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

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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 1 This 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.

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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 staffs 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. 1193i; 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.
1193j. In addition, the Commission
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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. 1193b.
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. 1193d. In the preamble to the proposed rule, the Commission requested that anyone who wanted to make an oral presentation concerning this rulemaking contact the Commissions 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 1632.4a2. 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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