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below: http://a257.g.akamaitech.net/7/ flammability standards under the FFA. data. An average of 120 clothing fire- 257/2422/01jan20071800/ 15 U.S.C. 2079(b). In 1975, the related fatalities occurred annually edocket.access.gpo.gov/2007/E7- Commission published the FFA of 1953 during 2002–2004. Population fatality 18992.htm. at 16 CFR 1609 and codified the rates increased with age. In addition, an Dated: March 18, 2008. Standard for the Flammability of estimated 3,947 non-fatal injuries were Clothing Textiles at 16 CFR 1610. treated in hospital emergency Emilio T. Gonzalez, departments annually (2003–2005). 2. The Standard Director, U.S. Citizenship and Immigration Among these non-fatal injuries, 25 Services. The Commission’s revisions to the percent were serious enough to require [FR Doc. 08–1069 Filed 3–21–08; 8:45 am] Standard will update and clarify it. The admission to a hospital (compared to 5 BILLING CODE 4410–10–P Standard describes a test apparatus and percent for all consumer products). the procedures for testing clothing and textiles intended to be used for clothing. B. Statutory Provisions CONSUMER PRODUCT SAFETY It establishes three classes of Section 4 of the FFA sets forth the COMMISSION flammability. The classes are based on process by which the Commission can measurement of burn time, along with issue or amend a flammability standard. 16 CFR Part 1610 visual observations of flame intensity. In accordance with that section, the The classes are: Class 1 or normal Commission issued an advance notice of Standard for the Flammability of flammability; Class 2 or intermediate proposed rulemaking (‘‘ANPR’’) on Clothing Textiles flammability; and Class 3 or rapid and September 12, 2002, 67 FR 57770. The AGENCY: Consumer Product Safety intense burning. Clothing and textiles Commission issued a notice of proposed Commission. that are categorized as Class 3 under the rulemaking (‘‘NPR’’) on February 27, ACTION: Final rule. prescribed test method are considered 2007 containing the text of the proposed dangerously flammable. 16 CFR 1610.4. rule along with alternatives the SUMMARY: The Commission is amending The Standard prescribes the method Commission has considered and a its flammability standard for general of testing to determine the appropriate preliminary regulatory analysis. 72 FR wearing apparel, the Standard for the classification. Five specimens are 8844. Before issuing a final rule, the Flammability of Clothing Textiles, 16 subjected to a flammability tester. This FFA requires the Commission to prepare CFR part 1610. The Standard, originally is a draft-proof ventilated chamber a final regulatory analysis, and make issued in 1953, has become outdated in containing an ignition medium, a certain findings concerning any relevant several respects. The revisions better sample rack and an automatic timing voluntary standard, the relationship reflect current consumer practices and device. A swatch of each sample must between costs and benefits of the rule, technologies and clarify several aspects be subjected to the dry cleaning and and the burden imposed by the of the Standard. hand washing procedure prescribed by regulation. 15 U.S.C. 1193(j). In DATES: The rule is effective September the Standard. To determine results, the addition, the Commission must find that 22, 2008. The incorporation by reference average time of flame spread is taken for the Standard (1) is needed to adequately of the publication listed in this rule is five specimens. However, if the time of protect the public against the risk of the approved by the Director of the Federal flame spread is less than 4 seconds (31⁄2 occurrence of fire leading to death, Register as of September 22, 2008. seconds for plain-surfaced fabrics), five injury or significant property damage, FOR FURTHER INFORMATION CONTACT: additional specimens must be tested (2) is reasonable, technologically Mary Toro, Directorate for Compliance and the average time of flame spread for practicable, and appropriate, (3) is and Field Operations, Consumer these ten specimens, or for as many of limited to fabrics, related materials or Product Safety Commission, 4330 East them as burn, must be taken. products which present unreasonable West Highway, Bethesda, Maryland Classification is based on the reported risks, and (4) is stated in objective 20814–4408; telephone (301) 504–7586; results before and after dry cleaning and terms. Id. U.S.C. 1193(b). e-mail [email protected]. washing, whichever is lower. C. Revisions SUPPLEMENTARY INFORMATION: 3. The Products The changes to the Standard reflect A. Background The products regulated under the changes in consumer garment care Standard are clothing and fabrics practices and will make the Standard 1. History of the Standard intended to be used for clothing. The easier to understand. These changes are The Standard for the Flammability of Standard applies to all items of clothing, discussed below. Clothing Textiles, 16 CFR part 1610 and fabrics used for such clothing, Definitions. Some definitions have (‘‘the Standard’’) dates back to the whether for adults or children, for been revised and some new ones added 1950s. Congress enacted the Flammable daywear or nightwear. The Commission to eliminate confusion. In particular, the Fabrics Act (‘‘FFA’’) in 1953 (Pub. L. has other regulations governing the meaning of the terms ‘‘base burn’’ and 83–88, 67 Stat. 111). It specified a test, flammability of children’s sleepwear, 16 ‘‘surface flash’’ have caused confusion a voluntary commercial standard then CFR parts 1615 and 1616, that are more in interpreting and reporting test results called ‘‘Flammability of Clothing stringent than the general wearing for raised surface textile fabrics. These Textiles, Commercial Standard (‘CS’) apparel flammability standard. The terms are now defined in the Standard. 191–53,’’ to be used to determine if revisions discussed in this notice would In addition, several other relevant terms fabric or clothing is ‘‘so highly not affect the children’s sleepwear and definitions have been added. These flammable as to be dangerous when standards. terms include burn time, dry cleaning, worn by individuals.’’ flammability, flame application time, When Congress established the 4. The Risk of Injury ignition, interlining, laundering, long Consumer Product Safety Commission Fatalities where clothing was the first dimension, plain surface textile fabric, in 1972, it transferred to the item ignited have declined from 311 raised surface textile fabric, Commission the authority the Secretary fatalities in 1980 to 129 fatalities in refurbishing, sample, specimen, and of Commerce had to issue and amend 2004, the most recent year of available stop thread supply.

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Changes to the flammability tester. Standard is no longer available. Most 1. Laundering and Dry Cleaning The test chamber prescribed in the detergents are now non-phosphate a. Comment. One commenter stated current Standard uses a mechanical based due to environmental concerns. 60 ± 3 °C is too hot and another timing mechanism and is no longer The revision sets forth laundering recommended a washing temperature available for purchase. Apparel requirements based on those prescribed consistent with the original standard. manufacturers and testing laboratories in American Association of Textile currently use more modern flammability Chemists and Colorists (‘‘AATCC’’) 124– Response. Staff reviewed the test chambers that incorporate electro- 2001, Appearance of Fabrics After proposed water temperature for the mechanical components to apply the Repeated Home Laundering. An earlier laundering portion of the section and ignition flame and measure burn time. version of this test method was agreed that the wash temperature of 60 ± ° ± ° (The Standard allows alternate incorporated into other FFA standards 3 C (140 5 F) in the proposed rule procedures if they are as stringent as the in 2000. 65 FR 12924, 12929, and 12935 is too hot. The current Standard, which specified procedure.) A variety of such (March 10, 2000). uses a hand wash procedure, specifies testers are available from a number of 95–100 °F, with a rinse temperature of Test procedures. The revision ° manufacturers. The revision describes reorganizes and rewrites the test 80 F. Since the proposal specifies the critical parameters of a modern procedure in a more logical step-by-step machine washing, staff does not agree flammability test apparatus and fashion to clarify the directions for that it is appropriate to use a provides diagrams. In 1982, CPSC staff selecting the surface or direction of the temperature suited to hand washing. conducted some work comparing the The final amendments specify a wash fabric to be tested, how to determine ± ° ± ° flame impingement time of the electrical when testing five additional specimens temperature of 49 3 C (120 5 F). test chamber to that of a chamber with is necessary, as well as how to conduct Staff believes this temperature is hot the mechanical timing device and found the flammability test. enough to remove any water soluble finishes from the fabric which may that the electrical test chamber readings Test result interpretation and affect its flammability characteristics were comparable to and more consistent reporting. The current Standard and is appropriate for a machine wash. than the manual test chamber readings. provides no codes to report complex test The staff agrees that the most recent The revisions expressly permit the use results consistently which can be a version of AATCC 124 should be of electro-mechanical devices to control problem when classification is more referenced; the final amendments and apply the flame impingement. complex. The revision clarifies the Refurbishing methods. The Standard reference AATCC 124–2006. instructions for calculating burn times requires fabrics to be refurbished, that and establishing the occurrence of a b. Comment. One commenter is, dry cleaned and laundered, one time base burn. By defining the terms ‘‘base recommended allowing the use of a before testing. The purpose of this burn’’ and ‘‘surface flash’’ in § 1610.2, ‘‘trial dry cleaner’’ rather than a requirement is to remove any non- the revision provides further commercial dry cleaning machine. durable solvent or water soluble Response. The dry cleaning procedure treatment present on the fabric. It is not clarification for the reporting of test results for raised surface textile fabrics. in the proposed rule is similar but not intended to replicate how the garment identical to the procedure specified in would be used or cared for by a The revision also specifies test result codes from CPSC’s laboratory test ASTM D1230 Standard Test Method for consumer. Both the dry cleaning and Flammability of Apparel Textiles, laundering procedures prescribed by the manual. Uniform result codes will facilitate reporting accuracy and section 9.2.1, Option B. The ASTM current Standard are outdated. The D1230 refurbishing procedure was Commission is revising these consistency, understanding of flammability performance, and found by staff and ASTM Committee procedures to better reflect modern D13 (Textiles) to be as stringent as the techniques for laundering and dry resolution of test result differences among laboratories. procedure specified in 16 CFR Part cleaning. 1610. Because the dry cleaning method The method of dry cleaning that the Subpart B and Subpart C. The specified in the current Standard is current Standard prescribes uses Commission is also making changes to illegal to perform in the United States, perchloroethylene in an open vessel. subparts B and C of the Standard. To the industry and the CPSC staff have However, perchloroethylene has been reduce confusion, some provisions shown to cause cancer in animal tests, concerning procedures for conducting been using the ASTM D1230 section and use in this manner violates the tests that are currently in subparts 9.2.1, Option B for many years. Staff regulations issued by the U.S. B and C are moved into subpart A. This does not have any data to indicate Environmental Protection Agency. The should provide a more cohesive and whether the use of a ‘‘trial dry cleaner’’ Commission staff has not used this clearer standard. Subpart C is would be as stringent as the refurbishing procedure since 1986. (The Standard substantially the same, but some procedure in ASTM D1230. The amount allows alternate procedures if they are language has been clarified to make it of detergent to be used in the dry as stringent as the specified procedure.) more consistent with subparts A and B, cleaning procedure will depend on the Industry and independent laboratories and the section describing the history of capacity of the machine; this have been using an alternative dry the FFA and the Standard has been information is provided with the cleaning procedure provided in ASTM removed. machine manufacturer’s instructions. c. Comment. Three commenters D1230, Standard Test Method for D. Response to Comments on the NPR Apparel Flammability. This procedure disagreed with the specified ballast uses perchloroethylene in a closed On February 27, 2007, the (80% wool fabric pieces and 20% environment commercial dry cleaning Commission published an NPR. 72 FR polyester fabric pieces) in the proposal. machine for one cycle. The revision to 8844. The Commission received eight Response. Upon further the Standard prescribes a dry cleaning written comments. These were mostly consideration, the staff has decided to method based on the ASTM D1230 dry supportive and suggested minor change the specified ballast to 80% cleaning procedure. editorial changes to the proposal. wool and 20% cotton to be consistent The soap specified in the Specific issues raised by the comments with internationally recognized dry handwashing procedure in the current are discussed below. cleaning standards.

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d. Comment. Two commenters Response. Staff realizes that cotton not be provided, the exemption be questioned the need to dry clean responds quickly to changes in lowered to 2.0 oz/yd2. samples in a load that is 80% of the dry humidity, but concludes that testing Response. This information can be cleaning machine’s capacity and cotton and cotton containing fabrics found at 49 FR 242; December 14, 1984; suggested that the load should be 100% under the more severe atmospheric 16 CFR part 1610 Standard for the of the load’s capacity. conditions in the current standard Flammability of Clothing Textiles; Response. Staff concludes that the provides a greater level of safety than Requirements for Testing and International Fabricare Institute’s testing under standard textile testing Recordkeeping to Support Guaranties. recommendation of 80% capacity is conditions. Therefore, the staff has not No change has been made to the appropriate for proper dry cleaning. changed the conditioning requirements. exemptions. b. Comment. One commenter stated b. Comment. One commenter asked 2. Comments on Definitions that the procedure for selecting test for clarification about the Standard’s a. Comment. Several commenters specimens in § 1610.6(a)(3)(i), Raised applicability to scarves. made suggestions for changes to the surface textile fabrics—(i) Preliminary Response. The proposed amendment, definitions in the proposal. Three trials is confusing. like the current 16 CFR part 1610, commenters requested clarification of Response. Staff has reviewed this applies to scarves. ‘‘base burn’’ and one commenter language and concludes that this c. Comment. One commenter asked suggested a change to the definition of procedure is properly explained in the that the Standard provide further ‘‘long dimension.’’ proposed rule; thus, the staff has not guidance on reasonable and Response. Staff considers the changed the language in the final rule. representative testing. proposed definition of ‘‘base burn’’ to be In addition, the commenter asked if Response. Guidance on developing a sufficiently clear. The definition there is a specific rate to be used when reasonable and representative testing includes specific burning characteristics brushing raised-fiber surface textile program was issued by the Commission that must be observed during and after fabrics. The Standard specifies only that in 1998 and can be found at 63 FR each test in order to distinguish between the specimen be brushed at a uniform 42697, August 11, 1998; Policy a base burn at point of flame rate; no change was made in the Statement—Reasonable and impingement and the type of base burn proposal. Representative Testing to Assure used to establish a Class 3 fabric, where 4. Comments on the Test Apparatus and Compliance with the Standard for the the base burn starts at places on the Materials Flammability of Clothing Textiles. specimen other than the point of flame E. Final Regulatory Analysis impingement as a result of surface flash. a. Comment. Several comments were received on the test apparatus and b. Comment. One commenter Introduction materials. Several commenters on the suggested changing the ‘‘long ANPR discussed the need for testing Section 4(j)(1) of the FFA requires that dimension’’ definition to ‘‘the 150mm (6 laboratories to be allowed to use more the Commission prepare a final inch) length of test specimen (cut with modern versions of the flammability test regulatory analysis for a final regulation the 6″ dimension in the same chamber. under the FFA and that it be published orientation of the worst burning Response. In the proposed with the final rule. 15 U.S.C. 1193(j)(1). direction of the overall fabric).’’ amendments the staff worked to achieve The following discussion, extracted Response. Staff does not agree a balance between providing an from the staff’s memorandum titled because the long dimension is not appropriate description of the ‘‘Final Regulatory Analysis of always in the fastest burning direction flammability test chamber, along with Amendment to the Flammability of the fabric. For example, when figures, without providing prescriptive Standard for Clothing Textiles,’’ preparing preliminary test specimens to requirements that would have limited addresses this requirement. determine the fastest burning direction the test chamber to a specific make and Potential Benefits and Costs of a plain surface textile fabric, the 6 model. inch length of each specimen will be in b. Comment. In response to the NPR, The clothing textiles Standard a different fabric direction. one commenter asked that more detailed provides a minimum level of fire c. Comment. One commenter information on the flammability test protection for articles of apparel worn requested that a definition for ‘‘coated cabinet be specified in the Standard. by consumers. The amendments under fabrics’’ be added to section Response. The final amendments consideration pertain to definitions and 1610.33(a)(2). provide additional details, including test methods, and are technical in Response. Staff agrees and has added manufacturing tolerances and nature. The amendments would not the definition for ‘‘coated fabrics’’ from descriptive language, which the staff affect the substance or likely results of ASTM D123–03 Standard Terminology believes will be helpful but will not the performance tests in the Standard; Relating to Textiles. limit or discourage the use of modern the projected effectiveness of the Standard would neither increase nor 3. Comments on the Test Procedure equipment. decrease as a result. Thus, there would a. Comment. One commenter 5. Comments on Exemptions, be no impact on the level or value of fire suggested that cotton fabrics, being Reasonable and Representative Testing, safety benefits (i.e., the reduced risk to hydrophilic, should be tested in and the Standard’s Applicability to the public of fire-related death, injury, standard humidity rather than be Specific Apparel Items or property damage) derived from the subject to the conditioning oven and a. Comment. One commenter asked Standard. dessicator at 0% humidity. The what the justification was for the 2.6 oz/ The amendment to the Standard is not commenter notes the proposed yd2 exemption for all plain surface expected to increase costs to conditions are more stringent than fabrics and asked for the historical manufacturers and importers of likely ‘‘real world’’ conditions and those information that formed the basis for the products that currently comply. These specified in two international textile test exemption. The commenter further firms have, for a number of years, been methods. requested that, if that information could conducting compliance tests using

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methods and apparatus that would be G. Environmental Considerations J. Findings allowed under the amendments. Section 1193(a) and (j)(2) of the FFA Overall, the amendments, if issued on a Because the revision continues current industry practices, it is not require the Commission to make certain final basis, would not likely have any findings when it issues or amends a significant impact on apparel and fabric expected to alter production processes or affect the amounts of materials used flammability standard. The Commission testing costs. must find that the standard or On balance, the technical in manufacturing, packaging or labeling. Therefore, the Commission does not amendment: (1) Is needed to adequately amendments would have no significant protect the public against the risk of the impact on expected benefits or costs of expect the revision to have any environmental impacts. occurrence of fire leading to death, the flammability standard for clothing injury or significant property damage; textiles. The amendment would H. Executive Orders (2) is reasonable, technologically simplify testing requirements and allow Executive Order 12988 (February 5, practicable, and appropriate; (3) is existing practices among manufacturers limited to fabrics, related materials or and importers subject to the standard. 1996), requires agencies to state in clear language the preemptive effect, if any, to products which present unreasonable Alternatives be given to a new regulation. The risks; and (4) is stated in objective clothing standard amendment would terms. 15 U.S.C. 1193(b). In addition, There is an existing U.S. voluntary the Commission must find that: (1) If an standard for wearing apparel. This modify a flammability standard issued under the FFA. The FFA provides, with applicable voluntary standard has been standard, ASTM D1230, ‘‘Test Method adopted and implemented, that for Flammability of Apparel Textiles,’’ certain exceptions which are not applicable in this instance, that no state compliance with the voluntary standard contains performance tests that are is not likely to adequately reduce the virtually identical to those in the or political subdivision of a state may enact or continue in effect ‘‘a risk of injury, or compliance with the existing FFA standard, but that are voluntary standard is not likely to be presented in a standard ASTM format flammability standard or other regulation’’ applicable to the same fabric substantial; (2) that benefits expected with somewhat different language on from the regulation bear a reasonable some elements. The Commission could or product covered by an FFA standard if the state or local flammability relationship to its costs; and (3) that the opt to use the ASTM standard language regulation imposes the least instead of the language of the standard or other regulation is ‘‘designed to protect against the same burdensome alternative that would amendments. The language of the adequately reduce the risk of injury. CPSC’s amendments is, however, clearer risk of the occurrence fire’’ unless the state or local flammability standard or These findings are discussed below. and more complete than that of the The amendment to the Standard is regulation ‘‘is identical’’ to the FFA ASTM standard. The ASTM alternative needed to adequately protect the public standard. See section 16 of the FFA (15 would have no significant economic against unreasonable risk of the U.S.C. 1203). effects. occurrence of fire. The Standard dates An existing U.S. voluntary consensus I. Effective Date from 1953. In the past fifty years standard for clothing textile washing changes in technology and consumer procedures, AATCC Test Method 124– Section 4(b) of the FFA (15 U.S.C. practices have made some parts of the 2006, is incorporated by reference in the 1193(b)) provides that an amendment of Standard obsolete. Through the years, amended federal standard. An a flammability standard shall become some have found the Standard’s international standard (ISO) test method effective one year from the date it is terminology and organization confusing also exists for apparel dry cleaning promulgated, unless the Commission and difficult to follow. The amendment procedures. The Commission could opt finds for good cause that an earlier or will better reflect the modern practices to incorporate the provisions of this later effective date is in the public followed by industry and consumers, international standard into the amended interest, and publishes that finding. and modifications in the language and federal standard, but they are no more Section 4(b) also requires that an organization of the Standard will clear or comprehensive than CPSC’s amendment of a flammability standard enhance its clarity. amendments. Again, this alternative shall exempt products ‘‘in inventory or The amendment to the Standard is would have no significant economic with the trade’’ on the date the reasonable, technologically practicable, effects. amendment becomes effective, unless and appropriate. The amendment In summary, there are no readily the Commission limits or withdraws essentially establishes in the Standard available and technically feasible that exemption because those products the practices currently followed by alternatives that would be significantly are so highly flammable that they are industry and testing laboratories. These different from the Commission’s dangerous for use by consumers. changes should enhance the Standard’s amendments. Thus, no reasonable The Commission believes that a reasonableness, practicability, and alternative would make the standard shorter effective date is in the public appropriateness. more effective or less costly. interest. The revisions reflect practices The amendment to the Standard is that industry and laboratories are limited to fabrics, related materials, and F. Regulatory Flexibility Certification currently following. Thus, the impact of products that present an unreasonable As discussed in the NPR, this the changes should be minimal. risk. The amendment continues to apply rulemaking will have little or no effect Moreover, making the clarifications in to the same textiles as the existing on small businesses in the textile and the revisions effective sooner than one Standard. apparel industries because the revisions year should be helpful to the public. Voluntary standards. The Standard is are largely technical, updating the FFA Therefore, the revisions to the Standard similar to ASTM D1230 Standard Test Standard to current industry practices. become effective 180 days after Method for Flammability of Apparel Therefore, the Commission concludes publication in the Federal Register. As Textiles in methods of testing but that the amendment will not have a required by the FFA, products ‘‘in significantly different in refurbishing significant economic impact on a inventory or with the trade’’ would be procedures, terminology and criteria. substantial number of small entities. exempt from the revised standard. The Commission believes that the

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amendment will provide better clarity to 1610.38 Maintenance of records by those (d) Specific exemptions. Experience industry and testing laboratories and furnishing guaranties. gained from years of testing in therefore is likely to better address the 1610.39 Shipments under section 11(c) of accordance with the Standard risk of injury. the Act. demonstrates that certain fabrics 1610.40 Use of alternative apparatus, Relationship of benefits to costs. procedures, or criteria for tests for consistently yield acceptable results Because the amendment reflects current guaranty purposes. when tested in accordance with the practices, both anticipated costs and Standard. Therefore, persons and firms benefits are likely to be negligible. Subpart C—Interpretations and Policies issuing an initial guaranty of any of the Least burdensome requirement. The 1610.61 Reasonable and representative following types of fabrics, or of products amendment makes no substantive testing to assure compliance with the made entirely from one or more of these changes to the Standard, but only standard for the clothing textiles. fabrics, are exempt from any provides modifications that are FIGURE 1 TO PART 1610—SKETCH OF requirement for testing to support FLAMMABILITY APPARATUS necessary to update and clarify the FIGURE 2 TO PART 1610—FLAMMABILITY guaranties of those fabrics: Standard. APPARATUS VIEWS (1) Plain surface fabrics, regardless of fiber content, weighing 2.6 ounces per K. Conclusion FIGURE 3 TO PART 1610—SPECIMEN HOLDER SUPPORTED IN SPECIMEN square yard or more; and For the reasons discussed above, the RACK (2) All fabrics, both plain surface and Commission finds that amending the FIGURE 4 TO PART 1610—AN EXAMPLE raised-fiber surface textiles, regardless clothing textile flammability standard is OF A TYPICAL INDICATOR FINGER of weight, made entirely from any of the needed to adequately protect the public FIGURE 5 TO PART 1610—AN EXAMPLE following fibers or entirely from against the unreasonable risk of the OF A TYPICAL GAS SHIELD combination of the following fibers: occurrence of fire leading to death, FIGURE 6 TO PART 1610—IGNITER acrylic, modacrylic, nylon, olefin, FIGURE 7 TO PART 1610—BRUSHING injury, and significant property damage. polyester, wool. DEVICE (e) Applicability. The requirements of The Commission also finds that the FIGURE 8 TO PART 1610—BRUSH amendment to the Standard is FIGURE 9 TO PART 1610—BRUSHING this part 1610 shall apply to textile reasonable, technologically practicable, DEVICE TEMPLATE fabric or related material in a form or state ready for use in an article of and appropriate. The Commission Authority: 15 U.S.C. 1191–1204. further finds that the amendment is wearing apparel, including garments limited to the fabrics, related materials Subpart A—The Standard and costumes finished for consumer and products which present such use. § 1610.1 Purpose, scope and applicability. unreasonable risks. § 1610.2 Definitions. (a) Purpose. The purpose of this List of Subjects in 16 CFR Part 1610 In addition to the definitions given in standard is to reduce danger of injury Section 2 of the Flammable Fabrics Act Clothing, Consumer protection, and loss of life by providing, on a as amended (15 U.S.C. 1191), the Flammable materials, Incorporation by national basis, standard methods of following definitions apply for this part reference, Reporting and recordkeeping testing and rating the flammability of 1610. requirements, Textiles, Warranties. textiles and textile products for clothing (a) Base burn (also known as base I use, thereby prohibiting the use of any Therefore, the Commission amends fabric ignition or fusing) means the dangerously flammable clothing textiles. Title 16 of the Code of Federal point at which the flame burns the Regulations by revising part 1610 to (b) Scope. The Standard provides ground (base) fabric of a raised surface read as follows: methods of testing the flammability of textile fabric and provides a self- clothing and textiles intended to be PART 1610—STANDARD FOR THE sustaining flame. Base burns, used to used for clothing, establishes three establish a Class 3 fabric, are those FLAMMABILITY OF CLOTHING classes of flammability, sets forth the TEXTILES burns resulting from surface flash that requirements which textiles shall meet occur on specimens in places other than Subpart A—The Standard to be classified, and warns against the the point of impingement when the use of those textiles which have burning warp and fill yarns of a raised surface Sec. characteristics unsuitable for clothing. 1610.1 Purpose, scope and applicability. textile fabric undergo combustion. Base 1610.2 Definitions. Hereafter, ‘‘clothing and textiles burns can be identified by an opacity 1610.3 Summary of test method. intended to be used for clothing’’ shall change, scorching on the reverse side of 1610.4 Requirements for classifying textiles. be referred to as ‘‘textiles.’’ the fabric, or when a physical hole is 1610.5 Test apparatus and materials. (c) Specific exceptions. This standard evident. 1610.6 Test procedure. shall not apply to: (1) Hats, provided (b) Burn time means the time elapsed 1610.7 Test sequence and classification they do not constitute or form part of a from ignition until the stop thread is criteria. covering for the neck, face, or shoulders 1610.8 Reporting results. severed as measured by the timing when worn by individuals; mechanism of the test apparatus. Subpart B—Rules and Regulations (2) Gloves, provided they are not more (c) Dry cleaning means the cleaning of 1610.31 Definitions. than 14 inches in length and are not samples in a commercial dry cleaning 1610.32 General requirements. affixed to or do not form an integral part machine under the conditions described 1610.33 Test procedures for textile fabrics of another garment; in § 1610.6. and film. (3) Footwear, provided it does not (d) Film means any non-rigid, 1610.34 Only uncovered or exposed parts of consist of hosiery in whole or part and unsupported plastic, rubber or other wearing apparel to be tested. is not affixed to or does not form an synthetic or natural film or sheeting, 1610.35 Procedures for testing special types integral part of another garment; of textile fabrics under the standard. subject to the Act, or any combination 1610.36 Application of Act to particular (4) Interlining fabrics, when intended thereof, including transparent, types of products. or sold for use as a layer between an translucent, and opaque material, 1610.37 Reasonable and representative tests outer shell and an inner lining in whether plain, embossed, molded, or to support guaranties. wearing apparel. otherwise surface treated, which is in a

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form or state ready for use in wearing combination thereof, of 50 mm (2 in) or with a rapid surface flash (0 to 7 apparel, and shall include film or more in width, and which is in a form seconds), provided the intensity of the sheeting of any thickness. or state ready for use in wearing flame is so low as not to ignite or fuse (e) Flammability means those apparel, including fabrics which have the base fabric. characteristics of a material that pertain undergone further processing, such as (b) Class 2, Intermediate flammability. to its relative ease of ignition and dyeing and finishing, in garment form, Class 2 fabrics, applicable only to relative ability to sustain combustion. for consumer use. raised-fiber surface textiles, are (f) Flame application time means the § 1610.3 Summary of test method. considered to be of intermediate 1 second during which the ignition flammability, but may be used for The Standard provides methods of flame is applied to the test specimen. clothing. This class shall include testing the flammability of textiles from (g) Ignition means that there is a self- textiles which meet the minimum or intended to be used for apparel; sustaining flame on the specimen after requirements set forth in paragraph establishes three classes of flammability; the test flame is removed. (b)(2) of this section. (h) Interlining means any textile sets forth the requirements for which is intended for incorporation into classifying textiles; and prohibits the (1) Plain surface textile fabric. Class 2 an article of wearing apparel as a layer use of single or multi-layer textile is not applicable to plain surface textile between an outer shell and an inner fabrics that have burning characteristics fabrics. lining. that make them unsuitable for apparel. (2) Raised surface textile fabric. Such (i) Laundering means washing with an All textiles shall be tested before and textiles in their original state and/or aqueous detergent solution and includes after refurbishing according to § 1610.6. after being refurbished as described in rinsing, extraction and tumble drying as Each specimen cut from the textile shall § 1610.6(a) and § 1610.6(b), when tested described in § 1610.6. be inserted in a frame, brushed if it has as described in § 1610.6, shall be (j) Long dimension means the 150 mm a raised-fiber surface, and held in a classified as Class 2, Intermediate (6 in) length of test specimen. special apparatus at an angle of 45°. A flammability, when the burn time is (k) Plain surface textile fabric means standardized flame shall be applied to from 4 through 7 seconds, both any textile fabric which does not have the surface near the lower end of the inclusive, and the base fabric ignites or an intentionally raised fiber or yarn specimen for 1 second, and the time fuses. surface such as a pile, nap, or tuft, but required for the flame to proceed up the (c) Class 3, Rapid and intense shall include those fabrics that have fabric a distance of 127 mm (5 in) shall burning. Class 3 textiles exhibit rapid fancy woven, knitted or flock-printed be recorded. A notation shall be made and intense burning, are dangerously surfaces. as to whether the base of a raised- flammable and shall not be used for (l) Raised surface textile fabric means surface textile fabric ignites or fuses. clothing. This class shall include any textile fabric with an intentionally textiles which have burning raised fiber or yarn surface, such as a § 1610.4 Requirements for classifying textiles. characteristics as described in pile, including flocked pile, nap, or paragraphs (c)(1) and (c)(2) of this (a) Class 1, Normal Flammability. tufting. section. Such textiles are considered Class 1 textiles exhibit normal (m) Refurbishing means dry cleaning dangerously flammable because of their flammability and are acceptable for use and laundering in accordance with rapid and intense burning. § 1610.6. in clothing. This class shall include (n) Sample means a portion of a lot of textiles which meet the minimum (1) Plain surface textile fabric. Such material which is taken for testing or for requirements set forth in paragraph textiles in their original state and/or record keeping purposes. (a)(1) or paragraph (a)(2) of this section. after refurbishing as described in (o) Specimen means a 50 mm by 150 (1) Plain surface textile fabric. Such § 1610.6(a) and § 1610.6(b), when tested mm (2 in by 6 in) section of sample. textiles in their original state and/or as described in § 1610.6, shall be (p) Stop thread supply means No. 50, after being refurbished as described in classified as Class 3 Rapid and Intense white, mercerized, 100% cotton sewing § 1610.6(a) and § 1610.6(b), when tested Burning when the time of flame spread thread. as described in § 1610.6 shall be is less than 3.5 seconds. (q) Surface flash means a rapid classified as Class 1, Normal (2) Raised surface textile fabric. Such burning of the pile fibers and yarns on flammability, when the burn time is 3.5 textiles in their original state and/or a raised fiber surface textile that may or seconds or more. after refurbishing as described in may not result in base burning. (2) Raised surface textile fabric. Such § 1610.6(a) and § 1610.6(b), when tested (r) Textile fabric means any coated or textiles in their original state and/or as described in § 1610.6, shall be uncoated material subject to the Act, after being refurbished as described in classified as Class 3 Rapid and Intense except film and fabrics having a nitro- § 1610.6(a) and § 1610.6(b), when tested Burning when the time of flame spread cellulose fiber, finish, or coating, which as described in § 1610.6, shall be is less than 4 seconds, and the base is woven, knitted, felted or otherwise classified as Class 1, Normal fabric starts burning at places other than produced from any natural or manmade flammability, when the burn time is the point of impingement as a result of fiber, or substitute therefore, or more than 7 seconds, or when they burn the surface flash (test result code SFBB).

TABLE 1 TO § 1610.4.—SUMMARY OF TEST CRITERIA FOR SPECIMEN CLASSIFICATION [SEE § 1610.7]

Class Plain surface textile fabric Raised surface textile fabric

1 ...... Burn time is 3.5 seconds or more ACCEPTABLE (3.5 sec is (1) Burn time is greater than 7.0 seconds; or a pass). (2) Burn time is 0–7 seconds with no base burns (SFBB). Ex- hibits rapid surface flash only. ACCEPTABLE.

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TABLE 1 TO § 1610.4.—SUMMARY OF TEST CRITERIA FOR SPECIMEN CLASSIFICATION—Continued [SEE § 1610.7]

Class Plain surface textile fabric Raised surface textile fabric

2 ...... Class 2 is not applicable to plain surface textile fabrics ...... Burn time is 4–7 seconds (inclusive) with base burn (SFBB). ACCEPTABLE. 3 ...... Burn time is less than 3.5 seconds. NOT ACCEPTABLE ...... Burn time is less than 4.0 seconds with base burn (SFBB). NOT ACCEPTABLE.

§ 1610.5 Test apparatus and materials. (iii) Specimen holder. The specimen motion for the timing mechanism. The (a) Flammability apparatus. The holder supports and holds the fabric weight shall be at least 30g (1.16 oz). flammability test apparatus consists of a specimen. The specimen holder shall (viii) Door. The door shall be a clear draft-proof ventilated chamber consist of two 2 mm (0.06 in) thick U- (i.e. glass or plexiglass) door, close enclosing a standardized ignition shaped matched metal plates. The plates fitting and allows for viewing of the mechanism, sample rack, and automatic are slotted and loosely pinned for entire test. timing mechanism. The flammability alignment. The specimen shall be firmly (ix) Hood. The hood or other suitable apparatus shall meet the minimum sandwiched in between the metal plates enclosure shall provide a draft-proof requirements for testing as follows. with clamps mounted along the sides. environment surrounding the test chamber. The hood or other suitable (1) Test chamber—(i) Test chamber The two plates of the holder shall cover enclosure shall have a fan or other structure. The test chamber shall be a all but 3.8 cm (1.5 in) of the width of means for exhausting smoke and/or metal, draft-proof ventilated chamber. the specimen for its full length. See fumes produced by testing. The test chamber shall have inside Figures 1 and 3 of this part. The (2) Stop thread and thread guides—(i) dimensions of 35.3 cm high by 36.8 cm specimen holder shall be supported in Stop thread. The stop thread shall be wide by 21.6 cm deep (14 in by 14.5 in the draft-proof chamber on the rack at ° stretched from the spool through by 8.5 in). There shall be eleven or an angle of 45 . (iv) Indicator finger. The position of suitable thread guides provided on the twelve 12.7 mm diameter (0.5 in) holes the specimen rack (described in specimen holder and chamber walls. equidistant along the rear of the top paragraph (a)(1)(ii) of this section) shall (ii) Stop thread supply. This supply, closure. The front of the chamber shall be adjusted, so the tip of the indicator consisting of a spool of No. 50, white, be a close fitting door with an insert finger just touches the surface of the mercerized, 100% cotton sewing thread, made of clear material (i.e., glass, specimen. An indicator finger is shall be fastened to the side of the plexiglass) to permit observation of the necessary to ensure that the tip of the chamber and can be withdrawn by entire test. A ventilating strip is test flame will impinge on the specimen releasing the thumbscrew holding it in provided at the base of the door in the during testing. The indicator finger to be position. front of the apparatus. The test chamber used in this test method is illustrated in (iii) Thread Guides. The thread guides to be used in this test method is Figures 1, 2 and 4 of this part. permit the lacing of the stop thread in illustrated in Figures 1 and 2 of this (v) Ignition mechanism. The ignition the proper position exactly 127 mm (5 part. mechanism shall consist of a motor in) from the point where the center of (ii) Specimen rack. The specimen rack driven butane gas jet formed around a the ignition flame impinges on the test provides support for the specimen 26-gauge hypodermic needle and creates specimen. The stop thread shall be 9.5 holder (described in paragraph (a)(1)(iii) the test flame. The test flame shall be mm (0.37 in) above and parallel to the of this section) in which the specimen protected by a shield. See Figure 5. The lower surface of the top plate of the is mounted for testing. The angle of test flame is adjusted to 16 mm (0.625 specimen holder. This condition can be ° inclination shall be 45 . Two guide pins in) and applied to the specimen for 1 achieved easily and reproducibly with projecting downward from the center of second. A trigger device is located in the the use of a thread guide popularly the base of the rack travel in slots front of the apparatus, the pulling or referred to as a ‘‘sky hook’’ suspended provided in the floor of the chamber so pushing of which activates the test down from the top panel along with two that adjustment can be made for the flame impingement and timing device. L-shaped thread guides attached to the thickness of the specimen in relation to Electro-mechanical devices (i.e., servo- upper end of the top plate of the the test flame. A stop shall be provided motors, solenoids, micro-switches, and specimen holder. Two other thread in the base of the chamber to assist in electronic circuits, in addition to guides can be installed on the rear panel adjusting the position of the rack. The miscellaneous custom made cams and to draw the thread away from directly specimen rack shall be constructed so rods, shock absorbing linkages, and over the test flame. The essential that: It supports the specimen holder in various other mechanical components) condition, however, is the uniform a way that does not obstruct air flow can be used to control and apply the height of 9.5 mm (0.37 in) for the stop around the bottom edge of the fabric flame impingement. See Figure 6 of this thread and not the number, placement specimen; and the fabric specimen is part. or design of the thread guides. properly aligned with the igniter tip (vi) Draft ventilator strip. A draft (iv) Stop weight thread guide. This during flame impingement. The ventilator strip shall be placed across thread guide shall be used to guide the specimen rack to be used in this test the front opening, sealing the space stop thread when attaching the stop method is illustrated in Figures 1 between the sliding door when in weight. through 3 of this part. Movable rack: lowered position and the base on which (3) Supply for test flame. (i) The fuel Refer to the manufacturers’ instruction the grid rack is attached. (See Figure 1 supply shall be a cylinder of chemically in relation to the adjustment procedure of this part.) pure (c. p.) butane. to move the rack into the appropriate (vii) Stop weight. The weight, (ii) The fuel-tank control valve shall position for the indicator finger attached by means of a clip to the stop consist of a sensitive control device for alignment. thread, in dropping actuates the stop regulating the fuel supply at the tank.

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(iii) The flow control device, such as (9) Laundering detergent. The cut so that the metallic thread is parallel a manometer or flow meter, shall be laundering detergent shall be as to the long dimension of the specimen sufficient to maintain a consistent flame specified in § 1610.6(b)(1)(ii). and arranged so the test flame impinges length of 16 mm (5⁄8 in). (10) Brushing device. The brushing on a metallic thread. (4) Timing Device. The timing device device shall consist of a base board over (iv) Embroidery. Embroidery on consists of a timer, driving mechanism which a small carriage is drawn. See netting material shall be tested with two and weight. The timer, by means of Figure 7 of this part. This carriage runs sets of preliminary specimens to special attachments, is actuated to start on parallel tracks attached to the edges determine the most flammable area by connection with the gas jet. A trigger of the upper surface of the base board. (which offers the greatest amount of device (described in paragraph (a)(1)(v) The brush is hinged with pin hinges at netting or embroidery in the 150 mm (6 of this section) activates the flame the rear edge of the base board and rests in.) direction). One set of netting only impingement, causing the driving on the carriage vertically with a shall be tested and the other set shall mechanism to move the gas jet to its pressure of 150 gf (0.33 lbf). The brush consist mainly of embroidery with the most forward position and shall consist of two rows of stiff nylon specimens cut so that the test flame automatically starts the timer at the bristles mounted with the tufts in a impinges on the embroidered area. Test moment of flame impact with the staggered position. The bristles are 0.41 the most flammable area according to specimen. The falling weight, when mm (0.016 in) in diameter and 19 mm the plain surface textile fabric caused to move by severance of the stop (0.75 in) in length. There are 20 bristles requirements. The full test shall be thread, stops the timer. Time shall be per tuft and 4 tufts per inch. See Figure completed on a sample cut from the area read directly and recorded as a burn 8 of this part. A clamp is attached to the that has the fastest burn rate. (v) Burn-out patterns. Flat woven time. Read burn time to 0.1 second. An forward edge of the movable carriage to constructions with burn-out patterns electronic or mechanical timer can be permit holding the specimen on the shall be considered plain surface textile used to record the burn time, and carriage during the brushing operation. fabrics as defined in § 1610.2(k). electro-mechanical devices (i.e., servo- The purpose of the metal plate or ‘‘template’’ on the carriage of the (vi) Narrow fabrics and loose fibrous motors, solenoids, micro-switches, and materials. Narrow fabrics and loose electronic circuits, in addition to brushing device is to support the specimen during the brushing fibrous materials manufactured less miscellaneous custom made cams and than 50 mm (2 in) in width in either rods, shock absorbing linkages, and operation. The template shall be 3.2 mm (0.13 in) thick. See Figure 9 of this part. direction shall not be tested. If a 50 mm various other mechanical components) by 150 mm (2 in by 6 in) specimen can be used to control and apply the § 1610.6 Test procedure. cannot be cut due to the nature of the flame impingement. The test procedure is divided into two item, i.e. hula skirts, leis, fringe, loose (b) Specimen preparation equipment steps. Step 1 is testing in the original feathers, wigs, hairpieces, etc., do not and materials. state; Step 2 is testing after the fabric conduct a test. (1) Laboratory drying oven. This shall has been refurbished according to (2) Plain surface textile fabrics: (i) be a forced circulation drying oven paragraph (b)(1) of this section. Preliminary trials. Conduct preliminary capable of maintaining 105° ± 3° C (221° (a) Step 1—Testing in the original trials to determine the quickest burning ± 5° F) for 30 ± 2 minutes to dry the state. direction. The specimen size shall be 50 specimens while mounted in the (1) Tests shall be conducted on the mm by 150 mm (2 in by 6 in). Cut one specimen holders. fabric in a form or state ready for use in specimen from each direction of the (2) Desiccator. This shall be an wearing apparel. Determine whether the fabric. Identify the fabric direction being airtight and moisture tight chamber fabric to be tested is a plain surface careful not to make any identifying capable of holding the specimens textile fabric or a raised surface textile marks in the exposed area to be tested. horizontally without contacting each fabric as defined in § 1610.2 (k) and (l). Preliminary specimens shall be other during the cooling period There are some fabrics that require extra mounted and conditioned as described following drying, and shall contain attention when preparing test specimens in paragraphs (a)(2)(ii) through (iv) of silica gel desiccant. because of their particular construction this section and then tested following (3) Desiccant. Anhydrous silica gel characteristics. Examples of these the procedure in paragraph (c) of this shall be used as the desiccant. fabrics are provided in paragraphs section to determine if there is a (4) Automatic washing machine. The (a)(1)(i) through (vi) of this section along difference in the burning characteristics automatic washing machine shall be as with guidelines for preparing specimens with respect to the direction of the described in § 1610.6(b)(1)(ii). from these fabrics. This information is fabric. (ii) Identify and cut test specimens. (5) Automatic tumble dryer. The not intended to be all-inclusive. (i) Flocked fabrics. Fabrics that are Cut the required number of test automatic tumble dryer shall be as flocked overall are treated as raised specimens to be tested (refer to described in § 1610.6(b)(1)(ii). surface textile fabrics as defined in § 1610.7(b)(1)). Each specimen shall be (6) Commercial dry cleaning machine. § 1610.2(l). Flock printed fabrics 50 mm by 150 mm (2 in by 6 in), with The commercial dry cleaning machine (usually in a pattern and not covering the long dimension in the direction in shall be capable of providing a complete the entire surface) shall be treated as which burning is most rapid as automatic dry-to-dry cycle using plain surface textile fabrics as defined in established in the preliminary trials. Be perchloroethylene solvent and a § 1610.2(k). careful not to make any identifying cationic drycleaning detergent as (ii) Cut velvet fabrics. Cut velvet marks in the exposed area to be tested. specified in § 1610.6(b)(1)(i). fabrics with a patterned construction (iii) Mount specimens. Specimens (7) Dry cleaning solvent. The solvent shall be considered a raised surface shall be placed in the holders, with the shall be perchloroethylene, commercial textile fabric as defined in § 1610.2(l). side to be burned face up. Even though grade. (iii) Metallic thread fabrics. Metallic plain surface textile fabrics are not (8) Dry cleaning detergent. The dry thread fabrics shall be considered plain brushed, all specimens shall be cleaning detergent shall be cationic surface textile fabrics provided the base mounted in a specimen holder placed class. fabric is smooth. The specimens shall be on the carriage that rides on the

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brushing device to ensure proper (iii) Mount specimens. Prior to Samples shall be dry cleaned in a position in the holder. A specimen shall mounting the specimen, run a fingernail commercial dry cleaning machine, using be placed between the two metal plates along the 150 mm (6 in) edge of the the following prescribed conditions: of a specimen holder and clamped. Each fabric not more than 6.4 mm (0.25 in) Solvent: Perchloroethylene, commercial specimen shall be mounted and in from the side to determine the lay of grade clamped prior to conditioning and the surface fibers. All specimens shall Detergent class: Cationic. testing. be mounted in a specimen holder Cleaning time: 10–15 minutes. (iv) Condition specimens. All placed on the carriage that rides on the Extraction time: 3 minutes. specimens mounted in the holders shall brushing device. The specimens shall be Drying Temperature: 60–66° C (140– then be placed in a horizontal position mounted with the side to be burned face 150° F). on an open metal shelf in the oven to up and positioned so the lay of the Drying Time: 18–20 minutes. permit free circulation of air around surface fibers is going away from the Cool Down/Deodorization time: 5 them. The specimens shall be dried in closed end of the specimen holder. The minutes. the oven for 30 ± 2 minutes at 105° ± specimen must be positioned in this Samples shall be dry cleaned in a load 3° C (221° ± 5° F), removed from the manner so that the brushing procedure that is 80% of the machine’s capacity. oven and placed over a bed of described in paragraph (a)(3)(iv) of this (B) If necessary, ballast consisting of anhydrous silica gel desiccant in a section will raise the surface fibers, i.e., clean textile pieces or garments, white desiccator until cool, but not less than the specimen is brushed against the or light in color and consisting of 15 minutes. direction of the lay of the surface fibers. approximately 80% wool fabric pieces (v) Flammability test. Follow the test The specimen shall be placed between and 20% cotton fabric pieces, shall be the two metal plates of the specimen procedure in paragraph (c) of this used. section and also follow the test holder and clamped. (ii) Laundering procedure. The (iv) Brush specimens. After mounting sequence in § 1610.7(b)(1). sample, after being subjected to the dry in the specimen holder (and with the (3) Raised surface textile fabrics—(i) cleaning procedure, shall be washed holder still on the carriage that rides on Preliminary trials. The most flammable and dried one time in accordance with the brushing device) each specimen surface of the fabric shall be tested. shall be brushed one time. The carriage sections 8.2.2, 8.2.3 and 8.3.1(A) of Conduct preliminary trials and/or visual is pushed to the rear of the brushing AATCC Test Method 124–2006 examination to determine the quickest device, see Figure 7, and the brush, see ‘‘Appearance of Fabrics after Repeated burning area. The specimen size shall be Figure 8, lowered to the face of the Home Laundering’’ (incorporated by 50 mm by 150 mm (2 in by 6 in). For specimen. The carriage shall be drawn reference at § 1610.6(b)(1)(B)(iii)). raised surface textile fabrics, the forward by hand once against the lay of Washing shall be performed in direction of the lay of the surface fibers the surface fibers at a uniform rate. accordance with sections 8.2.2 and 8.2.3 shall be parallel with the long Brushing of a specimen shall be of AATCC Test Method 124–2006 using dimension of the specimen. Specimens performed with the specimen mounted AATCC 1993 Standard Reference shall be taken from that part of the Detergent, powder and wash water in a specimen holder. The purpose of ° raised-fiber surface that appears to have the metal plate or ‘‘template’’ on the temperature (IV) (120 * 50* F; 49* * the fastest burn time. For those fabrics carriage of the brushing device is to 30* C) specified in Table II of that where it may be difficult to visually support the specimen during the method, and the water level, agitator determine the correct direction of the brushing operation. See Figure 9. speed, washing time, spin speed and lay of the raised surface fibers, (v) Condition specimens. All final spin cycle specified for ‘‘Normal/ preliminary tests can be done to specimens (mounted and brushed) in Cotton Sturdy’’ in Table III. A maximum determine the direction of the fastest the holders shall be then placed in a wash load shall be 8 pounds (3.63 kg) burn time. For textiles with varying horizontal position on an open metal and may consist of any combination of depths of pile, tufting, etc., the shelf in the oven to permit free test samples and dummy pieces. Drying preliminary test specimens are taken circulation of air around them. The shall be performed in accordance with from each depth of pile area to specimens shall be dried in the oven for section 8.3.1(A) of that test method, determine which exhibits the quickest 30 ± 2 minutes at 105° ± 3° C (221 ° ± Tumble Dry, using the exhaust ° ° ° ° rate of burning. A sufficient number of 5° F) removed from the oven and placed temperature (150 * 10 F; 66 * 5 C) preliminary specimens shall be tested to over a bed of anhydrous silica gel and cool down time of 10 minutes provide adequate assurance that the dessicant in a desiccator until cool, but specified in the ‘‘Durable Press’’ raised surface textile fabric will be not less than 15 minutes. conditions of Table IV. tested in the quickest burning area. (vi) Conduct flammability test. Follow (iii) AATCC Test Method 124–2006 Preliminary specimens shall be the procedure in paragraph (c) of this ‘‘Appearance of Fabrics after Repeated mounted and conditioned as described section and follow the test sequence in Home Laundering,’’ is incorporated by below and tested following the § 1610.7(b)(3). reference. The Director of the Federal procedure in paragraph (c) of this (b) Step 2—Refurbishing and testing Register approves this incorporation by section. after refurbishing. reference in accordance with 5 U.S.C. (ii) Identify and cut test specimens. (1) The refurbishing procedures are 552(a) and 1 CFR part 51. You may Cut the required number of specimens the same for both plain surface textile obtain a copy from the American (refer to § 1610.7(b)(3)) to be tested. fabrics and raised fiber surface textile Association of Textile Chemists and Each specimen shall be 50 mm by 150 fabrics. Those samples that result in a Colorists, P.O. Box 12215, Research mm (2 in by 6 in), with the specimen Class 3, Rapid and Intense Burning after Triangle Park, North Carolina 27709. taken from the direction in which Step 1 testing in the original state shall You may inspect a copy at the Office of burning is most rapid as established in not be refurbished and shall not the Secretary, Consumer Product Safety the preliminary trials and/or visual undergo Step 2. Commission, Room 502, 4330 East West examination. Be careful not to make any (i) Dry cleaning procedure. (A) All Highway, Bethesda, Maryland 20814 or identifying marks in the exposed area to samples shall be dry cleaned before they at the National Archives and Records be tested. undergo the laundering procedure. Administration (NARA). For

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information on the availability of this using the test result codes. Please note inconclusive. The fabric cannot be material at NARA, call 202–741–6030, for raised-fiber surface textile fabrics, classified. or go to http://www.archives.gov/ specimens should be allowed to (2) Step 2, Plain Surface Textile federal_register/ continue burning, even though a burn Fabrics after refurbishing in accordance code_of_federal_regulations/ rate is measured, to determine if the with § 1610.6(b)(1). ibr_locations.html. base fabric will fuse. (i) Conduct preliminary tests in (2) Testing plain surface textile fabrics (8) After exhausting all fumes and accordance with § 1610.6(a)(2)(i) to after refurbishing. The test procedure is smoke produced during the test, turn off determine the fastest burning direction the same as for Step 1—Testing in the the fan before testing the next specimen. of the fabric. original state described in paragraph (ii) Prepare and test five specimens (a)(1) of this section; also follow the test § 1610.7 Test sequence and classification from the fastest burning direction. The sequence § 1610.7(b)(2). criteria. burn times determine whether to stop (3) Testing raised fiber surface textile (a) Preliminary and final testing and assign the preliminary fabrics after refurbishing. The test classifications. Preliminary classification or to test five additional procedure is the same as for Step 1— classifications are assigned based on the specimens. Testing in the original state as described test results both before and after (iii) Stop testing and assign the in paragraph (a)(3) of this section; also refurbishing. The final classification preliminary classification of Class 1, follow the test sequence in shall be the preliminary classification Normal Flammability, when: § 1610.7(b)(4). before or after refurbishing, whichever (A) There are no burn times; or (c) Procedure for testing flammability. is the more severe flammability (B) There is only one burn time, and (1) The test chamber shall be located classification. it is equal to or greater than 3.5 seconds; under the hood (or other suitable (b) Test sequence and classification or enclosure) with the fan turned off. Open criteria. (C) The average burn time of two or the control valve in the fuel supply. (1) Step 1, Plain Surface Textile more specimens is equal to or greater Allow approximately 5 minutes for the Fabrics in the original state. than 3.5 seconds. air to be drawn from the fuel line, ignite (i) Conduct preliminary tests in (iv) Test five additional specimens the gas and adjust the test flame to a accordance with § 1610.6(a)(2)(i) to when there is only one burn time, and length of 16 mm (5⁄8 in), measured from determine the fastest burning direction it is less than 3.5 seconds; or there is an its tip to the opening in the gas nozzle. of the fabric. average burn time less than 3.5 seconds. (2) Remove one mounted specimen (ii) Prepare and test five specimens Test five additional specimens from the from the desiccator at a time and place from the fastest burning direction. The fastest burning direction as previously it in position on the specimen rack in burn times determine whether to assign determined by the preliminary the chamber of the apparatus. Thick the preliminary classification and specimens. The burn times for the 10 fabrics may require adjustment of the proceed to § 1610.6(b) or to test five specimens determine the preliminary specimen rack so that the tip of the additional specimens. classification when: indicator finger just touches the surface (iii) Assign the preliminary (A) There are two or more burn times of the specimen. classification of Class 1, Normal with an average burn time of 3.5 (3) Adjust the position of the Flammability and proceed to § 1610.6(b) seconds or greater. The preliminary specimen rack of the flammability test when: classification is Class 1, Normal chamber so that the tip of the indicator (A) There are no burn times; or Flammability; or finger just touches the face of the (B) There is only one burn time and (B) There are two or more burn times mounted specimen. it is equal to or greater than 3.5 seconds; with an average burn time of less than (4) String the stop thread through the or 3.5 seconds. The preliminary and final guides in the upper plate of the (C) The average burn time of two or classification is Class 3, Rapid and specimen holder across the top of the more specimens is equal to or greater Intense Burning; or specimen, and through any other thread than 3.5 seconds. (v) If there is only one burn time out guide(s) of the chamber. Hook the stop (iv) Test five additional specimens of the 10 specimens, the test results are weight in place close to and just below when there is either only one burn time, inconclusive. The fabric cannot be the stop weight thread guide. Set the and it is less than 3.5 seconds; or there classified. timing mechanism to zero. Close the is an average burn time of less than 3.5 (3) Step 1, Raised Surface Textile door of the flammability test chamber. seconds. Test these five additional Fabric in the original state. (5) Begin the test within 45 seconds specimens from the fastest burning (i) Determine the area to be most of the time the specimen was removed direction as previously determined by flammable per § 1610.6(a)(3)(i). from the desiccator. Activate the trigger the preliminary specimens. The burn (ii) Prepare and test five specimens device to impinge the test flame. The times for the 10 specimens determine from the most flammable area. The burn trigger device controls the impingement whether to: times and visual observations determine of the test flame onto the specimen and (A) Stop testing and assign the final whether to assign a preliminary starts the timing device. The timing is classification as Class 3, Rapid and classification and proceed to § 1610.6(b) automatic and stops when the weight is Intense Burning only when there are or to test five additional specimens. released by the severing of the stop two or more burn times with an average (iii) Assign the preliminary thread. burn time of less than 3.5 seconds; or classification and proceed to § 1610.6(b) (6) At the end of each test, turn on the (B) Assign the preliminary when: hood fan to exhaust any fumes or smoke classification of Class 1, Normal (A) There are no burn times. The produced during the test. Flammability and proceed to § 1610.6(b) preliminary classification is Class 1, (7) Record the burn time (reading of when there are two or more burn times Normal Flammability; or the timer) for each specimen, along with with an average burn time of 3.5 (B) There is only one burn time and visual observation using the test result seconds or greater. it is less than 4 seconds without a base codes given in § 1610.8. If there is no (v) If there is only one burn time out burn, or it is 4 seconds or greater with burn time, record the visual observation of the 10 test specimens, the test is or without a base burn. The preliminary

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classification is Class 1, Normal more base burns. The preliminary (v) If required, test five additional Flammability; or classification is Class 2, Intermediate specimens from the most flammable (C) There are no base burns regardless Flammability, or area. The burn times and visual of the burn time(s). The preliminary (v) If there is only one burn time out observations for the 10 specimens classification is Class 1, Normal of the 10 specimens, the test is determine the preliminary classification Flammability; or inconclusive. The fabric cannot be when: (D) There are two or more burn times classified. (A) The average burn time is less than with an average burn time of 0–7 (4) Step 2, Raised Surface Textile 4 seconds with no more than two base seconds with a surface flash only. The Fabric After Refurbishing in accordance burns. The preliminary classification is preliminary classification is Class 1, with § 1610.6(b). Class 1, Normal Flammability; or Normal Flammability; or (i) Determine the area to be most (B) The average burn time is less than (E) There are two or more burn times flammable in accordance with 4 seconds with three or more base with an average burn time greater than § 1610.6(a)(3)(i). burns. The preliminary and final 7 seconds with any number of base (ii) Prepare and test five specimens classification is Class 3, Rapid and burns. The preliminary classification is from the most flammable area. Burn Intense Burning; or Class 1, Normal Flammability; or times and visual observations determine (C) The average burn time is greater (F) There are two or more burn times whether to stop testing and determine than 7 seconds. The preliminary with an average burn time of 4 through the preliminary classification or to test classification is Class 1, Normal 7 seconds (both inclusive) with no more five additional specimens. Flammability; or than one base burn. The preliminary (iii) Stop testing and assign the (D) The average burn time is 4–7 classification is Class 1, Normal preliminary classification when: seconds (both inclusive), with no more Flammability; or (A) There are no burn times. The than two base burns. The preliminary (G) There are two or more burn times preliminary classification is Class 1, classification is Class 1, Normal with an average burn time less than 4 Normal Flammability; or Flammability; or seconds with no more than one base (B) There is only one burn time, and (E) The average burn time is 4–7 burn. The preliminary classification is it is less than 4 seconds without a base seconds (both inclusive), with three or Class 1, Normal Flammability; or burn; or it is 4 seconds or greater with more base burns. The preliminary (H) There are two or more burn times or without a base burn. The preliminary classification is Class 2, Intermediate with an average burn time of 4 through classification is Class 1, Normal Flammability; or 7 seconds (both inclusive) with two or Flammability; or (vi) If there is only one burn time out more base burns. The preliminary (C) There are no base burns regardless of the 10 specimens, the test is classification is Class 2, Intermediate of the burn time(s). The preliminary inconclusive. The fabric cannot be Flammability. classification is Class 1, Normal classified. (iv) Test five additional specimens Flammability; or when the tests of the initial five (D) There are two or more burn times § 1610.8 Reporting results. specimens result in either of the with an average burn time of 0 to 7 (a) The reported result shall be the following: There is only one burn time seconds with a surface flash only. The classification before or after and it is less than 4 seconds with a base preliminary classification is Class 1, refurbishing, whichever is the more burn; or the average of two or more burn Normal Flammability; or severe; and based on this result, the times is less than 4 seconds with two or (E) There are two or more burn times textile shall be placed in the proper more base burns. Test these five with an average burn time greater than final classification as described in additional specimens from the most 7 seconds with any number of base § 1610.4. flammable area. The burn times and burns. The preliminary classification is (b) Test result codes. The following visual observations for the 10 specimens Class 1, Normal Flammability; or are the definitions for the test result will determine whether to: (F) There are two or more burn times codes, which shall be used for recording (A) Stop testing and assign the final with an average burn time of 4 through flammability results for each specimen classification only if the average burn 7 seconds (both inclusive) with no more that is burned. time for the 10 specimens is less than than one base burn. The preliminary (1) For Plain Surface Textile Fabrics: 4 seconds with three or more base classification is Class 1, Normal DNI Did not ignite. burns. The final classification is Class 3, Flammability; or IBE Ignited, but extinguished. _ _ Rapid and Intense Burning; or (G) There are two or more burn times . sec. Actual burn time measured and (B) Assign the preliminary with an average burn time less than 4 recorded by the timing device. classification and continue on to seconds with no more than one base (2) For Raised Surface Textile Fabrics: § 1610.6(b) when: burn. The preliminary classification is SF uc Surface flash, under the stop (1) The average burn time is less than Class 1, Normal Flammability; or thread, but does not break the stop 4 seconds with no more than two base (H) There are two or more burn times thread. burns. The preliminary classification is with an average burn time of 4 through SF pw Surface flash, part way. No time Class 1, Normal Flammability; or 7 seconds (both inclusive) with two or shown because the surface flash did (2) The average burn time is 4–7 more base burns. The preliminary not reach the stop thread. seconds (both inclusive) with no more classification is Class 2, Intermediate SF poi Surface flash, at the point of than 2 base burns. The preliminary Flammability. impingement only (equivalent to ‘‘did classification is Class 1, Normal (iv) Test five additional specimens not ignite’’ for plain surfaces). Flammability, or when the tests of the initial five _._ sec. Actual burn time measured by (3) The average burn time is greater specimens result in either of the the timing device in 0.0 seconds. than 7 seconds. The preliminary following: There is only one burn time, _._ SF only Time in seconds, surface classification is Class 1, Normal and it is less than 4 seconds with a base flash only. No damage to the base Flammability; or burn; or the average of two or more burn fabric. (4) The average burn time is 4 through times is less than 4 seconds with two or _._ SFBB Time in seconds, surface 7 seconds (both inclusive) with three or more base burns. flash base burn starting at places other

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than the point of impingement as a (2) Sweatshirts with exposed raised flammable as to be dangerous when result of surface flash. fiber surface inside and capable of being worn by individuals, only the _._ SFBB poi Time in seconds, surface worn napped side out; uncovered or exposed part of such flash base burn starting at the point of (3) Unlined hoods; article of wearing apparel shall be tested impingement. (4) Rolled cuffs. according to the applicable procedures _._ SFBB poi* Time in seconds, surface (h) Coated fabrics means a flexible set forth in § 1610.6. flash base burn possibly starting at the material composed of a fabric and any (b) If the outer layer of plastic film or point of impingement. The asterisk is adherent polymeric material applied to plastic-coated fabric of a multilayer accompanied by the following one or both surfaces. fabric separates readily from the other statement: ‘‘Unable to make absolute § 1610.32 General requirements. layers, the outer layer shall be tested determination as to source of base under part 1611—Standard for the No article of wearing apparel or fabric Flammability of Vinyl Plastic Film. If burns.’’ This statement is added to the subject to the Act and regulations shall result of any specimen if there is a the outer layer adheres to all or a be marketed or handled if such article portion of one or more layers of the question as to origin of the base burn. or fabric, when tested according to the underlaying fabric, the multi-layered procedures prescribed in section 4(a) of Subpart B—Rules and Regulations fabric may be tested under either part the Act (16 CFR 1609), is so highly 1610—Standard for the Flammability of flammable as to be dangerous when § 1610.31 Definitions. Clothing Textiles or part 1611. However, worn by individuals. In addition to the definitions if the conditioning procedures required provided in section 2 of the Flammable § 1610.33 Test procedures for textile by § 1610.6(a)(2)(iv) and Fabrics Act as amended (15 U.S.C. fabrics and film. § 1610.6(a)(3)(v) would damage or alter 1191), and in § 1610.2 of the Standard, (a)(1) All textile fabrics (except those the physical characteristics of the film the following definitions apply for this with a nitro-cellulose fiber, finish or or coating, the uncovered or exposed subpart. coating) intended or sold for use in layer shall be tested in accordance with (a) Act means the ‘‘Flammable Fabrics wearing apparel, and all such fabrics part 1611. Act’’ (approved June 30, 1953, Pub. Law contained in articles of wearing apparel, (c) Plastic film or plastic-coated fabric 88, 83d Congress, 1st sess., 15 U.S.C. shall be subject to the requirements of used, or intended for use as the outer 1191; 67 Stat. 111) as amended, 68 Stat. the Act, and shall be deemed to be so layer of disposable diapers is exempt 770, August 23, 1954. highly flammable as to be dangerous from the requirements of the Standard, (b) Rule, rules, regulations, and rules when worn by individuals if such provided that a sample taken from a full and regulations, mean the rules and fabrics or any uncovered or exposed thickness of the assembled article passes regulations prescribed by the part of such articles of wearing apparel the test in the Standard (part 1610 or Commission pursuant to section 5(c) of exhibits rapid and intense burning part 1611) otherwise applicable to the the act. when tested under the conditions and in outer fabric or film when the flame is (c) United States means, the several the manner prescribed in subpart A of applied to the exposed or uncovered States, the District of Columbia, the this part 1610. surface. See § 1610.36(f) and Commonwealth of Puerto Rico and the (2) Notwithstanding the provisions of § 1611.36(f). Territories, and Possessions of the paragraph (a)(1) of this section, coated fabrics, except those with a nitro- § 1610.35 Procedures for testing special United States. types of textile fabrics under the standard. (d) Marketing or handling means the cellulose coating, may be tested under the procedures outlined in part 1611, (a) Fabric not customarily washed or transactions referred to in section 3 of dry cleaned. (1) Except as provided in the Flammable Fabrics Act, as amended Standard for the Flammability of Vinyl Plastic Film, and if such coated fabrics paragraph (a)(2) of this section, any in 1967. textile fabric or article of wearing (e) Test means the application of the do not exhibit a rate of burning in excess of that specified in § 1611.3 they apparel which, in its normal and relevant test method prescribed in the customary use as wearing apparel procedures provided under section 4(a) shall not be deemed to be so highly flammable as to be dangerous when would not be dry cleaned or washed, of the Act (16 CFR Part 1609). need not be dry cleaned or washed as (f) Finish type means a particular worn by individuals. (b) All film, and textile fabrics with a prescribed in § 1610.6(b) when tested finish, but does not include such nitro-cellulose fiber, finish or coating under the Standard if such fabric or variables as changes in color, pattern, intended or sold for use in wearing article of wearing apparel, when print, or design, or minor variations in apparel, and all film and such textile marketed or handled, is marked in a the amount or type of ingredients in the fabrics referred to in this rule which are clear and legible manner with the finish formulation. Examples of finish contained in articles of wearing apparel, statement: ‘‘Fabric may be dangerously types would be starch finishes, resin shall be subject to the requirements of flammable if dry cleaned or washed.’’ finishes or parchmentized finishes. the Act, and shall be deemed to be so An example of the type of fabric referred (g) Uncovered or exposed part means highly flammable as to be dangerous to in this paragraph is bridal illusion. that part of an article of wearing apparel when worn by individuals if such film (2) Section 1610.3, which requires that might during normal wear be open or such textile fabrics or any uncovered that all textiles shall be refurbished to flame or other means of ignition. The or exposed part of such articles of before testing, shall not apply to outer surface of an undergarment is wearing apparel exhibit a rate of disposable fabrics and garments. considered to be an uncovered or burning in excess of that specified in Additionally, such disposable fabrics exposed part of an article of wearing part 1611, Standard for the and garments shall not be subject to the apparel, and thus subject to the Act. Flammability of Vinyl Plastic Film. labeling requirements set forth in Other examples of exposed parts of an paragraph (a)(1) of this section. article of wearing apparel subject to the § 1610.34 Only uncovered or exposed (b) A coated fabric need not, upon test Act include, but are not limited to: parts of wearing apparel to be tested. under the procedures outlined in (1) Linings, with exposed areas, such (a) In determining whether an article subpart A of part 1610, be dry cleaned as full front zippered jackets; of wearing apparel is so highly as set forth in § 1610.6(b)(1)(i).

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(c) In determining whether a textile disposition, and intended end use of a piece of cloth of a finished type or any fabric having a raised-fiber surface, such fabrics, and any person other product of a finished type appears which surface is to be used in the manufacturing hats, gloves, or footwear to be likely to be used as a covering for covered or unexposed parts of articles of containing such fabrics maintains the head, neck, face, shoulders, or any wearing apparel, is so highly flammable records which show the acquisition, end part thereof, or otherwise appears likely as to be dangerous when worn by use and disposition of such fabrics. Any to be used as an article of clothing, individuals, only the opposite surface or person who fails to maintain such garment, such product is not a surface intended to be exposed need be records or to furnish such invoice or handkerchief and constitutes an article tested under the applicable procedures other paper shall be deemed to have of wearing apparel as defined in and set forth in § 1610.6, providing an engaged in the marketing or handling of subject to the provisions of the Act, invoice or other paper covering the such products for purposes subject to irrespective of its size, or its description marketing or handling of such fabric is the requirements of the Act and such or designation as a handkerchief or any given which clearly designates that the person and the products shall be subject other term. raised-fiber surface is to be used only in to the provisions of sections 3, 6, 7, and (e) Raised-fiber surface wearing the covered or unexposed parts of 9 of the Act. apparel. Where an article of wearing articles of wearing apparel. (c) Veils and hats. (1) Ornamental apparel has a raised-fiber surface which millinery veils or veilings when used as is intended for use as a covered or § 1610.36 Application of Act to particular a part of, in conjunction with, or as a unexposed part of the article of wearing types of products. hat, are not to be considered such a apparel but the article of wearing (a) Interlinings. Fabrics intended or ‘‘covering for the neck, face, or apparel is, because of its design and sold for processing into interlinings or shoulders’’ as would, under the first construction, capable of being worn other covered or unexposed parts of proviso of section 2(d) of the Act, cause with the raised-fiber surface exposed, articles of wearing apparel shall not be the hat to be included within the such raised-fiber surface shall be subject to the provisions of section 3 of definition of the term ‘‘article of wearing considered to be an uncovered or the Act: Provided, that an invoice or apparel’’ where such ornamental exposed part of the article of wearing other paper covering the marketing or millinery veils or veilings do not extend apparel. Examples of the type of handling of such fabrics is given which more than nine (9) inches from the tip products referred to in this paragraph specifically designates their intended of the crown of the hat to which they are athletic shirts or so-called ‘‘sweat end use: And provided further, that with are attached and do not extend more shirts’’ with a raised-fiber inner side. respect to fabrics which under the than two (2) inches beyond the edge of (f) Multilayer fabric and wearing provisions of section 4 of the Act, as the brim of the hat. apparel with a film or coating on the amended, are so highly flammable as to (2) Where hats are composed entirely uncovered or exposed surface. Plastic be dangerous when worn by of ornamental millinery veils or veilings film or plastic-coated fabric used, or individuals, any person marketing or such hats will not be considered as intended for use, as the outer layer of handling such fabrics maintains records subject to the Act if the veils or veilings disposable diapers is exempt from the which show the acquisition, disposition from which they are manufactured were requirements of the standard, provided and intended end use of such fabrics, not more than nine (9) inches in width that a full thickness of the assembled and any person manufacturing articles and do not extend more than nine (9) article passes the test in the Standard of wearing apparel containing such inches from the tip of the crown of the otherwise applicable to the outer fabric fabrics maintains records which show completed hat. or film when the flame is applied to the the acquisition, and use and disposition (d) Handkerchiefs. (1) Except as exposed or uncovered surface. of such fabrics. Any person who fails to provided in paragraph (d)(2) of this maintain such records or to furnish such section, handkerchiefs not exceeding a § 1610.37 Reasonable and representative invoice or other paper shall be deemed finished size of twenty-four (24) inches tests to support guaranties. to have engaged in the marketing or on any side or not exceeding five (a) Purpose. The purpose of this handling of such products for purposes hundred seventy-six (576) square inches § 1610.37 is to establish requirements subject to the requirements of the Act in area are not deemed ‘‘articles of for reasonable and representative tests and such person and the products shall wearing apparel’’ as that term is used in to support initial guaranties of products, be subject to the provisions of sections the Act. fabrics, and related materials which are 3, 6, 7, and 9 of the Act. (2) Handkerchiefs or other articles subject to the Standard for the (b) Hats, gloves, and footwear. Fabrics affixed to, incorporated in, or sold as a Flammability of Clothing Textiles (the intended or sold for use in those hats, part of articles of wearing apparel as Standard, 16 CFR part 1610). gloves, and footwear which are decoration, trimming, or for any other (b) Statutory provisions. (1) Section excluded under the definition of articles purpose, are considered an integral part 8(a) of the Act (15 U.S.C. 1197(a)) of wearing apparel in section 2(d) of the of such articles of wearing apparel, and provides that no person shall be subject Act shall not be subject to the the articles of wearing apparel and all to criminal prosecution under section 7 provisions of section 3 of the Act: parts thereof are subject to the of the Act (15 U.S.C. 1196) for a Provided, that an invoice or other paper provisions of the Act. Handkerchiefs or violation of section 3 of the Act (15 covering the marketing or handling of other articles intended or sold to be U.S.C. 1192) if such person establishes such fabrics is given which specifically affixed to, incorporated in or sold as a a guaranty received in good faith to the designates their intended use in such part of articles of wearing apparel as effect that the product, fabric, or related products: And provided further, that aforesaid constitute ‘‘fabric’’ as that term material complies with the applicable with respect to fabrics which under the is defined in section 2(e) of the Act and flammability standard. A guaranty does provisions of section 4 of the Act, as are subject to the provisions of the Act, not provide the holder any defense to an amended, are so highly flammable as to such handkerchiefs or other articles administrative action for an order to be dangerous when worn by constitute textile fabrics as the term cease and desist from violation of the individuals, any person marketing or ‘‘textile fabric’’ is defined in § 1610.2(r). applicable standard, the Act, and the handling such fabrics maintains records (3) If, because of construction, design, Federal Trade Commission Act (15 which show the acquisition, color, type of fabric, or any other factor, U.S.C. 45), nor to any civil action for

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injunction or seizure brought under type of each textile fabric or related for shipment in commerce for the section 6 of the Act (15 U.S.C. 1195). material covered by an initial guaranty; purpose of finishing or processing to (2) Section 8 of the Act provides for or the identification, fiber composition, render such article of wearing apparel or two types of guaranties: construction and finish type of each textile fabric not so highly flammable (i) An initial guaranty based on textile fabric (including those with a under section 4 of the Act, as to be ‘‘reasonable and representative tests’’ nitrocellulose fiber, finish or coating), dangerous when worn by individuals, made in accordance with the applicable and of each related material, used or unless the shipment or delivery for standard issued under the Act; and contained in a product of wearing shipment in commerce of such article of (ii) A guaranty based on a previous apparel covered by an initial guaranty. wearing apparel or textile fabric is made guaranty, received in good faith, to the (2) The results of the actual test or directly to the person engaged in the effect that reasonable and representative tests made of the textile fabric or related business of processing or finishing tests show conformance with the material covered by an initial guaranty; textile products for the prearranged applicable standard. or of any fabric or related material used purpose of having such article of (c) Requirements. (1) Each person or in the product of wearing apparel apparel or textile fabric processed or firm issuing an initial guaranty of a covered by an initial guaranty. finished to render it not so highly product, fabric, or related material (3) When the person or firm issuing flammable under section 4 of the Act, as subject to the Standard shall devise and an initial guaranty has conducted the to be dangerous when worn by implement a program of reasonable and test or tests relied upon to support that individuals, and any person shipping or representative tests to support such a guaranty, that person or firm shall also delivering for shipment the article of guaranty. include with the information required wearing apparel or fabric in commerce (2) The term program of reasonable by paragraphs (a) (1) and (2) of this for such purpose maintains records and representative tests as used in this section, a sample of each fabric or which establish that the textile fabric or § 1610.37 means at least one test with related material which has been tested. article of wearing apparel has been results demonstrating conformance with (b) Persons furnishing guaranties shipped for appropriate flammability the Standard for the product, fabric or based upon class tests shall maintain treatment, and that such treatment has related material which is the subject of records showing: been completed, as well as records to an initial guaranty. The program of (1) Identification of the class test. show the disposition of such textile reasonable and representative tests (2) Fiber composition, construction fabric or article of wearing apparel required by this § 1610.37 may include and finish type of the fabrics, or the subsequent to the completion of such tests performed before the effective date fabrics used or contained in articles of treatment. of this section, and may include tests wearing apparel so guaranteed. (c) The importation of textile fabrics performed by persons or firms outside (3) A swatch of each class of fabrics or articles of wearing apparel may be of the territories of the United States or guaranteed. considered as incidental to a transaction other than the one issuing the initial (c) Persons furnishing guaranties involving shipment or delivery for guaranty. The number of tests and the based upon guaranties received by them shipment for the purpose of rendering frequency of testing shall be left to the shall maintain records showing the such textile fabrics or articles of wearing discretion of the person or firm issuing guaranty received and identification of apparel not so highly flammable under the initial guaranty. the fabrics or fabrics contained in the provisions of section 4 of the Act, (3) In the case of an initial guaranty articles of wearing apparel guaranteed as to be dangerous when worn by of a fabric or related material, a program in turn by them. individuals, if: of reasonable and representative tests (d) The records referred to in this (1) The importer maintains records may consist of one or more tests of the section shall be preserved for a period which establish that: (i) The imported particular fabric or related material of 3 years from the date the tests were textile fabrics or articles of wearing which is the subject of the guaranty, or performed, or in the case of paragraph apparel have been shipped for of a fabric or related material of the (c) of this section from the date the appropriate flammability treatment, and same ‘‘class’’ of fabrics or related guaranties were furnished. (ii) Such treatment has been materials as the one which is the subject (e) Any person furnishing a guaranty completed, as well as records to show of the guaranty. For purposes of this under section 8(a) of the Act who the disposition of such textile fabrics or § 1610.37, the term class means a neglects or refuses to maintain and articles of wearing apparel subsequent category of fabrics or related materials preserve the records prescribed in this to the completion of such treatment. having general constructional or section shall be deemed to have finished characteristics, sometimes in furnished a false guaranty under the (2) The importer, at the time of association with a particular fiber, and provisions of section 8(b) of the Act. importation, executes and furnishes to covered by a class or type description the U.S. Customs and Border Protection § 1610.39 Shipments under section 11(c) generally recognized in the trade. an affidavit stating: These fabrics (or of the Act. articles of wearing apparel) are § 1610.38 Maintenance of records by those (a) The invoice or other paper relating dangerously flammable under the furnishing guaranties. to the shipment or delivery for shipment provisions of section 4 of the Act, and (a) Any person or firm issuing an in commerce of articles of wearing will not be sold or used in their present initial guaranty of a product, fabric, or apparel or textile fabrics for the purpose condition but will be processed or related material which is subject to the of finishing or processing to render finished by the undersigned or by a duly Standard for the Flammability of them not so highly flammable as to be authorized agent so as to render them Clothing Textiles (the Standard, 16 CFR dangerous when worn by individuals, not so highly flammable under the part 1610) shall keep and maintain a shall contain a statement disclosing provisions of section 4 of the Flammable record of the test or tests relied upon to such purpose. Fabrics Act, as to be dangerously support that guaranty. The records to be (b) An article of wearing apparel or flammable when worn by individuals. maintained shall show: textile fabric shall not be deemed to fall The importer agrees to maintain the (1) The style or range number, fiber within the provisions of section 11(c) of records required by 16 CFR composition, construction and finish the Act as being shipped or delivered 1610.39(c)(1).

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(3) The importer, if requested to do so (c) The Commission recognizes that U.S.C. 1197(b)), which prohibits the by the U.S. Customs and Border for purposes of supporting guaranties, furnishing of a false guaranty. Protection, furnishes an adequate ‘‘reasonable and representative tests’’ (g) The Commission will test fabrics specific-performance bond conditioned could be either the test in Subpart A of and garments subject to the Standard for upon the complete discharge of the this part, or alternate tests which utilize compliance with the Standard using the obligations assumed in paragraphs (c)(1) apparatus or procedures other than apparatus and procedures set forth in and (2) of this section. those in Subpart A of this part. This Subpart A of this part. The Commission (d) The purpose of section 11(c) of the § 1610.40 sets forth conditions under will consider any failing results from Act is only to permit articles of wearing which the Commission will allow use of compliance testing as evidence that: apparel or textile fabrics which are alternate tests with apparatus or (1) The manufacture for sale, dangerously flammable to be shipped or procedures other than those in Subpart importation into the United States, or delivered for shipment in commerce for A of this part to serve as the basis for introduction in commerce of the fabric the purpose of treatment or processing guaranties. or garment which yielded failing results to render them not dangerously (d)(1) Persons and firms issuing was in violation of the Standard and of flammable. Section 11(c)of the Act does guaranties that fabrics or garments section 3 of the Act; and not in any other respect limit the force subject to the Standard meet its (2) The person or firm using the and effect of sections 3, 6, 7, and 9 of requirements may base those guaranties alternate test as the basis for a guaranty the Act. In particular, section 11(c) of on any alternate test utilizing apparatus has furnished a false guaranty, in or procedures other than those in the Act does not authorize the sale or violation of section 8(b) of the Act. Subpart A of this part, if such alternate offering for sale of any article of wearing (Reporting requirements contained in test is as stringent as, or more stringent apparel or textile fabric which is in fact paragraph (d) were approved by Office than, the test in Subpart A of this part. dangerously flammable at the time of of Management and Budget under The Commission considers an alternate sale or offering for sale, even though the control number 3041–0024.) test to be ‘‘as stringent as, or more seller intends to ship the article for stringent than’’ the test in Subpart A of Subpart C—Interpretations and treatment prior to delivery to the this part if, when testing identical Policies purchaser or has already done so. specimens, the alternate test yields Moreover, under section 3 of the Act a failing results as often as, or more often § 1610.61 Reasonable and representative person is liable for a subsequent sale or testing to assure compliance with the than, the test in Subpart A of this part. standard for the clothing textiles. offering for sale if, despite the purported Any person using such an alternate test completion of treatment to render it not must have data or information to (a) Background. (1) The CPSC dangerously flammable, the article in demonstrate that the alternate test is as administers the Flammable Fabrics Act fact remains dangerously flammable. stringent as, or more stringent than, the (‘‘the Act’’), 15 U.S.C. 1191–1204. Under the Act, among other things, the § 1610.40 Use of alternate apparatus, test in Subpart A of this part. procedures, or criteria for tests for guaranty (2) The data or information required Commission enforces the Standard for purposes. by this paragraph (d) of this section to the Flammability of Clothing Textiles demonstrate equivalent or greater (‘‘the Standard’’), 16 CFR part 1610. (a) Section 8(a) of the Act provides stringency of any alternate test using That Standard establishes requirements that no person shall be subject to apparatus or procedures other than for the flammability of clothing and criminal prosecution under section 7 of those in Subpart A of this part must be textiles intended to be used for clothing the Act (15 U.S.C. 1196) for a violation in the possession of the person or firm (hereinafter ‘‘textiles’’). of section 3 of the Act (15 U.S.C. 1192) desiring to use such alternate test before (2) The Standard applies both to if that person establishes a guaranty the alternate test may be used to support fabrics and finished garments. The received in good faith which meets all guaranties of items subject to the Standard provides methods of testing requirements set forth in section 8 the Standard. the flammability of textiles, and sets Act. One of those requirements is that (3) The data or information required forth the requirements that textiles must the guaranty must be based upon by paragraph (d) of this section to meet to be classified into one of three ‘‘reasonable and representative tests’’ in demonstrate equivalent or greater classes of flammability (classes 1, 2 and accordance with the applicable stringency of any alternate test using 3). § 1610.4. Class 1 textiles, those that standard. apparatus or procedures other than exhibit normal flammability, are (b) Subpart A of this part 1610 those in Subpart A of this part must be acceptable for use in clothing. prescribes apparatus and procedures for retained for as long as that alternate test § 1610.4(a)(1) & (2). Class 2 textiles, testing fabrics and garments subject to is used to support guaranties of items applicable only to raised-fiber surfaces, its provisions. See §§ 1610.5 & 1610.6. subject to the Standard, and for one year are considered to be of intermediate Subpart A prescribes criteria for thereafter. flammability, but may be used in classifying the flammability of fabrics (e) Specific approval from the clothing. § 1610.4(b)(1) & (2). Finally, and garments subject to its provisions as Commission in advance of the use of Class 3 textiles, those that exhibit rapid ‘‘Normal flammability, Class 1,’’ any alternate test using apparatus or and intense burning, are dangerously ‘‘Intermediate flammability, Class 2,’’ procedures other than those in Subpart flammable and may not be used in and ‘‘Rapid and Intense Burning, Class A is not required. The Commission will clothing. § 1610.4(c)(1) & (2). The 3.’’ See § 1610.4. Sections 3 and 4 of the not approve or disapprove any specific manufacture for sale, offering for sale, Act prohibit the manufacture for sale, alternate test utilizing apparatus or importation into the U.S., and importation into the United States, or procedures other than those in Subpart introduction or delivery for introduction introduction in commerce of any fabric A of this part. of Class 3 articles of wearing apparel are or article of wearing apparel subject to (f) Use of any alternate test to support among the acts prohibited by section the Standard which exhibits ‘‘rapid and guaranties of items subject to the 3(a) of the Act, 15 U.S.C. 1192(a). intense burning’’ when tested in Standard without the information (3) CPSC currently uses retail accordance with the Standard. See 16 required by this section may result in surveillance, attends appropriate trade CFR part 1609. violation of section 8(b), of the Act (15 shows, follows up on reports of

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noncompliance and previous violations, yd., and plain and raised surface fabrics (2) The violations and resulting and works with U.S. Customs and made of acrylic, modacrylic, nylon, recalls and civil penalties demonstrate Border Protection in an effort to find olefin, polyester, wool, or any the critical necessity for manufacturers, textiles that violate CPSC’s standards. combination of these fibers, regardless distributors, importers, and retailers to The Commission has a number of of weight.) If no exemptions apply, the evaluate, prior to sale, the flammability enforcement options to address person issuing the guaranty must devise of garments made from the materials prohibited acts. These include bringing and implement a program of reasonable described above, or to seek appropriate seizure actions in federal district court and representative tests to support the guaranties that assure that the garments against violative textiles, seeking an guaranty. The number of tests and comply. Because of the likelihood of order through an administrative frequency of testing is left to the variable flammability in the small group proceeding that a firm cease and desist discretion of that person, but at least of textiles identified above, one test is from selling violative garments, one test is required. insufficient to assure reasonably that pursuing criminal penalties, or seeking (5) In determining whether a firm has these products comply with the the imposition of civil penalties for committed a ‘‘knowing’’ violation of a flammability standards. Rather, a person ‘‘knowing’’ violations of the Act. Of flammability standard that warrants seeking to evaluate garments made of particular relevance to the latter two imposition of a civil penalty, the CPSC such materials should assure that the remedies is whether reasonable and considers whether the firm had actual program tests a sufficient number of representative tests were performed knowledge that its products violated the samples to provide adequate assurance demonstrating that a textile or garment flammability requirements. The CPSC that such textile products comply with meets the flammability standards for also considers whether the firm should the general wearing apparel standard. general wearing apparel. Persons who be presumed to have the knowledge that The number of samples to be tested, and willfully violate flammability standards would be possessed by a reasonable the corresponding degree of confidence are subject to criminal penalties. person acting in the circumstances, that products tested will comply, are to (4) Section 8(a) of the Act, 15 U.S.C. including knowledge that would have be specified by the individual designing 1197(a), exempts a firm from the been obtainable upon the exercise of the test program. However, in assessing imposition of criminal penalties if the due care to ascertain the truth of the reasonableness of a test program, the firm establishes that a guaranty was representations. 15 U.S.C. 1194(e). The Commission staff will specifically received in good faith signed by and existence of results of flammability consider the degree of confidence that containing the name and address of the testing based on a reasonable and the program provides. person who manufactured the representative program and, in the case guarantied wearing apparel or textiles or of tests performed by another entity (c) Suggestions. The following are from whom the apparel or textiles were (such as a guarantor), the steps, if any, some suggestions to assist in complying received. A guaranty issued by a person that the firm took to verify the existence with the Standard: who is not a resident of the United and reliability of such tests, bear (1) Purchase fabrics or garments that States may not be relied upon as a bar directly on whether the firm acted meet testing exemptions listed in to prosecution. 16 CFR 1608.4. The reasonably in the circumstances. § 1610.1(d). (If buyers or other personnel guaranty must be based on the (b) Applicability. (1) When tested for do not have skills to determine if the exempted types of fabrics or on flammability, a small number of textile fabric is exempted, hire a textile reasonable and representative tests products exhibit variability in the test consultant or a test lab for an showing that the fabric covered by the results; that is, even though they may evaluation.) guaranty or used in the wearing apparel exhibit Class 1 or Class 2 burning (2) For fabrics that are not exempt, covered by the guaranty is not so highly characteristics in one test, a third test conduct reasonable and representative flammable as to be dangerous when may result in a Class 3 failure. Violative testing before cutting and sewing, using worn by individuals, i.e., is not a Class products that the Commission has standard operating characteristic curves 3 material. (The person proffering a discovered between 1994 and 1998 for acceptance sampling to determine a guaranty to the Commission must also include sheer 100% rayon skirts and sufficient number of tests. not, by further processing, have affected scarves; sheer 100% silk scarves; 100% the flammability of the fabric, related rayon chenille sweaters; rayon/nylon (3) Purchase fabrics or garments that material or product covered by the chenille and long hair sweaters; have been guarantied and/or tested by guaranty that was received.) Under polyester/cotton and 100% cotton the supplier using a reasonable and § 1610.37, a person, to issue a guaranty, fleece/sherpa garments, and 100% representative test program that uses should first evaluate the type of fabric cotton terry cloth robes. Between standard operating characteristic curves to determine if it meets testing August 1994 and August 1998, there for acceptance sampling to determine a exemptions in accordance with have been 21 recalls of such sufficient number of tests. Firms should § 1610.1(d). (Some textiles never exhibit dangerously flammable clothing, and six also receive and maintain a copy of the unusual burning characteristics and retailers have paid civil penalties to guaranty. need not be tested.) settle Commission staff allegations that (4) Periodically verify that your § 1610.1(d). Such textiles include they knowingly sold garments that suppliers are actually conducting plain surface fabrics, regardless of fiber violated the general wearing apparel appropriate testing. content, weighing 2.6 oz. or more per sq. standard. BILLING CODE 6355–01–P

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BILLING CODE 6355–01–C

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Dated: March 13, 2008. SUMMARY: The Food and Drug DEPARTMENT OF TRANSPORTATION Todd A. Stevenson, Administration (FDA) is amending its Secretary, Consumer Product Safety animal drug regulations to correct an Federal Highway Administration Commission. inadvertent omission in the list of 23 CFR Part 661 Note: The following appendix will not concentrations of pyrantel tartrate Type appear in the Code of Federal Regulations. A medicated articles approved for use [FHWA Docket No. FHWA–2007–27536] by Phibro Animal Health. This action is RIN 2125–AF20 Appendix—List of Relevant Documents being taken to improve the accuracy of (The following documents are available from the animal drug regulations. Indian Reservation Road Bridge the Commission’s Office of the Secretary, DATES: This rule is effective March 25, Program Consumer Product Safety Commission, Room 2008. 502, 4330 East West Highway, Bethesda, AGENCY: Federal Highway Maryland 20814–4408; telephone (301) 504– FOR FURTHER INFORMATION CONTACT: Administration (FHWA), DOT. 7923 or from the Commission’s Web site George K. Haibel, Center for Veterinary ACTION: Final rule. (http://www.cpsc.gov/library/foia/foia.html )). Medicine (HFV–6), Food and Drug SUMMARY: Section 1119 of the Safe, 1. Briefing memorandum from Robert J. Administration, 7519 Standish Pl., Accountable, Flexible, Efficient Howell, Acting Assistant Executive Director, Rockville, MD 20855, 240–276–9019, e- EXHR and Patricia K. Adair, Project Manager, Transportation Equity Act: A Legacy for Directorate for Engineering Sciences, to the mail: [email protected]. Users (SAFETEA–LU) (Pub. L. 109–59, Commission, ‘‘Draft Final Amendments to SUPPLEMENTARY INFORMATION: FDA is 119 Stat. 1144) makes significant the Standard for the Flammability of amending the animal drug regulations changes to the Indian Reservation Road Clothing Textiles, 16 CFR Part 1610,’’ January Bridge Program (IRRBP). In addition, it 11, 2008. in 21 CFR 558.485 to correct an 2. Memorandum from David Miller, EPHA, inadvertent omission in the list of authorizes $14 million of IRRBP funds Directorate for Epidemiology, to Patricia K. concentrations of pyrantel tartrate Type per year for the replacement or Adair, Project Manager, ‘‘General Wearing A medicated articles approved for use rehabilitation of structurally deficient or Apparel Fires—Fatalities and Emergency by Phibro Animal Health. This action is functionally obsolete Indian Reservation Department Treated Injuries,’’ December 27, being taken to improve the accuracy of Road (IRR) bridges. This final rule 2007. amends the existing IRRBP by the animal drug regulations. 3. Memorandum from Dale R. Ray, establishing new policies and Directorate for Economic Analysis, to Patricia This rule does not meet the definition provisions. Also, in this final rule, K. Adair, Project Manager, ‘‘Final Regulatory of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because preliminary engineering (PE) is now an Analyses—Clothing Textiles Standard it is a rule of ‘‘particular applicability.’’ Amendment,’’ August 6, 2007. eligible activity. 4. Memorandum from Gail Stafford and Therefore, it is not subject to the DATES: Effective April 24, 2008. Weiying Tao, Directorate for Laboratory congressional review requirements in 5 FOR FURTHER INFORMATION CONTACT: Mr. Sciences, to Patricia K. Adair, Project U.S.C. 801–808. Robert Sparrow, Federal Lands Manager, ‘‘Response to Comments Received List of Subjects in 21 CFR Part 558 Highway, HFPD–9, (202) 366–9483; or on Notice of Proposed Rulemaking (NPR) for Ms. Vivian Philbin, Federal Lands Updating the Standard for the Flammability Animal drugs, Animal feeds. of Clothing Textiles,’’ October 22, 2007. Highway Counsel, HFFC–16, (720) 963– 3445; Federal Highway Administration, 5. Memorandum from John R. Murphy, I Therefore, under the Federal Food, 1200 New Jersey Avenue, SE., Division of Mechanical Engineering, to Drug, and Cosmetic Act and under Washington, DC 20590. Office hours are Patricia K. Adair, Project Manager, authority delegated to the Commissioner ‘‘Response to Comments Received as a Result from 7:45 a.m. to 4:15 p.m., e.t., Monday of the Notice of Proposed Rulemaking (NPR) of Food and Drugs and redelegated to through Friday, except Federal holidays. the Center for Veterinary Medicine, 21 for Updating the Standard for the SUPPLEMENTARY INFORMATION: Flammability of Clothing Textiles,’’ CFR part 558 is amended as follows: November 16, 2007. Electronic Access and Filing 6. Memorandum from Martha A. Kosh, PART 558—NEW ANIMAL DRUGS FOR Internet users may access this Office of the Secretary, to ES, ‘‘Proposed USE IN ANIMAL FEEDS Changes to Textile Flammability Standard document, the notice of proposed rulemaking (NPRM), and all comments Comments,’’ May 15, 2007. I 1. The authority citation for 21 CFR received by the DOT by accessing the [FR Doc. E8–5569 Filed 3–24–08; 8:45 am] part 558 continues to read as follows: Federal eRulemaking portal at: http:// BILLING CODE 6355–01–P Authority: 21 U.S.C. 360b, 371. www.regulations.gov. It is available 24 hours each day, 365 days each year. § 558.485 [Amended] Electronic submission and retrieval help DEPARTMENT OF HEALTH AND and guidelines are available under the I 2. In § 558.485, in paragraph (b)(1), HUMAN SERVICES help section of the Web site. add ‘‘48,’’ in numerical sequence. An electronic copy of this document Food and Drug Administration Dated: March 12, 2008. may also be downloaded by accessing Bernadette Dunham, the Office of the Federal Register’s home 21 CFR Part 558 Director, Center for Veterinary Medicine. page at: http://www.archives.gov or the Government Printing Office’s Web page New Animal Drugs for Use in Animal [FR Doc. E8–5928 Filed 3–24–08; 8:45 am] at http://www.gpoaccess.gov/nara. Feed; Pyrantel; Technical Amendment BILLING CODE 4160–01–S Background AGENCY: Food and Drug Administration, HHS. The Transportation Equity Act for the 21st Century (TEA–21) (Pub. L. 105– ACTION: Final rule; technical 178, 112 Stat. 107), established the amendment. IRRBP, codified at 23 U.S.C.

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