Friday, June 8, 2018

CPSC Publishes Summary of and Timetable for Activity Relating to a Flammability Standard for Upholstered Furniture

The Consumer Product Safety Commission has published its semiannual regulatory flexibility agenda, including a summary of and timetable for activity relating to a Flammability Standard for Upholstered Furniture. The Commission welcomes comments on the agenda and on the individual agenda entries.

FLAMMABILITY STANDARD FOR UPHOLSTERED FURNITURE

In October 2003, the Commission issued an advance notice of proposed rulemaking (ANPRM) to address the risk of fire associated with cigarette and small open-flame ignitions of upholstered furniture. The Commission published a notice of proposed rulemaking (NPRM) in March 2008, and received public comments. The Commission's proposed rule would require that upholstered furniture have cigarette-resistant fabrics or cigarette and open flame-resistant barriers. The proposed rule would not require flame-resistant chemicals in fabrics or fillings. Since the Commission published the NPRM, CPSC staff has conducted testing of upholstered furniture, using both full-scale furniture and bench-scale models, as proposed in the NPRM. In FY 2016, staff was directed to prepare a briefing package summarizing the feasibility of adopting California's Technical Bulletin 117-2013 (TB 117-2013) as a mandatory standard. Staff submitted this briefing package to the Commission in September 2016 with staff suggestions to continue developing of the ASTM and NFPA voluntary standards. In the FY 2017 Operating Plan, the Commission directed staff to work with the California Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation (BEARHFTI), as well as voluntary standards development organizations, to improve upon and further refine the technical aspects of TB117-2013. Currently, staff is working with voluntary standards organizations, both ASTM and NFPA, and BEARHFTI to evaluate new provisions and improve the existing consensus standards related to upholstered furniture flammability. Depending upon progress of the various standards, in FY 2019, staff plans to prepare a briefing package with options for Commission consideration that include continuing with or terminating rulemaking, pursuing alternative approaches to address the hazard and/or continuing with voluntary standards development.

Timetable:

ActionDateFR Cite
ANPRM06/15/9459 FR 30735
Commission Hearing May 5 & 6, 1998 on Possible Toxicity of Flame-Retardant Chemicals03/17/9863 FR 13017
Meeting Notice/20/0267 FR 12916
Notice of Public Meeting08/27/0368 FR 51564
Public Meeting09/24/03---
ANPRM10/23/0368 FR 60629
ANPRM Comment Period End12/22/03---
Staff Held Public Meeting10/28/04---
Staff Held Public Meeting05/18/05---
Staff Sent Status Report to Commission01/31/06---
Staff Sent Status Report to Commission11/03/06---
Staff Sent Status Report to Commission12/28/06---
Staff Sent Options Package to Commission12/22/07---
Commission Decision to Direct Staff to Prepare Draft NPRM12/27/07---
Staff Sent Draft NPRM to Commission01/22/08---
Commission Decision to Publish NPRM02/01/08---
NPRM03/04/0873 FR 11702
NPRM Comment Period End05/19/08---
Staff Published NIST Report on Standard Test Cigarettes05/19/09---
Staff Publishes NIST Report on Standard Research Foam09/14/12---
Notice of April 25 Public Meeting and Request for Comments03/20/1378 FR 17140
Staff Holds Upholstered Furniture Fire Safety Technology Meeting04/25/13---
Comment Period End7/01/13---
Staff Sends Briefing Package to Commission on California's TB117-201309/08/16---
Staff Updates Options Package to CommissionTo Be Determined---

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