking material sources accounted for 30 percent of
the fires. The remaining fires included a variety of ignition sources
including heat sources too close to the bed.
The cigarette ignition test has been in effect since June of 1973.
Thus, the incident data discussed above reflect the circumstances
prevailing when a standard emphasizing cigarette ignition of mattresses
has been in place. This is not necessarily an accurate indication of
the risk of injury that would be present if there were no cigarette
ignition test in the mattress standard.
The essential question for the Commission in considering whether to
proceed with rulemaking to revoke the standard (or amend it by
eliminating some requirements) is what effect such revocation or
modification would have on the risk of death or injury from fire due to
cigarette ignition of mattresses. The recently proposed mattress
flammability standard with its open flame test would likely address
some of the risk of death and injury that is currently prevented by the
existing mattress standard with its cigarette ignition test. The
question is how much of the risk from cigarette ignition would remain
or recur once an open flame test standard is in effect if there were no
cigarette ignition test standard.
E. Regulatory Alternatives
The Commission is issuing this ANPR as it considers alternatives
for the current part 1632 standard. One possible result could be (after
notice of proposed rulemaking) a final rule revoking the existing
mattress standard in whole or in part (for example, leaving in place
the portion of the standard applicable to mattress pads). Another
possible result (also after notice of proposed rulemaking) could be a
final rule amending the existing mattress standard to eliminate or
modify some requirements. A third alternative would be to maintain the
standard as it is.
With the issuance of this ANPR, the Commission staff begins to
evaluate the continued need for the part 1632 standard and to assess
the possibility of modifying the standard to eliminate unnecessary and
burdensome requirements in light of the proposed open flame test
mattress standard. The Commission asks for the public's input on issues
relevant to this evaluation.
F. Invitation To Comment
In accordance with section 4(g) of the FFA, the Commission invites
comments on this notice. Specifically, the Commission invites the
following types of comments.
1. Comments concerning the risk of injury identified in this
notice, the regulatory alternatives discussed above, and other
alternatives to address the risk of injury;
2. The submission of an existing standard or portion of a standard
as a proposed rule;
3. The submission of a statement of intention to modify or develop
a voluntary standard to address the risk of injury identified in the
notice along with a description of a plan to modify or develop the
standard.
In addition, the Commission is interested in obtaining further
information about the following issues:
1. The likelihood that a mattress conforming to the open flame test
standard proposed at 70 FR 2470 would without further treatment or
modification automatically conform to the existing requirements of 16
CFR part 1632, and the technical basis for such assertion.
2. Methods that could be used to identify smolder-prone materials/
constructions.
3. Measurements of room conditions that could be produced by
smoldering ignition of materials used in mattresses conforming to the
proposed open flame test standard (e.g., a very heavy cellulosic
ticking or layer of ``untreated'' cotton batting).
4. The necessity of retaining cigarette ignition resistance
requirements for mattress pads (since there is no open flame test
standard proposed for them) and the technical basis for such assertion.
5. Any information on the material and record-keeping costs that
firms (especially small firms) incur in meeting the cigarette test
standard.
Dated: June 17, 2005.
Todd Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 05-12387 Filed 6-22-05; 8:45 am]
BILLING CODE 6355-01-P
