18491 Federal Register / Vol. 86, No. 67 / Friday, April 9, 2021 / Proposed Rules 
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. Regulatory Notices and Analyses 
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. 
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. 
* * * * * 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 
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:// 
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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: cpsc- os@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 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 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. § 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 § 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 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 § 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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(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, 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 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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