Standard for the Flammability of Upholstered Furniture, 18491-18493 [2021-06976]
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Federal Register / Vol. 86, No. 67 / Friday, April 9, 2021 / Proposed Rules
Regulatory Notices and Analyses
Availability and Summary of
Documents for Incorporation by
Reference
This document proposes to amend
FAA Order 7400.11E, Airspace
Designations and Reporting Points,
dated July 21, 2020, and effective
September 15, 2020. FAA Order
7400.11E is publicly available as listed
in the ADDRESSES section of this
document. FAA Order 7400.11E lists
Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting
points.
The Proposal
The FAA is proposing an amendment
to 14 CFR part 71 by modifying the
Class E airspace, extending upward
from 700 feet above the surface, at
Anaktuvuk Pass Airport, Anaktuvuk
Pass, AK. This airspace is designed to
contain IFR departures to 1,200 feet
above the surface and IFR arrivals
descending below 1,500 feet above the
surface. To properly contain IFR aircraft
arriving and departing from the airport,
this action proposes to reduce the
airspace’s circular radius of the airport
from 6.4 miles to 4 miles. Also, three
areas should be added to the 4-mile
radius to ensure proper containment of
IFR aircraft. Two areas should be added
northeast of the airport and one area
should be added southwest of the
airport.
This action also proposes to add an
area of Class E airspace extending
upward from 1,200 feet above the
surface. This airspace is designed to
contain IFR aircraft transitioning to/
from the terminal and en route
environments. This airspace area would
be a 54-mile radius of the airport.
Further, this action proposes to
remove the Anaktuvuk Pass NDB from
the Class E’s text header and airspace
description. The navigational aid
(NAVAID) is not needed to define the
airspace and removal of the NAVAID
simplifies the airspace’s description.
Lastly, the action proposes to update
the airport’s geographical coordinates to
match the FAA’s database. The
coordinates should be updated to (lat.
68°08′01″ N, long. 151°44′36″ W).
Class E5 airspace designations are
published in paragraph 6005 of FAA
Order 7400.11E, dated July 21, 2020,
and effective September 15, 2020, which
is incorporated by reference in 14 CFR
71.1. The Class E airspace designations
listed in this document will be
published subsequently in the Order.
FAA Order 7400.11, Airspace
Designations and Reporting Points, is
published yearly and effective on
September 15.
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17:14 Apr 08, 2021
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The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current, is non-controversial, and
unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule, when
promulgated, would not have a
significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
18491
AAL AK E5 Anaktuvuk Pass, AK
[Amended]
Anaktuvuk Pass Airport, AK
(Lat. 68°08′01″ N, long. 151°44′36″ W)
That airspace extending upward from 700
feet above the surface within a 4-mile radius
of the airport, and within 1.0 mile west and
1.2 miles east of the 022° bearing from the
airport, extending from the 4-mile radius to
23.7 miles north of the airport, and within
2.4 miles west and 1.8 miles east of the 038°
bearing from the airport, extending from the
4-mile radius to 13 miles northeast of the
airport, and within 1 mile each side of the
233° bearing from the airport, extending from
the 4-mile radius to 4.5 miles southwest of
the airport; and that airspace extending
upward from 1,200 feet above the surface
within a 54-mile radius of the airport.
Issued in Des Moines, Washington, on
April 2, 2021.
B.G. Chew,
Acting Group Manager, Operations Support
Group, Western Service Center.
[FR Doc. 2021–07209 Filed 4–8–21; 8:45 am]
BILLING CODE 4910–13–P
Environmental Review
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1F,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Proposed Amendment
Accordingly, pursuant to the
authority delegated to me, the Federal
Aviation Administration proposes to
amend 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
Part 71 continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g), 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11E,
Airspace Designations and Reporting
Points, dated July 21, 2020, and
effective September 15, 2020, is
amended as follows:
■
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
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CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Part 1640
[Docket No. CPSC–2021–0007]
Standard for the Flammability of
Upholstered Furniture
U.S. Consumer Product Safety
Commission.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Consumer Product Safety
Commission (Commission or CPSC) is
proposing to codify in the Code of
Federal Regulations the statutory
requirements for the flammability of
upholstered furniture under the COVID–
19 Regulatory Relief and Work From
Home Safety Act. This Act mandates
that CPSC promulgate California
Technical Bulletin 117–2013 as a
flammability standard for upholstered
furniture under section 4 of the
Flammable Fabrics Act. In the ‘‘Rules
and Regulations’’ section in this issue of
the Federal Register, the Commission is
issuing this determination as a direct
final rule. If we receive no significant
adverse comment in response to the
direct final rule, we will not take further
action on this proposed rule.
DATES: Submit comments by May 10,
2021.
SUMMARY:
You can submit comments,
identified by Docket No. CPSC–2021–
0007, by any of the following methods:
Electronic Submissions: Submit
electronic comments to the Federal
eRulemaking Portal at: https://
ADDRESSES:
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Federal Register / Vol. 86, No. 67 / Friday, April 9, 2021 / Proposed Rules
www.regulations.gov. Follow the
instructions for submitting comments.
CPSC does not accept comments
submitted by electronic mail (email),
except through https://
www.regulations.gov. CPSC encourages
you to submit electronic comments by
using the Federal eRulemaking Portal,
as described above.
Mail/Hand Delivery/Courier Written
Submissions: Submit comments by
mail/hand delivery/courier to: Division
of the Secretariat, Consumer Product
Safety Commission, Room 820, 4330
East West Highway, Bethesda, MD
20814; telephone: (301) 504–7479.
Alternatively, as a temporary option
during the COVID–19 pandemic, you
may email such submissions to: cpscos@cpsc.gov.
Instructions: All submissions must
include the agency name and docket
number for this notice. CPSC may post
all comments without change, including
any personal identifiers, contact
information, or other personal
information provided, to: https://
www.regulations.gov. Do not submit
electronically: Confidential business
information, trade secret information, or
other sensitive or protected information
that you do not want to be available to
the public. If you wish to submit such
information, please submit it according
to the instructions for mail/hand
delivery/courier written submissions.
Docket: For access to the docket to
read background documents or
comments received, go to: https://
www.regulations.gov, and insert the
docket number, CPSC–2021–0007, into
the ‘‘Search’’ box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT:
Andrew Lock, Project Manager,
Directorate for Laboratory Sciences,
National Product Testing and
Evaluation Center, 5 Research Place,
Rockville, MD 20850, phone: (301) 987–
2099; email: alock@cpsc.gov.
SUPPLEMENTARY INFORMATION: Along
with this proposed rule, CPSC is
publishing a direct final rule in the
‘‘Rules and Regulations’’ section of this
issue of the Federal Register. The CPSC
is using the direct final rule procedure
to codify in the Code of Federal
Regulations (CFR), the statutory
provision of the COVID–19 Regulatory
Relief and Work From Home Safety Act
(COVID–19 Act). Section 2101(c) of the
COVID–19 Act mandates that, 180 days
after the date of enactment of the
COVID–19 Act, the standard for
upholstered furniture set forth by the
Bureau of Electronic and Appliance
Repair, Home Furnishings and Thermal
Insulation of the Department of
VerDate Sep<11>2014
17:14 Apr 08, 2021
Jkt 253001
Consumer Affairs of the State of
California in Technical Bulletin (TB)
117–2013 (TB 117–2013), entitled,
‘‘Requirements, Test Procedure and
Apparatus for Testing the Smolder
Resistance of Materials Used in
Upholstered Furniture,’’ published June
2013, ‘‘shall be considered to be a
flammability standard promulgated by
the Consumer Product Safety
Commission under section 4 of the
Flammable Fabrics Act (15 U.S.C.
1193).’’ Under the direct final rule, the
standard is effective June 25, 2021;
however, compliance with the labeling
requirement shall be required by June
25, 2022.
CPSC believes that this action is not
controversial, and CPSC does not expect
significant adverse comment because we
are codifying statutorily mandated
requirements. CPSC has explained the
reasons for codifying the statutory
language in the direct final rule. Unless
CPSC receives significant adverse
comment regarding the determination
during the comment period, the direct
final rule in this issue of the Federal
Register will become effective on June
25, 2021, and CPSC will not take further
action on this proposal. If CPSC receives
a significant adverse comment, CPSC
will publish a notice in the Federal
Register withdrawing the direct final
rule, and the rule will not take effect.
CPSC will then respond to public
comments in a later final rule, based on
this proposed rule. CPSC does not
intend to institute a second comment
period on this action. Parties interested
in commenting must do so at this time.
For additional information, please see
the direct final rule published in the
‘‘Rules and Regulations’’ section of this
issue of the Federal Register.
List of Subjects in 16 CFR Part 1640
Consumer protection, Flammable
materials, Incorporation by reference,
Labeling, Upholstered furniture
materials, Textiles.
■ For the reasons stated in the preamble,
the Commission proposes to amend title
16 of the Code of Federal Regulations by
adding part 1640 to subchapter D to
read as follows:
PART 1640—STANDARD FOR THE
FLAMMABILITY OF UPHOLSTERED
FURNITURE
Sec.
1640.1
1640.2
1640.3
1640.4
1640.5
1640.6
Purpose and scope.
Effective date and compliance date.
Definitions.
Certification and labeling.
Requirements.
Incorporation by reference.
Authority: Sec. 2101, Pub. L. 116–260, 15
U.S.C. 1193.
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Fmt 4702
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§ 1640.1
Purpose and scope.
(a) Purpose. This part establishes the
standard for the flammability of
upholstered furniture, as set forth by the
Bureau of Electronic and Appliance
Repair, Home Furnishings and Thermal
Insulation of the Department of
Consumer Affairs of the State of
California in Technical Bulletin 1172013, entitled ‘‘Requirements, Test
Procedure and Apparatus for Testing the
Smolder Resistance of Materials Used in
Upholstered Furniture,’’ published June
2013 (for availability, see § 1640.6).
(b) Scope. All upholstered furniture as
defined in § 1640.3 manufactured,
imported, or reupholstered on or after
the effective date of this standard is
subject to the requirements of this part.
§ 1640.2
date.
Effective date and compliance
(a) Effective date. This part (the
standard) is effective June 25, 2021 and
shall apply to all upholstered furniture,
as defined in § 1640.3, manufactured,
imported, or reupholstered on or after
that date.
(b) Compliance date. Compliance
with the labeling requirement in
§ 1640.4 shall be required by June 25,
2022, and shall apply to all upholstered
furniture, as defined in § 1640.3,
manufactured, imported, or
reupholstered on or after that date.
§ 1640.3
Definitions.
(a) Bedding product means
(1) An item that is used for sleeping
or sleep-related purposes; or
(2) Any component or accessory with
respect to an item described in this
paragraph (a), without regard to whether
the component or accessory, as
applicable, is used—
(i) Alone; or
(ii) Along with, or contained within,
that item;
(b) California standard means the
standard set forth by the Bureau of
Electronic and Appliance Repair, Home
Furnishings and Thermal Insulation of
the Department of Consumer Affairs of
the State of California in Technical
Bulletin 117- 2013, entitled
‘‘Requirements, Test Procedure and
Apparatus for Testing the Smolder
Resistance of Materials Used in
Upholstered Furniture’’, published June
2013 (see § 1640.6).
(c) Foundation has the meaning given
that term in § 1633.2 of this chapter.
(d) Mattress has the meaning given
that term in § 1633.2 of this chapter.
(e) Upholstered furniture. (1) Means
an article of seating furniture that—
(i) Is intended for indoor use;
(ii) Is movable or stationary;
(iii) Is constructed with an
upholstered seat, back, or arm;
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Federal Register / Vol. 86, No. 67 / Friday, April 9, 2021 / Proposed Rules
(iv) Is:
(A) Made or sold with a cushion or
pillow, without regard to whether that
cushion or pillow, as applicable, is
attached or detached with respect to the
article of furniture, or
(B) Stuffed or filled, or able to be
stuffed or filled, in whole or in part,
with any material, including a substance
or material that is hidden or concealed
by fabric or another covering, including
a cushion or pillow belonging to, or
forming a part of, the article of furniture;
and
(v) Together with the structural units
of the article of furniture, any filling
material, and the container and covering
with respect to those structural units
and that filling material, can be used as
a support for the body of an individual,
or the limbs and feet of an individual,
when the individual sits in an upright
or reclining position;
(2) Includes an article of furniture that
is intended for use by a child; and
(3) Does not include—
(i) A mattress;
(ii) A foundation;
(iii) Any bedding product; or
(iv) Furniture that is used exclusively
for the purpose of physical fitness and
exercise.
§ 1640.4
Certification and labeling.
(a) Testing and certification. A fabric,
related material, or product to which the
California standard applies shall not be
subject to section 14(a) of the Consumer
Product Safety Act (15 U.S.C. 2063(a))
with respect to that standard.
(b) Certification label. Each
manufacturer of a product that is subject
to the California standard shall include
the statement ‘‘Complies with U.S.
CPSC requirements for upholstered
furniture flammability’’ on a permanent
label located on the product, which
shall be considered to be a certification
that the product complies with that
standard.
§ 1640.5
Requirements.
(a) In general. All upholstered
furniture must comply with the
requirements in the California standard,
VerDate Sep<11>2014
17:14 Apr 08, 2021
Jkt 253001
Technical Bulletin (TB) 117–2013,
‘‘Requirements, Test Procedure and
Apparatus for Testing the Smolder
Resistance of Materials Used in
Upholstered Furniture,’’ June 2013
(incorporated by reference § 1640.6).
(b) Preemption. Notwithstanding
section 16 of the Flammable Fabrics Act
(15 U.S.C. 1203) and section 231 of the
Consumer Product Safety Improvement
Act of 2008 (15 U.S.C. 2051 note), and
except as provided in sections 1374,
1374.2, and 1374.3 of 4 California Code
of Regulations (CCR) (except for
subsections (b) and (c) of section 1374
of that title) (incorporated by reference
§ 1640.6) or the California standard, no
State or any political subdivision of a
State may establish or continue in effect
any provision of a flammability law,
regulation, code, standard, or
requirement that is designed to protect
against the risk of occurrence of fire, or
to slow or prevent the spread of fire,
with respect to upholstered furniture.
(c) Preservation of certain state law.
Nothing in Public Law 116–260 or the
Flammable Fabrics Act (15 U.S.C. 1191
et seq.) and section 231 of the Consumer
Product Safety Improvement Act of
2008 (15 U.S.C. 2051 note), may be
construed to preempt or otherwise
affect:
(1) Any State or local law, regulation,
code, standard, or requirement that—
(i) Concerns health risks associated
with upholstered furniture; and
(ii) Is not designed to protect against
the risk of occurrence of fire, or to slow
or prevent the spread of fire, with
respect to upholstered furniture;
(2) Sections 1374, 1374.2, and 1374.3
of 4 CCR (except for subsections (b) and
(c) of section 1374 of that title), as in
effect on the date of enactment of Public
Law 116–260; or
(3) The California standard.
§ 1640.6
Incorporation by reference.
Certain material is incorporated by
reference into this part with the
approval of the Director of the Federal
Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. All approved
material is available for inspection at
PO 00000
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18493
U.S. Consumer Product Safety
Commission (CPSC), Room 820, 4330
East West Highway, Bethesda, MD
20814, and is available from the other
sources listed in this section. To
schedule an appointment, contact
CPSC’s Division of the Secretariat:
Telephone (301) 504–7479 or email:
cpsc-os@cpsc.gov. The material is also
available for inspection at the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
email fedreg.legal@nara.gov, or go to:
www.archives.gov/federal-register/cfr/
ibr-locations.html.
(a) State of California, Department of
Consumer Affairs, 4244 South Market
Court, Suite D, Sacramento, CA 95834;
email DCA@dca.ca.gov; phone (800)
952–5210; or visit https://
bhgs.dca.ca.gov/about_us/tb117_
2013.pdf.
(1) California standard. Technical
Bulletin (TB) 117–2013, ‘‘Requirements,
Test Procedure and Apparatus for
Testing the Smolder Resistance of
Materials Used in Upholstered
Furniture,’’ June 2013; IBR approved for
§ 1640.5.
(2) [Reserved]
(b) State of California, Office of
Administrative Law (OAL), 300 Capitol
Mall, Suite 1250, Sacramento, CA
95814–4339, phone 916–323–6815,
email staff@oal.ca.gov; or visit https://
oal.ca.gov/publications/ccr/; or
purchase a hard-copy version (full code
or individual titles) from Barclay,
publisher of the Official CCR, at 1–800–
888–3600.
(1) California Code of Regulations
(CCR), Title 4, Sections 1374, 1374.2,
and 1374.3, in effect as of February 26,
2021 Register 2021, No. 9; IBR approved
for § 1640.5.
(2) [Reserved]
Alberta E. Mills,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2021–06976 Filed 4–8–21; 8:45 am]
BILLING CODE 6355–01–P
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]]>Agencies
[Federal Register Volume 86, Number 67 (Friday, April 9, 2021)]
[Proposed Rules]
[Pages 18491-18493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06976]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1640
[Docket No. CPSC-2021-0007]
Standard for the Flammability of Upholstered Furniture
AGENCY: U.S. Consumer Product Safety Commission.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Consumer Product Safety Commission (Commission or CPSC) is
proposing to codify in the Code of Federal Regulations the statutory
requirements for the flammability of upholstered furniture under the
COVID-19 Regulatory Relief and Work From Home Safety Act. This Act
mandates that CPSC promulgate California Technical Bulletin 117-2013 as
a flammability standard for upholstered furniture under section 4 of
the Flammable Fabrics Act. In the ``Rules and Regulations'' section in
this issue of the Federal Register, the Commission is issuing this
determination as a direct final rule. If we receive no significant
adverse comment in response to the direct final rule, we will not take
further action on this proposed rule.
DATES: Submit comments by May 10, 2021.
ADDRESSES: You can submit comments, identified by Docket No. CPSC-2021-
0007, by any of the following methods:
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at: https://
[[Page 18492]]
www.regulations.gov. Follow the instructions for submitting comments.
CPSC does not accept comments submitted by electronic mail (email),
except through https://www.regulations.gov. CPSC encourages you to
submit electronic comments by using the Federal eRulemaking Portal, as
described above.
Mail/Hand Delivery/Courier Written Submissions: Submit comments by
mail/hand delivery/courier to: Division of the Secretariat, Consumer
Product Safety Commission, Room 820, 4330 East West Highway, Bethesda,
MD 20814; telephone: (301) 504-7479. Alternatively, as a temporary
option during the COVID-19 pandemic, you may email such submissions to:
[email protected].
Instructions: All submissions must include the agency name and
docket number for this notice. CPSC may post all comments without
change, including any personal identifiers, contact information, or
other personal information provided, to: https://www.regulations.gov.
Do not submit electronically: Confidential business information, trade
secret information, or other sensitive or protected information that
you do not want to be available to the public. If you wish to submit
such information, please submit it according to the instructions for
mail/hand delivery/courier written submissions.
Docket: For access to the docket to read background documents or
comments received, go to: https://www.regulations.gov, and insert the
docket number, CPSC-2021-0007, into the ``Search'' box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: Andrew Lock, Project Manager,
Directorate for Laboratory Sciences, National Product Testing and
Evaluation Center, 5 Research Place, Rockville, MD 20850, phone: (301)
987-2099; email: [email protected].
SUPPLEMENTARY INFORMATION: Along with this proposed rule, CPSC is
publishing a direct final rule in the ``Rules and Regulations'' section
of this issue of the Federal Register. The CPSC is using the direct
final rule procedure to codify in the Code of Federal Regulations
(CFR), the statutory provision of the COVID-19 Regulatory Relief and
Work From Home Safety Act (COVID-19 Act). Section 2101(c) of the COVID-
19 Act mandates that, 180 days after the date of enactment of the
COVID-19 Act, the standard for upholstered furniture set forth by the
Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal
Insulation of the Department of Consumer Affairs of the State of
California in Technical Bulletin (TB) 117-2013 (TB 117-2013), entitled,
``Requirements, Test Procedure and Apparatus for Testing the Smolder
Resistance of Materials Used in Upholstered Furniture,'' published June
2013, ``shall be considered to be a flammability standard promulgated
by the Consumer Product Safety Commission under section 4 of the
Flammable Fabrics Act (15 U.S.C. 1193).'' Under the direct final rule,
the standard is effective June 25, 2021; however, compliance with the
labeling requirement shall be required by June 25, 2022.
CPSC believes that this action is not controversial, and CPSC does
not expect significant adverse comment because we are codifying
statutorily mandated requirements. CPSC has explained the reasons for
codifying the statutory language in the direct final rule. Unless CPSC
receives significant adverse comment regarding the determination during
the comment period, the direct final rule in this issue of the Federal
Register will become effective on June 25, 2021, and CPSC will not take
further action on this proposal. If CPSC receives a significant adverse
comment, CPSC will publish a notice in the Federal Register withdrawing
the direct final rule, and the rule will not take effect. CPSC will
then respond to public comments in a later final rule, based on this
proposed rule. CPSC does not intend to institute a second comment
period on this action. Parties interested in commenting must do so at
this time. For additional information, please see the direct final rule
published in the ``Rules and Regulations'' section of this issue of the
Federal Register.
List of Subjects in 16 CFR Part 1640
Consumer protection, Flammable materials, Incorporation by
reference, Labeling, Upholstered furniture materials, Textiles.
0
For the reasons stated in the preamble, the Commission proposes to
amend title 16 of the Code of Federal Regulations by adding part 1640
to subchapter D to read as follows:
PART 1640--STANDARD FOR THE FLAMMABILITY OF UPHOLSTERED FURNITURE
Sec.
1640.1 Purpose and scope.
1640.2 Effective date and compliance date.
1640.3 Definitions.
1640.4 Certification and labeling.
1640.5 Requirements.
1640.6 Incorporation by reference.
Authority: Sec. 2101, Pub. L. 116-260, 15 U.S.C. 1193.
Sec. 1640.1 Purpose and scope.
(a) Purpose. This part establishes the standard for the
flammability of upholstered furniture, as set forth by the Bureau of
Electronic and Appliance Repair, Home Furnishings and Thermal
Insulation of the Department of Consumer Affairs of the State of
California in Technical Bulletin 117- 2013, entitled ``Requirements,
Test Procedure and Apparatus for Testing the Smolder Resistance of
Materials Used in Upholstered Furniture,'' published June 2013 (for
availability, see Sec. 1640.6).
(b) Scope. All upholstered furniture as defined in Sec. 1640.3
manufactured, imported, or reupholstered on or after the effective date
of this standard is subject to the requirements of this part.
Sec. 1640.2 Effective date and compliance date.
(a) Effective date. This part (the standard) is effective June 25,
2021 and shall apply to all upholstered furniture, as defined in Sec.
1640.3, manufactured, imported, or reupholstered on or after that date.
(b) Compliance date. Compliance with the labeling requirement in
Sec. 1640.4 shall be required by June 25, 2022, and shall apply to all
upholstered furniture, as defined in Sec. 1640.3, manufactured,
imported, or reupholstered on or after that date.
Sec. 1640.3 Definitions.
(a) Bedding product means
(1) An item that is used for sleeping or sleep-related purposes; or
(2) Any component or accessory with respect to an item described in
this paragraph (a), without regard to whether the component or
accessory, as applicable, is used--
(i) Alone; or
(ii) Along with, or contained within, that item;
(b) California standard means the standard set forth by the Bureau
of Electronic and Appliance Repair, Home Furnishings and Thermal
Insulation of the Department of Consumer Affairs of the State of
California in Technical Bulletin 117- 2013, entitled ``Requirements,
Test Procedure and Apparatus for Testing the Smolder Resistance of
Materials Used in Upholstered Furniture'', published June 2013 (see
Sec. 1640.6).
(c) Foundation has the meaning given that term in Sec. 1633.2 of
this chapter.
(d) Mattress has the meaning given that term in Sec. 1633.2 of
this chapter.
(e) Upholstered furniture. (1) Means an article of seating
furniture that--
(i) Is intended for indoor use;
(ii) Is movable or stationary;
(iii) Is constructed with an upholstered seat, back, or arm;
[[Page 18493]]
(iv) Is:
(A) Made or sold with a cushion or pillow, without regard to
whether that cushion or pillow, as applicable, is attached or detached
with respect to the article of furniture, or
(B) Stuffed or filled, or able to be stuffed or filled, in whole or
in part, with any material, including a substance or material that is
hidden or concealed by fabric or another covering, including a cushion
or pillow belonging to, or forming a part of, the article of furniture;
and
(v) Together with the structural units of the article of furniture,
any filling material, and the container and covering with respect to
those structural units and that filling material, can be used as a
support for the body of an individual, or the limbs and feet of an
individual, when the individual sits in an upright or reclining
position;
(2) Includes an article of furniture that is intended for use by a
child; and
(3) Does not include--
(i) A mattress;
(ii) A foundation;
(iii) Any bedding product; or
(iv) Furniture that is used exclusively for the purpose of physical
fitness and exercise.
Sec. 1640.4 Certification and labeling.
(a) Testing and certification. A fabric, related material, or
product to which the California standard applies shall not be subject
to section 14(a) of the Consumer Product Safety Act (15 U.S.C. 2063(a))
with respect to that standard.
(b) Certification label. Each manufacturer of a product that is
subject to the California standard shall include the statement
``Complies with U.S. CPSC requirements for upholstered furniture
flammability'' on a permanent label located on the product, which shall
be considered to be a certification that the product complies with that
standard.
Sec. 1640.5 Requirements.
(a) In general. All upholstered furniture must comply with the
requirements in the California standard, Technical Bulletin (TB) 117-
2013, ``Requirements, Test Procedure and Apparatus for Testing the
Smolder Resistance of Materials Used in Upholstered Furniture,'' June
2013 (incorporated by reference Sec. 1640.6).
(b) Preemption. Notwithstanding section 16 of the Flammable Fabrics
Act (15 U.S.C. 1203) and section 231 of the Consumer Product Safety
Improvement Act of 2008 (15 U.S.C. 2051 note), and except as provided
in sections 1374, 1374.2, and 1374.3 of 4 California Code of
Regulations (CCR) (except for subsections (b) and (c) of section 1374
of that title) (incorporated by reference Sec. 1640.6) or the
California standard, no State or any political subdivision of a State
may establish or continue in effect any provision of a flammability
law, regulation, code, standard, or requirement that is designed to
protect against the risk of occurrence of fire, or to slow or prevent
the spread of fire, with respect to upholstered furniture.
(c) Preservation of certain state law. Nothing in Public Law 116-
260 or the Flammable Fabrics Act (15 U.S.C. 1191 et seq.) and section
231 of the Consumer Product Safety Improvement Act of 2008 (15 U.S.C.
2051 note), may be construed to preempt or otherwise affect:
(1) Any State or local law, regulation, code, standard, or
requirement that--
(i) Concerns health risks associated with upholstered furniture;
and
(ii) Is not designed to protect against the risk of occurrence of
fire, or to slow or prevent the spread of fire, with respect to
upholstered furniture;
(2) Sections 1374, 1374.2, and 1374.3 of 4 CCR (except for
subsections (b) and (c) of section 1374 of that title), as in effect on
the date of enactment of Public Law 116-260; or
(3) The California standard.
Sec. 1640.6 Incorporation by reference.
Certain material is incorporated by reference into this part with
the approval of the Director of the Federal Register in accordance with
5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available
for inspection at U.S. Consumer Product Safety Commission (CPSC), Room
820, 4330 East West Highway, Bethesda, MD 20814, and is available from
the other sources listed in this section. To schedule an appointment,
contact CPSC's Division of the Secretariat: Telephone (301) 504-7479 or
email: [email protected]. The material is also available for inspection
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
(a) State of California, Department of Consumer Affairs, 4244 South
Market Court, Suite D, Sacramento, CA 95834; email [email protected];
phone (800) 952-5210; or visit https://bhgs.dca.ca.gov/about_us/tb117_2013.pdf.
(1) California standard. Technical Bulletin (TB) 117-2013,
``Requirements, Test Procedure and Apparatus for Testing the Smolder
Resistance of Materials Used in Upholstered Furniture,'' June 2013; IBR
approved for Sec. 1640.5.
(2) [Reserved]
(b) State of California, Office of Administrative Law (OAL), 300
Capitol Mall, Suite 1250, Sacramento, CA 95814-4339, phone 916-323-
6815, email [email protected]; or visit https://oal.ca.gov/publications/ccr/; or purchase a hard-copy version (full code or individual titles)
from Barclay, publisher of the Official CCR, at 1-800-888-3600.
(1) California Code of Regulations (CCR), Title 4, Sections 1374,
1374.2, and 1374.3, in effect as of February 26, 2021 Register 2021,
No. 9; IBR approved for Sec. 1640.5.
(2) [Reserved]
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2021-06976 Filed 4-8-21; 8:45 am]
BILLING CODE 6355-01-P
