18440 Federal Register / Vol. 86, No. 67 / Friday, April 9, 2021 / Rules and Regulations 
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 : Direct final rule. 
SUMMARY : The Consumer Product Safety 
Commission (Commission or CPSC) is issuing a direct final rule 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. 
DATES : Effective date: The rule is 
effective on June 25, 2021, and applies to upholstered furniture manufactured, imported, or reupholstered on or after that date, unless we receive a significant adverse comment by May 10, 2021. If we receive a timely significant adverse comment, we will publish notification in the Federal Register, withdrawing 
this direct final rule before the effective date. The Director of the Federal Register approves the incorporation by reference of certain documents listed in this final rule as of June 25, 2021. 
Compliance date for labeling 
requirement: Compliance with the 
labeling requirement in § 1640.4 must start by June 25, 2022, and applies to upholstered furniture manufactured, imported, or reupholstered on or after that date. 
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://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 : 
I. Statutory Authority 
On December 27, 2020, Congress 
signed into law, ‘‘COVID–19 Regulatory Relief and Work From Home Safety Act,’’ Public Law 116–260 (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).’’ 
II. Description of the California 
Standard 
The Commission is codifying the 
relevant sections in 16 CFR part 1640 to ensure that CPSC regulations clearly and accurately reflect the statutory 
requirements imposed on the regulated community by the COVID–19 Act. Immediate codification of the relevant portions of the COVID–19 Act requirements will put regulated parties on notice of their legal responsibilities and ensure that stakeholders, including manufacturers, importers, testing laboratories, consumers, and other interested parties, have notice that the CPSC will adopt the California standard effective on June 25, 2021. 
Pursuant to the COVID–19 Act, as of 
June 25, 2021, the California standard, TB 117–2013, is considered to be a flammability standard promulgated under section 4 of the FFA. TB 117– 2013 sets forth the requirements, test procedure, and apparatus for testing the smolder resistance of materials used in upholstered furniture from hazards associated with smoldering ignition. The standard provides methods for smolder resistance of cover fabrics, barrier materials, resilient filling 
materials, and decking materials for use in upholstered furniture. The COVID–19 Act also requires that states may not preempt sections 1374 through 1374.3 of title 4, California Code of Regulations (CCR) (except for subsections (b) and (c) of section 1374 of that title). 
•Section 1374, 4 CCR 1374, is titled, 
‘‘Flammability; Upholstered and Reupholstered Furniture’’ and provides that: 
(a) On and after January 1, 2015, all 
filling materials and cover fabrics contained in any article of upholstered furniture and added to reupholstered furniture shall meet the fire retardant requirements as set forth in TB 117– 2013. 
(b) In addition to the requirements of 
subsection (a) above, finished articles of upholstered furniture may also be tested in accordance with TB 116 entitled ‘‘Test Procedures and Apparatus for Testing the Flame Retardance of Upholstered Furniture,’’ dated January 2019. 
(c) The flammability requirements 
contained in this section are considered to be flammability performance standards. Testing under these standards shall be at the discretion of the licensee; however, products and materials offered for sale in this state shall meet all applicable flammability requirements established in these regulations. 
•Section 1374.1, 4 CCR 1374.1, is 
titled ‘‘Exemptions. [Repealed]; 
•Section 1374.2, 4 CCR 1374.2, is 
titled ‘‘Criteria for Exemption’’ and includes exemptions for certain articles of upholstered furniture including outdoor cushions and pads, certain 
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1Section 16(a) of the FFA states that, with certain 
exceptions: ‘‘[W]henever a flammability standard or 
other regulation for a fabric, related material, or product is in effect under this Act, no State or political subdivision of a State may establish or continue in effect a flammability standard or other regulation for such fabric, related material or product if the standard or other regulation is designed to protect against the same risk of occurrence of fire with respect to which the standard or other regulation under this Act is in effect unless the State or political subdivision standard or other regulation is identical to the Federal standard or other regulation.’’ 15 U.S.C. 1203(a). 
2Section 231 of the CPSIA, Public Law 110–314, 
provides that, ‘‘The provisions of this section establishing the extent to which the Flammable Fabrics Act (15 U.S.C. 1191 et seq.) preempts, limits, or otherwise affects any other Federal, State, or local law, any rule, procedure, or regulation, or any cause of action under State or local law not to be expanded or contracted in scope, or limited, modified or extended in application, by any rule or regulation under the Flammable Fabrics Act, or by reference in any preamble, statement of policy, executive branch statements, or other matter associated with the publication of any such rule or regulation.’’ (15 U.S.C. 2051 note). infant and toddler products, and 
medically prescribed furnishings; 
•Section 1374.3, 4 CCR 1374.3 is 
titled ‘‘Labeling’’ and prescribes certain labeling requirements for upholstered furniture conforming to section 1374 (a) and 1374 (b). 
In accordance with the requirements 
of 1 CFR 51.5, the CPSC includes regulatory text with following incorporations by reference: 
•TB 117–2013; 
•Sections 1374, 1374.2, and 1374.3 
of 4 CCR. 
III. Description of the Rule 
The Commission codifies the 
following relevant statutory text of 
section 2101 in the COVID–19 Act: 
A. Definitions 
The COVID–19 Act provides the 
following definitions: 
•The term ‘‘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 
subparagraph (1), without regard to whether the component or accessory, as applicable, is used— 
(a) alone; or 
(b) along with, or contained within, 
that item; 
•the term ‘‘California standard’’ 
means TB 117–2013; 
•the terms ‘‘foundation’’ and 
‘‘mattress’’ have the meanings given 
those terms in 16 CFR 1633.2, as in effect on the date of enactment of the COVID–19 Act; and 
•the term ‘‘upholstered furniture’’— 
(1) means an article of seating 
furniture that— 
(a) is intended for indoor use; 
(b) is movable or stationary; (c) is constructed with an upholstered 
seat, back, or arm; 
(d) is— (i) 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 
(ii) 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 
(e) 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— (a) a mattress; (c) a foundation; (d) any bedding product; or (e) furniture that is used exclusively 
for the purpose of physical fitness and exercise. 
B. Testing and Certification 
The COVID–19 Act provides that for 
purposes of 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. 
•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. 
C. Preemption 
The COVID–19 Act provides that for 
purposes of preemption, 
notwithstanding section 16 of the FFA
1 
and section 231 of the Consumer Product Safety Improvement Act of 2008,
2and except as provided in 
sections 1374 through 1374.3 of title 4, California Code of Regulations (except for subsections (b) and (c) of section 1374 of that title), 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. 
In addition, the COVID–19 Act 
provides that the COVID–19 Act and the FFA (15 U.S.C. 1191 et seq.) will not preempt or otherwise affect— 
(1) any State or local law, regulation, 
code, standard, or requirement that— 
(a) concerns health risks associated 
with upholstered furniture; and 
(b) 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 through 1374.3 of 
title 4, California Code of Regulations (except for subsections (b) and (c) of section 1374 of that title), as in effect on the date of enactment of this Act; or 
(3) the California standard. 
IV. Direct Final Rule Process 
The Commission is issuing this rule 
as a direct final rule (DFR). The Administrative Procedure Act (APA) generally requires notice and comment rulemaking. 5 U.S.C. 553(b). In Recommendation 95–4, the Administrative Conference of the United States (ACUS) endorsed direct final rulemaking as an appropriate procedure to expedite promulgation of rules that are noncontroversial and that are not expected to generate significant adverse comment. See 60 FR 43108 
(August 18, 1995). Consistent with the ACUS recommendation, the Commission is publishing this rule as a direct final rule because CPSC believes that this action is not controversial, and CPSC does not expect significant adverse comment because we are codifying statutorily mandated requirements. Unless we receive a significant adverse comment within 30 days, the rule will become effective on June 25, 2021. In accordance with ACUS’s recommendation, the Commission considers a significant adverse comment to be one where the commenter explains why the rule would be inappropriate, including an assertion challenging the rule’s underlying premise or approach, or a claim that the rule would be ineffective or unacceptable without change. 
Should the Commission receive a 
significant adverse comment, the Commission will withdraw this direct final rule. A notice of proposed rulemaking (NPR), providing an opportunity for public comment, is also 
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being published in this same issue of 
the Federal Register. 
V. Effective Date and Compliance Date 
Sec. 2101 of the COVID–19 Act states 
that, beginning on June 25, 2021, the California standard shall be considered to be a flammability standard promulgated by the CPSC under section 4 of the FFA (15 U.S.C. 1193). Section 4(b) of the FFA provides that 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 the Commission publishes the reason for that finding. Section 4(b) of the FFA 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 when used by consumers for the purpose for which they are intended. 15 U.S.C. 1193(b). 
A. Effective Date 
Under the COVID–19 Act, because the 
California standard is required to be 
promulgated as an FFA standard as of June 25, 2021, under section 4(b) of the FFA, the effective date would be a year from the date of promulgation, or June 25, 2022, absent Commission action. However, the Commission concludes that there is good cause to require an earlier effective date of June 25, 2021 because based on current information, a very high percentage (up to 95 percent) of upholstered furniture items currently marketed in the United States already comply with the TB 117–2013 requirements. Therefore, the June 25, 2021 effective date would not impose any significant additional burden to industry. Accordingly, upholstered furniture manufactured, imported, or reupholstered on or after June 25, 2021, is required to be compliant with the requirements of the standard. 
B. Inventory 
Section 4(b) of the Flammable Fabrics 
Act also states that ‘‘[e]ach . . . 
[promulgated] standard . . . shall exempt . . . products in inventory or with the trade as of the date on which the standard . . . becomes effective except that, if the Commission finds that any such . . . product is so highly flammable as to be dangerous when used by consumers for the purpose for which it is intended, it may under such conditions as the Commission may prescribe, withdraw, or limit the exemption for such . . . product.’’ Id. 
Because industry is substantially 
compliant with the TB–117–2013 requirements, most products in inventory or with trade would already meet the flammability requirements under the COVID–19 Act, and therefore, would not support a finding by the Commission that such products would be deemed highly flammable. Accordingly, the Commission concludes that there is no basis to prescribe, withdraw, or limit the exemption for products in inventory or trade. 
C. Compliance Date for Labeling 
The COVID–19 Act imposes a new 
requirement which directs each 
manufacturer of a product that is subject to the California standard to include the statement ‘‘Complies with U.S. CPSC requirements for upholstered furniture flammability’’ on a permanent label located on the product. Because this is a new requirement, the Commission provides a later compliance date, for the labeling requirements only, to allow the furniture industry sufficient time to implement the new labeling requirements and address any supply chain issues that may exist for relabeling upholstered furniture. Accordingly, upholstered furniture manufactured, imported, or reupholstered on or after June 25, 2021, must comply with the flammability 
requirements of TB 117–2013, and comply with the labeling requirements by June 25, 2022. 
VI. Incorporation by Reference 
The Office of the Federal Register 
(OFR) has regulations regarding 
incorporation by reference. 1 CFR part 51. Under these regulations, agencies must discuss, in the preamble of the rule, ways in which the material the agency incorporates by reference is reasonably available to interested parties, and how interested parties can obtain the material. In addition, the preamble of the rule must summarize the material. 1 CFR 51.5(a). 
In accordance with the OFR 
regulations, section II of this preamble summarizes the material in TB 117– 2013 and sections 1374, 1374.2, and 1374.3 of 4 CCR that the Commission incorporates by reference into 16 CFR part 1640. These documents are reasonably available to interested parties because these documents are not copyrighted and are publicly available. TB 117–2013 is available for viewing and downloading at https://bhgs.dca.ca.gov/about_ us/tb117_
2013.pdf. Interested parties can request 
a copy of TB 117–2013 from the State of California, Department of Consumer Affairs, 4244 South Market Court, Suite 
D, Sacramento, CA 95834. Sections 1374, 1374.2, and 1374.3 of 4 CCR are available for viewing and downloading at https://oal.ca/gov/publications/ccr/. 
Interested parties can order a hard-copy version of the CCR or purchase individual Titles, from Barclay, publisher of the Official CCR, at 1–800– 888–3600. See § 1640.6(b) for more availability information. 
The CPSC will make both TB117– 
2013, and sections 1374, 1374.2, and 1374.3 of 4 CCR available in www.regulations.gov in this docket, 
under Supporting and Related Material. Interested parties can also schedule an appointment to inspect copies at CPSC’s Division of the Secretariat, U.S. Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814, telephone: 301– 504–7479; email: cpsc-os@cpsc.gov. 
VII. Certification 
Section 14(a) of the Consumer 
Product Safety Act (CPSA; 15 U.S.C. 
2051–2089) requires manufacturers of products subject to a consumer product safety rule under the CPSA, or to a similar rule, ban, standard, or regulation under any other act enforced by the Commission, to certify that the products comply with all applicable CPSC requirements. 15 U.S.C. 2063(a). The COVID–19 Act provides that for purposes of testing and certification, 
fabric, related material, or product to which the California standard applies shall not be subject to section 14(a) of the CPSA (15 U.S.C. 2063(a)) with respect to that standard. Accordingly, section 14(a) of the CPSA does not apply to this standard for the flammability of upholstered furniture. However, the COVID–19 Act requires each manufacturer of a product that is subject to the California standard to 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 this standard. 
VIII. Regulatory Flexibility Act 
The Regulatory Flexibility Act (RFA; 
5 U.S.C. 601–612) generally requires 
agencies to review final rules for their potential economic impact on small entities, including small businesses, and prepare regulatory flexibility analyses. 5 U.S.C. 603, 604. The CPSC has determined that the direct final rule is limited to codifying the relevant statutory provisions of the COVID–19 Act, and will not cause a significant impact on small entities. The CPSC 
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certifies that this rule will not, if issued, 
have a significant impact on a substantial number of small entities. 
IX. Paperwork Reduction Act 
The COVID–19 Act includes 
requirements for labeling because it 
requires each manufacturer of a product that is subject to the California standard to include a permanent label located on the product with the statement ‘‘Complies with U.S. CPSC requirements for upholstered furniture flammability.’’ 
Although marking, labeling, and 
instructional literature can constitute a ‘‘collection of information,’’ as defined in the Paperwork Reduction Act (PRA; 44 U.S.C. 3501–3521), the PRA excepts labels that disclose information completely defined by the agency, such as the Surgeon General’s warnings about cigarettes. Here, the required label is defined by statute and allows for no variability regarding the content of the label. Thus, the public disclosure of information required by the product label: ‘‘Complies with U.S. CPSC requirements for upholstered furniture flammability’’ does not fall within the definition of ‘‘collection of information’’ under the PRA. 5 CFR 1320.3(c)(2). 
X. Environmental Considerations 
The Commission’s regulations 
provide a categorical exclusion for the 
Commission’s rules from any requirement to prepare an environmental assessment or an environmental impact statement where they ‘‘have little or no potential for affecting the human environment.’’ 16 CFR 1021.5(c)(2). This rule falls within the categorical exclusion, so no environmental assessment or environmental impact statement is required. 
XI. Preemption 
The COVID–19 Act provides that for 
purposes of preemption, 
notwithstanding the preemption provisions under section 16 of the Flammable Fabrics Act (15 U.S.C. 1203) and section 231 of the Consumer Product Safety Improvement Act of 2008 (CPSIA) (15 U.S.C. 2051 note), and except as provided in sections 1374 subsections (b) and (c) of the California Code of Regulations of section 1374; 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. In addition, the COVID–19 Act 
includes a provision—‘‘Preservation of Certain State Law’’ providing that nothing in the COVID–19 Act or the FFA (15 U.S.C. 1191 et seq.) will preempt or otherwise affect— 
(1) any State or local law, regulation, 
code, standard, or requirement that— 
(a) concerns health risks associated 
with upholstered furniture; and 
(b) 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 through 1374.3 of 
title 4, California Code of Regulations (except for subsections (b) and (c) of section 1374 of that title), as in effect on the date of enactment of this Act; or 
(3) the California standard. This rule codifies the preemption 
provisions to put regulated parties on notice of their legal responsibilities regarding preemption and to eliminate the potential for confusion that might arise in the event that a conflict is perceived between the preemption requirements of the COVID–19 Act and those contained in other CPSC statutes. 
XII. Congressional Review Act 
The Congressional Review Act (CRA; 
5 U.S.C. 801–808) states that before a 
rule may take effect, the agency issuing the rule must submit the rule, and certain related information, to each House of Congress and the Comptroller General. 5 U.S.C. 801(a)(1). The CRA submission must indicate whether the rule is a ‘‘major rule.’’ The CRA states that the Office of Information and Regulatory Affairs (OIRA) determines whether a rule qualifies as a ‘‘major rule.’’ 
Pursuant to the CRA, this rule does 
not qualify as a ‘‘major rule,’’ as defined in 5 U.S.C. 804(2). To comply with the CRA, CPSC will submit the required information to each House of Congress and the Comptroller General. 
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 amends 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. 
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(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; 
(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. 2021–06977 Filed 4–8–21; 8:45 am] 
BILLING CODE 6355–01–P 
AGENCY FOR INTERNATIONAL 
DEVELOPMENT 
22 CFR Part 212 
RIN 0412–AB00 
Procedures for the Review and 
Clearance of USAID’s Guidance Documents; Rescission 
AGENCY : U.S. Agency for International 
Development (USAID). 
ACTION : Final rule; rescission. 
SUMMARY : This rule is to rescind the 
regulation published on January 5, 2021, titled ‘‘Procedures for the review and clearance of USAID’s Guidance Documents.’’ This action is necessary to comply with the Executive order (E.O.) titled ‘‘Revocation of Certain Executive Orders Concerning Federal Regulation,’’ signed on January 20, 2021, which specifically requires the revocation of the E.O. titled ‘‘Promoting the Rule of Law Through Improved Agency Guidance Documents,’’ signed on October 9, 2010. To comply with the new E.O., USAID is removing its regulations setting forth processes and procedures for USAID to issue guidance documents as defined in October 2010 E.O. 
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