[Federal Register: March 17, 1999 (Volume 64, Number 51)]
[Proposed Rules]
[Page 13137-13141]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17mr99-29]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1632
Standard for the Flammability of Mattresses and Mattress Pads
AGENCY: Consumer Product Safety Commission.
ACTION: Proposed amendments.
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SUMMARY: The Commission proposes to amend the flammability standard for
mattresses and mattress pads by revising the laundering procedure
specified in that standard for mattress pads which contain a chemical
fire retardant. These laundering procedures help assure that any
chemical flame retardant is not removed or degraded by repeated washing
and drying, thereby creating a flammability hazard. The Commission is
proposing these amendments because the detergent specified by the
existing laundering procedure is no longer available and the operating
characteristics of the washing and drying machines required by that
procedure are no longer representative of machines now used for home
laundering.
DATES: Written comments concerning the proposed amendments must be
received by the Office of the Secretary not later than June 1, 1999.
ADDRESSES: Written comments should be captioned ``Mattress Pads,
Laundering Procedures'' and mailed to the Office of the Secretary,
Consumer Product Safety Commission, Washington, D.C. 20207, or
delivered to that office, room 502, 4330 East-West Highway, Bethesda,
Maryland. Comments may also be filed by telefacsimile to (301) 504-0127
or by email to cpsc-os@cpsc.gov.
FOR FURTHER INFORMATION CONTACT: Margaret Neily, Project Manager,
Directorate for Engineering Sciences, Consumer Product Safety
Commission, Washington, D.C. 20207; telephone (301) 504-0508, extension
1293.
SUPPLEMENTARY INFORMATION:
A. Background
The Flammable Fabrics Act (``FFA'') (15 U.S.C. 1191 et seq.)
authorizes issuance and amendment of flammability standards and
regulations to protect the public from unreasonable risks of death,
injury, and property damage from fire associated with products of
interior furnishing made from fabric and related materials.
In 1972, the Secretary of Commerce issued a flammability standard
for mattresses and mattress pads to protect the public from death and
serious burn injuries associated with ignition of mattresses and
mattress pads by smoldering cigarettes. That standard became effective
in 1973, and is codified at 16 CFR Part 1632.
The standard prescribes a test for mattresses and mattress pads
which requires placement of lighted cigarettes at specified locations
on the surface of the mattress or mattress pad. An individual mattress
or mattress pad prototype passes the test in the standard if no
cigarette test location produces a
[[Page 13138]]
char length more than two inches in any direction.
In 1973, authority to issue flammability standards under the FFA
was transferred from the Department of Commerce to the Consumer Product
Safety Commission by section 30(b) of the Consumer Product Safety Act
(15 U.S.C. 2079(b)).
On June 8, 1973, the Commission amended the standard by adding
requirements for premarket testing of mattresses and mattress pads by
manufacturers. As amended in 1973, the standard required manufacturers
to perform prototype testing on each combination of materials and
construction methods used in the production of mattresses or mattress
pads. After successful completion of prototype testing, the standard
required manufacturers to obtain samples at specified intervals during
production and test those samples for compliance with the standard. See
38 FR 15095 (June 8, 1973).
In 1984, the Commission amended the standard to eliminate the
requirements for production sampling and testing. The amended standard
requires that manufacturers perform prototype testing with acceptable
results before introducing products subject to the standard into
commerce, but does not require manufacturers to perform production
sampling and testing. See 49 FR 39780 (October 10, 1984).
B. Amending the Flammability Standard
As discussed below, laundering procedures are prescribed by the
standard to help assure that any fire-retardant chemicals used in the
production of mattress pads will not be removed or degraded by repeated
washing and drying and create a flammability hazard. However, the
current procedures are out of date in several respects and the
Commission therefore proposes to change them.
1. Current Procedures
The mattress flammability standard describes the apparatus and
procedure used to test mattress pads for compliance with the standard.
See 16 CFR 1632.4 and 1632.5(a). The standard addresses the possibility
that a fire-retardant chemical used in the production of mattress pads
might be progressively reduced or degraded by washing and drying.
Sections 1632.5(a) and (b) of the standard require that any mattress
pad manufactured with a fire retardant chemical shall be tested in the
condition in which it is intended to be sold, and after it has been
washed and dried ten times in accordance with a specified laundering
procedure. That laundering procedure is AATCC Test Method 124-82,
published by the American Association of Textile Chemists and Colorists
(``AATCC'').(1) \1\ The mattress standard incorporates that laundering
procedure by reference. See 16 CFR 1632.5(b)(2)(iv).
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\1\ Numbers in parentheses identify reference documents in the
List of Relevant Documents at the end of this notice. Requests for
inspection of any of these documents should be made at the Office of
the Secretary, 4330 East-West Highway, room 502, Bethesda, Md., or
by calling that office at (301) 504-0800.
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AATCC Test Method 124-82 specifies operating characteristics of the
washing machine and dryer to be used, wash water and rinse water
temperatures, exhaust temperature of the dryer, and a particular
detergent, AATCC Standard Detergent 124. AATCC Test Method 124-82 was
originally developed in 1967 and subsequently revised. These
specifications are representative of the equipment, wash, rinse, and
drying temperatures, and the detergent used for home laundering in the
1960s. For example, AATCC Standard Detergent 124 is a high-phosphate
powder with optical brightener, similar to the phosphate-based
detergents sold to consumers between 1950 and 1970.(3)
Since 1970, environmental concerns about water pollution have
resulted in the elimination of phosphate-based detergents for home
laundering. Today, all laundry detergents sold to consumers are
nonphosphate-based. Additionally, energy-efficient washing machines and
dryers currently sold for consumer use have operating characteristics
and temperature settings which differ from those specified by AATCC
Test Method 124-82.(3)
2. Revised Laundering Test Method
In 1996, AATCC revised AATCC Test Method 124, ``Appearance of
Fabrics After Repeated Home Laundering''. (2) The 1996 AATCC test
method more closely resembles the equipment and practices currently
used for household laundering of fabrics. The revised test method
differs from AATCC Test Method 124-82 by specifying the use of 1993
AATCC detergent, a nonphosphate-based detergent. The 1996 test method
also specifies use of a washing machine with different operating
characteristics than those specified by AATCC Test Method 124-82, and
rinse water temperatures which differ from those in the older test
method. (3) Table 1, below, provides a summary comparison of the two
test methods.
In 1996, AATCC also announced that when that organization's supply
of Standard Detergent 124 is depleted, that detergent will no longer be
available. AATCC is the only source for Standard Detergent 124.
Additionally, washing machines now offered for sale do not have the
settings and operating characteristics of the washing machine specified
by AATCC Test Method 124-82.(3)
Table 1.--AATCC Test Method 124
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Wash/Dry conditions Version 1982 Version 1996
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Washing Machine:
Cycle....................... Normal............................... Normal/Cotton Sturdy.
Wash Water Temp............. 60 3 deg.C.............. 60 3 deg.C.
Rinse Water Temp............ 41 3 deg.C.............. Less Than 29 deg.C.
Water Level................. Full................................. 18 1 gal.
Agitator Speed.............. 70 5 spm................ 179 2 spm.
Wash Time................... 12 minutes........................... 12 minutes.
Spin Speed................. 500-510 rpm.......................... 630-660 rpm.
Final Spin Cycle............ 4 minutes............................ 6 minutes
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Dryer:
Cycle....................... Normal.............................. Cotton Sturdy...... Durable Press.
Exhaust Temp................ 140-160 deg.F....................... 140-160 deg.F...... 140-160 deg.F.
[[Page 13139]]
Cool Down Cycle............. 5 minutes........................... 5 minutes.......... 10 minutes.
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spm = strokes (or cycles) per minute.
rpm = revolutions per minute.
3. Review of Other Existing Standards
In addition to reviewing AATCC Test Method 124-1996, the Commission
staff reviewed and analyzed twelve other international and technical
association standards or test methods to determine if any were
appropriate for consideration in this proceeding. Standards and test
methods from AATCC, ASTM, the International Standards Organization, the
United Kingdom, Australia, Canada, China and the Soap and Detergent
Association were identified. All of these methods could be used for
sleepwear fabrics and mattress pads.
All of the identified standards for fabric laundering have
significant deficiencies. They are either based on earlier versions of
AATCC Test Method 124 (with obsolete detergent and equipment), require
equipment not available in the U.S., use only water in the laundering
procedure, or specify significantly lower wash and rinse water
temperatures than those still available for consumers.
4. Comparability of Test Results
The Commission intended to perform some testing of mattress pads
manufactured with chemical fire retardants after washing and drying 10
times in accordance with AATCC Test Method 124-82 and after washing and
drying 10 times using AATCC Test Method 124-1996 to compare the two
test methods. However, the staff has been unable to locate any flame
retardant-treated mattress pads for this comparison. The mattress pads
located by the staff are made of fabric and filling materials that do
not need to be treated to pass the flammability test of the mattress
standard. However, since there is a demand for natural fibers such as
cotton (which may need to be FR treated to pass the flammability
standard) in other products, the Commission believes it is appropriate
to propose revising the laundering method so that it is consistent with
actual consumer and industry laundering practices should cotton
mattress pads return to the market in the future.
5. Proposed Amendment
The Commission proposes to revise the laundering procedures
specified in 16 CFR 1632.5(b) to those of AATCC Test Method 124-1996.
The mattress flammability standard was issued and amended 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,
the standard is based on findings that it is needed to adequately
protect the public against the unreasonable risk of the occurrence of
fire leading to death, personal injury, or significant property damage.
That section further requires findings that a flammability standard
issued under the FFA is ``reasonable, technologically practicable, and
appropriate.''
The proposed change to the standard is needed to make the specified
laundering procedures represent those currently used by consumers. The
proposed amendments are also needed to assure that the standard will
continue to be ``technologically practicable'' for both the
Commission's laboratory and those manufacturers of mattress pads
required to use the laundering procedures before prototype testing.
Section 4(g) of the FFA (15 U.S.C. 1193(g)) states that a
proceeding ``for the promulgation of a regulation under this section''
shall be initiated by publication of an advance notice of proposed
rulemaking (``ANPR''), and sets forth requirements for the contents of
the ANPR. However, these proposed amendments are necessary because
technical advances and the passage of time have rendered the existing
test method obsolete. The amendments preserve the original intent and
effect of the existing test method, modifying that method only as
necessary to reflect the existence of modern equipment and detergent.
Moreover, the existing regulations permit the Commission to employ a
laundering test method different from AATCC Test Method 124 if it
concludes that the test method is substantively as protective. Because
the existing regulations allow the Commission to achieve without any
amendment the substance of what it now proposes to achieve by
amendment, and because the proposed amendments preserve the regulatory
status quo, save for the reflection of modern equipment and detergent,
the Commission has determined that it is not legally required to
commence this proceeding with an ANPR, nor is it necessary for the
Commission to make the findings that FFA sections 1193(g) and (h) would
otherwise require.
The amendments proposed below would require a mattress pad
containing a fire retardant chemical to be tested in the condition in
which it is intended to be sold and after washing and drying 10 times
using the procedure specified in AATCC Test Method 124-1996. The
proposed amendments would incorporate that test method into the
mattress standard by reference.
The mattress flammability standard and enforcement rules exempt any
``one-of-a-kind'' mattress or mattress pad manufactured to a
physician's written prescription from all requirements of the standard.
See sections 1632.2(b)(4) and 1632.31(f). Those sections are not
affected by the amendments proposed below.
Additionally, existing section 1632.5(b)(1)(i) exempts from the
laundering requirements of the standard any mattress pad intended for
``one time use'' and any mattress pad which is not intended to be
laundered. Existing section 1632.5(b)(1)(ii) states that mattress pads
that cannot be laundered and are labeled ``dryclean only'' shall be
drycleaned by a procedure which has been found to be acceptable by the
Commission before testing. Existing section 1632.5(b)(2)(v) allows
manufacturers of mattress pads manufactured with a chemical fire
retardant to test specimens after laundering ``a different number of
wash and dry cycles using another procedure . . . if that procedure has
previously been found to be equivalent by the Consumer Product Safety
Commission.'' These sections are not affected by the amendments
proposed below.
6. 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. Section 4(b) also requires that
an amendment of a flammability standard shall exempt products ``in
inventory or with the trade'' on the date the amendment becomes
effective, unless the Commission limits or withdraws that exemption
because those products are so highly flammable that they are dangerous
for use by consumers.
One reason for proposing these amendments of the mattress
flammability standard is that the
[[Page 13140]]
standard detergent specified by the existing laundering method in the
standard is no longer available. The Commission has reason to believe
that an effective date 30 days after publication of final amendments
will be in the public interest. The Commission does not propose to
withdraw or limit the exemption for products in inventory or with the
trade as provided by section 4(b) of the FFA.
The Commission believes that an effective date of thirty days would
give adequate notice to all interested persons of the change in
laundering procedure, and at the same time would assure that the
Commission will be able to test for compliance with the standards
without interruption. Those manufacturers who perform prototype testing
in accordance with the laundering procedure specified in the standard
will also benefit from a relatively short effective date.
The Commission invites comments on the proposed effective date and
factual information relating to that issue.
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)), the Commission hereby certifies that the amendments
to the mattress flammability standard proposed below will not have a
significant economic impact on a substantial number of small entities,
including small businesses, if issued on a final basis. The
requirements for washing and drying mattress pads manufactured with a
fire retardant chemical were included in the standards to assure that
any flame retardant treatment used in mattress pads would not be
removed or degraded by repeated laundering.
At this time, all mattress pads subject to the standard are made
without flame retardant treatments. Accordingly, most manufacturers of
mattress pads are not required to launder mattress pads before testing,
and the Commission does not expect that the proposed amendments will
have a significant effect on any businesses, large or small.
2. Environmental Considerations
The amendments proposed below 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 effect on production processes or on the
types or amounts of materials used for construction or packaging of
mattress pads. 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. Accordingly, neither an
environmental assessment nor an environmental impact statement is
required.
3. Executive Orders
Executive Order 12988 (February 5, 1996), requires agencies to
state in clear language the preemptive effect, if any, to be given to a
new regulation. The amendments proposed below, if issued on a final
basis, would modify a flammability standard issued under the FFA. With
certain exceptions which are not applicable here, no state or political
subdivision of a state may enact or continue in effect ``a flammability
standard or other regulation'' applicable to the same fabric or product
covered by an FFA standard if the state or local flammability standard
or regulation is ``designed to protect against the same risk of the
occurrence of fire'' unless the state or local standard or regulation
is ``identical'' to the FFA standard. See section 16 of the FFA (15
U.S.C. 1203). Consequently, if issued on a final basis, the amendments
proposed below will preempt nonidentical state or local flammability
standards or regulations that are intended to address the unreasonable
risk of fire from ignition of mattress pads.
In accordance with Executive Order 12612 (October 26, 1987), the
Commission certifies that the proposed amendments do not have
sufficient implications for federalism to warrant a Federalism
Assessment.
List of Subjects in 16 CFR Part 1632
Consumer protection, Flammable materials, Labeling, Mattresses and
mattress pads, Records, 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
proposes to amend title 16 of the Code of Federal Regulations, Chapter
II, Subchapter D, Part 1632 to read as follows:
PART 1632--STANDARD FOR THE FLAMMABILITY OF MATTRESSES AND MATTRESS
PADS
1. The authority for part 1632 continues to read as follows:
Authority: 15 U.S.C. 1193, 1194; 15 U.S.C. 2079(b).
2. Section 1632.5 is amended by revising paragraphs (b)(2)(i)
through (iv) and by removing the undesignated paragraph following
(b)(2)(iv) to read as follows:
Sec. 1615.5 Mattress pad test procedure.
* * * * *
(b) * * *
(2) Laundering procedure. (i) Washing shall be performed in
accordance with sections 8.2.2 and 8.2.3 of AATCC Test Method 124-1996,
using wash temperature V (60 deg. 3 deg.C, 140 deg.
5 deg.F) specified in Table II of that method, and the
water level, agitator speed, washing time, spin speed and final spin
cycle specified for ``Normal/Cotton Sturdy'' in Table III.
(ii) Drying shall be performed in accordance with section 8.3.1(A)
of AATCC Test Method 124-1996 ``Appearance of Fabrics After Repeated
Home Laundering,'' Tumble Dry, using the exhaust temperature (66 deg.
5 deg.C, 150 deg. 10 deg.F) and cool down
time of 10 minutes specified in the ``Durable Press'' conditions of
Table IV.
(iii) Maximum washer load shall be 3.64 Kg (8 pounds) and may
consist of any combination of test samples and dummy pieces.
(iv) AATCC Test Method 124-1996 ``Appearance of Fabrics After
Repeated Home Laundering,'' is found in Technical Manual of the
American Association of Textile Chemists and Colorists, vol. 73, 1997,
which is incorporated by reference. Copies of this document are
available from the American Association of Textile Chemists and
Colorists, P.O. Box 12215, Research Triangle Park, North Carolina
27709. This document is also available for inspection at the Office of
the Federal Register, 800 North Capitol Street, NW., Suite 700,
Washington, DC. This incorporation by reference was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. These materials are incorporated as they exist in the
edition which has been approved by the Director of the Federal Register
and which has been filed with the Office of the Federal Register.
* * * * *
Dated: March 8, 1999.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
List of Relevant Documents
1. American Association of Textile Chemists and Colorists,
``Appearance of Durable Press Fabrics After Repeated Home
Launderings,'' AATCC Test Method 124-1969. AATCC Technical Manual,
Vol. 46, 1970.
[[Page 13141]]
2. American Association of Textile Chemists and Colorists,
``Appearance of Fabrics After Repeated Home Laundering,'' AATCC Test
Method 124-1996. AATCC Technical Manual, Vol. 73, 1997.
3. Briefing memorandum from Margaret Neily, Project Manager,
Directorate for Engineering Sciences, to the Commission, ``Proposed
Amendments to Flammable Fabrics Act Standards to Replace Obsolete
Standard Detergent and Update Laundering Procedures Required for
Tests,'' --------, 1998.
4. Memorandum from Gail Stafford, Directorate for Laboratory
Sciences, to Margaret Neily, Project Manager, ``Amending the
Laundering Provisions of the CPSC Flammability Regulations,'' August
18, 1998.
5. Memorandum from Gail Stafford, Directorate for Laboratory
Sciences, to Margaret Neily, Project Manager, ``Textile Laundering
Standards,'' August 18, 1998.
6. Memorandum from Gail Stafford and Shing-Bong Chen,
Directorate for Laboratory Sciences, to Margaret Neily, Project
Manager, ``Detergent Comparison Tests,'' August 19, 1998.
7. Log of Meeting on January 21, 1998 concerning Flammability
Test of Pyrovatex-treated Flame Resistant Fabrics.
8. Memorandum from Terrance R. Karels, Directorate for Economic
Analysis, to Margaret Neily, Project Manager, ``Amendments to FFA
Standards,'' August 10, 1998.
9. Memorandum from Margaret Neily, Project Manager, Directorate
for Engineering Sciences, to the Commission, ``Briefing Package
Supplement: Laundering/Detergent Update for Flammable Fabrics Act
Standards--The Soap and Detergent Association (SDA) Laundering
Procedures,'' January 11, 1999.
10. Memorandum from Gail Stafford, Directorate for Laboratory
Sciences, to Margaret Neily, Project Manager, ``Soap and Detergent
Association Proposed Laundering Procedure,'' December 23, 1998.
11. Letter from Jenan Al-Atrash, Director, Human Health &
Safety, The Soap and Detergent Association, to Margaret Neily,
Technical Program Coordinator, Office of the Executive Director,
including SDA Recommended Wash Conditions for CFR 1615.4, September
15, 1998.
12. Letter from Jenan Al-Atrash, Director, Human Health &
Safety, The Soap and Detergent Association, to Margaret Neily,
Technical Program Coordinator, Office of the Executive Director,
follow-up comments to September 15, 1998, letter, November 12, 1998.
13. Memorandum from Margaret L. Neily, Project Manager,
Directorate for Engineering Sciences, to the Commission,
``Laundering/Detergent Updates--FR notice supplements,'' February
19, 1999.
[FR Doc. 99-6073 Filed 3-16-99; 8:45 am]
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