32758 Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations 

Commerce; telephone: (202) 482–4883; 

email: PublicAffairs@doc.gov. 

SUPPLEMENTARY INFORMATION: Executive 

Order 13942 of August 6, 2020, 

‘‘Addressing the Threat Posed by 

TikTok, and Taking Additional Steps to 

Address the National Emergency With 

Respect to the Information and 

Communications Technology and 

Services Supply Chain’’, (85 FR 48637) 

found that the mobile application 

TikTok posed a threat to the United 

States and prohibited certain 

transactions with respect to ByteDance 

Ltd. or its subsidiaries, and directed the 

Secretary of Commerce (Secretary) to 

identify transactions subject to the 

prohibitions. Similarly, Executive Order 

13943 of August 6, 2020, ‘‘Addressing 

the Threat Posed by WeChat, and 

Taking Additional Steps To Address the 

National Emergency With Respect to the 

Information and Communications 

Technology and Services Supply 

Chain’’, (85 FR 48641) found that the 

mobile app WeChat posed a threat to the 

United States and prohibited certain 

transactions with respect to Tencent 

Holdings Ltd. or its subsidiaries, and 

directed the Secretary to identify 

transactions subject to the prohibitions. 

On September 18, 2020, the 

Department issued an Identification of 

Prohibited Transactions To Implement 

Executive Order 13942 and Address the 

Threat Posed by TikTok and the 

National Emergency With Respect to the 

Information and Communications 

Technology and Services Supply Chain. 

A version of this Identification (with 

revised dates of effectiveness) was 

published in the Federal Register on 

September 24, 2020 (85 FR 60061). Also 

on September 18, 2020, the Department 

issued an Identification of Prohibited 

Transactions To Implement Executive 

Order 13943 and Address the Threat 

Posed by WeChat and the National 

Emergency With Respect to the 

Information and Communications 

Technology and Services Supply Chain. 

This Identification was not published in 

the Federal Register, but it has 

remained available for public inspection 

on the Department’s website. All 

prohibitions were enjoined by federal 

courts prior to taking effect. 

On June 9, 2021, Executive Order 

14034 (Protecting Americans’ Sensitive 

Data from Foreign Adversaries) revoked 

Executive Orders 13942 and 3943 and 

required executive departments and 

agencies to promptly take steps to 

rescind any orders, rules, regulations, 

guidelines, or policies, or portions 

thereof, implementing or enforcing 

those Executive Orders (86 FR 31423). 

Accordingly, the Secretary of Commerce 

has rescinded the Identification of 

Prohibited Transactions with respect to 

TikTok and the Identification of 

Prohibited Transactions with respect to 

WeChat. 

Authority 

International Emergency Economic 

Powers Act, 50 U.S.C. 1701, et seq.; 

National Emergencies Act, 50 U.S.C. 

1601 et seq.; Executive Order 14034, 86 

FR 31423. 

Dated: June 17, 2021. 

Wynn W. Coggins, 

Acting Chief Financial Officer and Assistant 

Secretary for Administration. 

[FR Doc. 2021–13156 Filed 6–21–21; 8:45 am] 

BILLING CODE 3510–20–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1632 

[Docket No. CPSC–2020–0024] 

Standard for the Flammability of 

Mattresses and Mattress Pads; 

Amendment 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Final rule. 

SUMMARY: The Consumer Product Safety 

Commission (Commission, or CPSC) is 

issuing this final rule to amend its 

Standard for the Flammability of 

Mattresses and Mattress Pads. The 

ignition source cigarette specified in the 

standard for use in the mattress 

standard’s performance tests, Standard 

Reference Material cigarette SRM 1196, 

is no longer available for purchase. This 

final rule amends the mattress standard 

to require a revised Standard Reference 

Material cigarette, SRM 1196a, which 

was developed by the National Institute 

of Standards and Technology, as the 

ignition source for testing to the 

mattress standard. 

DATES: This rule is effective July 23, 

2021. 

FOR FURTHER INFORMATION CONTACT: Lisa 

Scott, Directorate for Laboratory 

Sciences, Office of Hazard Identification 

and Reduction, U.S. Consumer Product 

Safety Commission, 5 Research Place, 

Rockville, MD 20850; telephone: 301– 

987–2064; email: lscott@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

1. The Standard 

The Standard for the Flammability of 

Mattresses and Mattress Pads 

(Standard), 16 CFR part 1632, issued 

pursuant to the Flammable Fabrics Act 

(FFA), 15 U.S.C. 1191 et seq., sets forth 

a test to determine the ignition 

resistance of a mattress or mattress pad 

when exposed to a lighted cigarette. 

Lighted cigarettes are placed at specified 

locations on the mattress or mattress 

pad. The Standard establishes pass/fail 

criteria for the tests. The Standard 

currently specifies the ignition source 

for these tests as Standard Reference 

Material cigarette SRM 1196, available 

for purchase from the National Institute 

of Standards and Technology (NIST). 

See 16 CFR 1632.4(a)(2). 

2. Development of the Original Standard 

Reference Material Cigarette 

The original specification for the 

Standard’s ignition source included 

physical characteristics of a 

conventional, commercially available, 

non-filtered, king-sized cigarette. 

Although no specific brand was 

identified in the standard, a Pall Mall 

Red cigarette, manufactured by R.J. 

Reynolds Tobacco Company (RJR), was 

commonly known to meet the 

specifications. In early 2008, RJR 

notified CPSC that the company 

intended to convert its production of 

Pall Mall Red cigarettes to be Fire 

Standard Compliant (FSC). 

In 2008, CPSC sought to find an 

alternate ignition source and contracted 

with NIST to develop an ignition source 

with an ignition strength equivalent to 

the Pall Mall Red cigarette. The ignition 

strength value is on a scale from 0 to 

100 and is analogous to the percentage 

of full-length burns on a laboratory 

substrate. Lower values indicate a 

cigarette is more likely to self-extinguish 

when not actively being smoked, while 

higher values indicate a cigarette is 

more likely to remain lit while 

unattended. The non-FSC Pall Mall Red 

ignition strength varied by vintage from 

a low of 35 to a high of 95, most often 

falling at the higher end of the range. 

FSC cigarettes are required to have an 

ignition strength lower than 25, and in 

practice, they are often much weaker, to 

ensure uniform compliance. 

In 2010, NIST developed SRM 1196, 

Standard Cigarette for Ignition 

Resistance Testing. SRM 1196 was 

available for purchase starting in 

September 2010. On November 1, 2010, 

CPSC proposed the use of SRM 1196 as 

the standard ignition source. 75 FR 

67047. On September 23, 2011, CPSC 

issued a final rule amending the 

Standard to specify SRM 1196 as the 

standard ignition source, which became 

effective on September 23, 2012. 76 FR 

59014. 


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Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations 32759 

1This final rule is based on information and 

analysis provided in the Staff Briefing Package, 

Final Rule: Amendment to 16 CFR part 1632 

Standard for the Flammability of Mattresses and 

Mattress Pads, available at https://www.cpsc.gov/ 

s3fs-public/Standard-for-the-Flammability-ofMattresses-and-Mattress-Pads-SRM-1196aCigarette.pdf?bHVseQI3Ak24UimMOnqrsDwtav

QYGg4E. 

3. Development of a New Standard 

Reference Material Cigarette 

All of the SRM 1196 cigarettes were 

produced in one production run in 

2010, with a supply estimated to last 

approximately 10 years. NIST staff made 

several attempts to procure a new batch 

of SRM 1196 cigarettes as the supply 

dwindled; but in late 2018, the supply 

of SRM 1196 was depleted before NIST 

was able to complete a new 

procurement. NIST was unable to find 

a manufacturer to produce additional 

SRM 1196 cigarettes. However, NIST 

successfully procured SRM 1196a as a 

replacement for SRM 1196. 

NIST conducted tests to determine 

whether the SRM 1196 properties were 

replicated in the new SRM 1196a. NIST 

evaluated the suitability of SRM 1196a 

by examining the cigarette’s ignition 

strength, tobacco column length and 

mass, use of unbanded paper, and 

absence of a filter. Tobacco column 

length is the length of the cigarette that 

contains tobacco. Banded paper 

contains bands that slow the cigarette’s 

combustion when not actively being 

smoked, while unbanded paper does not 

contain these bands. NIST affirmed that 

these SRM 1196 properties were 

replicated in the new SRM 1196a, 

because the latter has a similar ignition 

strength, tobacco column length and 

mass, it uses unbanded paper, and it has 

no filter. NIST began selling SRM 1196a 

in February 2020. 

4. CPSC Staff Evaluation of SRM 1196a 1

CPSC staff evaluated SRM 1196a in a 

pilot study and then a full-scale study 

to determine whether it is a comparable, 

safety-neutral replacement for SRM 

1196. 

CPSC staff conducted an initial pilot 

study in late 2019 to evaluate the 

suitability of SRM 1196a as a substitute 

for SRM 1196. The goal of the pilot 

study was to ensure the full-scale study 

met statistically robust and scientifically 

meaningful criteria. Staff evaluated the 

confidence interval and margin of error 

to use in the full-scale study, based on 

an examination of the 2010 transition 

from the original ignition source to SRM 

1196, CPSC compliance data, and the 

number of test replicates required by the 

Standard. Based on this analysis and 

testing during the pilot study, staff 

subject matter experts determined that a 

90 percent confidence interval and 

equivalence margin of 35 percent were 

appropriate. 

CPSC staff then conducted a full-scale 

study in early 2020, to determine 

whether there is statistical equivalence 

between SRM 1196 and SRM 1196a. In 

the full-scale study, staff evaluated SRM 

1196 and SRM 1196a and found 

statistically equivalent char length pass/ 

fail patterns for all tested mattress 

substrates. Test results were within a 90 

percent confidence interval and 

equivalence margin of 35 percent. Staff 

noted that NIST certified the ignition 

strengths of both SRMs to be 

comparable, based on a 95 percent 

confidence interval with a 5 percent 

margin in laboratory testing. Although 

the bounds found by CPSC staff are 

larger than the NIST confidence 

interval, staff determined that the NIST 

tests only examined the cigarette 

characteristics on substrates that have 

little variability. The CPSC testing 

included representative mattress 

materials that are inherently more 

variable than the benchmark substrates 

in the NIST cigarette tests. Furthermore, 

staff analysis of both SRM cigarettes 

found that the physical dimensions of 

SRM 1196 and SRM 1196a are nearly 

identical. Based on the evidence 

provided by the full-scale study, pilot 

study, and NIST certification, as well as 

examination of CPSC compliance data 

and data from the 2010 transition from 

the original ignition source to SRM 

1196, CPSC staff’s review showed that 

SRM 1196a cigarettes are statistically 

equivalent to SRM 1196. On these bases, 

the Commission finds that SRM 1196a 

is a comparable, safety-neutral 

replacement for SRM 1196. 

B. Statutory Provisions 

The FFA sets forth the process by 

which the Commission can issue or 

amend a flammability standard. 15 

U.S.C. 1193. In accordance with those 

provisions, the Commission is 

amending the Standard to specify SRM 

1196a as the ignition source for testing 

under the Standard. As required by the 

FFA, the Commission published a 

proposed rule containing the text of the 

ignition source revision, alternatives 

considered, and a preliminary 

regulatory analysis. 15 U.S.C. 1193(i); 85 

FR 68803 (Oct. 30, 2020). 

Before issuing a final rule, the 

Commission must prepare a final 

regulatory analysis and make findings 

concerning any relevant voluntary 

standard, the relationship of costs and 

benefits of the rule (in this case, the 

ignition source revision), and the 

burden imposed by the rule. 15 U.S.C. 

1193(j). In addition, the Commission 

must find that the rule: (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. Id. 1193(b). 

The Commission also must provide an 

opportunity for interested persons to 

make an oral presentation concerning 

the rulemaking before the Commission 

may issue a final rule. Id. 1193(d). In the 

preamble to the proposed rule, the 

Commission requested that anyone who 

wanted to make an oral presentation 

concerning this rulemaking contact the 

Commission’s Division of the Secretariat 

within 45 days of publication of the 

proposed rule. The Commission did not 

receive any requests to make an oral 

presentation. 

C. Description of the Revised Ignition 

Source 

Currently, the Standard requires that 

the ignition source for testing mattresses 

‘‘shall be a Standard Reference Material 

cigarette (SRM 1196), available for 

purchase from the National Institute of 

Standards and Technology. . . .’’ 16 

CFR 1632.4(a)(2). CPSC is amending the 

Standard to require the use of SRM 

1196a instead of SRM 1196 cigarettes. 

D. Response to Comments on the 

Proposed Rule 

The Commission received four public 

comments. One commenter supported 

amending the standard to update the 

SRM ignition source, citing the need for 

consistency in flammability 

performance and test methods. Three 

other commenters opposed the 

amendment. The issues raised in the 

comments are summarized and 

addressed below. 

Comment: The cost of implementing 

SRM 1196a would negatively impact 

mattress manufacturers, due to the 

higher price charged for SRM 1196a 

over SRM 1196, and the cost increase 

associated with SRM 1196a over SRM 

1196 should be considered substantial. 

Response: The economic analysis of 

SRM 1196a shows that it will not have 

a significant economic impact on small 

domestic firms that supply the U.S. 

mattress market. The most expensive 

testing scenario a firm might encounter 

would fall well below the threshold to 

be considered significant. Furthermore, 

because SRM 1196a is a safety-neutral 

replacement for SRM 1196, firms are not 

required to retest existing prototypes 

with SRM 1196a. So, for existing 

prototypes that firms intend to continue 


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to offer for sale, there is no additional 

cost associated with this amendment. 

Additionally, although the price of SRM 

1196a is more than the price of SRM 

1196, the cost of SRM 1196a is 

determined by NIST using the actual 

costs incurred in the production of SRM 

1196a and applicable overhead and 

surcharge rates. The Commission has 

determined that the cost increase of 

adopting SRM 1196a is not considered 

significant to even the smallest domestic 

suppliers in the United States. 

Comment: The additional cost of SRM 

1196a would be passed along to 

consumers, increasing the cost of 

mattresses nationwide. 

Response: The increase in cost 

associated with adopting SRM 1196a 

could potentially be passed on to the 

consumer. Under the Standard’s testing 

requirements, however, the cost of 

testing is born over the size of the 

production run for a given prototype. 

For a regular production run, the cost 

per mattress product that could be 

passed on to the consumer associated 

with adopting SRM 1196a as the 

ignition source is negligible. 

Furthermore, because SRM 1196a is a 

safety-neutral replacement for SRM 

1196, firms are not required to retest 

existing prototypes. So, for existing 

prototypes that firms intend to continue 

to offer for sale, there is no additional 

cost associated with this amendment 

and no associated cost passed on to the 

consumer. 

Comment: The U.S. market for 

mattress products faces challenges 

stemming from supply chain shortages 

and disruptions related to the COVID– 

19 pandemic and tariffs on trade. 

Response: Preliminary data published 

by the U.S. Bureau of Labor Statistics 

(BLS) for the Mattress Manufacturing 

Industry (NAICS 337910) show that 

prices charged to producers to 

manufacture mattresses have increased 

by 2.2 percent since the start of the 

pandemic. The Producer Price Index 

data published by the BLS does not 

provide details on what causes industry 

production price changes. Nor does it 

attribute price increases to supply chain 

shortages or disruptions; but it does 

provide a reliable indication that 

production prices have increased. 

Although cost increases currently may 

be impacting industry, the cost 

associated with adopting SRM 1196a is 

small. The marginal cost increase 

associated with amending the Standard 

will not have a significant impact on 

suppliers. Delaying the rule, or electing 

not to adopt SRM 1196a as the standard 

ignition source, would not result in any 

significant cost savings. 

Comment: The SRM ignition source is 

not representative of FSC cigarettes 

consumers can purchase. It is too strong 

to be a standardized ignition source for 

testing. The Commission should use 

FSC cigarettes as the ignition source for 

testing to the Standard. 

Response: The SRM 1196a cigarette is 

a more appropriate test ignition source 

than FSC cigarettes for the following 

reasons: 

• The SRM cigarette is a test 

instrument with calibration and 

traceability to NIST. Its ignition 

characteristics are more important than 

whether it looks like a consumer 

cigarette. 

• Cigarette ignition of mattresses and 

bedding remains a substantial cause of 

residential fire deaths and injuries each 

year. Weakening the standard ignition 

strength would lower the threshold for 

smoldering ignition of these products, 

potentially increasing the incidence of 

these events. The SRM 1196a cigarette 

maintains the current level of safety 

because it is a safety-neutral 

replacement for SRM 1196. 

• FSC cigarettes are intended to selfextinguish when not actively being 

smoked. The Standard states: ‘‘If a 

cigarette extinguishes before burning its 

full length on any mattress surface 

location . . . the test must be repeated 

with a freshly lit cigarette.’’ Because 

FSC cigarettes are designed to reduce 

the amount of time a cigarette burns 

while unattended, testing with FSC 

cigarettes could lead to many test 

locations with an incomplete initial data 

point. In addition, it also could lead to 

substantially more repeated tests. This 

would require firms to use more 

cigarettes to complete a test and 

increase the time required to complete 

the test. 

Comment: The Commission should 

consider SRM 1082, NIST’s FSC 

Cigarette Ignition Strength Standard 

material. 

Response: SRM 1082 is not a suitable 

replacement for SRM 1196 because it is 

an FSC cigarette. SRM 1082 would not 

provide the same level of safety, given 

its ignition strength of 15.8, compared to 

the ignition strength of SRM 1196a of 

95.6 (on a scale of 0–100). SRM 1082 is 

also more expensive than SRM 1196a, 

with a cost of $405 for one carton, 

which is 85 percent costlier per cigarette 

than SRM 1196a ($437 for two cartons). 

Additionally, because SRM 1082 is an 

FSC cigarette, it could self-extinguish, 

requiring substantially more individual 

cigarettes to complete the testing. 

Comment: It is not fair to obligate 

industry to procure SRM cigarettes from 

NIST, and NIST has a vested financial 

interest in revising the Standard. 

Response: SRM cigarettes are 

available for purchase from NIST, and 

no other source. According to NIST’s 

pricing policy published online, it 

establishes the prices of its 

measurement services in accordance 

with federal statutes. The prices of 

SRMs are determined by production 

costs, overhead, and surcharge rates 

incurred by NIST. Twice each calendar 

year, SRMs may be re-priced taking into 

account updates for overhead and 

surcharge rates, as determined by NIST 

and the Department of Commerce. 

Other Comments 

We also received other comments that 

are out of scope in this rulemaking 

proceeding. Commenters stated that 16 

CFR part 1632 should be revoked 

because 16 CFR part 1633 is a more 

robust standard. Another commenter 

raised an issue regarding flame 

retardants in health care products. The 

scope of this rulemaking is limited to 

revising the ignition source in the 

Standard. The Commission is not 

making any other changes to the 

Standard. Because the comments do not 

address the replacement of SRM 1196 

with SRM 1196a, these comments fall 

outside the scope of this rulemaking. 

We note that CPSC separately published 

an advance notice of proposed 

rulemaking to consider the revocation or 

amendment of 16 CFR part 1632, and 

those issues are appropriately addressed 

in that proceeding. 70 FR 36357. 

E. Final Regulatory Analysis 

Section 4(j) of the FFA requires that 

the Commission prepare a final 

regulatory analysis when it issues a 

regulation under section 4 of the FFA 

and that the analysis be published with 

the rule. 15 U.S.C. 1193(j). The 

following discussion fulfills this 

requirement. 

1. Market/Industry Information 

The size of the U.S. mattress market 

increased from $17.4 billion in 2018, to 

$18.1 billion in 2019. Roughly 23.6 

million mattress units shipped in 2018. 

Approximately 29 percent (6.8 million) 

of units shipped were imported 

products. Three industry sectors supply 

mattresses and mattress pads to the U.S. 

market, categorized under the North 

American Industry Classification 

System (NAICS): NAICS Sector 

337910—Mattress Manufacturing, 

NAICS Sector 314120—Curtain and 

Linen Mills, and NAICS Sector 

423210—Furniture and Merchant 

Wholesalers. 

The Mattress Manufacturing Sector 

(337910) includes establishments 

primarily engaged in manufacturing 


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innerspring, box spring, and noninnerspring mattresses. The Curtain and 

Linen Mills Sector (314120) comprises 

establishments primarily engaged in 

manufacturing household linens, 

bedspreads, sheets, tablecloths, towels, 

and shower curtains, from purchased 

materials. This sector includes mattress 

pad and mattress protector 

manufacturing. The Furniture and 

Merchant Wholesalers Sector (423210) 

is primarily engaged in the merchant 

wholesale distribution of furniture, 

except hospital beds and medical 

furniture. Importers of mattresses are 

typically categorized under NAICS code 

423210. 

According to the Small Business 

Administration (SBA), a firm in the 

Mattress Manufacturing sector (NAICS 

sector 337910) can be defined as 

‘‘small’’ if the firm employs fewer than 

1,000 workers. Under this definition, 

among the 250 firms identified by staff 

in the sector, 240 are small businesses 

that supply mattress products. The SBA 

defines a firm within the Curtain and 

Linen Mills Sector (NAICS sector 

314120) as small if the firm employs 

fewer than 750 workers. Under this 

definition, among the 20 firms 

identified by staff, 19 firms are small 

and currently supply mattress products 

to the U.S. mattress market. Finally, a 

firm in the Furniture and Merchant 

Wholesale Sector (NAICS sector 423210) 

is defined as small if the firm employs 

fewer than 100 workers. All of the 88 

firms identified in this sector meet this 

definition of small. Under SBAprovided definitions, the majority of 

firms supplying the U.S. market for 

mattresses and mattress pads are small 

businesses. 

2. The Mattress Standard 

The mattress standard at 16 CFR part 

1632 requires premarket, full-scale 

prototype testing for each new mattress 

design. Prototype testing also must be 

performed for each change in materials 

of an existing design that may affect 

cigarette ignition resistance. 

Under the Standard, four defined test 

procedures require the use of an SRM 

ignition source: The mattress test 

procedure, the mattress pad test 

procedure, the ticking classification test 

procedure, and the tape edge 

substitution test procedure. The number 

of test cigarettes required by these test 

procedures range from 18 SRM test 

cigarettes consumed during the ticking 

classification test, to 108 SRM test 

cigarettes consumed during the mattress 

or mattress pad test procedures. 

Furthermore, under the Standard only 

SRM test cigarettes from unopened 

packages can be selected for a series of 

tests, and if a cigarette extinguishes 

before burning its full length on any 

mattress surface location, the test must 

be repeated with a freshly lit cigarette. 

Therefore, mattress and mattress pad 

test procedures require, in practice, six 

packs of SRM cigarettes, the ticking 

classification test procedure requires in 

practice one pack of SRM cigarettes, and 

the tape edge substitution test requires, 

at a minimum, two packs of SRM 

cigarettes. 

SRM 1196a is available for purchase 

from NIST at a minimum order of 2 

cartons. A carton contains 10 packs, and 

each pack contains 20 cigarettes; 

therefore, two cartons from NIST will 

contain 400 SRM cigarettes. Based on 

information collected by staff from a 

selection of domestic third-party testing 

facilities, a third-party testing facility 

uses an average of 10 to 40 packs of 

SRM cigarettes (or between 200–800 test 

cigarettes) per month. These data 

provide insight into the number of test 

cigarettes used by third party testing 

facilities located in the United States, as 

an order of magnitude. A testing facility 

that uses 400 test cigarettes per month 

would need to purchase two cartons of 

SRM cigarettes from NIST every month. 

3. Potential Benefits and Costs 

The SRM 1196a cigarette would have 

approximately the same ignition 

strength characteristics as originally 

intended by the Standard. The use of 

SRM 1196a cigarettes would not change 

the flammability performance tests or 

test method required under the 

Standard. 

a. Potential Benefits 

Cigarette ignition of mattresses and 

mattress pads is a substantial cause of 

residential fire deaths and injuries each 

year. This rule will allow firms to 

comply with the Standard, with 

consistent and reliable results, 

preventing injury and death due to 

mattress fires. This rule is ‘‘safetyneutral,’’ so mattresses that passed or 

failed under the existing Standard 

would be expected to generate similar 

results when SRM 1196a is used. The 

level of protection provided by the 

Standard would neither increase nor 

decrease as a result of the change from 

SRM 1196 to SRM 1196a. Thus, there 

would be no impact on the level or 

value of fire safety benefits derived from 

the Standard. 

Because NIST has exhausted its 

supply of SRM 1196, adopting this rule 

to require the use of SRM 1196a will 

allow firms access to an ignition source 

that would permit them to continue 

testing mattresses and mattress pads to 

the Standard. This rule would thus 

provide significant benefits to firms, 

since failing to adopt this amendment 

would mean that the Standard would 

require firms to test using an ignition 

source that is no longer available for 

purchase. 

As an interim measure in 2018, when 

NIST’s stock of SRM 1196 cigarettes was 

depleted, CPSC’s Office of Compliance 

issued guidance stating that testing to 

the Standard could be completed with 

commercial king-size, non-filtered FSC 

cigarettes. CPSC’s Office of Compliance 

amended its Interim Enforcement Policy 

guidance, effective September 2020, to 

allow testing with either reserved stock 

of SRM 1196 or new stock of SRM 

1196a. Accordingly, testing with FSC 

cigarettes to the Standard is no longer 

permitted. 

SRM cigarettes provide a common 

ignition source for all laboratories, 

while commercially available FSC 

cigarettes do not offer that consistency. 

The ignition strength of FSC cigarettes 

vary from one brand to another. Because 

FSC cigarettes are required to have an 

ignition strength lower than 25 and are 

often much weaker, FSC cigarettes 

would have an ignition strength 

substantially lower than SRM 1196a. As 

a result, test results would vary between 

a test conducted with one brand of FSC 

cigarette and another, making testing, 

reporting, and enforcement inconsistent 

and unreliable. 

Furthermore, FSC cigarettes are 

intended to self-extinguish when left 

unattended. Under the Standard, results 

from a cigarette that does not burn its 

full length are not accepted. Any 

cigarette which extinguishes before 

burning its full length on any mattress 

surface location must be retested with a 

freshly lit cigarette. As a result, use of 

the FSC cigarette as the ignition source 

would likely lead to an increase in the 

average number of cigarettes used for 

each complete test. FSC cigarettes 

would likely self-extinguish, requiring 

multiple freshly lit cigarettes to 

complete a test, thereby increasing the 

costs of testing and time burdens 

associated with testing. 

In contrast to the inconsistency and 

unreliability of FSC cigarettes, SRM 

1196a is a statistically equivalent 

replacement for SRM 1196, and will 

reduce the need for retesting and 

lighting fresh FSC cigarettes. 

Furthermore, SRM 1196a allows for 

consistency in reporting and testing 

between laboratories. This rule 

specifying SRM 1196a as a replacement 

cigarette will achieve consistency and 

prevent uncertainty for industry, testing 

laboratories, and CPSC. 


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b. Potential Costs 

The cost increase associated with this 

rule is related to the SRM test cigarettes 

used as the ignition source for testing. 

A carton of SRM cigarettes contains 10 

packs, and each pack contains 20 

cigarettes; therefore, two cartons from 

NIST will contain 400 SRM cigarettes. 

Prices for SRM 1196a are set by NIST. 

At the time the Commission published 

the proposed rule, NIST charged $400 to 

purchase a ‘‘unit’’ of two cartons of SRM 

1196a. Since then, NIST increased the 

price for two cartons to $437. The 

current price of SRM 1196a reflects a 

number of increases in surcharges 

accrued over the last calendar year, 

which includes NIST personnel costs 

and NIST overhead. The price increase 

from the previous NIST listed price of 

$400 per unit of two cartons is a price 

increase of 9.25 percent. At the new perunit price, the cost of a pack of SRM 

1196a cigarettes increased from $20 per 

pack to $21.85. 

Manufacturers and importers of 

mattresses will be responsible for 

ensuring that their mattress products are 

tested using SRM 1196a. If a supplier’s 

mattress product does not comply with 

the requirements, they will need to 

either modify the product, or cease their 

manufacture or importation. 

Additionally, as required by the CPSIA 

and its implementing regulations, 

manufacturers and importers of youth 

mattresses would be required to certify 

that their mattresses intended for 

children comply with the requirements 

of the Standard. Many domestic 

manufacturers of youth mattresses are 

small entities as defined by SBA. The 

following analysis reviews possible 

impacts of using SRM 1196a in the 

Standard. 

The annual cost of adopting the SRM 

1196a test cigarette will vary among 

small firms. Different firms offer a 

variety of mattress products and have 

different operational procedures for 

mattress product development and 

testing. Among other considerations, the 

number of mattresses produced 

annually by small firms is not uniform. 

Furthermore, some firms perform testing 

procedures in-house, while others elect 

or are required to have testing 

performed by a CPSC-approved 

conformity assessment body. The 

number of new prototypes that a firm 

will bring to market, and the size of a 

production run by a small firm, is up to 

the firm to decide; but the cost per firm 

of the amendment would be impacted 

by these individual decisions. 

Commission staff reviewed a variety 

of likely cost increases that may be 

faced by small firms in adopting SRM 

1196a, in three separate testing 

scenarios. To determine the likely costs 

faced by small firms from use of SRM 

1196a cigarettes, staff analyzed testing 

costs related to the Standard in a 

manner that is consistent with past 

economic analysis of the industry. The 

analysis uses commercial data 

published online for mattress 

manufacturing, bedding manufacturing, 

and wholesale mattress product 

importers acquired from Dun and 

Bradstreet. Staff also reviewed current 

mattress products available on the 

market from a variety of small domestic 

suppliers and received input from 

industry on the type and frequency of 

testing performed under the Standard. 

The number of new prototypes that a 

small firm will bring to market is up to 

the individual firm to decide, but the 

cost per firm due to this rule would be 

impacted by these individual business 

decisions. A small firm may choose to 

make new prototypes every year and 

bring them to market, or it may elect to 

substitute ticking and modify existing 

models of mattress products that are 

selling well or are customer favorites. 

The Commission previously 

published cost estimates for three 

testing scenarios. 85 FR 68806. To 

supplement that analysis, the following 

discusses the effect of the SRM 1196a 

price increase from $20 per pack to 

$21.85 per pack since publication of the 

proposed rule. The most expensive of 

the three testing scenarios was Scenario 

1, which used 46 packs of SRM 1196a 

to test mattresses and mattress products 

annually. At $11.50 per pack, a firm’s 

cost of using SRM 1196 would be $529 

(46 packs × $11.50 per pack = $529). At 

$21.85 per pack for SRM 1196a, the 

same testing scenario would cost a firm 

$1,005.10 (46 packs × $21.85 per pack 

= $1,005.10). As a result of adopting 

SRM 1196a as the replacement SRM, at 

a price of $21.85 per pack, the firm 

would incur a cost increase of $476.10 

($1,005.10¥$529 = $476.10). This 

example of a cost impact is for the most 

expensive testing scenario a firm might 

reasonably choose. The lowest reported 

annual revenue for any small domestic 

firm in the mattress manufacturing 

sector is $128,000. One percent of 

annual revenue for the firm is $1,280 

($128,000 × 1 percent). For this small 

domestic supplier, any impact smaller 

than $1,280 should be considered 

insignificant. Therefore, the cost 

increase of $476.10 of using SRM 1196a 

at the price of $437, as charged by NIST, 

would not be significant for even the 

smallest firm currently supplying the 

sector. 

In summary, this rule is not expected 

to have a significant impact on expected 

benefits or costs of the Standard in 16 

CFR part 1632. Both the expected 

benefits and costs of the amendment are 

small, and the likely effect on testing 

costs per new prototype mattress or 

ticking substitution would be minor, 

especially when the projected cost is 

allocated over a production run of 

complying mattresses. 

4. Regulatory Alternatives 

The Commission considered two 

basic alternatives: (1) Allow for the use 

of FSC cigarettes as the ignition source; 

or (2) take no action on the smoldering 

ignition source issue. 

Neither SRM 1196a nor FSC cigarettes 

(alternative one) would likely have a 

substantial economic impact. There 

would, however, be some relative 

differences in terms of resource costs 

and potential effects on the level of 

benefits the Standard affords. 

Alternative two would impose a 

significant economic impact, as it would 

require firms to use an ignition source 

that is no longer available, effectively 

making it impossible for firms to 

comply with the Standard. The 

advantages and disadvantages of these 

two basic alternatives are discussed 

below. 

a. Allow for the Use of FSC Cigarettes 

Under the first alternative, 

manufacturers and testers could 

conduct tests with any available FSC 

cigarettes. 

A possible advantage of the 

Commission taking this alternative 

action is that some of the projected 

minor increase in resource costs of 

testing would not be incurred, since 

FSC cigarettes are less expensive than 

SRM 1196a. As noted, however, firms 

would likely have to use many more 

FSC cigarettes than SRM 1196a 

cigarettes due to the likelihood that FSC 

cigarettes would extinguish before 

testing is complete. 

Disadvantages of the Commission 

taking this action include an increase in 

test result variability due to differences 

in cigarettes. Tests would be less 

reliable and results would vary 

depending on which cigarette was used. 

This would create uncertainty and 

confusion surrounding the reliability of 

tests for compliance with 16 CFR part 

1632. Manufacturers and testing firms 

would have to conduct tests that are 

either wasteful (in terms of extra 

cigarettes required to complete a test 

due to cigarettes prematurely 

extinguishing) or have irreproducible 

and unreliable results. 


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Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations 32763 

b. No Action 

If the Commission took no action, 

firms would be required to use an 

ignition source that is no longer 

available for purchase. Firms would be 

unable to comply with the Standard. 

In summary, there are no readily 

available or technically feasible 

alternatives to SRM 1196a that would 

have lower estimated costs and still 

address the need for a consistent 

ignition source that retains the ‘‘safetyneutral’’ approach of this rule. 

F. Regulatory Flexibility Act 

Certification 

Under the Regulatory Flexibility Act 

(RFA), 5 U.S.C. 601 et seq., an agency 

that engages in rulemaking generally 

must prepare initial and final regulatory 

flexibility analyses describing the 

impact of the rule on small businesses 

and other small entities. Section 605 of 

the RFA provides that an agency is not 

required to prepare a regulatory 

flexibility analysis if the head of an 

agency certifies that the rule will not 

have a significant economic impact on 

a substantial number of small entities. 

This rule retains the current mattress 

test procedure, but requires that entities 

performing cigarette ignition tests 

(including the CPSC, other state 

agencies, and industry testing 

organizations) purchase and use SRM 

1196a cigarettes at a higher cost than the 

price at which SRM 1196 cigarettes had 

been sold. No additional actions will be 

required of small entities. The costs 

associated with the rule will essentially 

be borne by mattress manufacturers and 

importers that perform (or pay fees for) 

compliance testing. 

The Commission has determined that 

this rule will have little or no effect on 

small producers. The design and 

construction of existing, compliant 

mattress products will remain 

unchanged, and the resource cost 

increase of using SRM 1196a cigarettes 

will represent a minimal increase in 

total testing costs. We have addressed 

comments concerning the impact of this 

rule on small entities, and we are not 

aware of any other information that 

would change the conclusion that the 

rule will not have a significant impact 

on a substantial number of small 

businesses or other small entities. 

Based on the information presented 

here, in the proposed rule, and in the 

staff briefing package, the Commission 

concludes that the rule will have little 

or no effect on small producers. Thus, 

the Commission certifies that the rule 

will not have a significant impact on a 

substantial number of small businesses 

or other small entities. 

G. Environmental Considerations 

Pursuant to the National 

Environmental Policy Act, and in 

accordance with Council on 

Environmental Quality regulations and 

CPSC procedures for environmental 

review, the Commission has assessed 

the possible environmental effects 

associated with the rule. The 

Commission’s regulations state that 

amendments to rules providing 

performance requirements for consumer 

products normally have little or no 

potential for affecting the human 

environment. 16 CFR 1021.5(c)(1). 

Nothing in this rule alters that 

expectation. Therefore, because this rule 

would have no adverse effect on the 

environment, neither an environmental 

assessment nor an environmental 

impact statement is required. 

H. Preemption 

The rule will modify a flammability 

standard issued under the FFA. With 

certain exceptions that are not 

applicable in this instance, ‘‘no state or 

political subdivision of a state may 

establish or continue in effect a 

flammability standard or other 

regulation’’ applicable to the same fabric 

or product covered by an FFA standard 

if the state or local flammability 

standard or other regulations is 

‘‘designed to protect against the same 

risk of the occurrence of fire’’ unless the 

state or local flammability standard or 

regulation ‘‘is identical’’ to the FFA 

standard. 15 U.S.C. 1203(a). The rule 

will not alter the preemptive effect of 

the existing mattress standard. Thus, the 

rule will preempt nonidentical state or 

local flammability standards for 

mattresses or mattress pads designed to 

protect against the same risk of the 

occurrence of fire. 

I. Effective Date 

Section 4(b) of the FFA (15 U.S.C. 

1193(b)) provides that an amendment of 

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. The 

Commission believes that an effective 

date of thirty days will give adequate 

notice to all interested persons for firms 

to obtain SRM 1196a cigarettes from 

NIST. Section 4(b) of the FFA 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. This rule merely 

changes the ignition source, however, 

without any change to the test 

requirements of the Standard, so there is 

no relevant exemption for products in 

inventory or with the trade. The 

purpose of this rule is to allow 

manufacturers to replace SRM 1196 

cigarettes which are no longer available. 

Accordingly, manufacturers are already 

purchasing SRM 1196a cigarettes as the 

SRM 1196 stock is depleted. Therefore, 

the Commission finds for good cause 

that the rule will become effective 30 

days after publication in the Federal 

Register. 

J. 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 

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, OIRA 

designated this rule as not a ‘‘major 

rule,’’ as defined in 5 U.S.C. 804(2). 

K. Findings 

Sections 4(a), (b), and (j) of the FFA 

require the Commission to make certain 

findings when it issues or amends a 

flammability standard. The Commission 

must find that the standard or 

amendment: (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). In addition, 

the Commission must find that: (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. 

These findings are discussed below. 

The amendment to the Standard is 

needed to adequately protect the public 


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32764 Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations 

1 85 FR 16548 (Mar. 24, 2020). That same day, 

DHS also published notice of its decision to 

temporarily limit the travel of individuals from 

Mexico into the United States at land ports of entry 

along the United States-Mexico border to ‘‘essential 

travel,’’ as further defined in that document. 85 FR 

16547 (Mar. 24, 2020). 

against unreasonable risk of the 

occurrence of fire. The current Standard 

specifies as the ignition source 

cigarettes that are no longer being 

produced. In order for the Standard to 

continue to be effective (and for labs to 

test mattresses and mattress pads to 

determine whether they comply with 

the Standard), it is necessary to change 

the ignition source specification. 

Changing the ignition source to SRM 

1196a, rather than FSC cigarettes, will 

ensure that testing is reliable and that 

results will not vary from one lab or 

manufacturer to another. Such variation 

would be likely if labs or manufacturers 

were able to use different ignition 

sources that have similar physical 

properties but different burning 

characteristics. The Commission finds 

that the amendment is needed to 

adequately protect the public against 

unreasonable risk of the occurrence of 

fire leading to death, personal injury or 

significant property damage. 

The amendment to the Standard is 

reasonable, technologically practicable, 

and appropriate. The amendment is 

based on technical research conducted 

by NIST and CPSC staff, which 

established that the SRM 1196a cigarette 

is capable of providing reliable and 

reproducible results in flammability 

testing of mattresses and mattress pads. 

The SRM 1196a ignition source 

represents an equivalent, safety-neutral 

ignition source for use in testing to 

establish compliance with the Standard. 

The Commission finds that the 

amendment is reasonable, 

technologically practicable and 

appropriate. 

The amendment to the Standard is 

limited to fabrics, related materials, and 

products that present an unreasonable 

risk. The amendment will continue to 

apply to the same products as the 

existing Standard, so the Commission 

finds that it is limited to fabrics, related 

materials, and products that present an 

unreasonable risk, and it is stated in 

objective terms. 

Voluntary standards. There is no 

applicable voluntary standard for 

mattresses. The rule amends an existing 

federal mandatory standard. 

Relationship of benefits to costs. 

Amending the Standard to specify SRM 

1196a cigarettes as the ignition source 

allows testing to the Standard to 

continue without interruption, 

maintains the effectiveness of the 

Standard, and will not significantly 

increase testing costs to manufacturers 

and importers of mattresses and 

mattress pads. Both expected benefits 

and costs of the amendment are small. 

The effect on testing costs will be minor. 

Thus, the Commission finds that there 

is a reasonable relationship between 

benefits and costs of the amendment. 

Least burdensome requirement. No 

other alternative would allow the 

Standard’s level of safety and 

effectiveness to continue. Thus, the 

Commission finds that the amendment 

imposes the least burdensome 

requirement that would adequately 

address the risk of injury. 

L. Conclusion 

For the reasons discussed above, the 

Commission finds that amending the 

mattress flammability standard (16 CFR 

part 1632) to specify SRM 1196a 

cigarettes as the ignition source is 

needed to adequately protect the public 

against the unreasonable risk of the 

occurrence of fire leading to death, 

injury, and significant property damage. 

The Commission also finds that the 

amendment to the Standard is 

reasonable, technologically practicable, 

and appropriate. The Commission 

further finds that the amendment is 

limited to the fabrics, related materials, 

and products that present such 

unreasonable risks. 

List of Subjects in 16 CFR Part 1632 

Consumer protection, Flammable 

materials, Labeling, Mattresses and 

mattress pads, Records, Textiles, 

Warranties. 

For the reasons given above, the 

Commission amends 16 CFR part 1632 

as follows: 

PART 1632—STANDARD FOR THE 

FLAMMABILITY OF MATTRESSES 

AND MATTRESS PADS (FF 4–72, 

AMENDED) 

■ 1. The authority citation for part 1632 

continues to read as follows: 

Authority: 15 U.S.C. 1193, 1194; 15 U.S.C. 

2079(b). 

■ 2. Revise § 1632.4(a)(2) to read as 

follows: 

§ 1632.4 Mattress test procedure. 

(a) * * * 

(2) Ignition source. The ignition 

source shall be a Standard Reference 

Material cigarette (SRM 1196a), 

available for purchase from the National 

Institute of Standards and Technology, 

100 Bureau Drive, Gaithersburg, MD 

20899. 

* * * * * 

Alberta E. Mills, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2021–13070 Filed 6–22–21; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

19 CFR Chapter I 

Notification of Temporary Travel 

Restrictions Applicable to Land Ports 

of Entry and Ferries Service Between 

the United States and Canada 

AGENCY: Office of the Secretary, 

Department of Homeland Security; U.S. 

Customs and Border Protection, 

Department of Homeland Security. 

ACTION: Notification of continuation of 

temporary travel restrictions. 

SUMMARY: This document announces the 

decision of the Secretary of Homeland 

Security (Secretary) to continue to 

temporarily limit the travel of 

individuals from Canada into the United 

States at land ports of entry along the 

United States-Canada border. Such 

travel will be limited to ‘‘essential 

travel,’’ as further defined in this 

document. 

DATES: These restrictions go into effect 

at 12 a.m. Eastern Daylight Time (EDT) 

on June 22, 2021 and will remain in 

effect until 11:59 p.m. EDT on July 21, 

2021, unless amended or rescinded 

prior to that time. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Watson, Office of Field 

Operations Coronavirus Coordination 

Cell, U.S. Customs and Border 

Protection (CBP) at 202–325–0840. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 24, 2020, DHS published 

notice of its decision to temporarily 

limit the travel of individuals from 

Canada into the United States at land 

ports of entry along the United StatesCanada border to ‘‘essential travel,’’ as 

further defined in that document.1 The 

document described the developing 

circumstances regarding the COVID–19 

pandemic and stated that, given the 

outbreak and continued transmission 

and spread of the virus associated with 

COVID–19 within the United States and 

globally, DHS had determined that the 

risk of continued transmission and 

spread of the virus associated with 

COVID–19 between the United States 

and Canada posed a ‘‘specific threat to 

human life or national interests.’’ DHS 


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