March 15, 2006
Part II
Consumer Product
Safety Commission
16 CFR Part 1633
Standard for the Flammability (Open Flame) of Mattress Sets; Final Rule
CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1633
Final Rule: Standard for the Flammability (Open Flame) of Mattress Sets
AGENCY: Consumer
Product Safety Commission.
ACTION: Final rule.
SUMMARY: The Consumer
Product Safety Commission (‘‘Commission’’) is issuing a flammability
standard under the authority of the Flammable Fabrics Act. This new standard
establishes performance requirements based on research conducted by the
National Institute of Standards and Technology (‘‘NIST’’). Mattresses and
mattress and foundation sets (‘‘mattress sets’’) that comply with the
requirements will generate a smaller size fire with a slower growth rate, thus
reducing the possibility of flashover occurring. These improved mattresses
should result in significant reductions in deaths and injuries associated with
the risk of mattress fires. The Commission estimates that the standard could
limit the size of mattress fires to the extent that 240 to 270 deaths and 1,150
to 1,330 injuries could potentially be eliminated annually. As discussed in the
preamble, this means that the standard could yield lifetime net benefits of $23
to $50 per mattress or aggregate lifetime net benefits for all mattresses
produced in the first year of the standard of $514 million to $1,132 million.
DATES: The
rule will become effective on
July 1, 2007 and applies to mattress sets manufactured, imported, or renovated
on or after that date.
FOR FURTHER INFORMATION CONTACT:
Jason Hartman, Office of Compliance, U.S. Consumer
Product Safety Commission, 4330 East West Highway, Bethesda, Maryland 20814;
telephone (301) 504–7591; e-mail jhartman@cpsc.gov.
SUPPLEMENTARY INFORMATION:
A. Background
The Commission
is issuing this flammability standard to reduce deaths and injuries related to
mattress fires, particularly those initially ignited by open flame sources such
as lighters, candles and matches.1 Although the
1 Chairman Hal Stratton and Commissioner Nancy Nord issued
a joint statement, and Commissioner Thomas H. Moore issued a separate
statement. These are available from the Commission’s Office of the Secretary
(Office of the Secretary, Consumer Product Safety Commission,
Commission has a flammability standard directed toward
cigarette ignition of mattresses, 16 CFR Part 1632, a significant number of
mattress fires are ignited by open flame sources and are not directly addressed
by that standard.
On October 11, 2001, the Commission issued an advance
notice of proposed rulemaking (‘‘ANPR’’) concerning the open flame ignition of
mattresses/ bedding. 66 FR 51886. CPSC, industry, and the California Bureau of
Home Furnishings and Thermal Insulation (‘‘CBHF’’) worked with National
Institute of Standards and Technology (‘‘NIST’’), which conducted research to
develop a test method that could be included in a standard to address open
flame ignition of mattresses. On January 13, 2005, the Commission issued a notice
of proposed rulemaking (‘‘NPR’’) proposing a flammability standard based on the
NIST research. 70 FR 2470. Comments received in response to the NPR are
discussed in section H of this notice.
The characteristics of mattress/ bedding fires and research
conducted to develop the standard are discussed in detail in the NPR, 70 FR
2470, and in the staff’s technical memoranda supporting this rulemaking.
Because a mattress contains a substantial amount of flammable materials, if it
(one that does not meet the standard) ignites in a bedroom fire the mattress
will burn rapidly, and will quickly reach dangerous flashover conditions within
a few minutes. Flashover is the point at which the entire contents of a room
are ignited simultaneously by radiant heat, making conditions in the room
untenable and safe exit from the room impossible. At flashover, room
temperatures typically exceed 600–800° C (approximately 1100–1470° F). About
two-thirds of all mattress fatalities are attributed to mattress fires that
lead to flashover. This accounts for nearly all of the fatalities that occur
outside the room where the fire originated and about half of the fatalities
that occur within the room of origin.
The size of a fire can be measured by its rate of heat
release. A heat release rate of approximately 1,000 kilowatts (‘‘kW’’) leads to
flashover in a typical room. Tests of twin size mattresses of traditional
constructions (complying with the existing mattress cigarette ignition standard
in 16 CFR 1632) without bedclothes have measured peak heat release rates that
exceeded 2,000 kW in less than 5 minutes. In tests of
Room 502, 4330 East-West
Highway, Bethesda, Maryland 20814; telephone 301–504–7293; or e-mail: cpsc-os@cpsc.gov)
or from the Commission’s Web site, www.cpsc.gov.
traditional king size mattresses, peak rates of heat
release were nearly double that. [2] 2
The goal of the standard is to minimize or delay
flashover when a mattress is ignited in a typical bedroom fire. With certain
exceptions explained below, the standard requires manufacturers to test
specimens of each of their mattress prototypes (designs) before mattresses
based on that prototype may be introduced into commerce. The standard
prescribes a full-scale test using a pair of T-shaped gas burners designed to
represent burning bedclothes. The mattress set must not exceed a peak heat
release rate of 200 kW at any time during a 30 minute test, and the total heat
release for the first 10 minutes of the test must not exceed 15 megajoules
(‘‘MJ’’). Mattresses that meet the standard’s criteria will make only a limited
contribution to a fire, especially in the early stages of the fire. This will
allow occupants more time to discover the fire and escape. [1&2]
The State of California’s Bureau of Home Furnishings and
Thermal Insulation issued an open flame fire standard for mattresses and
mattress/ box spring sets and futons, TB 603, which went into effect January 1,
2005. Both the Commission’s standard and TB 603 are based on the research
conducted at NIST, and they use the same basic test method. Both TB 603 and the
Commission’s standard require that mattresses not exceed a 200 kW peak heat
release rate during the 30 minute test. However, the standards differ in the
limit they set on total energy release in the first ten minutes of the test
(the Commission’s standard sets a stricter limit of 15 MJ, while TB 603 sets
the limit at 25 MJ).
NIST has conducted extensive research on mattress/bedding
fires for the Sleep Products Safety Council (‘‘SPSC’’) and the Commission. The
NPR summarized the research that was conducted to develop the test method and
other research conducted prior to publication of the NPR. 70 FR 2470.
Subsequently, CPSC contracted with NIST to conduct additional test work to
explore technical issues raised in the comments that the Commission received on
the NPR and to provide additional technical support for finalizing the
2 Numbers in brackets refer to documents listed at the end of this notice.
They are available from the Commission’s Office of the Secretary, (Office of
the Secretary, Consumer Product Safety Commission, Room 502, 4330 East-West
Highway, Bethesda, Maryland 20814; telephone 301–504– 7293; or e-mail: cpsc-os@cpsc.gov)
or from the Commission’s Web site (http://www.cpsc.gov/ library/foia/foia.html).
standard. This work included a series of tests to
evaluate the heat flux of different burner hole sizes, effects of temperature
and relative humidity conditions, flammability behavior of one-sided
mattresses, and flammability performance (durability) of selected flame
retardant barriers. This research is discussed in the CPSC Engineering Sciences
Directorate’s memorandum, ‘‘Technical Rationale for the Standard for the
Flammability (Open-Flame) of Mattress Sets and Engineering Responses to
Applicable Public Comments,’’ and the staff’s briefing memorandum. [2&1]
B. Statutory
Authority
This proceeding
is conducted pursuant to Section 4 of the Flammable Fabrics Act (‘‘FFA’’),
which authorizes the Commission to initiate proceedings for a flammability
standard when it finds that such a standard is ‘‘needed to protect the public
against unreasonable risk of occurrence of fire leading to death or personal
injury, or significant property damage.’’ 15 U.S.C. 1193(a).
Section 4 also sets forth the process by which the
Commission may issue a flammability standard. As required in section 4(g), the
Commission issued an ANPR. 66 FR 51886. 15 U.S.C. 1193(g). The Commission
reviewed the comments submitted in response to the ANPR and issued a notice of
proposed rulemaking (‘‘NPR’’) containing the text of the proposed rule along
with alternatives the Commission has considered and a preliminary regulatory
analysis. 70 FR 2470. 15 U.S.C. 1193(i). The Commission considered comments
provided in response to the NPR and is issuing this final rule along with a
final regulatory analysis. 15 U.S.C. 1193(j). The Commission cannot issue a
final rule unless it makes certain findings and includes these in the
regulation. The Commission must find: (1) If an applicable voluntary standard
has been adopted and implemented, that compliance with the voluntary standard
is not likely to adequately reduce the risk of injury, or compliance with the
voluntary standard is not likely to be substantial; (2) that benefits expected
from the regulation bear a reasonable relationship to its costs; and (3) that
the regulation imposes the least burdensome alternative that would adequately
reduce the risk of injury. 15 U.S.C. 1193(j)(2). In addition, the Commission
must find that the standard
(1) is needed to adequately
protect the public against the risk of the occurrence of fire leading to death,
injury or significant property damage, (2) is reasonable, technologically
practicable, and appropriate, (3) is limited to fabrics,
related materials or products
which present unreasonable risks, and (4) is stated in objective terms. 15
U.S.C. 1193(b). The Commission makes these findings in section 1633.8 of the
rule.
C. The Product
The standard applies to mattresses and mattress and
foundation sets (‘‘mattress sets’’). ‘‘Mattress’’ is defined as a resilient
material, used alone or in combination with other materials, enclosed in a
ticking and intended or promoted for sleeping upon. For further details on how
the term is defined in the standard see section E.3. of this preamble.
Throughout the standard the Commission uses the term
‘‘mattress set’’ to mean a mattress alone if the mattress is manufactured for
sale without a foundation, or a mattress and a foundation together, if the
mattress is manufactured for sale with a foundation. Under the standard, a
mattress manufactured for sale with a foundation must be tested with its
foundation and a mattress manufactured for sale alone must be tested alone.
According to
the International Sleep Products Association (‘‘ISPA’’), the top four producers
of mattresses and foundations account for almost 60 percent of total U.S.
production. In 2003, there were 571 establishments producing mattresses in the
U.S. [7]
Mattresses and foundations are typically sold as sets.
However, more mattresses are sold annually than foundations; some mattresses
are sold as replacements for existing mattresses (without a new foundation) or
are for use in platform beds or other beds that do not require a foundation.
ISPA estimated that the total number of U.S. conventional mattress shipments
was 22.5 million in 2004, and would be 23.0 million in 2005. These estimates do
not include futons, crib mattresses, juvenile mattresses, sleep sofa inserts,
or hybrid water mattresses. These ‘‘non-conventional’’ sleep surfaces are
estimated to comprise about 10 percent of total annual shipments of all sleep
products. The value of conventional mattress and foundation shipments in 2004,
according to ISPA, was $4.10 and $1.69 billion respectively, compared to $3.28
and $1.51 billion respectively in 2002. [7]
The expected useful life of mattresses can vary
substantially, with more expensive models generally experiencing the longest
useful lives. Industry sources recommend replacement of mattresses after 10 to
12 years of use, but do not specifically estimate the average life expectancy.
In the 2001 mattress ANPR, the
Commission estimated the expected useful life of a
mattress at about 14 years. To estimate the number of mattresses in use for
analysis of the proposed rule, the Commission used both a 10 year and 14 year
average product life. Using CPSC’s Product Population Model, the Commission
estimates the number of mattresses (conventional and non-conventional) in use
in 2005 to be 237 million using a ten-year average product life, and 303.9
million using a fourteen-year average product life. [7]
According to industry sources, queen size mattresses are
the most commonly used. In 2004, queen size mattresses were used by 34.9
percent of U.S. consumers. Twin and twin XL were used by 29.3 percent of U.S.
consumers, followed by full and full XL (19.9 percent), king and California
king (11.5 percent), and all other sizes (4.4 percent). The average
manufacturing price in 2004 was $182 for a mattress and $90 for a foundation.
Thus, the average manufacturing price of a mattress and foundation set was
about $272 in 2004. Although there are no readily available data on average
retail prices for mattress/foundation sets by size, ISPA reports that sets
selling under $500 represented 34.6 percent of the market in 2004 compared to
40.7 percent in 2002. Sets selling for between $500 and $1000 represented 41.1
percent of the market in 2004, compared to 39.2 percent in 2002. [7]
The top four manufacturers of mattresses and foundations
operate about one-half of the 571 U.S. establishments producing these products.
The remainder of the establishments are operated by smaller firms. According to
the Statistics of U.S. Businesses Census Bureau data, all but twelve mattress
firms had fewer than 500 employees in 2002. If one considers a firm with fewer
than 500 employees to be a small business, then 97.7 percent ((522–12)/522) of
all mattress firms are small businesses. [7] The potential impact of the
standard on these small businesses is discussed in section K of this document.
D. Risk of Injury
Annual estimates of national fires and fire losses
involving ignition of a mattress or bedding are based on data from the U.S.
Fire Administration’s National Fire Incident Reporting System (‘‘NFIRS’’) and
the National Fire Protection Administration’s (‘‘NFPA’’) annual survey of fire
departments. The most recent national fire loss estimates indicated that
mattresses and bedding were the first items to ignite in 15,300 residential
fires attended by the fire
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