[Federal Register Volume 88, Number 205 (Wednesday, October 25, 2023)]
[Rules and Regulations]
[Pages 73221-73233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23388]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1610

[Docket No. CPSC-2019-0008]


Standard for the Flammability of Clothing Textiles

AGENCY: Consumer Product Safety Commission.

ACTION: Final rule.

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SUMMARY: The U.S. Consumer Product Safety Commission (Commission or 
CPSC) is amending the Standard for the Flammability of Clothing 
Textiles. The revisions clarify existing provisions, expand permissible 
equipment and materials for testing, and update equipment requirements 
that are outdated. The Commission issues this amendment under the 
authority of the Flammable Fabrics Act.

DATES: This rule is effective on April 22, 2024. The incorporation by 
reference of the publication listed in this rule is approved by the 
Director of the Federal Register as of April 22, 2024.

FOR FURTHER INFORMATION CONTACT: Will Cusey, Small Business Ombudsman, 
U.S. Consumer Product Safety Commission, 4330 East-West Highway, 
Bethesda, MD 20814; telephone (301) 504-7945 or (888) 531-9070; email: 
<a href="/cdn-cgi/l/email-protection#a0d3c2cfe0c3d0d3c38ec7cfd6"><span class="__cf_email__" data-cfemail="a9dacbc6e9cad9daca87cec6df">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    On September 14, 2022, the Commission published a notice of 
proposed rulemaking (NPR), proposing to amend the Standard for the 
Flammability of Clothing Textiles at 16 CFR part 1610 (Standard). 87 FR 
56289. The Standard was codified under the Flammable Fabrics Act (FFA; 
15 U.S.C. 1191-1204). The purpose of the FFA is to prohibit the 
importation, manufacture for sale, or sale in commerce of any fabric or 
article of wearing apparel that is ``so highly flammable as to be 
dangerous when worn by individuals.'' Public Law 83-88, 67 Stat. 111 
(June 30, 1953). The Standard accomplishes this by providing a national 
standard for testing and rating the flammability of textiles and 
textile products used for clothing. The Standard specifies test 
equipment, materials, and procedures for testing the flammability of 
clothing textiles and prohibits the use of highly flammable textiles in 
clothing.
    The amendments proposed in the NPR and adopted in this final rule 
\1\ aim to clarify existing provisions in the Standard and update the 
specifications for materials and equipment that have become outdated. 
The amendments do not alter the testing or criteria in the Standard for 
determining the flammability of a fabric or whether it is permissible 
for use in clothing; rather, they facilitate accurate testing and 
classifications by clarifying existing requirements and updating 
material and equipment specifications to reflect currently available 
materials, equipment, and technologies.
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    \1\ The Commission voted 4-0 to approve this rule.
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    The amendments proposed in the NPR and adopted in this final rule 
address three areas of the Standard. First, they aim to clarify and 
streamline the provisions regarding test result codes (i.e., burn 
codes), which help determine the classification of a textile and 
whether it may be used for clothing. The amendments remove an 
unnecessary code and revise wording in the provisions to clarify the 
existing requirements. Second, the amendments revise the stop thread 
specification, which indicates the thread that must be used in 
flammability testing. The description has become unclear, as threads 
matching the description in the Standard are no longer readily 
available. Third, amendments revise the refurbishing requirements in 
the Standard, which address dry cleaning and laundering specimens 
during the testing process. In recent years, there have been increasing 
restrictions on the use of the dry cleaning solvent specified in the 
Standard, and washing machines that meet the specifications required in 
the Standard are no longer made.
    The NPR and CPSC staff's briefing package supporting it included 
detailed information about the need for the amendments, the rationale 
for the revisions, and test results illustrating the comparability of 
the flammability classifications under the existing Standard and 
amendments. The NPR also included detailed information about 16 CFR 
1610.40 of the Standard, which permits the use of alternative 
apparatus, procedures, or criteria for tests for guaranty purposes. 
This allowance permits the continued use of the dry cleaning solvent 
and laundering methods in the current Standard by relying on CPSC's 
test results demonstrating the comparability of test results under the 
current Standard and the amendments.
    This final rule adopts the amendments proposed in the NPR, with 
only minor modifications. Therefore, this notice focuses on comments 
received in response to the NPR and the minor modifications in the 
final rule. For detailed information about the amendments, the 
rationale for them, the

[[Page 73222]]

comparability of flammability test results under the amendments, and 
the allowance in 16 CFR 1610.40, see the NPR and the briefing package 
supporting it.\2\
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    \2\ The NPR is available at 87 FR 56289 (Sep. 14, 2022). The 
briefing package supporting the NPR is available at: https://
www.federalregister.gov/documents/2022/09/14/2022-19505/standard-
for-the-flammability-of-clothing-textiles-notice-of-proposed-
rulemaking#:~:text=The%20purpose%20of%20the%20Standard%20is%20to%20re
duce,procedures%20for%20testing%20the%20flammability%20of%20clothing%
20textiles.
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II. Statutory Requirements for Revising the Standard

    The FFA specifies the requirements for the Commission to issue or 
amend a flammability standard. To issue a final rule, the Commission 
must make certain findings and publish a final regulatory analysis. 15 
U.S.C. 1193(b), (j)(1), (j)(2). The Commission must find that each 
regulation or amendment:
    <bullet> is needed to adequately protect the public from 
unreasonable risk of the occurrence of fire leading to death, injury, 
or significant property damage;
    <bullet> is reasonable, technologically practicable, and 
appropriate;
    <bullet> is limited to fabrics, related materials, or products that 
present such unreasonable risks; and
    <bullet> is stated in objective terms.
    Id. 1193(b). In addition, to promulgate a regulation, the 
Commission must make the following findings and include them in the 
rule:
    <bullet> if a voluntary standard addressing the risk of injury has 
been adopted and implemented, that either compliance with the voluntary 
standard is not likely to result in the elimination or adequate 
reduction of the risk or injury, or it is unlikely that there will be 
substantial compliance with the voluntary standard;
    <bullet> that the benefits expected from the rule bear a reasonable 
relationship to its costs; and
    <bullet> that the rule imposes the least burdensome requirement 
that prevents or adequately reduces the risk of injury.
    Id. 1193(j)(2).
    When issuing a final rule, the Commission must publish a final 
regulatory analysis with the regulation, which includes:
    <bullet> a description of the potential benefits and costs of the 
rule, including benefits and costs that cannot be quantified, and who 
is likely to receive the benefits and bear the costs;
    <bullet> a description of reasonable alternatives the Commission 
considered, their potential costs and benefits, and the reasons the 
Commission did not choose the alternatives; and
    <bullet> a summary of significant issues raised by commenters in 
response to the preliminary regulatory analysis and the Commission's 
assessment of them.
    Id. 1193(j)(1).

III. The Product and Risk of Injury <SUP>3</SUP>
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    \3\ For detailed information about the risk of injury, see Tab A 
of staff's briefing package supporting this document, available at: 
https://www.cpsc.gov/s3fs-public/Final-Rule-to-Amend-the-Standard-for-the-Flammability-of-Clothing-Textiles-16-CFR-part-1610.pdf?VersionId=387WEbeX45Rw24bthoqIaxkMAExYy5eB.
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    The Standard applies to all items of clothing and fabrics intended 
to be used for clothing (i.e., articles of wearing apparel), whether 
for adults or children, for daywear or nightwear,\4\ with certain 
listed exclusions.\5\
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    \4\ Other regulations governing the flammability of children's 
sleepwear, in 16 CFR parts 1615 and 1616, are more stringent than 
the general wearing apparel flammability standard in 16 CFR part 
1610. The amendments in this document would not affect the 
children's sleepwear standards.
    \5\ Excluded products include certain hats, gloves, footwear, 
interlining fabrics, plain surface fabrics meeting specified 
criteria, and fabrics made from certain fibers that, from years of 
testing, have been shown to consistently yield acceptable results 
when tested in accordance with the Standard. 16 CFR 1610.1(c), (d).
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    Between January 1, 2017, and December 31, 2021 (the most recent 
years for which data are available), there were an average of 85.8 
deaths annually in the United States that involved ignition of 
clothing. An average of 2.6 of these fatalities involved ignition or 
melting of nightwear, and an average of 83.2 of these fatalities 
involved ignition or melting of other clothing. Between 2000 and 2021, 
the number of clothing fire deaths declined, overall. In addition, 
using CPSC's National Electronic Injury Surveillance System (NEISS),\6\ 
staff estimates that between January 1, 2018, and December 31, 2022 
(the most recent year for which data are complete), an average of 5,500 
nonfatal injuries per year were associated with clothing ignition and 
treated in U.S. hospital emergency departments.
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    \6\ NEISS uses a probability sample of hospitals in the United 
States that represent all U.S. hospitals with emergency departments 
to identify and generate national estimates of nonfatal injuries 
treated in emergency departments.
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IV. Comments on the NPR

    In response to the NPR, CPSC received comments from four 
commenters: American Apparel and Footwear Association (AAFA), China 
WTO/TBT National Notification and Inquiry Center (China), a George 
Washington University student (student), and Consumer Safety 
Consultancy (CSC). Commenters generally supported updating the Standard 
and the amendments proposed in the NPR. This section summarizes the 
comments and responds to them; for a more detailed review of the 
comments, see Tab B in CPSC staff's briefing package supporting this 
rule.

A. Test Results Codes

    Background: Table 1 to section 1610.4 of the Standard states, among 
other things, that a raised surface textile fabric is Class 1 if ``burn 
time is 0-7 seconds with no base burns (SFBB).'' In the NPR, the 
Commission proposed to replace the wording ``with no base burns 
(SFBB)'' in this description with ``with no SFBB burn code.'' The 
purpose of the proposed revision was to clarify the existing criteria 
for classifications of raised surface textile fabrics by referencing 
burn code SFBB more clearly, because two similar codes (SFBB poi and 
SFBB poi*) do not meet the criteria stated in the table.
    Comment: CSC expressed confusion with the proposed revision, 
asserting that the description for Class 1 raised surface textile 
fabrics should state, ``Average Burn time is 0-7 seconds with surface 
flash only;'' that Table 1 is the general criteria for classification; 
and that the full discussion of how to classify is in section 1610.7.
    Response: As explained in the NPR, the Class 1 description for 
raised surface textile fabrics in Table 1 indicates that if a fabric 
has a burn time between 0 and 7 seconds, it can only be Class 1 if it 
exhibits rapid surface flash only, and no base burns. Although there 
are three burn codes that indicate that a base burn occurred--SFBB, 
SFBB poi, and SFBB poi*--only SFBB is relevant to this determination 
because it applies when the base burn occurs as a result of the surface 
flash. In contrast, SFBB poi and SFBB poi* only have a base burn due to 
the flame that impinges on the fabric, not from the intensity of the 
surface of the fabric itself burning. As such, only fabrics with burn 
code SFBB, and not SFBB poi and SFBB poi*, are excluded from being 
Class 1. As the definition of ``base burn'' in section 1610.2(a) 
indicates, SFBB poi and SFBB poi* are not considered in determining a 
Class 3 fabric. However, staff is aware that some testers are confused 
by these provisions and incorrectly use SFBB poi and SFBB poi* as 
``base burn'' codes for determining Class 3 fabrics. As such, the 
amendment clarifies the specific burn code--SFBB--being referenced. In 
addition, although CSC is correct that the regulatory text in the 
Standard provides a full discussion of classification, Table 1 to 
section 1610.4 provides a useful summary.
    Background: In the NPR, the Commission proposed to add a note to

[[Page 73223]]

Table 1 to section 1610.4, stating that burn codes SFBB poi and SFBB 
poi* are not considered a base burn for purposes of determining Class 2 
and 3 fabrics. Class 2 and 3 descriptions for raised surface textile 
fabrics in the table specify that fabrics in these classes exhibit base 
burns (SFBB). Only fabrics with a burn code of SFBB, and not SFBB poi 
and SFBB poi*, have a base burn that occurs as a result of the surface 
flash rather than from the point of impingement of the burner. Although 
Table 1 already references burn code SFBB for the Class 2 and 3 
descriptions, the purpose of the added note is to make clear that SFBB 
refers only to that specific code, and not the other two base burn 
codes.
    Comment: In reference to this proposed revision, CSC stated that 
Table 1 is only a summary of the requirements for classification and it 
is confusing to put partial information in the table. CSC asserted that 
the information for evaluating SFBB poi and SFBB poi* for determining 
classifications should be in section 1610.7.
    Response: As noted above, staff is aware that some testers 
incorrectly use SFBB poi and SFBB poi* as ``base burn'' codes, 
resulting in classifying fabrics as Class 3 when they should be 
designated as Class 1. The added note in Table 1 will make clear that 
SFBB poi and SFBB poi* are not used to determine Class 3 fabrics. 
Again, although CSC is correct that the regulatory text in the Standard 
provides a full discussion of classification, Table 1 provides a useful 
summary.
    Background: In the NPR, the Commission proposed to streamline 
section 1610.8, which lists the burn codes and requirements relevant to 
them, by consolidating similar codes. The Commission proposed to 
combine burn codes SF uc, SF pw, and SF poi into a single new burn 
code, SF ntr (no time recorded, does not break stop thread). The three 
existing codes all describe burning behavior that does not have enough 
intensity to break the stop thread and, accordingly, have no burn time 
and all result in a fabric being Class 1. As the NPR explained, the 
rationale for the proposed change was that the purpose of burn codes is 
to determine the classification of fabrics, making it unnecessary to 
have all three of these codes, which do not result in different 
classifications.
    Comment: CSC objected to this proposed change, noting that the 
codes reflect observations about the intensity of burning, which can 
indicate to testers or manufacturers characteristics of the fabric or 
that additional testing may be useful.
    Response: CPSC agrees that the different burn codes can be helpful 
to indicate the flammability of a fabric, whether additional testing 
may be useful, and whether a fabric should be used. Accordingly, the 
Commission is not adopting the amendment proposed in the NPR to 
consolidate the three burn codes into a single code, SF ntr. Instead, 
the Commission is retaining burn codes SF poi, SF pw and SF uc as 
separate codes. However, to streamline the burn codes for raised 
surface textile fabrics, the Commission is revising the order of the 
burn codes for raised surface textile fabrics in section 1610.8(b)(2). 
See the discussion of the final rule amendments, below, for further 
explanation.

B. Stop Thread Specification

    Comment: All four commenters agreed that the stop thread 
description needs to be updated. In support of the proposed amendment, 
AAFA noted that laboratories had reported difficulty in sourcing 
threads and agreed that a range of Tex \7\ sizes was a good option. Two 
commenters (China and CSC) questioned whether additional testing should 
be done to identify an appropriate stop thread, specifically suggesting 
testing with raised surface textile fabrics and Class 3 fabrics (i.e., 
dangerously flammable fabrics), respectively.
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    \7\ The Tex system is commonly used to define thread size. 
``Tex'' is defined as the weight, in grams, of 1,000 meters of yarn 
and is determined by measuring and weighing cotton threads and 
calculating linear density.
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    Response: As explained in the NPR, staff conducted testing to 
identify a thread specification that would yield comparable 
flammability results to the thread currently specified in the Standard, 
while providing greater clarity about the thread required and using a 
description that is readily available on the market. Staff did not use 
raised surface textile fabrics or Class 3 fabrics in the thread 
comparison study. The objective of the study was to examine the effect 
of different stop threads on the burn times under the Standard, so 
staff aimed to keep as many parameters constant as possible to observe 
burn time changes that resulted from changing only the stop thread. 
Staff used plain surface textile fabric, rather than raised surface 
textile fabric, because it typically has less variation in burn 
behavior between specimens. Staff did not use Class 3 fabric because it 
would be more difficult to observe the effect of the thread type on 
burn times if the burn times were all clustered close to 0 seconds.

C. Refurbishing Specifications

    AAFA, China, and the student commenter all expressed support for 
updating the refurbishing procedures; CSC did not offer comments on 
this topic.

V. Final Rule Amendments

    As noted above, the final rule adopts the amendments proposed in 
the NPR with only minor modifications. For a detailed explanation of 
the amendments, the rationale for them, and the testing and information 
supporting them, see the NPR and briefing package supporting it. This 
section describes the modifications to the amendments proposed in the 
NPR that the Commission is adopting in this final rule.

A. Test Results Codes

    Currently, section 1610.8(b)(2) of the Standard provides eight 
possible burn codes for raised surface textile fabrics, which help 
determine the classification of a fabric. In the NPR, the Commission 
proposed to update the list of burn codes for raised surface textile 
fabrics to consolidate redundant codes, eliminate unnecessary and 
unclear codes, and improve clarity. One such revision proposed to 
combine three burn codes--SF uc, SF pw, and SF poi--into a single new 
burn code, SF ntr (no time recorded, does not break stop thread). The 
rationale was that these three codes all describe burning behavior that 
does not have enough intensity to break the stop thread and, 
accordingly, have no burn time and all result in a fabric being Class 
1. Consolidating the three codes would result in the same 
classifications, but would streamline the regulation.
    However, as noted above, CSC pointed out that these three codes can 
be useful because they indicate different burn behaviors, which can 
provide information about the characteristics or flammability of the 
fabric or result in testers or manufacturers opting to conduct further 
testing. As such, it is helpful to retain the three separate codes, as 
currently written in the regulations. Accordingly, the Commission is 
retaining the three separate codes. However, to accomplish the 
objective of streamlining the burn code list to make them easier to 
follow, the Commission is revising the order of the burn codes in 
section 1610.8(b)(2), as follows: \8\ SFBB; SFBB poi; SFBB poi*; SF 
only; SF poi; SF uc; SF pw.
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    \8\ Note that, as proposed in the NPR, the burn code ``_._sec.'' 
is being removed from the list of burn codes for raised surface 
textile fabrics.
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    This order puts the codes used for identifying more flammable and

[[Page 73224]]

dangerous fabrics (i.e., Class 2 and 3) at the top of the list. Burn 
code SFBB is first in the list because this code, along with burn time, 
identifies the most flammable and hazardous fabrics--Class 2 and 3. The 
next codes--SFBB poi and SFBB poi*--also involve the flame burning 
through the base of the specimen, but are not considered base burns. 
The next code, SF only, is the next most hazardous because it involves 
the flame traveling the length of the specimen, although the flame does 
not burn through the base. The remaining codes--SF poi, SF uc, and SF 
pw--describe burning behavior that poses the least risk, as these all 
indicate Class 1 fabrics that do not have a burn time and merely 
describe burn behavior. This revision accomplishes the streamlining of 
burn codes proposed in the NPR, by allowing testers to identify the 
most hazardous fabrics first and, thereby, potentially eliminates the 
need for further testing. However, this revision does not substantively 
alter the burn codes or their criteria and the resulting 
classifications.

B. Stop Thread Specification

    In the NPR, the Commission proposed to amend the description of 
stop thread in section 1610.2(p) and section 1610.5(a)(2)(ii) of the 
Standard to state that it consists of a spool of ``3-ply, white, 
mercerized, 100% cotton sewing thread, with a Tex size of 35 to 45 
Tex.'' In this final rule, the Commission adopts that proposed 
amendment, but revises ``Tex size of 35 to 45 Tex'' to state, ``a Tex 
size of 40 <plus-minus>5.'' This is substantively the same as the NPR 
and provides the same Tex range as proposed in the NPR, but stating the 
range with an absolute value is more consistent with other ranges 
stated in the Standard and, therefore, provides greater clarity and 
consistency.

C. Refurbishing Specifications

    The amendments to the refurbishing specifications proposed in the 
NPR are adopted in this final rule, without revisions.

VI. Section 1610.40--Use of Alternate Apparatus, Procedures, or 
Criteria for Tests for Guaranty Purposes

    As explained in the NPR, section 1610.40 of the Standard permits 
the use of alternative apparatus, procedures, or criteria for tests for 
guaranty purposes. The FFA states that no person will be subject to 
prosecution for failing to comply with flammability requirements if 
that person has a guaranty, meeting specific requirements, that 
indicates that reasonable and representative tests confirmed compliance 
with flammability requirements issued under the statute. 15 U.S.C. 
1197. For purposes of supporting guaranties, section 1610.40(c) of the 
Standard states that ``reasonable and representative tests'' could be 
either the flammability tests required in the Standard or ``alternate 
tests which utilize apparatus or procedures other than those'' in the 
Standard. The Standard specifies that for persons or firms issuing 
guaranties to use an alternative apparatus or procedure, the 
alternative must be ``as stringent as, or more stringent than'' the 
test in the Standard, which the Commission will consider met ``if, when 
testing identical specimens, the alternative test yields failing 
results as often as, or more often than,'' the test in the Standard.
    Section 1610.40 sets out conditions for using this allowance. A 
person or firm using the allowance ``must have data or information to 
demonstrate that the alternative test is as stringent as, or more 
stringent than,'' the test in the Standard, and retain that information 
while using the alternative and for one year after. 16 CFR 
1610.40(d)(1), (2), (3), and (f). Section 1610.40 specifies that the 
Commission will test fabrics in accordance with the Standard and will 
consider any failing results evidence of non-compliance and a false 
guaranty. Id. 1610.40(e), (g).
    As proposed in the NPR, this final rule updates the washing machine 
specifications in the Standard. However, as explained in the NPR, for 
purposes of 16 CFR 1610.40, the Commission also concludes that the 
testing CPSC staff conducted that is discussed in the NPR and in full 
detail in Tabs D and E of the briefing package supporting the NPR \9\ 
constitutes information demonstrating that the washing procedure 
specified in the current Standard, as stated below, is as stringent as 
the washing procedure in AATCC LP1-2021, Laboratory Procedure for Home 
Laundering: Machine Washing, 2021 (AATCC LP1-2021) that is required in 
this amendment. The washing procedure in the current Standard is:
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    \9\ The NPR is available at 87 FR 56289 (Sep. 14, 2022). The 
briefing package supporting the NPR is available at: https://
www.federalregister.gov/documents/2022/09/14/2022-19505/standard-
for-the-flammability-of-clothing-textiles-notice-of-proposed-
rulemaking#:~:text=The%20purpose%20of%20the%20Standard%20is%20to%20re
duce,procedures%20for%20testing%20the%20flammability%20of%20clothing%
20textiles.
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    <bullet> in compliance with sections 8.2.2, 8.2.3 and 8.3.1(A) of 
AATCC Test Method 124-2006, Appearance of Fabrics after Repeated Home 
Laundering (AATCC TM124-2006),
    <bullet> using AATCC 1993 Standard Reference Detergent, powder,
    <bullet> with wash water temperature (IV) (120[deg] <plus-minus>5 
[deg]F; 49[deg] <plus-minus>3 [deg]C) specified in Table II of AATCC 
TM124-2006,
    <bullet> using water level, agitation speed, washing time, spin 
speed and final spin cycle for ``Normal/Cotton Sturdy'' in Table III of 
AATCC TM124-2006, and
    <bullet> with a maximum wash load of 8 pounds (3.63 kg) and 
consisting of any combination of test samples and dummy pieces.
    If firms rely on this information and conform to the other 
requirements in section 1610.40, this will provide an option for them 
to continue to use washing machines that comply with the provisions in 
AATCC TM124-2006 in the current Standard.
    Likewise, this final rule updates the drying machine specifications 
in the Standard. However, as with the washing machine specification, 
for purposes of 16 CFR 1610.40 the Commission concludes that the 
testing CPSC staff conducted that is provided in the NPR and in full 
detail in Tabs D and E of the briefing package supporting the NPR \10\ 
constitutes information demonstrating that the drying procedure 
specified in the current Standard, as stated below, is as stringent as 
the drying procedure in AATCC LP1-2021 that is required in this 
amendment. The drying procedure in the current Standard is:
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    \10\ The NPR is available at 87 FR 56289 (Sep. 14, 2022). The 
briefing package supporting the NPR is available at: https://
www.federalregister.gov/documents/2022/09/14/2022-19505/standard-
for-the-flammability-of-clothing-textiles-notice-of-proposed-
rulemaking#:~:text=The%20purpose%20of%20the%20Standard%20is%20to%20re
duce,procedures%20for%20testing%20the%20flammability%20of%20clothing%
20textiles.
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    <bullet> in compliance with section 8.3.1(A), Tumble Dry, of AATCC 
TM124-2006,
    <bullet> using the exhaust temperature (150[deg] <plus-minus>10 
[deg]F; 66[deg] <plus-minus>5 [deg]C) specified in Table IV, ``Durable 
Press,'' of AATCC TM124-2006, and
    <bullet> with a cool down time of 10 minutes specified Table IV, 
``Durable Press,'' of AATCC TM124-2006.
    If firms rely on this information and conform to the other 
requirements in section 1610.40, this will provide an option for them 
to continue to use dryers that comply with the provisions in AATCC 
TM124-2006 in the current Standard.

VII. Relevant Existing Standards

    CPSC staff reviewed and assessed several voluntary and 
international standards that are relevant to clothing flammability:
    <bullet> AATCC TM124;

[[Page 73225]]

    <bullet> AATCC LP1-2021;
    <bullet> ASTM D1230-22, Standard Test Method for Flammability of 
Apparel Textiles; and
    <bullet> Canadian General Standards Board Standard CAN/CGSB-4.2 No. 
27.5, Textile Test Method Flame Resistance--45[deg] Angle Test--One-
Second Flame Impingement.
    As explained in the NPR, AATCC TM124-2006 is currently incorporated 
by reference into the Standard as part of the laundering requirements, 
but washing machines that meet this specification are no longer 
available on the market. The current version, AATCC TM124-2018, 
includes washing and drying specifications that are the same as AATCC 
LP1-2021. However, AATCC TM124 is not a flammability standard; rather, 
it is intended to evaluate the smoothness appearance of fabrics after 
repeated home laundering. As such, it contains provisions that are not 
relevant to flammability testing and lacks provisions that are 
necessary for flammability testing.
    Similarly, the Commission is incorporating by reference portions of 
AATCC LP1-2021, but this standard also does not include full 
flammability testing and classification requirements because it is 
intended as a stand-alone laundering protocol, for use with other test 
methods. As such, it also contains provisions that are not relevant to 
flammability testing and lacks provisions that are necessary for 
flammability testing.
    ASTM D1230 is similar to the Standard but contains similar issues 
to those this rule aims to address (e.g., same unclear stop thread 
description as the Standard), and it contains different laundering 
specifications, terminology, and burn codes. As such, the Commission is 
not adopting provisions from ASTM D1230 because it would not provide 
the needed clarity that the amendments in this notice provide and would 
unnecessarily alter provisions in the Standard.
    The Canadian standard also is similar to the Standard, but includes 
several differences from longstanding provisions in the Standard, such 
as stop thread specifications. Accordingly, adopting provisions from 
the Canadian standard would unnecessarily alter the Standard when the 
purpose of the amendments in this rule is to minimize changes to 
flammability test results while improving the clarity and usability of 
the Standard.

VIII. Final Regulatory Analysis

    The Commission is issuing this amendment under the FFA, which 
requires that a final rule include a final regulatory analysis. 15 
U.S.C. 1193(j). The following discussion is based on staff's final 
regulatory analysis, available in Tab C of the final rule briefing 
package.\11\
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    \11\ Staff's briefing package supporting this document is 
available at: https://www.cpsc.gov/s3fs-public/Final-Rule-to-Amend-the-Standard-for-the-Flammability-of-Clothing-Textiles-16-CFR-part-1610.pdf?VersionId=387WEbeX45Rw24bthoqIaxkMAExYy5eB.
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A. Description of Potential Costs and Benefits of the Amended Rule

    The final regulatory analysis must include a description of the 
potential benefits and costs of the rule, including unquantifiable 
benefits and costs.
1. Potential Benefits
    The primary benefit of the amendments is a reduction of burdens for 
testing laboratories by clarifying existing requirements and updating 
the specifications for stop thread, dry cleaning, and laundering to 
include options that are identifiable, permissible for use, and 
currently available. In addition, the amendments should improve 
consumer safety because the amendments provide comparable flammability 
results to the current Standard but would improve testing laboratories' 
abilities to conduct testing and obtain consistent and reliable 
results. This should improve consumer safety by ensuring that textiles 
intended for use in clothing are properly tested and classified so that 
dangerously flammable textiles are not used in clothing. Staff is 
unable to quantify these potential benefits but estimates that these 
benefits are likely to be small.
    Burn Codes. The amendments to burn codes clarify and streamline 
these provisions of the Standard, which staff expects will improve the 
consistency and reliability of flammability testing results and 
classifications. More consistent and reliable test results, in turn, 
may provide some safety benefit to consumers, while reducing testing 
burdens for testing laboratories. Because these amendments are intended 
to clarify existing provisions and do not change current requirements 
for testing or classification, staff expects that they will provide a 
small amount of unquantifiable benefits.
    Stop Thread. The amendments to the stop thread specification in the 
Standard clarify the type of thread required by using the Tex system, 
which is commonly used and understood by the industry, to define the 
thread size. The amendments also expand the range of threads 
permissible for use under the Standard by providing a range of 
permissible Tex sizes, rather than specifying a single thread 
specification, as the current Standard does. As such, the amendments 
clarify the requirements, which may have consumer safety benefits by 
yielding more consistent and reliable test results so that the 
flammability of fabrics are accurately identified. However, these 
benefits are expected to be small since the amendments provide 
comparable test results and classifications to the current Standard. 
The amendments also may ease burdens on testing laboratories, by making 
it easier to identify compliant thread and by making more threads 
permissible for use. Therefore, staff expects that these amendments 
will provide a small amount of unquantifiable benefits.
    Dry Cleaning Specification. The amendments to the dry cleaning 
specification continue to allow use of perchloroethylene solvent, but 
add an additional specification, as an alternative, to accommodate 
testing laboratories that are unable to use the solvent currently 
specified in the Standard. The alternative specification, using 
hydrocarbon solvent, provides comparable flammability results to the 
perchloroethylene solvent specified in the Standard. CPSC staff 
assesses that the hydrocarbon solvent is comparable (or lower) in cost 
than other alternatives. Therefore, staff expects the amendments to 
reduce burdens on testing laboratories by providing an additional 
alternative for laboratories that are subject to restrictions on the 
use of perchloroethylene.
    Laundering Specification. The amendments to the washing 
specifications provide a specification that can be met by machines that 
are currently on the market. Staff expects that this will reduce 
burdens on testing laboratories because it will eliminate the need to 
maintain and repair older machines and allow those testing laboratories 
that can no longer maintain or obtain washing machines that comply with 
the current Standard to continue to test to the Standard. Staff expects 
the amendments to the drying specifications will provide benefits as 
well. By requiring the use of the same standard for both washing and 
drying, these amendments streamline the requirements for testing 
laboratories, making it less cumbersome and less costly than obtaining 
and following two standards. Moreover, AATCC LP1-2021 is already 
familiar to many testing laboratories since it is used for other 
standards as well; as such, using this standard should be clear and low 
cost. In addition, requiring the use of a single standard (rather than 
referencing two standards) that is widely familiar to

[[Page 73226]]

industry members should reduce the risk of confusion or testing errors, 
which may have some safety benefits for consumers by yielding 
consistent and reliable test results and classifications.
2. Potential Costs
    Burn Codes. The amendments regarding burn codes clarify and 
streamline existing requirements, and do not change any testing, 
flammability results, or classification criteria. As such, staff does 
not expect these amendments to have any notable costs.
    Stop Thread. The amendments regarding the stop thread specification 
clarify and expand the range of permissible threads. They do not change 
any testing, flammability results, or classification criteria. As 
staff's testing indicates, thread that meets the current specification 
in the Standard would comply with the amendments, and the amendments 
would allow for the use of a wider range of threads than the current 
Standard. This will allow testing laboratories to continue to use their 
existing thread or more easily obtain compliant thread by providing a 
wider range of options. Therefore, staff does not expect these 
amendments to have any notable costs.
    Dry Cleaning Specification. The amendments to the dry cleaning 
specification allow for the continued use of perchloroethylene solvent, 
but also provide an additional alternative specification using 
hydrocarbon solvent. The amendments do not change any testing 
requirements or criteria and, as staff's testing demonstrates, the 
hydrocarbon alternative provides comparable flammability results and 
classifications to the perchloroethylene specification. As such, 
testing laboratories could continue to use the existing specification, 
but will also have an additional option for complying with the 
Standard. Therefore, staff does not expect these amendments to have any 
notable costs.
    Laundering Specification. The amendments regarding the washing 
specification will require different washing machines than those that 
currently comply with the Standard, because those machines are no 
longer available on the market. However, firms have the option to 
continue using machines that comply with the current Standard under 16 
CFR 1610.40, thereby avoiding the need to obtain new washing machines. 
As explained in the NPR and in this notice, the Commission concludes 
that, for purposes of 16 CFR 1610.40, the testing CPSC staff conducted 
that was provided in the NPR and in full detail in Tabs D and E of the 
briefing package supporting the NPR constitutes information 
demonstrating that the washing procedure specified in the current 
Standard is as stringent as the washing procedure in AATCC LP1-2021 
that is adopted in this notice. Therefore, if firms rely on this 
information and conform to the other requirements in section 1610.40, 
this will provide an option for them to continue to use washing 
machines that comply with the provisions in AATCC TM124-2006 in the 
current Standard. This alternative would impose no costs, as testing 
laboratories could continue to use their existing compliant machines.
    Although staff does not expect the amendments to the washing 
specifications to impose any costs, staff examined potential costs 
associated with obtaining machines that comply with the amendments to 
assess the costs to firms that choose to do so, rather than continuing 
to use existing machines in accordance with the allowance in 16 CFR 
1610.40. The primary cost to firms that choose to obtain new machines 
would be the cost of new washing machines that comply with AATCC LP1-
2021. Staff estimates that these machines cost an average of $4,300. 
However, this cost would be offset by the reduced costs of no longer 
needing to repair or maintain existing, outdated machines. Staff 
estimates that the cost of maintaining and repairing the outdated 
machines is $300 annually and assumes that if a laboratory chooses to 
upgrade machines, it expects to receive benefits from the upgrade that 
outweigh the acquisition costs. Firms that choose to obtain new 
machines might also incur the cost of buying a copy of AATCC LP1-2021, 
which is approximately $50 for AATCC members and $70 for non-members. 
Staff does not consider this a significant cost and firms will not 
incur this cost if they already have AATCC LP1-2021 to comply with 
other standards. Moreover, a read-only copy of AATCC LP1-2021 will be 
available for viewing on the AATCC website when this rule takes effect.
    Staff was unable to determine the number of testing laboratories 
that test to the Standard and that would, therefore, by subject to the 
amendments. At a minimum, currently there are more than 300 testing 
laboratories that are CPSC-accepted third party laboratories that test 
to the Standard for purposes of children's product certifications. 
However, that is an underestimate of the number of firms impacted by 
the rule because testing laboratories need not be CPSC-accepted third 
party laboratories to test to the Standard for non-children's products. 
At a maximum, there are a total of 7,389 testing laboratories in the 
United States, according to the Census Bureau. However, this is an 
overestimate of the number of firms in the United States impacted by 
the rule because this number includes testing laboratories that do not 
test to the Standard. Staff estimates that each testing laboratory that 
tests to the Standard has three washing machines that do not meet AATCC 
LP1-2021.
    The amendments regarding the drying specification are unlikely to 
require different dryers than those that currently comply with the 
Standard because most dryers can comply with both specifications. 
However, to the extent that dryers that meet the current Standard do 
not meet the amendments, firms would again have the option to continue 
to use their existing compliant dryers in accordance with 16 CFR 
1610.40. Therefore, this alternative would eliminate any potential 
costs associated with the amendments. Moreover, because most dryers 
comply with both the current Standard and AATCC LP1-2021, staff does 
not expect that most firms will need to replace their dryers even if 
they chose to comply with AATCC LP1-2021, instead of using 16 CFR 
1610.40 to continue to comply with AATCC TM124-2006.

B. Alternatives to the Rule

    A final regulatory analysis must describe reasonable alternatives 
to the rule, their potential costs and benefits, and a brief 
explanation of the reasons the alternatives were not chosen. 15 U.S.C. 
1193(j). CPSC considered several alternatives to the rule.
    Burn Codes. CPSC considered retaining the current burn code 
provisions in the Standard, rather than updating them. This alternative 
would not create any costs, but also would not provide any benefits. In 
comparison, the amendments do not create any costs, but have benefits 
by providing needed clarifications.
    Stop Thread Specification. CPSC considered updating the stop thread 
specification to require the use of a stop thread with the specific Tex 
size of the thread currently required in the Standard. This would not 
create any costs since thread that meets the current Standard would 
meet this alternative. However, this alternative would be more 
restrictive than the final rule by providing fewer options of stop 
threads. Because staff determined that the range of Tex sizes in the 
rule would provide comparable flammability results to the Standard, 
while providing a broader range of options, CPSC did not select this 
alternative.
    Another alternative CPSC considered is to allow a wider range of 
Tex sizes, such as the full range staff assessed

[[Page 73227]]

during flammability testing and found to yield comparable flammability 
results to the Standard. This would further reduce burdens on testing 
laboratories by providing even more options. However, staff concluded 
that it is more appropriate to limit the range of Tex sizes to those of 
cotton threads that yielded comparable flammability results to the 
Standard because some polyester threads are designed to be flame 
resistant.
    Dry Cleaning Specification. In addition to the hydrocarbon 
alternative adopted in this amendment, CPSC considered two additional 
dry cleaning specifications--silicone and butylal. As staff's testing 
indicates, both of these alternatives also yield comparable 
flammability results to the current Standard and, therefore, are likely 
to offer similar benefits to the hydrocarbon specification. Staff 
identified estimated costs of the four dry cleaning solvent 
specifications using comparisons provided by the Toxic Use Reduction 
Institute (TURI). These comparisons estimate that dry cleaning with 
perchloroethylene involves equipment costs between $40,000 and $65,000 
and solvent costs of $17 per gallon; dry cleaning with hydrocarbon 
involves equipment costs between $38,000 and $75,000 and solvent costs 
of $14 to $17 per gallon; dry cleaning with silicone involves equipment 
costs between $30,500 and $55,000 and solvent costs of $22 to $28 per 
gallon; and dry cleaning with butylal involves equipment costs between 
$50,000 and $100,000 and solvent costs of $28 to $34 per gallon. CPSC 
selected hydrocarbon rather than the silicone or butylal alternatives 
because butylal yielded classifications consistent with the current 
Standard slightly less often during comparison testing; hydrocarbon is 
the most commonly used alternative to perchloroethylene; hydrocarbon 
has a long history of use; and several companies manufacture 
hydrocarbon solvents for dry cleaning, whereas silicone and butylal are 
newer technologies and patented, making their availability more 
limited.
    CPSC also considered requiring the use of only the hydrocarbon 
specification, rather than continuing to allow the use of the 
perchloroethylene specification in the current Standard. However, this 
alternative could increase costs by requiring all testing laboratories 
to change their dry cleaning specifications. CPSC did not select this 
option because, although perchloroethylene is being restricted in some 
locations, it is still available and widely used in the dry cleaning 
industry.
    Laundering Specification. In addition to the AATCC LP1-2021 
alternative adopted in this amendment, CPSC considered an alternative 
of continuing to require compliance with the laundering specification 
in AATCC TM124-2006, but with a reduced agitation speed. As staff's 
testing indicates, this alternative yields flammability results 
comparable to the current Standard and, therefore, would likely offer 
similar benefits to the AATCC LP1-2021 specification adopted. However, 
this alternative may have higher costs than the amendment because 
laboratory-grade washing machines are not sold pre-programmed to the 
reduced agitation speed settings, but they are sold pre-programmed with 
the AATCC LP1-2021 settings. Consequently, additional time and skilled 
labor resources would be necessary to program machines to meet the 
reduced agitation speed alternative, and there would be the potential 
for testing errors. CPSC did not select this option because testing 
laboratories are likely to already have and be familiar with AATCC LP1-
2021 and have machines that comply with it since it is required for 
other standards and there are more washing machines on the market that 
meet the specifications in LP1-2021 than the reduced agitation speed 
parameters.
    CPSC also considered amending the Standard to allow the use of 
either the AATCC LP1-2021 specifications or the AATCC TM124-2006 
specifications. Similarly, CPSC considered amending the Standard to 
include the specifications in AATCC LP1-2021, while allowing for the 
continued use of AATCC TM124-2006 for a limited phase-out period. These 
alternatives would have minimal, if any, costs because they would allow 
testing laboratories to continue to use existing machines, while 
providing an option to obtain machines that are available on the 
market. CPSC did not select these options because they both would leave 
CPSC unable to test for compliance in accordance with one of the 
procedures in the Standard when CPSC's machines that comply with AATCC 
TM124-2006 reach the end of their useful lives; this would retain in 
the Standard an outdated and obsolete specification that is no longer 
possible to meet with products available on the market; and staff does 
not have information about an appropriate phase-out period for machines 
that comply with AATCC TM124-2006. Although CPSC did not select either 
of these alternatives, firms would still be able to continue to use 
machines that comply with AATCC TM124-2006, instead of machines that 
comply with AATCC LP1-2021, under the provisions in 16 CFR 1610.40.
    For dryers, CPSC considered retaining the current provisions in the 
Standard, which reference AATCC TM124-2006, because dryers that meet 
this standard are still available on the market. This alternative would 
eliminate any costs associated with the amendment to dryer 
specifications. CPSC did not select this option because requiring the 
use of a single standard ensures compatible washing and drying 
requirements and reduces confusion and costs associated with obtaining 
and following two separate standards. In addition, because the dryer 
specifications in AATCC TM124-2006 and AATCC LP1-2021 are nearly 
identical, testing laboratories are unlikely to need to replace their 
dryers to meet the amendments and, for those that do, the allowance in 
16 CFR 1610.40 would mitigate or eliminate that need.

C. Significant Issues Raised by Commenters

    A final regulatory analysis must include a summary of significant 
issues raised by commenters in response to the preliminary regulatory 
analysis and CPSC's assessment of those comments. 15 U.S.C. 1193(j). 
CPSC did not receive any comments regarding the preliminary regulatory 
analysis in the NPR or any comments regarding costs, benefits, or 
alternatives, generally.

IX. Paperwork Reduction Act

    This rule does not involve any new information collection 
requirements subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501-3521). The Standard does contain recordkeeping provisions, but 
this rule would not alter the estimated burden hours to establish or 
maintain associated records from the information collection approved 
previously.\12\
---------------------------------------------------------------------------

    \12\ See Office of Management and Budget (OMB) Control No. 3041-
0024.
---------------------------------------------------------------------------

X. Regulatory Flexibility Act Analysis

    When an agency is required to publish a proposed rule, the 
Regulatory Flexibility Act (5 U.S.C. 601-612) requires that the agency 
prepare an initial regulatory flexibility analysis (IRFA) at the NPR 
stage and a final regulatory flexibility analysis (FRFA) at the final 
rule stage. An IRFA and FRFA must contain specific content that 
describes the impact that the rule would have on small businesses and 
other entities. 5 U.S.C. 603, 604. However, an IRFA and FRFA are not 
required if the head of the agency certifies that the rule

[[Page 73228]]

``will not, if promulgated, have a significant economic impact on a 
substantial number of small entities.'' Id. 605(b). The agency must 
publish the certification in the Federal Register along with the NPR or 
final rule, include the factual basis for the certification, and 
provide the certification and statement to the Chief Counsel for 
Advocacy of the Small Business Administration. Id.\13\
---------------------------------------------------------------------------

    \13\ For additional details regarding certifications, see A 
Guide for Government Agencies: How to Comply with the Regulatory 
Flexibility Act, SBA Office of Advocacy (Aug. 2017), available at: 
https://advocacy.sba.gov/2017/08/31/a-guide-for-government-agencies-how-to-comply-with-the-regulatory-flexibility-act/.
---------------------------------------------------------------------------

    In the NPR, the Commission certified that the proposed amendments, 
if adopted, would not have a significant economic impact on a 
substantial number of small entities. As support for the certification, 
the Commission noted that there are little to no estimated costs 
associated with the rule because the amendments reduce burdens on 
industry, maintain or expand existing requirements, or firms may rely 
on the allowance in 16 CFR 1610.40 to continue to use equipment that is 
being updated in the amendments. The factual basis for the 
certification is in Tab F of the NPR briefing package and Tab C of the 
final rule briefing package, but the NPR provided an overview, 
including information about the small entities to which the rule would 
apply; the potential economic impact of the rule on small entities; the 
criteria CPSC used for a ``significant economic impact'' and a 
``substantial number''; assumptions and uncertainties; and a request 
for comments.
    CPSC did not receive any comments regarding the certification or 
the economic analysis in the NPR, or any new cost, market, or other 
information or data that would change the economic impact assessments 
in the NPR. Therefore, because the amendments in this rule are 
consistent with those proposed in the NPR, the Commission certifies 
that the amendments will not have a significant economic impact on a 
substantial number of small entities, for the reasons stated in the 
NPR.

XI. Incorporation by Reference

    This rule incorporates by reference AATCC LP1-2021. The Office of 
the Federal Register (OFR) has regulations regarding incorporation by 
reference. 1 CFR part 51. Under these regulations, in the preamble, an 
agency must summarize the incorporated material, and discuss the ways 
in which the material is reasonably available to interested parties or 
how the agency worked to make the materials reasonably available. 1 CFR 
51.5(a). In accordance with the OFR requirements, this preamble 
summarizes the provisions of AATCC LP1-2021 that the Commission 
incorporates by reference.
    The standard is reasonably available to interested parties and 
interested parties can purchase a copy of AATCC LP1-2021 from the 
American Association of Textile Chemists and Colorists, P.O. Box 12215, 
Research Triangle Park, North Carolina 27709; telephone (919) 549-8141; 
www.aatcc.org. Once this rule takes effect, a read-only copy of the 
standard will be available for viewing on the AATCC website. Interested 
parties can also schedule an appointment to inspect a copy of the 
standard at CPSC's Office of the Secretary, U.S. Consumer Product 
Safety Commission, 4330 East West Highway, Bethesda, MD 20814, 
telephone: 301-504-7479; email: <a href="/cdn-cgi/l/email-protection#5f3c2f2c3c72302c1f3c2f2c3c71383029"><span class="__cf_email__" data-cfemail="06657675652b6975466576756528616970">[email protected]</span></a>.

XII. Testing, Certification, and Notice of Requirements

    Because the Standard applies to clothing and textiles intended to 
be used for clothing, it applies to both non-children's products and 
children's products. Section 14(a) of the Consumer Product Safety Act 
(CPSA; 15 U.S.C. 2051-2089) includes requirements for testing and 
certifying that non-children's products and children's products comply 
with applicable mandatory standards issued under any statute the 
Commission administers, including the FFA. 15 U.S.C. 2063(a). The 
Commission's regulations on certificates of compliance are codified at 
16 CFR part 1110.
    Section 14(a)(1) addresses required testing and certifications for 
non-children's products and requires every manufacturer of a non-
children's product, which includes the importer,\14\ that is subject to 
a rule enforced by the Commission and imported for consumption or 
warehousing or distributed in commerce, to issue a certificate. The 
manufacturer must certify, based on a test of each product or upon a 
reasonable testing program, that the product complies with all rules, 
bans, standards, or regulations applicable to the product under 
statutes enforced by the Commission. The certificate must specify each 
such rule, ban, standard, or regulation that applies to the product. 15 
U.S.C. 2063(a)(1).
---------------------------------------------------------------------------

    \14\ The CPSA defines a ``manufacturer'' as ``any person who 
manufactures or imports a consumer product.'' 15 U.S.C. 2052(a)(11).
---------------------------------------------------------------------------

    Sections 14(a)(2) and (a)(3) address testing and certification 
requirements specific to children's products. A ``children's product'' 
is a consumer product that is ``designed or intended primarily for 
children 12 years of age or younger.'' 15 U.S.C. 2052(a)(2). The CPSA 
and CPSC's regulations provide factors to consider when determining 
whether a product is a children's product. 15 U.S.C. 2052(a)(2); 16 CFR 
1200.2. An accredited third party conformity assessment body (third-
party lab) must test any product that is subject to a children's 
product safety rule for compliance with the applicable rule. 15 U.S.C. 
2063(a)(2)(A); see 77 FR 31086, 31105 (May 24, 2012). After this 
testing, the manufacturer or private labeler of the product must 
certify that, based on the third-party lab's testing, the product 
complies with the children's product safety rule. 15 U.S.C. 
2063(a)(2)(B).
    The Commission must publish a notice of requirements (NOR) for 
third-party labs to obtain accreditation to assess conformity with a 
children's product safety rule. 15 U.S.C. 2063(a)(3)(A). The Commission 
must publish an NOR for new or revised children's products standards 
not later than 90 days before such rules or revisions take effect. Id. 
2063(a)(3)(B)(vi). The Commission previously published an NOR for the 
Standard.\15\ The NOR provided the criteria and process for CPSC to 
accept accreditation of third-party labs for testing products to 16 CFR 
part 1610. Part 1112 provides requirements for third-party labs to 
obtain accreditation to test for conformance with a children's product 
safety rule, including the Standard. 16 CFR 1112.15(b)(20).
---------------------------------------------------------------------------

    \15\ See 75 FR 51016 (Aug. 18, 2010), amended at 76 FR 22608 
(Apr. 22, 2011); 78 FR 15836 (Mar. 12, 2013).
---------------------------------------------------------------------------

    The rule does not require third-party labs to change the way they 
test products for compliance with the Standard. The amendments to burn 
codes do not alter test protocols; they merely clarify existing 
requirements. The amendments regarding stop thread and dry cleaning 
specifications continue to allow the use of specifications consistent 
with the current Standard. Although the amendments regarding laundering 
specifications differ from the current Standard, 16 CFR 1610.40 
provides an allowance for the continued use of laundering 
specifications under the current Standard. Accordingly, the existing 
accreditations that the Commission has accepted for testing to the 
Standard will cover testing to the revised Standard, and CPSC-accepted 
third party conformity assessment bodies are expected to update the 
scope of their accreditations to reflect the

[[Page 73229]]

revised Standard in the normal course of renewing their accreditations.

XIII. Environmental Considerations

    The Commission's regulations address whether CPSC is required to 
prepare an environmental assessment (EA) or an environmental impact 
statement (EIS). 16 CFR 1021.5. Those regulations list CPSC actions 
that ``normally have little or no potential for affecting the human 
environment,'' and, therefore, fall within a ``categorical exclusion'' 
under the National Environmental Policy Act (42 U.S.C. 4321-4370h) and 
the regulations implementing it (40 CFR parts 1500 through 1508) and do 
not require an EA or EIS. 16 CFR 1021.5(c). Among those actions are 
rules that provide design or performance requirements for products, or 
revisions to such rules. Id. 1021.5(c)(1). Because this rule makes 
minimal revisions to the equipment and materials used for flammability 
testing in the Standard, and makes minor revisions for clarity, the 
rule falls within the categorical exclusion, and thus, no EA or EIS is 
required.

XIV. Preemption

    In accordance with Executive Order (E.O.) 12988, Civil Justice 
Reform, CPSC states the preemptive effect of the rule, as follows. 61 
FR 4729 (Feb. 7, 1996). Section 16 of the FFA provides that when a 
flammability standard or other regulation for a fabric, related 
material, or product is in effect under the FFA, no state or political 
subdivision may establish or continue in effect a flammability standard 
for such fabric, related material or product if it is designed to 
protect against the same risk as the standard under the FFA unless the 
state or political subdivision standard is identical to the Federal 
standard. 15 U.S.C. 1203(a). The federal government, or a state or 
local government, may establish or continue in effect a non-identical 
requirement for its own use that is designed to protect against the 
same risk as the CPSC standard if the federal, state, or local 
requirement provides a higher degree of protection than the CPSC 
requirement. Id. 1203(b). In addition, states or political subdivisions 
of a state may apply for an exemption from preemption regarding a 
flammability standard or other regulation applicable to a fabric, 
related material, or product subject to a standard or other regulation 
in effect under the FFA. Upon such application, the Commission may 
issue a rule granting the exemption if it finds that: (1) compliance 
with the state or local standard would not cause the fabric, related 
material, or product to violate the federal standard; (2) the state or 
local standard provides a significantly higher degree of protection 
from the risk of occurrence of fire than the CPSC standard; and (3) the 
state or local standard does not unduly burden interstate commerce. Id. 
1203(c).

XV. Effective Date

    Section 4(b) of the FFA specifies that an amendment to a 
flammability standard shall take effect 12 months after the date the 
amendment is promulgated unless the Commission finds, for good cause 
shown, that an earlier or later effective date is in the public 
interest and publishes the reasons for that finding. 15 U.S.C. 1193(b).
    The amendments to the Standard adopted in this notice take effect 
six months after publication of the final rule in the Federal Register. 
The Commission finds that this earlier effective date is in the public 
interest because the Standard provides an important safety benefit and 
the amendments provide some improvement to those benefits, with little 
to no costs. Moreover, a shorter effective date is justified given that 
the amendments should have minimal impacts, improve clarity, and 
relieve burdens; the prohibition on the use of perchloroethylene in dry 
cleaning in California took effect in January 2023; and washing 
machines that meet the Standard are no longer available.
    Section 4(b) of the FFA also requires that an amendment of a 
flammability standard exempt fabrics, related materials, and products 
``in inventory or with the trade'' on the date the amendment becomes 
effective, unless the Commission prescribes, limits, or withdraws that 
exemption because it finds that the product is ``so highly flammable as 
to be dangerous when used by consumers for the purpose for which it is 
intended.'' Because the amendments adopted in this notice are intended 
to have minimal impacts, the Commission concludes that products in 
inventory or with the trade on the date the amendment becomes effective 
are exempt from the amended Standard.

XVI. Findings

    As discussed in section II. Statutory Requirements for Revising the 
Standard, above, the FFA requires the Commission to make certain 
findings when it issues or amends a flammability standard. 15 U.S.C. 
1193(b), (j)(2). This section discusses the support for those findings.
    The amendments are needed to adequately protect the public against 
unreasonable risk of fire leading to death, injury, or significant 
property damage. Since the requirements in the Standard were 
promulgated in 1953, industry practices, equipment, materials, and 
procedures have evolved, making some parts of the Standard outdated or 
unclear. Because the Standard determines whether a fabric is safe for 
use in clothing, it is necessary to replace requirements for outdated 
and unavailable equipment, materials, and procedures and clarify 
unclear provisions, to ensure that flammability testing can be 
performed and that the results of the testing yield consistent, 
reliable, and accurate flammability classifications so that dangerously 
flammable fabrics are not used in clothing.
    The amendments are reasonable, technologically practicable, and 
appropriate, and are stated in objective terms. The amendments 
streamline existing requirements and update specifications for outdated 
equipment, materials, and procedures. The amendments reflect changes 
recommended by industry members, and allow for the use of equipment, 
materials, and procedures that are commonly used by industry members, 
recognized in standards developed by industry, are readily available, 
and stated in objective terms.
    The amendments are limited to fabrics, related materials, and 
products that present an unreasonable risk. The amendments do not alter 
the textiles or products that are subject to the Standard, which 
addresses products that present an unreasonable risk.
    Voluntary standards. CPSC identified four relevant voluntary 
standards. AATCC Test Method 124-2018, Appearance of Fabrics after 
Repeated Home Laundering, includes provisions that are relevant to 
flammability testing and is similar to portions of the Standard, but is 
not a flammability standard. Rather, it is intended to evaluate the 
smoothness appearance of fabrics after repeated home laundering. As 
such, it contains provisions that are not relevant to flammability 
testing and lacks provisions that are necessary for flammability 
testing. AATCC's Laboratory Procedure 1-2021, Home Laundering: Machine 
Washing, also includes provisions that are relevant to flammability 
testing and is similar to portions of the Standard but is not a 
flammability standard. Rather, it is intended as a stand-alone 
laundering protocol, for use with other test methods, such as a 
flammability standard. Therefore, it contains provisions that are not 
relevant to flammability testing and lacks provisions that are 
necessary for flammability testing. ASTM D1230-22,

[[Page 73230]]

Standard Test Method for Flammability of Apparel Textiles, is similar 
to the Standard, but contains different laundering specifications, 
terminology, and burn codes, and it does not address issues identified 
in this rule, such as clarification of the stop thread specification. 
Canadian General Standards Board Standard CAN/CGSB-4.2 No. 27.5, 
Textile Test Method Flame Resistance--45[deg] Angle Test--One-Second 
Flame Impingement, also is similar to the Standard, but includes 
several differences from longstanding provisions in the Standard, such 
as stop thread specifications. As such, adopting provisions in the 
Canadian standard would unnecessarily alter the Standard when the 
purpose of the amendments in this rule is to minimize changes to 
flammability test results while improving the clarity and usability of 
the Standard. Compliance with these voluntary standards is not likely 
to result in the elimination or adequate reduction of the risk of 
injury identified by the Commission. The amendments will better address 
the risk of injury than these voluntary standards by retaining the 
longstanding provisions in the Standard that have been demonstrated to 
effectively address the flammability hazard, while making minimal 
revisions to ensure the accuracy of flammability classifications by 
improving the clarity of the requirements and updating outdated 
equipment and materials.
    Relationship of benefits to costs. Because the amendments reflect 
current industry practices and provide needed clarifications, the 
anticipated benefits and costs are expected to be small and bear a 
reasonable relationship to each other.
    Least burdensome requirement. The amendments do not substantively 
change the Standard but provide changes that are necessary for clarity 
and so that testing laboratories may obtain necessary materials and 
equipment to conduct testing. Several amendments expand the permissible 
range of materials or equipment to reduce burdens. For revisions that 
include new equipment or materials, the amendments either allow use of 
the new materials and equipment as additional alternatives, or the 
Commission provides information to support the continued use of 
equipment or materials in the current Standard under 16 CFR 1610.40.

XVII. Congressional Review

    The FFA requires CPSC to transmit a copy of a flammability 
regulation to the Secretary of the Senate and the Clerk of the House of 
Representatives. 15 U.S.C. 1204. The Congressional Review Act (CRA; 5 
U.S.C. 801-808) similarly states that before a rule may take effect, 
the agency issuing the rule must submit the rule, and certain related 
information, to each House of Congress and the Comptroller General. 5 
U.S.C. 801(a)(1). The CRA submission must indicate whether the rule is 
a ``major rule.'' The CRA states that the Office of Information and 
Regulatory Affairs (OIRA) determines whether a rule qualifies as a 
``major rule.'' A ``major rule'' is one that OIRA finds has resulted in 
or is likely to result in:
    <bullet> an annual effect on the economy of $100,000,000 or more;
    <bullet> a major increase in costs or prices for consumers, 
individual industries, government agencies, or geographic regions; or
    <bullet> significant adverse effects on competition, employment, 
investment, productivity, innovation, or the ability of U.S. 
enterprises to compete with foreign enterprises in domestic and export 
markets.
    5 U.S.C. 804(2).
    Because the costs and benefits associated with this rule are 
expected to be minimal, OIRA determined that this is not a major rule. 
To comply with the CRA and FFA, CPSC will submit the required 
information to the appropriate Congressional offices and the 
Comptroller General.

XVIII. Conclusion

    For the reasons stated in this preamble, the Commission concludes 
that the amendments to the Standard adopted in this notice are needed 
to protect the public against unreasonable risk of the occurrence of 
fire leading to death or personal injury, or significant damage.

List of Subjects in 16 CFR Part 1610

    Clothing, Consumer protection, Flammable materials, Incorporation 
by reference, Reporting and recordkeeping requirements, Textiles, 
Warranties.

    For the reasons discussed in the preamble, the Commission amends 
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

0
1. The authority citation for part 1610 continues to read as follows:

    Authority: 15 U.S.C. 1191-1204.


0
2. Amend Sec.  1610.2 by revising paragraphs (a) and (p) to read as 
follows:


Sec.  1610.2  Definitions.

* * * * *
    (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 2 or 3 fabric, are those burns 
resulting from surface flash that occur on specimens in places other 
than the point of impingement (test result code SFBB) 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.
* * * * *
    (p) Stop thread supply means 3-ply, white, mercerized, 100% cotton 
sewing thread, with a Tex size of 40 <plus-minus>5.
* * * * *

0
3. Amend Sec.  1610.4 by revising paragraphs (a)(2), (b)(2), (c)(2), 
and Table 1 to read as follows:


Sec.  1610.4  Requirements for classifying textiles.

    (a) * * *
    (2) Raised surface textile fabric. Such textiles in their original 
state and/or after being refurbished as described in Sec.  1610.6(a) 
and (b), when tested as described in Sec.  1610.6, shall be classified 
as Class 1, Normal Flammability, when the burn time is more than 7.0 
seconds, or when they burn with a rapid surface flash (0.0 to 7.0 
seconds), provided the intensity of the flame is so low as not to 
ignite or fuse the base fabric.
    (b) * * *
    (2) Raised surface textile fabric. Such textiles in their original 
state and/or after being refurbished as described in Sec.  1610.6(a) 
and (b), when tested as described in Sec.  1610.6, shall be classified 
as Class 2, Intermediate Flammability, when the burn time is from 4.0 
through 7.0 seconds, both inclusive, and the base fabric starts burning 
at places other than the point of impingement as a result of the 
surface flash (test result code SFBB).
    (c) * * *
    (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 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 4.0 seconds, and the base fabric starts 
burning at places other than the point of impingement as a result of 
the surface flash (test result code SFBB).

[[Page 73231]]



     Table 1 to Sec.   1610.4--Summary of Test Criteria for Specimen
                             Classification
                           [See Sec.   1610.7]
------------------------------------------------------------------------
                        Plain surface textile    Raised surface textile
        Class                  fabric                    fabric
------------------------------------------------------------------------
1...................  Burn time is 3.5 seconds  (1) Burn time is greater
                       or more. ACCEPTABLE       than 7.0 seconds; or
                       (3.5 seconds is a pass).  (2) Burn time is less
                                                 than or equal to 7.0
                                                 seconds with no SFBB
                                                 test result code.
                                                 Exhibits rapid surface
                                                 flash only. ACCEPTABLE--
                                                 Normal Flammability.
2...................  Class 2 is not            Burn time is 4.0 to 7.0
                       applicable to plain       seconds (inclusive)
                       surface textile fabrics.  with base burn (SFBB).
                                                 ACCEPTABLE--Intermediat
                                                 e Flammability.
3...................  Burn time is less than    Burn time is less than
                       3.5 seconds. NOT          4.0 seconds with base
                       ACCEPTABLE.               burn (SFBB). NOT
                                                 ACCEPTABLE--Rapid and
                                                 Intense Burning.
------------------------------------------------------------------------
Note: SFBB poi and SFBB poi* are not considered a base burn for
  determining Class 2 and 3 fabrics.


0
4. Amend Sec.  1610.5 by revising paragraphs (a)(2)(ii), (b)(6), and 
(b)(7) to read as follows:


Sec.  1610.5  Test apparatus and materials.

    (a) * * *
    (2) * * *
    (ii) Stop thread supply. This supply, consisting of a spool of 3-
ply, white, mercerized, 100% cotton sewing thread, with a Tex size of 
40 <plus-minus>5 Tex, shall be fastened to the side of the chamber and 
can be withdrawn by releasing the thumbscrew holding it in position.
* * * * *
    (b) * * *
    (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 or hydrocarbon solvent and a 
cationic dry cleaning detergent as specified in Sec.  1610.6(b)(1)(i).
    (7) Dry cleaning solvent. The solvent shall be perchloroethylene, 
commercial grade, or hydrocarbon solvent, commercial grade.
* * * * *

0
5. Amend Sec.  1610.6 by revising paragraphs (b)(1)(i)(A), (b)(1)(ii), 
and(b)(1)(iii) to read as follows:


Sec.  1610.6  Test procedure.

* * * * *
    (b) * * *
    (1) * * *
    (i) * * *
    (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 one of the following prescribed conditions:
    (1) For perchloroethylene:
    (i) Solvent: Perchloroethylene, commercial grade.
    (ii) Detergent class: Cationic.
    (iii) Cleaning time: 10-15 minutes.
    (iv) Extraction time: 3 minutes.
    (v) Drying Temperature: 60-66 [deg]C (140-150 [deg]F).
    (vi) Drying Time: 18-20 minutes.
    (vii) Cool Down/Deodorization time: 5 minutes.
    (2) For hydrocarbon:
    (i) Solvent: Hydrocarbon.
    (ii) Detergent Class: Cationic.
    (iii) Cleaning Time: 20-25 minutes.
    (iv) Extraction Time: 4 minutes.
    (v) Drying Temperature: 60-66 [deg]C (140-150 [deg]F).
    (vi) Drying Time: 20-25 minutes.
    (vii) Cool Down/Deodorization Time: 5 minutes.
    Samples shall be dry cleaned in a load that is 80% of the machine's 
capacity.
* * * * *
    (ii) Laundering procedure. The sample, after being subjected to the 
dry cleaning procedure, shall be washed and dried one time in 
accordance with section 9.2, section 9.4, section 12.2(A), Table I 
``(1) Normal,'' ``(IV) Hot,'' and Table VI ``(Aiii) Permanent Press'' 
of AATCC LP1-2021 (incorporated by reference, see Sec.  
1610.6(b)(1)(iii)). Washing shall be performed in accordance with the 
detergent (powder) specified in section 9.4 of AATCC LP1-2021; 
parameters for water level, agitator speed, stroke length, washing 
time, spin speed, spin time, and wash temperature specified in Table I, 
``Standard Washing Machine Parameters,'' ``(1) Normal'' and ``(IV) 
Hot'' of AATCC LP1-2021; and a maximum wash load as specified in 
section 9.2 of AATCC LP1-2021, which may consist of any combination of 
test samples and dummy pieces. Drying shall be performed in accordance 
with section 12.2(A) of AATCC LP1-2021, Tumble Dry, using the exhaust 
temperature and cool down time specified in Table VI, ``Standard Tumble 
Dryer Parameters,'' ``(Aiii) Permanent Press'' of AATCC LP1-2021.
    (iii) AATCC LP1-2021, Laboratory Procedure for Home Laundering: 
Machine Washing, 2021, is incorporated by reference. The Director of 
the Federal Register approves this incorporation by reference in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. A read-only copy of 
the standard is available for viewing on the AATCC website. You may 
obtain a copy from the American Association of Textile Chemists and 
Colorists, P.O. Box 12215, Research Triangle Park, North Carolina 
27709; telephone (919) 549-8141; www.aatcc.org. You may inspect a copy 
at the Office of the Secretary, U.S. Consumer Product Safety 
Commission, Room 710, 4330 East-West Highway, Bethesda, MD 20814, 
telephone (301) 504-7479, email <a href="/cdn-cgi/l/email-protection#e487949787c98b97a487949787ca838b92"><span class="__cf_email__" data-cfemail="d9baa9aabaf4b6aa99baa9aabaf7beb6af">[email protected]</span></a>, or at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, email <a href="/cdn-cgi/l/email-protection#ee889cc087809d9e8b8d9a878180ae808f9c8fc0898198"><span class="__cf_email__" data-cfemail="b3d5c19ddaddc0c3d6d0c7dadcddf3ddd2c1d29dd4dcc5">[email protected]</span></a>, or 
go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
* * * * *

0
6. Amend Sec.  1610.7 by revising paragraph (b) to read as follows:


Sec.  1610.7  Test sequence and classification criteria.

* * * * *
    (b) Test sequence and classification criteria. (1) Step 1, Plain 
Surface Textile Fabrics in the 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

[[Page 73232]]

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) 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 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 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 4.0 seconds 
without an SFBB test result code, or it is 4.0 seconds or greater with 
or without am SFBB test result code. The preliminary classification is 
Class 1, Normal Flammability; or
    (C) There are no base burns (SFBB) 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 
0.0 to 7.0 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 7.0 seconds with any number of base burns (SFBB). The 
preliminary classification is Class 1, Normal Flammability; or
    (F) There are two or more burn times with an average burn time of 
4.0 through 7.0 seconds (both inclusive) with no more than one base 
burn (SFBB). The preliminary classification is Class 1, Normal 
Flammability; or
    (G) There are two or more burn times with an average burn time less 
than 4.0 seconds with no more than one base burn (SFBB). The 
preliminary classification is Class 1, Normal Flammability; or
    (H) There are two or more burn times with an average burn time of 
4.0 through 7.0 seconds (both inclusive) with two or more base burns 
(SFBB). 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 4.0 seconds with a base burn (SFBB); or 
the average of two or more burn times is less than 4.0 seconds with two 
or more base burns (SFBB). 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 4.0 seconds with 
three or more base burns (SFBB). 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 4.0 seconds with no more 
than two base burns (SFBB). The preliminary classification is Class 1, 
Normal Flammability; or
    (2) The average burn time is 4.0 to 7.0 seconds (both inclusive) 
with no more than 2 base burns (SFBB). The preliminary classification 
is Class 1, Normal Flammability; or
    (3) The average burn time is greater than 7.0 seconds. The 
preliminary classification is Class 1, Normal Flammability; or
    (4) The average burn time is 4.0 to 7.0 seconds (both inclusive) 
with three or more base burns (SFBB). 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 4.0 seconds 
without an SFBB test result code; or it is 4.0 seconds or greater with 
or without an SFBB test result code. The preliminary classification is 
Class 1, Normal Flammability; or
    (C) There are no base burns (SFBB) 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 
0.0 to 7.0 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 7.0 seconds with any number of base burns (SFBB). The 
preliminary

[[Page 73233]]

classification is Class 1, Normal Flammability; or
    (F) There are two or more burn times with an average burn time of 
4.0 to 7.0 seconds (both inclusive) with no more than one base burn 
(SFBB). The preliminary classification is Class 1, Normal Flammability; 
or
    (G) There are two or more burn times with an average burn time less 
than 4.0 seconds with no more than one base burn (SFBB). The 
preliminary classification is Class 1, Normal Flammability; or
    (H) There are two or more burn times with an average burn time of 
4.0 to 7.0 seconds (both inclusive) with two or more base burns (SFBB). 
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 4.0 seconds with a base burn (SFBB); or 
the average of two or more burn times is less than 4.0 seconds with two 
or more base burns (SFBB).
    (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 4.0 seconds with no more 
than two base burns (SFBB). The preliminary classification is Class 1, 
Normal Flammability; or
    (B) The average burn time is less than 4.0 seconds with three or 
more base burns (SFBB). The preliminary and final classification is 
Class 3, Rapid and Intense Burning; or
    (C) The average burn time is greater than 7.0 seconds. The 
preliminary classification is Class 1, Normal Flammability; or
    (D) The average burn time is 4.0 to 7.0 seconds (both inclusive), 
with no more than two base burns (SFBB). The preliminary classification 
is Class 1, Normal Flammability; or
    (E) The average burn time is 4.0 to 7.0 seconds (both inclusive), 
with three or more base burns (SFBB). 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.

0
7. Amend Sec.  1610.8 by revising paragraph (b) to read as follows:


Sec.  1610.8  Reporting results.

* * * * *
    (b) Test result codes. The following are 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:
    (i) DNI Did not ignite.
    (ii) IBE Ignited, but extinguished.
    (iii) _._sec. Actual burn time measured and recorded by the timing 
device.
    (2) For Raised Surface Textile Fabrics:
    (i) _._SFBB Time in seconds, surface flash base burn starting at 
places other than the point of impingement as a result of surface 
flash.
    (ii) _._SFBB poi Time in seconds, surface flash base burn starting 
at the point of impingement.
    (iii) _._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.
    (iv) _._SF only Time in seconds, surface flash only. No damage to 
the base fabric.
    (v) SF poi Surface flash, at the point of impingement only 
(equivalent to ``did not ignite'' for plain surfaces).
    (vi) SF uc Surface flash, under the stop thread, but does not break 
the stop thread.
    (vii) SF pw Surface flash, part way. No time shown because the 
surface flash did not reach the stop thread.

Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2023-23388 Filed 10-24-23; 8:45 am]
BILLING CODE 6355-01-P


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