Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Proposed Rules 51639 

weight assembly. The unsafe condition, if not 

addressed, could cause weakening of the 

complete structure and lead to loss of the 

trim tab and counter balance weight, which 

may result in reduced airplane control. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Previously Required Actions Retained 

From AD 78–02–03 

(1) Within 50 hours time-in-service (TIS) 

after January 26, 1978 (the effective date of 

AD 78–02–03), do the following inspections 

and modifications. 

(i) For airplanes with serial numbers 27– 

7654001 through 27–7754054, inspect both 

stabilator tip ribs for missing rivets and 

missing tube and weight assembly 

attachment screws and if necessary alter in 

accordance with Piper Service Bulletin (SB) 

547, dated March 1, 1977. 

(ii) For airplanes with serial numbers 27– 

7654001 through 27–7754127, 27–7754130, 

27–7754131, 27–7754133 through 27– 

7754136, and 27–7754138 through 27– 

7754144, replace the right and left stabilator 

tab forward inboard rib/horn assemblies by 

installing Piper Kit 761 143 or equivalent kit 

in accordance with Piper SB 569, dated 

August 24, 1977. 

(iii) For airplanes with serial numbers 27– 

7654001 through 27–7754041 equipped with 

stabilators Piper part number (P/N) 15658–2, 

15658–3, 15658–22 or 15658–23, reinforce 

the mounting of the stabilator tube and 

weight assemblies by installing additional 

nose-ribs with Piper Kit 761 141 or 

equivalent kit in accordance with Piper 

Service Letter 807A, dated September 8, 

1977. 

(2) Before further flight after completing 

the alterations in paragraphs (g)(1)(ii) and 

(iii) of this AD, balance the stabilator. 

(h) Inspection of Stabilator Tip Tube and 

Weight Assembly 

Within 10 hours TIS after the effective date 

of this AD or within 100 hours TIS after 

completing the last inspection required by 

paragraph (a) of AD 78–02–03, whichever 

occurs later, and thereafter at intervals not to 

exceed 100 hours TIS, inspect the left and 

right stabilator balance weight assemblies for 

cracks and complete any necessary repairs by 

following Parts I and II of the Instructions in 

Piper SB No. 540B, dated February 9, 2021, 

except you are not required to contact Piper 

for repair instructions. Instead, repair in 

accordance with FAA-approved procedures. 

(i) Credit for Previous Actions 

You may take credit for the initial 

inspection and corrective actions required by 

paragraph (h) of this AD if you performed 

those actions before the effective date of this 

AD using Piper SB No. 540, dated January 4, 

1977, or SB No. 540A, dated October 20, 

1980. 

(j) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Atlanta ACO Branch, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. In accordance with 

14 CFR 39.19, send your request to your 

principal inspector or local Flight Standards 

District Office, as appropriate. If sending 

information directly to the manager of the 

certification office, send it to the attention of 

the person identified in Related Information. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(3) For service information that contains 

steps that are labeled as Required for 

Compliance (RC), the following provisions 

apply. 

(i) The steps labeled as RC, including 

substeps under an RC step and any figures 

identified in an RC step, must be done to 

comply with the AD. An AMOC is required 

for any deviations to RC steps, including 

substeps and identified figures. 

(ii) Steps not labeled as RC may be 

deviated from using accepted methods in 

accordance with the operator’s maintenance 

or inspection program without obtaining 

approval of an AMOC, provided the RC steps, 

including substeps and identified figures, can 

still be done as specified, and the airplane 

can be put back in an airworthy condition. 

(k) Related Information 

(1) For more information about this AD, 

contact John Marshall, Aviation Safety 

Engineer, Atlanta ACO Branch, FAA, 1701 

Columbia Avenue, College Park, GA 30337; 

phone: (404) 474–5524; fax: (404) 474–5605; 

email: john.r.marshall@faa.gov. 

(2) For service information identified in 

this AD, contact Piper Aircraft, Inc., 2926 

Piper Drive, Vero Beach, FL 32960; phone: 

(772) 299–2141; website: https://

www.piper.com/. You may view this 

referenced service information at the FAA, 

Airworthiness Products Section, Operational 

Safety Branch, 901 Locust, Kansas City, MO 

64106. For information on the availability of 

this material at the FAA, call (816) 329–4148. 

Issued on September 9, 2021. 

Ross Landes, 

Deputy Director for Regulatory Operations, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2021–19959 Filed 9–15–21; 8:45 am] 

BILLING CODE 4910–13–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1634 

[Docket No. CPSC–2008–0005] 

Standard for the Flammability of 

Residential Upholstered Furniture 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Termination of rulemaking. 

SUMMARY: The Consumer Product Safety 

Commission is withdrawing its 

proposed rule on flammability 

standards for residential upholstered 

furniture that published March 4, 2008 

in the Federal Register. This rulemaking 

is no longer active because it has been 

superseded by the COVID–19 

Regulatory Relief and Work From Home 

Safety Act. 

DATES: As of September 16, 2021 the 

proposed rule publish March 4, 2008 at 

73 FR 11701 is withdrawn. 

ADDRESSES: National Product Testing 

and Evaluation Center, 5 Research 

Place, Rockville, MD 20850. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Lock, Project Manager, 

Directorate for Laboratory Sciences, 

National Product Testing and 

Evaluation Center, 5 Research Place, 

Rockville, MD 20850; telephone: 301– 

987–2099; email: alock@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

A. Upholstered Furniture Rulemaking 

Under the FFA 

1. Advance Notice of Proposed 

Rulemaking. In 1993, the National 

Association of State Fire Marshals 

(NASFM) petitioned the Commission to 

issue regulations under the FFA 

addressing upholstered furniture fire 

risks. On June 15, 1994, the Commission 

granted the petition, in part, and issued 

an advance notice of proposed 

rulemaking (ANPR) on the specific risk 

of small, open flame-ignited fires. 59 FR 

30735. The Commission denied the 

petition regarding large, open flameignited fires, and deferred action on the 

petition for cigarette-ignited fires. On 

October 23, 2003, the Commission 

published a subsequent ANPR, 

expanding the upholstered furniture 

proceeding to address ignition of 

upholstered furniture by small open 

flames and smoldering cigarettes. 68 FR 

60629. 

2. Notice of Proposed Rulemaking. On 

March 4, 2008, the Commission issued 

a notice of proposed rulemaking (2008 

NPR) for a flammability standard for 

residential upholstered furniture under 

the FFA. 73 FR 11702. The 2008 NPR 

proposed performance requirements to 

reduce the likelihood of upholstered 

furniture fires ignited by cigarettes or 

small open flames. Manufacturers and 

importers of upholstered furniture could 

choose one of two possible methods for 

compliance: (1) Use upholstery cover 

material that met the specified cigaretteignition performance test, i.e., ‘‘Type I’’ 

furniture; or (2) incorporate an interior 

fire barrier between the cover fabric and 

interior filling materials that met both 

the smoldering and small open-flame 

resistance tests, i.e., ‘‘Type II’’ furniture. 

An ‘‘interior fire barrier’’ was defined as 

a fire-resistant material that is 

51640 Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Proposed Rules 

1See RCA-Upholstered-Furniture-FlammabilityStandard-TB117-2013-DFR-and-NPR.pdf (cpsc.gov). 

interposed between the upholstery 

cover fabric and any interior filling 

material. The 2008 NPR on upholstered 

furniture flammability focused on 

performance standards which did not 

prescribe requirements for filling 

materials or require manufacturers or 

importers to use FR chemical additives 

to achieve compliance. 

B. The COVID–19 Act 

On December 27, 2020, the ‘‘COVID– 

19 Regulatory Relief and Work From 

Home Safety Act,’’ became law. Public 

Law 116–260. Section 2101(c) of the 

COVID–19 Act mandated 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).’’ 

Thus, under the COVID–19 Act, the 

California standard, TB 117–2013, is a 

federal 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 and the FFA (15 U.S.C. 1191 et seq.) 

does not preempt or otherwise affect 

any State or local law, regulation, code, 

standard, or requirement that concerns 

health risks associated with upholstered 

furniture; and 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. In 

addition, 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 the COVID–19 

Act are not preempted. Finally, the 

California standard may not be 

preempted. 

On April 9, 2021, the Commission 

published a direct final rule that 

codified the relevant statutory text of 

section 2101 of the COVID–19 Act 

under 16 CFR part 1640. 86 FR 18440. 

This part establishes the regulatory text 

of the California standard, TB 117–2013, 

as the mandatory federal flammability 

standard for upholstered furniture 

under section 4 of the FFA, and sets 

forth the statutory requirements. 

Because the Commission did not 

consider any comment received on the 

direct final rule to be a significant 

adverse comment, the rule went into 

effect on June 25, 2021, and applies to 

all upholstered furniture manufactured, 

imported, or reupholstered on or after 

that date. However, the compliance date 

for the new labeling requirement will go 

into effect on June 25, 2022. 

C. Termination of the Upholstered 

Furniture Rulemaking 

The direction in the COVID–19 Act 

requiring that the California standard, 

TB 117–2013, be a federally mandated 

flammability standard promulgated by 

the CPSC under section 4 of the FFA, 

supersedes the upholstered furniture 

rulemaking proceeding initiated by the 

Commission under the FFA in 1994. 

Accordingly, on March 30, 2021, the 

Commission voted to terminate the 

rulemaking associated with upholstered 

furniture and directed that notification 

of the termination of rulemaking be 

issued in the Federal Register.1

Through this document, the 

Commission has terminated the 

upholstered furniture rulemaking 

proceeding that began with the issuance 

of the ANPR in 1994, and all subsequent 

rulemakings in that proceeding 

including the 2008 NPR. 

Alberta E. Mills, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2021–19939 Filed 9–15–21; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1700 

[Docket No. CPSC–2021–0027] 

Poison Prevention Packaging 

Requirements; Proposed Exemption of 

Baloxavir Marboxil Tablets in 

Packages Containing Not More Than 

80 mg of the Drug 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Consumer Product Safety 

Commission (Commission or CPSC) is 

proposing to amend the child-resistant 

packaging requirements to exempt 

baloxavir marboxil tablets in packages 

containing not more than 80 mg of the 

drug, currently marketed as 

XOFLUZA,TM from the special 

packaging requirements. XOFLUZA is 

used to treat the flu, and is taken in one 

dose within 48 hours of experiencing flu 

symptoms. The proposed rule would 

exempt this prescription drug product 

on the basis that child-resistant 

packaging is not needed to protect 

young children from serious injury or 

illness because the product is not 

acutely toxic and lacks adverse human 

experience associated with ingestion. 

DATES: Comments should be submitted 

no later than November 30, 2021. 

ADDRESSES: You may submit comments, 

identified by Docket No. CPSC–2021– 

0027, 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. 

The CPSC does not accept comments 

submitted by electronic mail (email), 

except through https://

www.regulations.gov. The 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, 4330 East West 

Highway, Bethesda, MD 20814; 

telephone (301) 504–7479. 

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: 

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 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–2021–0027, into 

the ‘‘Search’’ box, and follow the 

prompts. 

FOR FURTHER INFORMATION CONTACT: 

Cheryl A. Scorpio, Ph.D., Division of