17140 Federal Register / Vol. 78, No. 54 / Wednesday, March 20, 2013 / Proposed Rules 

(2) If a federal credit union acquires 

premises for future expansion, it must 

partially occupy them within a 

reasonable period, but no later than 

three years after the date of acquisition. 

If the premises are unimproved land or 

unimproved real property, however, the 

three-year partial occupation 

requirement is extended to six years. 

NCUA may waive the partial occupation 

requirements. To seek a waiver, a 

federal credit union must submit a 

written request to its regional office 

within 30 months after the property is 

acquired and fully explain why it needs 

the waiver. The regional director will 

provide the federal credit union a 

written response, either approving or 

disapproving the request. The regional 

director’s decision will be based on 

safety and soundness considerations. 

(3) A federal credit union must make 

diligent efforts to dispose of abandoned 

premises and any other real property it 

does not intend to use in transacting 

business. The federal credit union must 

seek fair market value for the property, 

and record its efforts to dispose of 

abandoned premises. After premises 

have been abandoned for four years, the 

federal credit union must publicly 

advertise the property for sale. The 

federal credit union must complete the 

sale within five years of abandonment, 

unless NCUA waives this requirement. 

To seek a waiver, a federal credit union 

must submit a written request to its 

regional office and fully explain why it 

needs the waiver. The regional director 

will provide the federal credit union a 

written response, either approving or 

disapproving the request. The regional 

director’s decision will be based on 

safety and soundness considerations. 

(e) Prohibited Transactions. 

(1) A federal credit union must not 

acquire, or lease for one year or longer, 

premises from any of the following, 

unless NCUA waives this prohibition: 

(i) A member of the federal credit 

union’s board of directors, credit 

committee, supervisory committee, or 

senior management, or an immediate 

family member of such individual; 

(ii) A corporation in which a member 

of the federal credit union’s board of 

directors, credit committee, supervisory 

committee, or senior management, or an 

immediate family member of such 

individual, is an officer or director, or 

has a stock interest of 10 percent or 

more; or 

(iii) A partnership, limited liability 

company, or other entity in which a 

member of the federal credit union’s 

board of directors, credit committee, 

supervisory committee, or senior 

management, or an immediate family 

member of such individual, is a general 

partner, or a limited partner or entity 

member with an interest of 10 percent 

or more. 

(2) A federal credit union must not 

lease for one year or longer premises 

from any of its employees if the 

employee is directly involved in 

investments in fixed assets, unless the 

federal credit union’s board of directors 

determines the employee’s involvement 

is not a conflict of interest. 

(3) All transactions with business 

associates or family members not 

specifically prohibited by this section 

must be conducted at arm’s length and 

in the interest of the federal credit 

union. 

(4) To seek a waiver from any of the 

prohibitions in this section (e), a federal 

credit union must submit a written 

request to its regional office and fully 

explain why it needs the waiver. Within 

45 days of the receipt of the waiver 

request or all necessary documentation, 

whichever is later, the regional director 

will provide the federal credit union a 

written response, either approving or 

disapproving its request. The regional 

director’s decision will be based on 

safety and soundness considerations 

and a determination as to whether a 

conflict of interest exists. 

[FR Doc. 2013–06352 Filed 3–19–13; 8:45 am] 

BILLING CODE 7535–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. CPSC–2008–0005] 

16 CFR Part 1634 

Upholstered Furniture Fire Safety 

Technology; Meeting and Request for 

Comments 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Announcement of meeting and 

request for comments. 

SUMMARY: The Consumer Product Safety 

Commission (CPSC, Commission, or we) 

is announcing its intent to hold a 

meeting on upholstered furniture fire 

safety technologies. The meeting will be 

held at the CPSC’s laboratory in 

Rockville, MD, on April 25, 2013. We 

invite interested parties to participate in 

or attend the meeting. We also invite 

interested parties to submit comments 

related to the meeting or the possible 

change in regulatory approach 

discussed in this notice. 

DATES: The meeting will be held from 

9:00 a.m. to 4:00 p.m. on April 25, 2013. 

Individuals interested in serving on 

panels or presenting information at the 

meeting should register by March 25, 

2013; all other individuals who wish to 

attend the meeting should register by 

April 18, 2013. Written comments must 

be received by July 1, 2013. 

ADDRESSES: The meeting will be held at 

the CPSC’s National Product Testing 

and Evaluation Center, 5 Research 

Place, Rockville, MD 20850. Persons 

interested in serving on a panel, 

presenting information, or attending the 

meeting should register online at 

http://www.cpsc.gov/ 

meetingsignup.html and click on the 

link titled, ‘‘Upholstered Furniture Fire 

Safety Technology Meeting.’’ 

You may submit written comments, 

identified by Docket No. CPSC–2008– 

0005, by any of the following methods: 

Submit electronic comments in the 

following way: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

The Commission does not accept 

comments submitted by electronic mail 

(email), except through 

www.regulations.gov. 

Submit written submissions in the 

following way: 

Mail/Hand delivery/Courier (for 

paper, disk, or CD–ROM submissions), 

preferably in five copies, to: Office of 

the Secretary, Consumer Product Safety 

Commission, Room 820, 4330 East West 

Highway, Bethesda, MD 20814; 

telephone (301) 504–7923. 

Instructions: All submissions received 

must include the agency name and 

docket number for this notice. All 

comments received may be posted 

without change, including any personal 

identifiers, contact information, or other 

personal information provided, to 

http://www.regulations.gov. Do not 

submit confidential business 

information, trade secret information, or 

other sensitive or protected information 

electronically. Such information should 

be submitted in writing. 

FOR FURTHER INFORMATION CONTACT: 

Rohit Khanna, Office of Hazard 

Identification and Reduction, 5 

Research Place, Rockville, MD 20850, 

telephone 301–987–2508, email 

furnituretechmeeting@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On March 4, 2008, the Commission 

published a notice of proposed 

rulemaking (NPR) proposing a standard 

for the flammability of residential 

upholstered furniture. 73 FR 11702. The 

NPR originated from a petition 

submitted by the National Association 

of State Fire Marshals (NASFM) in 1993, 

and subsequent work by CPSC staff. The 


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Federal Register / Vol. 78, No. 54 / Wednesday, March 20, 2013 / Proposed Rules 17141 

history of the upholstered furniture 

rulemaking is summarized in the 

preamble to the NPR. 73 FR 11702. 

Under the NPR, upholstered furniture 

could meet the proposed standard by 

having either: (1) Upholstery cover 

material that complies with the 

prescribed smoldering ignition 

resistance test (called ‘‘Type I 

furniture’’) or (2) an interior fire barrier 

that complies with specified smoldering 

and open-flame ignition resistance tests 

(called ‘‘Type II furniture’’). The 

proposed rule set forth performance 

tests to be conducted with materials 

installed in mockups (using 

standardized test materials) to simulate 

the intersection of the seating area of an 

item of upholstered furniture. At the 

time the NPR was published, CPSC staff 

stated that real scale validation testing 

was needed to demonstrate that the 

bench-scale test approach in the NPR 

was adequate to address the fire 

performance of full-scale furniture. This 

point was also raised later in public 

comments received in response to the 

NPR. 

Since the Commission published the 

NPR, CPSC staff has conducted testing 

of upholstered furniture, using both fullscale furniture and bench-scale models, 

as proposed in the NPR. For this test 

series, the bench-scale performance did 

not demonstrate an adequate prediction 

of real furniture flammability 

performance, especially in the 

smoldering ignition tests. The openflame ignition bench-scale qualification 

tests for fire barriers, however, do 

appear to result in improvements in 

full-scale fire performance. At this 

point, CPSC’s testing indicates 

significant promise for barriers as a 

means to address the flammability risk 

posed by upholstered furniture. 

The Commission staff believes that 

fire barrier technology likely has 

advanced since publication of the NPR. 

One purpose of the Fire Safety 

Technology meeting is to gather 

additional information about the current 

and anticipated progress in fire barrier 

technologies and their application to 

upholstered furniture. Another purpose 

is to discuss other technologies and 

options to reduce the fire hazard posed 

by residential furniture. 

II. Topics for the Meeting 

In general, the meeting will focus on 

current and anticipated progress on fire 

barrier technologies and other options to 

reduce the fire hazard posed by 

residential furniture. We have identified 

the topics for the meeting below. In 

Section IV of this notice, we are seeking 

written comments on these topics as 

well as additional topics that are beyond 

the scope of what will be discussed at 

the meeting. We have identified the 

following specific topics we would like 

panelists to address at the meeting: 

1. Fire Barriers 

• Types of products available 

• Materials and technologies used in fire 

barriers 

• Capabilities and limitations of fire 

barriers 

• Mattress fire barriers 

• Cost considerations 

2. Commercial Furniture Fire Safety 

Technologies 

• Fire reduction strategies 

• Applicability to residential furniture 

3. Application of Other Fire Safety 

Technologies to Residential Furniture 

• Fire technologies used in marine and 

aviation furniture 

• Fire technologies used in other countries 

• Cost considerations 

We will determine the order of the 

panel sessions once we confirm the 

number of panelists available for each 

topic area. We may combine, expand, or 

eliminate panel sessions, depending 

upon the level of interest. The final 

schedule will be announced on our Web 

site by April 11, 2013. 

III. Details Regarding the Meeting 

A. When and where will the meeting be 

held? 

The meeting will be held from 9:00 

a.m. to 4:00 p.m. on April 25, 2013, at 

the CPSC’s Laboratory, 5 Research 

Place, Rockville, MD 20850. 

B. How do you register for the meeting? 

If you would like to be a panelist for 

a specific session of the meeting, you 

should register by March 25, 2013. (See 

the ADDRESSES portion of this document 

for the Web site link and instructions on 

where to register.) We also ask that you 

submit a brief (less than 200 word) 

abstract of your topic and area of 

expertise. If we receive more requests 

for a particular session from potential 

panelists than time will allow, staff will 

select panelists based on a variety of 

considerations, including: Whether the 

information to be presented has been 

received in previous open comment 

periods; the individual’s familiarity or 

expertise with the topic to be discussed; 

the practical utility in the information to 

be presented; the topic’s relevance to 

the identified theme and topic area. 

Although an effort will be made to 

accommodate all persons who wish to 

be panelists, we expect to limit each 

panel session to no more than 

approximately five panelists. Therefore, 

the final number of panelists may be 

limited. We recommend that 

individuals and organizations with 

common interests consolidate or 

coordinate their panelist requests. To 

assist in making final panelist 

selections, staff may ask potential 

panelists to submit planned 

presentations in addition to the initial 

abstract. We plan to notify selected 

panelists by April 4, 2013. 

If you wish to attend and participate 

in the meeting, but you do not wish to 

be a panelist, you should register by 

April 18, 2013, and identify your 

affiliation. Every effort will be made to 

accommodate each person’s request; 

however, we may need to limit 

registration to meet the occupant 

capacity of our meeting rooms. If you 

are unable to attend the meeting in 

person, the meeting will be available 

through a webcast, but you will not be 

able to interact with the panels and 

presenters. You do not need to register 

for the webcast. 

If you wish to submit written 

comments, you may do so before or after 

the meeting, by any of the methods 

stated in the ADDRESSES portion of this 

notice. These comments should be 

received by July 1, 2013. Comments 

should focus on new information that 

was not submitted previously that is 

related to the topic areas listed above. 

C. What will be the format of the 

meeting? 

The meeting will open with a plenary 

session that includes a brief overview of 

the Commission’s past activities on the 

furniture flammability rulemaking. 

Following that, there will be a series of 

panels covering the topics listed above. 

Each panel session will consist of 

stakeholders and members of the public 

and will be moderated by CPSC staff. 

We expect potential panelists to speak 

for approximately 10 minutes each 

about their topic area. At the conclusion 

of the panel’s presentations, there will 

be a question, answer, and discussion 

session among the panelists and the 

audience, limited to the topics 

discussed by the panelists. Each panel 

session is expected to last 

approximately 1 hour and 45 minutes. 

D. What happens if few people register 

for the meeting? 

If fewer than 6 panelists or 20 

participants register for the meeting, we 

may cancel the meeting. If we decide to 

cancel the meeting for this or any other 

reason, we will post a cancellation 

notice on the registration Web page for 

the meeting and send an email to each 

registered participant who provides a 

valid email address when registering. 

IV. Request for Comments 

We request comments on the 

possibility of moving from a regulatory 


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17142 Federal Register / Vol. 78, No. 54 / Wednesday, March 20, 2013 / Proposed Rules 

approach that primarily addresses fire 

deaths caused by smoldering ignition 

sources using bench scale models to one 

that relies on the use of fire barriers to 

address fires started by multiple types of 

ignition sources (including smoking 

materials) by limiting fire growth 

similar to the performance requirements 

in 16 CFR 1633. Staff has encountered 

problems with controlling standard 

materials (foam, fabric, barriers) when 

used in bench scale tests with a 

smoldering ignition source. Staff 

became concerned with the NPR 

approach when correlation of fire 

performance between bench scale tests 

and full scale chair tests—when tested 

for smoldering ignition—was not 

validated. Chairs tested with fire 

barriers consistently performed better 

than non-barrier chairs in open flame 

testing. In assessing the potential new 

strategy, CPSC staff is seeking 

information on the following questions: 

1. Can fire barriers used by the 

mattress industry be used in 

upholstered furniture applications? 

2. What modifications to mattress fire 

barriers, if any, are necessary to make 

them effective in upholstered furniture? 

3. What technologies (Fire retardant 

(FR) chemicals, specialty fibers/fabrics 

without FR chemicals, inherently fire 

resistant materials, etc.) do fire barrier 

manufacturers use to achieve improved 

fire performance? 

4. Do fire barrier manufacturers use 

FR chemicals to achieve improved fire 

performance? If so, are the FR chemicals 

covalently bonded to the barrier? What 

is the risk of human exposure from the 

specific FR chemicals used? What 

exposure testing and data exists for the 

specific FR chemicals used? Is the 

product that uses an FR chemical based 

fire barrier labeled to indicate use of 

such FR chemicals within it? 

5. What, if any, FR chemicals are used 

in mattress or other fire barrier 

technologies? 

6. What are the cost considerations for 

using fire barriers? How does furniture 

manufacturing and assembling change 

with a fire barrier? 

7. Given the variety of ignition 

sources involved in furniture fires, 

which ignition sources resulting in 

fatalities would fire barriers be effective 

in addressing the fatalities? 

8. What fire safety technologies from 

commercial furniture can be applied to 

residential furniture? 

9. What fire safety technologies from 

other industries (e.g., marine, aviation) 

can be applied to residential furniture? 

10. For fire barrier materials that do 

not use FR chemical treatments, what 

materials are used and what human 

exposure data exist for those materials? 

Dated: March 15, 2013. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2013–06372 Filed 3–19–13; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Parts 1, 16, 106, 110, 114, 117, 

120, 123, 129, 179, and 211 

[Docket No. FDA–2011–N–0920] 

RIN 0910–AG36 

Current Good Manufacturing Practice 

and Hazard Analysis and Risk-Based 

Preventive Controls for Human Food; 

Correction 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Proposed rule; correction. 

SUMMARY: The Food and Drug 

Administration (FDA or we) is 

correcting a proposed rule that 

published in the Federal Register of 

January 16, 2013. That proposed rule 

would amend our regulation for current 

good manufacturing practice in 

manufacturing, packing, or holding 

human food (CGMPs) to modernize it 

and to add requirements for domestic 

and foreign facilities that are required to 

register under the Federal Food, Drug, 

and Cosmetic Act (the FD&C Act) to 

establish and implement hazard 

analysis and risk-based preventive 

controls for human food. That proposed 

rule also would revise certain 

definitions in our current regulation for 

registration of food facilities to clarify 

the scope of the exemption from 

registration requirements provided by 

the FD&C Act for ‘‘farms.’’ We proposed 

these actions as part of our announced 

initiative to revisit the CGMPs since 

they were last revised in 1986 and to 

implement new statutory provisions in 

the FD&C Act. The document published 

with several typographical errors, 

stylistic errors (such as incorrect 

indentation of bulleted paragraphs and 

a gap in the sequential numbering of 

tables), and a mistake in the date of a 

reference. The document also published 

with an Appendix in which all 

references are numbered incorrectly. 

This document corrects those errors. 

FOR FURTHER INFORMATION CONTACT: 

Jenny Scott, Center for Food Safety and 

Applied Nutrition (HFS–300), Food and 

Drug Administration, 5100 Paint Branch 

Pkwy., College Park, MD 20740, 240– 

402–2166. 

SUPPLEMENTARY INFORMATION: FDA is 

correcting the January 16, 2013 (78 FR 

3646), proposed rule entitled ‘‘Current 

Good Manufacturing Practice and 

Hazard Analysis and Risk-Based 

Preventive Controls for Human Food.’’ 

The document published with several 

typographical errors, stylistic errors 

(such as incorrect indentation of 

bulleted paragraphs and a gap in the 

sequential numbering of tables), and a 

mistake in the date of a reference. We 

note that there are a total of 10 

numbered tables in the preamble. These 

tables are numbered as follows: Table 1 

(page 3675), table 2 (page 3679), table 3 

(page 3680), table 4 (page 3682), table 5 

(page 3687), table 6 (page 3692), table 8 

(page 3714), table 9 (page 3717), table 10 

(page 3718), and table 11 (page 3728). 

There is no table numbered ‘‘Table 7’’. 

We are not changing the table numbers 

to adjust the gap between tables 6 and 

8 because the cross-references within 

the document to tables 8, 9, 10, and 11 

are all correct, and because the gap 

between tables 6 and 8 is a stylistic error 

that does not affect the substantive 

content of the document. We apologize 

for any confusion. The document also 

published with an Appendix in which 

all references are numbered incorrectly. 

This document corrects those errors. 

In FR Doc. 2013–00125, beginning on 

page 3646, in the Federal Register of 

Wednesday, January 16, 2013, we are 

making the following corrections: 

1. On page 3650, in the first column, 

in the first full paragraph, in the last 

sentence, ‘‘Pub. L. 111–533’’ is corrected 

to read ‘‘Public Law 111–353’’. 

2. On page 3717, in the second 

column of ‘‘Table 9—Proposed 

Revisions for Consistency of Terms,’’ in 

the first entry, ‘‘the phrase ‘‘foodproduction purposes (i.e., 

manufacturing, processing, packing, and 

holding) to consistently use the same 

group of terms in proposed part 117’’ is 

corrected by closing the quotation after 

the parenthetical phrase to read ‘‘the 

phrase ‘‘food-production purposes (i.e., 

manufacturing, processing, packing, and 

holding)’’ to consistently use the same 

group of terms in proposed part 117’’. 

3. On page 3728, in the first column 

of ‘‘Table 11—Potential Revisions to 

Establish Requirements in Place of 

Current Guidance,’’ in the fifth entry, 

‘‘§ 117.40(a)(1)’’ is corrected to read 

‘‘§ 117.40(a)(3)’’. 

4. On page 3728, in the second 

column of ‘‘Table 11—Potential 

Revisions to Establish Requirements in 

Place of Current Guidance,’’ in the fifth 

entry, the word ‘‘must’’ in ‘‘All 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS