[Federal Register: September 12, 2002 (Volume 67, Number 177)]
[Proposed Rules]
[Page 57770-57773]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12se02-13]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1610
Standard for the Flammability of Clothing Textiles; Advance
Notice of Proposed Rulemaking
AGENCY: Consumer Product Safety Commission.
[[Page 57771]]
ACTION: Advance notice of proposed rulemaking.
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SUMMARY: The Commission is considering amending the flammability
standard for clothing textiles. The standard, originally issued in
1953, has become outdated in several respects. The Commission is
considering changes that would enable the standard to better reflect
current consumer practices and technologies and would clarify several
aspects of the standard. The Commission invites comments concerning the
risk of injury identified in this notice, the regulatory alternatives
being considered, and other possible alternatives. The Commission also
invites submission of any existing standard or statement of intention
to modify or develop a voluntary standard to address the flammability
risk of clothing textiles.
DATES: Comments and submissions must be received by November 12, 2002.
ADDRESSES: Comments should be mailed, preferably in five copies, to the
Office of the Secretary, Consumer Product Safety Commission,
Washington, DC 20207-0001, or delivered to the Office of the Secretary,
Consumer Product Safety Commission, Room 502, 4330 East-West Highway,
Bethesda, Maryland 20814; telephone (301) 504-0800. Comments also may
be filed by telefacsimile to (301) 504-0127 or by email to cpsc-
os@cpsc.gov. Comments should be captioned ``Clothing ANPR.''
FOR FURTHER INFORMATION CONTACT: Margaret Neily, Directorate for
Engineering Sciences, Consumer Product Safety Commission, Washington,
DC 20207; telephone (301) 504-0508, extension 1293.
SUPPLEMENTARY INFORMATION:
A. Background
1. History of the Standard
The Commission is considering amending the Standard for the
Flammability for Clothing Textiles, 16 CFR Part 1610, which covers
clothing and textile fabrics intended for use in clothing. It excludes
hats, gloves, footwear, and interlining fabrics. The standard provides
a test to determine whether such clothing and fabrics exhibit ``rapid
and intense burning,'' and are therefore highly flammable.
In 1953, Congress enacted the Flammable Fabrics Act of 1953
(``FFA''), (Pub. L. 83-88, 67 Stat. 111). As enacted in 1953 and
amended in 1954, the FFA prohibited the importation, manufacture for
sale, or the sale in commerce of any article of wearing apparel, which
is ``so highly flammable as to be dangerous when worn by individuals.''
The FFA of 1953 specified that a test, first published by the
Department of Commerce as a voluntary commercial standard, then called
``Flammability of Clothing Textiles, Commercial Standard (``CS'') 191-
53,'' shall be used to determine if fabric or clothing is ``so highly
flammable as to be dangerous when worn by individuals.''
In 1967, Congress amended the FFA, expanding its coverage and
authorizing the Secretary of Commerce to issue flammability standards
through rulemaking. A savings clause kept the flammability standard for
clothing textiles that the 1953 Act had mandated into effect until
superseded or modified by the Secretary of Commerce through the
procedures specified in the 1967 amendment. See section 11 of Public
Law 90-189, 81 Stat. 568, December 14, 1967.
In 1972, Congress established the Consumer Product Safety
Commission when it enacted the Consumer Product Safety Act (``CPSA''),
15 U.S.C. 2051 et seq. The CPSA transferred to the Commission the
authority the Secretary of Commerce had to issue and amend flammability
standards under the FFA. 15 U.S.C. 2079(b). In 1975, the Commission
codified the FFA of 1953 at 16 CFR 1609 and the Standard for the
Flammability of Clothing Textiles at 16 CFR part 1610. It is this
standard that the Commission is considering amending.
2. The Current Standard
The clothing textile standard describes a test apparatus and the
procedures for testing clothing and textiles intended for clothing. It
establishes three classes of flammability: Class 1 or normal
flammability; class 2 or intermediate flammability; and class 3 or
rapid and intense burning. Clothing and textiles that are categorized
as class 3 under the prescribed test method are considered dangerously
flammable. 16 CFR 1610.3
To determine the appropriate classification, the standard
prescribes the method of testing. Five specimens are subjected to a
flammability tester. This is a draft-proof ventilated chamber
containing an ignition medium, a sample rack and an automatic timing
device. Id. 1610.4(b). The ignition medium is a spring-motor driven gas
jet around a 26-gage hypodermic needle. Id. 1610.4(b)(6). A swatch of
each sample must be subjected to the dry cleaning and hand washing
procedure prescribed by the standard. Id. 1610.4(d)&(e). To determine
results, the average time of flame spread is taken for five specimens.
However, if the time of flame spread is less than 4 seconds (3\1/2\
seconds for plain-surfaced fabrics) or the specimens do not burn, five
additional specimens must be tested and the average time of flame
spread for these ten specimens taken. Id. 1610.4(g)(7). Classification
is based on the reported results before and after drycleaning and
washing, whichever is lower. Id. 16110.4(g)(8).
B. Statutory Provisions
The FFA sets forth the process by which the Commission can issue or
amend a flammability standard. The Commission first must issue an
advance notice of proposed rulemaking (``ANPR'') which: (1) Identifies
the fabric or product and the nature of the risk associated with the
fabric or product; (2) summarizes the regulatory alternatives under
consideration; (3) provides information about existing relevant
standards and reasons why the Commission does not preliminarily believe
that these standards are adequate; (4) invites interested persons to
submit comments concerning the identified risk of injury, regulatory
alternatives being considered, and other possible alternatives; (5)
invites submission of an existing standard or portion of a standard as
a proposed regulation; and (6) invites submission of a statement of
intention to modify or develop a voluntary standard to address the risk
of injury. 15 U.S.C. 1193(g).
If, after reviewing comments and submissions responding to the
ANPR, the Commission determines to continue the rulemaking proceeding,
it will issue a notice of proposed rulemaking. This notice must contain
the text of the proposed rule along with alternatives the Commission
has considered and a preliminary regulatory analysis. 15 U.S.C.
1193(i). Before issuing a final rule, the Commission must prepare a
final regulatory analysis, and it must make certain findings concerning
any relevant voluntary standard, the relationship of costs and benefits
of the rule, and the burden imposed by the regulation. Id. 1193(j). The
Commission also must provide an opportunity for interested persons to
make an oral presentation before the Commission issues a final rule.
Id. 1193(d).
C. Possible Amendment
This notice initiates the rulemaking process to amend the
flammability standard for clothing and textiles intended for clothing.
1. The Products
The products of concern are clothing and fabrics intended to be
used for clothing. The flammability standard
[[Page 57772]]
applies to all items of clothing, and fabrics used for such clothing,
whether for adults or children, for daywear or nightwear. The
Commission has regulations governing the flammability of sleepwear, 16
CFR 1615 and 1616, that are more stringent than this general wearing
apparel flammability standard. The possible changes the Commission
discusses in this notice would not affect the sleepwear standards. The
changes the Commission is considering would not affect the scope of the
standard, but would modernize the test method.
2. The Risk of Injury
According to the standard, its purpose is to ``reduce danger of
injury and loss of life by providing, on a national basis, standard
methods of testing and rating the flammability of textiles and textile
products for clothing use, thereby discouraging the use of any
dangerously flammable clothing textiles.'' 16 CFR 1610.1. Any
amendments the Commission is considering would continue to address this
risk of injury. Changes to the test method to better reflect current
practices and technologies and clarify some aspects of the standard may
improve the standard's ability to address the risk of injury. Based on
the most recent five years of available data, 153 deaths and an
estimated 4,000 hospital emergency department-treated injuries result
annually from the ignition of clothing.
3. Regulatory Alternatives
The Commission is considering changes to the clothing textile
flammability standard that would modernize and clarify it. Only minimal
changes, such as removing obsolete footnotes, have been made since its
development in 1953. However, clothing and technology have undergone
many changes in that time. Below, is a discussion of the changes the
Commission is considering at this point.
Changes to the flammability tester. The flammability tester
prescribed in the current standard is a mechanical apparatus that is no
longer available. Apparel manufacturers and other testing laboratories
now use more modern flammability testers that incorporate electronic
timers and several other electro-mechanical devices that control and
apply flame impingement. The Commission is considering requiring a more
modern flammability tester.
Changes to the dry cleaning procedure. The method of dry cleaning
the current standard prescribes requires perchloroethylene in an open
vessel. However, perchloroethylene has been shown to cause cancer in
animal tests, and use in this manner violates regulations issued by the
Environmental Protection Agency. The Commission staff has not used this
procedure since 1986. (The standard allows alternate procedures if they
are as stringent as the specified procedure.) An alternative procedure
using commercial dry cleaning procedures and washing/tumble drying as
provided in ASTM D 1230 appears to be just as stringent, if not more
so, as the outdated dry cleaning procedures required by 16 CFR part
1610.
Changes to the hand washing procedure. The current standard
requires that after fabric specimens are dry cleaned they must be hand
washed with neutral chip soap and line dried before testing them for
flammability. 16 CFR 1610.4(e). However, this practice is outdated.
Neutral chip soap is no longer available to consumers, who now use non-
phosphate detergent and usually use home washers and dryers. Moreover,
limited testing by CPSC indicates that for some raised surfaces the
machine wash/tumble dry method is more stringent than the procedure now
required by the standard. The Commission is considering laundering
requirements similar to those prescribed in American Association of
Textile Chemists and Colorists (``AATCC'') 124-1996. This would be
consistent with changes the Commission recently made to the laundering
requirements for flammability standards for children's sleepwear,
carpets and rugs, and mattress pads. 65 FR 12924, 12929, and 12935
(March 10, 2000).
The Commission is also considering clarifying several portions of
the standard. When the staff conducts flammability testing it follows
CPSC's Laboratory Test Manual. The Test Manual provides specific
directions that aid in appropriate testing. The Commission is
considering using some portions of the Test Manual to clarify aspects
of the standard, as discussed below.
Clarify selection of surface/direction for testing. The standard
requires that for textiles without a raised-fiber surface, ``the long
dimension shall be that in which they burn most rapidly, and the more
rapidly burning surface shall be tested.'' 16 CFR 1610.4(a)(2).
However, the standard does not clearly describe how to select the
sample surface and direction for testing. Similarly, for textiles with
a raised-fiber surface, specimens must be taken from the part that has
the fastest rate of burning. 16 CFR 1610(a)(3). However, the standard
does not describe how to determine which area is the most flammable.
Language from CPSC's Test Manual could be used to clarify both of these
procedures. The Commission is also considering whether to add
directions on how to test specialty fabrics.
Clarify when to test 5 additional specimens. The standard states
that for plain-surface fabrics if the time of flame spread is less than
3.5 seconds or if the first five specimens do not burn, five additional
specimens should be tested. 16 CFR 1610.4(g)(7). However, CPSC testing
experience has shown that if the first five specimens do not ignite,
the next five specimens will not ignite either. The CPSC Engineering
Laboratory Test Manual states that if none of the first five specimens
burns, five additional specimens should not be tested. As for raised-
fiber surfaces, whose burning characteristics are complicated, the
standard does not clearly specify when it is necessary to test five
additional specimens. CPSC's Test Manual could be used to clarify this.
Clarify when base fabric ignition occurs. Whether the base fabric
ignites during testing is important because it is a factor in
determining whether additional testing is necessary and what the fabric
classification should be. However, the standard provides no clear
definition of base burn for raised-surface fabrics. The Appendix of CS
191-53, which was not incorporated in the FFA, clearly defines base
burn and surface flash. CPSC's Test Manual also contains a
clarification. These could be added to the standard.
Add test result codes. The standard provides no codes to report
complex test results consistently. CPSC developed some codes many years
ago to record test results. Industry members and test laboratories have
adopted some of the CPSC codes, but also developed some of their own
codes. Uniform result codes would facilitate reporting accuracy,
understanding of flammability performance, and resolution of test
result differences among laboratories.
Clarify calculations for determining burn rates and classification.
The standard generally describes the procedures of calculating average
time of flame spread. However, it does not clearly state the method to
determine the flame spread time for raised-fiber surface fabrics. More
specific direction on calculating average flame spread time would
enable more accurate fabric classification.
Specify different desiccant. The standard specifies anhydrous
calcium chloride as the desiccant to allow specimens to cool before
testing without reabsorbing moisture. CFR 1610 1610.4(f). However,
CPSC's Test Manual
[[Page 57773]]
specifies silica gel. Silica gel is more effective, reliable and
economical.
Other possible changes. The Commission is considering several other
possible changes. For example, the Commission is considering some
changes to the organization of the standard to consolidate it and make
it easier to understand. The Commission is also considering: Specifying
that tape can be used to secure specimens in the specimen holder;
specifying the purpose of brushing specimens and when replacing the
brush is necessary; specifying the details of specimen conditioning;
and requiring only the type of laundering/drycleaning specified on a
garment's care label. The Commission is also considering clarifying and
amending regulations concerning fabrics exempted from testing for
guaranties. See 16 CFR 1610.37(d).
4. Existing Relevant Standards
The Commission staff conducted a review to find other relevant
textile standards. The staff found three relevant standards with modern
dry cleaning methods and/or laundering methods.
American Society for Testing and Materials (ASTM)D 1230-94,
Standard Test Method for Flammability of Apparel Textiles. This
voluntary standard provides methods for testing and evaluating the
flammability of textile fabrics used as apparel in both original state
condition and after refurbishment. The standard specifies two dry
cleaning options. However, only one--any commercial dry cleaning
operation in a closed environment for one cycle--is still available.
After the fabric is dry cleaned, it is laundered using home-type
washing and drying machines. The standard refers to the American
Association of Textile Chemists and Colorists (AATCC) Test Method 135
entitled Dimensional Changes in Automatic Home Laundering of Woven and
Knit Fabrics. This voluntary standard specifies the type of detergent,
washing and drying conditions and washer and dryer specifications. An
analysis of the laboratory test data from an ASTM interlaboratory round
robin conducted in 1991 indicates that for specimens subjected to ASTM
D 1230 (both dry cleaning and machine laundering followed by tumble
drying procedures specified in AATCC Test Method 135), this
flammability test was as stringent or more stringent than the
refurbishing procedure in 16 CFR part 1610.
British Standards Institution (``BSI'') BS EN ISO 3175: 1996
Textile--Evaluation of Stability to Machine Drycleaning. The purpose of
this standard is to determine whether normal to very sensitive fabrics
can be dry cleaned by examining dimensional changes after three to five
cleaning treatments. It uses a commercial dry cleaning machine
containing perchloroethylene and a detergent followed by some form of
steam treatment and/or hot pressing (a lesser drying temperature or
line drying is used for fabrics containing heat sensitive fibers). This
standard uses a modern procedure, a commercial dry cleaning machine,
but such a machine would not necessarily be available in the U.S. and
would have to have appropriate environmental controls installed. The
standard does not have a laundering procedure.
Canadian General Standards Board (``CGSB'') CAN/CGSB-4.2 No. 30.3-
94, Procedure for the Removal of Non-permanent Flame-retardant
Treatments from Textile Products. The purpose of this dry cleaning and
laundering standard is to test fabrics for the presence of nonpermanent
flame-retardant treatments applied to textile products. The procedures
specify that the fabric should be initially dry cleaned in either a
coin-operated perchloroethylene dry cleaning machine or in any
commercial dry cleaning operation. This is followed by laundering in a
domestic-type washing machine using neutral chip soap and dried
according to the care instructions provided by the fabric manufacturer.
One dry cleaning and one laundering cycle are recommended. The washing
machine specified in this standard is not currently available in the
U.S.
5. Invitations to Comment
In accordance with section 4(g) of the FFA, the Commission invites
comments on this notice, specifically:
1. Comments concerning the risk of injury identified in this
notice, the regulatory alternatives discussed above, and other
alternatives to address the risk of injury;
2. an existing standard or portion of a standard as a proposed
rule;
3. a statement of intention to modify or develop a voluntary
standard to address the risk of injury identified in the notice along
with a description of a plan to modify or develop the standard.
In addition, the Commission is interested in obtaining further
information and comments about the possible changes to the clothing
flammability standard discussed above, such as:
1. Modernizing the flammability tester;
2. updating the prescribed dry cleaning method;
3. updating the laundering method described in the standard;
4. revising or clarifying confusing test procedures;
5. developing standardized language for interpreting and reporting
test results;
6. reorganizing some text of the rule for clarity; and
7. clarifying or amending the exemptions from the requirements for
testing to support guaranties at 1610.37(d).
Dated: September 9, 2002.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
List of Relevant Documents
1. Briefing memorandum from Jacqueline Elder, Acting Assistant
Executive Director, EXHR and Margaret Neily, Project Manager,
Directorate for Engineering Sciences, to the Commission, ``Amending
the Standard for the Flammability of Clothing Textiles, 16 CFR
1610,'' May 29, 2002.
2. Memorandum from Weiying Tao, Division of Electrical
Engineering, to Margaret Neily, Project Manager, ``Amending the
Flammability Tester Specifications, the Dry Cleaning and Washing
Procedures of the CPSC Flammability Regulations in 16 CFR 1610,''
February 28, 2002.
3. Memorandum from Weiying Tao, Division of Electrical
Engineering, to Margaret Neily, Project Manager, ``Alternate Dry
Cleaning and Washing Requirements of Apparel Specified in Standards
Other than 16 CFR Part 1610 Standard for the Flammability of
Clothing Textiles,'' March 1, 2002.
4. Memorandum from Weiying Tao, (previously) on detail to ESME,
to Margaret Neily, Project Manager, ``Proposed Revisions for the
Standard for the Flammability of Clothing Textiles,'' March 25,
2002.
[FR Doc. 02-23273 Filed 9-11-02; 8:45 am]
BILLING CODE 6355-01-P