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Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Proposed Rules
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 COVID19 Act On December 27, 2020, the COVID
19 Regulatory Relief and Work From Home Safety Act, became law. Public Law 116260. Section 2101c of the COVID19 Act mandated that, 180 days after the date of enactment of the COVID19 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
1172013 TB 1172013, 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 COVID19 Act, the California standard, TB 1172013, is a federal flammability standard promulgated under section 4 of the FFA.
TB 1172013 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 COVID19
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 COVID19
Act are not preempted. Finally, the California standard may not be preempted.
On April 9, 2021, the Commission published a direct final rule that
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codified the relevant statutory text of section 2101 of the COVID19 Act under 16 CFR part 1640. 86 FR 18440.
This part establishes the regulatory text of the California standard, TB 1172013, 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 COVID19 Act requiring that the California standard, TB 1172013, 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. 202119939 Filed 91521; 8:45 am BILLING CODE 635501P

CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Part 1700
Docket No. CPSC20210027

Poison Prevention Packaging Requirements; Proposed Exemption of Baloxavir Marboxil Tablets in Packages Containing Not More Than 80 mg of the Drug Consumer Product Safety Commission.
ACTION: Notice of proposed rulemaking.
AGENCY:

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

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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. CPSC2021
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 5047479.
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, CPSC20210027, into the Search box, and follow the prompts.
FOR FURTHER INFORMATION CONTACT:
Cheryl A. Scorpio, Ph.D., Division of SUMMARY:

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