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Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations b. No Action
G. Environmental Considerations
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.

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 Commissions 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 1021.5c1.
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.

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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.

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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. 1203a. 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 4b of the FFA 15 U.S.C.
1193b 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 4b 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
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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. 801808 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. 801a1. 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. 8042.
K. Findings Sections 4a, 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. 1193b. 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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