8844 Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Proposed Rules 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1610 

Standard for the Flammability of 

Clothing Textiles; Notice of Proposed 

Rulemaking 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Commission is proposing 

to amend its flammability standard of 

general wearing apparel, the Standard 

for the Flammability of Clothing 

Textiles, 16 CFR part 1610. The 

Standard, originally issued in 1953, has 

become outdated in several respects. 

The Commission is proposing changes 

to better reflect current consumer 

practices and technologies and to clarify 

several aspects of the Standard. 

DATES: Written comments must be 

received by May 14, 2007. Requests to 

make an oral presentation must be 

received by April 13, 2007. 

ADDRESSES: Written comments should 

be filed by e-mail to cpsc-os@cpsc.gov. 

Comments also may be filed by 

telefacsimile to (301) 504–0127, or they 

may be mailed or delivered, preferably 

in five copies, to the Office of the 

Secretary, Consumer Product Safety 

Commission, Room 502, 4330 East West 

Highway, Bethesda, Maryland 20814– 

4408; telephone (301) 504–7923. 

Comments should be captioned 

‘‘Clothing NPR.’’ 

The public may also request an 

opportunity to present comments orally. 

Such requests should be submitted to 

the Office of the Secretary by e-mail, 

mail, fax or in person at the addresses 

or phone numbers listed above. 

FOR FURTHER INFORMATION CONTACT: 

Patricia K. Adair, Directorate for 

Engineering Sciences, Consumer 

Product Safety Commission, 4330 East 

West Highway, Bethesda, Maryland 

20814–4408; telephone (301) 504–7536. 

SUPPLEMENTARY INFORMATION: 

A. Background 

1. History of the Standard 

It excludes footwear, interlining 

fabrics, and some hats and gloves. The 

standard provides a test to determine 

whether such clothing and fabrics 

exhibit ‘‘rapid and intense burning,’’ 

and are therefore highly flammable. 

In 1953, Congress enacted the 

Flammable Fabrics Act of 1953 (‘‘FFA’’), 

(Pub. L. 83–88, 67 Stat. 111). As enacted 

in 1953 and amended in 1954, the FFA 

prohibited the importation, manufacture 

for sale, or the sale in commerce of any 

article of wearing apparel, which is ‘‘so 

highly flammable as to be dangerous 

when worn by individuals.’’ The FFA of 

1953 specified that a test, first published 

by the Department of Commerce as a 

voluntary commercial standard, then 

called ‘‘Flammability of Clothing 

Textiles, Commercial Standard (‘‘CS’’) 

191–53,’’ shall be used to determine if 

fabric or clothing is ‘‘so highly 

flammable as to be dangerous when 

worn by individuals.’’ 

In 1967, Congress amended the FFA, 

expanding its coverage and authorizing 

the Secretary of Commerce to issue 

flammability standards through 

rulemaking. A savings clause kept the 

flammability standard for clothing 

textiles that the 1953 Act had mandated 

in effect until superseded or modified 

by the Secretary of Commerce through 

the procedures specified in the 1967 

amendment. See section 11 of Pub. L. 

90–189, 81 Stat. 568, December 14, 

1967. 

In 1972, Congress established the 

Consumer Product Safety Commission 

when it enacted the Consumer Product 

Safety Act (‘‘CPSA’’), 15 U.S.C. 2051 et 

seq. The CPSA transferred to the 

Commission the authority the Secretary 

of Commerce had to issue and amend 

flammability standards under the FFA. 

15 U.S.C. 2079(b). In 1975, the 

Commission published the FFA of 1953 

at 16 CFR 1609 and codified the 

Standard for the Flammability of 

Clothing Textiles at 16 CFR part 1610. 

2. The Current Standard 

Most fabrics are combustible. Some 

combustible fabrics, when used for 

clothing are potentially dangerous to the 

wearer because of the speed and 

intensity of flame with which those 

fabrics burn and their ease of ignition 

and because of the design of the 

garment. The Standard sets out a 

method for measuring burn time, which 

is a function of ease of ignition and 

flame spread rate. 

The Commission is not proposing to 

change the essential aspects of the 

Standard, but rather to update and 

clarify it. The Standard describes a test 

apparatus and the procedures for testing 

clothing and textiles intended to be 

used for clothing. It establishes three 

classes of flammability. The classes are 

based on measurement of burn time, 

along with visual observations of flame 

intensity. The classes are: Class 1 or 

normal flammability; Class 2 or 

intermediate flammability; and Class 3 

or rapid and intense burning. Clothing 

and textiles that are categorized as Class 

3 under the prescribed test method are 

considered dangerously flammable. 16 

CFR 1610.3. 

To determine the appropriate 

classification, the Standard prescribes 

the method of testing. Five specimens 

are subjected to a flammability tester. 

This is a draft-proof ventilated chamber 

containing an ignition medium, a 

sample rack and an automatic timing 

device. Id. 1610.4(b). The ignition 

medium is a motor driven gas jet around 

a 26-gage hypodermic needle. Id. 

1610.4(b)(6). A swatch of each sample 

must be subjected to the dry cleaning 

and hand washing procedure prescribed 

by the Standard. Id. 1610.4(d)&(e). To 

determine results, the average time of 

flame spread is taken for five specimens. 

However, if the time of flame spread is 

less than 4 seconds (31⁄2 seconds for 

plain-surfaced fabrics), five additional 

specimens must be tested and the 

average time of flame spread for these 

ten specimens, or for as many of them 

as burn, must be taken. Id. 1610.4(g)(7). 

Classification is based on the reported 

results before and after drycleaning and 

washing, whichever is lower. Id. 

1610.4(g)(8). 

3. The Products 

The products regulated under the 

Standard are clothing and fabrics 

intended to be used for clothing. The 

Standard applies to all items of clothing, 

and fabrics used for such clothing, 

whether for adults or children, for 

daywear or nightwear. The Commission 

has other regulations governing the 

flammability of children’s sleepwear, 16 

CFR parts 1615 and 1616, that are more 

stringent than the general wearing 

apparel flammability standard. The 

proposed changes discussed in this 

notice would not affect the children’s 

sleepwear standards. 

4. The Risk of Injury 

Fatalities where clothing was the first 

item ignited have declined from 311 

fatalities in 1980 to 110 fatalities in 

2003, the most recent year of available 

data. An average of 122 clothing firerelated fatalities occurred annually 

during 1999–2003. Population fatality 

rates increased with age. In addition, an 

estimated 3,822 non-fatal injuries were 

treated in hospital emergency 

departments annually (2000–2004). 

Among these non-fatal injuries, 25 

percent were serious enough to require 

admission to a hospital (compared to 

5% for all consumer products). The 

changes the Commission is proposing 

will better reflect current practices and 

technologies and clarify some aspects of 

the Standard. These changes should 

improve the Standard’s ability to 

address the risk of injury. 


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B. Statutory Provisions 

The FFA sets forth the process by 

which the Commission can issue or 

amend a flammability standard. The 

Commission first must issue an advance 

notice of proposed rulemaking 

(‘‘ANPR’’) which it did on September 

12, 2002, 67 FR 57770. 

The Commission is now issuing a 

notice of proposed rulemaking (‘‘NPR’’). 

As required, this notice contains the text 

of the proposed rule along with 

alternatives the Commission has 

considered and a preliminary regulatory 

analysis. 15 U.S.C. 1193(i). Before 

issuing a final rule, the Commission 

must prepare a final regulatory analysis, 

and it must make certain findings 

concerning any relevant voluntary 

standard, the relationship of costs and 

benefits of the rule, and the burden 

imposed by the regulation. Id. 1193(j). 

In addition, the Commission must find 

that the standard (1) is needed to 

adequately protect the public against the 

risk of the occurrence of fire leading to 

death, injury or significant property 

damage, (2) is reasonable, 

technologically practicable, and 

appropriate, (3) is limited to fabrics, 

related materials or products which 

present unreasonable risks, and (4) is 

stated in objective terms. 15 U.S.C. 

1193(b). 

The Commission also must provide an 

opportunity for interested persons to 

make an oral presentation before the 

Commission may issue a final rule. Id. 

1193(d). The Commission requests that 

anyone who would like to make an oral 

presentation concerning this rulemaking 

please contact the Commission’s Office 

of the Secretary (address is provided in 

the ADDRESSES section of this notice) 

within 45 days of publication of this 

notice. If the Commission receives 

requests to make oral comments, a date 

will be set for a public meeting for that 

purpose and notice of the meeting will 

be provided in the Federal Register. 

C. Proposed Revision 

To reflect changes in consumer 

garment care practices and to make the 

standard easier to understand, the 

Commission is proposing certain 

changes to the clothing flammability 

standard. These are discussed below. 

Definitions. Over the years people 

have expressed confusion over the 

meaning of certain terms and a lack of 

defined terminology in the Standard. In 

particular, the meaning of the terms 

‘‘base burn’’ and ‘‘surface flash’’ have 

caused confusion in interpreting and 

reporting test results for raised surface 

textile fabrics. These terms are now 

defined in the proposal. In addition, 

several other relevant terms and 

definitions have been added. These 

terms include burn time, dry cleaning, 

flammability, flame, ignition, 

interlining, laundering, long dimension, 

plain surface textile fabric, raised 

surface textile fabric, refurbishing, 

sample, specimen, and stop thread 

supply. 

Changes to the flammability tester. 

The test chamber prescribed in the 

current Standard uses a mechanical 

timing mechanism and is no longer 

available for purchase. Apparel 

manufacturers and testing laboratories 

currently use more modern flammability 

test chambers that incorporate electromechanical components to apply the 

ignition flame and measure burn time. 

(The Standard allows alternate 

procedures if they are as stringent as the 

specified procedure.) A variety of such 

testers are available from a number of 

manufacturers. The proposed revision 

describes the critical parameters of a 

modern flammability test apparatus and 

provides diagrams. In 1982, CPSC staff 

conducted some work comparing the 

flame impingement time of the electrical 

test chamber to that of a chamber with 

the mechanical timing device and found 

that the electrical test chamber readings 

were comparable to and more consistent 

than the manual test chamber readings. 

The proposed revisions expressly 

permit the use of electro-mechanical 

devices to control and apply the flame 

impingement. 

Refurbishing methods. The Standard 

requires fabrics to be refurbished, that 

is, dry cleaned and laundered, one time 

before testing. The purpose of this 

requirement is to remove any nondurable solvent or water soluble 

treatment present on the fabric. It is not 

intended to replicate how the garment 

would be used or cared for by a 

consumer. Both the dry cleaning and 

laundering procedures prescribed by the 

current Standard are outdated. The 

proposal revises these procedures to 

better reflect modern techniques for 

laundering and dry cleaning. 

The method of dry cleaning that the 

current Standard prescribes requires 

perchloroethylene in an open vessel. 

However, perchloroethylene has been 

shown to cause cancer in animal tests, 

and use in this manner violates 

regulations issued by the Environmental 

Protection Agency. The Commission 

staff has not used this procedure since 

1986. (The Standard allows alternate 

procedures if they are as stringent as the 

specified procedure.) Industry and 

independent laboratories have been 

using an alternative dry cleaning 

procedure provided in ASTM D 1230, 

Standard Test Method for Apparel 

Flammability. This procedure uses 

perchlorethylene in a closed 

environment commercial dry cleaning 

machine for one cycle. Analysis of test 

data from an ASTM interlaboratory 

round robin indicates that this 

procedure is as stringent as the 

procedure currently specified in 16 CFR 

part 1610. However, the ASTM standard 

lacks specifications for solvent type, 

detergent class, cleaning and extraction 

time, drying time and temperature, and 

cool down/deoderization time. If 

specific and uniform conditions are not 

followed, test results could vary. 

Therefore, the proposed revision 

includes specific parameters for these 

conditions. These parameters were 

suggested by the International Fabricare 

Institute, a trade association for the 

professional garment care industry. 

The current Standard requires that 

after fabric samples are dry cleaned they 

must be hand washed with neutral chip 

soap and line dried before testing them 

for flammability. 16 CFR 1610.4(e). 

However, neutral chip soap is no longer 

available. Most detergents are now nonphosphate based due to environmental 

concerns. The proposed revision sets 

forth laundering requirements based on 

those prescribed in American 

Association of Textile Chemists and 

Colorists (‘‘AATCC’’) 124–2001, 

Appearance of Fabrics After Repeated 

Home Laundering. An earlier version of 

this test method was incorporated into 

other FFA standards in 2000. 65 FR 

12924, 12929, and 12935 (March 10, 

2000). 

Test procedures. Over the years, 

manufacturers and testing laboratories 

have expressed confusion regarding the 

test procedures and materials or 

equipment required by the Standard. 

Inaccurate sample preparation and 

conditioning undermine the efficacy of 

the Standard. In the ANPR, the 

Commission identified confusing 

sections of the test procedure, including 

the instructions for selecting the surface 

or direction of the fabric to be tested, 

and the directions for determining when 

to test five additional specimens. The 

proposed revision reorganizes and 

rewrites the test procedure in a more 

logical step-by-step fashion to clarify the 

directions for selecting the surface or 

direction of the fabric to be tested, how 

to determine when testing five 

additional specimens is necessary, as 

well as how to conduct the flammability 

test. 

Test result interpretation and 

reporting. The current Standard 

provides no codes to report complex test 

results consistently. Although this is not 

an issue for plain surface textile fabrics, 

it is for raised surface textile fabrics, the 


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8846 Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Proposed Rules 

classification of which is more complex. 

The proposed revision clarifies the 

instructions for calculating burn times 

and establishing the occurrence of a 

base burn (§ 1610.8). By defining the 

terms ‘‘base burn’’ and ‘‘surface flash’’

in § 1610.2, the proposed revision 

provides further clarification for the 

reporting of test results for raised 

surface textile fabrics. The proposed 

revision also specifies test result codes. 

These codes come from CPSC’s 

laboratory test manual and are based on 

codes developed by the Federal Trade 

Commission many years ago. Uniform 

result codes will facilitate reporting 

accuracy and consistency, 

understanding of flammability 

performance, and resolution of test 

result differences among laboratories. 

Subpart B and Subpart C. The 

Commission is also proposing changes 

to subparts B and C of the Standard. To 

reduce confusion, the proposal moves 

some provisions concerning procedures 

for conducting the tests that are 

currently in subpart B and C into 

subpart A. This should provide a more 

cohesive and clearer standard. Subpart 

C is substantially the same, but some 

language has been clarified to make it 

more consistent with subparts A and B, 

and the section describing the history of 

the FFA and the Standard has been 

removed. 

D. Response to Comments on the ANPR 

On September 12, 2002, the 

Commission published an ANPR 

initiating this rulemaking. 67 FR 57770. 

The Commission received 18 written 

comments from businesses, trade 

associations, and interested parties 

representing various segments of the 

fiber, textile and apparel industries, as 

well as academic institutions and fire 

service organizations. Commenters 

generally agreed that the Standard needs 

to be updated and reorganized. Specific 

issues raised by the comments are 

discussed below. 

1. Laundering and Dry Cleaning 

a. Comment. One commenter 

suggested considering new dry cleaning 

methods/solvents as an alternative to 

perchloroethylene. 

Response. The Commission 

recognizes that new dry cleaning 

technologies have emerged in recent 

years as alternatives to 

perchloroethylene and that at least one 

region of the country is moving to 

phase-out the use of perchloroethylene 

by 2020. At this time, however, 

approximately 70% of U.S. dry cleaners 

still use perchloroethylene. 

Perchloroethylene is known to be 

slightly more severe in solvent action 

than other solvents and more likely to 

remove any flame retardant treatments 

on textiles. The proposal specifies a 

‘‘normal’’ commercial dry cleaning 

method which includes specifications 

for cleaning, extraction, drying 

temperature, drying time and cool 

down/deodorization. Samples are to be 

cleaned in a commercial dry cleaning 

machine, using perchloroethylene as the 

solvent in a closed environment. 

b. Comment. One commenter 

expressed concern over the role of fabric 

softeners in fabric flammability. 

Response. According to the Procter 

and Gamble Company, about 71% of 

U.S. households have some form of 

fabric softener. The most common forms 

of fabric softeners for home laundering 

are liquid softeners (purchased by 42% 

of U.S. households) and dryer-added 

sheet softeners (purchased by about 

49% of U.S. households). Dryer sheet 

softeners have anti-static properties. 

Some households use both forms; some 

consumers use both a rinse cycle 

softener and a dryer sheet softener for 

the same load of laundry. At the present 

time there is no ‘‘standard reference’’

fabric softener. The AATCC technical 

committee RA88 on Home Laundering 

Technology is working on the 

development of a standard reference 

fabric softener; the technical committee 

estimates that this work may be 

completed in approximately three years. 

The Commission is not including a 

requirement for fabric softener at this 

time since there is no standard fabric 

softener to reference. 

c. Comment. For changes to the dry 

cleaning and laundering procedures, 

two commenters suggested CPSC 

consider current AATCC and ASTM 

standards. 

Response. The proposal incorporates 

certain sections of AATCC Test Method 

124–2001 ‘‘Appearance of Fabrics After 

Repeated Home Laundering,’’ consistent 

with other FFA regulations (16 CFR 

Parts 1615, 1616, 1630, 1631 and 1632). 

The dry cleaning procedure in the 

proposal is similar but not identical to 

ASTM D1230 Standard Test Method for 

Flammability of Apparel Textiles 

section 9.2.1.6 Option B. The proposal 

has specifications for dry cleaning in a 

commercial dry-cleaning machine using 

perchloroethylene in a ‘‘normal’’ cycle. 

d. Comment. One commenter 

provided suggestions for updating the 

laundering method which included 

increasing the number of cycles. 

Response. The intent of the 

laundering and dry cleaning 

requirements of the Standard is to 

remove any non-durable flame retardant 

treatments that may be on the clothing 

textile; its intent is not to replicate the 

consumer’s refurbishing practices. No 

change has been made; one cycle of 

each refurbishing method is required. 

e. Comment. One commenter 

suggested requiring only the 

refurbishing method on the garment 

care label. 

Response. The Standard applies to 

fabrics and fabrics used in garments. 

While the test method can be used to 

test fabric in the garment stage it also 

applies to fabric before it is sewn into 

a garment, so a fabric care label may not 

be present. The refurbishing 

requirement (laundering/dry cleaning) 

is to remove any solvent or water 

soluble treatment that might be on the 

garment. It is not meant to test the 

durability of fabric treatments over the 

lifetime of a garment. 

2. Clarifications in the Standard 

a. Comment. Several comments 

suggested areas of the Standard in need 

of clarification. These included 

clarifying the brushing of the 

specimens, fabrics considered to be 

raised fiber textiles, determination of 

the nap direction of raised surface 

textiles, exemptions allowed and 

interpretation of test results for 

classification. 

Response. The Commission agrees 

that sections of the current Standard are 

difficult to interpret and need 

clarification, including clearer 

instructions on brushing of raised fiber 

surface textiles and determination of 

which fabrics are considered to have 

raised fiber surfaces. The proposal 

includes examples of raised fiber 

surface textiles and provides guidance 

on testing these fabrics. The proposal 

moves language from footnotes into the 

body of the Standard to clarify the 

exemptions allowed and brings forward 

clarifying language from 16 CFR 

subparts B and C. In addition, the 

proposed revision includes new text 

and graphics on the test procedure, 

interpretation of test results for 

classification, and engineering diagrams 

of the flammability test apparatus. 

b. Comment. Commenters suggested 

adding portions of the CPSC laboratory 

test manual to clarify the test 

procedures in the Standard. 

Response. The staff used the 1981 

CPSC laboratory manual as a resource in 

developing recommendations to amend 

the Standard. The proposal has added 

language from the lab manual in many 

sections. 

c. Comment. One commenter 

suggested that the terms ‘‘surface flash’’

and ‘‘base burn’’ be defined in the 

Standard; another suggested definitions 

for these terms. 


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Response. The proposal adds many 

new definitions to the Standard, 

including definitions for ‘‘surface flash’’

and ‘‘base burn’’ to facilitate clearer 

understanding of the flammability test, 

classification criteria and reporting 

results. 

d. Comment. Two commenters 

suggested reorganizing the Standard to 

eliminate duplication. 

Response. The Commission agrees 

and proposes to reorganize large 

portions of the Standard to eliminate 

duplication and make it easier to follow 

and understand. 

3. Enforcement and Procedural Issues 

a. Comment. Two commenters urged 

CPSC to continue with enforcement of 

16 CFR part 1610. 

Response. The CPSC Office of 

Compliance actively enforces 16 CFR 

part 1610 and continues to see 

violations of the Standard. From 1995 

through June 2006, the Commission 

announced the recall of 28 apparel 

products for violations of 16 CFR part 

1610. 

b. Comment. One commenter 

suggested CPSC should consider 

promulgating a procedure or mechanism 

that allows the agency to make technical 

changes to this and other standards on 

a routine basis when referenced 

voluntary standards are upgraded by 

AATCC and ASTM (e.g., laundering and 

dry cleaning) without having to go 

through full notice and comment 

rulemaking. 

Response. For any change by a 

voluntary standards organization to 

have the force and effect of a 

Commission rule, the Commission must 

formally adopt it through notice and 

comment rulemaking. 

c. Comment. Some commenters 

suggested that the requirements of the 

Standard should be made more stringent 

to improve the level of safety provided 

by the Standard; comments included 

reviewing the appropriateness of the 

ignition source and ignition time, 

increasing the ignition time from 1 to 5 

seconds, revising the acceptable burn 

times; considering forced ignition, 

ignition of the lower cut edge of the 

specimen and horizontal and vertical 

test configurations. One comment was 

concerned with the need for new 

flammability requirements for certain 

types of clothing (adult sleepwear and 

bathrobes). One commenter suggested 

adding a list of ‘‘suspect fabrics’’ and 

requiring more frequent testing for these 

fabrics. Additional comments included 

clarifying or amending the exemptions 

from the requirements for testing to 

support guaranties and warning labels 

for ‘‘high-risk’’ garments. 

Response. The scope of the ANPR 

issued on September 12, 2002 was 

limited to considering changes to the 

Standard to better reflect current 

consumer practices, modernized testing 

equipment and clarifying several 

aspects of the Standard. If, in the future, 

the Commission should determine that 

substantive changes to the Standard are 

needed to adequately protect the public, 

it would begin a separate proceeding for 

issuing a new standard or amending the 

current one in accordance with 

provisions of section 4 of the FFA (15 

U.S.C. 1193). 

4. The Desiccant Specified in the 

Standard 

Comment. One commenter 

recommended specifying silica gel as 

the desiccant instead of anhydrous 

calcium chloride. Another commenter 

was concerned about the potency of the 

anhydrous calcium chloride desiccant 

and consequently the efficacy of testing. 

That commenter noted that the only 

way to ensure the potency of anhydrous 

calcium chloride desiccant is to require 

maintaining daily logs detailing the 

initial temperature and humidity 

readings inside the desiccator at the 

start of each day, as well as after each 

test is completed. 

Response. The Commission agrees 

with the commenters, and the proposal 

specifies silica gel as the preferred 

desiccant. Silica gel is recognized as an 

effective, reliable desiccant; and it can 

be reactivated by heating, thus making 

it economical. Other FFA standards (16 

CFR parts 1615, 1616, 1630 and 1631) 

specify silica gel as the preferred 

desiccant, and for the purpose of 

uniformity the CPSC laboratory has 

been using silica gel as the desiccant for 

all FFA testing since 1973. Regarding 

the potency of the desiccant, unlike 

anhydrous calcium chloride desiccant, 

the color-changing silica gel indicator 

provides a visual indication that the 

desiccant has become saturated with 

moisture. When the indicating silica gel 

crystals change color, the desiccant is 

reactivated by heating it in a laboratory 

oven. 

5. Preliminary Tests 

a. Comment. One commenter 

recommended eliminating the 

preliminary tests requirement because 

the majority of apparel garments are cut 

in the lengthwise direction, therefore 

only the lengthwise direction of a 

garment or fabric needs to be tested. 

Response. When a garment is worn on 

a body, the orientation of the fabric 

varies. The standard specifies that the 

long dimension of a plain surface textile 

fabric specimen is that direction in 

which the fabric burns most rapidly. To 

determine which fabric direction burns 

the most rapidly, the Standard requires 

preliminary tests of specimens cut in 

different directions. Because there can 

be differences in the burning 

characteristics with respect to fabric 

direction, the staff believes that the 

requirement for preliminary tests should 

not be eliminated. 

b. Comment. One commenter 

suggested increasing the number of 

preliminary tests, especially for raised 

fiber surface textile fabrics to include 

both lengthwise and crosswise 

directions. The commenter is concerned 

about low-pile fabrics where it may be 

difficult to determine the correct 

direction of the raised surface fibers. 

Response. For raised fiber surface 

textile fabrics the Standard requires the 

direction of the lay of the surface fibers 

be parallel with the long dimension of 

the specimen. Selecting specimens in 

this manner allows for the brushing 

procedure to raise the surface fibers, 

since the specimen is brushed against 

the direction of the lay of the surface 

fibers. The Standard requires tests of the 

most flammable surface of the fabric. 

With many raised fiber surface textile 

fabrics it is easy to determine the 

direction of the lay of the surface fibers 

by touch and visual observation, and 

preliminary tests are not needed. 

Regarding those fabrics where it may be 

difficult to visually determine the 

correct direction of the lay of the raised 

surface fibers, preliminary tests should 

be done to determine the direction with 

the fastest burning time. Since the 

Standard already requires preliminary 

tests to determine the most flammable 

fabric direction, there is no need to 

prescribe preliminary tests of both the 

lengthwise and crosswise direction of 

raised fiber surface textile fabrics. 

6. Reporting Test Results 

Comment. One commenter 

recommended using simplified 

abbreviations (or codes) for reporting 

burn test results. 

Response. The existing Standard does 

not provide codes to report test results. 

However, the FTC developed test result 

codes many years ago for both plain 

surface and raised fiber surface textile 

fabrics. These codes are found in the 

CPSC’s laboratory test manual, and the 

CPSC laboratory staff has used them to 

record test results for a number of years. 

Uniform result codes will facilitate 

reporting accuracy, understanding of 

flammability performance and 

resolution of test result differences 

among laboratories. For these reasons 

the proposal provides test result codes. 


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E. Preliminary Regulatory Analysis 

Introduction 

The Commission has preliminarily 

determined to issue a rule revising and 

reorganizing the Standard for the 

Flammability of Clothing Textiles. 

Section 4(i) of the FFA requires that the 

Commission prepare a preliminary 

regulatory analysis for a proposed 

regulation under the FFA and that it be 

published with the proposed rule. 15 

U.S.C. 1193(i). The following 

discussion, extracted from the staff’s 

memorandum titled ‘‘Preliminary 

Regulatory Analysis: Amendment to 

Clothing Textile Standard,’’ addresses 

this requirement. 

Potential Benefits and Costs 

Any benefits of the proposed revision 

would accrue through a reduction in 

injury and death associated with 

clothing ignition. However, the 

proposed amendment simply codifies 

existing industry practices, and is not 

intended to change the types and classes 

of textiles (or garments) available for 

consumer use. Consequently, we do not 

anticipate any change in injuries or 

deaths due to this revision. Therefore, 

this amendment would not result in any 

additional expected benefits associated 

with the Standard. 

Similarly, the proposal is not 

expected to increase costs to 

manufacturers. Any increased costs that 

would have been incurred were already 

borne by manufacturers when they 

voluntarily initiated the test 

modifications which would be called for 

under the revision. No additional testing 

or recordkeeping requirements are 

contemplated as a result of the proposed 

amendment. Again, this amendment 

simply codifies current industry 

practices. If anything, this proposed 

revision may reduce the industry 

burden since it modifies requirements 

that are outdated and/or impossible to 

comply with. 

Alternatives 

One alternative would be for the 

Commission to choose to use the ASTM 

standard as a template for the proposed 

amendment. The ASTM standard is a 

recent update (2001) of the FFA 

regulations promulgated in 1953. This 

option would harmonize the voluntary 

standard with the mandatory FFA 

standard. However, the more extensive 

definitional language of the proposed 

revised standard is more complete and 

more easily understood than that of the 

ASTM standard, which follows a 

different organizational format. 

Another option may be to use the test 

procedures outlined in the ASTM 

standard, combined with the 

definitional content of the proposal. 

While each of the options is likely to 

result in equivalence with the current 

Standard, the Commission believes that 

the detail of its proposed language could 

better address the potential for 

confusion and mis-classification of 

clothing textiles by the industry. 

F. Regulatory Flexibility Certification 

The Regulatory Flexibility Act 

(‘‘RFA’’) generally requires that agencies 

review proposed rules for their potential 

economic impact on small entities, 

including small businesses. Section 603 

of the RFA calls for agencies to prepare 

and make available for public comment 

an initial regulatory flexibility analysis 

describing the impact of the proposed 

rule on small entities and identifying 

impact-reducing alternatives. 5 U.S.C. 

603. However, section 605 states that 

this requirement does not apply if the 

head of the agency certifies that the rule 

will not have a significant economic 

impact on a substantial number of small 

entities, and the agency provides an 

explanation for that conclusion. 

This rulemaking will have little or no 

effect on small businesses in the textile 

and apparel industries because, as 

discussed above, the proposal is largely 

a technical one that updates the FFA 

Standard to current industry practices. 

Therefore, the Commission concludes 

that the proposed amendment will not 

have a significant economic impact on 

a substantial number of small entities. 

G. Environmental Considerations 

Generally, CPSC rules are considered 

to ‘‘have little or no potential for 

affecting the human environment,’’ and 

environmental assessments are not 

usually prepared for these rules (see 16 

CFR 1021.5 (c)(1)). Because the proposal 

continues current industry practices, it 

is not expected to alter production 

processes or affect the amounts of 

materials used in manufacturing, 

packaging or labeling. Therefore, the 

Commission does not expect the 

proposal to have any negative 

environmental impact. 

H. Executive Orders 

Executive Order 12988 (February 5, 

1996), requires agencies to state in clear 

language the preemptive effect, if any, to 

be given to a new regulation. The 

clothing standard amendment, if issued 

on a final basis, would modify a 

flammability standard issued under the 

FFA. With certain exceptions which are 

not applicable in this instance, no state 

or political subdivision of a state may 

enact or continue in effect ‘‘a 

flammability standard or other 

regulation’’ applicable to the same fabric 

or product covered by an FFA standard 

if the state or local flammability 

standard or other regulations is 

‘‘designed to protect against the same 

risk of the occurrence fire’’ unless the 

state or local flammability standard or 

regulation ‘‘is identical’’ to the FFA 

standard. See section 16 of the FFA (15 

U.S.C. 1203). 

I. Effective Date 

Section 4(b) of the FFA (15 U.S.C. 

1193(b)) provides that an amendment of 

a flammability standard shall become 

effective one year from the date it is 

promulgated, unless the Commission 

finds for good cause than an earlier or 

later effective date is in the public 

interest, and publishes that finding. 

Section 4(b) also requires that an 

amendment of a flammability standard 

shall exempt products ‘‘in inventory or 

with the trade’’ on the date the 

amendment becomes effective, unless 

the Commission limits or withdraws 

that exemption because those products 

are so highly flammable that they are 

dangerous for use by consumers. 

The Commission believes that a 

shorter effective date is in the public 

interest. As discussed above, the 

proposed revisions reflect practices that 

industry and laboratories are currently 

following. Thus, the impact of the 

proposed changes should be minimal. 

Moreover, it should be helpful to the 

public if the clarifications provided in 

the proposed revision are effective 

sooner than one year. Therefore, the 

Commission proposes that the revisions 

to the Standard would become effective 

180 days after publication of a final 

amendment and that products ‘‘in 

inventory or with the trade’’ would be 

exempt from the revised standard. 

J. Proposed Findings 

Section 1193(a) and (j)(2) of the FFA 

require the Commission to make certain 

findings when it issues or amends a 

flammability standard. The Commission 

must find that the standard or 

amendment: (1) Is needed to adequately 

protect the public against the risk of the 

occurrence of fire leading to death, 

injury or significant property damage; 

(2) is reasonable, technologically 

practicable, and appropriate; (3) is 

limited to fabrics, related materials or 

products which present unreasonable 

risks; and (4) is stated in objective 

terms. 15 U.S.C. 1193(b). In addition, 

the Commission must find that: (1) If an 

applicable voluntary standard has been 

adopted and implemented, that 

compliance with the voluntary standard 

is not likely to adequately reduce the 

risk of injury, or compliance with the 


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voluntary standard is not likely to be 

substantial; (2) that benefits expected 

from the regulation bear a reasonable 

relationship to its costs; and (3) that the 

regulation imposes the least 

burdensome alternative that would 

adequately reduce the risk of injury. 

These findings are discussed below. 

The amendment to the Standard is 

needed to adequately protect the public 

against unreasonable risk of the 

occurrence of fire. The Standard dates 

from 1953. In the past fifty years 

changes in technology and consumer 

practices have made some parts of the 

Standard obsolete. Through the years, 

some have found the Standard’s 

terminology and organization confusing 

and difficult to follow. The proposed 

amendment will better reflect the 

modern practices followed by industry 

and consumers, and modifications in 

the language and organization of the 

standard will enhance its clarity. 

The amendment to the Standard is 

reasonable, technologically practicable, 

and appropriate. The proposed 

amendment essentially establishes in 

the Standard the practices currently 

followed by industry and testing 

laboratories. These changes should 

enhance the Standard’s reasonableness, 

practicability, and appropriateness. 

The amendment to the Standard is 

limited to fabrics, related materials, and 

products that present an unreasonable 

risk. The proposed amendment 

continues to apply to the same textiles 

as the existing Standard. 

Voluntary standards. The proposed 

Standard is similar to ASTM D1230 

Standard Test Method for Flammability 

of Apparel Textiles in methods of 

testing but significantly different in 

refurbishing procedures, terminology 

and criteria. The Commission believes 

that the proposed amendment will 

provide better clarity to industry and 

testing laboratories and therefore is 

likely to better address the risk of injury. 

Relationship of benefits to costs. 

Because the proposed amendment 

reflects current practices, both 

anticipated costs and benefits are likely 

to be small. 

Least burdensome requirement. The 

proposed amendment makes no 

substantive changes to the Standard, but 

only provides modifications that are 

necessary to update and clarify the 

Standard. 

K. Conclusion 

For the reasons discussed above, the 

Commission preliminarily finds that 

amending the clothing textile 

flammability standard is needed to 

adequately protect the public against the 

unreasonable risk of the occurrence of 

fire leading to death, injury, and 

significant property damage. The 

Commission also preliminarily finds 

that the amendment to the Standard is 

reasonable, technologically practicable, 

and appropriate. The Commission 

further finds that the amendment is 

limited to the fabrics, related materials 

and products which present such 

unreasonable risks. 

List of Subjects in 16 CFR Part 1610 

Clothing, Consumer protection, 

Flammable materials, Reporting and 

recordkeeping requirements, Textiles, 

Warranties. 

Therefore, the Commission proposes 

to amend Title 16 of the Code of Federal 

Regulations by revising part 1610 to 

read as follows: 

PART 1610—STANDARD FOR THE 

FLAMMABILITY OF CLOTHING 

TEXTILES 

Subpart A—The Standard 

Sec. 

1610.1 Purpose, scope and applicability. 

1610.2 Definitions. 

1610.3 Summary of test method. 

1610.4 Requirements for classifying textiles. 

1610.5 Test apparatus and materials. 

1610.6 Test procedure. 

1610.7 Test sequence and classification 

criteria. 

1610.8 Reporting results. 

Subpart B—Rules and Regulations 

1610.31 Definitions. 

1610.32 General requirements. 

1610.33 Test procedures for textile fabrics 

and film. 

1610.34 Only uncovered or exposed parts of 

wearing apparel to be tested. 

1610.35 Procedures for testing special types 

of textile fabrics under the standard. 

1610.36 Application of Act to particular 

types of products. 

1610.37 Reasonable and representative tests 

to support guaranties. 

1610.38 Maintenance of records by those 

furnishing guaranties. 

1610.39 Shipments under section 11(c) of 

the Act. 

1610.40 Use of alternative apparatus, 

procedures, or criteria for tests for 

guaranty purposes. 

Subpart C—Interpretations and Policies 

1610.61 Reasonable and representative 

testing to assure compliance with the 

standard for the clothing textiles. 

Figure 1 to Part 1610—Sketch of 

Flammability Apparatus 

Figure 2 to Part 1610—Flammability 

Apparatus Views 

Figure 3 to Part 1610—Specimen Holder 

Supported in Specimen Rack 

Figure 4 to Part 1610—Igniter 

Figure 5 to Part 1610—Brushing Device 

Figure 6 to Part 1610—Brush 

Figure 7 to Part 1610—Template 

Authority: 15 U.S.C. 1191–1204. 

Subpart A—The Standard 

§ 1610.1 Purpose, scope and applicability. 

(a) Purpose. The purpose of this 

standard is to reduce danger of injury 

and loss of life by providing, on a 

national basis, standard methods of 

testing and rating the flammability of 

textiles and textile products for clothing 

use, thereby prohibiting the use of any 

dangerously flammable clothing textiles. 

(b) Scope. The Standard provides 

methods of testing the flammability of 

clothing and textiles intended to be 

used for clothing, establishes three 

classes of flammability, sets forth the 

requirements which textiles shall meet 

to be classified, and warns against the 

use of those textiles which have burning 

characteristics unsuitable for clothing. 

Hereafter, ‘‘clothing and textiles 

intended to be used for clothing’’ shall 

be referred to as ‘‘textiles.’’

(c) Specific exceptions. This standard 

shall not apply to: (1) Hats, provided 

they do not constitute or form part of a 

covering for the neck, face, or shoulders 

when worn by individuals; 

(2) Gloves, provided they are not more 

than 14 inches in length and are not 

affixed to or do not form an integral part 

of another garment; 

(3) Footwear, provided it does not 

consist of hosiery in whole or part and 

is not affixed to or does not form an 

integral part of another garment; 

(4) Interlining fabrics, when intended 

or sold for use as a layer between an 

outer shell and an inner lining in 

wearing apparel. 

(d) Specific exemptions. Experience 

gained from years of testing in 

accordance with the Standard 

demonstrates that certain fabrics 

consistently yield acceptable results 

when tested in accordance with the 

Standard. Therefore, persons and firms 

issuing an initial guaranty of any of the 

following types of fabrics, or of products 

made entirely from one or more of these 

fabrics, are exempt from any 

requirement for testing to support 

guaranties of those fabrics: 

(1) Plain surface fabrics, regardless of 

fiber content, weighing 2.6 ounces per 

square yard or more; and 

(2) All fabrics, both plain surface and 

raised-fiber surface textiles, regardless 

of weight, made entirely from any of the 

following fibers or entirely from 

combination of the following fibers: 

acrylic, modacrylic, nylon, olefin, 

polyester, wool. 

(e) Applicability. The requirements of 

this part 1610 shall apply to textile 

fabric or related material in a form or 

state ready for use in an article of 


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wearing apparel, including garments 

and costumes finished for consumer 

use. 

§ 1610.2 Definitions. 

In addition to the definitions given in 

Section 2 of the Flammable Fabrics Act 

as amended (15 U.S.C. 1191), the 

following definitions apply for this part 

1610. 

(a) Base burn (also known as base 

fabric ignition or fusing) means the 

point at which the flame burns the 

ground (base) fabric of a raised surface 

textile fabric and provides a selfsustaining flame. Base burns, used to 

establish a Class 3 fabric, are those 

burns resulting from surface flash that 

occur on specimens in places other than 

the point of impingement when the 

warp and fill yarns of a raised surface 

textile fabric undergo combustion. Base 

burns can be identified by an opacity 

change, scorching on the reverse side of 

the fabric, or when a physical hole is 

evident. 

(b) Burn time means the time elapsed 

from ignition until the stop thread is 

severed as measured by the timing 

mechanism of the test apparatus. 

(c) Dry cleaning means the cleaning of 

samples in a commercial dry cleaning 

machine under the conditions described 

in § 1610.6. 

(d) Film means any non-rigid, 

unsupported plastic, rubber or other 

synthetic or natural film or sheeting, 

subject to the Act, or any combination 

thereof, including transparent, and 

opaque material, whether plain, 

embossed, molded, or otherwise surface 

treated, which is in a form or state ready 

for use in wearing apparel, and shall 

include film or sheeting of any 

thickness. 

(e) Flammability means those 

characteristics of a material that pertain 

to its relative ease of ignition and 

relative ability to sustain combustion. 

(f) Flame application time means the 

1 second during which the ignition 

flame is applied to the test specimen. 

(g) Ignition means that there is a selfsustaining flame on the specimen after 

the test flame is removed. 

(h) Interlining means any textile 

which is intended for incorporation into 

an article of wearing apparel as a layer 

between an outer shell and an inner 

lining. 

(i) Laundering means washing with an 

aqueous detergent solution and includes 

rinsing, extraction and tumble drying as 

described in § 1610.6. 

(j) Long dimension means the 150 mm 

(6 in) length of test specimen. 

(k) Plain surface textile fabric means 

any textile fabric which does not have 

an intentionally raised fiber or yarn 

surface such as a pile, nap, or tuft, but 

shall include those fabrics that have 

fancy woven, knitted or flock-printed 

surfaces. 

(l) Raised surface textile fabric means 

any textile fabric with an intentionally 

raised fiber or yarn surface, such as a 

pile, including flocked pile, nap, or 

tufting. 

(m) Refurbishing means dry cleaning 

and laundering in accordance with 

§ 1610.6. 

(n) Sample means a portion of a lot of 

material which is taken for testing or for 

record keeping purposes. 

(o) Specimen means a 50 mm by 150 

mm (2 in by 6 in) section of sample. 

(p) Stop thread supply means No. 50, 

white, mercerized, 100% cotton sewing 

thread. 

(q) Surface flash means a rapid 

burning of the pile fibers and yarns on 

a raised fiber surface textile that may or 

may not result in base burning. 

(r) Textile fabric means any coated or 

uncoated material subject to the Act, 

except film and fabrics having a nitrocellulose fiber, finish, or coating, which 

is woven, knitted, felted or otherwise 

produced from any natural or manmade 

fiber, or substitute therefore, or 

combination thereof, of 50 mm (2 in) or 

more in width, and which is in a form 

or state ready for use in wearing 

apparel, including fabrics which have 

undergone further processing, such as 

dyeing and finishing, in garment form, 

for consumer use. 

§ 1610.3 Summary of test method. 

The Standard provides methods of 

testing the flammability of textiles from 

or intended to be used for apparel; 

establishes three classes of flammability; 

sets forth the requirements for 

classifying textiles; and prohibits the 

use of single or multi-layer textile 

fabrics that have burning characteristics 

that make them unsuitable for apparel. 

All textiles shall be tested before and 

after refurbishing according to § 1610.6. 

Each specimen cut from the textile shall 

be inserted in a frame, brushed if it has 

a raised fiber surface, and held in a 

special apparatus at an angle of 45°. A 

standardized flame shall be applied to 

the surface near the lower end of the 

specimen for 1 second, and the time 

required for the flame to proceed up the 

fabric a distance of 127 mm (5 in) shall 

be recorded. A notation shall be made 

as to whether the base of a raisedsurface textile fabric ignites or fuses. 

§ 1610.4 Requirements for classifying 

textiles. 

(a) Class 1, Normal Flammability. 

Class 1 textiles exhibit normal 

flammability and are acceptable for use 

in clothing. This class shall include 

textiles which meet the minimum 

requirements set forth in paragraph 

(a)(1) or paragraph (a)(2) of this section. 

(1) Plain surface textile fabric. Such 

textiles in their original state and/or 

after being refurbished as described in 

§ 1610.6(a) and § 1610.6(b), when tested 

as described in § 1610.6, shall be 

classified as Class 1, Normal 

Flammability, when the burn time is 3.5 

seconds or more. 

(2) Raised surface textile fabric. Such 

textiles in their original state and/or 

after being refurbished as described in 

§ 1610.6(a) and § 1610.6(b), when tested 

as described in § 1610.6, shall be 

classified as Class 1, Normal 

Flammability, when the burn time is 

more than 7 seconds, or when they burn 

with a rapid surface flash (0 to 7 

seconds), provided the intensity of the 

flame is so low as not to ignite or fuse 

the base fabric. 

(b) Class 2, Intermediate 

Flammability. Class 2 fabrics, applicable 

only to raised fiber surface textiles, are 

considered to be of intermediate 

flammability, but may be used for 

clothing. This class shall include 

textiles which meet the minimum 

requirements set forth in paragraph 

(b)(2) of this section. 

(1) Plain surface textile fabric. Class 2 

is not applicable to plain surface textile 

fabrics. 

(2) Raised surface textile fabric. Such 

textiles in their original state and/or 

after being refurbished as described in 

§ 1610.6(a) and § 1610.6(b), when tested 

as described in § 1610.6, shall be 

classified as Class 2, Intermediate 

Flammability, when the burn time is 

from 4 through 7 seconds, both 

inclusive, and the base fabric ignites or 

fuses. 

(c) Class 3, Rapid and Intense 

Burning. Class 3 textiles exhibit rapid 

and intense burning, are dangerously 

flammable and shall not be used for 

clothing. This class shall include 

textiles which have burning 

characteristics as described in 

paragraphs (c)(1) and (c)(2) of this 

section. Such textiles are considered 

dangerously flammable because of their 

rapid and intense burning. 

(1) Plain surface textile fabric. Such 

textiles in their original state and/or 

after refurbishing as described in 

§ 1610.6(a) and § 1610.6(b), when tested 

as described in § 1610.6, shall be 

classified as Class 3 Rapid and Intense 

Burning when the time of flame spread 

is less than 3.5 seconds. 

(2) Raised surface textile fabric. Such 

textiles in their original state and/or 

after refurbishing as described in 

§ 1610.6(a) and § 1610.6(b), when tested 


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as described in § 1610.6, shall be 

classified as Class 3 Rapid and Intense 

Burning when the time of flame spread 

is less than 4 seconds and the intensity 

of flame is such as to ignite or fuse the 

base fabric. 

TABLE 1 TO § 1610.4.—SUMMARY OF TEST CRITERIA FOR SPECIMEN CLASSIFICATION

[See also § 1610.7] 

Class Plain surface textile fabric Raised surface textile fabric 

1 .............................. Burn time is 3.5 seconds or more. ACCEPTABLE (3.5 sec 

is a pass).

(1) Burn time is greater than 7.0 seconds or 

(2) Burn time is 0–7 seconds with no base burns. Exhibits 

rapid surface flash only. ACCEPTABLE 

2 .............................. Class 2 is not applicable to plain surface textile fabrics ....... Burn time is 4–7 seconds (inclusive) with base burn. ACCEPTABLE 

3 .............................. Burn time is less than 3.5 seconds. NOT ACCEPTABLE .... Burn time is less than 4.0 seconds with base burn. NOT 

ACCEPTABLE. 

§ 1610.5 Test apparatus and materials. 

(a) Flammability apparatus. The 

flammability test apparatus consists of a 

draft-proof ventilated chamber 

enclosing a standardized ignition 

mechanism, sample rack, and automatic 

timing mechanism. The flammability 

apparatus shall meet the minimum 

requirements for testing as follows. 

(1) Test chamber.—(i) Test chamber 

structure. The test chamber shall be a 

metal, draft-proof ventilated chamber. 

The test chamber shall have inside 

dimensions of 35.3 cm high by 36.8 cm 

wide by 21.6 cm deep (14 in by 14.5 in 

by 8.5 in). There shall be eleven 12.7 

mm diameter (0.5 in) holes equidistant 

along the rear of the top closure. The 

front of the chamber shall be a close 

fitting door with an insert made of clear 

material (i.e., glass, plexiglass) to permit 

observation of the entire test. A 

ventilating strip is provided at the base 

of the door in the front of the apparatus. 

The test chamber to be used in this test 

method is illustrated in Figures 1 

through 3 of this part. 

(ii) Specimen rack. The specimen rack 

provides support for the specimen 

holder (described in paragraph (a)(1)(iii) 

of this section) in which the specimen 

is mounted for testing. The angle of 

inclination shall be 45°. Two guide pins 

projecting downward from the center of 

the base of the rack travel in slots 

provided in the floor of the chamber so 

that adjustment can be made for the 

thickness of the specimen in relation to 

the test flame. A stop shall be provided 

in the base of the chamber to assist in 

adjusting the position of the rack. The 

specimen rack shall be constructed so 

that: it supports the specimen holder in 

a way that does not obstruct air flow 

around the bottom edge of the fabric 

specimen; and the fabric specimen is 

properly aligned with the igniter tip 

during flame impingement. The 

specimen rack to be used in this test 

method is illustrated in Figures 1 and 2 

of this part. Movable rack: Refer to the 

manufacturers’ instruction in relation to 

the adjustment procedure to move the 

rack into the appropriate position for 

the indicator finger alignment. 

(iii) Specimen holder. The specimen 

holder supports and holds the fabric 

specimen. The specimen holder shall 

consist of two 2 mm (0.06 in) thick Ushaped matched metal plates. The plates 

are slotted and loosely pinned for 

alignment. The specimen shall be firmly 

sandwiched in between the metal plates 

with clamps mounted along the sides. 

The two plates of the holder shall cover 

all but 3.8 cm (1.5 in) of the width of 

the specimen for its full length. See 

Figure 3 of this part. The specimen 

holder shall be supported in the draftproof chamber on the rack at an angle 

of 45°. 

(iv) Indicator finger. The position of 

the specimen rack (described in 

paragraph (a)(1)(ii) of this section) shall 

be adjusted, so the tip of the indicator 

finger just touches the surface of the 

specimen. The indicator finger is 

necessary to ensure that the tip of the 

test flame will impinge on the specimen 

during testing. The indicator finger to be 

used in this test method is illustrated in 

Figures 1 and 2 of this part. 

(v) Ignition mechanism. The ignition 

mechanism shall consist of a motor 

driven butane gas jet formed around a 

26-gauge hypodermic needle and creates 

the test flame. The test flame shall be 

protected by a shield. The test flame is 

adjusted to 16 mm (0.625 in) and 

applied to the specimen for 1 second. A 

trigger device is located in the front of 

the apparatus, the pulling or pushing of 

which activates the test flame 

impingement and timing device. 

Electro-mechanical devices (i.e., servomotors, solenoids, micro-switches, and 

electronic circuits, in addition to 

miscellaneous custom made cams and 

rods, shock absorbing linkages, and 

various other mechanical components) 

can be used to control and apply the 

flame impingement. See Figure 7 of this 

part. 

(vi) Draft ventilator strip. A draft 

ventilator strip shall be placed across 

the front opening, sealing the space 

between the sliding door when in 

lowered position and the base on which 

the grid rack is attached. (See Figure 1 

of this part.) 

(vii) Stop weight. The weight, 

attached by means of a clip to the stop 

thread, in dropping actuates the stop 

motion for the timing mechanism. The 

weight shall be at least 30g (1.16 oz). 

(viii) Door. The door shall be a clear 

(i.e., glass or plexiglass) door, close 

fitting and allows for viewing of the 

entire test. 

(ix) Hood. The hood or other suitable 

enclosure shall provide a draft-free 

environment surrounding the test 

chamber. The hood or other suitable 

enclosure shall have a fan or other 

means for exhausting smoke and/or 

fumes produced by testing. 

(2) Stop thread and thread guides.—

(i) Stop thread. The stop thread shall be 

stretched from the spool through 

suitable thread guides provided on the 

specimen holder and chamber walls. 

(ii) Stop thread supply. This supply, 

consisting of a spool of No. 50, white, 

mercerized, 100% cotton sewing thread, 

shall be fastened to the side of the 

chamber and can be withdrawn by 

releasing the thumbscrew holding it in 

position. 

(iii) Thread guides. The thread guides 

permit the lacing of the stop thread in 

the proper position exactly 127 mm (5 

in) from the point where the center of 

the ignition flame impinges on the test 

specimen. The stop thread shall be 9.5 

mm (0.37 in) above and parallel to the 

lower surface of the top plate of the 

specimen holder. This condition can be 

achieved easily and reproducibly with 

the use of a thread guide popularly 

referred to as a ‘‘sky hook’’ suspended 

down from the top panel along with two 

L-shaped thread guides attached to the 


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upper end of the top plate of the 

specimen holder. Two other thread 

guides can be installed on the rear panel 

to draw the thread away from directly 

over the test flame. The essential 

condition, however, is the uniform 

height of 9.5 mm (0.37 in) for the stop 

thread and not the number, placement 

or design of the thread guides. 

(iv) Stop weight thread guide. This 

thread guide shall be used to guide the 

stop thread when attaching the stop 

weight. 

(3) Supply for test flame. (i) The fuel 

supply shall be a cylinder of chemically 

pure (c. p.) butane. 

(ii) The fuel-tank control valve shall 

consist of a sensitive control device for 

regulating the fuel supply at the tank. 

(iii) The flow control device, such as 

a manometer or flow meter, shall be 

sufficient to maintain a consistent flame 

length of 5⁄8 in. 

(4) Timing device. The timing device 

consists of a timer, driving mechanism 

and weight. The timer, by means of 

special attachments, is actuated to start 

by connection with the gas jet. A trigger 

device (described in paragraph (a)(1)(v) 

of this section) activates the flame 

impingement, causing the driving 

mechanism to move the gas jet to its 

most forward position and 

automatically starts the timer at the 

moment of flame impact with the 

specimen. The falling weight, when 

caused to move by severance of the stop 

thread, stops the timer. Time shall be 

read directly and recorded as a burn 

time. Read burn time to 0.1 second. An 

electronic or mechanical timer can be 

used to record the burn time, and 

electro-mechanical devices (i.e., servomotors, solenoids, micro-switches, and 

electronic circuits, in addition to 

miscellaneous custom made cams and 

rods, shock absorbing linkages, and 

various other mechanical components) 

can be used to control and apply the 

flame impingement. 

(b) Specimen preparation equipment 

and materials—(1) Laboratory drying 

oven. This shall be a forced circulation 

drying oven capable of maintaining 105° 

± 3° C (221° ± 5° F) for 30 ± 2 minutes 

to dry the specimens while mounted in 

the specimen holders. 

(2) Desiccator. This shall be an 

airtight and moisture tight chamber 

capable of holding the specimens 

horizontally without contacting each 

other during the cooling period 

following drying, and shall contain 

silica gel desiccant. 

(3) Desiccant. Anhydrous silica gel 

shall be used as the desiccant. 

(4) Automatic washing machine. The 

automatic washing machine shall be as 

described in § 1610.6(b)(1)(ii). 

(5) Automatic tumble dryer. The 

automatic tumble dryer shall be as 

described in § 1610.6(b)(1)(ii). 

(6) Commercial dry cleaning machine. 

The commercial dry cleaning machine 

shall be capable of providing a complete 

automatic dry-to-dry cycle using 

perchloroethylene solvent and a 

cationic drycleaning detergent as 

specified in § 1610.6(b)(1)(i). 

(7) Dry cleaning solvent. The solvent 

shall be perchloroethylene, commercial 

grade. 

(8) Dry cleaning detergent. The dry 

cleaning detergent shall be cationic 

class. 

(9) Laundering detergent. The 

laundering detergent shall be as 

specified in § 1610.6(b)(1)(ii). 

(10) Brushing device. The brushing 

device shall consist of a base board over 

which a small carriage is drawn. See 

Figure 4 of this part. This carriage runs 

on parallel tracks attached to the edges 

of the upper surface of the base board. 

The brush is hinged with pin hinges at 

the rear edge of the base board and rests 

on the carriage vertically with a 

pressure of 150 gf (0.33 lbf). The brush 

shall consist of two rows of stiff nylon 

bristles mounted with the tufts in a 

staggered position. The bristles are 0.41 

mm (0.016 in) in diameter and 19 mm 

(0.75 in) in length. There are 20 bristles 

per tuft and 4 tufts per inch. See Figure 

6 of this part. A clamp is attached to the 

forward edge of the movable carriage to 

permit holding the specimen on the 

carriage during the brushing operation. 

The purpose of the metal plate or 

‘‘template’’ on the carriage of the 

brushing device is to support the 

specimen during the brushing 

operation. The template shall be 3.2 mm 

(0.13 in) thick. See Figure 5 of this part. 

§ 1610.6 Test procedure. 

The test procedure is divided into two 

steps. Step 1 is testing in the ‘‘as 

received’’ or original state; Step 2 is 

testing after the fabric has been 

refurbished according to paragraph 

(b)(1) of this section. 

(a) Step 1—Testing in the ‘‘as 

received’’ or original state. (1) Tests 

shall be conducted on the fabric in a 

form or state ready for use in wearing 

apparel. Determine whether the fabric to 

be tested is a plain surface textile fabric 

or a raised surface textile fabric as 

defined in § 1610.2 (k) and (l). There are 

some fabrics that require extra attention 

when preparing test specimens because 

of their particular construction 

characteristics. Examples of these 

fabrics are provided in paragraphs 

(a)(1)(i) through (vi) of this section along 

with guidelines for preparing specimens 

from these fabrics. This information is 

not intended to be all-inclusive. 

(i) Flocked fabrics. Fabrics that are 

flocked overall are treated as raised 

surface textile fabrics as defined in 

§ 1610.2(l). Flock printed fabrics 

(usually in a pattern and not covering 

the entire surface) shall be treated as 

plain surface textile fabrics as defined in 

§ 1610.2(k). 

(ii) Cut velvet fabrics. Cut velvet 

fabrics with a patterned construction 

shall be considered a raised surface 

textile fabric as defined in § 1610.2(l). 

(iii) Metallic thread fabrics. Metallic 

thread fabrics shall be considered plain 

surface textile fabrics provided the base 

fabric is smooth. The specimens shall be 

cut so that the metallic thread is parallel 

to the long dimension of the specimen 

and arranged so the test flame impinges 

on a metallic thread. 

(iv) Embroidery. Embroidery on 

netting material shall be tested with two 

sets of preliminary specimens to 

determine the most flammable area 

(which offers the greatest amount of 

netting or embroidery in the 150 mm (6 

in.) direction). One set of netting only 

shall be tested and the other set shall 

consist mainly of embroidery with the 

specimens cut so that the test flame 

impinges on the embroidered area. Test 

the most flammable area according to 

the plain surface textile fabric 

requirements. The full test shall be 

completed on a sample cut from the area 

that has the fastest burn rate. 

(v) Burn-out patterns. Flat woven 

constructions with burn-out patterns 

shall be considered plain surface textile 

fabrics as defined in § 1610.2(k). 

(vi) Narrow fabrics and loose fibrous 

materials. Narrow fabrics and loose 

fibrous materials manufactured less 

than 50 mm (2 in) in width in either 

direction shall not be tested. If a 50 mm 

by 150 mm (2 in by 6 in) specimen 

cannot be cut due to the nature of the 

item, i.e. hula skirts, leis, fringe, loose 

feathers, wigs, hairpieces, etc., do not 

conduct a test. 

(2) Plain surface textile fabrics—(i) 

Preliminary trials. Conduct preliminary 

trials to determine the quickest burning 

direction. The specimen size shall be 50 

mm by 150 mm (2 in by 6 in). Cut one 

specimen from each direction of the 

fabric. Identify the fabric direction being 

careful not to make any identifying 

marks in the exposed area to be tested. 

Preliminary specimens shall be 

mounted and conditioned as described 

in paragraphs (a)(2)(ii) through (iv) of 

this section and then tested following 

the procedure in paragraph (c) of this 

section to determine if there is a 

difference in the burning characteristics 


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with respect to the direction of the 

fabric. 

(ii) Identify and cut test specimens. 

Cut the required number of test 

specimens to be tested (refer to 

§ 1610.7(b)(1)). Each specimen shall be 

50 mm by 150 mm (2 in by 6 in), with 

the long dimension in the direction in 

which burning is most rapid as 

established in the preliminary trials. Be 

careful not to make any identifying 

marks in the exposed area to be tested. 

(iii) Mount specimens. Specimens 

shall be placed in the holders, with the 

side to be burned face up. Even though 

plain surface textile fabrics are not 

brushed, all specimens shall be 

mounted in a specimen holder placed 

on the carriage that rides on the 

brushing device to ensure proper 

position in the holder. A specimen shall 

be placed between the two metal plates 

of a specimen holder and clamped. Each 

specimen shall be mounted and 

clamped prior to conditioning and 

testing. 

(iv) Condition specimens. All 

specimens mounted in the holders shall 

then be placed in a horizontal position 

on an open metal shelf in the oven to 

permit free circulation of air around 

them. The specimens shall be dried in 

the oven for 30 ± 2 minutes at 105° ± 

3 °C (221° ± 5 °F), removed from the 

oven and placed over a bed of 

anhydrous silica gel desiccant in a 

desiccator until cool, but not less than 

15 minutes. 

(v) Flammability test. Follow the test 

procedure in paragraph (c) of this 

section and also follow the test 

sequence in § 1610.7(b)(1). 

(3) Raised surface textile fabrics.—(i) 

Preliminary trials. The most flammable 

surface of the fabric shall be tested. 

Conduct preliminary trials and/or visual 

examination to determine the quickest 

burning area. The specimen size shall be 

50 mm by 150 mm (2 in by 6 in). For 

raised surface textile fabrics, the 

direction of the lay of the surface fibers 

shall be parallel with the long 

dimension of the specimen. Specimens 

shall be taken from that part of the 

raised fiber surface that appears to have 

the fastest burn time. For those fabrics 

where it may be difficult to visually 

determine the correct direction of the 

lay of the raised surface fibers, 

preliminary tests can be done to 

determine the direction of the fastest 

burn time. For textiles with varying 

depths of pile, tufting, etc., the 

preliminary test specimens are taken 

from each depth of pile area to 

determine which exhibits the quickest 

rate of burning. A sufficient number of 

preliminary specimens shall be tested to 

provide adequate assurance that the 

raised surface textile fabric will be 

tested in the quickest burning area. 

Preliminary specimens shall be 

mounted and conditioned as described 

below and tested following the 

procedure in paragraph (c) of this 

section. 

(ii) Identify and cut test specimens. 

Cut the required number of specimens 

(refer to § 1610.7(b)(3)) to be tested. 

Each specimen shall be 50 mm by 150 

mm (2 in by 6 in), with the specimen 

taken from the direction in which 

burning is most rapid as established in 

the preliminary trials and/or visual 

examination. Be careful not to make any 

identifying marks in the exposed area to 

be tested. 

(iii) Mount specimens. Prior to 

mounting the specimen, run a fingernail 

along the 150 mm (6 in) edge of the 

fabric not more than 6.4 mm (0.25 in) 

in from the side to determine the lay of 

the surface fibers. All specimens shall 

be mounted in a specimen holder 

placed on the carriage that rides on the 

brushing device. The specimens shall be 

mounted with the side to be burned face 

up and positioned so the lay of the 

surface fibers is going away from the 

closed end of the specimen holder. The 

specimen must be positioned in this 

manner so that the brushing procedure 

described in paragraph (a)(3)(iv) of this 

section will raise the surface fibers, i.e., 

the specimen is brushed against the 

direction of the lay of the surface fibers. 

The specimen shall be placed between 

the two metal plates of the specimen 

holder and clamped. 

(iv) Brush specimens. After mounting 

in the specimen holder (and with the 

holder still on the carriage that rides on 

the brushing device) each specimen 

shall be brushed one time. The carriage 

is pushed to the rear of the brushing 

device, and the brush lowered to the 

face of the specimen. The carriage shall 

be drawn forward by hand once against 

the lay of the surface fibers at a uniform 

rate. Brushing of a specimen shall be 

performed with the specimen mounted 

in a specimen holder. The purpose of 

the metal plate or ‘‘template’’ on the 

carriage of the brushing device is to 

support the specimen during the 

brushing operation. 

(v) Condition specimens. All 

specimens (mounted and brushed) in 

the holders shall be then placed in a 

horizontal position on an open metal 

shelf in the oven to permit free 

circulation of air around them. The 

specimens shall be dried in the oven for 

30 ± 2 minutes at 105° ± 3 °C (221° ± 

5 °F) removed from the oven and placed 

over a bed of anhydrous silica gel 

dessicant in a desiccator until cool, but 

not less than 15 minutes. 

(vi) Conduct flammability test. Follow 

the procedure in paragraph (c) of this 

section and follow the test sequence in 

§ 1610.7(b)(3). 

(b) Step 2—Refurbishing and testing 

after refurbishing. (1) The refurbishing 

procedures are the same for both plain 

surface textile fabrics and raised fiber 

surface textile fabrics. Those samples 

that result in a Class 3, Rapid and 

Intense Burning after Step 1 testing in 

the ‘‘as received’’ or original state shall 

not be refurbished and do not undergo 

Step 2. 

(i) Dry cleaning procedure. (A) All 

samples shall be dry cleaned before they 

undergo the laundering procedure. 

Samples shall be dry cleaned in a 

commercial dry cleaning machine, using 

the following prescribed conditions: 

Solvent: Perchloroethylene, commercial 

grade 

Detergent class: Cationic 

Cleaning time: 10–15 minutes 

Extraction time: 3 minutes 

Drying Temperature: 60 ¥ 66 °C (140 ¥ 150 

°F) 

Drying Time: 18–20 minutes 

Cool Down/Deodorization time: 5 minutes 

(B) Samples shall be dry cleaned in a 

load that is 80% of the machine’s 

capacity. If necessary, ballast consisting 

of clean textile pieces or garments, 

white or light in color and consisting of 

approximately 80% wool and 20% 

polyester, shall be used. 

(ii) Laundering procedure. The 

sample, after being subjected to the dry 

cleaning procedure, shall be washed 

and dried one time in accordance with 

sections 8.2.2, 8.2.3 and 8.3.1(A) of 

AATCC Test Method 124–2001 

‘‘Appearance of Fabrics after Repeated 

Home Laundering.’’ Washing shall be 

performed in accordance with sections 

8.2.2 and 8.2.3 of AATCC Test Method 

124–2001 using wash water temperature 

(V) (149° ± 5 °F; 60° ± 3 °C) specified 

in Table II of that method, and the water 

level, agitator speed, washing time, spin 

speed and final spin cycle specified for 

‘‘Normal/Cotton Sturdy’’ in Table III. A 

maximum wash load shall be 8 pounds 

(3.63 kg) and may consist of any 

combination of test samples and dummy 

pieces. Drying shall be performed in 

accordance with section 8.3.1(A) of that 

test method, Tumble Dry, using the 

exhaust temperature (150° ± 10 °F; 66° 

± 5 °C) and cool down time of 10 

minutes specified in the ‘‘Durable 

Press’’ conditions of Table IV. 

(2) Testing plain surface textile fabrics 

after refurbishing. The test procedure is 

the same as for Step 1—Testing in the 

‘‘as received’’ or original state described 

in paragraph (a)(1) of this section; also 

follow the test sequence § 1610.7(b)(2). 


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8854 Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Proposed Rules 

(3) Testing raised fiber surface textile 

fabrics after refurbishing. The test 

procedure is the same as for Step 1—

Testing in the ‘‘as received’’ or original 

state as described in paragraph (a)(3) of 

this section; also follow the test 

sequence in § 1610.7(b)(4). 

(c) Procedure for testing flammability. 

(1) The test chamber shall be located 

under the hood (or other suitable 

enclosure) with the fan turned off. Open 

the control valve in the fuel supply. 

Allow approximately 5 minutes for the 

air to be drawn from the fuel line, ignite 

the gas and adjust the test flame to a 

length of 16 mm (5⁄8 in), measured from 

its tip to the opening in the gas nozzle. 

(2) Remove one mounted specimen 

from the desiccator at a time and place 

it in a position on the rack in the 

chamber of the apparatus. Thick fabrics 

may require adjustment of the specimen 

rack so that the tip of the indicator 

finger just touches the surface of the 

specimen. 

(3) Adjust the position of the 

specimen rack of the flammability test 

chamber so that the tip of the indicator 

finger just touches the face of the 

mounted specimen. 

(4) String the stop thread through the 

guides in the upper plate of the 

specimen holder across the top of the 

specimen, and through any other thread 

guide(s) of the chamber. Hook the stop 

weight in place close to and just below 

the stop weight thread guide. Set the 

timing mechanism to zero. Close the 

door of the flammability test chamber. 

(5) Begin the test within 45 seconds 

of the time the specimen was removed 

from the desiccator. Activate the trigger 

device to impinge the test flame. The 

trigger device controls the impingement 

of the test flame onto the specimen and 

starts the timing device. The timing is 

automatic and stops when the weight is 

released by the severing of the stop 

thread. 

(6) At the end of each test, turn on the 

hood fan to exhaust any fumes or smoke 

produced during the test. 

(7) Record the burn time (reading of 

the timer) for each specimen, along with 

visual observation using the test result 

codes given in § 1610.8. If there is no 

burn time, record the visual observation 

using the test result codes. Please note 

for raised fiber surface textile fabrics, 

specimens should be allowed to 

continue burning, even though a burn 

rate is measured, to determine if the 

base fabric will fuse. 

(8) After exhausting all fumes and 

smoke produced during the test, turn off 

the fan before testing the next specimen. 

§ 1610.7 Test sequence and classification 

criteria. 

(a) Preliminary and final 

classifications. Preliminary 

classifications are assigned based on the 

test results both before and after 

refurbishing. The final classification 

shall be the preliminary classification 

before or after refurbishing, whichever 

is the more severe flammability 

classification. 

(b) Test sequence and classification 

criteria. (1) Step 1, Plain Surface Textile 

Fabrics in the ‘‘as received’’ or original 

state. 

(i) Conduct preliminary tests in 

accordance with § 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 § 1610.6(b) or to test five 

additional specimens. 

(iii) Assign the preliminary 

classification of Class 1, Normal 

Flammability and proceed to § 1610.6(b) 

when: 

(A) There are no burn times; or 

(B) There is only one burn time and 

it is equal to or greater than 3.5 seconds; 

or 

(C) The average burn time of two or 

more specimens is equal to or greater 

than 3.5 seconds. 

(iv) Test five additional specimens 

when there is either only one burn time, 

and it is less than 3.5 seconds; or there 

is an average burn time of less than 3.5 

seconds. Test these five additional 

specimens from the fastest burning 

direction as previously determined by 

the preliminary specimens. The burn 

times for the 10 specimens determine 

whether to: 

(A) Stop testing and assign the final 

classification as Class 3, Rapid and 

Intense Burning only when there are 

two or more burn times with an average 

burn time of less than 3.5 seconds; or 

(B) Assign the preliminary 

classification of Class 1, Normal 

Flammability and proceed to § 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 § 1610.6(b)(1). 

(i) Conduct preliminary tests in 

accordance with § 1610.6(a)(2)(i) to 

determine the fastest burning direction 

of the fabric. 

(ii) Prepare and test five specimens 

from the fastest burning direction. The 

burn times determine whether to stop 

testing and assign the preliminary 

classification or to test five additional 

specimens. 

(iii) Stop testing and assign the 

preliminary classification of Class 1, 

Normal Flammability, when: 

(A) There are no burn times; or 

(B) There is only one burn time, and 

it is equal to or greater than 3.5 seconds; 

or 

(C) There is an average burn time 3.5 

seconds or greater. 

(iv) Test five additional specimens 

when there is only one burn time, and 

it is less than 3.5 seconds; or there is an 

average burn time less than 3.5 seconds. 

Test five additional specimens from the 

fastest burning direction as previously 

determined by the preliminary 

specimens. The burn times for the 10 

specimens determine the preliminary 

classification when: 

(A) There are two or more burn times 

with an average burn time of 3.5 

seconds or greater. The preliminary 

classification is Class 1, Normal 

Flammability; or 

(B) There are two or more burn times 

with an average burn time of less than 

3.5 seconds. The preliminary and final 

classification is Class 3, Rapid and 

Intense Burning; or 

(v) If there is only one burn time out 

of the 10 specimens, the test results are 

inconclusive. The fabric cannot be 

classified. 

(3) Step 1, Raised Surface Textile 

Fabric in the ‘‘as received’’ or original 

state. 

(i) Determine the area to be most 

flammable per § 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 § 1610.6(b) 

or to test five additional specimens. 

(iii) Assign the preliminary 

classification and proceed to § 1610.6(b) 

when: 

(A) There are no burn times. The 

preliminary classification is Class 1, 

Normal Flammability; or 

(B) There is only one burn time and 

it is less than 4 seconds without a base 

burn, or it is 4 seconds or greater with 

or without a base burn. The preliminary 

classification is Class 1, Normal 

Flammability; or 

(C) There are no base burns regardless 

of the burn time(s). The preliminary 

classification is Class 1, Normal 

Flammability; or 

(D) There are two or more burn times 

with an average burn time of 0–7 

seconds with a surface flash only. The 


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Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Proposed Rules 8855 

preliminary classification is Class 1, 

Normal Flammability; or 

(E) There are two or more burn times 

with an average burn time greater than 

7 seconds with any number of base 

burns. The preliminary classification is 

Class 1, Normal Flammability; or 

(F) There are two or more burn times 

with an average burn time of 4 through 

7 seconds (both inclusive) with no more 

than one base burn. The preliminary 

classification is Class 1, Normal 

Flammability; or 

(G) There are two or more burn times 

with an average burn time less than 4 

seconds with no more than one base 

burn. The preliminary classification is 

Class 1, Normal Flammability; or 

(H) There are two or more burn times 

with an average burn time of 4 through 

7 seconds (both inclusive) with two or 

more base burns. The preliminary 

classification is Class 2, Intermediate 

Flammability. 

(iv) Test five additional specimens 

when the tests of the initial five 

specimens result in either of the 

following: There is only one burn time 

and it is less than 4 seconds with a base 

burn; or the average of two or more burn 

times is less than 4 seconds with two or 

more base burns. Test these five 

additional specimens from the most 

flammable area. The burn times and 

visual observations for the 10 specimens 

will determine whether to: 

(A) Stop testing and assign the final 

classification only if the average burn 

time for the 10 specimens is less than 

4 seconds with three or more base 

burns. The final classification is Class 3, 

Rapid and Intense Burning; or 

(B) Assign the preliminary 

classification and continue on to 

§ 1610.6(b) when: 

(1) The average burn time is less than 

4 seconds with no more than two base 

burns. The preliminary classification is 

Class 1, Normal Flammability; or 

(2) The average burn time is 4–7 

seconds (both inclusive) with no more 

than 2 base burns. The preliminary 

classification is Class 1, Normal 

Flammability, or 

(3) The average burn time is greater 

than 7 seconds. The preliminary 

classification is Class 1, Normal 

Flammability; or 

(4) The average burn time is 4 through 

7 seconds (both inclusive) with three or 

more base burns. The preliminary 

classification is Class 2, Intermediate 

Flammability, or 

(v) If there is only one burn time out 

of the 10 specimens, the test is 

inconclusive. The fabric cannot be 

classified. 

(4) Step 2, Raised Surface Textile 

Fabric After Refurbishing in accordance 

with § 1610.6(b). 

(i) Determine the area to be most 

flammable in accordance with 

§ 1610.6(a)(3)(i). 

(ii) Prepare and test five specimens 

from the most flammable area. Burn 

times and visual observations determine 

whether to stop testing and determine 

the preliminary classification or to test 

five additional specimens. 

(iii) Stop testing and assign the 

preliminary classification when: 

(A) There are no burn times. The 

preliminary classification is Class 1, 

Normal Flammability; or 

(B) There is only one burn time, and 

it is less than 4 seconds without a base 

burn; or it is 4 seconds or greater with 

or without a base burn. The preliminary 

classification is Class 1, Normal 

Flammability; or 

(C) There are no base burns regardless 

of the burn time(s). The preliminary 

classification is Class 1, Normal 

Flammability; or 

(D) There are two or more burn times 

with an average burn time of 0 to 7 

seconds with a surface flash only. The 

preliminary classification is Class 1, 

Normal Flammability; or 

(E) There are two or more burn times 

with an average burn time greater than 

7 seconds with any number of base 

burns. The preliminary classification is 

Class 1, Normal Flammability; or 

(F) There are two or more burn times 

with an average burn time of 4 through 

7 seconds (both inclusive) with no more 

than one base burn. The preliminary 

classification is Class 1, Normal 

Flammability; or 

(G) There are two or more burn times 

with an average burn time less than 4 

seconds with no more than one base 

burn. The preliminary classification is 

Class 1, Normal Flammability; or 

(H) There are two or more burn times 

with an average burn time of 4 through 

7 seconds (both inclusive) with two or 

more base burns. The preliminary 

classification is Class 2, Intermediate 

Flammability. 

(iv) Test five additional specimens 

when the tests of the initial five 

specimens result in either of the 

following: There is only one burn time, 

and it is less than 4 seconds with a base 

burn; or the average of two or more burn 

times is less than 4 seconds with two or 

more base burns. 

(v) If required, test five additional 

specimens from the most flammable 

area. The burn times and visual 

observations for the 10 specimens 

determine the preliminary classification 

when: 

(A) The average burn time is less than 

4 seconds with no more than two base 

burns. The preliminary classification is 

Class 1, Normal Flammability; or 

(B) The average burn time is less than 

4 seconds with three or more base 

burns. The preliminary and final 

classification is Class 3, Rapid and 

Intense Burning; or 

(C) The average burn time is greater 

than 7 seconds. The preliminary 

classification is Class 1, Normal 

flammability; or 

(D) The average burn time is 4–7 

seconds (both inclusive), with no more 

than two base burns. The preliminary 

classification is Class 1, Normal 

Flammability; or 

(E) The average burn time is 4–7 

seconds (both inclusive), with three or 

more base burns. The preliminary 

classification is Class 2, Intermediate 

Flammability; or 

(vi) If there is only one burn time out 

of the 10 specimens, the test is 

inconclusive. The fabric cannot be 

classified. 

§ 1610.8 Reporting results. 

(a) The reported result shall be the 

classification before or after 

refurbishing, whichever is the more 

severe; and based on this result, the 

textile shall be placed in the proper 

final classification as described in 

§ 1610.4. 

(b) Test result codes. The following 

are the definitions for the test result 

codes, which shall be used for recording 

flammability results for each specimen 

that is burned. 

(1) For Plain Surface Textile Fabrics: 

DNI Did not ignite 

IBE Ignited, but extinguished 

*IBE Ignited, but extinguished, the asterisk 

(*) denotes a burn that goes under the 

stop thread without breaking the stop 

thread. 

_._ sec. Actual burn time measured and 

recorded by the timing device in 0.0 

seconds. 

(2) For Raised Surface Textile Fabrics: 

SF uc Surface flash, under the stop thread, 

but does not break the stop thread. 

SF pw Surface flash, part way. No time 

shown because the surface flash did not 

reach the stop thread. 

SF poi Surface flash, at the point of 

impingement only (equivalent to ‘‘did 

not ignite’’ for plain surfaces). 

_._ sec. Actual burn time measured by the 

timing device in 0.0 seconds. 

_._ SF only Time in seconds, surface flash 

only. No damage to the base fabric. 

_._ SFBB Time in seconds, surface flash 

base burn. Base starts burning at points 

other than the point of impingement. 

_._ SFBB poi Time in seconds, surface flash 

base burn starting at the point of 

impingement. 


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8856 Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Proposed Rules 

_._ SFBB poi* Time in seconds, surface 

flash base burn possibly starting at the 

point of impingement. The asterisk is 

accompanied by the following statement: 

‘‘Unable to make absolute determination 

as to source of base burns.’’ This 

statement is added to the result of any 

specimen if there is a question as to 

origin of the base burn. 

Subpart B—Rules and Regulations 

§ 1610.31 Definitions. 

In addition to the definitions 

provided in section 2 of the Flammable 

Fabrics Act as amended (15 U.S.C. 

1191), and in § 1610.2 of the Standard, 

the following definitions apply for this 

subpart. 

(a) Act means the ‘‘Flammable Fabrics 

Act’’ (approved June 30, 1953, Pub. Law 

88, 83d Congress, 1st sess., 15 U.S.C. 

1191; 67 Stat. 111) as amended, 68 Stat. 

770, August 23, 1954. 

(b) Rule, rules, regulations, and rules 

and regulations, mean the rules and 

regulations prescribed by the 

Commission pursuant to section 5(c) of 

the act. 

(c) United States means, the several 

States, the District of Columbia, the 

Commonwealth of Puerto Rico and the 

Territories, and Possessions of the 

United States. 

(d) Marketing or handling means the 

transactions referred to in section 3 of 

the Flammable Fabrics Act, as amended 

in 1967. 

(e) Test means the application of the 

relevant test method prescribed in the 

procedures provided under section 4(a) 

of the Act (16 CFR part 1609). 

(f) Finish type means a particular 

finish, but does not include such 

variables as changes in color, pattern, 

print, or design, or minor variations in 

the amount or type of ingredients in the 

finish formulation. Examples of finish 

types would be starch finishes, resin 

finishes or parchmentized finishes. 

(g) Uncovered or exposed part means 

that part of an article of wearing apparel 

that might during normal wear be open 

to flame or other means of ignition. The 

outer surface of an undergarment is 

considered to be an uncovered or 

exposed part of an article of wearing 

apparel, and thus subject to the Act. 

Other examples of exposed parts of an 

article of wearing apparel subject to the 

Act include, but are not limited to: 

(1) Linings, with exposed areas, such 

as full front zippered jackets; 

(2) Sweatshirts with exposed raised 

fiber surface inside and capable of being 

worn napped side out; 

(3) Unlined hoods; 

(4) Rolled cuffs. 

§ 1610.32 General requirements. 

No article of wearing apparel or fabric 

subject to the Act and regulations shall 

be marketed or handled if such article 

or fabric, when tested according to the 

procedures prescribed in section 4(a) of 

the Act (16 CFR part 1609), is so highly 

flammable as to be dangerous when 

worn by individuals. 

§ 1610.33 Test procedures for textile 

fabrics and film. 

(a)(1) All textile fabrics (except those 

with a nitro-cellulose fiber, finish or 

coating) intended or sold for use in 

wearing apparel, and all such fabrics 

contained in articles of wearing apparel, 

shall be subject to the requirements of 

the Act, and shall be deemed to be so 

highly flammable as to be dangerous 

when worn by individuals if such 

fabrics or any uncovered or exposed 

part of such articles of wearing apparel 

exhibits rapid and intense burning 

when tested under the conditions and in 

the manner prescribed in subpart A of 

this part 1610. 

(2) Notwithstanding the provisions of 

paragraph (a)(1) of this section, coated 

fabrics, except those with a nitrocellulose coating, may be tested under 

the procedures outlined in part 1611, 

Standard for the Flammability of Vinyl 

Plastic Film, and if such coated fabrics 

do not exhibit a rate of burning in 

excess of that specified in § 1611.3 they 

shall not be deemed to be so highly 

flammable as to be dangerous when 

worn by individuals. 

(b) All film, and textile fabrics with a 

nitro-cellulose fiber, finish or coating 

intended or sold for use in wearing 

apparel, and all film and such textile 

fabrics referred to in this rule which are 

contained in articles of wearing apparel, 

shall be subject to the requirements of 

the Act, and shall be deemed to be so 

highly flammable as to be dangerous 

when worn by individuals if such film 

or such textile fabrics or any uncovered 

or exposed part of such articles of 

wearing apparel exhibit a rate of 

burning in excess of that specified in 

part 1611, Standard for the 

Flammability of Vinyl Plastic Film. 

§ 1610.34 Only uncovered or exposed 

parts of wearing apparel to be tested. 

(a) In determining whether an article 

of wearing apparel is so highly 

flammable as to be dangerous when 

worn by individuals, only the 

uncovered or exposed part of such 

article of wearing apparel shall be tested 

according to the applicable procedures 

set forth in § 1610.6. 

(b) If the outer layer of plastic film or 

plastic-coated fabric of a multilayer 

fabric separates readily from the other 

layers, the outer layer shall be tested 

under part 1611—Standard for the 

Flammability of Vinyl Plastic Film. If 

the outer layer adheres to all or a 

portion of one or more layers of the 

underlaying fabric, the multi-layered 

fabric may be tested under either part 

1610—Standard for the Flammability of 

Clothing Textiles or part 1611. However, 

if the conditioning procedures required 

by § 1610.6(a)(2)(iv) and 

§ 1610.6(a)(3)(v) would damage or alter 

the physical characteristics of the film 

or coating, the uncovered or exposed 

layer shall be tested in accordance with 

part 1611. 

(c) Plastic film or plastic-coated fabric 

used, or intended for use as the outer 

layer of disposable diapers is exempt 

from the requirements of the Standard, 

provided that a sample taken from a full 

thickness of the assembled article passes 

the test in the Standard (part 1610 or 

part 1611) otherwise applicable to the 

outer fabric or film when the flame is 

applied to the exposed or uncovered 

surface. See § 1610.36(f) and 

§ 1611.36(f). 

§ 1610.35 Procedures for testing special 

types of textile fabrics under the standard. 

(a) Fabric not customarily washed or 

dry cleaned. (1) Except as provided in 

paragraph (a)(2) of this section, any 

textile fabric or article of wearing 

apparel which, in its normal and 

customary use as wearing apparel 

would not be dry cleaned or washed, 

need not be dry cleaned or washed as 

prescribed in § 1610.6(b) when tested 

under the Standard if such fabric or 

article of wearing apparel, when 

marketed or handled, is marked in a 

clear and legible manner with the 

statement: ‘‘Fabric may be dangerously 

flammable if dry cleaned or washed.’’

An example of the type of fabric referred 

to in this paragraph is bridal illusion. 

(2) Section 1610.3, which requires 

that all textiles shall be refurbished 

before testing, shall not apply to 

disposable fabrics and garments. 

Additionally, such disposable fabrics 

and garments shall not be subject to the 

labeling requirements set forth in 

paragraph (a)(1) of this section. 

(b) A coated fabric need not, upon test 

under the procedures outlined in 

subpart A of part 1610, be dry cleaned 

as set forth in § 1610.6(b)(1)(i). 

(c) In determining whether a textile 

fabric having a raised-fiber surface, 

which surface is to be used in the 

covered or unexposed parts of articles of 

wearing apparel, is so highly flammable 

as to be dangerous when worn by 

individuals, only the opposite surface or 

surface intended to be exposed need be 

tested under the applicable procedures 


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set forth in § 1610.6, providing an 

invoice or other paper covering the 

marketing or handling of such fabric is 

given which clearly designates that the 

raised-fiber surface is to be used only in 

the covered or unexposed parts of 

articles of wearing apparel. 

§ 1610.36 Application of Act to particular 

types of products. 

(a) Interlinings. Fabrics intended or 

sold for processing into interlinings or 

other covered or unexposed parts of 

articles of wearing apparel shall not be 

subject to the provisions of section 3 of 

the Act: Provided, that an invoice or 

other paper covering the marketing or 

handling of such fabrics is given which 

specifically designates their intended 

end use: And provided further, that with 

respect to fabrics which under the 

provisions of section 4 of the Act, as 

amended, are so highly flammable as to 

be dangerous when worn by 

individuals, any person marketing or 

handling such fabrics maintains records 

which show the acquisition, disposition 

and intended end use of such fabrics, 

and any person manufacturing articles 

of wearing apparel containing such 

fabrics maintains records which show 

the acquisition, and use and disposition 

of such fabrics. Any person who fails to 

maintain such records or to furnish such 

invoice or other paper shall be deemed 

to have engaged in the marketing or 

handling of such products for purposes 

subject to the requirements of the Act 

and such person and the products shall 

be subject to the provisions of sections 

3, 6, 7, and 9 of the Act. 

(b) Hats, gloves, and footwear. Fabrics 

intended or sold for use in those hats, 

gloves, and footwear which are 

excluded under the definition of articles 

of wearing apparel in section 2(d) of the 

Act shall not be subject to the 

provisions of section 3 of the Act: 

Provided, that an invoice or other paper 

covering the marketing or handling of 

such fabrics is given which specifically 

designates their intended use in such 

products: And provided further, that 

with respect to fabrics which under the 

provisions of section 4 of the Act, as 

amended, are so highly flammable as to 

be dangerous when worn by 

individuals, any person marketing or 

handling such fabrics maintains records 

which show the acquisition, 

disposition, and intended end use of 

such fabrics, and any person 

manufacturing hats, gloves, or footwear 

containing such fabrics maintains 

records which show the acquisition, end 

use and disposition of such fabrics. Any 

person who fails to maintain such 

records or to furnish such invoice or 

other paper shall be deemed to have 

engaged in the marketing or handling of 

such products for purposes subject to 

the requirements of the Act and such 

person and the products shall be subject 

to the provisions of sections 3, 6, 7, and 

9 of the Act. 

(c) Veils and hats. (1) Ornamental 

millinery veils or veilings when used as 

a part of, in conjunction with, or as a 

hat, are not to be considered such a 

‘‘covering for the neck, face, or 

shoulders’’ as would, under the first 

proviso of section 2(d) of the Act, cause 

the hat to be included within the 

definition of the term ‘‘article of wearing 

apparel’’ where such ornamental 

millinery veils or veilings do not extend 

more than nine (9) inches from the tip 

of the crown of the hat to which they 

are attached and do not extend more 

than two (2) inches beyond the edge of 

the brim of the hat. 

(2) Where hats are composed entirely 

of ornamental millinery veils or veilings 

such hats will not be considered as 

subject to the Act if the veils or veilings 

from which they are manufactured were 

not more than nine (9) inches in width 

and do not extend more than nine (9) 

inches from the tip of the crown of the 

completed hat. 

(d) Handkerchiefs. (1) Except as 

provided in paragraph (d)(2) of this 

section, handkerchiefs not exceeding a 

finished size of twenty-four (24) inches 

on any side or not exceeding five 

hundred seventy-six (576) square inches 

in area are not deemed ‘‘articles of 

wearing apparel’’ as that term is used in 

the Act. 

(2) Handkerchiefs or other articles 

affixed to, incorporated in, or sold as a 

part of articles of wearing apparel as 

decoration, trimming, or for any other 

purpose, are considered an integral part 

of such articles of wearing apparel, and 

the articles of wearing apparel and all 

parts thereof are subject to the 

provisions of the Act. Handkerchiefs or 

other articles intended or sold to be 

affixed to, incorporated in or sold as a 

part of articles of wearing apparel as 

aforesaid constitute ‘‘fabric’’ as that term 

is defined in section 2(e) of the Act and 

are subject to the provisions of the Act, 

such handkerchiefs or other articles 

constitute textile fabrics as the term 

‘‘textile fabric’’ is defined in § 1610.2(r). 

(3) If, because of construction, design, 

color, type of fabric, or any other factor, 

a piece of cloth of a finished type or any 

other product of a finished type appears 

to be likely to be used as a covering for 

the head, neck, face, shoulders, or any 

part thereof, or otherwise appears likely 

to be used as an article of clothing, 

garment, such product is not a 

handkerchief and constitutes an article 

of wearing apparel as defined in and 

subject to the provisions of the Act, 

irrespective of its size, or its description 

or designation as a handkerchief or any 

other term. 

(e) Raised-fiber surface wearing 

apparel. Where an article of wearing 

apparel has a raised-fiber surface which 

is intended for use as a covered or 

unexposed part of the article of wearing 

apparel but the article of wearing 

apparel is, because of its design and 

construction, capable of being worn 

with the raised-fiber surface exposed, 

such raised-fiber surface shall be 

considered to be an uncovered or 

exposed part of the article of wearing 

apparel. Examples of the type of 

products referred to in this paragraph 

are athletic shirts or so-called ‘‘sweat 

shirts’’ with a raised-fiber inner side. 

(f) Multilayer fabric and wearing 

apparel with a film or coating on the 

uncovered or exposed surface. Plastic 

film or plastic-coated fabric used, or 

intended for use, as the outer layer of 

disposable diapers is exempt from the 

requirements of the standard, provided 

that a full thickness of the assembled 

article passes the test in the standard 

otherwise applicable to the outer fabric 

or film when the flame is applied to the 

exposed or uncovered surface. 

§ 1610.37 Reasonable and representative 

tests to support guaranties. 

(a) Purpose. The purpose of this 

§ 1610.37 is to establish requirements 

for reasonable and representative tests 

to support initial guaranties of products, 

fabrics, and related materials which are 

subject to the Standard for the 

Flammability of Clothing Textiles (the 

Standard, 16 CFR part 1610). 

(b) Statutory provisions. (1) Section 

8(a) of the Act (15 U.S.C. 1197(a)) 

provides that no person shall be subject 

to criminal prosecution under section 7 

of the Act (15 U.S.C. 1196) for a 

violation of section 3 of the Act (15 

U.S.C. 1192) if such person establishes 

a guaranty received in good faith to the 

effect that the product, fabric, or related 

material complies with the applicable 

flammability standard. A guaranty does 

not provide the holder any defense to an 

administrative action for an order to 

cease and desist from violation of the 

applicable standard, the Act, and the 

Federal Trade Commission Act (15 

U.S.C. 45), nor to any civil action for 

injunction or seizure brought under 

section 6 of the Act (15 U.S.C. 1195). 

(2) Section 8 of the Act provides for 

two types of guaranties: 

(i) An initial guaranty based on 

‘‘reasonable and representative tests’’

made in accordance with the applicable 

standard issued under the Act; and 


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(ii) A guaranty based on a previous 

guaranty, received in good faith, to the 

effect that reasonable and representative 

tests show conformance with the 

applicable standard. 

(c) Requirements. (1) Each person or 

firm issuing an initial guaranty of a 

product, fabric, or related material 

subject to the Standard shall devise and 

implement a program of reasonable and 

representative tests to support such a 

guaranty. 

(2) The term program of reasonable 

and representative tests as used in this 

§ 1610.37 means at least one test with 

results demonstrating conformance with 

the Standard for the product, fabric or 

related material which is the subject of 

an initial guaranty. The program of 

reasonable and representative tests 

required by this § 1610.37 may include 

tests performed before the effective date 

of this section, and may include tests 

performed by persons or firms outside 

of the territories of the United States or 

other than the one issuing the initial 

guaranty. The number of tests and the 

frequency of testing shall be left to the 

discretion of the person or firm issuing 

the initial guaranty. 

(3) In the case of an initial guaranty 

of a fabric or related material, a program 

of reasonable and representative tests 

may consist of one or more tests of the 

particular fabric or related material 

which is the subject of the guaranty, or 

of a fabric or related material of the 

same ‘‘class’’ of fabrics or related 

materials as the one which is the subject 

of the guaranty. For purposes of this 

§ 1610.37, the term class means a 

category of fabrics or related materials 

having general constructional or 

finished characteristics, sometimes in 

association with a particular fiber, and 

covered by a class or type description 

generally recognized in the trade. 

§ 1610.38 Maintenance of records by those 

furnishing guaranties. 

(a) Any person or firm issuing an 

initial guaranty of a product, fabric, or 

related material which is subject to the 

Standard for the Flammability of 

Clothing Textiles (the Standard, 16 CFR 

part 1610) shall keep and maintain a 

record of the test or tests relied upon to 

support that guaranty. The records to be 

maintained shall show: 

(1) The style or range number, fiber 

composition, construction and finish 

type of each textile fabric or related 

material covered by an initial guaranty; 

or the identification, fiber composition, 

construction and finish type of each 

textile fabric (including those with a 

nitrocellulose fiber, finish or coating), 

and of each related material, used or 

contained in a product of wearing 

apparel covered by an initial guaranty. 

(2) The results of the actual test or 

tests made of the textile fabric or related 

material covered by an initial guaranty; 

or of any fabric or related material used 

in the product of wearing apparel 

covered by an initial guaranty. 

(3) When the person or firm issuing 

an initial guaranty has conducted the 

test or tests relied upon to support that 

guaranty, that person or firm shall also 

include with the information required 

by paragraphs (a)(1) and (2) of this 

section, a sample of each fabric or 

related material which has been tested. 

(b) Persons furnishing guaranties 

based upon class tests shall maintain 

records showing: 

(1) Identification of the class test. 

(2) Fiber composition, construction 

and finish type of the fabrics, or the 

fabrics used or contained in articles of 

wearing apparel so guaranteed. 

(3) A swatch of each class of fabrics 

guaranteed. 

(c) Persons furnishing guaranties 

based upon guaranties received by them 

shall maintain records showing the 

guaranty received and identification of 

the fabrics or fabrics contained in 

articles of wearing apparel guaranteed 

in turn by them. 

(d) The records referred to in this 

section shall be preserved for a period 

of 3 years from the date the tests were 

performed, or in the case of paragraph 

(c) of this section from the date the 

guaranties were furnished. 

(e) Any person furnishing a guaranty 

under section 8(a) of the Act who 

neglects or refuses to maintain and 

preserve the records prescribed in this 

section shall be deemed to have 

furnished a false guaranty under the 

provisions of section 8(b) of the Act. 

§ 1610.39 Shipments under section 11(c) 

of the Act. 

(a) The invoice or other paper relating 

to the shipment or delivery for shipment 

in commerce of articles of wearing 

apparel or textile fabrics for the purpose 

of finishing or processing to render 

them not so highly flammable as to be 

dangerous when worn by individuals, 

shall contain a statement disclosing 

such purpose. 

(b) An article of wearing apparel or 

textile fabric shall not be deemed to fall 

within the provisions of section 11(c) of 

the Act as being shipped or delivered 

for shipment in commerce for the 

purpose of finishing or processing to 

render such article of wearing apparel or 

textile fabric not so highly flammable 

under section 4 of the Act, as to be 

dangerous when worn by individuals, 

unless the shipment or delivery for 

shipment in commerce of such article of 

wearing apparel or textile fabric is made 

directly to the person engaged in the 

business of processing or finishing 

textile products for the prearranged 

purpose of having such article of 

apparel or textile fabric processed or 

finished to render it not so highly 

flammable under section 4 of the Act, as 

to be dangerous when worn by 

individuals, and any person shipping or 

delivering for shipment the article of 

wearing apparel or fabric in commerce 

for such purpose maintains records 

which establish that the textile fabric or 

article of wearing apparel has been 

shipped for appropriate flammability 

treatment, and that such treatment has 

been completed, as well as records to 

show the disposition of such textile 

fabric or article of wearing apparel 

subsequent to the completion of such 

treatment. 

(c) The importation of textile fabrics 

or articles of wearing apparel may be 

considered as incidental to a transaction 

involving shipment or delivery for 

shipment for the purpose of rendering 

such textile fabrics or articles of wearing 

apparel not so highly flammable under 

the provisions of section 4 of the Act, 

as to be dangerous when worn by 

individuals, if: 

(1) The importer maintains records 

which establish that: (i) the imported 

textile fabrics or articles of wearing 

apparel have been shipped for 

appropriate flammability treatment, and 

(ii) Such treatment has been 

completed, as well as records to show 

the disposition of such textile fabrics or 

articles of wearing apparel subsequent 

to the completion of such treatment. 

(2) The importer, at the time of 

importation, executes and furnishes to 

the U.S. Customs and Border Protection 

an affidavit stating: These fabrics (or 

articles of wearing apparel) are 

dangerously flammable under the 

provisions of section 4 of the Act, and 

will not be sold or used in their present 

condition but will be processed or 

finished by the undersigned or by a duly 

authorized agent so as to render them 

not so highly flammable under the 

provisions of section 4 of the Flammable 

Fabrics Act, as to be dangerously 

flammable when worn by individuals. 

The importer agrees to maintain the 

records required by 16 CFR 

1610.39(c)(1). 

(3) The importer, if requested to do so 

by the U.S. Customs and Border 

Protection, furnishes an adequate 

specific-performance bond conditioned 

upon the complete discharge of the 

obligations assumed in paragraphs (c) 

(1) and (2) of this section. 


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(d) The purpose of section 11(c) of the 

Act is only to permit articles of wearing 

apparel or textile fabrics which are 

dangerously flammable to be shipped or 

delivered for shipment in commerce for 

the purpose of treatment or processing 

to render them not dangerously 

flammable. Section 11(c) does not in 

any other respect limit the force and 

effect of sections 3, 6, 7, and 9 of the 

Act. In particular, section 11(c) does not 

authorize the sale or offering for sale of 

any article of wearing apparel or textile 

fabric which is in fact dangerously 

flammable at the time of sale or offering 

for sale, even though the seller intends 

to ship the article for treatment prior to 

delivery to the purchaser or has already 

done so. Moreover, under section 3 of 

the Act a person is liable for a 

subsequent sale or offering for sale if, 

despite the purported completion of 

treatment to render it not dangerously 

flammable, the article in fact remains 

dangerously flammable. 

§ 1610.40 Use of alternate apparatus, 

procedures, or criteria for tests for guaranty 

purposes. 

(a) Section 8(a) of the Act provides 

that no person shall be subject to 

criminal prosecution under section 7 of 

the Act (15 U.S.C. 1196) for a violation 

of section 3 of the Act (15 U.S.C. 1192) 

if that person establishes a guaranty 

received in good faith which meets all 

requirements set forth in section 8 of the 

Act. One of those requirements is that 

the guaranty must be based upon 

‘‘reasonable and representative tests’’ in 

accordance with the applicable 

standard. 

(b) Subpart A of this part 1610 

prescribes apparatus and procedures for 

testing fabrics and garments subject to 

its provisions. See §§ 1610.5 & 1610.6. 

Subpart A prescribes criteria for 

classifying the flammability of fabrics 

and garments subject to its provisions as 

‘‘Normal flammability, Class 1,’’

‘‘Intermediate flammability, Class 2,’’

and ‘‘Rapid and Intense Burning, Class 

3.’’ See § 1610.4. Sections 3 and 4 of the 

Act prohibit the manufacture for sale, 

importation into the United States, or 

introduction in commerce of any fabric 

or article of wearing apparel subject to 

the Standard which exhibits ‘‘rapid and 

intense burning’’ when tested in 

accordance with the Standard. See 16 

CFR part 1609. 

(c) The Commission recognizes that 

for purposes of supporting guaranties, 

‘‘reasonable and representative tests’’

could be either the test in Subpart A of 

this part, or alternate tests which utilize 

apparatus or procedures other than 

those in Subpart A of this part. This 

§ 1610.40 sets forth conditions under 

which the Commission will allow use of 

alternate tests with apparatus or 

procedures other than those in Subpart 

A of this part to serve as the basis for 

guaranties. 

(d)(1) Persons and firms issuing 

guaranties that fabrics or garments 

subject to the Standard meet its 

requirements may base those guaranties 

on any alternate test utilizing apparatus 

or procedures other than those in 

Subpart A of this part, if such alternate 

test is as stringent as, or more stringent 

than, the test in Subpart A of this part. 

The Commission considers an alternate 

test to be ‘‘as stringent as, or more 

stringent than’’ the test in Subpart A of 

this part if, when testing identical 

specimens, the alternate test yields 

failing results as often as, or more often 

than, the test in Subpart A of this part. 

Any person using such an alternate test 

must have data or information to 

demonstrate that the alternate test is as 

stringent as, or more stringent than, the 

test in Subpart A of this part. 

(2) The data or information required 

by this paragraph (d) of this section to 

demonstrate equivalent or greater 

stringency of any alternate test using 

apparatus or procedures other than 

those in Subpart A of this part must be 

in the possession of the person or firm 

desiring to use such alternate test before 

the alternate test may be used to support 

guaranties of items subject to the 

Standard. 

(3) The data or information required 

by paragraph (d) of this section to 

demonstrate equivalent or greater 

stringency of any alternate test using 

apparatus or procedures other than 

those in Subpart A of this part must be 

retained for as long as that alternate test 

is used to support guaranties of items 

subject to the Standard, and for one year 

thereafter. 

(e) Specific approval from the 

Commission in advance of the use of 

any alternate test using apparatus or 

procedures other than those in Subpart 

A is not required. The Commission will 

not approve or disapprove any specific 

alternate test utilizing apparatus or 

procedures other than those in Subpart 

A of this part. 

(f) Use of any alternate test to support 

guaranties of items subject to the 

Standard without the information 

required by this section may result in 

violation of section 8(b)), of the Act (15 

U.S.C. 1197(b)), which prohibits the 

furnishing of a false guaranty. 

(g) The Commission will test fabrics 

and garments subject to the Standard for 

compliance with the Standard using the 

apparatus and procedures set forth in 

Subpart A of this part. The Commission 

will consider any failing results from 

compliance testing as evidence that: 

(1) The manufacture for sale, 

importation into the United States, or 

introduction in commerce of the fabric 

or garment which yielded failing results 

was in violation of the Standard and of 

section 3 of the Act; and 

(2) The person or firm using the 

alternate test as the basis for a guaranty 

has furnished a false guaranty, in 

violation of section 8(b) of the Act. 

(Reporting requirements contained in 

paragraph (d) were approved by Office 

of Management and Budget under 

control number 3041–0024.) 

Subpart C—Interpretations and 

Policies 

§ 1610.61 Reasonable and representative 

testing to assure compliance with the 

standard for the clothing textiles. 

(a) Background. (1) The CPSC 

administers the Flammable Fabrics Act 

(‘‘the Act’’), 15 U.S.C. 1191–1204. Under 

the Act, among other things, the 

Commission enforces the Flammability 

Standard for Clothing Textiles (‘‘the 

Standard’’), 16 CFR part 1610. That 

Standard establishes requirements for 

the flammability of clothing and textiles 

intended to be used for clothing 

(hereinafter ‘‘textiles’’). 

(2) The Standard applies both to 

fabrics and finished garments. The 

Standard provides methods of testing 

the flammability of textiles, and sets 

forth the requirements that textiles must 

meet to be classified into one of three 

classes of flammability (classes 1, 2 and 

3). § 1610.4. Class 1 textiles, those that 

exhibit normal flammability, are 

acceptable for use in clothing. 

§ 1610.4(a)(1) & (2). Class 2 textiles, 

applicable only to raised fiber surfaces, 

are considered to be of intermediate 

flammability, but may be used in 

clothing. § 1610.4(b)(1) & (2). Finally, 

Class 3 textiles, those that exhibit rapid 

and intense burning, are dangerously 

flammable and may not be used in 

clothing. § 1610.4(c)(1) & (2). The 

manufacture for sale, offering for sale, 

importation into the U.S., and 

introduction or delivery for introduction 

of Class 3 articles of wearing apparel are 

among the acts prohibited by section 

3(a) of the Act, 15 U.S.C. 1192(a). 

(3) CPSC currently uses retail 

surveillance, attends appropriate trade 

shows, follows up on reports of 

noncompliance and previous violations, 

and works with U.S. Customs and 

Border Protection in an effort to find 

textiles that violate CPSC’s standards. 

The Commission has a number of 

enforcement options to address 

prohibited acts. These include bringing 


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seizure actions in federal district court 

against violative textiles, seeking an 

order through an administrative 

proceeding that a firm cease and desist 

from selling violative garments, 

pursuing criminal penalties, or seeking 

the imposition of civil penalties for 

‘‘knowing’’ violations of the Act. Of 

particular relevance to the latter two 

remedies is whether reasonable and 

representative tests were performed 

demonstrating that a textile or garment 

meets the flammability standards for 

general wearing apparel. Persons who 

willfully violate flammability standards 

are subject to criminal penalties. 

(4) Section 8(a) of the Act, 15 U.S.C. 

1197(a), exempts a firm from the 

imposition of criminal penalties if the 

firm establishes that a guaranty was 

received in good faith signed by and 

containing the name and address of the 

person who manufactured the 

guarantied wearing apparel or textiles or 

from whom the apparel or textiles were 

received. A guaranty issued by a person 

who is not a resident of the United 

States may not be relied upon as a bar 

to prosecution. 16 CFR 1608.4. The 

guaranty must be based on the 

exempted types of fabrics or on 

reasonable and representative tests 

showing that the fabric covered by the 

guaranty or used in the wearing apparel 

covered by the guaranty is not so highly 

flammable as to be dangerous when 

worn by individuals, i.e., is not a Class 

3 material. (The person proffering a 

guaranty to the Commission must also 

not, by further processing, have affected 

the flammability of the fabric, related 

material or product covered by the 

guaranty that was received.) Under 

§ 1610.37, a person, to issue a guaranty, 

should first evaluate the type of fabric 

to determine if it meets testing 

exemptions in accordance with 

§ 1610.1(d). (Some textiles never exhibit 

unusual burning characteristics and 

need not be tested.) § 1610.1(d). Such 

textiles include plain surface fabrics, 

regardless of fiber content, weighing 2.6 

oz. or more per sq. yd., and plain and 

raised surface fabrics made of acrylic, 

modacrylic, nylon, olefin, polyester, 

wool, or any combination of these 

fibers, regardless of weight.) If no 

exemptions apply, the person issuing 

the guaranty must devise and 

implement a program of reasonable and 

representative tests to support the 

guaranty. The number of tests and 

frequency of testing is left to the 

discretion of that person, but at least 

one test is required. 

(5) In determining whether a firm has 

committed a ‘‘knowing’’ violation of a 

flammability standard that warrants 

imposition of a civil penalty, the CPSC 

considers whether the firm had actual 

knowledge that its products violated the 

flammability requirements. The CPSC 

also considers whether the firm should 

be presumed to have the knowledge that 

would be possessed by a reasonable 

person acting in the circumstances, 

including knowledge that would have 

been obtainable upon the exercise of 

due care to ascertain the truth of 

representations. 15 U.S.C. 1194(e). The 

existence of results of flammability 

testing based on a reasonable and 

representative program and, in the case 

of tests performed by another entity 

(such as a guarantor), the steps, if any, 

that the firm took to verify the existence 

and reliability of such tests, bear 

directly on whether the firm acted 

reasonably in the circumstances. 

(b) Applicability. (1) When tested for 

flammability, a small number of textile 

products exhibit variability in the test 

results; that is, even though they may 

exhibit Class 1 or Class 2 burning 

characteristics in one test, a third test 

may result in a Class 3 failure. Violative 

products that the Commission has 

discovered between 1994 and 1998 

include sheer 100% rayon skirts and 

scarves; sheer 100% silk scarves; 100% 

rayon chenille sweaters; rayon/nylon 

chenille and long hair sweaters; 

polyester/cotton and 100% cotton 

fleece/sherpa garments, and 100% 

cotton terry cloth robes. Between 

August 1994 and August 1998, there 

have been 21 recalls of such 

dangerously flammable clothing, and six 

retailers have paid civil penalties to 

settle Commission staff allegations that 

they knowingly sold garments that 

violated the general wearing apparel 

standard. 

(2) The violations and resulting 

recalls and civil penalties demonstrate 

the critical necessity for manufacturers, 

distributors, importers, and retailers to 

evaluate, prior to sale, the flammability 

of garments made from the materials 

described above, or to seek appropriate 

guaranties that assure that the garments 

comply. Because of the likelihood of 

variable flammability in the small group 

of textiles identified above, one test is 

insufficient to assure reasonably that 

these products comply with the 

flammability standards. Rather, a person 

seeking to evaluate garments made of 

such materials should assure that the 

program tests a sufficient number of 

samples to provide adequate assurance 

that such textile products comply with 

the general wearing apparel standard. 

The number of samples to be tested, and 

the corresponding degree of confidence 

that products tested will comply, are to 

be specified by the individual designing 

the test program. However, in assessing 

the reasonableness of a test program, the 

Commission staff will specifically 

consider the degree of confidence that 

the program provides. 

(c) Suggestions. The following are 

some suggestions to assist in complying 

with the Standard: 

(1) Purchase fabrics or garments that 

meet testing exemptions listed in 

§ 1610.1(d). (If buyers or other personnel 

do not have skills to determine if the 

fabric is exempted, hire a textile 

consultant or a test lab for an 

evaluation.) 

(2) For fabrics that are not exempt, 

conduct reasonable and representative 

testing before cutting and sewing, using 

standard operating characteristic curves 

for acceptance sampling to determine a 

sufficient number of tests. 

(3) Purchase fabrics or garments that 

have been guarantied and/or tested by 

the supplier using a reasonable and 

representative test program that uses 

standard operating characteristic curves 

for acceptance sampling to determine a 

sufficient number of tests. Firms should 

also receive and maintain a copy of the 

guaranty. 

(4) Periodically verify that your 

suppliers are actually conducting 

appropriate testing. 

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Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Proposed Rules 8861 

Figure 1 to Part 1610—Sketch of 

Flammability Apparatus 


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8862 Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Proposed Rules 

Figure 2 to Part 1610—Flammability 

Apparatus Views 


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Figure 3 to Part 1610—Specimen 

Holder Supported in Specimen Rack 


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8864 Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Proposed Rules 

Figure 4 to Part 1610—Igniter 


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Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Proposed Rules 8865 

Figure 5 to Part 1610—Brushing Device 


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Figure 6 to Part 1610—Brush 


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Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Proposed Rules 8867 

Figure 7 to Part 1610—Template 

BILLING CODE 6355–01–C 


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8868 Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Proposed Rules 

Dated: February 13, 2007. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

Note: The following appendix will not 

appear in the Code of Federal Regulations. 

Appendix—List of Relevant Documents 

(The following documents are available 

from the Commission’s Office of the 

Secretary, Consumer Product Safety 

Commission, Room 502, 4330 East West 

Highway, Bethesda, Maryland 20814–4408; 

telephone (301) 504–7923 or from the 

Commission’s Web site (http:// 

www.cpsc.gov/library/foia/foia.html)). 

1. Briefing memorandum from Jacqueline 

Elder, Assistant Executive Director, EXHR 

and Patricia K. Adair, Project Manager, 

Directorate for Engineering Sciences, to the 

Commission, ‘‘Draft Notice of Proposed 

Rulemaking to Amend the Standard for the 

Flammability of Clothing Textiles, 16 CFR 

part 1610,’’ January 10, 2007. 

2. Memorandum from David Miller, EPHA, 

Directorate for Epidemiology, to Patricia K. 

Adair, Project Manager, ‘‘General Wearing 

Apparel Fires,’’ November 7, 2006. 

3. Memorandum from Terrance R. Karels, 

Directorate for Economic Analysis, to Patricia 

K. Adair, Project Manager, ‘‘Amendment to 

the Clothing Textiles Standard,’’ November 

21, 2006. 

4. Memorandum from Gail Stafford and 

Weiying Tao, Directorate for Laboratory 

Sciences, to Patricia K. Adair, Project 

Manager, ‘‘Response to Comments Received 

as a Result of the Advance Notice of 

Proposed Rulemaking (ANPR) for Updating 

the Standard for the Flammability of Clothing 

Textiles,’’ November 21, 2006. 

5. Memorandum from Marilyn Borsari, 

Office of Compliance and Field Operations, 

to Patricia K. Adair, Project Manager, ‘‘ANPR 

to Amend the Standard for the Flammability 

of Clothing Textiles, 16 CFR part 1610, 

November 22, 2006. 

6. Memorandum from Patricia K. Adair, 

ESFS to the File, July 28, 2006. 

7. Memorandum from Cassandra Prioleau, 

Ph.D., Directorate for Health Sciences, to 

Patricia K. Adair, Project Manager, ‘‘Toxicity 

Review of Perchloroethylene,’’ July 6, 2006. 

[FR Doc. 07–779 Filed 2–26–07; 8:45 am] 

BILLING CODE 6355–01–P 


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