[Federal Register Volume 72, Number 38 (Tuesday, February 27, 2007)]
[Proposed Rules]
[Pages 8844-8868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-779]



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Part II





Consumer Product Safety Commission





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16 CFR Part 1610



Standard for the Flammability of Clothing Textiles; Proposed Rule

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

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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1610


Standard for the Flammability of Clothing Textiles; Notice of 
Proposed Rulemaking

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Commission is proposing to amend its flammability standard 
of general wearing apparel, the Standard for the Flammability of 
Clothing Textiles, 16 CFR part 1610. The Standard, originally issued in 
1953, has become outdated in several respects. The Commission is 
proposing changes to better reflect current consumer practices and 
technologies and to clarify several aspects of the Standard.

DATES: Written comments must be received by May 14, 2007. Requests to 
make an oral presentation must be received by April 13, 2007.

ADDRESSES: Written comments should be filed by e-mail to <a href="/cdn-cgi/l/email-protection#8eedfefdeda3e1fdceedfefdeda0e9e1f8"><span class="__cf_email__" data-cfemail="11726162723c7e6251726162723f767e67">[email protected]</span></a>. Comments also may be filed by telefacsimile to (301) 504-
0127, or they may be mailed or delivered, preferably in five copies, to 
the Office of the Secretary, Consumer Product Safety Commission, Room 
502, 4330 East West Highway, Bethesda, Maryland 20814-4408; telephone 
(301) 504-7923. Comments should be captioned ``Clothing NPR.''
    The public may also request an opportunity to present comments 
orally. Such requests should be submitted to the Office of the 
Secretary by e-mail, mail, fax or in person at the addresses or phone 
numbers listed above.

FOR FURTHER INFORMATION CONTACT: Patricia K. Adair, Directorate for 
Engineering Sciences, Consumer Product Safety Commission, 4330 East 
West Highway, Bethesda, Maryland 20814-4408; telephone (301) 504-7536.

SUPPLEMENTARY INFORMATION:

A. Background

1. History of the Standard

    It excludes footwear, interlining fabrics, and some hats and 
gloves. The standard provides a test to determine whether such clothing 
and fabrics exhibit ``rapid and intense burning,'' and are therefore 
highly flammable.
    In 1953, Congress enacted the Flammable Fabrics Act of 1953 
(``FFA''), (Pub. L. 83-88, 67 Stat. 111). As enacted in 1953 and 
amended in 1954, the FFA prohibited the importation, manufacture for 
sale, or the sale in commerce of any article of wearing apparel, which 
is ``so highly flammable as to be dangerous when worn by individuals.'' 
The FFA of 1953 specified that a test, first published by the 
Department of Commerce as a voluntary commercial standard, then called 
``Flammability of Clothing Textiles, Commercial Standard (``CS'') 191-
53,'' shall be used to determine if fabric or clothing is ``so highly 
flammable as to be dangerous when worn by individuals.''
    In 1967, Congress amended the FFA, expanding its coverage and 
authorizing the Secretary of Commerce to issue flammability standards 
through rulemaking. A savings clause kept the flammability standard for 
clothing textiles that the 1953 Act had mandated in effect until 
superseded or modified by the Secretary of Commerce through the 
procedures specified in the 1967 amendment. See section 11 of Pub. L. 
90-189, 81 Stat. 568, December 14, 1967.
    In 1972, Congress established the Consumer Product Safety 
Commission when it enacted the Consumer Product Safety Act (``CPSA''), 
15 U.S.C. 2051 et seq. The CPSA transferred to the Commission the 
authority the Secretary of Commerce had to issue and amend flammability 
standards under the FFA. 15 U.S.C. 2079(b). In 1975, the Commission 
published the FFA of 1953 at 16 CFR 1609 and codified the Standard for 
the Flammability of Clothing Textiles at 16 CFR part 1610.

2. The Current Standard

    Most fabrics are combustible. Some combustible fabrics, when used 
for clothing are potentially dangerous to the wearer because of the 
speed and intensity of flame with which those fabrics burn and their 
ease of ignition and because of the design of the garment. The Standard 
sets out a method for measuring burn time, which is a function of ease 
of ignition and flame spread rate.
    The Commission is not proposing to change the essential aspects of 
the Standard, but rather to update and clarify it. The Standard 
describes a test apparatus and the procedures for testing clothing and 
textiles intended to be used for clothing. It establishes three classes 
of flammability. The classes are based on measurement of burn time, 
along with visual observations of flame intensity. The classes are: 
Class 1 or normal flammability; Class 2 or intermediate flammability; 
and Class 3 or rapid and intense burning. Clothing and textiles that 
are categorized as Class 3 under the prescribed test method are 
considered dangerously flammable. 16 CFR 1610.3.
    To determine the appropriate classification, the Standard 
prescribes the method of testing. Five specimens are subjected to a 
flammability tester. This is a draft-proof ventilated chamber 
containing an ignition medium, a sample rack and an automatic timing 
device. Id. 1610.4(b). The ignition medium is a motor driven gas jet 
around a 26-gage hypodermic needle. Id. 1610.4(b)(6). A swatch of each 
sample must be subjected to the dry cleaning and hand washing procedure 
prescribed by the Standard. Id. 1610.4(d)&(e). To determine results, 
the average time of flame spread is taken for five specimens. However, 
if the time of flame spread is less than 4 seconds (3\1/2\ seconds for 
plain-surfaced fabrics), five additional specimens must be tested and 
the average time of flame spread for these ten specimens, or for as 
many of them as burn, must be taken. Id. 1610.4(g)(7). Classification 
is based on the reported results before and after drycleaning and 
washing, whichever is lower. Id. 1610.4(g)(8).

3. The Products

    The products regulated under the Standard are clothing and fabrics 
intended to be used for clothing. The Standard applies to all items of 
clothing, and fabrics used for such clothing, whether for adults or 
children, for daywear or nightwear. The Commission has other 
regulations governing the flammability of children's sleepwear, 16 CFR 
parts 1615 and 1616, that are more stringent than the general wearing 
apparel flammability standard. The proposed changes discussed in this 
notice would not affect the children's sleepwear standards.

4. The Risk of Injury

    Fatalities where clothing was the first item ignited have declined 
from 311 fatalities in 1980 to 110 fatalities in 2003, the most recent 
year of available data. An average of 122 clothing fire-related 
fatalities occurred annually during 1999-2003. Population fatality 
rates increased with age. In addition, an estimated 3,822 non-fatal 
injuries were treated in hospital emergency departments annually (2000-
2004). Among these non-fatal injuries, 25 percent were serious enough 
to require admission to a hospital (compared to 5% for all consumer 
products). The changes the Commission is proposing will better reflect 
current practices and technologies and clarify some aspects of the 
Standard. These changes should improve the Standard's ability to 
address the risk of injury.

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B. Statutory Provisions

    The FFA sets forth the process by which the Commission can issue or 
amend a flammability standard. The Commission first must issue an 
advance notice of proposed rulemaking (``ANPR'') which it did on 
September 12, 2002, 67 FR 57770.
    The Commission is now issuing a notice of proposed rulemaking 
(``NPR''). As required, this notice contains the text of the proposed 
rule along with alternatives the Commission has considered and a 
preliminary regulatory analysis. 15 U.S.C. 1193(i). Before issuing a 
final rule, the Commission must prepare a final regulatory analysis, 
and it must make certain findings concerning any relevant voluntary 
standard, the relationship of costs and benefits of the rule, and the 
burden imposed by the regulation. Id. 1193(j). In addition, the 
Commission must find that the standard (1) is needed to adequately 
protect the public against the risk of the occurrence of fire leading 
to death, injury or significant property damage, (2) is reasonable, 
technologically practicable, and appropriate, (3) is limited to 
fabrics, related materials or products which present unreasonable 
risks, and (4) is stated in objective terms. 15 U.S.C. 1193(b).
    The Commission also must provide an opportunity for interested 
persons to make an oral presentation before the Commission may issue a 
final rule. Id. 1193(d). The Commission requests that anyone who would 
like to make an oral presentation concerning this rulemaking please 
contact the Commission's Office of the Secretary (address is provided 
in the ADDRESSES section of this notice) within 45 days of publication 
of this notice. If the Commission receives requests to make oral 
comments, a date will be set for a public meeting for that purpose and 
notice of the meeting will be provided in the Federal Register.

C. Proposed Revision

    To reflect changes in consumer garment care practices and to make 
the standard easier to understand, the Commission is proposing certain 
changes to the clothing flammability standard. These are discussed 
below.
    Definitions. Over the years people have expressed confusion over 
the meaning of certain terms and a lack of defined terminology in the 
Standard. In particular, the meaning of the terms ``base burn'' and 
``surface flash'' have caused confusion in interpreting and reporting 
test results for raised surface textile fabrics. These terms are now 
defined in the proposal. In addition, several other relevant terms and 
definitions have been added. These terms include burn time, dry 
cleaning, flammability, flame, ignition, interlining, laundering, long 
dimension, plain surface textile fabric, raised surface textile fabric, 
refurbishing, sample, specimen, and stop thread supply.
    Changes to the flammability tester. The test chamber prescribed in 
the current Standard uses a mechanical timing mechanism and is no 
longer available for purchase. Apparel manufacturers and testing 
laboratories currently use more modern flammability test chambers that 
incorporate electro-mechanical components to apply the ignition flame 
and measure burn time. (The Standard allows alternate procedures if 
they are as stringent as the specified procedure.) A variety of such 
testers are available from a number of manufacturers. The proposed 
revision describes the critical parameters of a modern flammability 
test apparatus and provides diagrams. In 1982, CPSC staff conducted 
some work comparing the flame impingement time of the electrical test 
chamber to that of a chamber with the mechanical timing device and 
found that the electrical test chamber readings were comparable to and 
more consistent than the manual test chamber readings. The proposed 
revisions expressly permit the use of electro-mechanical devices to 
control and apply the flame impingement.
    Refurbishing methods. The Standard requires fabrics to be 
refurbished, that is, dry cleaned and laundered, one time before 
testing. The purpose of this requirement is to remove any non-durable 
solvent or water soluble treatment present on the fabric. It is not 
intended to replicate how the garment would be used or cared for by a 
consumer. Both the dry cleaning and laundering procedures prescribed by 
the current Standard are outdated. The proposal revises these 
procedures to better reflect modern techniques for laundering and dry 
cleaning.
    The method of dry cleaning that the current Standard prescribes 
requires perchloroethylene in an open vessel. However, 
perchloroethylene has been shown to cause cancer in animal tests, and 
use in this manner violates regulations issued by the Environmental 
Protection Agency. The Commission staff has not used this procedure 
since 1986. (The Standard allows alternate procedures if they are as 
stringent as the specified procedure.) Industry and independent 
laboratories have been using an alternative dry cleaning procedure 
provided in ASTM D 1230, Standard Test Method for Apparel Flammability. 
This procedure uses perchlorethylene in a closed environment commercial 
dry cleaning machine for one cycle. Analysis of test data from an ASTM 
interlaboratory round robin indicates that this procedure is as 
stringent as the procedure currently specified in 16 CFR part 1610. 
However, the ASTM standard lacks specifications for solvent type, 
detergent class, cleaning and extraction time, drying time and 
temperature, and cool down/deoderization time. If specific and uniform 
conditions are not followed, test results could vary. Therefore, the 
proposed revision includes specific parameters for these conditions. 
These parameters were suggested by the International Fabricare 
Institute, a trade association for the professional garment care 
industry.
    The current Standard requires that after fabric samples are dry 
cleaned they must be hand washed with neutral chip soap and line dried 
before testing them for flammability. 16 CFR 1610.4(e). However, 
neutral chip soap is no longer available. Most detergents are now non-
phosphate based due to environmental concerns. The proposed revision 
sets forth laundering requirements based on those prescribed in 
American Association of Textile Chemists and Colorists (``AATCC'') 124-
2001, Appearance of Fabrics After Repeated Home Laundering. An earlier 
version of this test method was incorporated into other FFA standards 
in 2000. 65 FR 12924, 12929, and 12935 (March 10, 2000).
    Test procedures. Over the years, manufacturers and testing 
laboratories have expressed confusion regarding the test procedures and 
materials or equipment required by the Standard. Inaccurate sample 
preparation and conditioning undermine the efficacy of the Standard. In 
the ANPR, the Commission identified confusing sections of the test 
procedure, including the instructions for selecting the surface or 
direction of the fabric to be tested, and the directions for 
determining when to test five additional specimens. The proposed 
revision reorganizes and rewrites the test procedure in a more logical 
step-by-step fashion to clarify the directions for selecting the 
surface or direction of the fabric to be tested, how to determine when 
testing five additional specimens is necessary, as well as how to 
conduct the flammability test.
    Test result interpretation and reporting. The current Standard 
provides no codes to report complex test results consistently. Although 
this is not an issue for plain surface textile fabrics, it is for 
raised surface textile fabrics, the

[[Page 8846]]

classification of which is more complex. The proposed revision 
clarifies the instructions for calculating burn times and establishing 
the occurrence of a base burn (Sec.  1610.8). By defining the terms 
``base burn'' and ``surface flash'' in Sec.  1610.2, the proposed 
revision provides further clarification for the reporting of test 
results for raised surface textile fabrics. The proposed revision also 
specifies test result codes. These codes come from CPSC's laboratory 
test manual and are based on codes developed by the Federal Trade 
Commission many years ago. Uniform result codes will facilitate 
reporting accuracy and consistency, understanding of flammability 
performance, and resolution of test result differences among 
laboratories.
    Subpart B and Subpart C. The Commission is also proposing changes 
to subparts B and C of the Standard. To reduce confusion, the proposal 
moves some provisions concerning procedures for conducting the tests 
that are currently in subpart B and C into subpart A. This should 
provide a more cohesive and clearer standard. Subpart C is 
substantially the same, but some language has been clarified to make it 
more consistent with subparts A and B, and the section describing the 
history of the FFA and the Standard has been removed.

D. Response to Comments on the ANPR

    On September 12, 2002, the Commission published an ANPR initiating 
this rulemaking. 67 FR 57770. The Commission received 18 written 
comments from businesses, trade associations, and interested parties 
representing various segments of the fiber, textile and apparel 
industries, as well as academic institutions and fire service 
organizations. Commenters generally agreed that the Standard needs to 
be updated and reorganized. Specific issues raised by the comments are 
discussed below.

1. Laundering and Dry Cleaning

    a. Comment. One commenter suggested considering new dry cleaning 
methods/solvents as an alternative to perchloroethylene.
    Response. The Commission recognizes that new dry cleaning 
technologies have emerged in recent years as alternatives to 
perchloroethylene and that at least one region of the country is moving 
to phase-out the use of perchloroethylene by 2020. At this time, 
however, approximately 70% of U.S. dry cleaners still use 
perchloroethylene. Perchloroethylene is known to be slightly more 
severe in solvent action than other solvents and more likely to remove 
any flame retardant treatments on textiles. The proposal specifies a 
``normal'' commercial dry cleaning method which includes specifications 
for cleaning, extraction, drying temperature, drying time and cool 
down/deodorization. Samples are to be cleaned in a commercial dry 
cleaning machine, using perchloroethylene as the solvent in a closed 
environment.
    b. Comment. One commenter expressed concern over the role of fabric 
softeners in fabric flammability.
    Response. According to the Procter and Gamble Company, about 71% of 
U.S. households have some form of fabric softener. The most common 
forms of fabric softeners for home laundering are liquid softeners 
(purchased by 42% of U.S. households) and dryer-added sheet softeners 
(purchased by about 49% of U.S. households). Dryer sheet softeners have 
anti-static properties. Some households use both forms; some consumers 
use both a rinse cycle softener and a dryer sheet softener for the same 
load of laundry. At the present time there is no ``standard reference'' 
fabric softener. The AATCC technical committee RA88 on Home Laundering 
Technology is working on the development of a standard reference fabric 
softener; the technical committee estimates that this work may be 
completed in approximately three years. The Commission is not including 
a requirement for fabric softener at this time since there is no 
standard fabric softener to reference.
    c. Comment. For changes to the dry cleaning and laundering 
procedures, two commenters suggested CPSC consider current AATCC and 
ASTM standards.
    Response. The proposal incorporates certain sections of AATCC Test 
Method 124-2001 ``Appearance of Fabrics After Repeated Home 
Laundering,'' consistent with other FFA regulations (16 CFR Parts 1615, 
1616, 1630, 1631 and 1632). The dry cleaning procedure in the proposal 
is similar but not identical to ASTM D1230 Standard Test Method for 
Flammability of Apparel Textiles section 9.2.1.6 Option B. The proposal 
has specifications for dry cleaning in a commercial dry-cleaning 
machine using perchloroethylene in a ``normal'' cycle.
    d. Comment. One commenter provided suggestions for updating the 
laundering method which included increasing the number of cycles.
    Response. The intent of the laundering and dry cleaning 
requirements of the Standard is to remove any non-durable flame 
retardant treatments that may be on the clothing textile; its intent is 
not to replicate the consumer's refurbishing practices. No change has 
been made; one cycle of each refurbishing method is required.
    e. Comment. One commenter suggested requiring only the refurbishing 
method on the garment care label.
    Response. The Standard applies to fabrics and fabrics used in 
garments. While the test method can be used to test fabric in the 
garment stage it also applies to fabric before it is sewn into a 
garment, so a fabric care label may not be present. The refurbishing 
requirement (laundering/dry cleaning) is to remove any solvent or water 
soluble treatment that might be on the garment. It is not meant to test 
the durability of fabric treatments over the lifetime of a garment.

2. Clarifications in the Standard

    a. Comment. Several comments suggested areas of the Standard in 
need of clarification. These included clarifying the brushing of the 
specimens, fabrics considered to be raised fiber textiles, 
determination of the nap direction of raised surface textiles, 
exemptions allowed and interpretation of test results for 
classification.
    Response. The Commission agrees that sections of the current 
Standard are difficult to interpret and need clarification, including 
clearer instructions on brushing of raised fiber surface textiles and 
determination of which fabrics are considered to have raised fiber 
surfaces. The proposal includes examples of raised fiber surface 
textiles and provides guidance on testing these fabrics. The proposal 
moves language from footnotes into the body of the Standard to clarify 
the exemptions allowed and brings forward clarifying language from 16 
CFR subparts B and C. In addition, the proposed revision includes new 
text and graphics on the test procedure, interpretation of test results 
for classification, and engineering diagrams of the flammability test 
apparatus.
    b. Comment. Commenters suggested adding portions of the CPSC 
laboratory test manual to clarify the test procedures in the Standard.
    Response. The staff used the 1981 CPSC laboratory manual as a 
resource in developing recommendations to amend the Standard. The 
proposal has added language from the lab manual in many sections.
    c. Comment. One commenter suggested that the terms ``surface 
flash'' and ``base burn'' be defined in the Standard; another suggested 
definitions for these terms.

[[Page 8847]]

    Response. The proposal adds many new definitions to the Standard, 
including definitions for ``surface flash'' and ``base burn'' to 
facilitate clearer understanding of the flammability test, 
classification criteria and reporting results.
    d. Comment. Two commenters suggested reorganizing the Standard to 
eliminate duplication.
    Response. The Commission agrees and proposes to reorganize large 
portions of the Standard to eliminate duplication and make it easier to 
follow and understand.

3. Enforcement and Procedural Issues

    a. Comment. Two commenters urged CPSC to continue with enforcement 
of 16 CFR part 1610.
    Response. The CPSC Office of Compliance actively enforces 16 CFR 
part 1610 and continues to see violations of the Standard. From 1995 
through June 2006, the Commission announced the recall of 28 apparel 
products for violations of 16 CFR part 1610.
    b. Comment. One commenter suggested CPSC should consider 
promulgating a procedure or mechanism that allows the agency to make 
technical changes to this and other standards on a routine basis when 
referenced voluntary standards are upgraded by AATCC and ASTM (e.g., 
laundering and dry cleaning) without having to go through full notice 
and comment rulemaking.
    Response. For any change by a voluntary standards organization to 
have the force and effect of a Commission rule, the Commission must 
formally adopt it through notice and comment rulemaking.
    c. Comment. Some commenters suggested that the requirements of the 
Standard should be made more stringent to improve the level of safety 
provided by the Standard; comments included reviewing the 
appropriateness of the ignition source and ignition time, increasing 
the ignition time from 1 to 5 seconds, revising the acceptable burn 
times; considering forced ignition, ignition of the lower cut edge of 
the specimen and horizontal and vertical test configurations. One 
comment was concerned with the need for new flammability requirements 
for certain types of clothing (adult sleepwear and bathrobes). One 
commenter suggested adding a list of ``suspect fabrics'' and requiring 
more frequent testing for these fabrics. Additional comments included 
clarifying or amending the exemptions from the requirements for testing 
to support guaranties and warning labels for ``high-risk'' garments.
    Response. The scope of the ANPR issued on September 12, 2002 was 
limited to considering changes to the Standard to better reflect 
current consumer practices, modernized testing equipment and clarifying 
several aspects of the Standard. If, in the future, the Commission 
should determine that substantive changes to the Standard are needed to 
adequately protect the public, it would begin a separate proceeding for 
issuing a new standard or amending the current one in accordance with 
provisions of section 4 of the FFA (15 U.S.C. 1193).

4. The Desiccant Specified in the Standard

    Comment. One commenter recommended specifying silica gel as the 
desiccant instead of anhydrous calcium chloride. Another commenter was 
concerned about the potency of the anhydrous calcium chloride desiccant 
and consequently the efficacy of testing. That commenter noted that the 
only way to ensure the potency of anhydrous calcium chloride desiccant 
is to require maintaining daily logs detailing the initial temperature 
and humidity readings inside the desiccator at the start of each day, 
as well as after each test is completed.
    Response. The Commission agrees with the commenters, and the 
proposal specifies silica gel as the preferred desiccant. Silica gel is 
recognized as an effective, reliable desiccant; and it can be 
reactivated by heating, thus making it economical. Other FFA standards 
(16 CFR parts 1615, 1616, 1630 and 1631) specify silica gel as the 
preferred desiccant, and for the purpose of uniformity the CPSC 
laboratory has been using silica gel as the desiccant for all FFA 
testing since 1973. Regarding the potency of the desiccant, unlike 
anhydrous calcium chloride desiccant, the color-changing silica gel 
indicator provides a visual indication that the desiccant has become 
saturated with moisture. When the indicating silica gel crystals change 
color, the desiccant is reactivated by heating it in a laboratory oven.

5. Preliminary Tests

    a. Comment. One commenter recommended eliminating the preliminary 
tests requirement because the majority of apparel garments are cut in 
the lengthwise direction, therefore only the lengthwise direction of a 
garment or fabric needs to be tested.
    Response. When a garment is worn on a body, the orientation of the 
fabric varies. The standard specifies that the long dimension of a 
plain surface textile fabric specimen is that direction in which the 
fabric burns most rapidly. To determine which fabric direction burns 
the most rapidly, the Standard requires preliminary tests of specimens 
cut in different directions. Because there can be differences in the 
burning characteristics with respect to fabric direction, the staff 
believes that the requirement for preliminary tests should not be 
eliminated.
    b. Comment. One commenter suggested increasing the number of 
preliminary tests, especially for raised fiber surface textile fabrics 
to include both lengthwise and crosswise directions. The commenter is 
concerned about low-pile fabrics where it may be difficult to determine 
the correct direction of the raised surface fibers.
    Response. For raised fiber surface textile fabrics the Standard 
requires the direction of the lay of the surface fibers be parallel 
with the long dimension of the specimen. Selecting specimens in this 
manner allows for the brushing procedure to raise the surface fibers, 
since the specimen is brushed against the direction of the lay of the 
surface fibers. The Standard requires tests of the most flammable 
surface of the fabric. With many raised fiber surface textile fabrics 
it is easy to determine the direction of the lay of the surface fibers 
by touch and visual observation, and preliminary tests are not needed. 
Regarding those fabrics where it may be difficult to visually determine 
the correct direction of the lay of the raised surface fibers, 
preliminary tests should be done to determine the direction with the 
fastest burning time. Since the Standard already requires preliminary 
tests to determine the most flammable fabric direction, there is no 
need to prescribe preliminary tests of both the lengthwise and 
crosswise direction of raised fiber surface textile fabrics.

6. Reporting Test Results

    Comment. One commenter recommended using simplified abbreviations 
(or codes) for reporting burn test results.
    Response. The existing Standard does not provide codes to report 
test results. However, the FTC developed test result codes many years 
ago for both plain surface and raised fiber surface textile fabrics. 
These codes are found in the CPSC's laboratory test manual, and the 
CPSC laboratory staff has used them to record test results for a number 
of years. Uniform result codes will facilitate reporting accuracy, 
understanding of flammability performance and resolution of test result 
differences among laboratories. For these reasons the proposal provides 
test result codes.

[[Page 8848]]

E. Preliminary Regulatory Analysis

Introduction

    The Commission has preliminarily determined to issue a rule 
revising and reorganizing the Standard for the Flammability of Clothing 
Textiles. Section 4(i) of the FFA requires that the Commission prepare 
a preliminary regulatory analysis for a proposed regulation under the 
FFA and that it be published with the proposed rule. 15 U.S.C. 1193(i). 
The following discussion, extracted from the staff's memorandum titled 
``Preliminary Regulatory Analysis: Amendment to Clothing Textile 
Standard,'' addresses this requirement.

Potential Benefits and Costs

    Any benefits of the proposed revision would accrue through a 
reduction in injury and death associated with clothing ignition. 
However, the proposed amendment simply codifies existing industry 
practices, and is not intended to change the types and classes of 
textiles (or garments) available for consumer use. Consequently, we do 
not anticipate any change in injuries or deaths due to this revision. 
Therefore, this amendment would not result in any additional expected 
benefits associated with the Standard.
    Similarly, the proposal is not expected to increase costs to 
manufacturers. Any increased costs that would have been incurred were 
already borne by manufacturers when they voluntarily initiated the test 
modifications which would be called for under the revision. No 
additional testing or recordkeeping requirements are contemplated as a 
result of the proposed amendment. Again, this amendment simply codifies 
current industry practices. If anything, this proposed revision may 
reduce the industry burden since it modifies requirements that are 
outdated and/or impossible to comply with.

Alternatives

    One alternative would be for the Commission to choose to use the 
ASTM standard as a template for the proposed amendment. The ASTM 
standard is a recent update (2001) of the FFA regulations promulgated 
in 1953. This option would harmonize the voluntary standard with the 
mandatory FFA standard. However, the more extensive definitional 
language of the proposed revised standard is more complete and more 
easily understood than that of the ASTM standard, which follows a 
different organizational format.
    Another option may be to use the test procedures outlined in the 
ASTM standard, combined with the definitional content of the proposal. 
While each of the options is likely to result in equivalence with the 
current Standard, the Commission believes that the detail of its 
proposed language could better address the potential for confusion and 
mis-classification of clothing textiles by the industry.

F. Regulatory Flexibility Certification

    The Regulatory Flexibility Act (``RFA'') generally requires that 
agencies review proposed rules for their potential economic impact on 
small entities, including small businesses. Section 603 of the RFA 
calls for agencies to prepare and make available for public comment an 
initial regulatory flexibility analysis describing the impact of the 
proposed rule on small entities and identifying impact-reducing 
alternatives. 5 U.S.C. 603. However, section 605 states that this 
requirement does not apply if the head of the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities, and the agency provides an explanation for 
that conclusion.
    This rulemaking will have little or no effect on small businesses 
in the textile and apparel industries because, as discussed above, the 
proposal is largely a technical one that updates the FFA Standard to 
current industry practices. Therefore, the Commission concludes that 
the proposed amendment will not have a significant economic impact on a 
substantial number of small entities.

G. Environmental Considerations

    Generally, CPSC rules are considered to ``have little or no 
potential for affecting the human environment,'' and environmental 
assessments are not usually prepared for these rules (see 16 CFR 1021.5 
(c)(1)). Because the proposal continues current industry practices, it 
is not expected to alter production processes or affect the amounts of 
materials used in manufacturing, packaging or labeling. Therefore, the 
Commission does not expect the proposal to have any negative 
environmental impact.

H. Executive Orders

    Executive Order 12988 (February 5, 1996), requires agencies to 
state in clear language the preemptive effect, if any, to be given to a 
new regulation. The clothing standard amendment, if issued on a final 
basis, would modify a flammability standard issued under the FFA. With 
certain exceptions which are not applicable in this instance, no state 
or political subdivision of a state may enact or continue in effect ``a 
flammability standard or other regulation'' applicable to the same 
fabric or product covered by an FFA standard if the state or local 
flammability standard or other regulations is ``designed to protect 
against the same risk of the occurrence fire'' unless the state or 
local flammability standard or regulation ``is identical'' to the FFA 
standard. See section 16 of the FFA (15 U.S.C. 1203).

I. Effective Date

    Section 4(b) of the FFA (15 U.S.C. 1193(b)) provides that an 
amendment of a flammability standard shall become effective one year 
from the date it is promulgated, unless the Commission finds for good 
cause than an earlier or later effective date is in the public 
interest, and publishes that finding. Section 4(b) also requires that 
an amendment of a flammability standard shall exempt products ``in 
inventory or with the trade'' on the date the amendment becomes 
effective, unless the Commission limits or withdraws that exemption 
because those products are so highly flammable that they are dangerous 
for use by consumers.
    The Commission believes that a shorter effective date is in the 
public interest. As discussed above, the proposed revisions reflect 
practices that industry and laboratories are currently following. Thus, 
the impact of the proposed changes should be minimal. Moreover, it 
should be helpful to the public if the clarifications provided in the 
proposed revision are effective sooner than one year. Therefore, the 
Commission proposes that the revisions to the Standard would become 
effective 180 days after publication of a final amendment and that 
products ``in inventory or with the trade'' would be exempt from the 
revised standard.

J. Proposed Findings

    Section 1193(a) and (j)(2) of the FFA require the Commission to 
make certain findings when it issues or amends a flammability standard. 
The Commission must find that the standard or amendment: (1) Is needed 
to adequately protect the public against the risk of the occurrence of 
fire leading to death, injury or significant property damage; (2) is 
reasonable, technologically practicable, and appropriate; (3) is 
limited to fabrics, related materials or products which present 
unreasonable risks; and (4) is stated in objective terms. 15 U.S.C. 
1193(b). In addition, the Commission must find that: (1) If an 
applicable voluntary standard has been adopted and implemented, that 
compliance with the voluntary standard is not likely to adequately 
reduce the risk of injury, or compliance with the

[[Page 8849]]

voluntary standard is not likely to be substantial; (2) that benefits 
expected from the regulation bear a reasonable relationship to its 
costs; and (3) that the regulation imposes the least burdensome 
alternative that would adequately reduce the risk of injury. These 
findings are discussed below.
    The amendment to the Standard is needed to adequately protect the 
public against unreasonable risk of the occurrence of fire. The 
Standard dates from 1953. In the past fifty years changes in technology 
and consumer practices have made some parts of the Standard obsolete. 
Through the years, some have found the Standard's terminology and 
organization confusing and difficult to follow. The proposed amendment 
will better reflect the modern practices followed by industry and 
consumers, and modifications in the language and organization of the 
standard will enhance its clarity.
    The amendment to the Standard is reasonable, technologically 
practicable, and appropriate. The proposed amendment essentially 
establishes in the Standard the practices currently followed by 
industry and testing laboratories. These changes should enhance the 
Standard's reasonableness, practicability, and appropriateness.
    The amendment to the Standard is limited to fabrics, related 
materials, and products that present an unreasonable risk. The proposed 
amendment continues to apply to the same textiles as the existing 
Standard.
    Voluntary standards. The proposed Standard is similar to ASTM D1230 
Standard Test Method for Flammability of Apparel Textiles in methods of 
testing but significantly different in refurbishing procedures, 
terminology and criteria. The Commission believes that the proposed 
amendment will provide better clarity to industry and testing 
laboratories and therefore is likely to better address the risk of 
injury.
    Relationship of benefits to costs. Because the proposed amendment 
reflects current practices, both anticipated costs and benefits are 
likely to be small.
    Least burdensome requirement. The proposed amendment makes no 
substantive changes to the Standard, but only provides modifications 
that are necessary to update and clarify the Standard.

K. Conclusion

    For the reasons discussed above, the Commission preliminarily finds 
that amending the clothing textile flammability standard is needed to 
adequately protect the public against the unreasonable risk of the 
occurrence of fire leading to death, injury, and significant property 
damage. The Commission also preliminarily finds that the amendment to 
the Standard is reasonable, technologically practicable, and 
appropriate. The Commission further finds that the amendment is limited 
to the fabrics, related materials and products which present such 
unreasonable risks.

List of Subjects in 16 CFR Part 1610

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

    Therefore, the Commission proposes to amend Title 16 of the Code of 
Federal Regulations by revising part 1610 to read as follows:

PART 1610--STANDARD FOR THE FLAMMABILITY OF CLOTHING TEXTILES

Subpart A--The Standard
Sec.
1610.1 Purpose, scope and applicability.
1610.2 Definitions.
1610.3 Summary of test method.
1610.4 Requirements for classifying textiles.
1610.5 Test apparatus and materials.
1610.6 Test procedure.
1610.7 Test sequence and classification criteria.
1610.8 Reporting results.
Subpart B--Rules and Regulations
1610.31 Definitions.
1610.32 General requirements.
1610.33 Test procedures for textile fabrics and film.
1610.34 Only uncovered or exposed parts of wearing apparel to be 
tested.
1610.35 Procedures for testing special types of textile fabrics 
under the standard.
1610.36 Application of Act to particular types of products.
1610.37 Reasonable and representative tests to support guaranties.
1610.38 Maintenance of records by those furnishing guaranties.
1610.39 Shipments under section 11(c) of the Act.
1610.40 Use of alternative apparatus, procedures, or criteria for 
tests for guaranty purposes.
Subpart C--Interpretations and Policies
1610.61 Reasonable and representative testing to assure compliance 
with the standard for the clothing textiles.

Figure 1 to Part 1610--Sketch of Flammability Apparatus
Figure 2 to Part 1610--Flammability Apparatus Views
Figure 3 to Part 1610--Specimen Holder Supported in Specimen Rack
Figure 4 to Part 1610--Igniter
Figure 5 to Part 1610--Brushing Device
Figure 6 to Part 1610--Brush
Figure 7 to Part 1610--Template

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

Subpart A--The Standard


Sec.  1610.1  Purpose, scope and applicability.

    (a) Purpose. The purpose of this standard is to reduce danger of 
injury and loss of life by providing, on a national basis, standard 
methods of testing and rating the flammability of textiles and textile 
products for clothing use, thereby prohibiting the use of any 
dangerously flammable clothing textiles.
    (b) Scope. The Standard provides methods of testing the 
flammability of clothing and textiles intended to be used for clothing, 
establishes three classes of flammability, sets forth the requirements 
which textiles shall meet to be classified, and warns against the use 
of those textiles which have burning characteristics unsuitable for 
clothing. Hereafter, ``clothing and textiles intended to be used for 
clothing'' shall be referred to as ``textiles.''
    (c) Specific exceptions. This standard shall not apply to: (1) 
Hats, provided they do not constitute or form part of a covering for 
the neck, face, or shoulders when worn by individuals;
    (2) Gloves, provided they are not more than 14 inches in length and 
are not affixed to or do not form an integral part of another garment;
    (3) Footwear, provided it does not consist of hosiery in whole or 
part and is not affixed to or does not form an integral part of another 
garment;
    (4) Interlining fabrics, when intended or sold for use as a layer 
between an outer shell and an inner lining in wearing apparel.
    (d) Specific exemptions. Experience gained from years of testing in 
accordance with the Standard demonstrates that certain fabrics 
consistently yield acceptable results when tested in accordance with 
the Standard. Therefore, persons and firms issuing an initial guaranty 
of any of the following types of fabrics, or of products made entirely 
from one or more of these fabrics, are exempt from any requirement for 
testing to support guaranties of those fabrics:
    (1) Plain surface fabrics, regardless of fiber content, weighing 
2.6 ounces per square yard or more; and
    (2) All fabrics, both plain surface and raised-fiber surface 
textiles, regardless of weight, made entirely from any of the following 
fibers or entirely from combination of the following fibers: acrylic, 
modacrylic, nylon, olefin, polyester, wool.
    (e) Applicability. The requirements of this part 1610 shall apply 
to textile fabric or related material in a form or state ready for use 
in an article of

[[Page 8850]]

wearing apparel, including garments and costumes finished for consumer 
use.


Sec.  1610.2  Definitions.

    In addition to the definitions given in Section 2 of the Flammable 
Fabrics Act as amended (15 U.S.C. 1191), the following definitions 
apply for this part 1610.
    (a) Base burn (also known as base fabric ignition or fusing) means 
the point at which the flame burns the ground (base) fabric of a raised 
surface textile fabric and provides a self-sustaining flame. Base 
burns, used to establish a Class 3 fabric, are those burns resulting 
from surface flash that occur on specimens in places other than the 
point of impingement when the warp and fill yarns of a raised surface 
textile fabric undergo combustion. Base burns can be identified by an 
opacity change, scorching on the reverse side of the fabric, or when a 
physical hole is evident.
    (b) Burn time means the time elapsed from ignition until the stop 
thread is severed as measured by the timing mechanism of the test 
apparatus.
    (c) Dry cleaning means the cleaning of samples in a commercial dry 
cleaning machine under the conditions described in Sec.  1610.6.
    (d) Film means any non-rigid, unsupported plastic, rubber or other 
synthetic or natural film or sheeting, subject to the Act, or any 
combination thereof, including transparent, and opaque material, 
whether plain, embossed, molded, or otherwise surface treated, which is 
in a form or state ready for use in wearing apparel, and shall include 
film or sheeting of any thickness.
    (e) Flammability means those characteristics of a material that 
pertain to its relative ease of ignition and relative ability to 
sustain combustion.
    (f) Flame application time means the 1 second during which the 
ignition flame is applied to the test specimen.
    (g) Ignition means that there is a self-sustaining flame on the 
specimen after the test flame is removed.
    (h) Interlining means any textile which is intended for 
incorporation into an article of wearing apparel as a layer between an 
outer shell and an inner lining.
    (i) Laundering means washing with an aqueous detergent solution and 
includes rinsing, extraction and tumble drying as described in Sec.  
1610.6.
    (j) Long dimension means the 150 mm (6 in) length of test specimen.
    (k) Plain surface textile fabric means any textile fabric which 
does not have an intentionally raised fiber or yarn surface such as a 
pile, nap, or tuft, but shall include those fabrics that have fancy 
woven, knitted or flock-printed surfaces.
    (l) Raised surface textile fabric means any textile fabric with an 
intentionally raised fiber or yarn surface, such as a pile, including 
flocked pile, nap, or tufting.
    (m) Refurbishing means dry cleaning and laundering in accordance 
with Sec.  1610.6.
    (n) Sample means a portion of a lot of material which is taken for 
testing or for record keeping purposes.
    (o) Specimen means a 50 mm by 150 mm (2 in by 6 in) section of 
sample.
    (p) Stop thread supply means No. 50, white, mercerized, 100% cotton 
sewing thread.
    (q) Surface flash means a rapid burning of the pile fibers and 
yarns on a raised fiber surface textile that may or may not result in 
base burning.
    (r) Textile fabric means any coated or uncoated material subject to 
the Act, except film and fabrics having a nitro-cellulose fiber, 
finish, or coating, which is woven, knitted, felted or otherwise 
produced from any natural or manmade fiber, or substitute therefore, or 
combination thereof, of 50 mm (2 in) or more in width, and which is in 
a form or state ready for use in wearing apparel, including fabrics 
which have undergone further processing, such as dyeing and finishing, 
in garment form, for consumer use.


Sec.  1610.3  Summary of test method.

    The Standard provides methods of testing the flammability of 
textiles from or intended to be used for apparel; establishes three 
classes of flammability; sets forth the requirements for classifying 
textiles; and prohibits the use of single or multi-layer textile 
fabrics that have burning characteristics that make them unsuitable for 
apparel. All textiles shall be tested before and after refurbishing 
according to Sec.  1610.6. Each specimen cut from the textile shall be 
inserted in a frame, brushed if it has a raised fiber surface, and held 
in a special apparatus at an angle of 45[deg]. A standardized flame 
shall be applied to the surface near the lower end of the specimen for 
1 second, and the time required for the flame to proceed up the fabric 
a distance of 127 mm (5 in) shall be recorded. A notation shall be made 
as to whether the base of a raised-surface textile fabric ignites or 
fuses.


Sec.  1610.4  Requirements for classifying textiles.

    (a) Class 1, Normal Flammability. Class 1 textiles exhibit normal 
flammability and are acceptable for use in clothing. This class shall 
include textiles which meet the minimum requirements set forth in 
paragraph (a)(1) or paragraph (a)(2) of this section.
    (1) Plain surface textile fabric. Such textiles in their original 
state and/or after being refurbished as described in Sec.  1610.6(a) 
and Sec.  1610.6(b), when tested as described in Sec.  1610.6, shall be 
classified as Class 1, Normal Flammability, when the burn time is 3.5 
seconds or more.
    (2) Raised surface textile fabric. Such textiles in their original 
state and/or after being refurbished as described in Sec.  1610.6(a) 
and Sec.  1610.6(b), when tested as described in Sec.  1610.6, shall be 
classified as Class 1, Normal Flammability, when the burn time is more 
than 7 seconds, or when they burn with a rapid surface flash (0 to 7 
seconds), provided the intensity of the flame is so low as not to 
ignite or fuse the base fabric.
    (b) Class 2, Intermediate Flammability. Class 2 fabrics, applicable 
only to raised fiber surface textiles, are considered to be of 
intermediate flammability, but may be used for clothing. This class 
shall include textiles which meet the minimum requirements set forth in 
paragraph (b)(2) of this section.
    (1) Plain surface textile fabric. Class 2 is not applicable to 
plain surface textile fabrics.
    (2) Raised surface textile fabric. Such textiles in their original 
state and/or after being refurbished as described in Sec.  1610.6(a) 
and Sec.  1610.6(b), when tested as described in Sec.  1610.6, shall be 
classified as Class 2, Intermediate Flammability, when the burn time is 
from 4 through 7 seconds, both inclusive, and the base fabric ignites 
or fuses.
    (c) Class 3, Rapid and Intense Burning. Class 3 textiles exhibit 
rapid and intense burning, are dangerously flammable and shall not be 
used for clothing. This class shall include textiles which have burning 
characteristics as described in paragraphs (c)(1) and (c)(2) of this 
section. Such textiles are considered dangerously flammable because of 
their rapid and intense burning.
    (1) Plain surface textile fabric. Such textiles in their original 
state and/or after refurbishing as described in Sec.  1610.6(a) and 
Sec.  1610.6(b), when tested as described in Sec.  1610.6, shall be 
classified as Class 3 Rapid and Intense Burning when the time of flame 
spread is less than 3.5 seconds.
    (2) Raised surface textile fabric. Such textiles in their original 
state and/or after refurbishing as described in Sec.  1610.6(a) and 
Sec.  1610.6(b), when tested

[[Page 8851]]

as described in Sec.  1610.6, shall be classified as Class 3 Rapid and 
Intense Burning when the time of flame spread is less than 4 seconds 
and the intensity of flame is such as to ignite or fuse the base 
fabric.

    Table 1 to Sec.   1610.4.--Summary of Test Criteria for Specimen
                             Classification
                        [See also Sec.   1610.7]
------------------------------------------------------------------------
                                     Plain surface      Raised surface
              Class                 textile fabric      textile fabric
------------------------------------------------------------------------
1...............................  Burn time is 3.5    (1) Burn time is
                                   seconds or more.    greater than 7.0
                                   ACCEPTABLE (3.5     seconds or
                                   sec is a pass).
                                                      (2) Burn time is 0-
                                                       7 seconds with no
                                                       base burns.
                                                       Exhibits rapid
                                                       surface flash
                                                       only. ACCEPTABLE
2...............................  Class 2 is not      Burn time is 4-7
                                   applicable to       seconds
                                   plain surface       (inclusive) with
                                   textile fabrics.    base burn.
                                                       ACCEPTABLE
3...............................  Burn time is less   Burn time is less
                                   than 3.5 seconds.   than 4.0 seconds
                                   NOT ACCEPTABLE.     with base burn.
                                                       NOT ACCEPTABLE.
------------------------------------------------------------------------

Sec.  1610.5  Test apparatus and materials.

    (a) Flammability apparatus. The flammability test apparatus 
consists of a draft-proof ventilated chamber enclosing a standardized 
ignition mechanism, sample rack, and automatic timing mechanism. The 
flammability apparatus shall meet the minimum requirements for testing 
as follows.
    (1) Test chamber.--(i) Test chamber structure. The test chamber 
shall be a metal, draft-proof ventilated chamber. The test chamber 
shall have inside dimensions of 35.3 cm high by 36.8 cm wide by 21.6 cm 
deep (14 in by 14.5 in by 8.5 in). There shall be eleven 12.7 mm 
diameter (0.5 in) holes equidistant along the rear of the top closure. 
The front of the chamber shall be a close fitting door with an insert 
made of clear material (i.e., glass, plexiglass) to permit observation 
of the entire test. A ventilating strip is provided at the base of the 
door in the front of the apparatus. The test chamber to be used in this 
test method is illustrated in Figures 1 through 3 of this part.
    (ii) Specimen rack. The specimen rack provides support for the 
specimen holder (described in paragraph (a)(1)(iii) of this section) in 
which the specimen is mounted for testing. The angle of inclination 
shall be 45[deg]. Two guide pins projecting downward from the center of 
the base of the rack travel in slots provided in the floor of the 
chamber so that adjustment can be made for the thickness of the 
specimen in relation to the test flame. A stop shall be provided in the 
base of the chamber to assist in adjusting the position of the rack. 
The specimen rack shall be constructed so that: it supports the 
specimen holder in a way that does not obstruct air flow around the 
bottom edge of the fabric specimen; and the fabric specimen is properly 
aligned with the igniter tip during flame impingement. The specimen 
rack to be used in this test method is illustrated in Figures 1 and 2 
of this part. Movable rack: Refer to the manufacturers' instruction in 
relation to the adjustment procedure to move the rack into the 
appropriate position for the indicator finger alignment.
    (iii) Specimen holder. The specimen holder supports and holds the 
fabric specimen. The specimen holder shall consist of two 2 mm (0.06 
in) thick U-shaped matched metal plates. The plates are slotted and 
loosely pinned for alignment. The specimen shall be firmly sandwiched 
in between the metal plates with clamps mounted along the sides. The 
two plates of the holder shall cover all but 3.8 cm (1.5 in) of the 
width of the specimen for its full length. See Figure 3 of this part. 
The specimen holder shall be supported in the draft-proof chamber on 
the rack at an angle of 45[deg].
    (iv) Indicator finger. The position of the specimen rack (described 
in paragraph (a)(1)(ii) of this section) shall be adjusted, so the tip 
of the indicator finger just touches the surface of the specimen. The 
indicator finger is necessary to ensure that the tip of the test flame 
will impinge on the specimen during testing. The indicator finger to be 
used in this test method is illustrated in Figures 1 and 2 of this 
part.
    (v) Ignition mechanism. The ignition mechanism shall consist of a 
motor driven butane gas jet formed around a 26-gauge hypodermic needle 
and creates the test flame. The test flame shall be protected by a 
shield. The test flame is adjusted to 16 mm (0.625 in) and applied to 
the specimen for 1 second. A trigger device is located in the front of 
the apparatus, the pulling or pushing of which activates the test flame 
impingement and timing device. Electro-mechanical devices (i.e., servo-
motors, solenoids, micro-switches, and electronic circuits, in addition 
to miscellaneous custom made cams and rods, shock absorbing linkages, 
and various other mechanical components) can be used to control and 
apply the flame impingement. See Figure 7 of this part.
    (vi) Draft ventilator strip. A draft ventilator strip shall be 
placed across the front opening, sealing the space between the sliding 
door when in lowered position and the base on which the grid rack is 
attached. (See Figure 1 of this part.)
    (vii) Stop weight. The weight, attached by means of a clip to the 
stop thread, in dropping actuates the stop motion for the timing 
mechanism. The weight shall be at least 30g (1.16 oz).
    (viii) Door. The door shall be a clear (i.e., glass or plexiglass) 
door, close fitting and allows for viewing of the entire test.
    (ix) Hood. The hood or other suitable enclosure shall provide a 
draft-free environment surrounding the test chamber. The hood or other 
suitable enclosure shall have a fan or other means for exhausting smoke 
and/or fumes produced by testing.
    (2) Stop thread and thread guides.--(i) Stop thread. The stop 
thread shall be stretched from the spool through suitable thread guides 
provided on the specimen holder and chamber walls.
    (ii) Stop thread supply. This supply, consisting of a spool of No. 
50, white, mercerized, 100% cotton sewing thread, shall be fastened to 
the side of the chamber and can be withdrawn by releasing the 
thumbscrew holding it in position.
    (iii) Thread guides. The thread guides permit the lacing of the 
stop thread in the proper position exactly 127 mm (5 in) from the point 
where the center of the ignition flame impinges on the test specimen. 
The stop thread shall be 9.5 mm (0.37 in) above and parallel to the 
lower surface of the top plate of the specimen holder. This condition 
can be achieved easily and reproducibly with the use of a thread guide 
popularly referred to as a ``sky hook'' suspended down from the top 
panel along with two L-shaped thread guides attached to the

[[Page 8852]]

upper end of the top plate of the specimen holder. Two other thread 
guides can be installed on the rear panel to draw the thread away from 
directly over the test flame. The essential condition, however, is the 
uniform height of 9.5 mm (0.37 in) for the stop thread and not the 
number, placement or design of the thread guides.
    (iv) Stop weight thread guide. This thread guide shall be used to 
guide the stop thread when attaching the stop weight.
    (3) Supply for test flame. (i) The fuel supply shall be a cylinder 
of chemically pure (c. p.) butane.
    (ii) The fuel-tank control valve shall consist of a sensitive 
control device for regulating the fuel supply at the tank.
    (iii) The flow control device, such as a manometer or flow meter, 
shall be sufficient to maintain a consistent flame length of \5/8\ in.
    (4) Timing device. The timing device consists of a timer, driving 
mechanism and weight. The timer, by means of special attachments, is 
actuated to start by connection with the gas jet. A trigger device 
(described in paragraph (a)(1)(v) of this section) activates the flame 
impingement, causing the driving mechanism to move the gas jet to its 
most forward position and automatically starts the timer at the moment 
of flame impact with the specimen. The falling weight, when caused to 
move by severance of the stop thread, stops the timer. Time shall be 
read directly and recorded as a burn time. Read burn time to 0.1 
second. An electronic or mechanical timer can be used to record the 
burn time, and electro-mechanical devices (i.e., servo-motors, 
solenoids, micro-switches, and electronic circuits, in addition to 
miscellaneous custom made cams and rods, shock absorbing linkages, and 
various other mechanical components) can be used to control and apply 
the flame impingement.
    (b) Specimen preparation equipment and materials--(1) Laboratory 
drying oven. This shall be a forced circulation drying oven capable of 
maintaining 105[deg] <plus-minus> 3[deg] C (221[deg] <plus-minus> 
5[deg] F) for 30 <plus-minus> 2 minutes to dry the specimens while 
mounted in the specimen holders.
    (2) Desiccator. This shall be an airtight and moisture tight 
chamber capable of holding the specimens horizontally without 
contacting each other during the cooling period following drying, and 
shall contain silica gel desiccant.
    (3) Desiccant. Anhydrous silica gel shall be used as the desiccant.
    (4) Automatic washing machine. The automatic washing machine shall 
be as described in Sec.  1610.6(b)(1)(ii).
    (5) Automatic tumble dryer. The automatic tumble dryer shall be as 
described in Sec.  1610.6(b)(1)(ii).
    (6) Commercial dry cleaning machine. The commercial dry cleaning 
machine shall be capable of providing a complete automatic dry-to-dry 
cycle using perchloroethylene solvent and a cationic drycleaning 
detergent as specified in Sec.  1610.6(b)(1)(i).
    (7) Dry cleaning solvent. The solvent shall be perchloroethylene, 
commercial grade.
    (8) Dry cleaning detergent. The dry cleaning detergent shall be 
cationic class.
    (9) Laundering detergent. The laundering detergent shall be as 
specified in Sec.  1610.6(b)(1)(ii).
    (10) Brushing device. The brushing device shall consist of a base 
board over which a small carriage is drawn. See Figure 4 of this part. 
This carriage runs on parallel tracks attached to the edges of the 
upper surface of the base board. The brush is hinged with pin hinges at 
the rear edge of the base board and rests on the carriage vertically 
with a pressure of 150 gf (0.33 lbf). The brush shall consist of two 
rows of stiff nylon bristles mounted with the tufts in a staggered 
position. The bristles are 0.41 mm (0.016 in) in diameter and 19 mm 
(0.75 in) in length. There are 20 bristles per tuft and 4 tufts per 
inch. See Figure 6 of this part. A clamp is attached to the forward 
edge of the movable carriage to permit holding the specimen on the 
carriage during the brushing operation. The purpose of the metal plate 
or ``template'' on the carriage of the brushing device is to support 
the specimen during the brushing operation. The template shall be 3.2 
mm (0.13 in) thick. See Figure 5 of this part.


Sec.  1610.6  Test procedure.

    The test procedure is divided into two steps. Step 1 is testing in 
the ``as received'' or original state; Step 2 is testing after the 
fabric has been refurbished according to paragraph (b)(1) of this 
section.
    (a) Step 1--Testing in the ``as received'' or original state. (1) 
Tests shall be conducted on the fabric in a form or state ready for use 
in wearing apparel. Determine whether the fabric to be tested is a 
plain surface textile fabric or a raised surface textile fabric as 
defined in Sec.  1610.2 (k) and (l). There are some fabrics that 
require extra attention when preparing test specimens because of their 
particular construction characteristics. Examples of these fabrics are 
provided in paragraphs (a)(1)(i) through (vi) of this section along 
with guidelines for preparing specimens from these fabrics. This 
information is not intended to be all-inclusive.
    (i) Flocked fabrics. Fabrics that are flocked overall are treated 
as raised surface textile fabrics as defined in Sec.  1610.2(l). Flock 
printed fabrics (usually in a pattern and not covering the entire 
surface) shall be treated as plain surface textile fabrics as defined 
in Sec.  1610.2(k).
    (ii) Cut velvet fabrics. Cut velvet fabrics with a patterned 
construction shall be considered a raised surface textile fabric as 
defined in Sec.  1610.2(l).
    (iii) Metallic thread fabrics. Metallic thread fabrics shall be 
considered plain surface textile fabrics provided the base fabric is 
smooth. The specimens shall be cut so that the metallic thread is 
parallel to the long dimension of the specimen and arranged so the test 
flame impinges on a metallic thread.
    (iv) Embroidery. Embroidery on netting material shall be tested 
with two sets of preliminary specimens to determine the most flammable 
area (which offers the greatest amount of netting or embroidery in the 
150 mm (6 in.) direction). One set of netting only shall be tested and 
the other set shall consist mainly of embroidery with the specimens cut 
so that the test flame impinges on the embroidered area. Test the most 
flammable area according to the plain surface textile fabric 
requirements. The full test shall be completed on a sample cut from the 
area that has the fastest burn rate.
    (v) Burn-out patterns. Flat woven constructions with burn-out 
patterns shall be considered plain surface textile fabrics as defined 
in Sec.  1610.2(k).
    (vi) Narrow fabrics and loose fibrous materials. Narrow fabrics and 
loose fibrous materials manufactured less than 50 mm (2 in) in width in 
either direction shall not be tested. If a 50 mm by 150 mm (2 in by 6 
in) specimen cannot be cut due to the nature of the item, i.e. hula 
skirts, leis, fringe, loose feathers, wigs, hairpieces, etc., do not 
conduct a test.
    (2) Plain surface textile fabrics--(i) Preliminary trials. Conduct 
preliminary trials to determine the quickest burning direction. The 
specimen size shall be 50 mm by 150 mm (2 in by 6 in). Cut one specimen 
from each direction of the fabric. Identify the fabric direction being 
careful not to make any identifying marks in the exposed area to be 
tested. Preliminary specimens shall be mounted and conditioned as 
described in paragraphs (a)(2)(ii) through (iv) of this section and 
then tested following the procedure in paragraph (c) of this section to 
determine if there is a difference in the burning characteristics

[[Page 8853]]

with respect to the direction of the fabric.
    (ii) Identify and cut test specimens. Cut the required number of 
test specimens to be tested (refer to Sec.  1610.7(b)(1)). Each 
specimen shall be 50 mm by 150 mm (2 in by 6 in), with the long 
dimension in the direction in which burning is most rapid as 
established in the preliminary trials. Be careful not to make any 
identifying marks in the exposed area to be tested.
    (iii) Mount specimens. Specimens shall be placed in the holders, 
with the side to be burned face up. Even though plain surface textile 
fabrics are not brushed, all specimens shall be mounted in a specimen 
holder placed on the carriage that rides on the brushing device to 
ensure proper position in the holder. A specimen shall be placed 
between the two metal plates of a specimen holder and clamped. Each 
specimen shall be mounted and clamped prior to conditioning and 
testing.
    (iv) Condition specimens. All specimens mounted in the holders 
shall then be placed in a horizontal position on an open metal shelf in 
the oven to permit free circulation of air around them. The specimens 
shall be dried in the oven for 30 <plus-minus> 2 minutes at 105[deg] 
<plus-minus> 3 [deg]C (221[deg] <plus-minus> 5 [deg]F), removed from 
the oven and placed over a bed of anhydrous silica gel desiccant in a 
desiccator until cool, but not less than 15 minutes.
    (v) Flammability test. Follow the test procedure in paragraph (c) 
of this section and also follow the test sequence in Sec.  
1610.7(b)(1).
    (3) Raised surface textile fabrics.--(i) Preliminary trials. The 
most flammable surface of the fabric shall be tested. Conduct 
preliminary trials and/or visual examination to determine the quickest 
burning area. The specimen size shall be 50 mm by 150 mm (2 in by 6 
in). For raised surface textile fabrics, the direction of the lay of 
the surface fibers shall be parallel with the long dimension of the 
specimen. Specimens shall be taken from that part of the raised fiber 
surface that appears to have the fastest burn time. For those fabrics 
where it may be difficult to visually determine the correct direction 
of the lay of the raised surface fibers, preliminary tests can be done 
to determine the direction of the fastest burn time. For textiles with 
varying depths of pile, tufting, etc., the preliminary test specimens 
are taken from each depth of pile area to determine which exhibits the 
quickest rate of burning. A sufficient number of preliminary specimens 
shall be tested to provide adequate assurance that the raised surface 
textile fabric will be tested in the quickest burning area. Preliminary 
specimens shall be mounted and conditioned as described below and 
tested following the procedure in paragraph (c) of this section.
    (ii) Identify and cut test specimens. Cut the required number of 
specimens (refer to Sec.  1610.7(b)(3)) to be tested. Each specimen 
shall be 50 mm by 150 mm (2 in by 6 in), with the specimen taken from 
the direction in which burning is most rapid as established in the 
preliminary trials and/or visual examination. Be careful not to make 
any identifying marks in the exposed area to be tested.
    (iii) Mount specimens. Prior to mounting the specimen, run a 
fingernail along the 150 mm (6 in) edge of the fabric not more than 6.4 
mm (0.25 in) in from the side to determine the lay of the surface 
fibers. All specimens shall be mounted in a specimen holder placed on 
the carriage that rides on the brushing device. The specimens shall be 
mounted with the side to be burned face up and positioned so the lay of 
the surface fibers is going away from the closed end of the specimen 
holder. The specimen must be positioned in this manner so that the 
brushing procedure described in paragraph (a)(3)(iv) of this section 
will raise the surface fibers, i.e., the specimen is brushed against 
the direction of the lay of the surface fibers. The specimen shall be 
placed between the two metal plates of the specimen holder and clamped.
    (iv) Brush specimens. After mounting in the specimen holder (and 
with the holder still on the carriage that rides on the brushing 
device) each specimen shall be brushed one time. The carriage is pushed 
to the rear of the brushing device, and the brush lowered to the face 
of the specimen. The carriage shall be drawn forward by hand once 
against the lay of the surface fibers at a uniform rate. Brushing of a 
specimen shall be performed with the specimen mounted in a specimen 
holder. The purpose of the metal plate or ``template'' on the carriage 
of the brushing device is to support the specimen during the brushing 
operation.
    (v) Condition specimens. All specimens (mounted and brushed) in the 
holders shall be then placed in a horizontal position on an open metal 
shelf in the oven to permit free circulation of air around them. The 
specimens shall be dried in the oven for 30 <plus-minus> 2 minutes at 
105[deg] <plus-minus> 3 [deg]C (221[deg] <plus-minus> 5 [deg]F) removed 
from the oven and placed over a bed of anhydrous silica gel dessicant 
in a desiccator until cool, but not less than 15 minutes.
    (vi) Conduct flammability test. Follow the procedure in paragraph 
(c) of this section and follow the test sequence in Sec.  1610.7(b)(3).
    (b) Step 2--Refurbishing and testing after refurbishing. (1) The 
refurbishing procedures are the same for both plain surface textile 
fabrics and raised fiber surface textile fabrics. Those samples that 
result in a Class 3, Rapid and Intense Burning after Step 1 testing in 
the ``as received'' or original state shall not be refurbished and do 
not undergo Step 2.
    (i) Dry cleaning procedure. (A) All samples shall be dry cleaned 
before they undergo the laundering procedure. Samples shall be dry 
cleaned in a commercial dry cleaning machine, using the following 
prescribed conditions:

Solvent: Perchloroethylene, commercial grade
Detergent class: Cationic
Cleaning time: 10-15 minutes
Extraction time: 3 minutes
Drying Temperature: 60 - 66 [deg]C (140 - 150 [deg]F)
Drying Time: 18-20 minutes
Cool Down/Deodorization time: 5 minutes

    (B) Samples shall be dry cleaned in a load that is 80% of the 
machine's capacity. If necessary, ballast consisting of clean textile 
pieces or garments, white or light in color and consisting of 
approximately 80% wool and 20% polyester, shall be used.
    (ii) Laundering procedure. The sample, after being subjected to the 
dry cleaning procedure, shall be washed and dried one time in 
accordance with sections 8.2.2, 8.2.3 and 8.3.1(A) of AATCC Test Method 
124-2001 ``Appearance of Fabrics after Repeated Home Laundering.'' 
Washing shall be performed in accordance with sections 8.2.2 and 8.2.3 
of AATCC Test Method 124-2001 using wash water temperature (V) 
(149[deg] <plus-minus> 5 [deg]F; 60[deg] <plus-minus> 3 [deg]C) 
specified in Table II of that method, and the water level, agitator 
speed, washing time, spin speed and final spin cycle specified for 
``Normal/Cotton Sturdy'' in Table III. A maximum wash load shall be 8 
pounds (3.63 kg) and may consist of any combination of test samples and 
dummy pieces. Drying shall be performed in accordance with section 
8.3.1(A) of that test method, Tumble Dry, using the exhaust temperature 
(150[deg] <plus-minus> 10 [deg]F; 66[deg] <plus-minus> 5 [deg]C) and 
cool down time of 10 minutes specified in the ``Durable Press'' 
conditions of Table IV.
    (2) Testing plain surface textile fabrics after refurbishing. The 
test procedure is the same as for Step 1--Testing in the ``as 
received'' or original state described in paragraph (a)(1) of this 
section; also follow the test sequence Sec.  1610.7(b)(2).

[[Page 8854]]

    (3) Testing raised fiber surface textile fabrics after 
refurbishing. The test procedure is the same as for Step 1--Testing in 
the ``as received'' or original state as described in paragraph (a)(3) 
of this section; also follow the test sequence in Sec.  1610.7(b)(4).
    (c) Procedure for testing flammability. (1) The test chamber shall 
be located under the hood (or other suitable enclosure) with the fan 
turned off. Open the control valve in the fuel supply. Allow 
approximately 5 minutes for the air to be drawn from the fuel line, 
ignite the gas and adjust the test flame to a length of 16 mm (\5/8\ 
in), measured from its tip to the opening in the gas nozzle.
    (2) Remove one mounted specimen from the desiccator at a time and 
place it in a position on the rack in the chamber of the apparatus. 
Thick fabrics may require adjustment of the specimen rack so that the 
tip of the indicator finger just touches the surface of the specimen.
    (3) Adjust the position of the specimen rack of the flammability 
test chamber so that the tip of the indicator finger just touches the 
face of the mounted specimen.
    (4) String the stop thread through the guides in the upper plate of 
the specimen holder across the top of the specimen, and through any 
other thread guide(s) of the chamber. Hook the stop weight in place 
close to and just below the stop weight thread guide. Set the timing 
mechanism to zero. Close the door of the flammability test chamber.
    (5) Begin the test within 45 seconds of the time the specimen was 
removed from the desiccator. Activate the trigger device to impinge the 
test flame. The trigger device controls the impingement of the test 
flame onto the specimen and starts the timing device. The timing is 
automatic and stops when the weight is released by the severing of the 
stop thread.
    (6) At the end of each test, turn on the hood fan to exhaust any 
fumes or smoke produced during the test.
    (7) Record the burn time (reading of the timer) for each specimen, 
along with visual observation using the test result codes given in 
Sec.  1610.8. If there is no burn time, record the visual observation 
using the test result codes. Please note for raised fiber surface 
textile fabrics, specimens should be allowed to continue burning, even 
though a burn rate is measured, to determine if the base fabric will 
fuse.
    (8) After exhausting all fumes and smoke produced during the test, 
turn off the fan before testing the next specimen.


Sec.  1610.7  Test sequence and classification criteria.

    (a) Preliminary and final classifications. Preliminary 
classifications are assigned based on the test results both before and 
after refurbishing. The final classification shall be the preliminary 
classification before or after refurbishing, whichever is the more 
severe flammability classification.
    (b) Test sequence and classification criteria. (1) Step 1, Plain 
Surface Textile Fabrics in the ``as received'' or original state.
    (i) Conduct preliminary tests in accordance with Sec.  
1610.6(a)(2)(i) to determine the fastest burning direction of the 
fabric.
    (ii) Prepare and test five specimens from the fastest burning 
direction. The burn times determine whether to assign the preliminary 
classification and proceed to Sec.  1610.6(b) or to test five 
additional specimens.
    (iii) Assign the preliminary classification of Class 1, Normal 
Flammability and proceed to Sec.  1610.6(b) when:
    (A) There are no burn times; or
    (B) There is only one burn time and it is equal to or greater than 
3.5 seconds; or
    (C) The average burn time of two or more specimens is equal to or 
greater than 3.5 seconds.
    (iv) Test five additional specimens when there is either only one 
burn time, and it is less than 3.5 seconds; or there is an average burn 
time of less than 3.5 seconds. Test these five additional specimens 
from the fastest burning direction as previously determined by the 
preliminary specimens. The burn times for the 10 specimens determine 
whether to:
    (A) Stop testing and assign the final classification as Class 3, 
Rapid and Intense Burning only when there are two or more burn times 
with an average burn time of less than 3.5 seconds; or
    (B) Assign the preliminary classification of Class 1, Normal 
Flammability and proceed to Sec.  1610.6(b) when there are two or more 
burn times with an average burn time of 3.5 seconds or greater.
    (v) If there is only one burn time out of the 10 test specimens, 
the test is inconclusive. The fabric cannot be classified.
    (2) Step 2, Plain Surface Textile Fabrics after refurbishing in 
accordance with Sec.  1610.6(b)(1).
    (i) Conduct preliminary tests in accordance with Sec.  
1610.6(a)(2)(i) to determine the fastest burning direction of the 
fabric.
    (ii) Prepare and test five specimens from the fastest burning 
direction. The burn times determine whether to stop testing and assign 
the preliminary classification or to test five additional specimens.
    (iii) Stop testing and assign the preliminary classification of 
Class 1, Normal Flammability, when:
    (A) There are no burn times; or
    (B) There is only one burn time, and it is equal to or greater than 
3.5 seconds; or
    (C) There is an average burn time 3.5 seconds or greater.
    (iv) Test five additional specimens when there is only one burn 
time, and it is less than 3.5 seconds; or there is an average burn time 
less than 3.5 seconds. Test five additional specimens from the fastest 
burning direction as previously determined by the preliminary 
specimens. The burn times for the 10 specimens determine the 
preliminary classification when:
    (A) There are two or more burn times with an average burn time of 
3.5 seconds or greater. The preliminary classification is Class 1, 
Normal Flammability; or
    (B) There are two or more burn times with an average burn time of 
less than 3.5 seconds. The preliminary and final classification is 
Class 3, Rapid and Intense Burning; or
    (v) If there is only one burn time out of the 10 specimens, the 
test results are inconclusive. The fabric cannot be classified.
    (3) Step 1, Raised Surface Textile Fabric in the ``as received'' or 
original state.
    (i) Determine the area to be most flammable per Sec.  
1610.6(a)(3)(i).
    (ii) Prepare and test five specimens from the most flammable area. 
The burn times and visual observations determine whether to assign a 
preliminary classification and proceed to Sec.  1610.6(b) or to test 
five additional specimens.
    (iii) Assign the preliminary classification and proceed to Sec.  
1610.6(b) when:
    (A) There are no burn times. The preliminary classification is 
Class 1, Normal Flammability; or
    (B) There is only one burn time and it is less than 4 seconds 
without a base burn, or it is 4 seconds or greater with or without a 
base burn. The preliminary classification is Class 1, Normal 
Flammability; or
    (C) There are no base burns regardless of the burn time(s). The 
preliminary classification is Class 1, Normal Flammability; or
    (D) There are two or more burn times with an average burn time of 
0-7 seconds with a surface flash only. The

[[Page 8855]]

preliminary classification is Class 1, Normal Flammability; or
    (E) There are two or more burn times with an average burn time 
greater than 7 seconds with any number of base burns. The preliminary 
classification is Class 1, Normal Flammability; or
    (F) There are two or more burn times with an average burn time of 4 
through 7 seconds (both inclusive) with no more than one base burn. The 
preliminary classification is Class 1, Normal Flammability; or
    (G) There are two or more burn times with an average burn time less 
than 4 seconds with no more than one base burn. The preliminary 
classification is Class 1, Normal Flammability; or
    (H) There are two or more burn times with an average burn time of 4 
through 7 seconds (both inclusive) with two or more base burns. The 
preliminary classification is Class 2, Intermediate Flammability.
    (iv) Test five additional specimens when the tests of the initial 
five specimens result in either of the following: There is only one 
burn time and it is less than 4 seconds with a base burn; or the 
average of two or more burn times is less than 4 seconds with two or 
more base burns. Test these five additional specimens from the most 
flammable area. The burn times and visual observations for the 10 
specimens will determine whether to:
    (A) Stop testing and assign the final classification only if the 
average burn time for the 10 specimens is less than 4 seconds with 
three or more base burns. The final classification is Class 3, Rapid 
and Intense Burning; or
    (B) Assign the preliminary classification and continue on to Sec.  
1610.6(b) when:
    (1) The average burn time is less than 4 seconds with no more than 
two base burns. The preliminary classification is Class 1, Normal 
Flammability; or
    (2) The average burn time is 4-7 seconds (both inclusive) with no 
more than 2 base burns. The preliminary classification is Class 1, 
Normal Flammability, or
    (3) The average burn time is greater than 7 seconds. The 
preliminary classification is Class 1, Normal Flammability; or
    (4) The average burn time is 4 through 7 seconds (both inclusive) 
with three or more base burns. The preliminary classification is Class 
2, Intermediate Flammability, or
    (v) If there is only one burn time out of the 10 specimens, the 
test is inconclusive. The fabric cannot be classified.
    (4) Step 2, Raised Surface Textile Fabric After Refurbishing in 
accordance with Sec.  1610.6(b).
    (i) Determine the area to be most flammable in accordance with 
Sec.  1610.6(a)(3)(i).
    (ii) Prepare and test five specimens from the most flammable area. 
Burn times and visual observations determine whether to stop testing 
and determine the preliminary classification or to test five additional 
specimens.
    (iii) Stop testing and assign the preliminary classification when:
    (A) There are no burn times. The preliminary classification is 
Class 1, Normal Flammability; or
    (B) There is only one burn time, and it is less than 4 seconds 
without a base burn; or it is 4 seconds or greater with or without a 
base burn. The preliminary classification is Class 1, Normal 
Flammability; or
    (C) There are no base burns regardless of the burn time(s). The 
preliminary classification is Class 1, Normal Flammability; or
    (D) There are two or more burn times with an average burn time of 0 
to 7 seconds with a surface flash only. The preliminary classification 
is Class 1, Normal Flammability; or
    (E) There are two or more burn times with an average burn time 
greater than 7 seconds with any number of base burns. The preliminary 
classification is Class 1, Normal Flammability; or
    (F) There are two or more burn times with an average burn time of 4 
through 7 seconds (both inclusive) with no more than one base burn. The 
preliminary classification is Class 1, Normal Flammability; or
    (G) There are two or more burn times with an average burn time less 
than 4 seconds with no more than one base burn. The preliminary 
classification is Class 1, Normal Flammability; or
    (H) There are two or more burn times with an average burn time of 4 
through 7 seconds (both inclusive) with two or more base burns. The 
preliminary classification is Class 2, Intermediate Flammability.
    (iv) Test five additional specimens when the tests of the initial 
five specimens result in either of the following: There is only one 
burn time, and it is less than 4 seconds with a base burn; or the 
average of two or more burn times is less than 4 seconds with two or 
more base burns.
    (v) If required, test five additional specimens from the most 
flammable area. The burn times and visual observations for the 10 
specimens determine the preliminary classification when:
    (A) The average burn time is less than 4 seconds with no more than 
two base burns. The preliminary classification is Class 1, Normal 
Flammability; or
    (B) The average burn time is less than 4 seconds with three or more 
base burns. The preliminary and final classification is Class 3, Rapid 
and Intense Burning; or
    (C) The average burn time is greater than 7 seconds. The 
preliminary classification is Class 1, Normal flammability; or
    (D) The average burn time is 4-7 seconds (both inclusive), with no 
more than two base burns. The preliminary classification is Class 1, 
Normal Flammability; or
    (E) The average burn time is 4-7 seconds (both inclusive), with 
three or more base burns. The preliminary classification is Class 2, 
Intermediate Flammability; or
    (vi) If there is only one burn time out of the 10 specimens, the 
test is inconclusive. The fabric cannot be classified.


Sec.  1610.8  Reporting results.

    (a) The reported result shall be the classification before or after 
refurbishing, whichever is the more severe; and based on this result, 
the textile shall be placed in the proper final classification as 
described in Sec.  1610.4.
    (b) Test result codes. The following are the definitions for the 
test result codes, which shall be used for recording flammability 
results for each specimen that is burned.
    (1) For Plain Surface Textile Fabrics:

DNI Did not ignite
IBE Ignited, but extinguished
*IBE Ignited, but extinguished, the asterisk (*) denotes a burn that 
goes under the stop thread without breaking the stop thread.
--.-- sec. Actual burn time measured and recorded by the timing 
device in 0.0 seconds.

    (2) For Raised Surface Textile Fabrics:


SF uc Surface flash, under the stop thread, but does not break the 
stop thread.

SF pw Surface flash, part way. No time shown because the surface 
flash did not reach the stop thread.
SF poi Surface flash, at the point of impingement only (equivalent 
to ``did not ignite'' for plain surfaces).
--.-- sec. Actual burn time measured by the timing device in 0.0 
seconds.
--.-- SF only Time in seconds, surface flash only. No damage to the 
base fabric.
--.-- SFBB Time in seconds, surface flash base burn. Base starts 
burning at points other than the point of impingement.
--.-- SFBB poi Time in seconds, surface flash base burn starting at 
the point of impingement.

[[Page 8856]]

--.-- SFBB poi* Time in seconds, surface flash base burn possibly 
starting at the point of impingement. The asterisk is accompanied by 
the following statement: ``Unable to make absolute determination as 
to source of base burns.'' This statement is added to the result of 
any specimen if there is a question as to origin of the base burn.

Subpart B--Rules and Regulations


Sec.  1610.31  Definitions.

    In addition to the definitions provided in section 2 of the 
Flammable Fabrics Act as amended (15 U.S.C. 1191), and in Sec.  1610.2 
of the Standard, the following definitions apply for this subpart.
    (a) Act means the ``Flammable Fabrics Act'' (approved June 30, 
1953, Pub. Law 88, 83d Congress, 1st sess., 15 U.S.C. 1191; 67 Stat. 
111) as amended, 68 Stat. 770, August 23, 1954.
    (b) Rule, rules, regulations, and rules and regulations, mean the 
rules and regulations prescribed by the Commission pursuant to section 
5(c) of the act.
    (c) United States means, the several States, the District of 
Columbia, the Commonwealth of Puerto Rico and the Territories, and 
Possessions of the United States.
    (d) Marketing or handling means the transactions referred to in 
section 3 of the Flammable Fabrics Act, as amended in 1967.
    (e) Test means the application of the relevant test method 
prescribed in the procedures provided under section 4(a) of the Act (16 
CFR part 1609).
    (f) Finish type means a particular finish, but does not include 
such variables as changes in color, pattern, print, or design, or minor 
variations in the amount or type of ingredients in the finish 
formulation. Examples of finish types would be starch finishes, resin 
finishes or parchmentized finishes.
    (g) Uncovered or exposed part means that part of an article of 
wearing apparel that might during normal wear be open to flame or other 
means of ignition. The outer surface of an undergarment is considered 
to be an uncovered or exposed part of an article of wearing apparel, 
and thus subject to the Act. Other examples of exposed parts of an 
article of wearing apparel subject to the Act include, but are not 
limited to:
    (1) Linings, with exposed areas, such as full front zippered 
jackets;
    (2) Sweatshirts with exposed raised fiber surface inside and 
capable of being worn napped side out;
    (3) Unlined hoods;
    (4) Rolled cuffs.


Sec.  1610.32  General requirements.

    No article of wearing apparel or fabric subject to the Act and 
regulations shall be marketed or handled if such article or fabric, 
when tested according to the procedures prescribed in section 4(a) of 
the Act (16 CFR part 1609), is so highly flammable as to be dangerous 
when worn by individuals.


Sec.  1610.33  Test procedures for textile fabrics and film.

    (a)(1) All textile fabrics (except those with a nitro-cellulose 
fiber, finish or coating) intended or sold for use in wearing apparel, 
and all such fabrics contained in articles of wearing apparel, shall be 
subject to the requirements of the Act, and shall be deemed to be so 
highly flammable as to be dangerous when worn by individuals if such 
fabrics or any uncovered or exposed part of such articles of wearing 
apparel exhibits rapid and intense burning when tested under the 
conditions and in the manner prescribed in subpart A of this part 1610.
    (2) Notwithstanding the provisions of paragraph (a)(1) of this 
section, coated fabrics, except those with a nitro-cellulose coating, 
may be tested under the procedures outlined in part 1611, Standard for 
the Flammability of Vinyl Plastic Film, and if such coated fabrics do 
not exhibit a rate of burning in excess of that specified in Sec.  
1611.3 they shall not be deemed to be so highly flammable as to be 
dangerous when worn by individuals.
    (b) All film, and textile fabrics with a nitro-cellulose fiber, 
finish or coating intended or sold for use in wearing apparel, and all 
film and such textile fabrics referred to in this rule which are 
contained in articles of wearing apparel, shall be subject to the 
requirements of the Act, and shall be deemed to be so highly flammable 
as to be dangerous when worn by individuals if such film or such 
textile fabrics or any uncovered or exposed part of such articles of 
wearing apparel exhibit a rate of burning in excess of that specified 
in part 1611, Standard for the Flammability of Vinyl Plastic Film.


Sec.  1610.34  Only uncovered or exposed parts of wearing apparel to be 
tested.

    (a) In determining whether an article of wearing apparel is so 
highly flammable as to be dangerous when worn by individuals, only the 
uncovered or exposed part of such article of wearing apparel shall be 
tested according to the applicable procedures set forth in Sec.  
1610.6.
    (b) If the outer layer of plastic film or plastic-coated fabric of 
a multilayer fabric separates readily from the other layers, the outer 
layer shall be tested under part 1611--Standard for the Flammability of 
Vinyl Plastic Film. If the outer layer adheres to all or a portion of 
one or more layers of the underlaying fabric, the multi-layered fabric 
may be tested under either part 1610--Standard for the Flammability of 
Clothing Textiles or part 1611. However, if the conditioning procedures 
required by Sec.  1610.6(a)(2)(iv) and Sec.  1610.6(a)(3)(v) would 
damage or alter the physical characteristics of the film or coating, 
the uncovered or exposed layer shall be tested in accordance with part 
1611.
    (c) Plastic film or plastic-coated fabric used, or intended for use 
as the outer layer of disposable diapers is exempt from the 
requirements of the Standard, provided that a sample taken from a full 
thickness of the assembled article passes the test in the Standard 
(part 1610 or part 1611) otherwise applicable to the outer fabric or 
film when the flame is applied to the exposed or uncovered surface. See 
Sec.  1610.36(f) and Sec.  1611.36(f).


Sec.  1610.35  Procedures for testing special types of textile fabrics 
under the standard.

    (a) Fabric not customarily washed or dry cleaned. (1) Except as 
provided in paragraph (a)(2) of this section, any textile fabric or 
article of wearing apparel which, in its normal and customary use as 
wearing apparel would not be dry cleaned or washed, need not be dry 
cleaned or washed as prescribed in Sec.  1610.6(b) when tested under 
the Standard if such fabric or article of wearing apparel, when 
marketed or handled, is marked in a clear and legible manner with the 
statement: ``Fabric may be dangerously flammable if dry cleaned or 
washed.'' An example of the type of fabric referred to in this 
paragraph is bridal illusion.
    (2) Section 1610.3, which requires that all textiles shall be 
refurbished before testing, shall not apply to disposable fabrics and 
garments. Additionally, such disposable fabrics and garments shall not 
be subject to the labeling requirements set forth in paragraph (a)(1) 
of this section.
    (b) A coated fabric need not, upon test under the procedures 
outlined in subpart A of part 1610, be dry cleaned as set forth in 
Sec.  1610.6(b)(1)(i).
    (c) In determining whether a textile fabric having a raised-fiber 
surface, which surface is to be used in the covered or unexposed parts 
of articles of wearing apparel, is so highly flammable as to be 
dangerous when worn by individuals, only the opposite surface or 
surface intended to be exposed need be tested under the applicable 
procedures

[[Page 8857]]

set forth in Sec.  1610.6, providing an invoice or other paper covering 
the marketing or handling of such fabric is given which clearly 
designates that the raised-fiber surface is to be used only in the 
covered or unexposed parts of articles of wearing apparel.


Sec.  1610.36  Application of Act to particular types of products.

    (a) Interlinings. Fabrics intended or sold for processing into 
interlinings or other covered or unexposed parts of articles of wearing 
apparel shall not be subject to the provisions of section 3 of the Act: 
Provided, that an invoice or other paper covering the marketing or 
handling of such fabrics is given which specifically designates their 
intended end use: And provided further, that with respect to fabrics 
which under the provisions of section 4 of the Act, as amended, are so 
highly flammable as to be dangerous when worn by individuals, any 
person marketing or handling such fabrics maintains records which show 
the acquisition, disposition and intended end use of such fabrics, and 
any person manufacturing articles of wearing apparel containing such 
fabrics maintains records which show the acquisition, and use and 
disposition of such fabrics. Any person who fails to maintain such 
records or to furnish such invoice or other paper shall be deemed to 
have engaged in the marketing or handling of such products for purposes 
subject to the requirements of the Act and such person and the products 
shall be subject to the provisions of sections 3, 6, 7, and 9 of the 
Act.
    (b) Hats, gloves, and footwear. Fabrics intended or sold for use in 
those hats, gloves, and footwear which are excluded under the 
definition of articles of wearing apparel in section 2(d) of the Act 
shall not be subject to the provisions of section 3 of the Act: 
Provided, that an invoice or other paper covering the marketing or 
handling of such fabrics is given which specifically designates their 
intended use in such products: And provided further, that with respect 
to fabrics which under the provisions of section 4 of the Act, as 
amended, are so highly flammable as to be dangerous when worn by 
individuals, any person marketing or handling such fabrics maintains 
records which show the acquisition, disposition, and intended end use 
of such fabrics, and any person manufacturing hats, gloves, or footwear 
containing such fabrics maintains records which show the acquisition, 
end use and disposition of such fabrics. Any person who fails to 
maintain such records or to furnish such invoice or other paper shall 
be deemed to have engaged in the marketing or handling of such products 
for purposes subject to the requirements of the Act and such person and 
the products shall be subject to the provisions of sections 3, 6, 7, 
and 9 of the Act.
    (c) Veils and hats. (1) Ornamental millinery veils or veilings when 
used as a part of, in conjunction with, or as a hat, are not to be 
considered such a ``covering for the neck, face, or shoulders'' as 
would, under the first proviso of section 2(d) of the Act, cause the 
hat to be included within the definition of the term ``article of 
wearing apparel'' where such ornamental millinery veils or veilings do 
not extend more than nine (9) inches from the tip of the crown of the 
hat to which they are attached and do not extend more than two (2) 
inches beyond the edge of the brim of the hat.
    (2) Where hats are composed entirely of ornamental millinery veils 
or veilings such hats will not be considered as subject to the Act if 
the veils or veilings from which they are manufactured were not more 
than nine (9) inches in width and do not extend more than nine (9) 
inches from the tip of the crown of the completed hat.
    (d) Handkerchiefs. (1) Except as provided in paragraph (d)(2) of 
this section, handkerchiefs not exceeding a finished size of twenty-
four (24) inches on any side or not exceeding five hundred seventy-six 
(576) square inches in area are not deemed ``articles of wearing 
apparel'' as that term is used in the Act.
    (2) Handkerchiefs or other articles affixed to, incorporated in, or 
sold as a part of articles of wearing apparel as decoration, trimming, 
or for any other purpose, are considered an integral part of such 
articles of wearing apparel, and the articles of wearing apparel and 
all parts thereof are subject to the provisions of the Act. 
Handkerchiefs or other articles intended or sold to be affixed to, 
incorporated in or sold as a part of articles of wearing apparel as 
aforesaid constitute ``fabric'' as that term is defined in section 2(e) 
of the Act and are subject to the provisions of the Act, such 
handkerchiefs or other articles constitute textile fabrics as the term 
``textile fabric'' is defined in Sec.  1610.2(r).
    (3) If, because of construction, design, color, type of fabric, or 
any other factor, a piece of cloth of a finished type or any other 
product of a finished type appears to be likely to be used as a 
covering for the head, neck, face, shoulders, or any part thereof, or 
otherwise appears likely to be used as an article of clothing, garment, 
such product is not a handkerchief and constitutes an article of 
wearing apparel as defined in and subject to the provisions of the Act, 
irrespective of its size, or its description or designation as a 
handkerchief or any other term.
    (e) Raised-fiber surface wearing apparel. Where an article of 
wearing apparel has a raised-fiber surface which is intended for use as 
a covered or unexposed part of the article of wearing apparel but the 
article of wearing apparel is, because of its design and construction, 
capable of being worn with the raised-fiber surface exposed, such 
raised-fiber surface shall be considered to be an uncovered or exposed 
part of the article of wearing apparel. Examples of the type of 
products referred to in this paragraph are athletic shirts or so-called 
``sweat shirts'' with a raised-fiber inner side.
    (f) Multilayer fabric and wearing apparel with a film or coating on 
the uncovered or exposed surface. Plastic film or plastic-coated fabric 
used, or intended for use, as the outer layer of disposable diapers is 
exempt from the requirements of the standard, provided that a full 
thickness of the assembled article passes the test in the standard 
otherwise applicable to the outer fabric or film when the flame is 
applied to the exposed or uncovered surface.


Sec.  1610.37  Reasonable and representative tests to support 
guaranties.

    (a) Purpose. The purpose of this Sec.  1610.37 is to establish 
requirements for reasonable and representative tests to support initial 
guaranties of products, fabrics, and related materials which are 
subject to the Standard for the Flammability of Clothing Textiles (the 
Standard, 16 CFR part 1610).
    (b) Statutory provisions. (1) Section 8(a) of the Act (15 U.S.C. 
1197(a)) provides that no person shall be subject to criminal 
prosecution under section 7 of the Act (15 U.S.C. 1196) for a violation 
of section 3 of the Act (15 U.S.C. 1192) if such person establishes a 
guaranty received in good faith to the effect that the product, fabric, 
or related material complies with the applicable flammability standard. 
A guaranty does not provide the holder any defense to an administrative 
action for an order to cease and desist from violation of the 
applicable standard, the Act, and the Federal Trade Commission Act (15 
U.S.C. 45), nor to any civil action for injunction or seizure brought 
under section 6 of the Act (15 U.S.C. 1195).
    (2) Section 8 of the Act provides for two types of guaranties:
    (i) An initial guaranty based on ``reasonable and representative 
tests'' made in accordance with the applicable standard issued under 
the Act; and

[[Page 8858]]

    (ii) A guaranty based on a previous guaranty, received in good 
faith, to the effect that reasonable and representative tests show 
conformance with the applicable standard.
    (c) Requirements. (1) Each person or firm issuing an initial 
guaranty of a product, fabric, or related material subject to the 
Standard shall devise and implement a program of reasonable and 
representative tests to support such a guaranty.
    (2) The term program of reasonable and representative tests as used 
in this Sec.  1610.37 means at least one test with results 
demonstrating conformance with the Standard for the product, fabric or 
related material which is the subject of an initial guaranty. The 
program of reasonable and representative tests required by this Sec.  
1610.37 may include tests performed before the effective date of this 
section, and may include tests performed by persons or firms outside of 
the territories of the United States or other than the one issuing the 
initial guaranty. The number of tests and the frequency of testing 
shall be left to the discretion of the person or firm issuing the 
initial guaranty.
    (3) In the case of an initial guaranty of a fabric or related 
material, a program of reasonable and representative tests may consist 
of one or more tests of the particular fabric or related material which 
is the subject of the guaranty, or of a fabric or related material of 
the same ``class'' of fabrics or related materials as the one which is 
the subject of the guaranty. For purposes of this Sec.  1610.37, the 
term class means a category of fabrics or related materials having 
general constructional or finished characteristics, sometimes in 
association with a particular fiber, and covered by a class or type 
description generally recognized in the trade.


Sec.  1610.38  Maintenance of records by those furnishing guaranties.

    (a) Any person or firm issuing an initial guaranty of a product, 
fabric, or related material which is subject to the Standard for the 
Flammability of Clothing Textiles (the Standard, 16 CFR part 1610) 
shall keep and maintain a record of the test or tests relied upon to 
support that guaranty. The records to be maintained shall show:
    (1) The style or range number, fiber composition, construction and 
finish type of each textile fabric or related material covered by an 
initial guaranty; or the identification, fiber composition, 
construction and finish type of each textile fabric (including those 
with a nitrocellulose fiber, finish or coating), and of each related 
material, used or contained in a product of wearing apparel covered by 
an initial guaranty.
    (2) The results of the actual test or tests made of the textile 
fabric or related material covered by an initial guaranty; or of any 
fabric or related material used in the product of wearing apparel 
covered by an initial guaranty.
    (3) When the person or firm issuing an initial guaranty has 
conducted the test or tests relied upon to support that guaranty, that 
person or firm shall also include with the information required by 
paragraphs (a)(1) and (2) of this section, a sample of each fabric or 
related material which has been tested.
    (b) Persons furnishing guaranties based upon class tests shall 
maintain records showing:
    (1) Identification of the class test.
    (2) Fiber composition, construction and finish type of the fabrics, 
or the fabrics used or contained in articles of wearing apparel so 
guaranteed.
    (3) A swatch of each class of fabrics guaranteed.
    (c) Persons furnishing guaranties based upon guaranties received by 
them shall maintain records showing the guaranty received and 
identification of the fabrics or fabrics contained in articles of 
wearing apparel guaranteed in turn by them.
    (d) The records referred to in this section shall be preserved for 
a period of 3 years from the date the tests were performed, or in the 
case of paragraph (c) of this section from the date the guaranties were 
furnished.
    (e) Any person furnishing a guaranty under section 8(a) of the Act 
who neglects or refuses to maintain and preserve the records prescribed 
in this section shall be deemed to have furnished a false guaranty 
under the provisions of section 8(b) of the Act.


Sec.  1610.39  Shipments under section 11(c) of the Act.

    (a) The invoice or other paper relating to the shipment or delivery 
for shipment in commerce of articles of wearing apparel or textile 
fabrics for the purpose of finishing or processing to render them not 
so highly flammable as to be dangerous when worn by individuals, shall 
contain a statement disclosing such purpose.
    (b) An article of wearing apparel or textile fabric shall not be 
deemed to fall within the provisions of section 11(c) of the Act as 
being shipped or delivered for shipment in commerce for the purpose of 
finishing or processing to render such article of wearing apparel or 
textile fabric not so highly flammable under section 4 of the Act, as 
to be dangerous when worn by individuals, unless the shipment or 
delivery for shipment in commerce of such article of wearing apparel or 
textile fabric is made directly to the person engaged in the business 
of processing or finishing textile products for the prearranged purpose 
of having such article of apparel or textile fabric processed or 
finished to render it not so highly flammable under section 4 of the 
Act, as to be dangerous when worn by individuals, and any person 
shipping or delivering for shipment the article of wearing apparel or 
fabric in commerce for such purpose maintains records which establish 
that the textile fabric or article of wearing apparel has been shipped 
for appropriate flammability treatment, and that such treatment has 
been completed, as well as records to show the disposition of such 
textile fabric or article of wearing apparel subsequent to the 
completion of such treatment.
    (c) The importation of textile fabrics or articles of wearing 
apparel may be considered as incidental to a transaction involving 
shipment or delivery for shipment for the purpose of rendering such 
textile fabrics or articles of wearing apparel not so highly flammable 
under the provisions of section 4 of the Act, as to be dangerous when 
worn by individuals, if:
    (1) The importer maintains records which establish that: (i) the 
imported textile fabrics or articles of wearing apparel have been 
shipped for appropriate flammability treatment, and
    (ii) Such treatment has been completed, as well as records to show 
the disposition of such textile fabrics or articles of wearing apparel 
subsequent to the completion of such treatment.
    (2) The importer, at the time of importation, executes and 
furnishes to the U.S. Customs and Border Protection an affidavit 
stating: These fabrics (or articles of wearing apparel) are dangerously 
flammable under the provisions of section 4 of the Act, and will not be 
sold or used in their present condition but will be processed or 
finished by the undersigned or by a duly authorized agent so as to 
render them not so highly flammable under the provisions of section 4 
of the Flammable Fabrics Act, as to be dangerously flammable when worn 
by individuals. The importer agrees to maintain the records required by 
16 CFR 1610.39(c)(1).
    (3) The importer, if requested to do so by the U.S. Customs and 
Border Protection, furnishes an adequate specific-performance bond 
conditioned upon the complete discharge of the obligations assumed in 
paragraphs (c) (1) and (2) of this section.

[[Page 8859]]

    (d) The purpose of section 11(c) of the Act is only to permit 
articles of wearing apparel or textile fabrics which are dangerously 
flammable to be shipped or delivered for shipment in commerce for the 
purpose of treatment or processing to render them not dangerously 
flammable. Section 11(c) does not in any other respect limit the force 
and effect of sections 3, 6, 7, and 9 of the Act. In particular, 
section 11(c) does not authorize the sale or offering for sale of any 
article of wearing apparel or textile fabric which is in fact 
dangerously flammable at the time of sale or offering for sale, even 
though the seller intends to ship the article for treatment prior to 
delivery to the purchaser or has already done so. Moreover, under 
section 3 of the Act a person is liable for a subsequent sale or 
offering for sale if, despite the purported completion of treatment to 
render it not dangerously flammable, the article in fact remains 
dangerously flammable.


Sec.  1610.40  Use of alternate apparatus, procedures, or criteria for 
tests for guaranty purposes.

    (a) Section 8(a) of the Act provides that no person shall be 
subject to criminal prosecution under section 7 of the Act (15 U.S.C. 
1196) for a violation of section 3 of the Act (15 U.S.C. 1192) if that 
person establishes a guaranty received in good faith which meets all 
requirements set forth in section 8 of the Act. One of those 
requirements is that the guaranty must be based upon ``reasonable and 
representative tests'' in accordance with the applicable standard.
    (b) Subpart A of this part 1610 prescribes apparatus and procedures 
for testing fabrics and garments subject to its provisions. See 
Sec. Sec.  1610.5 & 1610.6. Subpart A prescribes criteria for 
classifying the flammability of fabrics and garments subject to its 
provisions as ``Normal flammability, Class 1,'' ``Intermediate 
flammability, Class 2,'' and ``Rapid and Intense Burning, Class 3.'' 
See Sec.  1610.4. Sections 3 and 4 of the Act prohibit the manufacture 
for sale, importation into the United States, or introduction in 
commerce of any fabric or article of wearing apparel subject to the 
Standard which exhibits ``rapid and intense burning'' when tested in 
accordance with the Standard. See 16 CFR part 1609.
    (c) The Commission recognizes that for purposes of supporting 
guaranties, ``reasonable and representative tests'' could be either the 
test in Subpart A of this part, or alternate tests which utilize 
apparatus or procedures other than those in Subpart A of this part. 
This Sec.  1610.40 sets forth conditions under which the Commission 
will allow use of alternate tests with apparatus or procedures other 
than those in Subpart A of this part to serve as the basis for 
guaranties.
    (d)(1) Persons and firms issuing guaranties that fabrics or 
garments subject to the Standard meet its requirements may base those 
guaranties on any alternate test utilizing apparatus or procedures 
other than those in Subpart A of this part, if such alternate test is 
as stringent as, or more stringent than, the test in Subpart A of this 
part. The Commission considers an alternate test to be ``as stringent 
as, or more stringent than'' the test in Subpart A of this part if, 
when testing identical specimens, the alternate test yields failing 
results as often as, or more often than, the test in Subpart A of this 
part. Any person using such an alternate test must have data or 
information to demonstrate that the alternate test is as stringent as, 
or more stringent than, the test in Subpart A of this part.
    (2) The data or information required by this paragraph (d) of this 
section to demonstrate equivalent or greater stringency of any 
alternate test using apparatus or procedures other than those in 
Subpart A of this part must be in the possession of the person or firm 
desiring to use such alternate test before the alternate test may be 
used to support guaranties of items subject to the Standard.
    (3) The data or information required by paragraph (d) of this 
section to demonstrate equivalent or greater stringency of any 
alternate test using apparatus or procedures other than those in 
Subpart A of this part must be retained for as long as that alternate 
test is used to support guaranties of items subject to the Standard, 
and for one year thereafter.
    (e) Specific approval from the Commission in advance of the use of 
any alternate test using apparatus or procedures other than those in 
Subpart A is not required. The Commission will not approve or 
disapprove any specific alternate test utilizing apparatus or 
procedures other than those in Subpart A of this part.
    (f) Use of any alternate test to support guaranties of items 
subject to the Standard without the information required by this 
section may result in violation of section 8(b)), of the Act (15 U.S.C. 
1197(b)), which prohibits the furnishing of a false guaranty.
    (g) The Commission will test fabrics and garments subject to the 
Standard for compliance with the Standard using the apparatus and 
procedures set forth in Subpart A of this part. The Commission will 
consider any failing results from compliance testing as evidence that:
    (1) The manufacture for sale, importation into the United States, 
or introduction in commerce of the fabric or garment which yielded 
failing results was in violation of the Standard and of section 3 of 
the Act; and
    (2) The person or firm using the alternate test as the basis for a 
guaranty has furnished a false guaranty, in violation of section 8(b) 
of the Act. (Reporting requirements contained in paragraph (d) were 
approved by Office of Management and Budget under control number 3041-
0024.)

Subpart C--Interpretations and Policies


Sec.  1610.61  Reasonable and representative testing to assure 
compliance with the standard for the clothing textiles.

    (a) Background. (1) The CPSC administers the Flammable Fabrics Act 
(``the Act''), 15 U.S.C. 1191-1204. Under the Act, among other things, 
the Commission enforces the Flammability Standard for Clothing Textiles 
(``the Standard''), 16 CFR part 1610. That Standard establishes 
requirements for the flammability of clothing and textiles intended to 
be used for clothing (hereinafter ``textiles'').
    (2) The Standard applies both to fabrics and finished garments. The 
Standard provides methods of testing the flammability of textiles, and 
sets forth the requirements that textiles must meet to be classified 
into one of three classes of flammability (classes 1, 2 and 3). Sec.  
1610.4. Class 1 textiles, those that exhibit normal flammability, are 
acceptable for use in clothing. Sec.  1610.4(a)(1) & (2). Class 2 
textiles, applicable only to raised fiber surfaces, are considered to 
be of intermediate flammability, but may be used in clothing. Sec.  
1610.4(b)(1) & (2). Finally, Class 3 textiles, those that exhibit rapid 
and intense burning, are dangerously flammable and may not be used in 
clothing. Sec.  1610.4(c)(1) & (2). The manufacture for sale, offering 
for sale, importation into the U.S., and introduction or delivery for 
introduction of Class 3 articles of wearing apparel are among the acts 
prohibited by section 3(a) of the Act, 15 U.S.C. 1192(a).
    (3) CPSC currently uses retail surveillance, attends appropriate 
trade shows, follows up on reports of noncompliance and previous 
violations, and works with U.S. Customs and Border Protection in an 
effort to find textiles that violate CPSC's standards. The Commission 
has a number of enforcement options to address prohibited acts. These 
include bringing

[[Page 8860]]

seizure actions in federal district court against violative textiles, 
seeking an order through an administrative proceeding that a firm cease 
and desist from selling violative garments, pursuing criminal 
penalties, or seeking the imposition of civil penalties for ``knowing'' 
violations of the Act. Of particular relevance to the latter two 
remedies is whether reasonable and representative tests were performed 
demonstrating that a textile or garment meets the flammability 
standards for general wearing apparel. Persons who willfully violate 
flammability standards are subject to criminal penalties.
    (4) Section 8(a) of the Act, 15 U.S.C. 1197(a), exempts a firm from 
the imposition of criminal penalties if the firm establishes that a 
guaranty was received in good faith signed by and containing the name 
and address of the person who manufactured the guarantied wearing 
apparel or textiles or from whom the apparel or textiles were received. 
A guaranty issued by a person who is not a resident of the United 
States may not be relied upon as a bar to prosecution. 16 CFR 1608.4. 
The guaranty must be based on the exempted types of fabrics or on 
reasonable and representative tests showing that the fabric covered by 
the guaranty or used in the wearing apparel covered by the guaranty is 
not so highly flammable as to be dangerous when worn by individuals, 
i.e., is not a Class 3 material. (The person proffering a guaranty to 
the Commission must also not, by further processing, have affected the 
flammability of the fabric, related material or product covered by the 
guaranty that was received.) Under Sec.  1610.37, a person, to issue a 
guaranty, should first evaluate the type of fabric to determine if it 
meets testing exemptions in accordance with Sec.  1610.1(d). (Some 
textiles never exhibit unusual burning characteristics and need not be 
tested.) Sec.  1610.1(d). Such textiles include plain surface fabrics, 
regardless of fiber content, weighing 2.6 oz. or more per sq. yd., and 
plain and raised surface fabrics made of acrylic, modacrylic, nylon, 
olefin, polyester, wool, or any combination of these fibers, regardless 
of weight.) If no exemptions apply, the person issuing the guaranty 
must devise and implement a program of reasonable and representative 
tests to support the guaranty. The number of tests and frequency of 
testing is left to the discretion of that person, but at least one test 
is required.
    (5) In determining whether a firm has committed a ``knowing'' 
violation of a flammability standard that warrants imposition of a 
civil penalty, the CPSC considers whether the firm had actual knowledge 
that its products violated the flammability requirements. The CPSC also 
considers whether the firm should be presumed to have the knowledge 
that would be possessed by a reasonable person acting in the 
circumstances, including knowledge that would have been obtainable upon 
the exercise of due care to ascertain the truth of representations. 15 
U.S.C. 1194(e). The existence of results of flammability testing based 
on a reasonable and representative program and, in the case of tests 
performed by another entity (such as a guarantor), the steps, if any, 
that the firm took to verify the existence and reliability of such 
tests, bear directly on whether the firm acted reasonably in the 
circumstances.
    (b) Applicability. (1) When tested for flammability, a small number 
of textile products exhibit variability in the test results; that is, 
even though they may exhibit Class 1 or Class 2 burning characteristics 
in one test, a third test may result in a Class 3 failure. Violative 
products that the Commission has discovered between 1994 and 1998 
include sheer 100% rayon skirts and scarves; sheer 100% silk scarves; 
100% rayon chenille sweaters; rayon/nylon chenille and long hair 
sweaters; polyester/cotton and 100% cotton fleece/sherpa garments, and 
100% cotton terry cloth robes. Between August 1994 and August 1998, 
there have been 21 recalls of such dangerously flammable clothing, and 
six retailers have paid civil penalties to settle Commission staff 
allegations that they knowingly sold garments that violated the general 
wearing apparel standard.
    (2) The violations and resulting recalls and civil penalties 
demonstrate the critical necessity for manufacturers, distributors, 
importers, and retailers to evaluate, prior to sale, the flammability 
of garments made from the materials described above, or to seek 
appropriate guaranties that assure that the garments comply. Because of 
the likelihood of variable flammability in the small group of textiles 
identified above, one test is insufficient to assure reasonably that 
these products comply with the flammability standards. Rather, a person 
seeking to evaluate garments made of such materials should assure that 
the program tests a sufficient number of samples to provide adequate 
assurance that such textile products comply with the general wearing 
apparel standard. The number of samples to be tested, and the 
corresponding degree of confidence that products tested will comply, 
are to be specified by the individual designing the test program. 
However, in assessing the reasonableness of a test program, the 
Commission staff will specifically consider the degree of confidence 
that the program provides.
    (c) Suggestions. The following are some suggestions to assist in 
complying with the Standard:
    (1) Purchase fabrics or garments that meet testing exemptions 
listed in Sec.  1610.1(d). (If buyers or other personnel do not have 
skills to determine if the fabric is exempted, hire a textile 
consultant or a test lab for an evaluation.)
    (2) For fabrics that are not exempt, conduct reasonable and 
representative testing before cutting and sewing, using standard 
operating characteristic curves for acceptance sampling to determine a 
sufficient number of tests.
    (3) Purchase fabrics or garments that have been guarantied and/or 
tested by the supplier using a reasonable and representative test 
program that uses standard operating characteristic curves for 
acceptance sampling to determine a sufficient number of tests. Firms 
should also receive and maintain a copy of the guaranty.
    (4) Periodically verify that your suppliers are actually conducting 
appropriate testing.

BILLING CODE 6355-01-P

[[Page 8861]]

Figure 1 to Part 1610--Sketch of Flammability Apparatus
[GRAPHIC] [TIFF OMITTED] TP27FE07.000


[[Page 8862]]



Figure 2 to Part 1610--Flammability Apparatus Views
[GRAPHIC] [TIFF OMITTED] TP27FE07.001


[[Page 8863]]



Figure 3 to Part 1610--Specimen Holder Supported in Specimen Rack
[GRAPHIC] [TIFF OMITTED] TP27FE07.002


[[Page 8864]]



Figure 4 to Part 1610--Igniter
[GRAPHIC] [TIFF OMITTED] TP27FE07.003


[[Page 8865]]



Figure 5 to Part 1610--Brushing Device
[GRAPHIC] [TIFF OMITTED] TP27FE07.004


[[Page 8866]]



Figure 6 to Part 1610--Brush
[GRAPHIC] [TIFF OMITTED] TP27FE07.005


[[Page 8867]]



Figure 7 to Part 1610--Template
[GRAPHIC] [TIFF OMITTED] TP27FE07.006

BILLING CODE 6355-01-C


[[Page 8868]]


    Dated: February 13, 2007.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.

    Note: The following appendix will not appear in the Code of 
Federal Regulations.

Appendix--List of Relevant Documents

    (The following documents are available from the Commission's 
Office of the Secretary, Consumer Product Safety Commission, Room 
502, 4330 East West Highway, Bethesda, Maryland 20814-4408; 
telephone (301) 504-7923 or from the Commission's Web site (http://www.cpsc.gov/library/foia/foia.html)).
    1. Briefing memorandum from Jacqueline Elder, Assistant 
Executive Director, EXHR and Patricia K. Adair, Project Manager, 
Directorate for Engineering Sciences, to the Commission, ``Draft 
Notice of Proposed Rulemaking to Amend the Standard for the 
Flammability of Clothing Textiles, 16 CFR part 1610,'' January 10, 
2007.
    2. Memorandum from David Miller, EPHA, Directorate for 
Epidemiology, to Patricia K. Adair, Project Manager, ``General 
Wearing Apparel Fires,'' November 7, 2006.
    3. Memorandum from Terrance R. Karels, Directorate for Economic 
Analysis, to Patricia K. Adair, Project Manager, ``Amendment to the 
Clothing Textiles Standard,'' November 21, 2006.
    4. Memorandum from Gail Stafford and Weiying Tao, Directorate 
for Laboratory Sciences, to Patricia K. Adair, Project Manager, 
``Response to Comments Received as a Result of the Advance Notice of 
Proposed Rulemaking (ANPR) for Updating the Standard for the 
Flammability of Clothing Textiles,'' November 21, 2006.
    5. Memorandum from Marilyn Borsari, Office of Compliance and 
Field Operations, to Patricia K. Adair, Project Manager, ``ANPR to 
Amend the Standard for the Flammability of Clothing Textiles, 16 CFR 
part 1610, November 22, 2006.
    6. Memorandum from Patricia K. Adair, ESFS to the File, July 28, 
2006.
    7. Memorandum from Cassandra Prioleau, Ph.D., Directorate for 
Health Sciences, to Patricia K. Adair, Project Manager, ``Toxicity 
Review of Perchloroethylene,'' July 6, 2006.

[FR Doc. 07-779 Filed 2-26-07; 8:45 am]
BILLING CODE 6355-01-P


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