Technical Amendment to the Flammability Standards for Carpets and Rugs, 60765-60767 [E7-20666]
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Federal Register / Vol. 72, No. 207 / Friday, October 26, 2007 / Rules and Regulations
Washington, DC 20207; telephone (301)
504–7536.
SUPPLEMENTARY INFORMATION:
September 15, 2007, is amended as
follows:
Paragraph 5000
Class D Airspace area.
*
*
*
*
*
AWP CA D Castle Airport, Atwater, CA
[Modified]
Castle Airport, Atwater, CA
(Lat. 37°22′50″ N., long. 120°34′05″ W.)
That airspace extending upward from the
surface to but not including 2,000 feet MSL
beginning at lat. 37°20′22″ N., long.
120°38′49″ W., and extending clockwise
around the 4.5-nautical mile radius of the
Castle Airport to lat. 37°20′02″ N., long.
120°29′39″ W., thence to the point of
beginning; and within 1.9 miles each side of
the El Nido VORTAC 320° radial from the
4.5-nautical mile radius to 17.6 miles from
the El Nido VORTAC. This Class D airspace
area is effective during the specific dates and
times established in advance by a Notice to
Airmen. The effective dates and times will
thereafter be continuously published in the
Airport/Facility Directory.
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Issued in Seattle, Washington, on
September 10, 2007.
Clark Desing,
Manager, System Support Group, Western
Service Center.
[FR Doc. 07–5262 Filed 10–25–07; 8:45 am]
BILLING CODE 4910–13–M
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Parts 1630 and 1631
Technical Amendment to the
Flammability Standards for Carpets
and Rugs
Consumer Product Safety
Commission.
ACTION: Final amendments.
rmajette on PROD1PC63 with RULES
AGENCY:
SUMMARY: The Commission is amending
the flammability standards for carpets
and rugs to remove the reference to Eli
Lilly Company Product No. 1588 in
Catalog No. 79, December 1, 1969, as the
standard ignition source and provide a
technical specification defining the
ignition source. The specification for the
standard ignition source is a timed
burning tablet, consisting of essentially
pure methenamine, with a nominal heat
of combustion value of 7180 calories/
gram, a mass of 150 mg +/¥5 mg, flat,
and a nominal diameter of 6 mm. The
amendment has an immediate effective
date.
DATES: The amendment is effective
October 26, 2007.
FOR FURTHER INFORMATION CONTACT:
Patricia K. Adair, Project Manager,
Directorate for Engineering Sciences,
Consumer Product Safety Commission,
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15:06 Oct 25, 2007
Jkt 214001
A. Background
The standards for surface
flammability of carpets and rugs appear
at 16 CFR parts 1630 and 1631. They
were codified and published in 1975, 40
FR 59931 and 59935 (December 30,
1975). The standards were originally
issued in 1970 by the Department of
Commerce under the authority of the
Flammable Fabrics Act (FFA). Subpart
A of 16 CFR parts 1630 and 1631 set
forth the standards. Subpart B contains
the implementing regulations of the
standards. Subpart C contains
alternative washing procedures for hide
carpets and rugs and wool flotaki
carpets and rugs. Subpart D of 16 CFR
part 1630 contains the staff
interpretations and policies.
16 CFR parts 1630 and 1631 establish
minimum acceptance criteria for the
surface flammability of carpets and rugs
when exposed to a standard small
source of ignition, a burning
methenamine tablet, under prescribed
conditions (the ‘‘pill test’’). These
standards reduce the risks of death,
personal injury, and property damage
associated with fires that result from the
surface ignition of carpets and rugs.
Both standards require a timed
burning tablet as the standard ignition
source for flammability performance
testing. The standards define the
ignition source at 1630.1(f) and 1631.1(f)
as a methenamine tablet, weighing
approximately 0.149 grams (2.30 grains),
sold as Product No. 1588 in Catalog No.
79, December 1, 1969 by the Eli Lilly
Company, or an equal tablet.
In April 2002, Commission staff
learned that the Eli Lilly Company was
no longer producing the methenamine
tablets specified in the carpet and rug
standards. Although the standards allow
for the use of ‘‘an equal’’ methenamine
tablet and give parameters for chemical
composition and weight of the tablet,
they do not provide any guidance on
determining whether tablets from
alternative sources are ‘‘equal’’ to those
manufactured by the Eli Lilly Company.
In July 2003, CPSC staff met with
representatives of the Carpet and Rug
Institute (CRI) to discuss evaluation of
alternative methenamine tablets for use
in 16 CFR part 1630 and Part 1631. CRI
members were experiencing differing
test results using the old Eli Lilly tablets
and currently available tablets. CRI
members had begun to study the various
characteristics of the current tablets. In
one case, about 50% of one
manufacturer’s tablets were found
broken in the bottle, with others
PO 00000
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Fmt 4700
Sfmt 4700
60765
breaking later. This problem was
attributed to the tablets having a domed
top. The problem has since been
corrected with a flat tablet.
CRI urged the Commission to specify
clearly the characteristics of the ‘‘equal’’
tablets that should be used for
determining compliance to the carpet
and rug standards. In an effort to make
such a determination, the Commission
staff conducted a comparison study to
evaluate the weight, chemical
composition, and combustion
characteristics of presently available
brands of methenamine tablets relative
to each other and those produced by the
Eli Lilly Company. The outcome of the
study indicated that tablets consisting of
essentially pure methenamine, having a
heat of combustion value of
approximately 7180 calories/gram and
weighing approximately 0.149 grams
may be considered equivalent to the
tablets produced by the Eli Lilly
Company and referenced in the
regulation.
On July 29, 2004, the Commission’s
Office of Compliance issued a letter to
industry in response to inquiries
received by the CPSC staff regarding the
equivalency of methenamine tablets
formerly manufactured by the Eli Lilly
Company and similar tablets currently
produced by other manufacturers. The
letter stated that the Commission staff
determined that tablets consisting of
essentially pure methenamine and
weighing approximately 0.149 grams
may be considered equivalent to the
tablets formerly produced by the Eli
Lilly Company. Therefore, tablets
meeting these criteria may be used for
purposes of determining conformance
with the carpet and rug standards.
B. Amending the Flammability
Standards
1. Outcome of Commission Testing
As mentioned above, the Eli Lilly
Company is no longer producing the
methenamine tablets specified in the
carpet and rug standards. The standards
allow for the use of ‘‘an equal’’
methenamine tablet and give parameters
for chemical composition and weight of
the tablet, but they do not provide any
guidance on determining whether
tablets from the alternative sources are
‘‘equal’’ to those manufactured by the
Eli Lilly Company. The Commission
staff conducted a comparison study to
evaluate the weight, chemical
composition, and combustion
characteristics of presently available
brands of methenamine tablets relative
to each other and those produced by the
Eli Lilly Company. The outcome of the
Commission’s comparative study
E:\FR\FM\26OCR1.SGM
26OCR1
60766
Federal Register / Vol. 72, No. 207 / Friday, October 26, 2007 / Rules and Regulations
indicated that tablets consisting of
essentially pure methenamine, having a
heat of combustion value of
approximately 7,180 calories/gram and
weighing approximately 0.149 grams
may be considered equivalent to the
tablets produced by the Eli Lilly
Company and referenced in the
regulation.
rmajette on PROD1PC63 with RULES
2. Proposed Amendment
On November 13, 2006, the
Commission issued a Federal Register
notice to amend the flammability
standards for carpets and rugs to remove
the reference to the Eli Lilly Company’s
tablet as the standard ignition source
and provide a generic specification
defining the ignition source at
§ 1630.1(f) and § 1631.1(f) and solicited
public comments. The Commission
received one comment in support of the
proposal, and one objecting to
flammability testing as a mandatory
requirement and recommending that
compliance with the standards be
voluntary to avoid potential trade
restrictions on woolen rugs.
On January 12, 2007, the Commission
issued a Federal Register notice
providing interested persons the
opportunity for oral or written
presentations regarding the proposed
technical amendment to the
flammability standards for carpets and
rugs. No responses to the Federal
Register notice were received.
3. Final Rule
The carpet and rug flammability
standards were issued under section 4
of the FFA (15 U.S.C. 1193), which
authorizes the issuance or amendment
of flammability standards to protect the
public against unreasonable risks of fire
leading to death, personal injury, or
significant property damage. As
required by section 4(b) of the FFA, both
standards are based on findings that
they are needed to adequately protect
the public against the unreasonable risk
of the occurrence of fire leading to
death, personal injury, or significant
property damage.
Section 4(j)(1) of the Flammable
Fabrics Act requires the Commission to
prepare a final regulatory analysis
before issuing a final rule. The
regulatory analysis must contain a
description of the potential benefits and
costs of the regulation, a description of
any alternatives to the final regulation,
and a summary of any significant issues
raised by the comments submitted
during the public comment period. The
Commission must also find that the
benefits expected from the rule bear a
reasonable relationship to its costs and
that the rule imposes the least
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15:06 Oct 25, 2007
Jkt 214001
burdensome requirement which
prevents or adequately reduces the risk
of injury for which the regulation is
being promulgated. 15 U.S.C. 1193(j)(2).
Potential Costs and Benefits
Since 2002, when production of the
previous methenamine tablet was
discontinued by its manufacturer,
producers and importers of carpets and
rugs that comply with the standards
have been performing tests with
‘‘equivalent’’ methenamine tablets. The
technical amendment will, therefore,
maintain current industry practice. The
technical amendment to redefine the
methenamine tablet will have no
significant impact on expected benefits
or costs of the flammability standards
for carpets and rugs.
4. Comments
The Commission received two
comments on the proposed rule. The
American Fiber Manufacturers
Associated supported the technical
amendment as proposed. The
Permanent Mission of India to the
World Trade Organization objected to
flammability as a mandatory
requirement and recommended that
compliance with the standards be
voluntary to avoid potential trade
restrictions on woolen rugs. The
Commission notes that the standards
have been in effect since 1970; the
amendment only provides a generic
specification for the ignition source and
will not alter the overall scope of the
standards. Thus, the amendment will
have no impact on U.S. or international
trade.
Review of Other Existing Standards
The Commission staff is aware of one
U.S. voluntary standard regarding the
type of ignition source to be used in
testing the flammability of carpets and
rugs. This standard, ASTM D2859–04,
‘‘Standard Test Method for Ignition
Characteristics of Finished Textile Floor
Covering Materials,’’ describes the use
of the Eli Lilly Tablet as satisfactory. It
also states that ‘‘normal variation in the
weight of the different tablets will not
affect the test results.’’
There is an existing international
voluntary standard developed by the
International Organization for
Standardization in 1982 (ISO 6925), that
describes a tablet test for the
flammability of textile floor coverings.
The prescribed tablets are of
‘‘hexamethylenetetramine, flat, having a
mass of 150mg (plus or minus 5mg) and
a diameter of 6mm.’’ The allowable
variance is about 3.3%. The mass
expressed in ISO 6925 is essentially
equivalent to that specified in the U.S.
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
Standards under the FFA. While the ISO
standard did not identify the Eli Lilly
tablet, it noted that the tablets were
commercially available. Thus, the ISOspecified tablet is equivalent to the Eli
Lilly tablet in its specifications.
Canada’s 1973 mandatory standard for
carpets and textile floor coverings under
the Hazardous Products Act, CGSB 4–
GP–2, also specifies in its appendix the
Eli Lilly tablet as the ignition source. It
notes that ‘‘normal variation in weight
* * * will not affect the test results.’’
5. Effective Date
Section 4(b) of the FFA (15 U.S.C.
1193(b)) provides that an amendment of
a flammability standard shall become
effective one year from the date it is
promulgated, unless the Commission
finds for good cause that an earlier or
later effective date is in the public
interest, and publishes that finding.
Because manufacturers are already
using ‘‘equal’’ methenamine tablets as
allowed by the current standards, the
Commission finds that an immediate
effective date upon publication of the
amendments is appropriate.
C. Other Issues
1. Impact on Small Businesses
In accordance with section 605(b) of
the Regulatory Flexibility Act (5 U.S.C.
605(b)), in the proposed rule, the
Commission preliminarily certified that
these amendments to the carpet and rug
flammability standards would not have
a significant economic impact on a
substantial number of small entities,
including small businesses. 71 FR
66,145. No information available to the
Commission since the issuance of the
proposed rule warrants changing this
preliminary certification. The
amendments keep current industry
practices and procedures in place. No
additional actions will be required of
small entities. Based on available
information, there will be little or no
effect on small producers of carpets and
rugs, since the standards already require
that all carpets and rugs meet the
criteria of the tests, and, given the
equivalence of the test tablets, the
results of the tests should be the same.
Accordingly, the Commission certifies
that this final rule will not have a
significant economic impact on a
substantial number of small entities.
2. Environmental Considerations
The amendments fall within the
categories of Commission actions
described at 16 CFR 1021.5(c) that have
little or no potential for affecting the
human environment. The amendments
are not expected to have a significant
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Federal Register / Vol. 72, No. 207 / Friday, October 26, 2007 / Rules and Regulations
effect on production processes or on the
types or amounts of materials used for
the manufacture of carpets and rugs.
The amendments will not render
existing inventories unsalable, or
require destruction of existing goods.
The Commission has no information
indicating any special circumstances in
which these amendments may affect the
human environment. For that reason, as
discussed in the proposed rule, neither
an environmental assessment nor an
environmental impact statement is
required. 71 FR 66145.
3. Executive Order 12988
Executive Order 12988, Civil Justice
Reform, (February 5, 1996), requires that
the Commission specify the preemptive
effect, if any, to be given each new
regulation. This technical amendment
does not alter the preemptive effect of
the underlying regulation.
List of Subjects in 16 CFR Parts 1630
and 1631
Carpets, Consumer protection,
Flammable materials, Floor coverings,
Labeling, Records, Rugs, Textiles,
Warranties.
Conclusion
Therefore, pursuant to the authority of
section 30(b) of the Consumer Product
Safety Act (15 U.S.C. 2079(b)) and
sections 4 and 5 of the Flammable
Fabrics Act (15 U.S.C. 1193, 1194), the
Commission hereby amends title 16 of
the Code of Federal Regulations,
Chapter II, Subchapter D, parts 1630 and
1631 to read as follows:
I
PART 1630—STANDARD FOR THE
SURFACE FLAMMABILITY OF
CARPETS AND RUGS
1. The authority for subpart A of part
1630 continues to read as follows:
I
Authority: Sec. 4, 67 Stat. 112, as
amended, 81 Stat. 569–570; 15 U.S.C. 1193.
2. Section 1630.1(f) is revised to read
as follows:
I
§ 1630.1
Definitions.
rmajette on PROD1PC63 with RULES
*
*
*
*
*
(f) Timed Burning Tablet (pill) means
a methenamine tablet, flat, with a
nominal heat of combustion value of
7180 calories/gram, a mass of 150 mg +/
¥5mg and a nominal diameter of 6mm.
*
*
*
*
*
I 3. Section 1630.4 is amended by
revising the first sentence of paragraph
(a) (3) to read as follows:
§ 1630.4
Test procedure.
(a) * * *
(3) Standard igniting source. A
methenamine tablet, flat, with a
VerDate Aug<31>2005
15:06 Oct 25, 2007
Jkt 214001
nominal heat of combustion value of
7180 calories/gram, a mass of 150 mg +/
¥5 mg and a nominal diameter of 6mm.
* * *
PART 1631—STANDARD FOR THE
SURFACE FLAMMABILITY OF SMALL
CARPETS AND RUGS
1. The authority for subpart A of part
1631 continues to read as follows:
I
Authority: Sec. 4, 67 Stat. 112, as
amended, 81 Stat. 569–570; 15 U.S.C. 1193.
2. Section 1631.1(f) is revised to read
as follows:
I
§ 1631.1
Definitions.
*
*
*
*
*
(f) Timed Burning Tablet (pill) means
a methenamine tablet, flat, with a
nominal heat of combustion value of
7180 calories/gram, a mass of 150 mg +/
¥5mg and a nominal diameter of 6mm.
*
*
*
*
*
I 3. Section 1631.4 is amended by
revising the first sentence of paragraph
(a)(3) to read as follows:
§ 1631.4
Test procedure.
(a) * * *
(3) Standard igniting source. A
methenamine tablet, flat, with a
nominal heat of combustion value of
7180 calories/gram, a mass of 150 mg +/
¥5 mg and a nominal diameter of 6mm.
* * *
Dated: October 16, 2007.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
List of Relevant Documents
1. ‘‘Briefing Package: Technical
Amendment to the Flammability Standards
for Carpets and Rugs, 16 CFR part 1630 and
16 CFR part 1631,’’ U.S. Consumer Product
Safety Commission, October 3, 2006.
2. Technical Amendment to the
Flammability Standards for Carpets and
Rugs; Proposed Amendments, 71 FR 66145
(November 13, 2006).
3. Proposed Technical Amendment to the
Flammability Standards for Carpets and
Rugs; Notice of Opportunity for Oral
Comment, 72 FR 1472 (January 12, 2007).
[FR Doc. E7–20666 Filed 10–25–07; 8:45 am]
BILLING CODE 6355–01–P
COMMODITY FUTURES TRADING
COMMISSION
17 CFR Part 18
RIN 3038–AC22
Maintenance of Books, Records and
Reports by Traders
Commodity Futures Trading
Commission.
AGENCY:
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
ACTION:
60767
Final rule.
SUMMARY: The Commodity Futures
Trading Commission (Commission) is
amending Commission Regulation 18.05
in two respects: to make it explicit that
persons holding or controlling
reportable positions on a designated
contract market (DCM) or derivatives
transaction execution facility (DTEF)
must retain books and records and make
available to the Commission upon
request any pertinent information with
respect to all other positions and
transactions in the commodity in which
the trader has a reportable position,
including positions held or controlled
or transactions executed on all reporting
markets, over-the-counter (OTC) and/or
pursuant to Sections 2(d), 2(g) or
2(h)(1)–(2) of the Commodity Exchange
Act (Act) or Part 35 of the Commission’s
regulations, on exempt commercial
markets operating pursuant to Sections
2(h)(3)–(5) of the Act (ECMs), on exempt
boards of trade operating pursuant to
Section 5d of the Act (EBOTs), and on
foreign boards of trade (FBOTs); and to
make the regulation clearer and more
complete with respect to hedging
activity. The amendments will enhance
the Commission’s ability to deter and
prevent price manipulation or any other
disruptions to the integrity of the
regulated futures markets, help to
ensure the avoidance of systemic risk,
and clarify the meaning of the
regulation.
DATES: Effective Date: November 26,
2007.
FOR FURTHER INFORMATION CONTACT:
Duane C. Andresen, Special Counsel,
Division of Market Oversight,
Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street, NW., Washington, DC
20581. Telephone 202–418–5492; e-mail
dandresen@cftc.gov.
SUPPLEMENTARY INFORMATION:
I. Purpose of Regulation 18.05 and
Statutory Basis
Section 3(b) of the Act 1 declares that
the purpose of the Act is to, among
1 7 U.S.C. § 5(b) (2007). § 3(b) of the Act provides
in full:
It is the purpose of this chapter to serve the
public interests described in subsection (a) of this
section through a system of effective self-regulation
of trading facilities, clearing systems, market
participants and market professionals under the
oversight of the Commission. To foster these public
interests, it is further the purpose of this chapter to
deter and prevent price manipulation or any other
disruptions to market integrity; to ensure the
financial integrity of all transactions subject to this
chapter and the avoidance of systemic risk; to
protect all market participants from fraudulent or
other abusive sales practices and misuses of
E:\FR\FM\26OCR1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 207 (Friday, October 26, 2007)]
[Rules and Regulations]
[Pages 60765-60767]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-20666]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Parts 1630 and 1631
Technical Amendment to the Flammability Standards for Carpets and
Rugs
AGENCY: Consumer Product Safety Commission.
ACTION: Final amendments.
-----------------------------------------------------------------------
SUMMARY: The Commission is amending the flammability standards for
carpets and rugs to remove the reference to Eli Lilly Company Product
No. 1588 in Catalog No. 79, December 1, 1969, as the standard ignition
source and provide a technical specification defining the ignition
source. The specification for the standard ignition source is a timed
burning tablet, consisting of essentially pure methenamine, with a
nominal heat of combustion value of 7180 calories/gram, a mass of 150
mg +/-5 mg, flat, and a nominal diameter of 6 mm. The amendment has an
immediate effective date.
DATES: The amendment is effective October 26, 2007.
FOR FURTHER INFORMATION CONTACT: Patricia K. Adair, Project Manager,
Directorate for Engineering Sciences, Consumer Product Safety
Commission, Washington, DC 20207; telephone (301) 504-7536.
SUPPLEMENTARY INFORMATION:
A. Background
The standards for surface flammability of carpets and rugs appear
at 16 CFR parts 1630 and 1631. They were codified and published in
1975, 40 FR 59931 and 59935 (December 30, 1975). The standards were
originally issued in 1970 by the Department of Commerce under the
authority of the Flammable Fabrics Act (FFA). Subpart A of 16 CFR parts
1630 and 1631 set forth the standards. Subpart B contains the
implementing regulations of the standards. Subpart C contains
alternative washing procedures for hide carpets and rugs and wool
flotaki carpets and rugs. Subpart D of 16 CFR part 1630 contains the
staff interpretations and policies.
16 CFR parts 1630 and 1631 establish minimum acceptance criteria
for the surface flammability of carpets and rugs when exposed to a
standard small source of ignition, a burning methenamine tablet, under
prescribed conditions (the ``pill test''). These standards reduce the
risks of death, personal injury, and property damage associated with
fires that result from the surface ignition of carpets and rugs.
Both standards require a timed burning tablet as the standard
ignition source for flammability performance testing. The standards
define the ignition source at 1630.1(f) and 1631.1(f) as a methenamine
tablet, weighing approximately 0.149 grams (2.30 grains), sold as
Product No. 1588 in Catalog No. 79, December 1, 1969 by the Eli Lilly
Company, or an equal tablet.
In April 2002, Commission staff learned that the Eli Lilly Company
was no longer producing the methenamine tablets specified in the carpet
and rug standards. Although the standards allow for the use of ``an
equal'' methenamine tablet and give parameters for chemical composition
and weight of the tablet, they do not provide any guidance on
determining whether tablets from alternative sources are ``equal'' to
those manufactured by the Eli Lilly Company. In July 2003, CPSC staff
met with representatives of the Carpet and Rug Institute (CRI) to
discuss evaluation of alternative methenamine tablets for use in 16 CFR
part 1630 and Part 1631. CRI members were experiencing differing test
results using the old Eli Lilly tablets and currently available
tablets. CRI members had begun to study the various characteristics of
the current tablets. In one case, about 50% of one manufacturer's
tablets were found broken in the bottle, with others breaking later.
This problem was attributed to the tablets having a domed top. The
problem has since been corrected with a flat tablet.
CRI urged the Commission to specify clearly the characteristics of
the ``equal'' tablets that should be used for determining compliance to
the carpet and rug standards. In an effort to make such a
determination, the Commission staff conducted a comparison study to
evaluate the weight, chemical composition, and combustion
characteristics of presently available brands of methenamine tablets
relative to each other and those produced by the Eli Lilly Company. The
outcome of the study indicated that tablets consisting of essentially
pure methenamine, having a heat of combustion value of approximately
7180 calories/gram and weighing approximately 0.149 grams may be
considered equivalent to the tablets produced by the Eli Lilly Company
and referenced in the regulation.
On July 29, 2004, the Commission's Office of Compliance issued a
letter to industry in response to inquiries received by the CPSC staff
regarding the equivalency of methenamine tablets formerly manufactured
by the Eli Lilly Company and similar tablets currently produced by
other manufacturers. The letter stated that the Commission staff
determined that tablets consisting of essentially pure methenamine and
weighing approximately 0.149 grams may be considered equivalent to the
tablets formerly produced by the Eli Lilly Company. Therefore, tablets
meeting these criteria may be used for purposes of determining
conformance with the carpet and rug standards.
B. Amending the Flammability Standards
1. Outcome of Commission Testing
As mentioned above, the Eli Lilly Company is no longer producing
the methenamine tablets specified in the carpet and rug standards. The
standards allow for the use of ``an equal'' methenamine tablet and give
parameters for chemical composition and weight of the tablet, but they
do not provide any guidance on determining whether tablets from the
alternative sources are ``equal'' to those manufactured by the Eli
Lilly Company. The Commission staff conducted a comparison study to
evaluate the weight, chemical composition, and combustion
characteristics of presently available brands of methenamine tablets
relative to each other and those produced by the Eli Lilly Company. The
outcome of the Commission's comparative study
[[Page 60766]]
indicated that tablets consisting of essentially pure methenamine,
having a heat of combustion value of approximately 7,180 calories/gram
and weighing approximately 0.149 grams may be considered equivalent to
the tablets produced by the Eli Lilly Company and referenced in the
regulation.
2. Proposed Amendment
On November 13, 2006, the Commission issued a Federal Register
notice to amend the flammability standards for carpets and rugs to
remove the reference to the Eli Lilly Company's tablet as the standard
ignition source and provide a generic specification defining the
ignition source at Sec. 1630.1(f) and Sec. 1631.1(f) and solicited
public comments. The Commission received one comment in support of the
proposal, and one objecting to flammability testing as a mandatory
requirement and recommending that compliance with the standards be
voluntary to avoid potential trade restrictions on woolen rugs.
On January 12, 2007, the Commission issued a Federal Register
notice providing interested persons the opportunity for oral or written
presentations regarding the proposed technical amendment to the
flammability standards for carpets and rugs. No responses to the
Federal Register notice were received.
3. Final Rule
The carpet and rug flammability standards were issued under section
4 of the FFA (15 U.S.C. 1193), which authorizes the issuance or
amendment of flammability standards to protect the public against
unreasonable risks of fire leading to death, personal injury, or
significant property damage. As required by section 4(b) of the FFA,
both standards are based on findings that they are needed to adequately
protect the public against the unreasonable risk of the occurrence of
fire leading to death, personal injury, or significant property damage.
Section 4(j)(1) of the Flammable Fabrics Act requires the
Commission to prepare a final regulatory analysis before issuing a
final rule. The regulatory analysis must contain a description of the
potential benefits and costs of the regulation, a description of any
alternatives to the final regulation, and a summary of any significant
issues raised by the comments submitted during the public comment
period. The Commission must also find that the benefits expected from
the rule bear a reasonable relationship to its costs and that the rule
imposes the least burdensome requirement which prevents or adequately
reduces the risk of injury for which the regulation is being
promulgated. 15 U.S.C. 1193(j)(2).
Potential Costs and Benefits
Since 2002, when production of the previous methenamine tablet was
discontinued by its manufacturer, producers and importers of carpets
and rugs that comply with the standards have been performing tests with
``equivalent'' methenamine tablets. The technical amendment will,
therefore, maintain current industry practice. The technical amendment
to redefine the methenamine tablet will have no significant impact on
expected benefits or costs of the flammability standards for carpets
and rugs.
4. Comments
The Commission received two comments on the proposed rule. The
American Fiber Manufacturers Associated supported the technical
amendment as proposed. The Permanent Mission of India to the World
Trade Organization objected to flammability as a mandatory requirement
and recommended that compliance with the standards be voluntary to
avoid potential trade restrictions on woolen rugs. The Commission notes
that the standards have been in effect since 1970; the amendment only
provides a generic specification for the ignition source and will not
alter the overall scope of the standards. Thus, the amendment will have
no impact on U.S. or international trade.
Review of Other Existing Standards
The Commission staff is aware of one U.S. voluntary standard
regarding the type of ignition source to be used in testing the
flammability of carpets and rugs. This standard, ASTM D2859-04,
``Standard Test Method for Ignition Characteristics of Finished Textile
Floor Covering Materials,'' describes the use of the Eli Lilly Tablet
as satisfactory. It also states that ``normal variation in the weight
of the different tablets will not affect the test results.''
There is an existing international voluntary standard developed by
the International Organization for Standardization in 1982 (ISO 6925),
that describes a tablet test for the flammability of textile floor
coverings. The prescribed tablets are of ``hexamethylenetetramine,
flat, having a mass of 150mg (plus or minus 5mg) and a diameter of
6mm.'' The allowable variance is about 3.3%. The mass expressed in ISO
6925 is essentially equivalent to that specified in the U.S. Standards
under the FFA. While the ISO standard did not identify the Eli Lilly
tablet, it noted that the tablets were commercially available. Thus,
the ISO-specified tablet is equivalent to the Eli Lilly tablet in its
specifications.
Canada's 1973 mandatory standard for carpets and textile floor
coverings under the Hazardous Products Act, CGSB 4-GP-2, also specifies
in its appendix the Eli Lilly tablet as the ignition source. It notes
that ``normal variation in weight * * * will not affect the test
results.''
5. Effective Date
Section 4(b) of the FFA (15 U.S.C. 1193(b)) provides that an
amendment of a flammability standard shall become effective one year
from the date it is promulgated, unless the Commission finds for good
cause that an earlier or later effective date is in the public
interest, and publishes that finding. Because manufacturers are already
using ``equal'' methenamine tablets as allowed by the current
standards, the Commission finds that an immediate effective date upon
publication of the amendments is appropriate.
C. Other Issues
1. Impact on Small Businesses
In accordance with section 605(b) of the Regulatory Flexibility Act
(5 U.S.C. 605(b)), in the proposed rule, the Commission preliminarily
certified that these amendments to the carpet and rug flammability
standards would not have a significant economic impact on a substantial
number of small entities, including small businesses. 71 FR 66,145. No
information available to the Commission since the issuance of the
proposed rule warrants changing this preliminary certification. The
amendments keep current industry practices and procedures in place. No
additional actions will be required of small entities. Based on
available information, there will be little or no effect on small
producers of carpets and rugs, since the standards already require that
all carpets and rugs meet the criteria of the tests, and, given the
equivalence of the test tablets, the results of the tests should be the
same. Accordingly, the Commission certifies that this final rule will
not have a significant economic impact on a substantial number of small
entities.
2. Environmental Considerations
The amendments fall within the categories of Commission actions
described at 16 CFR 1021.5(c) that have little or no potential for
affecting the human environment. The amendments are not expected to
have a significant
[[Page 60767]]
effect on production processes or on the types or amounts of materials
used for the manufacture of carpets and rugs. The amendments will not
render existing inventories unsalable, or require destruction of
existing goods. The Commission has no information indicating any
special circumstances in which these amendments may affect the human
environment. For that reason, as discussed in the proposed rule,
neither an environmental assessment nor an environmental impact
statement is required. 71 FR 66145.
3. Executive Order 12988
Executive Order 12988, Civil Justice Reform, (February 5, 1996),
requires that the Commission specify the preemptive effect, if any, to
be given each new regulation. This technical amendment does not alter
the preemptive effect of the underlying regulation.
List of Subjects in 16 CFR Parts 1630 and 1631
Carpets, Consumer protection, Flammable materials, Floor coverings,
Labeling, Records, Rugs, Textiles, Warranties.
Conclusion
0
Therefore, pursuant to the authority of section 30(b) of the Consumer
Product Safety Act (15 U.S.C. 2079(b)) and sections 4 and 5 of the
Flammable Fabrics Act (15 U.S.C. 1193, 1194), the Commission hereby
amends title 16 of the Code of Federal Regulations, Chapter II,
Subchapter D, parts 1630 and 1631 to read as follows:
PART 1630--STANDARD FOR THE SURFACE FLAMMABILITY OF CARPETS AND
RUGS
0
1. The authority for subpart A of part 1630 continues to read as
follows:
Authority: Sec. 4, 67 Stat. 112, as amended, 81 Stat. 569-570;
15 U.S.C. 1193.
0
2. Section 1630.1(f) is revised to read as follows:
Sec. 1630.1 Definitions.
* * * * *
(f) Timed Burning Tablet (pill) means a methenamine tablet, flat,
with a nominal heat of combustion value of 7180 calories/gram, a mass
of 150 mg +/-5mg and a nominal diameter of 6mm.
* * * * *
0
3. Section 1630.4 is amended by revising the first sentence of
paragraph (a) (3) to read as follows:
Sec. 1630.4 Test procedure.
(a) * * *
(3) Standard igniting source. A methenamine tablet, flat, with a
nominal heat of combustion value of 7180 calories/gram, a mass of 150
mg +/-5 mg and a nominal diameter of 6mm. * * *
PART 1631--STANDARD FOR THE SURFACE FLAMMABILITY OF SMALL CARPETS
AND RUGS
0
1. The authority for subpart A of part 1631 continues to read as
follows:
Authority: Sec. 4, 67 Stat. 112, as amended, 81 Stat. 569-570;
15 U.S.C. 1193.
0
2. Section 1631.1(f) is revised to read as follows:
Sec. 1631.1 Definitions.
* * * * *
(f) Timed Burning Tablet (pill) means a methenamine tablet, flat,
with a nominal heat of combustion value of 7180 calories/gram, a mass
of 150 mg +/-5mg and a nominal diameter of 6mm.
* * * * *
0
3. Section 1631.4 is amended by revising the first sentence of
paragraph (a)(3) to read as follows:
Sec. 1631.4 Test procedure.
(a) * * *
(3) Standard igniting source. A methenamine tablet, flat, with a
nominal heat of combustion value of 7180 calories/gram, a mass of 150
mg +/-5 mg and a nominal diameter of 6mm. * * *
Dated: October 16, 2007.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
List of Relevant Documents
1. ``Briefing Package: Technical Amendment to the Flammability
Standards for Carpets and Rugs, 16 CFR part 1630 and 16 CFR part
1631,'' U.S. Consumer Product Safety Commission, October 3, 2006.
2. Technical Amendment to the Flammability Standards for Carpets
and Rugs; Proposed Amendments, 71 FR 66145 (November 13, 2006).
3. Proposed Technical Amendment to the Flammability Standards
for Carpets and Rugs; Notice of Opportunity for Oral Comment, 72 FR
1472 (January 12, 2007).
[FR Doc. E7-20666 Filed 10-25-07; 8:45 am]
BILLING CODE 6355-01-P
