Upholstered Furniture; Advance Notice of Proposed Rulemaking; Request for Comments and Information

CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1640

Upholstered Furniture; Advance Notice of Proposed Rulemaking;

Request for Comments and Information

AGENCY: Consumer Product Safety Commission.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: Based on currently available information, the Commission finds

that a new flammability standard or other regulation may be needed for

products of upholstered furniture and for fabrics and related materials

used in, or intended for use in, upholstered furniture, to protect the

public against the unreasonable risk of fire leading to death, personal

injury, or significant property damage. The specific risk of fire is

from the ignition of upholstered furniture from small open-flame

sources.

This advance notice of proposed rulemaking (``ANPR'') initiates a

rulemaking proceeding under the authority of the Flammable Fabrics Act

(``FFA''). One result of the proceeding could be the promulgation of a

standard or other regulation mandating performance and/or labeling

requirements for these products. Another possible outcome could be a

voluntary standard that adequately addresses the identified risk of

injury.

The Commission solicits written comments from interested persons

concerning the risk of injury and death associated with the ignition of

upholstered furniture from small open flames, data on small open-flame

testing of upholstered furniture, the regulatory alternatives discussed

in this notice, other possible means to address these risks, and the

economic impacts of the various regulatory alternatives. The Commission

also invites interested persons to submit an existing standard, or a

statement of intent to modify or develop a voluntary standard, to

address the risk of injury described in this notice.

DATES: Written comments and submissions in response to this notice must

be received by the Commission by August 15, 1994.

ADDRESSES: Comments should be mailed, preferably in five (5) copies, to

the Office of the Secretary, Consumer Product Safety Commission,

Washington, DC 20207-0001, or delivered to the Office of the Secretary,

Consumer Product Safety Commission, room 502, 4330 East West Highway,

Bethesda, Maryland 20814; telephone (301) 504-0800.

FOR FURTHER INFORMATION CONTACT: Dale R. Ray, Directorate for Economic

Analysis, Consumer Product Safety Commission, Washington, DC 20207;

telephone (301) 504-0962, ext. 1323.

SUPPLEMENTARY INFORMATION:

A. Background

1. The Petition. In 1993, the National Association of State Fire

Marshals (``NASFM'') petitioned the Commission (Petition FP 93-1) to

issue a flammability standard for upholstered furniture incorporating

the requirements of three standards now in effect in the State of

California. Specifically, the petition urged the Commission to issue a

flammability standard incorporating the requirements of Technical

Bulletins 116, 117, and 133, issued by the Bureau of Home Furnishings

and Thermal Insulation of the State of California.

These standards specify tests to measure the (a) resistance of

components of upholstered furniture to ignition by small open-flame

sources and cigarettes; (b) resistance of finished items of upholstered

furniture to ignition by cigarettes; and (c) resistance of finished

items of furniture to ignition from large open-flame sources. The

California standards also contain labeling requirements.

In support of the petition, NASFM provided information about deaths

and injuries from fires involving upholstered furniture in California

and in the rest of the United States. The petition asserted that

although deaths and injuries from fires involving upholstered furniture

in the United States declined appreciably from 1980 through 1989,

during the same period the numbers of deaths and injuries from

upholstered furniture fires declined at a much faster rate in

California.

The petitioner provided data showing that the rate of fire deaths

associated with upholstered furniture in the United States, excluding

California, decreased from 4.97 per million people in 1980 to 3.04 per

million in 1989, a decline of 39 percent. By comparison, in 1980 the

rate of fire deaths associated with upholstered furniture in California

was 1.14 per million people and in 1989 it was 0.41 per million, a

decline of 64 percent.

The Commission published a notice in the Federal Register on August

9, 1993 (58 FR 42301), announcing that the submission from NASFM had

been docketed as a petition and soliciting written comments on the

petition from all interested parties. Seventy-two comments were

received in response to that notice. The Commission staff prepared a

briefing package on the petition discussing information relevant to the

decision to grant or deny the petition. The briefing package, dated

April 8, 1994, contains a discussion of the comments received and other

relevant information. It is available upon request from the Office of

the Secretary of the Commission. The staff presented an oral briefing

to the Commission on the petition on May 3, 1994.

2. Commission Action. At a decision meeting on May 12, 1994, the

Commission voted 2-1 to grant that part of the petition requesting

development of a flammability standard to address risks of death,

injury, and property damage from small open-flame ignition of

upholstered furniture.1 The Commission also voted (unanimously)

(i) to defer action on that part of the petition requesting development

of a flammability standard addressing risks of death, injury, and

property damage from cigarette ignition of upholstered furniture, and

(ii) to direct the staff to conduct an additional, limited

investigation of the cigarette ignition issue. Finally, the Commission

voted 2-1 to deny that portion of the petition requesting development

of a flammability standard to address risks of death, injury, and

property damage from large open-flame ignition of upholstered

furniture.2

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\1\ Commissioner Gall dissented from this vote.

\2\ Chairman Brown dissented from this vote.

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The information presently available to the Commission demonstrates

that in 1991 approximately 150 deaths, 580 injuries, and $66 million in

property losses resulted from the ignition of upholstered furniture by

small open flames. Although the upholstered furniture industry has

implemented a voluntary program to improve the resistance of

upholstered furniture to ignition by cigarettes, that program has no

provisions to address risks of small open-flame ignition.

The State of California enforces mandatory requirements for

upholstered furniture components. These requirements are intended to

improve resistance of upholstered furniture to ignition by small open-

flame sources. Information available to the Commission indicates that

almost all of the furniture produced for sale in California meets that

State's mandatory requirements to address risks of small open-flame

ignition of upholstered furniture. This information suggests that a

Federal standard to address those risks may be effective and

technologically and economically practicable.

As noted, the Commission unanimously voted to defer a decision on

the part of the petition dealing with cigarette ignition of upholstered

furniture. Despite a significant number of reported incidents, since

1980, deaths associated with upholstered furniture fires ignited by

cigarettes have declined by almost 60 per cent. As noted above, the

upholstered furniture industry has implemented a voluntary plan to

improve resistance of upholstered furniture to cigarette ignition.

However, the Commission has not assessed the resistance of currently-

produced upholstered furniture to cigarette ignition or determined the

extent to which upholstered furniture conforms to the industry

voluntary program.

If most currently manufactured upholstered furniture resists

cigarette ignition, the benefits to be derived from issuing mandatory

requirements to address that risk may be small. However, if a large

proportion of currently manufactured upholstered furniture can be

ignited by a smoldering cigarette, a mandatory standard to address that

risk may be needed.

For these reasons, the Commission decided to defer a decision on

that portion of the petition requesting development of a mandatory

standard to address risks of death, injury, and property damage

associated with upholstered furniture ignited by cigarettes until the

staff obtains certain additional information. This may include the

extent to which currently manufactured upholstered furniture resists

cigarette ignition and conforms to the industry's voluntary plan.

After examining all available information about deaths, injuries,

and property losses associated with fires resulting from ignition of

upholstered furniture, the Commission voted to deny that portion of the

petition requesting development of a flammability standard to address

risks of death, injury, and property damage associated with ignition of

upholstered furniture by large open-flame sources. The State of

California enforces a flammability standard to address risks of large

open-flame ignition of upholstered furniture used in public occupancies

without automatic sprinkler systems. However, that standard does not

apply to furniture intended for residential use. Therefore, the

Commission has no specific information about the extent to which a

Federal flammability standard similar to the California large open-

flame requirements could be expected to reduce deaths, injuries, or

property damage from residential fires originating with ignition of

upholstered furniture by a large open-flame source.

The Commission also considered information indicating that if the

California requirements intended to address large open-flame ignition

of upholstered furniture were applicable to all residential furniture

sold in the United States, the total annual cost of compliance could

exceed $2 billion, and could add an estimated $75 to the average price

of items of upholstered furniture.

In view of the absence of information indicating the likelihood of

a substantial reduction in deaths, injury, and property damage from

large open-flame ignition of upholstered furniture, and estimates of

substantial costs resulting from the imposition of requirements to

address risks from upholstered furniture fires ignited by large open-

flame sources, the Commission decided to deny that portion of the

petition requesting issuance of a standard to address those risks.

B. Statutory Authority

This proceeding is conducted under provisions of the FFA, 15 U.S.C.

1191-1204. An item of upholstered furniture is a ``product'' of

``interior furnishing'' as those terms are defined in sections 2(e) and

(h) of the FFA. 15 U.S.C. 1191(e) and (h). The Commission has authority

under section 4(a) of the FFA to issue a ``flammability standard or

other regulation, including labeling,'' for a product of interior

furnishing if the Commission determines that such a standard ``is

needed to adequately protect the public against unreasonable risk of

the occurrence of fire leading to death or personal injury, or

significant property damage.'' 15 U.S.C. 1193(a).

A proceeding to promulgate a regulation establishing a flammability

standard for upholstered furniture begins by publication of this

advance notice of proposed rulemaking as provided in section 4(g) of

the FFA. 15 U.S.C 1193(g). If the Commission decides to continue the

rulemaking proceeding after considering responses to the ANPR, the

Commission must publish the text of the proposed rule, along with a

preliminary regulatory analysis, in accordance with section 4(i) of the

FFA. 15 U.S.C. 1193(i).

If the Commission then wishes to issue a final rule, it must

publish the text of the final rule and a final regulatory analysis that

includes the elements stated in section 4(j)(1) of the FFA. 15 U.S.C.

1193(j)(1). Before the Commission may issue a final regulation, it must

make findings concerning voluntary standards, the relationship of the

costs and benefits of the rule, and the burden imposed by the

regulation. FFA section 4(j)(2), 15 U.S.C. 1193(j)(2).

C. The Product

The items within the scope of this ANPR include: (1) Products of

interior furnishing that are used in homes, offices, and other places

of assembly and public accommodation that consist in whole or in part

of resilient materials (such as polyurethane foam, cotton batting, or

related materials) enclosed within a covering consisting of fabric or

related materials, and (2) fabric or related materials used or intended

for use in the production of upholstered furniture.

D. The Upholstered Furniture Industry

The Commission estimates that there are over 1,000 manufacturers,

and a small number of importers, of upholstered furniture in the United

States, accounting for an estimated 25-30 million pieces shipped

annually. Shipments are concentrated among the major producers; the 50

largest firms reportedly account for over half of all upholstered

furniture sales. Most of the remaining manufacturers are small firms,

none of which accounts for a significant proportion of sales.

E. Risks of Injury and Death

In 1991, about 16,600 residential fires involving ignition of

upholstered furniture resulted in 700 deaths, over 2,000 injuries and

nearly $300 million in property damage in the United States. Two-thirds

(470) of the deaths and more than half (1,160) of the injuries resulted

from smoldering-ignition smoking fires; about one-fifth (150) of the

deaths and one-fourth (580) of the injuries resulted from open-flame-

ignition fires (often identified as involving matches and lighters).

Nearly half ($137 million) of the property damage was from smoking

fires; about one-fifth ($66 million) was from open-flame fires. The

total annual societal cost of upholstered furniture fire losses is

estimated at about $2 billion, including about $1.25 billion from

smoking fires and nearly $0.5 billion from open-flame fires.

Since 1980, total furniture fire deaths in the United States

declined by slightly over half. Smoking fire deaths declined by 59

percent, while open-flame fire deaths declined by 25 percent. Injuries

and property damage also declined by 34 and 28 percent, respectively.

A number of factors probably contributed to the decrease in

furniture fire losses over time. These factors may include the use of

more ignition-resistant fabrics and filling materials (due in part to

or accelerated by the adoption of voluntary and mandatory safety

standards); reductions in smoking, and accompanying reductions in the

use of small open-flame sources (e.g., lighters and matches);

improvements in fire fighting methods, response times, and equipment;

and increases in the use of smoke detectors and sprinklers.

The above data indicate that the injury, death, and property losses

attributable to both cigarette-ignition and open-flame-ignition of

upholstered furniture remain very large. Although significant

reductions in fire losses associated with ignition of upholstered

furniture have occurred in recent years, particularly in the area of

cigarette-ignition, the opportunity to achieve substantial, further

reductions remains. While this proceeding is limited to risks from

open-flame ignitions, the Commission can reassess the scope of its

inquiry if it determines that further action may be warranted.

F. Existing Standards

The Commission is aware of some existing standards that may be

relevant to this proceeding. These standards are described below.

1. California standards. The Bureau of Home Furnishings & Thermal

Insulation in California's Department of Consumer Affairs began

developing upholstered furniture and mattress flammability standards in

the early 1970's, at approximately the same time as federal government

efforts were initiated. Three standards--Technical Bulletins 116, 117,

and 133--apply to upholstered furniture offered for sale in California.

These standards contain labeling requirements and performance tests to

measure the resistance to cigarette and open-flame ignition of

components (TB-117) and finished items (TB-116 for cigarettes and TB-

133 for open flames). TB-117 is mandatory for all upholstered furniture

offered for sale in California; TB-116 is a voluntary standard

routinely used for compliance screening tests; and TB-133 is mandatory

only for items of upholstered furniture intended for use in public

occupancies (excluding residences) not protected by automatic

sprinklers.

This proceeding is limited to small open-flame ignitions. Thus, it

does not cover TB-116 or TB-133, which apply respectively to cigarette

ignition and large open flames. The standard relevant to this

proceeding, TB-117, measures flammability performance by char length,

flame spread, or weight loss, when a lit cigarette or a small open

flame is applied to test surfaces of filling components. Under TB-117,

upholstery fabrics must also meet the flaming ignition requirements of

the CPSC's general wearing apparel regulations, which are codified at

16 CFR part 1610. (Virtually all upholstery materials comply with this

provision.) Fire retardant-treated foam--so-called ``California

Foam''--is used to meet TB-117. There is no California standard for

small open flames incorporating a composite test for finished items or

full-scale mockups.

2. Other Standards. The Upholstered Furniture Action Council

(``UFAC'') adopted, in 1978, a Voluntary Action Program and voluntary

test method, which incorporates cigarette ignition tests for furniture

components. In addition, ASTM, Inc.--formerly the American Society for

Testing & Materials--and the National Fire Protection Association

(``NFPA'') have adopted elements of a previously-developed draft CPSC

standard and the UFAC cigarette ignition test methods. Neither

organization, however, has adopted standards for small open-flame

ignitions, the subject of this ANPR.

Other existing standards include those promulgated in 1988 by the

British government, known as the ``Furniture and Furnishings (Fire)

(Safety) Regulations 1988 (Amended 1989).'' These regulations

supplemented a 1980 cigarette ignition regulation by adding a series of

open-flame performance requirements. In addition, the regulations

essentially banned all polyurethane foams--other than highly ignition-

resistant ``combustion-modified'' foams--for use as filling materials

in residential upholstered furniture. The regulations apply to most

used upholstered furniture manufactured after 1950 as well as to new

items.

G. Regulatory Alternatives Under Consideration

The Commission will consider the following alternatives to reduce

the number of injuries and deaths and the amount of property damage

from fires associated with small open-flame ignition of upholstered

furniture.

1. Flammability Standard. If the Commission finds that a standard

is needed to adequately protect the public against an unreasonable risk

of the occurrence of fire leading to death, injury, or significant

property damage, it may promulgate a flammability standard. Any such

standard would be stated in objective terms that are reasonable,

technologically practicable, and appropriate. It would also be limited

to such fabrics, related materials, or products which have been

determined to present the unreasonable risk found to exist.

2. Labeling Regulation. Either separately or as part of a

flammability standard, the Commission may consider issuance of a

labeling regulation as part of this proceeding.

3. Voluntary standards. The Commission could terminate this

proceeding and rely upon a voluntary standard submitted in response to

this notice if the standard would likely result in the elimination or

adequate reduction of the risk of injury identified in the notice, and

if there would likely be substantial compliance with such standard.

H. Solicitation of Information and Comments

Based on information currently available to the Commission from

investigations, research, and other sources, the Commission, in

accordance with section 4(a) of the FFA, 15 U.S.C. 1193(a), finds that

a new flammability standard, or other regulation, may be needed for

products of upholstered furniture made from fabrics and related

materials, and for fabrics and related materials used in, or intended

for use in upholstered furniture, to protect the public against the

unreasonable risk of the occurrence of fire leading to death, personal

injury, or significant property damage. The specific risk of the

occurrence of fire is from the ignition of upholstered furniture from

small open-flame sources.

This ANPR is the first step of a proceeding which could result in a

mandatory flammability standard and/or labeling regulation, or a

voluntary standard, for upholstered furniture that presents an

unreasonable risk of the occurrence of fire leading to death or

personal injury or significant property damage. To assist the

Commission in reaching an informed decision in this matter, the

Commission invites all interested persons to submit to the Commission

their comments on any aspect of the alternatives discussed above.

Specifically, in accordance with section 4(g) of the FFA, the

Commission solicits:

(1) Written comments with respect to the risk of injury identified

by the Commission, the regulatory alternatives being considered

(including the potential effectiveness and economic impacts of such

alternatives), and other possible alternatives for addressing the risk.

(2) Any existing standard or portion of a standard which could be

issued as a proposed regulation.

(3) A statement of intention to modify or develop a voluntary

standard to address the risk of injury discussed in this notice, along

with a description of a plan to do so.

In addition, the Commission would like to receive from interested

parties data on open-flame ignition tests of upholstered furniture.

Comments should be mailed, preferably in five (5) copies, to the

Office of the Secretary, Consumer Product Safety Commission,

Washington, D.C. 20207-0001, or delivered to the Office of the

Secretary, Consumer Product Safety Commission, Room 502, 4330 East West

Highway, Bethesda, Maryland 20814-4408; telephone (301) 504-0800. All

comments and submissions should be received no later than August 15,

1994.

Dated: June 9, 1994.

Sadye E. Dunn,

Secretary, Consumer Product Safety Commission.

[FR Doc. 94-14573 Filed 6-14-94; 8:45 am]

BILLING CODE 6355-01-P