[Federal Register: February 27, 2007 (Volume 72, Number 38)]
[Proposed Rules]
[Page 8843-8868]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27fe07-23]
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Part II
Consumer Product Safety Commission
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16 CFR Part 1610
Standard for the Flammability of Clothing Textiles; Proposed Rule
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1610
Standard for the Flammability of Clothing Textiles; Notice of
Proposed Rulemaking
AGENCY: Consumer Product Safety Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Commission is proposing to amend its flammability standard
of general wearing apparel, the Standard for the Flammability of
Clothing Textiles, 16 CFR part 1610. The Standard, originally issued in
1953, has become outdated in several respects. The Commission is
proposing changes to better reflect current consumer practices and
technologies and to clarify several aspects of the Standard.
DATES: Written comments must be received by May 14, 2007. Requests to
make an oral presentation must be received by April 13, 2007.
ADDRESSES: Written comments should be filed by e-mail to
cpsc-os@cpsc.gov. Comments also may be filed by telefacsimile to (301) 504-
0127, or they may be mailed or delivered, preferably in five copies, to
the Office of the Secretary, Consumer Product Safety Commission, Room
502, 4330 East West Highway, Bethesda, Maryland 20814-4408; telephone
(301) 504-7923. Comments should be captioned ``Clothing NPR.''
The public may also request an opportunity to present comments
orally. Such requests should be submitted to the Office of the
Secretary by e-mail, mail, fax or in person at the addresses or phone
numbers listed above.
FOR FURTHER INFORMATION CONTACT: Patricia K. Adair, Directorate for
Engineering Sciences, Consumer Product Safety Commission, 4330 East
West Highway, Bethesda, Maryland 20814-4408; telephone (301) 504-7536.
SUPPLEMENTARY INFORMATION:
A. Background
1. History of the Standard
It excludes footwear, interlining fabrics, and some hats and
gloves. 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 in effect until
superseded or modified by the Secretary of Commerce through the
procedures specified in the 1967 amendment. See section 11 of Pub. L.
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
published the FFA of 1953 at 16 CFR 1609 and codified the Standard for
the Flammability of Clothing Textiles at 16 CFR part 1610.
2. The Current Standard
Most fabrics are combustible. Some combustible fabrics, when used
for clothing are potentially dangerous to the wearer because of the
speed and intensity of flame with which those fabrics burn and their
ease of ignition and because of the design of the garment. The Standard
sets out a method for measuring burn time, which is a function of ease
of ignition and flame spread rate.
The Commission is not proposing to change the essential aspects of
the Standard, but rather to update and clarify it. The Standard
describes a test apparatus and the procedures for testing clothing and
textiles intended to be used for clothing. It establishes three classes
of flammability. The classes are based on measurement of burn time,
along with visual observations of flame intensity. The classes are:
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 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), five additional specimens must be tested and
the average time of flame spread for these ten specimens, or for as
many of them as burn, must be taken. Id. 1610.4(g)(7). Classification
is based on the reported results before and after drycleaning and
washing, whichever is lower. Id. 1610.4(g)(8).
3. The Products
The products regulated under the Standard are clothing and fabrics
intended to be used for clothing. The Standard applies to all items of
clothing, and fabrics used for such clothing, whether for adults or
children, for daywear or nightwear. The Commission has other
regulations governing the flammability of children's sleepwear, 16 CFR
parts 1615 and 1616, that are more stringent than the general wearing
apparel flammability standard. The proposed changes discussed in this
notice would not affect the children's sleepwear standards.
4. The Risk of Injury
Fatalities where clothing was the first item ignited have declined
from 311 fatalities in 1980 to 110 fatalities in 2003, the most recent
year of available data. An average of 122 clothing fire-related
fatalities occurred annually during 1999-2003. Population fatality
rates increased with age. In addition, an estimated 3,822 non-fatal
injuries were treated in hospital emergency departments annually (2000-
2004). Among these non-fatal injuries, 25 percent were serious enough
to require admission to a hospital (compared to 5% for all consumer
products). The changes the Commission is proposing will better reflect
current practices and technologies and clarify some aspects of the
Standard. These changes should improve the Standard's ability to
address the risk of injury.
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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 it did on
September 12, 2002, 67 FR 57770.
The Commission is now issuing a notice of proposed rulemaking
(``NPR''). As required, this notice contains 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). In addition, the
Commission must find that the standard (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. 1193(b).
The Commission also must provide an opportunity for interested
persons to make an oral presentation before the Commission may issue a
final rule. Id. 1193(d). The Commission requests that anyone who would
like to make an oral presentation concerning this rulemaking please
contact the Commission's Office of the Secretary (address is provided
in the ADDRESSES section of this notice) within 45 days of publication
of this notice. If the Commission receives requests to make oral
comments, a date will be set for a public meeting for that purpose and
notice of the meeting will be provided in the Federal Register.
C. Proposed Revision
To reflect changes in consumer garment care practices and to make
the standard easier to understand, the Commission is proposing certain
changes to the clothing flammability standard. These are discussed
below.
Definitions. Over the years people have expressed confusion over
the meaning of certain terms and a lack of defined terminology in the
Standard. In particular, the meaning of the terms ``base burn'' and
``surface flash'' have caused confusion in interpreting and reporting
test results for raised surface textile fabrics. These terms are now
defined in the proposal. In addition, several other relevant terms and
definitions have been added. These terms include burn time, dry
cleaning, flammability, flame, ignition, interlining, laundering, long
dimension, plain surface textile fabric, raised surface textile fabric,
refurbishing, sample, specimen, and stop thread supply.
Changes to the flammability tester. The test chamber prescribed in
the current Standard uses a mechanical timing mechanism and is no
longer available for purchase. Apparel manufacturers and testing
laboratories currently use more modern flammability test chambers that
incorporate electro-mechanical components to apply the ignition flame
and measure burn time. (The Standard allows alternate procedures if
they are as stringent as the specified procedure.) A variety of such
testers are available from a number of manufacturers. The proposed
revision describes the critical parameters of a modern flammability
test apparatus and provides diagrams. In 1982, CPSC staff conducted
some work comparing the flame impingement time of the electrical test
chamber to that of a chamber with the mechanical timing device and
found that the electrical test chamber readings were comparable to and
more consistent than the manual test chamber readings. The proposed
revisions expressly permit the use of electro-mechanical devices to
control and apply the flame impingement.
Refurbishing methods. The Standard requires fabrics to be
refurbished, that is, dry cleaned and laundered, one time before
testing. The purpose of this requirement is to remove any non-durable
solvent or water soluble treatment present on the fabric. It is not
intended to replicate how the garment would be used or cared for by a
consumer. Both the dry cleaning and laundering procedures prescribed by
the current Standard are outdated. The proposal revises these
procedures to better reflect modern techniques for laundering and dry
cleaning.
The method of dry cleaning that 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.) Industry and independent
laboratories have been using an alternative dry cleaning procedure
provided in ASTM D 1230, Standard Test Method for Apparel Flammability.
This procedure uses perchlorethylene in a closed environment commercial
dry cleaning machine for one cycle. Analysis of test data from an ASTM
interlaboratory round robin indicates that this procedure is as
stringent as the procedure currently specified in 16 CFR part 1610.
However, the ASTM standard lacks specifications for solvent type,
detergent class, cleaning and extraction time, drying time and
temperature, and cool down/deoderization time. If specific and uniform
conditions are not followed, test results could vary. Therefore, the
proposed revision includes specific parameters for these conditions.
These parameters were suggested by the International Fabricare
Institute, a trade association for the professional garment care
industry.
The current Standard requires that after fabric samples 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,
neutral chip soap is no longer available. Most detergents are now non-
phosphate based due to environmental concerns. The proposed revision
sets forth laundering requirements based on those prescribed in
American Association of Textile Chemists and Colorists (``AATCC'') 124-
2001, Appearance of Fabrics After Repeated Home Laundering. An earlier
version of this test method was incorporated into other FFA standards
in 2000. 65 FR 12924, 12929, and 12935 (March 10, 2000).
Test procedures. Over the years, manufacturers and testing
laboratories have expressed confusion regarding the test procedures and
materials or equipment required by the Standard. Inaccurate sample
preparation and conditioning undermine the efficacy of the Standard. In
the ANPR, the Commission identified confusing sections of the test
procedure, including the instructions for selecting the surface or
direction of the fabric to be tested, and the directions for
determining when to test five additional specimens. The proposed
revision reorganizes and rewrites the test procedure in a more logical
step-by-step fashion to clarify the directions for selecting the
surface or direction of the fabric to be tested, how to determine when
testing five additional specimens is necessary, as well as how to
conduct the flammability test.
Test result interpretation and reporting. The current Standard
provides no codes to report complex test results consistently. Although
this is not an issue for plain surface textile fabrics, it is for
raised surface textile fabrics, the
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classification of which is more complex. The proposed revision
clarifies the instructions for calculating burn times and establishing
the occurrence of a base burn (Sec. 1610.8). By defining the terms
``base burn'' and ``surface flash'' in Sec. 1610.2, the proposed
revision provides further clarification for the reporting of test
results for raised surface textile fabrics. The proposed revision also
specifies test result codes. These codes come from CPSC's laboratory
test manual and are based on codes developed by the Federal Trade
Commission many years ago. Uniform result codes will facilitate
reporting accuracy and consistency, understanding of flammability
performance, and resolution of test result differences among
laboratories.
Subpart B and Subpart C. The Commission is also proposing changes
to subparts B and C of the Standard. To reduce confusion, the proposal
moves some provisions concerning procedures for conducting the tests
that are currently in subpart B and C into subpart A. This should
provide a more cohesive and clearer standard. Subpart C is
substantially the same, but some language has been clarified to make it
more consistent with subparts A and B, and the section describing the
history of the FFA and the Standard has been removed.
D. Response to Comments on the ANPR
On September 12, 2002, the Commission published an ANPR initiating
this rulemaking. 67 FR 57770. The Commission received 18 written
comments from businesses, trade associations, and interested parties
representing various segments of the fiber, textile and apparel
industries, as well as academic institutions and fire service
organizations. Commenters generally agreed that the Standard needs to
be updated and reorganized. Specific issues raised by the comments are
discussed below.
1. Laundering and Dry Cleaning
a. Comment. One commenter suggested considering new dry cleaning
methods/solvents as an alternative to perchloroethylene.
Response. The Commission recognizes that new dry cleaning
technologies have emerged in recent years as alternatives to
perchloroethylene and that at least one region of the country is moving
to phase-out the use of perchloroethylene by 2020. At this time,
however, approximately 70% of U.S. dry cleaners still use
perchloroethylene. Perchloroethylene is known to be slightly more
severe in solvent action than other solvents and more likely to remove
any flame retardant treatments on textiles. The proposal specifies a
``normal'' commercial dry cleaning method which includes specifications
for cleaning, extraction, drying temperature, drying time and cool
down/deodorization. Samples are to be cleaned in a commercial dry
cleaning machine, using perchloroethylene as the solvent in a closed
environment.
b. Comment. One commenter expressed concern over the role of fabric
softeners in fabric flammability.
Response. According to the Procter and Gamble Company, about 71% of
U.S. households have some form of fabric softener. The most common
forms of fabric softeners for home laundering are liquid softeners
(purchased by 42% of U.S. households) and dryer-added sheet softeners
(purchased by about 49% of U.S. households). Dryer sheet softeners have
anti-static properties. Some households use both forms; some consumers
use both a rinse cycle softener and a dryer sheet softener for the same
load of laundry. At the present time there is no ``standard reference''
fabric softener. The AATCC technical committee RA88 on Home Laundering
Technology is working on the development of a standard reference fabric
softener; the technical committee estimates that this work may be
completed in approximately three years. The Commission is not including
a requirement for fabric softener at this time since there is no
standard fabric softener to reference.
c. Comment. For changes to the dry cleaning and laundering
procedures, two commenters suggested CPSC consider current AATCC and
ASTM standards.
Response. The proposal incorporates certain sections of AATCC Test
Method 124-2001 ``Appearance of Fabrics After Repeated Home
Laundering,'' consistent with other FFA regulations (16 CFR Parts 1615,
1616, 1630, 1631 and 1632). The dry cleaning procedure in the proposal
is similar but not identical to ASTM D1230 Standard Test Method for
Flammability of Apparel Textiles section 9.2.1.6 Option B. The proposal
has specifications for dry cleaning in a commercial dry-cleaning
machine using perchloroethylene in a ``normal'' cycle.
d. Comment. One commenter provided suggestions for updating the
laundering method which included increasing the number of cycles.
Response. The intent of the laundering and dry cleaning
requirements of the Standard is to remove any non-durable flame
retardant treatments that may be on the clothing textile; its intent is
not to replicate the consumer's refurbishing practices. No change has
been made; one cycle of each refurbishing method is required.
e. Comment. One commenter suggested requiring only the refurbishing
method on the garment care label.
Response. The Standard applies to fabrics and fabrics used in
garments. While the test method can be used to test fabric in the
garment stage it also applies to fabric before it is sewn into a
garment, so a fabric care label may not be present. The refurbishing
requirement (laundering/dry cleaning) is to remove any solvent or water
soluble treatment that might be on the garment. It is not meant to test
the durability of fabric treatments over the lifetime of a garment.
2. Clarifications in the Standard
a. Comment. Several comments suggested areas of the Standard in
need of clarification. These included clarifying the brushing of the
specimens, fabrics considered to be raised fiber textiles,
determination of the nap direction of raised surface textiles,
exemptions allowed and interpretation of test results for
classification.
Response. The Commission agrees that sections of the current
Standard are difficult to interpret and need clarification, including
clearer instructions on brushing of raised fiber surface textiles and
determination of which fabrics are considered to have raised fiber
surfaces. The proposal includes examples of raised fiber surface
textiles and provides guidance on testing these fabrics. The proposal
moves language from footnotes into the body of the Standard to clarify
the exemptions allowed and brings forward clarifying language from 16
CFR subparts B and C. In addition, the proposed revision includes new
text and graphics on the test procedure, interpretation of test results
for classification, and engineering diagrams of the flammability test
apparatus.
b. Comment. Commenters suggested adding portions of the CPSC
laboratory test manual to clarify the test procedures in the Standard.
Response. The staff used the 1981 CPSC laboratory manual as a
resource in developing recommendations to amend the Standard. The
proposal has added language from the lab manual in many sections.
c. Comment. One commenter suggested that the terms ``surface
flash'' and ``base burn'' be defined in the Standard; another suggested
definitions for these terms.
[[Page 8847]]
Response. The proposal adds many new definitions to the Standard,
including definitions for ``surface flash'' and ``base burn'' to
facilitate clearer understanding of the flammability test,
classification criteria and reporting results.
d. Comment. Two commenters suggested reorganizing the Standard to
eliminate duplication.
Response. The Commission agrees and proposes to reorganize large
portions of the Standard to eliminate duplication and make it easier to
follow and understand.
3. Enforcement and Procedural Issues
a. Comment. Two commenters urged CPSC to continue with enforcement
of 16 CFR part 1610.
Response. The CPSC Office of Compliance actively enforces 16 CFR
part 1610 and continues to see violations of the Standard. From 1995
through June 2006, the Commission announced the recall of 28 apparel
products for violations of 16 CFR part 1610.
b. Comment. One commenter suggested CPSC should consider
promulgating a procedure or mechanism that allows the agency to make
technical changes to this and other standards on a routine basis when
referenced voluntary standards are upgraded by AATCC and ASTM (e.g.,
laundering and dry cleaning) without having to go through full notice
and comment rulemaking.
Response. For any change by a voluntary standards organization to
have the force and effect of a Commission rule, the Commission must
formally adopt it through notice and comment rulemaking.
c. Comment. Some commenters suggested that the requirements of the
Standard should be made more stringent to improve the level of safety
provided by the Standard; comments included reviewing the
appropriateness of the ignition source and ignition time, increasing
the ignition time from 1 to 5 seconds, revising the acceptable burn
times; considering forced ignition, ignition of the lower cut edge of
the specimen and horizontal and vertical test configurations. One
comment was concerned with the need for new flammability requirements
for certain types of clothing (adult sleepwear and bathrobes). One
commenter suggested adding a list of ``suspect fabrics'' and requiring
more frequent testing for these fabrics. Additional comments included
clarifying or amending the exemptions from the requirements for testing
to support guaranties and warning labels for ``high-risk'' garments.
Response. The scope of the ANPR issued on September 12, 2002 was
limited to considering changes to the Standard to better reflect
current consumer practices, modernized testing equipment and clarifying
several aspects of the Standard. If, in the future, the Commission
should determine that substantive changes to the Standard are needed to
adequately protect the public, it would begin a separate proceeding for
issuing a new standard or amending the current one in accordance with
provisions of section 4 of the FFA (15 U.S.C. 1193).
4. The Desiccant Specified in the Standard
Comment. One commenter recommended specifying silica gel as the
desiccant instead of anhydrous calcium chloride. Another commenter was
concerned about the potency of the anhydrous calcium chloride desiccant
and consequently the efficacy of testing. That commenter noted that the
only way to ensure the potency of anhydrous calcium chloride desiccant
is to require maintaining daily logs detailing the initial temperature
and humidity readings inside the desiccator at the start of each day,
as well as after each test is completed.
Response. The Commission agrees with the commenters, and the
proposal specifies silica gel as the preferred desiccant. Silica gel is
recognized as an effective, reliable desiccant; and it can be
reactivated by heating, thus making it economical. Other FFA standards
(16 CFR parts 1615, 1616, 1630 and 1631) specify silica gel as the
preferred desiccant, and for the purpose of uniformity the CPSC
laboratory has been using silica gel as the desiccant for all FFA
testing since 1973. Regarding the potency of the desiccant, unlike
anhydrous calcium chloride desiccant, the color-changing silica gel
indicator provides a visual indication that the desiccant has become
saturated with moisture. When the indicating silica gel crystals change
color, the desiccant is reactivated by heating it in a laboratory oven.
5. Preliminary Tests
a. Comment. One commenter recommended eliminating the preliminary
tests requirement because the majority of apparel garments are cut in
the lengthwise direction, therefore only the lengthwise direction of a
garment or fabric needs to be tested.
Response. When a garment is worn on a body, the orientation of the
fabric varies. The standard specifies that the long dimension of a
plain surface textile fabric specimen is that direction in which the
fabric burns most rapidly. To determine which fabric direction burns
the most rapidly, the Standard requires preliminary tests of specimens
cut in different directions. Because there can be differences in the
burning characteristics with respect to fabric direction, the staff
believes that the requirement for preliminary tests should not be
eliminated.
b. Comment. One commenter suggested increasing the number of
preliminary tests, especially for raised fiber surface textile fabrics
to include both lengthwise and crosswise directions. The commenter is
concerned about low-pile fabrics where it may be difficult to determine
the correct direction of the raised surface fibers.
Response. For raised fiber surface textile fabrics the Standard
requires the direction of the lay of the surface fibers be parallel
with the long dimension of the specimen. Selecting specimens in this
manner allows for the brushing procedure to raise the surface fibers,
since the specimen is brushed against the direction of the lay of the
surface fibers. The Standard requires tests of the most flammable
surface of the fabric. With many raised fiber surface textile fabrics
it is easy to determine the direction of the lay of the surface fibers
by touch and visual observation, and preliminary tests are not needed.
Regarding those fabrics where it may be difficult to visually determine
the correct direction of the lay of the raised surface fibers,
preliminary tests should be done to determine the direction with the
fastest burning time. Since the Standard already requires preliminary
tests to determine the most flammable fabric direction, there is no
need to prescribe preliminary tests of both the lengthwise and
crosswise direction of raised fiber surface textile fabrics.
6. Reporting Test Results
Comment. One commenter recommended using simplified abbreviations
(or codes) for reporting burn test results.
Response. The existing Standard does not provide codes to report
test results. However, the FTC developed test result codes many years
ago for both plain surface and raised fiber surface textile fabrics.
These codes are found in the CPSC's laboratory test manual, and the
CPSC laboratory staff has used them to record test results for a number
of years. Uniform result codes will facilitate reporting accuracy,
understanding of flammability performance and resolution of test result
differences among laboratories. For these reasons the proposal provides
test result codes.
[[Page 8848]]
E. Preliminary Regulatory Analysis
Introduction
The Commission has preliminarily determined to issue a rule
revising and reorganizing the Standard for the Flammability of Clothing
Textiles. Section 4(i) of the FFA requires that the Commission prepare
a preliminary regulatory analysis for a proposed regulation under the
FFA and that it be published with the proposed rule. 15 U.S.C. 1193(i).
The following discussion, extracted from the staff's memorandum titled
``Preliminary Regulatory Analysis: Amendment to Clothing Textile
Standard,'' addresses this requirement.
Potential Benefits and Costs
Any benefits of the proposed revision would accrue through a
reduction in injury and death associated with clothing ignition.
However, the proposed amendment simply codifies existing industry
practices, and is not intended to change the types and classes of
textiles (or garments) available for consumer use. Consequently, we do
not anticipate any change in injuries or deaths due to this revision.
Therefore, this amendment would not result in any additional expected
benefits associated with the Standard.
Similarly, the proposal is not expected to increase costs to
manufacturers. Any increased costs that would have been incurred were
already borne by manufacturers when they voluntarily initiated the test
modifications which would be called for under the revision. No
additional testing or recordkeeping requirements are contemplated as a
result of the proposed amendment. Again, this amendment simply codifies
current industry practices. If anything, this proposed revision may
reduce the industry burden since it modifies requirements that are
outdated and/or impossible to comply with.
Alternatives
One alternative would be for the Commission to choose to use the
ASTM standard as a template for the proposed amendment. The ASTM
standard is a recent update (2001) of the FFA regulations promulgated
in 1953. This option would harmonize the voluntary standard with the
mandatory FFA standard. However, the more extensive definitional
language of the proposed revised standard is more complete and more
easily understood than that of the ASTM standard, which follows a
different organizational format.
Another option may be to use the test procedures outlined in the
ASTM standard, combined with the definitional content of the proposal.
While each of the options is likely to result in equivalence with the
current Standard, the Commission believes that the detail of its
proposed language could better address the potential for confusion and
mis-classification of clothing textiles by the industry.
F. Regulatory Flexibility Certification
The Regulatory Flexibility Act (``RFA'') generally requires that
agencies review proposed rules for their potential economic impact on
small entities, including small businesses. Section 603 of the RFA
calls for agencies to prepare and make available for public comment an
initial regulatory flexibility analysis describing the impact of the
proposed rule on small entities and identifying impact-reducing
alternatives. 5 U.S.C. 603. However, section 605 states that this
requirement does not apply if the head of the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities, and the agency provides an explanation for
that conclusion.
This rulemaking will have little or no effect on small businesses
in the textile and apparel industries because, as discussed above, the
proposal is largely a technical one that updates the FFA Standard to
current industry practices. Therefore, the Commission concludes that
the proposed amendment will not have a significant economic impact on a
substantial number of small entities.
G. Environmental Considerations
Generally, CPSC rules are considered to ``have little or no
potential for affecting the human environment,'' and environmental
assessments are not usually prepared for these rules (see 16 CFR 1021.5
(c)(1)). Because the proposal continues current industry practices, it
is not expected to alter production processes or affect the amounts of
materials used in manufacturing, packaging or labeling. Therefore, the
Commission does not expect the proposal to have any negative
environmental impact.
H. Executive Orders
Executive Order 12988 (February 5, 1996), requires agencies to
state in clear language the preemptive effect, if any, to be given to a
new regulation. The clothing standard amendment, if issued on a final
basis, would modify a flammability standard issued under the FFA. With
certain exceptions which are not applicable in this instance, no state
or political subdivision of a state may enact 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 fire'' unless the state or
local flammability standard or regulation ``is identical'' to the FFA
standard. See section 16 of the FFA (15 U.S.C. 1203).
I. Effective Date
Section 4(b) of the FFA (15 U.S.C. 1193(b)) 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 than an earlier or later effective date is in the public
interest, and publishes that finding. Section 4(b) also 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 those products are so highly flammable that they are dangerous
for use by consumers.
The Commission believes that a shorter effective date is in the
public interest. As discussed above, the proposed revisions reflect
practices that industry and laboratories are currently following. Thus,
the impact of the proposed changes should be minimal. Moreover, it
should be helpful to the public if the clarifications provided in the
proposed revision are effective sooner than one year. Therefore, the
Commission proposes that the revisions to the Standard would become
effective 180 days after publication of a final amendment and that
products ``in inventory or with the trade'' would be exempt from the
revised standard.
J. Proposed Findings
Section 1193(a) and (j)(2) 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.
1193(b). 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
[[Page 8849]]
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 against unreasonable risk of the occurrence of fire. The
Standard dates from 1953. In the past fifty years changes in technology
and consumer practices have made some parts of the Standard obsolete.
Through the years, some have found the Standard's terminology and
organization confusing and difficult to follow. The proposed amendment
will better reflect the modern practices followed by industry and
consumers, and modifications in the language and organization of the
standard will enhance its clarity.
The amendment to the Standard is reasonable, technologically
practicable, and appropriate. The proposed amendment essentially
establishes in the Standard the practices currently followed by
industry and testing laboratories. These changes should enhance the
Standard's reasonableness, practicability, and appropriateness.
The amendment to the Standard is limited to fabrics, related
materials, and products that present an unreasonable risk. The proposed
amendment continues to apply to the same textiles as the existing
Standard.
Voluntary standards. The proposed Standard is similar to ASTM D1230
Standard Test Method for Flammability of Apparel Textiles in methods of
testing but significantly different in refurbishing procedures,
terminology and criteria. The Commission believes that the proposed
amendment will provide better clarity to industry and testing
laboratories and therefore is likely to better address the risk of
injury.
Relationship of benefits to costs. Because the proposed amendment
reflects current practices, both anticipated costs and benefits are
likely to be small.
Least burdensome requirement. The proposed amendment makes no
substantive changes to the Standard, but only provides modifications
that are necessary to update and clarify the Standard.
K. Conclusion
For the reasons discussed above, the Commission preliminarily finds
that amending the clothing textile flammability standard is needed to
adequately protect the public against the unreasonable risk of the
occurrence of fire leading to death, injury, and significant property
damage. The Commission also preliminarily finds that the amendment to
the Standard is reasonable, technologically practicable, and
appropriate. The Commission further finds that the amendment is limited
to the fabrics, related materials and products which present such
unreasonable risks.
List of Subjects in 16 CFR Part 1610
Clothing, Consumer protection, Flammable materials, Reporting and
recordkeeping requirements, Textiles, Warranties.
Therefore, the Commission proposes to amend Title 16 of the Code of
Federal Regulations by revising part 1610 to read as follows:
PART 1610--STANDARD FOR THE FLAMMABILITY OF CLOTHING TEXTILES
Subpart A--The Standard
Sec.
1610.1 Purpose, scope and applicability.
1610.2 Definitions.
1610.3 Summary of test method.
1610.4 Requirements for classifying textiles.
1610.5 Test apparatus and materials.
1610.6 Test procedure.
1610.7 Test sequence and classification criteria.
1610.8 Reporting results.
Subpart B--Rules and Regulations
1610.31 Definitions.
1610.32 General requirements.
1610.33 Test procedures for textile fabrics and film.
1610.34 Only uncovered or exposed parts of wearing apparel to be
tested.
1610.35 Procedures for testing special types of textile fabrics
under the standard.
1610.36 Application of Act to particular types of products.
1610.37 Reasonable and representative tests to support guaranties.
1610.38 Maintenance of records by those furnishing guaranties.
1610.39 Shipments under section 11(c) of the Act.
1610.40 Use of alternative apparatus, procedures, or criteria for
tests for guaranty purposes.
Subpart C--Interpretations and Policies
1610.61 Reasonable and representative testing to assure compliance
with the standard for the clothing textiles.
Figure 1 to Part 1610--Sketch of Flammability Apparatus
Figure 2 to Part 1610--Flammability Apparatus Views
Figure 3 to Part 1610--Specimen Holder Supported in Specimen Rack
Figure 4 to Part 1610--Igniter
Figure 5 to Part 1610--Brushing Device
Figure 6 to Part 1610--Brush
Figure 7 to Part 1610--Template
Authority: 15 U.S.C. 1191-1204.
Subpart A--The Standard
Sec. 1610.1 Purpose, scope and applicability.
(a) Purpose. The purpose of this standard 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 prohibiting the use of any
dangerously flammable clothing textiles.
(b) Scope. The Standard provides methods of testing the
flammability of clothing and textiles intended to be used for clothing,
establishes three classes of flammability, sets forth the requirements
which textiles shall meet to be classified, and warns against the use
of those textiles which have burning characteristics unsuitable for
clothing. Hereafter, ``clothing and textiles intended to be used for
clothing'' shall be referred to as ``textiles.''
(c) Specific exceptions. This standard shall not apply to: (1)
Hats, provided they do not constitute or form part of a covering for
the neck, face, or shoulders when worn by individuals;
(2) Gloves, provided they are not more than 14 inches in length and
are not affixed to or do not form an integral part of another garment;
(3) Footwear, provided it does not consist of hosiery in whole or
part and is not affixed to or does not form an integral part of another
garment;
(4) Interlining fabrics, when intended or sold for use as a layer
between an outer shell and an inner lining in wearing apparel.
(d) Specific exemptions. Experience gained from years of testing in
accordance with the Standard demonstrates that certain fabrics
consistently yield acceptable results when tested in accordance with
the Standard. Therefore, persons and firms issuing an initial guaranty
of any of the following types of fabrics, or of products made entirely
from one or more of these fabrics, are exempt from any requirement for
testing to support guaranties of those fabrics:
(1) Plain surface fabrics, regardless of fiber content, weighing
2.6 ounces per square yard or more; and
(2) All fabrics, both plain surface and raised-fiber surface
textiles, regardless of weight, made entirely from any of the following
fibers or entirely from combination of the following fibers: acrylic,
modacrylic, nylon, olefin, polyester, wool.
(e) Applicability. The requirements of this part 1610 shall apply
to textile fabric or related material in a form or state ready for use
in an article of
[[Page 8850]]
wearing apparel, including garments and costumes finished for consumer
use.
Sec. 1610.2 Definitions.
In addition to the definitions given in Section 2 of the Flammable
Fabrics Act as amended (15 U.S.C. 1191), the following definitions
apply for this part 1610.
(a) Base burn (also known as base fabric ignition or fusing) means
the point at which the flame burns the ground (base) fabric of a raised
surface textile fabric and provides a self-sustaining flame. Base
burns, used to establish a Class 3 fabric, are those burns resulting
from surface flash that occur on specimens in places other than the
point of impingement when the warp and fill yarns of a raised surface
textile fabric undergo combustion. Base burns can be identified by an
opacity change, scorching on the reverse side of the fabric, or when a
physical hole is evident.
(b) Burn time means the time elapsed from ignition until the stop
thread is severed as measured by the timing mechanism of the test
apparatus.
(c) Dry cleaning means the cleaning of samples in a commercial dry
cleaning machine under the conditions described in Sec. 1610.6.
(d) Film means any non-rigid, unsupported plastic, rubber or other
synthetic or natural film or sheeting, subject to the Act, or any
combination thereof, including transparent, and opaque material,
whether plain, embossed, molded, or otherwise surface treated, which is
in a form or state ready for use in wearing apparel, and shall include
film or sheeting of any thickness.
(e) Flammability means those characteristics of a material that
pertain to its relative ease of ignition and relative ability to
sustain combustion.
(f) Flame application time means the 1 second during which the
ignition flame is applied to the test specimen.
(g) Ignition means that there is a self-sustaining flame on the
specimen after the test flame is removed.
(h) Interlining means any textile which is intended for
incorporation into an article of wearing apparel as a layer between an
outer shell and an inner lining.
(i) Laundering means washing with an aqueous detergent solution and
includes rinsing, extraction and tumble drying as described in Sec.
1610.6.
(j) Long dimension means the 150 mm (6 in) length of test specimen.
(k) Plain surface textile fabric means any textile fabric which
does not have an intentionally raised fiber or yarn surface such as a
pile, nap, or tuft, but shall include those fabrics that have fancy
woven, knitted or flock-printed surfaces.
(l) Raised surface textile fabric means any textile fabric with an
intentionally raised fiber or yarn surface, such as a pile, including
flocked pile, nap, or tufting.
(m) Refurbishing means dry cleaning and laundering in accordance
with Sec. 1610.6.
(n) Sample means a portion of a lot of material which is taken for
testing or for record keeping purposes.
(o) Specimen means a 50 mm by 150 mm (2 in by 6 in) section of
sample.
(p) Stop thread supply means No. 50, white, mercerized, 100% cotton
sewing thread.
(q) Surface flash means a rapid burning of the pile fibers and
yarns on a raised fiber surface textile that may or may not result in
base burning.
(r) Textile fabric means any coated or uncoated material subject to
the Act, except film and fabrics having a nitro-cellulose fiber,
finish, or coating, which is woven, knitted, felted or otherwise
produced from any natural or manmade fiber, or substitute therefore, or
combination thereof, of 50 mm (2 in) or more in width, and which is in
a form or state ready for use in wearing apparel, including fabrics
which have undergone further processing, such as dyeing and finishing,
in garment form, for consumer use.
Sec. 1610.3 Summary of test method.
The Standard provides methods of testing the flammability of
textiles from or intended to be used for apparel; establishes three
classes of flammability; sets forth the requirements for classifying
textiles; and prohibits the use of single or multi-layer textile
fabrics that have burning characteristics that make them unsuitable for
apparel. All textiles shall be tested before and after refurbishing
according to Sec. 1610.6. Each specimen cut from the textile shall be
inserted in a frame, brushed if it has a raised fiber surface, and held
in a special apparatus at an angle of 45[deg]. A standardized flame
shall be applied to the surface near the lower end of the specimen for
1 second, and the time required for the flame to proceed up the fabric
a distance of 127 mm (5 in) shall be recorded. A notation shall be made
as to whether the base of a raised-surface textile fabric ignites or
fuses.
Sec. 1610.4 Requirements for classifying textiles.
(a) Class 1, Normal Flammability. Class 1 textiles exhibit normal
flammability and are acceptable for use in clothing. This class shall
include textiles which meet the minimum requirements set forth in
paragraph (a)(1) or paragraph (a)(2) of this section.
(1) Plain surface textile fabric. Such textiles in their original
state and/or after being refurbished as described in Sec. 1610.6(a)
and Sec. 1610.6(b), when tested as described in Sec. 1610.6, shall be
classified as Class 1, Normal Flammability, when the burn time is 3.5
seconds or more.
(2) Raised surface textile fabric. Such textiles in their original
state and/or after being refurbished as described in Sec. 1610.6(a)
and Sec. 1610.6(b), when tested as described in Sec. 1610.6, shall be
classified as Class 1, Normal Flammability, when the burn time is more
than 7 seconds, or when they burn with a rapid surface flash (0 to 7
seconds), provided the intensity of the flame is so low as not to
ignite or fuse the base fabric.
(b) Class 2, Intermediate Flammability. Class 2 fabrics, applicable
only to raised fiber surface textiles, are considered to be of
intermediate flammability, but may be used for clothing. This class
shall include textiles which meet the minimum requirements set forth in
paragraph (b)(2) of this section.
(1) Plain surface textile fabric. Class 2 is not applicable to
plain surface textile fabrics.
(2) Raised surface textile fabric. Such textiles in their original
state and/or after being refurbished as described in Sec. 1610.6(a)
and Sec. 1610.6(b), when tested as described in Sec. 1610.6, shall be
classified as Class 2, Intermediate Flammability, when the burn time is
from 4 through 7 seconds, both inclusive, and the base fabric ignites
or fuses.
(c) Class 3, Rapid and Intense Burning. Class 3 textiles exhibit
rapid and intense burning, are dangerously flammable and shall not be
used for clothing. This class shall include textiles which have burning
characteristics as described in paragraphs (c)(1) and (c)(2) of this
section. Such textiles are considered dangerously flammable because of
their rapid and intense burning.
(1) Plain surface textile fabric. Such textiles in their original
state and/or after refurbishing as described in Sec. 1610.6(a) and
Sec. 1610.6(b), when tested as described in Sec. 1610.6, shall be
classified as Class 3 Rapid and Intense Burning when the time of flame
spread is less than 3.5 seconds.
(2) Raised surface textile fabric. Such textiles in their original
state and/or after refurbishing as described in Sec. 1610.6(a) and
Sec. 1610.6(b), when tested
[[Page 8851]]
as described in Sec. 1610.6, shall be classified as Class 3 Rapid and
Intense Burning when the time of flame spread is less than 4 seconds
and the intensity of flame is such as to ignite or fuse the base
fabric.
Table 1 to Sec. 1610.4.--Summary of Test Criteria for Specimen
Classification
[See also Sec. 1610.7]
------------------------------------------------------------------------
Plain surface Raised surface
Class textile fabric textile fabric
------------------------------------------------------------------------
1............................... Burn time is 3.5 (1) Burn time is
seconds or more. greater than 7.0
ACCEPTABLE (3.5 seconds or
sec is a pass).
(2) Burn time is 0-
7 seconds with no
base burns.
Exhibits rapid
surface flash
only. ACCEPTABLE
2............................... Class 2 is not Burn time is 4-7
applicable to seconds
plain surface (inclusive) with
textile fabrics. base burn.
ACCEPTABLE
3............................... Burn time is less Burn time is less
than 3.5 seconds. than 4.0 seconds
NOT ACCEPTABLE. with base burn.
NOT ACCEPTABLE.
------------------------------------------------------------------------
Sec. 1610.5 Test apparatus and materials.
(a) Flammability apparatus. The flammability test apparatus
consists of a draft-proof ventilated chamber enclosing a standardized
ignition mechanism, sample rack, and automatic timing mechanism. The
flammability apparatus shall meet the minimum requirements for testing
as follows.
(1) Test chamber.--(i) Test chamber structure. The test chamber
shall be a metal, draft-proof ventilated chamber. The test chamber
shall have inside dimensions of 35.3 cm high by 36.8 cm wide by 21.6 cm
deep (14 in by 14.5 in by 8.5 in). There shall be eleven 12.7 mm
diameter (0.5 in) holes equidistant along the rear of the top closure.
The front of the chamber shall be a close fitting door with an insert
made of clear material (i.e., glass, plexiglass) to permit observation
of the entire test. A ventilating strip is provided at the base of the
door in the front of the apparatus. The test chamber to be used in this
test method is illustrated in Figures 1 through 3 of this part.
(ii) Specimen rack. The specimen rack provides support for the
specimen holder (described in paragraph (a)(1)(iii) of this section) in
which the specimen is mounted for testing. The angle of inclination
shall be 45[deg]. Two guide pins projecting downward from the center of
the base of the rack travel in slots provided in the floor of the
chamber so that adjustment can be made for the thickness of the
specimen in relation to the test flame. A stop shall be provided in the
base of the chamber to assist in adjusting the position of the rack.
The specimen rack shall be constructed so that: it supports the
specimen holder in a way that does not obstruct air flow around the
bottom edge of the fabric specimen; and the fabric specimen is properly
aligned with the igniter tip during flame impingement. The specimen
rack to be used in this test method is illustrated in Figures 1 and 2
of this part. Movable rack: Refer to the manufacturers' instruction in
relation to the adjustment procedure to move the rack into the
appropriate position for the indicator finger alignment.
(iii) Specimen holder. The specimen holder supports and holds the
fabric specimen. The specimen holder shall consist of two 2 mm (0.06
in) thick U-shaped matched metal plates. The plates are slotted and
loosely pinned for alignment. The specimen shall be firmly sandwiched
in between the metal plates with clamps mounted along the sides. The
two plates of the holder shall cover all but 3.8 cm (1.5 in) of the
width of the specimen for its full length. See Figure 3 of this part.
The specimen holder shall be supported in the draft-proof chamber on
the rack at an angle of 45[deg].
(iv) Indicator finger. The position of the specimen rack (described
in paragraph (a)(1)(ii) of this section) shall be adjusted, so the tip
of the indicator finger just touches the surface of the specimen. The
indicator finger is necessary to ensure that the tip of the test flame
will impinge on the specimen during testing. The indicator finger to be
used in this test method is illustrated in Figures 1 and 2 of this
part.
(v) Ignition mechanism. The ignition mechanism shall consist of a
motor driven butane gas jet formed around a 26-gauge hypodermic needle
and creates the test flame. The test flame shall be protected by a
shield. The test flame is adjusted to 16 mm (0.625 in) and applied to
the specimen for 1 second. A trigger device is located in the front of
the apparatus, the pulling or pushing of which activates the test flame
impingement and timing device. Electro-mechanical devices (i.e., servo-
motors, solenoids, micro-switches, and electronic circuits, in addition
to miscellaneous custom made cams and rods, shock absorbing linkages,
and various other mechanical components) can be used to control and
apply the flame impingement. See Figure 7 of this part.
(vi) Draft ventilator strip. A draft ventilator strip shall be
placed across the front opening, sealing the space between the sliding
door when in lowered position and the base on which the grid rack is
attached. (See Figure 1 of this part.)
(vii) Stop weight. The weight, attached by means of a clip to the
stop thread, in dropping actuates the stop motion for the timing
mechanism. The weight shall be at least 30g (1.16 oz).
(viii) Door. The door shall be a clear (i.e., glass or plexiglass)
door, close fitting and allows for viewing of the entire test.
(ix) Hood. The hood or other suitable enclosure shall provide a
draft-free environment surrounding the test chamber. The hood or other
suitable enclosure shall have a fan or other means for exhausting smoke
and/or fumes produced by testing.
(2) Stop thread and thread guides.--(i) Stop thread. The stop
thread shall be stretched from the spool through suitable thread guides
provided on the specimen holder and chamber walls.
(ii) Stop thread supply. This supply, consisting of a spool of No.
50, white, mercerized, 100% cotton sewing thread, shall be fastened to
the side of the chamber and can be withdrawn by releasing the
thumbscrew holding it in position.
(iii) Thread guides. The thread guides permit the lacing of the
stop thread in the proper position exactly 127 mm (5 in) from the point
where the center of the ignition flame impinges on the test specimen.
The stop thread shall be 9.5 mm (0.37 in) above and parallel to the
lower surface of the top plate of the specimen holder. This condition
can be achieved easily and reproducibly with the use of a thread guide
popularly referred to as a ``sky hook'' suspended down from the top
panel along with two L-shaped thread guides attached to the
[[Page 8852]]
upper end of the top plate of the specimen holder. Two other thread
guides can be installed on the rear panel to draw the thread away from
directly over the test flame. The essential condition, however, is the
uniform height of 9.5 mm (0.37 in) for the stop thread and not the
number, placement or design of the thread guides.
(iv) Stop weight thread guide. This thread guide shall be used to
guide the stop thread when attaching the stop weight.
(3) Supply for test flame. (i) The fuel supply shall be a cylinder
of chemically pure (c. p.) butane.
(ii) The fuel-tank control valve shall consist of a sensitive
control device for regulating the fuel supply at the tank.
(iii) The flow control device, such as a manometer or flow meter,
shall be sufficient to maintain a consistent flame length of \5/8\ in.
(4) Timing device. The timing device consists of a timer, driving
mechanism and weight. The timer, by means of special attachments, is
actuated to start by connection with the gas jet. A trigger device
(described in paragraph (a)(1)(v) of this section) activates the flame
impingement, causing the driving mechanism to move the gas jet to its
most forward position and automatically starts the timer at the moment
of flame impact with the specimen. The falling weight, when caused to
move by severance of the stop thread, stops the timer. Time shall be
read directly and recorded as a burn time. Read burn time to 0.1
second. An electronic or mechanical timer can be used to record the
burn time, and electro-mechanical devices (i.e., servo-motors,
solenoids, micro-switches, and electronic circuits, in addition to
miscellaneous custom made cams and rods, shock absorbing linkages, and
various other mechanical components) can be used to control and apply
the flame impingement.
(b) Specimen preparation equipment and materials--(1) Laboratory
drying oven. This shall be a forced circulation drying oven capable of
maintaining 105[deg] 3[deg] C (221[deg]
5[deg] F) for 30 2 minutes to dry the specimens while
mounted in the specimen holders.
(2) Desiccator. This shall be an airtight and moisture tight
chamber capable of holding the specimens horizontally without
contacting each other during the cooling period following drying, and
shall contain silica gel desiccant.
(3) Desiccant. Anhydrous silica gel shall be used as the desiccant.
(4) Automatic washing machine. The automatic washing machine shall
be as described in Sec. 1610.6(b)(1)(ii).
(5) Automatic tumble dryer. The automatic tumble dryer shall be as
described in Sec. 1610.6(b)(1)(ii).
(6) Commercial dry cleaning machine. The commercial dry cleaning
machine shall be capable of providing a complete automatic dry-to-dry
cycle using perchloroethylene solvent and a cationic drycleaning
detergent as specified in Sec. 1610.6(b)(1)(i).
(7) Dry cleaning solvent. The solvent shall be perchloroethylene,
commercial grade.
(8) Dry cleaning detergent. The dry cleaning detergent shall be
cationic class.
(9) Laundering detergent. The laundering detergent shall be as
specified in Sec. 1610.6(b)(1)(ii).
(10) Brushing device. The brushing device shall consist of a base
board over which a small carriage is drawn. See Figure 4 of this part.
This carriage runs on parallel tracks attached to the edges of the
upper surface of the base board. The brush is hinged with pin hinges at
the rear edge of the base board and rests on the carriage vertically
with a pressure of 150 gf (0.33 lbf). The brush shall consist of two
rows of stiff nylon bristles mounted with the tufts in a staggered
position. The bristles are 0.41 mm (0.016 in) in diameter and 19 mm
(0.75 in) in length. There are 20 bristles per tuft and 4 tufts per
inch. See Figure 6 of this part. A clamp is attached to the forward
edge of the movable carriage to permit holding the specimen on the
carriage during the brushing operation. The purpose of the metal plate
or ``template'' on the carriage of the brushing device is to support
the specimen during the brushing operation. The template shall be 3.2
mm (0.13 in) thick. See Figure 5 of this part.
Sec. 1610.6 Test procedure.
The test procedure is divided into two steps. Step 1 is testing in
the ``as received'' or original state; Step 2 is testing after the
fabric has been refurbished according to paragraph (b)(1) of this
section.
(a) Step 1--Testing in the ``as received'' or original state. (1)
Tests shall be conducted on the fabric in a form or state ready for use
in wearing apparel. Determine whether the fabric to be tested is a
plain surface textile fabric or a raised surface textile fabric as
defined in Sec. 1610.2 (k) and (l). There are some fabrics that
require extra attention when preparing test specimens because of their
particular construction characteristics. Examples of these fabrics are
provided in paragraphs (a)(1)(i) through (vi) of this section along
with guidelines for preparing specimens from these fabrics. This
information is not intended to be all-inclusive.
(i) Flocked fabrics. Fabrics that are flocked overall are treated
as raised surface textile fabrics as defined in Sec. 1610.2(l). Flock
printed fabrics (usually in a pattern and not covering the entire
surface) shall be treated as plain surface textile fabrics as defined
in Sec. 1610.2(k).
(ii) Cut velvet fabrics. Cut velvet fabrics with a patterned
construction shall be considered a raised surface textile fabric as
defined in Sec. 1610.2(l).
(iii) Metallic thread fabrics. Metallic thread fabrics shall be
considered plain surface textile fabrics provided the base fabric is
smooth. The specimens shall be cut so that the metallic thread is
parallel to the long dimension of the specimen and arranged so the test
flame impinges on a metallic thread.
(iv) Embroidery. Embroidery on netting material shall be tested
with two sets of preliminary specimens to determine the most flammable
area (which offers the greatest amount of netting or embroidery in the
150 mm (6 in.) direction). One set of netting only shall be tested and
the other set shall consist mainly of embroidery with the specimens cut
so that the test flame impinges on the embroidered area. Test the most
flammable area according to the plain surface textile fabric
requirements. The full test shall be completed on a sample cut from the
area that has the fastest burn rate.
(v) Burn-out patterns. Flat woven constructions with burn-out
patterns shall be considered plain surface textile fabrics as defined
in Sec. 1610.2(k).
(vi) Narrow fabrics and loose fibrous materials. Narrow fabrics and
loose fibrous materials manufactured less than 50 mm (2 in) in width in
either direction shall not be tested. If a 50 mm by 150 mm (2 in by 6
in) specimen cannot be cut due to the nature of the item, i.e. hula
skirts, leis, fringe, loose feathers, wigs, hairpieces, etc., do not
conduct a test.
(2) Plain surface textile fabrics--(i) Preliminary trials. Conduct
preliminary trials to determine the quickest burning direction. The
specimen size shall be 50 mm by 150 mm (2 in by 6 in). Cut one specimen
from each direction of the fabric. Identify the fabric direction being
careful not to make any identifying marks in the exposed area to be
tested. Preliminary specimens shall be mounted and conditioned as
described in paragraphs (a)(2)(ii) through (iv) of this section and
then tested following the procedure in paragraph (c) of this section to
determine if there is a difference in the burning characteristics
[[Page 8853]]
with respect to the direction of the fabric.
(ii) Identify and cut test specimens. Cut the required number of
test specimens to be tested (refer to Sec. 1610.7(b)(1)). Each
specimen shall be 50 mm by 150 mm (2 in by 6 in), with the long
dimension in the direction in which burning is most rapid as
established in the preliminary trials. Be careful not to make any
identifying marks in the exposed area to be tested.
(iii) Mount specimens. Specimens shall be placed in the holders,
with the side to be burned face up. Even though plain surface textile
fabrics are not brushed, all specimens shall be mounted in a specimen
holder placed on the carriage that rides on the brushing device to
ensure proper position in the holder. A specimen shall be placed
between the two metal plates of a specimen holder and clamped. Each
specimen shall be mounted and clamped prior to conditioning and
testing.
(iv) Condition specimens. All specimens mounted in the holders
shall then be placed in a horizontal position on an open metal shelf in
the oven to permit free circulation of air around them. The specimens
shall be dried in the oven for 30 2 minutes at 105[deg]
3 [deg]C (221[deg] 5 [deg]F), removed from
the oven and placed over a bed of anhydrous silica gel desiccant in a
desiccator until cool, but not less than 15 minutes.
(v) Flammability test. Follow the test procedure in paragraph (c)
of this section and also follow the test sequence in Sec.
1610.7(b)(1).
(3) Raised surface textile fabrics.--(i) Preliminary trials. The
most flammable surface of the fabric shall be tested. Conduct
preliminary trials and/or visual examination to determine the quickest
burning area. The specimen size shall be 50 mm by 150 mm (2 in by 6
in). For raised surface textile fabrics, the direction of the lay of
the surface fibers shall be parallel with the long dimension of the
specimen. Specimens shall be taken from that part of the raised fiber
surface that appears to have the fastest burn time. For those fabrics
where it may be difficult to visually determine the correct direction
of the lay of the raised surface fibers, preliminary tests can be done
to determine the direction of the fastest burn time. For textiles with
varying depths of pile, tufting, etc., the preliminary test specimens
are taken from each depth of pile area to determine which exhibits the
quickest rate of burning. A sufficient number of preliminary specimens
shall be tested to provide adequate assurance that the raised surface
textile fabric will be tested in the quickest burning area. Preliminary
specimens shall be mounted and conditioned as described below and
tested following the procedure in paragraph (c) of this section.
(ii) Identify and cut test specimens. Cut the required number of
specimens (refer to Sec. 1610.7(b)(3)) to be tested. Each specimen
shall be 50 mm by 150 mm (2 in by 6 in), with the specimen taken from
the direction in which burning is most rapid as established in the
preliminary trials and/or visual examination. Be careful not to make
any identifying marks in the exposed area to be tested.
(iii) Mount specimens. Prior to mounting the specimen, run a
fingernail along the 150 mm (6 in) edge of the fabric not more than 6.4
mm (0.25 in) in from the side to determine the lay of the surface
fibers. All specimens shall be mounted in a specimen holder placed on
the carriage that rides on the brushing device. The specimens shall be
mounted with the side to be burned face up and positioned so the lay of
the surface fibers is going away from the closed end of the specimen
holder. The specimen must be positioned in this manner so that the
brushing procedure described in paragraph (a)(3)(iv) of this section
will raise the surface fibers, i.e., the specimen is brushed against
the direction of the lay of the surface fibers. The specimen shall be
placed between the two metal plates of the specimen holder and clamped.
(iv) Brush specimens. After mounting in the specimen holder (and
with the holder still on the carriage that rides on the brushing
device) each specimen shall be brushed one time. The carriage is pushed
to the rear of the brushing device, and the brush lowered to the face
of the specimen. The carriage shall be drawn forward by hand once
against the lay of the surface fibers at a uniform rate. Brushing of a
specimen shall be performed with the specimen mounted in a specimen
holder. The purpose of the metal plate or ``template'' on the carriage
of the brushing device is to support the specimen during the brushing
operation.
(v) Condition specimens. All specimens (mounted and brushed) in the
holders shall be then placed in a horizontal position on an open metal
shelf in the oven to permit free circulation of air around them. The
specimens shall be dried in the oven for 30 2 minutes at
105[deg] 3 [deg]C (221[deg] 5 [deg]F) removed
from the oven and placed over a bed of anhydrous silica gel dessicant
in a desiccator until cool, but not less than 15 minutes.
(vi) Conduct flammability test. Follow the procedure in paragraph
(c) of this section and follow the test sequence in Sec. 1610.7(b)(3).
(b) Step 2--Refurbishing and testing after refurbishing. (1) The
refurbishing procedures are the same for both plain surface textile
fabrics and raised fiber surface textile fabrics. Those samples that
result in a Class 3, Rapid and Intense Burning after Step 1 testing in
the ``as received'' or original state shall not be refurbished and do
not undergo Step 2.
(i) Dry cleaning procedure. (A) All samples shall be dry cleaned
before they undergo the laundering procedure. Samples shall be dry
cleaned in a commercial dry cleaning machine, using the following
prescribed conditions:
Solvent: Perchloroethylene, commercial grade
Detergent class: Cationic
Cleaning time: 10-15 minutes
Extraction time: 3 minutes
Drying Temperature: 60 - 66 [deg]C (140 - 150 [deg]F)
Drying Time: 18-20 minutes
Cool Down/Deodorization time: 5 minutes
(B) Samples shall be dry cleaned in a load that is 80% of the
machine's capacity. If necessary, ballast consisting of clean textile
pieces or garments, white or light in color and consisting of
approximately 80% wool and 20% polyester, shall be used.
(ii) Laundering procedure. The sample, after being subjected to the
dry cleaning procedure, shall be washed and dried one time in
accordance with sections 8.2.2, 8.2.3 and 8.3.1(A) of AATCC Test Method
124-2001 ``Appearance of Fabrics after Repeated Home Laundering.''
Washing shall be performed in accordance with sections 8.2.2 and 8.2.3
of AATCC Test Method 124-2001 using wash water temperature (V)
(149[deg] 5 [deg]F; 60[deg] 3 [deg]C)
specified in Table II of that method, and the water level, agitator
speed, washing time, spin speed and final spin cycle specified for
``Normal/Cotton Sturdy'' in Table III. A maximum wash load shall be 8
pounds (3.63 kg) and may consist of any combination of test samples and
dummy pieces. Drying shall be performed in accordance with section
8.3.1(A) of that test method, Tumble Dry, using the exhaust temperature
(150[deg] 10 [deg]F; 66[deg] 5 [deg]C) and
cool down time of 10 minutes specified in the ``Durable Press''
conditions of Table IV.
(2) Testing plain surface textile fabrics after refurbishing. The
test procedure is the same as for Step 1--Testing in the ``as
received'' or original state described in paragraph (a)(1) of this
section; also follow the test sequence Sec. 1610.7(b)(2).
[[Page 8854]]
(3) Testing raised fiber surface textile fabrics after
refurbishing. The test procedure is the same as for Step 1--Testing in
the ``as received'' or original state as described in paragraph (a)(3)
of this section; also follow the test sequence in Sec. 1610.7(b)(4).
(c) Procedure for testing flammability. (1) The test chamber shall
be located under the hood (or other suitable enclosure) with the fan
turned off. Open the control valve in the fuel supply. Allow
approximately 5 minutes for the air to be drawn from the fuel line,
ignite the gas and adjust the test flame to a length of 16 mm (\5/8\
in), measured from its tip to the opening in the gas nozzle.
(2) Remove one mounted specimen from the desiccator at a time and
place it in a position on the rack in the chamber of the apparatus.
Thick fabrics may require adjustment of the specimen rack so that the
tip of the indicator finger just touches the surface of the specimen.
(3) Adjust the position of the specimen rack of the flammability
test chamber so that the tip of the indicator finger just touches the
face of the mounted specimen.
(4) String the stop thread through the guides in the upper plate of
the specimen holder across the top of the specimen, and through any
other thread guide(s) of the chamber. Hook the stop weight in place
close to and just below the stop weight thread guide. Set the timing
mechanism to zero. Close the door of the flammability test chamber.
(5) Begin the test within 45 seconds of the time the specimen was
removed from the desiccator. Activate the trigger device to impinge the
test flame. The trigger device controls the impingement of the test
flame onto the specimen and starts the timing device. The timing is
automatic and stops when the weight is released by the severing of the
stop thread.
(6) At the end of each test, turn on the hood fan to exhaust any
fumes or smoke produced during the test.
(7) Record the burn time (reading of the timer) for each specimen,
along with visual observation using the test result codes given in
Sec. 1610.8. If there is no burn time, record the visual observation
using the test result codes. Please note for raised fiber surface
textile fabrics, specimens should be allowed to continue burning, even
though a burn rate is measured, to determine if the base fabric will
fuse.
(8) After exhausting all fumes and smoke produced during the test,
turn off the fan before testing the next specimen.
Sec. 1610.7 Test sequence and classification criteria.
(a) Preliminary and final classifications. Preliminary
classifications are assigned based on the test results both before and
after refurbishing. The final classification shall be the preliminary
classification before or after refurbishing, whichever is the more
severe flammability classification.
(b) Test sequence and classification criteria. (1) Step 1, Plain
Surface Textile Fabrics in the ``as received'' or original state.
(i) Conduct preliminary tests in accordance with Sec.
1610.6(a)(2)(i) to determine the fastest burning direction of the
fabric.
(ii) Prepare and test five specimens from the fastest burning
direction. The burn times determine whether to assign the preliminary
classification and proceed to Sec. 1610.6(b) or to test five
additional specimens.
(iii) Assign the preliminary classification of Class 1, Normal
Flammability and proceed to Sec. 1610.6(b) when:
(A) There are no burn times; or
(B) There is only one burn time and it is equal to or greater than
3.5 seconds; or
(C) The average burn time of two or more specimens is equal to or
greater than 3.5 seconds.
(iv) Test five additional specimens when there is either only one
burn time, and it is less than 3.5 seconds; or there is an average burn
time of less than 3.5 seconds. Test these five additional specimens
from the fastest burning direction as previously determined by the
preliminary specimens. The burn times for the 10 specimens determine
whether to:
(A) Stop testing and assign the final classification as Class 3,
Rapid and Intense Burning only when there are two or more burn times
with an average burn time of less than 3.5 seconds; or
(B) Assign the preliminary classification of Class 1, Normal
Flammability and proceed to Sec. 1610.6(b) when there are two or more
burn times with an average burn time of 3.5 seconds or greater.
(v) If there is only one burn time out of the 10 test specimens,
the test is inconclusive. The fabric cannot be classified.
(2) Step 2, Plain Surface Textile Fabrics after refurbishing in
accordance with Sec. 1610.6(b)(1).
(i) Conduct preliminary tests in accordance with Sec.
1610.6(a)(2)(i) to determine the fastest burning direction of the
fabric.
(ii) Prepare and test five specimens from the fastest burning
direction. The burn times determine whether to stop testing and assign
the preliminary classification or to test five additional specimens.
(iii) Stop testing and assign the preliminary classification of
Class 1, Normal Flammability, when:
(A) There are no burn times; or
(B) There is only one burn time, and it is equal to or greater than
3.5 seconds; or
(C) There is an average burn time 3.5 seconds or greater.
(iv) Test five additional specimens when there is only one burn
time, and it is less than 3.5 seconds; or there is an average burn time
less than 3.5 seconds. Test five additional specimens from the fastest
burning direction as previously determined by the preliminary
specimens. The burn times for the 10 specimens determine the
preliminary classification when:
(A) There are two or more burn times with an average burn time of
3.5 seconds or greater. The preliminary classification is Class 1,
Normal Flammability; or
(B) There are two or more burn times with an average burn time of
less than 3.5 seconds. The preliminary and final classification is
Class 3, Rapid and Intense Burning; or
(v) If there is only one burn time out of the 10 specimens, the
test results are inconclusive. The fabric cannot be classified.
(3) Step 1, Raised Surface Textile Fabric in the ``as received'' or
original state.
(i) Determine the area to be most flammable per Sec.
1610.6(a)(3)(i).
(ii) Prepare and test five specimens from the most flammable area.
The burn times and visual observations determine whether to assign a
preliminary classification and proceed to Sec. 1610.6(b) or to test
five additional specimens.
(iii) Assign the preliminary classification and proceed to Sec.
1610.6(b) when:
(A) There are no burn times. The preliminary classification is
Class 1, Normal Flammability; or
(B) There is only one burn time and it is less than 4 seconds
without a base burn, or it is 4 seconds or greater with or without a
base burn. The preliminary classification is Class 1, Normal
Flammability; or
(C) There are no base burns regardless of the burn time(s). The
preliminary classification is Class 1, Normal Flammability; or
(D) There are two or more burn times with an average burn time of
0-7 seconds with a surface flash only. The
[[Page 8855]]
preliminary classification is Class 1, Normal Flammability; or
(E) There are two or more burn times with an average burn time
greater than 7 seconds with any number of base burns. The preliminary
classification is Class 1, Normal Flammability; or
(F) There are two or more burn times with an average burn time of 4
through 7 seconds (both inclusive) with no more than one base burn. The
preliminary classification is Class 1, Normal Flammability; or
(G) There are two or more burn times with an average burn time less
than 4 seconds with no more than one base burn. The preliminary
classification is Class 1, Normal Flammability; or
(H) There are two or more burn times with an average burn time of 4
through 7 seconds (both inclusive) with two or more base burns. The
preliminary classification is Class 2, Intermediate Flammability.
(iv) Test five additional specimens when the tests of the initial
five specimens result in either of the following: There is only one
burn time and it is less than 4 seconds with a base burn; or the
average of two or more burn times is less than 4 seconds with two or
more base burns. Test these five additional specimens from the most
flammable area. The burn times and visual observations for the 10
specimens will determine whether to:
(A) Stop testing and assign the final classification only if the
average burn time for the 10 specimens is less than 4 seconds with
three or more base burns. The final classification is Class 3, Rapid
and Intense Burning; or
(B) Assign the preliminary classification and continue on to Sec.
1610.6(b) when:
(1) The average burn time is less than 4 seconds with no more than
two base burns. The preliminary classification is Class 1, Normal
Flammability; or
(2) The average burn time is 4-7 seconds (both inclusive) with no
more than 2 base burns. The preliminary classification is Class 1,
Normal Flammability, or
(3) The average burn time is greater than 7 seconds. The
preliminary classification is Class 1, Normal Flammability; or
(4) The average burn time is 4 through 7 seconds (both inclusive)
with three or more base burns. The preliminary classification is Class
2, Intermediate Flammability, or
(v) If there is only one burn time out of the 10 specimens, the
test is inconclusive. The fabric cannot be classified.
(4) Step 2, Raised Surface Textile Fabric After Refurbishing in
accordance with Sec. 1610.6(b).
(i) Determine the area to be most flammable in accordance with
Sec. 1610.6(a)(3)(i).
(ii) Prepare and test five specimens from the most flammable area.
Burn times and visual observations determine whether to stop testing
and determine the preliminary classification or to test five additional
specimens.
(iii) Stop testing and assign the preliminary classification when:
(A) There are no burn times. The preliminary classification is
Class 1, Normal Flammability; or
(B) There is only one burn time, and it is less than 4 seconds
without a base burn; or it is 4 seconds or greater with or without a
base burn. The preliminary classification is Class 1, Normal
Flammability; or
(C) There are no base burns regardless of the burn time(s). The
preliminary classification is Class 1, Normal Flammability; or
(D) There are two or more burn times with an average burn time of 0
to 7 seconds with a surface flash only. The preliminary classification
is Class 1, Normal Flammability; or
(E) There are two or more burn times with an average burn time
greater than 7 seconds with any number of base burns. The preliminary
classification is Class 1, Normal Flammability; or
(F) There are two or more burn times with an average burn time of 4
through 7 seconds (both inclusive) with no more than one base burn. The
preliminary classification is Class 1, Normal Flammability; or
(G) There are two or more burn times with an average burn time less
than 4 seconds with no more than one base burn. The preliminary
classification is Class 1, Normal Flammability; or
(H) There are two or more burn times with an average burn time of 4
through 7 seconds (both inclusive) with two or more base burns. The
preliminary classification is Class 2, Intermediate Flammability.
(iv) Test five additional specimens when the tests of the initial
five specimens result in either of the following: There is only one
burn time, and it is less than 4 seconds with a base burn; or the
average of two or more burn times is less than 4 seconds with two or
more base burns.
(v) If required, test five additional specimens from the most
flammable area. The burn times and visual observations for the 10
specimens determine the preliminary classification when:
(A) The average burn time is less than 4 seconds with no more than
two base burns. The preliminary classification is Class 1, Normal
Flammability; or
(B) The average burn time is less than 4 seconds with three or more
base burns. The preliminary and final classification is Class 3, Rapid
and Intense Burning; or
(C) The average burn time is greater than 7 seconds. The
preliminary classification is Class 1, Normal flammability; or
(D) The average burn time is 4-7 seconds (both inclusive), with no
more than two base burns. The preliminary classification is Class 1,
Normal Flammability; or
(E) The average burn time is 4-7 seconds (both inclusive), with
three or more base burns. The preliminary classification is Class 2,
Intermediate Flammability; or
(vi) If there is only one burn time out of the 10 specimens, the
test is inconclusive. The fabric cannot be classified.
Sec. 1610.8 Reporting results.
(a) The reported result shall be the classification before or after
refurbishing, whichever is the more severe; and based on this result,
the textile shall be placed in the proper final classification as
described in Sec. 1610.4.
(b) Test result codes. The following are the definitions for the
test result codes, which shall be used for recording flammability
results for each specimen that is burned.
(1) For Plain Surface Textile Fabrics:
DNI Did not ignite
IBE Ignited, but extinguished
*IBE Ignited, but extinguished, the asterisk (*) denotes a burn that
goes under the stop thread without breaking the stop thread.
--.-- sec. Actual burn time measured and recorded by the timing
device in 0.0 seconds.
(2) For Raised Surface Textile Fabrics:
SF uc Surface flash, under the stop thread, but does not break the
stop thread.
SF pw Surface flash, part way. No time shown because the surface
flash did not reach the stop thread.
SF poi Surface flash, at the point of impingement only (equivalent
to ``did not ignite'' for plain surfaces).
--.-- sec. Actual burn time measured by the timing device in 0.0
seconds.
--.-- SF only Time in seconds, surface flash only. No damage to the
base fabric.
--.-- SFBB Time in seconds, surface flash base burn. Base starts
burning at points other than the point of impingement.
--.-- SFBB poi Time in seconds, surface flash base burn starting at
the point of impingement.
[[Page 8856]]
--.-- SFBB poi* Time in seconds, surface flash base burn possibly
starting at the point of impingement. The asterisk is accompanied by
the following statement: ``Unable to make absolute determination as
to source of base burns.'' This statement is added to the result of
any specimen if there is a question as to origin of the base burn.
Subpart B--Rules and Regulations
Sec. 1610.31 Definitions.
In addition to the definitions provided in section 2 of the
Flammable Fabrics Act as amended (15 U.S.C. 1191), and in Sec. 1610.2
of the Standard, the following definitions apply for this subpart.
(a) Act means the ``Flammable Fabrics Act'' (approved June 30,
1953, Pub. Law 88, 83d Congress, 1st sess., 15 U.S.C. 1191; 67 Stat.
111) as amended, 68 Stat. 770, August 23, 1954.
(b) Rule, rules, regulations, and rules and regulations, mean the
rules and regulations prescribed by the Commission pursuant to section
5(c) of the act.
(c) United States means, the several States, the District of
Columbia, the Commonwealth of Puerto Rico and the Territories, and
Possessions of the United States.
(d) Marketing or handling means the transactions referred to in
section 3 of the Flammable Fabrics Act, as amended in 1967.
(e) Test means the application of the relevant test method
prescribed in the procedures provided under section 4(a) of the Act (16
CFR part 1609).
(f) Finish type means a particular finish, but does not include
such variables as changes in color, pattern, print, or design, or minor
variations in the amount or type of ingredients in the finish
formulation. Examples of finish types would be starch finishes, resin
finishes or parchmentized finishes.
(g) Uncovered or exposed part means that part of an article of
wearing apparel that might during normal wear be open to flame or other
means of ignition. The outer surface of an undergarment is considered
to be an uncovered or exposed part of an article of wearing apparel,
and thus subject to the Act. Other examples of exposed parts of an
article of wearing apparel subject to the Act include, but are not
limited to:
(1) Linings, with exposed areas, such as full front zippered
jackets;
(2) Sweatshirts with exposed raised fiber surface inside and
capable of being worn napped side out;
(3) Unlined hoods;
(4) Rolled cuffs.
Sec. 1610.32 General requirements.
No article of wearing apparel or fabric subject to the Act and
regulations shall be marketed or handled if such article or fabric,
when tested according to the procedures prescribed in section 4(a) of
the Act (16 CFR part 1609), is so highly flammable as to be dangerous
when worn by individuals.
Sec. 1610.33 Test procedures for textile fabrics and film.
(a)(1) All textile fabrics (except those with a nitro-cellulose
fiber, finish or coating) intended or sold for use in wearing apparel,
and all such fabrics contained in articles of wearing apparel, shall be
subject to the requirements of the Act, and shall be deemed to be so
highly flammable as to be dangerous when worn by individuals if such
fabrics or any uncovered or exposed part of such articles of wearing
apparel exhibits rapid and intense burning when tested under the
conditions and in the manner prescribed in subpart A of this part 1610.
(2) Notwithstanding the provisions of paragraph (a)(1) of this
section, coated fabrics, except those with a nitro-cellulose coating,
may be tested under the procedures outlined in part 1611, Standard for
the Flammability of Vinyl Plastic Film, and if such coated fabrics do
not exhibit a rate of burning in excess of that specified in Sec.
1611.3 they shall not be deemed to be so highly flammable as to be
dangerous when worn by individuals.
(b) All film, and textile fabrics with a nitro-cellulose fiber,
finish or coating intended or sold for use in wearing apparel, and all
film and such textile fabrics referred to in this rule which are
contained in articles of wearing apparel, shall be subject to the
requirements of the Act, and shall be deemed to be so highly flammable
as to be dangerous when worn by individuals if such film or such
textile fabrics or any uncovered or exposed part of such articles of
wearing apparel exhibit a rate of burning in excess of that specified
in part 1611, Standard for the Flammability of Vinyl Plastic Film.
Sec. 1610.34 Only uncovered or exposed parts of wearing apparel to be
tested.
(a) In determining whether an article of wearing apparel is so
highly flammable as to be dangerous when worn by individuals, only the
uncovered or exposed part of such article of wearing apparel shall be
tested according to the applicable procedures set forth in Sec.
1610.6.
(b) If the outer layer of plastic film or plastic-coated fabric of
a multilayer fabric separates readily from the other layers, the outer
layer shall be tested under part 1611--Standard for the Flammability of
Vinyl Plastic Film. If the outer layer adheres to all or a portion of
one or more layers of the underlaying fabric, the multi-layered fabric
may be tested under either part 1610--Standard for the Flammability of
Clothing Textiles or part 1611. However, if the conditioning procedures
required by Sec. 1610.6(a)(2)(iv) and Sec. 1610.6(a)(3)(v) would
damage or alter the physical characteristics of the film or coating,
the uncovered or exposed layer shall be tested in accordance with part
1611.
(c) Plastic film or plastic-coated fabric used, or intended for use
as the outer layer of disposable diapers is exempt from the
requirements of the Standard, provided that a sample taken from a full
thickness of the assembled article passes the test in the Standard
(part 1610 or part 1611) otherwise applicable to the outer fabric or
film when the flame is applied to the exposed or uncovered surface. See
Sec. 1610.36(f) and Sec. 1611.36(f).
Sec. 1610.35 Procedures for testing special types of textile fabrics
under the standard.
(a) Fabric not customarily washed or dry cleaned. (1) Except as
provided in paragraph (a)(2) of this section, any textile fabric or
article of wearing apparel which, in its normal and customary use as
wearing apparel would not be dry cleaned or washed, need not be dry
cleaned or washed as prescribed in Sec. 1610.6(b) when tested under
the Standard if such fabric or article of wearing apparel, when
marketed or handled, is marked in a clear and legible manner with the
statement: ``Fabric may be dangerously flammable if dry cleaned or
washed.'' An example of the type of fabric referred to in this
paragraph is bridal illusion.
(2) Section 1610.3, which requires that all textiles shall be
refurbished before testing, shall not apply to disposable fabrics and
garments. Additionally, such disposable fabrics and garments shall not
be subject to the labeling requirements set forth in paragraph (a)(1)
of this section.
(b) A coated fabric need not, upon test under the procedures
outlined in subpart A of part 1610, be dry cleaned as set forth in
Sec. 1610.6(b)(1)(i).
(c) In determining whether a textile fabric having a raised-fiber
surface, which surface is to be used in the covered or unexposed parts
of articles of wearing apparel, is so highly flammable as to be
dangerous when worn by individuals, only the opposite surface or
surface intended to be exposed need be tested under the applicable
procedures
[[Page 8857]]
set forth in Sec. 1610.6, providing an invoice or other paper covering
the marketing or handling of such fabric is given which clearly
designates that the raised-fiber surface is to be used only in the
covered or unexposed parts of articles of wearing apparel.
Sec. 1610.36 Application of Act to particular types of products.
(a) Interlinings. Fabrics intended or sold for processing into
interlinings or other covered or unexposed parts of articles of wearing
apparel shall not be subject to the provisions of section 3 of the Act:
Provided, that an invoice or other paper covering the marketing or
handling of such fabrics is given which specifically designates their
intended end use: And provided further, that with respect to fabrics
which under the provisions of section 4 of the Act, as amended, are so
highly flammable as to be dangerous when worn by individuals, any
person marketing or handling such fabrics maintains records which show
the acquisition, disposition and intended end use of such fabrics, and
any person manufacturing articles of wearing apparel containing such
fabrics maintains records which show the acquisition, and use and
disposition of such fabrics. Any person who fails to maintain such
records or to furnish such invoice or other paper shall be deemed to
have engaged in the marketing or handling of such products for purposes
subject to the requirements of the Act and such person and the products
shall be subject to the provisions of sections 3, 6, 7, and 9 of the
Act.
(b) Hats, gloves, and footwear. Fabrics intended or sold for use in
those hats, gloves, and footwear which are excluded under the
definition of articles of wearing apparel in section 2(d) of the Act
shall not be subject to the provisions of section 3 of the Act:
Provided, that an invoice or other paper covering the marketing or
handling of such fabrics is given which specifically designates their
intended use in such products: And provided further, that with respect
to fabrics which under the provisions of section 4 of the Act, as
amended, are so highly flammable as to be dangerous when worn by
individuals, any person marketing or handling such fabrics maintains
records which show the acquisition, disposition, and intended end use
of such fabrics, and any person manufacturing hats, gloves, or footwear
containing such fabrics maintains records which show the acquisition,
end use and disposition of such fabrics. Any person who fails to
maintain such records or to furnish such invoice or other paper shall
be deemed to have engaged in the marketing or handling of such products
for purposes subject to the requirements of the Act and such person and
the products shall be subject to the provisions of sections 3, 6, 7,
and 9 of the Act.
(c) Veils and hats. (1) Ornamental millinery veils or veilings when
used as a part of, in conjunction with, or as a hat, are not to be
considered such a ``covering for the neck, face, or shoulders'' as
would, under the first proviso of section 2(d) of the Act, cause the
hat to be included within the definition of the term ``article of
wearing apparel'' where such ornamental millinery veils or veilings do
not extend more than nine (9) inches from the tip of the crown of the
hat to which they are attached and do not extend more than two (2)
inches beyond the edge of the brim of the hat.
(2) Where hats are composed entirely of ornamental millinery veils
or veilings such hats will not be considered as subject to the Act if
the veils or veilings from which they are manufactured were not more
than nine (9) inches in width and do not extend more than nine (9)
inches from the tip of the crown of the completed hat.
(d) Handkerchiefs. (1) Except as provided in paragraph (d)(2) of
this section, handkerchiefs not exceeding a finished size of twenty-
four (24) inches on any side or not exceeding five hundred seventy-six
(576) square inches in area are not deemed ``articles of wearing
apparel'' as that term is used in the Act.
(2) Handkerchiefs or other articles affixed to, incorporated in, or
sold as a part of articles of wearing apparel as decoration, trimming,
or for any other purpose, are considered an integral part of such
articles of wearing apparel, and the articles of wearing apparel and
all parts thereof are subject to the provisions of the Act.
Handkerchiefs or other articles intended or sold to be affixed to,
incorporated in or sold as a part of articles of wearing apparel as
aforesaid constitute ``fabric'' as that term is defined in section 2(e)
of the Act and are subject to the provisions of the Act, such
handkerchiefs or other articles constitute textile fabrics as the term
``textile fabric'' is defined in Sec. 1610.2(r).
(3) If, because of construction, design, color, type of fabric, or
any other factor, a piece of cloth of a finished type or any other
product of a finished type appears to be likely to be used as a
covering for the head, neck, face, shoulders, or any part thereof, or
otherwise appears likely to be used as an article of clothing, garment,
such product is not a handkerchief and constitutes an article of
wearing apparel as defined in and subject to the provisions of the Act,
irrespective of its size, or its description or designation as a
handkerchief or any other term.
(e) Raised-fiber surface wearing apparel. Where an article of
wearing apparel has a raised-fiber surface which is intended for use as
a covered or unexposed part of the article of wearing apparel but the
article of wearing apparel is, because of its design and construction,
capable of being worn with the raised-fiber surface exposed, such
raised-fiber surface shall be considered to be an uncovered or exposed
part of the article of wearing apparel. Examples of the type of
products referred to in this paragraph are athletic shirts or so-called
``sweat shirts'' with a raised-fiber inner side.
(f) Multilayer fabric and wearing apparel with a film or coating on
the uncovered or exposed surface. Plastic film or plastic-coated fabric
used, or intended for use, as the outer layer of disposable diapers is
exempt from the requirements of the standard, provided that a full
thickness of the assembled article passes the test in the standard
otherwise applicable to the outer fabric or film when the flame is
applied to the exposed or uncovered surface.
Sec. 1610.37 Reasonable and representative tests to support
guaranties.
(a) Purpose. The purpose of this Sec. 1610.37 is to establish
requirements for reasonable and representative tests to support initial
guaranties of products, fabrics, and related materials which are
subject to the Standard for the Flammability of Clothing Textiles (the
Standard, 16 CFR part 1610).
(b) Statutory provisions. (1) Section 8(a) of the Act (15 U.S.C.
1197(a)) provides that no person shall be subject to criminal
prosecution under section 7 of the Act (15 U.S.C. 1196) for a violation
of section 3 of the Act (15 U.S.C. 1192) if such person establishes a
guaranty received in good faith to the effect that the product, fabric,
or related material complies with the applicable flammability standard.
A guaranty does not provide the holder any defense to an administrative
action for an order to cease and desist from violation of the
applicable standard, the Act, and the Federal Trade Commission Act (15
U.S.C. 45), nor to any civil action for injunction or seizure brought
under section 6 of the Act (15 U.S.C. 1195).
(2) Section 8 of the Act provides for two types of guaranties:
(i) An initial guaranty based on ``reasonable and representative
tests'' made in accordance with the applicable standard issued under
the Act; and
[[Page 8858]]
(ii) A guaranty based on a previous guaranty, received in good
faith, to the effect that reasonable and representative tests show
conformance with the applicable standard.
(c) Requirements. (1) Each person or firm issuing an initial
guaranty of a product, fabric, or related material subject to the
Standard shall devise and implement a program of reasonable and
representative tests to support such a guaranty.
(2) The term program of reasonable and representative tests as used
in this Sec. 1610.37 means at least one test with results
demonstrating conformance with the Standard for the product, fabric or
related material which is the subject of an initial guaranty. The
program of reasonable and representative tests required by this Sec.
1610.37 may include tests performed before the effective date of this
section, and may include tests performed by persons or firms outside of
the territories of the United States or other than the one issuing the
initial guaranty. The number of tests and the frequency of testing
shall be left to the discretion of the person or firm issuing the
initial guaranty.
(3) In the case of an initial guaranty of a fabric or related
material, a program of reasonable and representative tests may consist
of one or more tests of the particular fabric or related material which
is the subject of the guaranty, or of a fabric or related material of
the same ``class'' of fabrics or related materials as the one which is
the subject of the guaranty. For purposes of this Sec. 1610.37, the
term class means a category of fabrics or related materials having
general constructional or finished characteristics, sometimes in
association with a particular fiber, and covered by a class or type
description generally recognized in the trade.
Sec. 1610.38 Maintenance of records by those furnishing guaranties.
(a) Any person or firm issuing an initial guaranty of a product,
fabric, or related material which is subject to the Standard for the
Flammability of Clothing Textiles (the Standard, 16 CFR part 1610)
shall keep and maintain a record of the test or tests relied upon to
support that guaranty. The records to be maintained shall show:
(1) The style or range number, fiber composition, construction and
finish type of each textile fabric or related material covered by an
initial guaranty; or the identification, fiber composition,
construction and finish type of each textile fabric (including those
with a nitrocellulose fiber, finish or coating), and of each related
material, used or contained in a product of wearing apparel covered by
an initial guaranty.
(2) The results of the actual test or tests made of the textile
fabric or related material covered by an initial guaranty; or of any
fabric or related material used in the product of wearing apparel
covered by an initial guaranty.
(3) When the person or firm issuing an initial guaranty has
conducted the test or tests relied upon to support that guaranty, that
person or firm shall also include with the information required by
paragraphs (a)(1) and (2) of this section, a sample of each fabric or
related material which has been tested.
(b) Persons furnishing guaranties based upon class tests shall
maintain records showing:
(1) Identification of the class test.
(2) Fiber composition, construction and finish type of the fabrics,
or the fabrics used or contained in articles of wearing apparel so
guaranteed.
(3) A swatch of each class of fabrics guaranteed.
(c) Persons furnishing guaranties based upon guaranties received by
them shall maintain records showing the guaranty received and
identification of the fabrics or fabrics contained in articles of
wearing apparel guaranteed in turn by them.
(d) The records referred to in this section shall be preserved for
a period of 3 years from the date the tests were performed, or in the
case of paragraph (c) of this section from the date the guaranties were
furnished.
(e) Any person furnishing a guaranty under section 8(a) of the Act
who neglects or refuses to maintain and preserve the records prescribed
in this section shall be deemed to have furnished a false guaranty
under the provisions of section 8(b) of the Act.
Sec. 1610.39 Shipments under section 11(c) of the Act.
(a) The invoice or other paper relating to the shipment or delivery
for shipment in commerce of articles of wearing apparel or textile
fabrics for the purpose of finishing or processing to render them not
so highly flammable as to be dangerous when worn by individuals, shall
contain a statement disclosing such purpose.
(b) An article of wearing apparel or textile fabric shall not be
deemed to fall within the provisions of section 11(c) of the Act as
being shipped or delivered for shipment in commerce for the purpose of
finishing or processing to render such article of wearing apparel or
textile fabric not so highly flammable under section 4 of the Act, as
to be dangerous when worn by individuals, unless the shipment or
delivery for shipment in commerce of such article of wearing apparel or
textile fabric is made directly to the person engaged in the business
of processing or finishing textile products for the prearranged purpose
of having such article of apparel or textile fabric processed or
finished to render it not so highly flammable under section 4 of the
Act, as to be dangerous when worn by individuals, and any person
shipping or delivering for shipment the article of wearing apparel or
fabric in commerce for such purpose maintains records which establish
that the textile fabric or article of wearing apparel has been shipped
for appropriate flammability treatment, and that such treatment has
been completed, as well as records to show the disposition of such
textile fabric or article of wearing apparel subsequent to the
completion of such treatment.
(c) The importation of textile fabrics or articles of wearing
apparel may be considered as incidental to a transaction involving
shipment or delivery for shipment for the purpose of rendering such
textile fabrics or articles of wearing apparel not so highly flammable
under the provisions of section 4 of the Act, as to be dangerous when
worn by individuals, if:
(1) The importer maintains records which establish that: (i) the
imported textile fabrics or articles of wearing apparel have been
shipped for appropriate flammability treatment, and
(ii) Such treatment has been completed, as well as records to show
the disposition of such textile fabrics or articles of wearing apparel
subsequent to the completion of such treatment.
(2) The importer, at the time of importation, executes and
furnishes to the U.S. Customs and Border Protection an affidavit
stating: These fabrics (or articles of wearing apparel) are dangerously
flammable under the provisions of section 4 of the Act, and will not be
sold or used in their present condition but will be processed or
finished by the undersigned or by a duly authorized agent so as to
render them not so highly flammable under the provisions of section 4
of the Flammable Fabrics Act, as to be dangerously flammable when worn
by individuals. The importer agrees to maintain the records required by
16 CFR 1610.39(c)(1).
(3) The importer, if requested to do so by the U.S. Customs and
Border Protection, furnishes an adequate specific-performance bond
conditioned upon the complete discharge of the obligations assumed in
paragraphs (c) (1) and (2) of this section.
[[Page 8859]]
(d) The purpose of section 11(c) of the Act is only to permit
articles of wearing apparel or textile fabrics which are dangerously
flammable to be shipped or delivered for shipment in commerce for the
purpose of treatment or processing to render them not dangerously
flammable. Section 11(c) does not in any other respect limit the force
and effect of sections 3, 6, 7, and 9 of the Act. In particular,
section 11(c) does not authorize the sale or offering for sale of any
article of wearing apparel or textile fabric which is in fact
dangerously flammable at the time of sale or offering for sale, even
though the seller intends to ship the article for treatment prior to
delivery to the purchaser or has already done so. Moreover, under
section 3 of the Act a person is liable for a subsequent sale or
offering for sale if, despite the purported completion of treatment to
render it not dangerously flammable, the article in fact remains
dangerously flammable.
Sec. 1610.40 Use of alternate apparatus, procedures, or criteria for
tests for guaranty purposes.
(a) Section 8(a) of the Act provides that no person shall be
subject to criminal prosecution under section 7 of the Act (15 U.S.C.
1196) for a violation of section 3 of the Act (15 U.S.C. 1192) if that
person establishes a guaranty received in good faith which meets all
requirements set forth in section 8 of the Act. One of those
requirements is that the guaranty must be based upon ``reasonable and
representative tests'' in accordance with the applicable standard.
(b) Subpart A of this part 1610 prescribes apparatus and procedures
for testing fabrics and garments subject to its provisions. See
Sec. Sec. 1610.5 & 1610.6. Subpart A prescribes criteria for
classifying the flammability of fabrics and garments subject to its
provisions as ``Normal flammability, Class 1,'' ``Intermediate
flammability, Class 2,'' and ``Rapid and Intense Burning, Class 3.''
See Sec. 1610.4. Sections 3 and 4 of the Act prohibit the manufacture
for sale, importation into the United States, or introduction in
commerce of any fabric or article of wearing apparel subject to the
Standard which exhibits ``rapid and intense burning'' when tested in
accordance with the Standard. See 16 CFR part 1609.
(c) The Commission recognizes that for purposes of supporting
guaranties, ``reasonable and representative tests'' could be either the
test in Subpart A of this part, or alternate tests which utilize
apparatus or procedures other than those in Subpart A of this part.
This Sec. 1610.40 sets forth conditions under which the Commission
will allow use of alternate tests with apparatus or procedures other
than those in Subpart A of this part to serve as the basis for
guaranties.
(d)(1) Persons and firms issuing guaranties that fabrics or
garments subject to the Standard meet its requirements may base those
guaranties on any alternate test utilizing apparatus or procedures
other than those in Subpart A of this part, if such alternate test is
as stringent as, or more stringent than, the test in Subpart A of this
part. The Commission considers an alternate test to be ``as stringent
as, or more stringent than'' the test in Subpart A of this part if,
when testing identical specimens, the alternate test yields failing
results as often as, or more often than, the test in Subpart A of this
part. Any person using such an alternate test must have data or
information to demonstrate that the alternate test is as stringent as,
or more stringent than, the test in Subpart A of this part.
(2) The data or information required by this paragraph (d) of this
section to demonstrate equivalent or greater stringency of any
alternate test using apparatus or procedures other than those in
Subpart A of this part must be in the possession of the person or firm
desiring to use such alternate test before the alternate test may be
used to support guaranties of items subject to the Standard.
(3) The data or information required by paragraph (d) of this
section to demonstrate equivalent or greater stringency of any
alternate test using apparatus or procedures other than those in
Subpart A of this part must be retained for as long as that alternate
test is used to support guaranties of items subject to the Standard,
and for one year thereafter.
(e) Specific approval from the Commission in advance of the use of
any alternate test using apparatus or procedures other than those in
Subpart A is not required. The Commission will not approve or
disapprove any specific alternate test utilizing apparatus or
procedures other than those in Subpart A of this part.
(f) Use of any alternate test to support guaranties of items
subject to the Standard without the information required by this
section may result in violation of section 8(b)), of the Act (15 U.S.C.
1197(b)), which prohibits the furnishing of a false guaranty.
(g) The Commission will test fabrics and garments subject to the
Standard for compliance with the Standard using the apparatus and
procedures set forth in Subpart A of this part. The Commission will
consider any failing results from compliance testing as evidence that:
(1) The manufacture for sale, importation into the United States,
or introduction in commerce of the fabric or garment which yielded
failing results was in violation of the Standard and of section 3 of
the Act; and
(2) The person or firm using the alternate test as the basis for a
guaranty has furnished a false guaranty, in violation of section 8(b)
of the Act. (Reporting requirements contained in paragraph (d) were
approved by Office of Management and Budget under control number 3041-
0024.)
Subpart C--Interpretations and Policies
Sec. 1610.61 Reasonable and representative testing to assure
compliance with the standard for the clothing textiles.
(a) Background. (1) The CPSC administers the Flammable Fabrics Act
(``the Act''), 15 U.S.C. 1191-1204. Under the Act, among other things,
the Commission enforces the Flammability Standard for Clothing Textiles
(``the Standard''), 16 CFR part 1610. That Standard establishes
requirements for the flammability of clothing and textiles intended to
be used for clothing (hereinafter ``textiles'').
(2) The Standard applies both to fabrics and finished garments. The
Standard provides methods of testing the flammability of textiles, and
sets forth the requirements that textiles must meet to be classified
into one of three classes of flammability (classes 1, 2 and 3). Sec.
1610.4. Class 1 textiles, those that exhibit normal flammability, are
acceptable for use in clothing. Sec. 1610.4(a)(1) & (2). Class 2
textiles, applicable only to raised fiber surfaces, are considered to
be of intermediate flammability, but may be used in clothing. Sec.
1610.4(b)(1) & (2). Finally, Class 3 textiles, those that exhibit rapid
and intense burning, are dangerously flammable and may not be used in
clothing. Sec. 1610.4(c)(1) & (2). The manufacture for sale, offering
for sale, importation into the U.S., and introduction or delivery for
introduction of Class 3 articles of wearing apparel are among the acts
prohibited by section 3(a) of the Act, 15 U.S.C. 1192(a).
(3) CPSC currently uses retail surveillance, attends appropriate
trade shows, follows up on reports of noncompliance and previous
violations, and works with U.S. Customs and Border Protection in an
effort to find textiles that violate CPSC's standards. The Commission
has a number of enforcement options to address prohibited acts. These
include bringing
[[Page 8860]]
seizure actions in federal district court against violative textiles,
seeking an order through an administrative proceeding that a firm cease
and desist from selling violative garments, pursuing criminal
penalties, or seeking the imposition of civil penalties for ``knowing''
violations of the Act. Of particular relevance to the latter two
remedies is whether reasonable and representative tests were performed
demonstrating that a textile or garment meets the flammability
standards for general wearing apparel. Persons who willfully violate
flammability standards are subject to criminal penalties.
(4) Section 8(a) of the Act, 15 U.S.C. 1197(a), exempts a firm from
the imposition of criminal penalties if the firm establishes that a
guaranty was received in good faith signed by and containing the name
and address of the person who manufactured the guarantied wearing
apparel or textiles or from whom the apparel or textiles were received.
A guaranty issued by a person who is not a resident of the United
States may not be relied upon as a bar to prosecution. 16 CFR 1608.4.
The guaranty must be based on the exempted types of fabrics or on
reasonable and representative tests showing that the fabric covered by
the guaranty or used in the wearing apparel covered by the guaranty is
not so highly flammable as to be dangerous when worn by individuals,
i.e., is not a Class 3 material. (The person proffering a guaranty to
the Commission must also not, by further processing, have affected the
flammability of the fabric, related material or product covered by the
guaranty that was received.) Under Sec. 1610.37, a person, to issue a
guaranty, should first evaluate the type of fabric to determine if it
meets testing exemptions in accordance with Sec. 1610.1(d). (Some
textiles never exhibit unusual burning characteristics and need not be
tested.) Sec. 1610.1(d). Such textiles include plain surface fabrics,
regardless of fiber content, weighing 2.6 oz. or more per sq. yd., and
plain and raised surface fabrics made of acrylic, modacrylic, nylon,
olefin, polyester, wool, or any combination of these fibers, regardless
of weight.) If no exemptions apply, the person issuing the guaranty
must devise and implement a program of reasonable and representative
tests to support the guaranty. The number of tests and frequency of
testing is left to the discretion of that person, but at least one test
is required.
(5) In determining whether a firm has committed a ``knowing''
violation of a flammability standard that warrants imposition of a
civil penalty, the CPSC considers whether the firm had actual knowledge
that its products violated the flammability requirements. The CPSC also
considers whether the firm should be presumed to have the knowledge
that would be possessed by a reasonable person acting in the
circumstances, including knowledge that would have been obtainable upon
the exercise of due care to ascertain the truth of representations. 15
U.S.C. 1194(e). The existence of results of flammability testing based
on a reasonable and representative program and, in the case of tests
performed by another entity (such as a guarantor), the steps, if any,
that the firm took to verify the existence and reliability of such
tests, bear directly on whether the firm acted reasonably in the
circumstances.
(b) Applicability. (1) When tested for flammability, a small number
of textile products exhibit variability in the test results; that is,
even though they may exhibit Class 1 or Class 2 burning characteristics
in one test, a third test may result in a Class 3 failure. Violative
products that the Commission has discovered between 1994 and 1998
include sheer 100% rayon skirts and scarves; sheer 100% silk scarves;
100% rayon chenille sweaters; rayon/nylon chenille and long hair
sweaters; polyester/cotton and 100% cotton fleece/sherpa garments, and
100% cotton terry cloth robes. Between August 1994 and August 1998,
there have been 21 recalls of such dangerously flammable clothing, and
six retailers have paid civil penalties to settle Commission staff
allegations that they knowingly sold garments that violated the general
wearing apparel standard.
(2) The violations and resulting recalls and civil penalties
demonstrate the critical necessity for manufacturers, distributors,
importers, and retailers to evaluate, prior to sale, the flammability
of garments made from the materials described above, or to seek
appropriate guaranties that assure that the garments comply. Because of
the likelihood of variable flammability in the small group of textiles
identified above, one test is insufficient to assure reasonably that
these products comply with the flammability standards. Rather, a person
seeking to evaluate garments made of such materials should assure that
the program tests a sufficient number of samples to provide adequate
assurance that such textile products comply with the general wearing
apparel standard. The number of samples to be tested, and the
corresponding degree of confidence that products tested will comply,
are to be specified by the individual designing the test program.
However, in assessing the reasonableness of a test program, the
Commission staff will specifically consider the degree of confidence
that the program provides.
(c) Suggestions. The following are some suggestions to assist in
complying with the Standard:
(1) Purchase fabrics or garments that meet testing exemptions
listed in Sec. 1610.1(d). (If buyers or other personnel do not have
skills to determine if the fabric is exempted, hire a textile
consultant or a test lab for an evaluation.)
(2) For fabrics that are not exempt, conduct reasonable and
representative testing before cutting and sewing, using standard
operating characteristic curves for acceptance sampling to determine a
sufficient number of tests.
(3) Purchase fabrics or garments that have been guarantied and/or
tested by the supplier using a reasonable and representative test
program that uses standard operating characteristic curves for
acceptance sampling to determine a sufficient number of tests. Firms
should also receive and maintain a copy of the guaranty.
(4) Periodically verify that your suppliers are actually conducting
appropriate testing.
BILLING CODE 6355-01-P
[[Page 8861]]
Figure 1 to Part 1610--Sketch of Flammability Apparatus
[GRAPHIC] [TIFF OMITTED] TP27FE07.000
[[Page 8862]]
Figure 2 to Part 1610--Flammability Apparatus Views
[GRAPHIC] [TIFF OMITTED] TP27FE07.001
[[Page 8863]]
Figure 3 to Part 1610--Specimen Holder Supported in Specimen Rack
[GRAPHIC] [TIFF OMITTED] TP27FE07.002
[[Page 8864]]
Figure 4 to Part 1610--Igniter
[GRAPHIC] [TIFF OMITTED] TP27FE07.003
[[Page 8865]]
Figure 5 to Part 1610--Brushing Device
[GRAPHIC] [TIFF OMITTED] TP27FE07.004
[[Page 8866]]
Figure 6 to Part 1610--Brush
[GRAPHIC] [TIFF OMITTED] TP27FE07.005
[[Page 8867]]
Figure 7 to Part 1610--Template
[GRAPHIC] [TIFF OMITTED] TP27FE07.006
BILLING CODE 6355-01-C
[[Page 8868]]
Dated: February 13, 2007.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
Note: The following appendix will not appear in the Code of
Federal Regulations.
Appendix--List of Relevant Documents
(The following documents are available from the Commission's
Office of the Secretary, Consumer Product Safety Commission, Room
502, 4330 East West Highway, Bethesda, Maryland 20814-4408;
telephone (301) 504-7923 or from the Commission's Web site (http://www.cpsc.gov/library/foia/foia.html
)).
1. Briefing memorandum from Jacqueline Elder, Assistant
Executive Director, EXHR and Patricia K. Adair, Project Manager,
Directorate for Engineering Sciences, to the Commission, ``Draft
Notice of Proposed Rulemaking to Amend the Standard for the
Flammability of Clothing Textiles, 16 CFR part 1610,'' January 10,
2007.
2. Memorandum from David Miller, EPHA, Directorate for
Epidemiology, to Patricia K. Adair, Project Manager, ``General
Wearing Apparel Fires,'' November 7, 2006.
3. Memorandum from Terrance R. Karels, Directorate for Economic
Analysis, to Patricia K. Adair, Project Manager, ``Amendment to the
Clothing Textiles Standard,'' November 21, 2006.
4. Memorandum from Gail Stafford and Weiying Tao, Directorate
for Laboratory Sciences, to Patricia K. Adair, Project Manager,
``Response to Comments Received as a Result of the Advance Notice of
Proposed Rulemaking (ANPR) for Updating the Standard for the
Flammability of Clothing Textiles,'' November 21, 2006.
5. Memorandum from Marilyn Borsari, Office of Compliance and
Field Operations, to Patricia K. Adair, Project Manager, ``ANPR to
Amend the Standard for the Flammability of Clothing Textiles, 16 CFR
part 1610, November 22, 2006.
6. Memorandum from Patricia K. Adair, ESFS to the File, July 28,
2006.
7. Memorandum from Cassandra Prioleau, Ph.D., Directorate for
Health Sciences, to Patricia K. Adair, Project Manager, ``Toxicity
Review of Perchloroethylene,'' July 6, 2006.
[FR Doc. 07-779 Filed 2-26-07; 8:45 am]
BILLING CODE 6355-01-P