Standard for the Flammability of Clothing Textiles; Notice of Proposed Rulemaking, 8844-8868 [07-779]
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Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Proposed Rules
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Part 1610
Standard for the Flammability of
Clothing Textiles; Notice of Proposed
Rulemaking
Consumer Product Safety
Commission.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: The Commission is proposing
to amend its flammability standard of
general wearing apparel, the Standard
for the Flammability of Clothing
Textiles, 16 CFR part 1610. The
Standard, originally issued in 1953, has
become outdated in several respects.
The Commission is proposing changes
to better reflect current consumer
practices and technologies and to clarify
several aspects of the Standard.
DATES: Written comments must be
received by May 14, 2007. Requests to
make an oral presentation must be
received by April 13, 2007.
ADDRESSES: Written comments should
be filed by e-mail to cpsc-os@cpsc.gov.
Comments also may be filed by
telefacsimile to (301) 504–0127, or they
may be mailed or delivered, preferably
in five copies, to the Office of the
Secretary, Consumer Product Safety
Commission, Room 502, 4330 East West
Highway, Bethesda, Maryland 20814–
4408; telephone (301) 504–7923.
Comments should be captioned
‘‘Clothing NPR.’’
The public may also request an
opportunity to present comments orally.
Such requests should be submitted to
the Office of the Secretary by e-mail,
mail, fax or in person at the addresses
or phone numbers listed above.
FOR FURTHER INFORMATION CONTACT:
Patricia K. Adair, Directorate for
Engineering Sciences, Consumer
Product Safety Commission, 4330 East
West Highway, Bethesda, Maryland
20814–4408; telephone (301) 504–7536.
SUPPLEMENTARY INFORMATION:
A. Background
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1. History of the Standard
It excludes footwear, interlining
fabrics, and some hats and gloves. The
standard provides a test to determine
whether such clothing and fabrics
exhibit ‘‘rapid and intense burning,’’
and are therefore highly flammable.
In 1953, Congress enacted the
Flammable Fabrics Act of 1953 (‘‘FFA’’),
(Pub. L. 83–88, 67 Stat. 111). As enacted
in 1953 and amended in 1954, the FFA
prohibited the importation, manufacture
for sale, or the sale in commerce of any
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article of wearing apparel, which is ‘‘so
highly flammable as to be dangerous
when worn by individuals.’’ The FFA of
1953 specified that a test, first published
by the Department of Commerce as a
voluntary commercial standard, then
called ‘‘Flammability of Clothing
Textiles, Commercial Standard (‘‘CS’’)
191–53,’’ shall be used to determine if
fabric or clothing is ‘‘so highly
flammable as to be dangerous when
worn by individuals.’’
In 1967, Congress amended the FFA,
expanding its coverage and authorizing
the Secretary of Commerce to issue
flammability standards through
rulemaking. A savings clause kept the
flammability standard for clothing
textiles that the 1953 Act had mandated
in effect until superseded or modified
by the Secretary of Commerce through
the procedures specified in the 1967
amendment. See section 11 of Pub. L.
90–189, 81 Stat. 568, December 14,
1967.
In 1972, Congress established the
Consumer Product Safety Commission
when it enacted the Consumer Product
Safety Act (‘‘CPSA’’), 15 U.S.C. 2051 et
seq. The CPSA transferred to the
Commission the authority the Secretary
of Commerce had to issue and amend
flammability standards under the FFA.
15 U.S.C. 2079(b). In 1975, the
Commission published the FFA of 1953
at 16 CFR 1609 and codified the
Standard for the Flammability of
Clothing Textiles at 16 CFR part 1610.
2. The Current Standard
Most fabrics are combustible. Some
combustible fabrics, when used for
clothing are potentially dangerous to the
wearer because of the speed and
intensity of flame with which those
fabrics burn and their ease of ignition
and because of the design of the
garment. The Standard sets out a
method for measuring burn time, which
is a function of ease of ignition and
flame spread rate.
The Commission is not proposing to
change the essential aspects of the
Standard, but rather to update and
clarify it. The Standard describes a test
apparatus and the procedures for testing
clothing and textiles intended to be
used for clothing. It establishes three
classes of flammability. The classes are
based on measurement of burn time,
along with visual observations of flame
intensity. The classes are: Class 1 or
normal flammability; Class 2 or
intermediate flammability; and Class 3
or rapid and intense burning. Clothing
and textiles that are categorized as Class
3 under the prescribed test method are
considered dangerously flammable. 16
CFR 1610.3.
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To determine the appropriate
classification, the Standard prescribes
the method of testing. Five specimens
are subjected to a flammability tester.
This is a draft-proof ventilated chamber
containing an ignition medium, a
sample rack and an automatic timing
device. Id. 1610.4(b). The ignition
medium is a motor driven gas jet around
a 26-gage hypodermic needle. Id.
1610.4(b)(6). A swatch of each sample
must be subjected to the dry cleaning
and hand washing procedure prescribed
by the Standard. Id. 1610.4(d)&(e). To
determine results, the average time of
flame spread is taken for five specimens.
However, if the time of flame spread is
less than 4 seconds (31⁄2 seconds for
plain-surfaced fabrics), five additional
specimens must be tested and the
average time of flame spread for these
ten specimens, or for as many of them
as burn, must be taken. Id. 1610.4(g)(7).
Classification is based on the reported
results before and after drycleaning and
washing, whichever is lower. Id.
1610.4(g)(8).
3. The Products
The products regulated under the
Standard are clothing and fabrics
intended to be used for clothing. The
Standard applies to all items of clothing,
and fabrics used for such clothing,
whether for adults or children, for
daywear or nightwear. The Commission
has other regulations governing the
flammability of children’s sleepwear, 16
CFR parts 1615 and 1616, that are more
stringent than the general wearing
apparel flammability standard. The
proposed changes discussed in this
notice would not affect the children’s
sleepwear standards.
4. The Risk of Injury
Fatalities where clothing was the first
item ignited have declined from 311
fatalities in 1980 to 110 fatalities in
2003, the most recent year of available
data. An average of 122 clothing firerelated fatalities occurred annually
during 1999–2003. Population fatality
rates increased with age. In addition, an
estimated 3,822 non-fatal injuries were
treated in hospital emergency
departments annually (2000–2004).
Among these non-fatal injuries, 25
percent were serious enough to require
admission to a hospital (compared to
5% for all consumer products). The
changes the Commission is proposing
will better reflect current practices and
technologies and clarify some aspects of
the Standard. These changes should
improve the Standard’s ability to
address the risk of injury.
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B. Statutory Provisions
The FFA sets forth the process by
which the Commission can issue or
amend a flammability standard. The
Commission first must issue an advance
notice of proposed rulemaking
(‘‘ANPR’’) which it did on September
12, 2002, 67 FR 57770.
The Commission is now issuing a
notice of proposed rulemaking (‘‘NPR’’).
As required, this notice contains the text
of the proposed rule along with
alternatives the Commission has
considered and a preliminary regulatory
analysis. 15 U.S.C. 1193(i). Before
issuing a final rule, the Commission
must prepare a final regulatory analysis,
and it must make certain findings
concerning any relevant voluntary
standard, the relationship of costs and
benefits of the rule, and the burden
imposed by the regulation. Id. 1193(j).
In addition, the Commission must find
that the standard (1) is needed to
adequately protect the public against the
risk of the occurrence of fire leading to
death, injury or significant property
damage, (2) is reasonable,
technologically practicable, and
appropriate, (3) is limited to fabrics,
related materials or products which
present unreasonable risks, and (4) is
stated in objective terms. 15 U.S.C.
1193(b).
The Commission also must provide an
opportunity for interested persons to
make an oral presentation before the
Commission may issue a final rule. Id.
1193(d). The Commission requests that
anyone who would like to make an oral
presentation concerning this rulemaking
please contact the Commission’s Office
of the Secretary (address is provided in
the ADDRESSES section of this notice)
within 45 days of publication of this
notice. If the Commission receives
requests to make oral comments, a date
will be set for a public meeting for that
purpose and notice of the meeting will
be provided in the Federal Register.
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C. Proposed Revision
To reflect changes in consumer
garment care practices and to make the
standard easier to understand, the
Commission is proposing certain
changes to the clothing flammability
standard. These are discussed below.
Definitions. Over the years people
have expressed confusion over the
meaning of certain terms and a lack of
defined terminology in the Standard. In
particular, the meaning of the terms
‘‘base burn’’ and ‘‘surface flash’’ have
caused confusion in interpreting and
reporting test results for raised surface
textile fabrics. These terms are now
defined in the proposal. In addition,
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several other relevant terms and
definitions have been added. These
terms include burn time, dry cleaning,
flammability, flame, ignition,
interlining, laundering, long dimension,
plain surface textile fabric, raised
surface textile fabric, refurbishing,
sample, specimen, and stop thread
supply.
Changes to the flammability tester.
The test chamber prescribed in the
current Standard uses a mechanical
timing mechanism and is no longer
available for purchase. Apparel
manufacturers and testing laboratories
currently use more modern flammability
test chambers that incorporate electromechanical components to apply the
ignition flame and measure burn time.
(The Standard allows alternate
procedures if they are as stringent as the
specified procedure.) A variety of such
testers are available from a number of
manufacturers. The proposed revision
describes the critical parameters of a
modern flammability test apparatus and
provides diagrams. In 1982, CPSC staff
conducted some work comparing the
flame impingement time of the electrical
test chamber to that of a chamber with
the mechanical timing device and found
that the electrical test chamber readings
were comparable to and more consistent
than the manual test chamber readings.
The proposed revisions expressly
permit the use of electro-mechanical
devices to control and apply the flame
impingement.
Refurbishing methods. The Standard
requires fabrics to be refurbished, that
is, dry cleaned and laundered, one time
before testing. The purpose of this
requirement is to remove any nondurable solvent or water soluble
treatment present on the fabric. It is not
intended to replicate how the garment
would be used or cared for by a
consumer. Both the dry cleaning and
laundering procedures prescribed by the
current Standard are outdated. The
proposal revises these procedures to
better reflect modern techniques for
laundering and dry cleaning.
The method of dry cleaning that the
current Standard prescribes requires
perchloroethylene in an open vessel.
However, perchloroethylene has been
shown to cause cancer in animal tests,
and use in this manner violates
regulations issued by the Environmental
Protection Agency. The Commission
staff has not used this procedure since
1986. (The Standard allows alternate
procedures if they are as stringent as the
specified procedure.) Industry and
independent laboratories have been
using an alternative dry cleaning
procedure provided in ASTM D 1230,
Standard Test Method for Apparel
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Flammability. This procedure uses
perchlorethylene in a closed
environment commercial dry cleaning
machine for one cycle. Analysis of test
data from an ASTM interlaboratory
round robin indicates that this
procedure is as stringent as the
procedure currently specified in 16 CFR
part 1610. However, the ASTM standard
lacks specifications for solvent type,
detergent class, cleaning and extraction
time, drying time and temperature, and
cool down/deoderization time. If
specific and uniform conditions are not
followed, test results could vary.
Therefore, the proposed revision
includes specific parameters for these
conditions. These parameters were
suggested by the International Fabricare
Institute, a trade association for the
professional garment care industry.
The current Standard requires that
after fabric samples are dry cleaned they
must be hand washed with neutral chip
soap and line dried before testing them
for flammability. 16 CFR 1610.4(e).
However, neutral chip soap is no longer
available. Most detergents are now nonphosphate based due to environmental
concerns. The proposed revision sets
forth laundering requirements based on
those prescribed in American
Association of Textile Chemists and
Colorists (‘‘AATCC’’) 124–2001,
Appearance of Fabrics After Repeated
Home Laundering. An earlier version of
this test method was incorporated into
other FFA standards in 2000. 65 FR
12924, 12929, and 12935 (March 10,
2000).
Test procedures. Over the years,
manufacturers and testing laboratories
have expressed confusion regarding the
test procedures and materials or
equipment required by the Standard.
Inaccurate sample preparation and
conditioning undermine the efficacy of
the Standard. In the ANPR, the
Commission identified confusing
sections of the test procedure, including
the instructions for selecting the surface
or direction of the fabric to be tested,
and the directions for determining when
to test five additional specimens. The
proposed revision reorganizes and
rewrites the test procedure in a more
logical step-by-step fashion to clarify the
directions for selecting the surface or
direction of the fabric to be tested, how
to determine when testing five
additional specimens is necessary, as
well as how to conduct the flammability
test.
Test result interpretation and
reporting. The current Standard
provides no codes to report complex test
results consistently. Although this is not
an issue for plain surface textile fabrics,
it is for raised surface textile fabrics, the
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classification of which is more complex.
The proposed revision clarifies the
instructions for calculating burn times
and establishing the occurrence of a
base burn (§ 1610.8). By defining the
terms ‘‘base burn’’ and ‘‘surface flash’’
in § 1610.2, the proposed revision
provides further clarification for the
reporting of test results for raised
surface textile fabrics. The proposed
revision also specifies test result codes.
These codes come from CPSC’s
laboratory test manual and are based on
codes developed by the Federal Trade
Commission many years ago. Uniform
result codes will facilitate reporting
accuracy and consistency,
understanding of flammability
performance, and resolution of test
result differences among laboratories.
Subpart B and Subpart C. The
Commission is also proposing changes
to subparts B and C of the Standard. To
reduce confusion, the proposal moves
some provisions concerning procedures
for conducting the tests that are
currently in subpart B and C into
subpart A. This should provide a more
cohesive and clearer standard. Subpart
C is substantially the same, but some
language has been clarified to make it
more consistent with subparts A and B,
and the section describing the history of
the FFA and the Standard has been
removed.
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D. Response to Comments on the ANPR
On September 12, 2002, the
Commission published an ANPR
initiating this rulemaking. 67 FR 57770.
The Commission received 18 written
comments from businesses, trade
associations, and interested parties
representing various segments of the
fiber, textile and apparel industries, as
well as academic institutions and fire
service organizations. Commenters
generally agreed that the Standard needs
to be updated and reorganized. Specific
issues raised by the comments are
discussed below.
1. Laundering and Dry Cleaning
a. Comment. One commenter
suggested considering new dry cleaning
methods/solvents as an alternative to
perchloroethylene.
Response. The Commission
recognizes that new dry cleaning
technologies have emerged in recent
years as alternatives to
perchloroethylene and that at least one
region of the country is moving to
phase-out the use of perchloroethylene
by 2020. At this time, however,
approximately 70% of U.S. dry cleaners
still use perchloroethylene.
Perchloroethylene is known to be
slightly more severe in solvent action
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than other solvents and more likely to
remove any flame retardant treatments
on textiles. The proposal specifies a
‘‘normal’’ commercial dry cleaning
method which includes specifications
for cleaning, extraction, drying
temperature, drying time and cool
down/deodorization. Samples are to be
cleaned in a commercial dry cleaning
machine, using perchloroethylene as the
solvent in a closed environment.
b. Comment. One commenter
expressed concern over the role of fabric
softeners in fabric flammability.
Response. According to the Procter
and Gamble Company, about 71% of
U.S. households have some form of
fabric softener. The most common forms
of fabric softeners for home laundering
are liquid softeners (purchased by 42%
of U.S. households) and dryer-added
sheet softeners (purchased by about
49% of U.S. households). Dryer sheet
softeners have anti-static properties.
Some households use both forms; some
consumers use both a rinse cycle
softener and a dryer sheet softener for
the same load of laundry. At the present
time there is no ‘‘standard reference’’
fabric softener. The AATCC technical
committee RA88 on Home Laundering
Technology is working on the
development of a standard reference
fabric softener; the technical committee
estimates that this work may be
completed in approximately three years.
The Commission is not including a
requirement for fabric softener at this
time since there is no standard fabric
softener to reference.
c. Comment. For changes to the dry
cleaning and laundering procedures,
two commenters suggested CPSC
consider current AATCC and ASTM
standards.
Response. The proposal incorporates
certain sections of AATCC Test Method
124–2001 ‘‘Appearance of Fabrics After
Repeated Home Laundering,’’ consistent
with other FFA regulations (16 CFR
Parts 1615, 1616, 1630, 1631 and 1632).
The dry cleaning procedure in the
proposal is similar but not identical to
ASTM D1230 Standard Test Method for
Flammability of Apparel Textiles
section 9.2.1.6 Option B. The proposal
has specifications for dry cleaning in a
commercial dry-cleaning machine using
perchloroethylene in a ‘‘normal’’ cycle.
d. Comment. One commenter
provided suggestions for updating the
laundering method which included
increasing the number of cycles.
Response. The intent of the
laundering and dry cleaning
requirements of the Standard is to
remove any non-durable flame retardant
treatments that may be on the clothing
textile; its intent is not to replicate the
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consumer’s refurbishing practices. No
change has been made; one cycle of
each refurbishing method is required.
e. Comment. One commenter
suggested requiring only the
refurbishing method on the garment
care label.
Response. The Standard applies to
fabrics and fabrics used in garments.
While the test method can be used to
test fabric in the garment stage it also
applies to fabric before it is sewn into
a garment, so a fabric care label may not
be present. The refurbishing
requirement (laundering/dry cleaning)
is to remove any solvent or water
soluble treatment that might be on the
garment. It is not meant to test the
durability of fabric treatments over the
lifetime of a garment.
2. Clarifications in the Standard
a. Comment. Several comments
suggested areas of the Standard in need
of clarification. These included
clarifying the brushing of the
specimens, fabrics considered to be
raised fiber textiles, determination of
the nap direction of raised surface
textiles, exemptions allowed and
interpretation of test results for
classification.
Response. The Commission agrees
that sections of the current Standard are
difficult to interpret and need
clarification, including clearer
instructions on brushing of raised fiber
surface textiles and determination of
which fabrics are considered to have
raised fiber surfaces. The proposal
includes examples of raised fiber
surface textiles and provides guidance
on testing these fabrics. The proposal
moves language from footnotes into the
body of the Standard to clarify the
exemptions allowed and brings forward
clarifying language from 16 CFR
subparts B and C. In addition, the
proposed revision includes new text
and graphics on the test procedure,
interpretation of test results for
classification, and engineering diagrams
of the flammability test apparatus.
b. Comment. Commenters suggested
adding portions of the CPSC laboratory
test manual to clarify the test
procedures in the Standard.
Response. The staff used the 1981
CPSC laboratory manual as a resource in
developing recommendations to amend
the Standard. The proposal has added
language from the lab manual in many
sections.
c. Comment. One commenter
suggested that the terms ‘‘surface flash’’
and ‘‘base burn’’ be defined in the
Standard; another suggested definitions
for these terms.
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Response. The proposal adds many
new definitions to the Standard,
including definitions for ‘‘surface flash’’
and ‘‘base burn’’ to facilitate clearer
understanding of the flammability test,
classification criteria and reporting
results.
d. Comment. Two commenters
suggested reorganizing the Standard to
eliminate duplication.
Response. The Commission agrees
and proposes to reorganize large
portions of the Standard to eliminate
duplication and make it easier to follow
and understand.
Response. The scope of the ANPR
issued on September 12, 2002 was
limited to considering changes to the
Standard to better reflect current
consumer practices, modernized testing
equipment and clarifying several
aspects of the Standard. If, in the future,
the Commission should determine that
substantive changes to the Standard are
needed to adequately protect the public,
it would begin a separate proceeding for
issuing a new standard or amending the
current one in accordance with
provisions of section 4 of the FFA (15
U.S.C. 1193).
3. Enforcement and Procedural Issues
a. Comment. Two commenters urged
CPSC to continue with enforcement of
16 CFR part 1610.
Response. The CPSC Office of
Compliance actively enforces 16 CFR
part 1610 and continues to see
violations of the Standard. From 1995
through June 2006, the Commission
announced the recall of 28 apparel
products for violations of 16 CFR part
1610.
b. Comment. One commenter
suggested CPSC should consider
promulgating a procedure or mechanism
that allows the agency to make technical
changes to this and other standards on
a routine basis when referenced
voluntary standards are upgraded by
AATCC and ASTM (e.g., laundering and
dry cleaning) without having to go
through full notice and comment
rulemaking.
Response. For any change by a
voluntary standards organization to
have the force and effect of a
Commission rule, the Commission must
formally adopt it through notice and
comment rulemaking.
c. Comment. Some commenters
suggested that the requirements of the
Standard should be made more stringent
to improve the level of safety provided
by the Standard; comments included
reviewing the appropriateness of the
ignition source and ignition time,
increasing the ignition time from 1 to 5
seconds, revising the acceptable burn
times; considering forced ignition,
ignition of the lower cut edge of the
specimen and horizontal and vertical
test configurations. One comment was
concerned with the need for new
flammability requirements for certain
types of clothing (adult sleepwear and
bathrobes). One commenter suggested
adding a list of ‘‘suspect fabrics’’ and
requiring more frequent testing for these
fabrics. Additional comments included
clarifying or amending the exemptions
from the requirements for testing to
support guaranties and warning labels
for ‘‘high-risk’’ garments.
4. The Desiccant Specified in the
Standard
Comment. One commenter
recommended specifying silica gel as
the desiccant instead of anhydrous
calcium chloride. Another commenter
was concerned about the potency of the
anhydrous calcium chloride desiccant
and consequently the efficacy of testing.
That commenter noted that the only
way to ensure the potency of anhydrous
calcium chloride desiccant is to require
maintaining daily logs detailing the
initial temperature and humidity
readings inside the desiccator at the
start of each day, as well as after each
test is completed.
Response. The Commission agrees
with the commenters, and the proposal
specifies silica gel as the preferred
desiccant. Silica gel is recognized as an
effective, reliable desiccant; and it can
be reactivated by heating, thus making
it economical. Other FFA standards (16
CFR parts 1615, 1616, 1630 and 1631)
specify silica gel as the preferred
desiccant, and for the purpose of
uniformity the CPSC laboratory has
been using silica gel as the desiccant for
all FFA testing since 1973. Regarding
the potency of the desiccant, unlike
anhydrous calcium chloride desiccant,
the color-changing silica gel indicator
provides a visual indication that the
desiccant has become saturated with
moisture. When the indicating silica gel
crystals change color, the desiccant is
reactivated by heating it in a laboratory
oven.
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5. Preliminary Tests
a. Comment. One commenter
recommended eliminating the
preliminary tests requirement because
the majority of apparel garments are cut
in the lengthwise direction, therefore
only the lengthwise direction of a
garment or fabric needs to be tested.
Response. When a garment is worn on
a body, the orientation of the fabric
varies. The standard specifies that the
long dimension of a plain surface textile
fabric specimen is that direction in
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which the fabric burns most rapidly. To
determine which fabric direction burns
the most rapidly, the Standard requires
preliminary tests of specimens cut in
different directions. Because there can
be differences in the burning
characteristics with respect to fabric
direction, the staff believes that the
requirement for preliminary tests should
not be eliminated.
b. Comment. One commenter
suggested increasing the number of
preliminary tests, especially for raised
fiber surface textile fabrics to include
both lengthwise and crosswise
directions. The commenter is concerned
about low-pile fabrics where it may be
difficult to determine the correct
direction of the raised surface fibers.
Response. For raised fiber surface
textile fabrics the Standard requires the
direction of the lay of the surface fibers
be parallel with the long dimension of
the specimen. Selecting specimens in
this manner allows for the brushing
procedure to raise the surface fibers,
since the specimen is brushed against
the direction of the lay of the surface
fibers. The Standard requires tests of the
most flammable surface of the fabric.
With many raised fiber surface textile
fabrics it is easy to determine the
direction of the lay of the surface fibers
by touch and visual observation, and
preliminary tests are not needed.
Regarding those fabrics where it may be
difficult to visually determine the
correct direction of the lay of the raised
surface fibers, preliminary tests should
be done to determine the direction with
the fastest burning time. Since the
Standard already requires preliminary
tests to determine the most flammable
fabric direction, there is no need to
prescribe preliminary tests of both the
lengthwise and crosswise direction of
raised fiber surface textile fabrics.
6. Reporting Test Results
Comment. One commenter
recommended using simplified
abbreviations (or codes) for reporting
burn test results.
Response. The existing Standard does
not provide codes to report test results.
However, the FTC developed test result
codes many years ago for both plain
surface and raised fiber surface textile
fabrics. These codes are found in the
CPSC’s laboratory test manual, and the
CPSC laboratory staff has used them to
record test results for a number of years.
Uniform result codes will facilitate
reporting accuracy, understanding of
flammability performance and
resolution of test result differences
among laboratories. For these reasons
the proposal provides test result codes.
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E. Preliminary Regulatory Analysis
Introduction
The Commission has preliminarily
determined to issue a rule revising and
reorganizing the Standard for the
Flammability of Clothing Textiles.
Section 4(i) of the FFA requires that the
Commission prepare a preliminary
regulatory analysis for a proposed
regulation under the FFA and that it be
published with the proposed rule. 15
U.S.C. 1193(i). The following
discussion, extracted from the staff’s
memorandum titled ‘‘Preliminary
Regulatory Analysis: Amendment to
Clothing Textile Standard,’’ addresses
this requirement.
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Potential Benefits and Costs
Any benefits of the proposed revision
would accrue through a reduction in
injury and death associated with
clothing ignition. However, the
proposed amendment simply codifies
existing industry practices, and is not
intended to change the types and classes
of textiles (or garments) available for
consumer use. Consequently, we do not
anticipate any change in injuries or
deaths due to this revision. Therefore,
this amendment would not result in any
additional expected benefits associated
with the Standard.
Similarly, the proposal is not
expected to increase costs to
manufacturers. Any increased costs that
would have been incurred were already
borne by manufacturers when they
voluntarily initiated the test
modifications which would be called for
under the revision. No additional testing
or recordkeeping requirements are
contemplated as a result of the proposed
amendment. Again, this amendment
simply codifies current industry
practices. If anything, this proposed
revision may reduce the industry
burden since it modifies requirements
that are outdated and/or impossible to
comply with.
Alternatives
One alternative would be for the
Commission to choose to use the ASTM
standard as a template for the proposed
amendment. The ASTM standard is a
recent update (2001) of the FFA
regulations promulgated in 1953. This
option would harmonize the voluntary
standard with the mandatory FFA
standard. However, the more extensive
definitional language of the proposed
revised standard is more complete and
more easily understood than that of the
ASTM standard, which follows a
different organizational format.
Another option may be to use the test
procedures outlined in the ASTM
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standard, combined with the
definitional content of the proposal.
While each of the options is likely to
result in equivalence with the current
Standard, the Commission believes that
the detail of its proposed language could
better address the potential for
confusion and mis-classification of
clothing textiles by the industry.
F. Regulatory Flexibility Certification
The Regulatory Flexibility Act
(‘‘RFA’’) generally requires that agencies
review proposed rules for their potential
economic impact on small entities,
including small businesses. Section 603
of the RFA calls for agencies to prepare
and make available for public comment
an initial regulatory flexibility analysis
describing the impact of the proposed
rule on small entities and identifying
impact-reducing alternatives. 5 U.S.C.
603. However, section 605 states that
this requirement does not apply if the
head of the agency certifies that the rule
will not have a significant economic
impact on a substantial number of small
entities, and the agency provides an
explanation for that conclusion.
This rulemaking will have little or no
effect on small businesses in the textile
and apparel industries because, as
discussed above, the proposal is largely
a technical one that updates the FFA
Standard to current industry practices.
Therefore, the Commission concludes
that the proposed amendment will not
have a significant economic impact on
a substantial number of small entities.
G. Environmental Considerations
Generally, CPSC rules are considered
to ‘‘have little or no potential for
affecting the human environment,’’ and
environmental assessments are not
usually prepared for these rules (see 16
CFR 1021.5 (c)(1)). Because the proposal
continues current industry practices, it
is not expected to alter production
processes or affect the amounts of
materials used in manufacturing,
packaging or labeling. Therefore, the
Commission does not expect the
proposal to have any negative
environmental impact.
H. Executive Orders
Executive Order 12988 (February 5,
1996), requires agencies to state in clear
language the preemptive effect, if any, to
be given to a new regulation. The
clothing standard amendment, if issued
on a final basis, would modify a
flammability standard issued under the
FFA. With certain exceptions which are
not applicable in this instance, no state
or political subdivision of a state may
enact or continue in effect ‘‘a
flammability standard or other
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regulation’’ applicable to the same fabric
or product covered by an FFA standard
if the state or local flammability
standard or other regulations is
‘‘designed to protect against the same
risk of the occurrence fire’’ unless the
state or local flammability standard or
regulation ‘‘is identical’’ to the FFA
standard. See section 16 of the FFA (15
U.S.C. 1203).
I. Effective Date
Section 4(b) of the FFA (15 U.S.C.
1193(b)) provides that an amendment of
a flammability standard shall become
effective one year from the date it is
promulgated, unless the Commission
finds for good cause than an earlier or
later effective date is in the public
interest, and publishes that finding.
Section 4(b) also requires that an
amendment of a flammability standard
shall exempt products ‘‘in inventory or
with the trade’’ on the date the
amendment becomes effective, unless
the Commission limits or withdraws
that exemption because those products
are so highly flammable that they are
dangerous for use by consumers.
The Commission believes that a
shorter effective date is in the public
interest. As discussed above, the
proposed revisions reflect practices that
industry and laboratories are currently
following. Thus, the impact of the
proposed changes should be minimal.
Moreover, it should be helpful to the
public if the clarifications provided in
the proposed revision are effective
sooner than one year. Therefore, the
Commission proposes that the revisions
to the Standard would become effective
180 days after publication of a final
amendment and that products ‘‘in
inventory or with the trade’’ would be
exempt from the revised standard.
J. Proposed Findings
Section 1193(a) and (j)(2) of the FFA
require the Commission to make certain
findings when it issues or amends a
flammability standard. The Commission
must find that the standard or
amendment: (1) Is needed to adequately
protect the public against the risk of the
occurrence of fire leading to death,
injury or significant property damage;
(2) is reasonable, technologically
practicable, and appropriate; (3) is
limited to fabrics, related materials or
products which present unreasonable
risks; and (4) is stated in objective
terms. 15 U.S.C. 1193(b). In addition,
the Commission must find that: (1) If an
applicable voluntary standard has been
adopted and implemented, that
compliance with the voluntary standard
is not likely to adequately reduce the
risk of injury, or compliance with the
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voluntary standard is not likely to be
substantial; (2) that benefits expected
from the regulation bear a reasonable
relationship to its costs; and (3) that the
regulation imposes the least
burdensome alternative that would
adequately reduce the risk of injury.
These findings are discussed below.
The amendment to the Standard is
needed to adequately protect the public
against unreasonable risk of the
occurrence of fire. The Standard dates
from 1953. In the past fifty years
changes in technology and consumer
practices have made some parts of the
Standard obsolete. Through the years,
some have found the Standard’s
terminology and organization confusing
and difficult to follow. The proposed
amendment will better reflect the
modern practices followed by industry
and consumers, and modifications in
the language and organization of the
standard will enhance its clarity.
The amendment to the Standard is
reasonable, technologically practicable,
and appropriate. The proposed
amendment essentially establishes in
the Standard the practices currently
followed by industry and testing
laboratories. These changes should
enhance the Standard’s reasonableness,
practicability, and appropriateness.
The amendment to the Standard is
limited to fabrics, related materials, and
products that present an unreasonable
risk. The proposed amendment
continues to apply to the same textiles
as the existing Standard.
Voluntary standards. The proposed
Standard is similar to ASTM D1230
Standard Test Method for Flammability
of Apparel Textiles in methods of
testing but significantly different in
refurbishing procedures, terminology
and criteria. The Commission believes
that the proposed amendment will
provide better clarity to industry and
testing laboratories and therefore is
likely to better address the risk of injury.
Relationship of benefits to costs.
Because the proposed amendment
reflects current practices, both
anticipated costs and benefits are likely
to be small.
Least burdensome requirement. The
proposed amendment makes no
substantive changes to the Standard, but
only provides modifications that are
necessary to update and clarify the
Standard.
K. Conclusion
For the reasons discussed above, the
Commission preliminarily finds that
amending the clothing textile
flammability standard is needed to
adequately protect the public against the
unreasonable risk of the occurrence of
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fire leading to death, injury, and
significant property damage. The
Commission also preliminarily finds
that the amendment to the Standard is
reasonable, technologically practicable,
and appropriate. The Commission
further finds that the amendment is
limited to the fabrics, related materials
and products which present such
unreasonable risks.
List of Subjects in 16 CFR Part 1610
Clothing, Consumer protection,
Flammable materials, Reporting and
recordkeeping requirements, Textiles,
Warranties.
Therefore, the Commission proposes
to amend Title 16 of the Code of Federal
Regulations by revising part 1610 to
read as follows:
PART 1610—STANDARD FOR THE
FLAMMABILITY OF CLOTHING
TEXTILES
Subpart A—The Standard
Sec.
1610.1 Purpose, scope and applicability.
1610.2 Definitions.
1610.3 Summary of test method.
1610.4 Requirements for classifying textiles.
1610.5 Test apparatus and materials.
1610.6 Test procedure.
1610.7 Test sequence and classification
criteria.
1610.8 Reporting results.
Subpart B—Rules and Regulations
1610.31 Definitions.
1610.32 General requirements.
1610.33 Test procedures for textile fabrics
and film.
1610.34 Only uncovered or exposed parts of
wearing apparel to be tested.
1610.35 Procedures for testing special types
of textile fabrics under the standard.
1610.36 Application of Act to particular
types of products.
1610.37 Reasonable and representative tests
to support guaranties.
1610.38 Maintenance of records by those
furnishing guaranties.
1610.39 Shipments under section 11(c) of
the Act.
1610.40 Use of alternative apparatus,
procedures, or criteria for tests for
guaranty purposes.
Subpart C—Interpretations and Policies
1610.61 Reasonable and representative
testing to assure compliance with the
standard for the clothing textiles.
Figure 1 to Part 1610—Sketch of
Flammability Apparatus
Figure 2 to Part 1610—Flammability
Apparatus Views
Figure 3 to Part 1610—Specimen Holder
Supported in Specimen Rack
Figure 4 to Part 1610—Igniter
Figure 5 to Part 1610—Brushing Device
Figure 6 to Part 1610—Brush
Figure 7 to Part 1610—Template
Authority: 15 U.S.C. 1191–1204.
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Subpart A—The Standard
§ 1610.1
Purpose, scope and applicability.
(a) Purpose. The purpose of this
standard is to reduce danger of injury
and loss of life by providing, on a
national basis, standard methods of
testing and rating the flammability of
textiles and textile products for clothing
use, thereby prohibiting the use of any
dangerously flammable clothing textiles.
(b) Scope. The Standard provides
methods of testing the flammability of
clothing and textiles intended to be
used for clothing, establishes three
classes of flammability, sets forth the
requirements which textiles shall meet
to be classified, and warns against the
use of those textiles which have burning
characteristics unsuitable for clothing.
Hereafter, ‘‘clothing and textiles
intended to be used for clothing’’ shall
be referred to as ‘‘textiles.’’
(c) Specific exceptions. This standard
shall not apply to: (1) Hats, provided
they do not constitute or form part of a
covering for the neck, face, or shoulders
when worn by individuals;
(2) Gloves, provided they are not more
than 14 inches in length and are not
affixed to or do not form an integral part
of another garment;
(3) Footwear, provided it does not
consist of hosiery in whole or part and
is not affixed to or does not form an
integral part of another garment;
(4) Interlining fabrics, when intended
or sold for use as a layer between an
outer shell and an inner lining in
wearing apparel.
(d) Specific exemptions. Experience
gained from years of testing in
accordance with the Standard
demonstrates that certain fabrics
consistently yield acceptable results
when tested in accordance with the
Standard. Therefore, persons and firms
issuing an initial guaranty of any of the
following types of fabrics, or of products
made entirely from one or more of these
fabrics, are exempt from any
requirement for testing to support
guaranties of those fabrics:
(1) Plain surface fabrics, regardless of
fiber content, weighing 2.6 ounces per
square yard or more; and
(2) All fabrics, both plain surface and
raised-fiber surface textiles, regardless
of weight, made entirely from any of the
following fibers or entirely from
combination of the following fibers:
acrylic, modacrylic, nylon, olefin,
polyester, wool.
(e) Applicability. The requirements of
this part 1610 shall apply to textile
fabric or related material in a form or
state ready for use in an article of
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wearing apparel, including garments
and costumes finished for consumer
use.
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§ 1610.2
Definitions.
In addition to the definitions given in
Section 2 of the Flammable Fabrics Act
as amended (15 U.S.C. 1191), the
following definitions apply for this part
1610.
(a) Base burn (also known as base
fabric ignition or fusing) means the
point at which the flame burns the
ground (base) fabric of a raised surface
textile fabric and provides a selfsustaining flame. Base burns, used to
establish a Class 3 fabric, are those
burns resulting from surface flash that
occur on specimens in places other than
the point of impingement when the
warp and fill yarns of a raised surface
textile fabric undergo combustion. Base
burns can be identified by an opacity
change, scorching on the reverse side of
the fabric, or when a physical hole is
evident.
(b) Burn time means the time elapsed
from ignition until the stop thread is
severed as measured by the timing
mechanism of the test apparatus.
(c) Dry cleaning means the cleaning of
samples in a commercial dry cleaning
machine under the conditions described
in § 1610.6.
(d) Film means any non-rigid,
unsupported plastic, rubber or other
synthetic or natural film or sheeting,
subject to the Act, or any combination
thereof, including transparent, and
opaque material, whether plain,
embossed, molded, or otherwise surface
treated, which is in a form or state ready
for use in wearing apparel, and shall
include film or sheeting of any
thickness.
(e) Flammability means those
characteristics of a material that pertain
to its relative ease of ignition and
relative ability to sustain combustion.
(f) Flame application time means the
1 second during which the ignition
flame is applied to the test specimen.
(g) Ignition means that there is a selfsustaining flame on the specimen after
the test flame is removed.
(h) Interlining means any textile
which is intended for incorporation into
an article of wearing apparel as a layer
between an outer shell and an inner
lining.
(i) Laundering means washing with an
aqueous detergent solution and includes
rinsing, extraction and tumble drying as
described in § 1610.6.
(j) Long dimension means the 150 mm
(6 in) length of test specimen.
(k) Plain surface textile fabric means
any textile fabric which does not have
an intentionally raised fiber or yarn
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surface such as a pile, nap, or tuft, but
shall include those fabrics that have
fancy woven, knitted or flock-printed
surfaces.
(l) Raised surface textile fabric means
any textile fabric with an intentionally
raised fiber or yarn surface, such as a
pile, including flocked pile, nap, or
tufting.
(m) Refurbishing means dry cleaning
and laundering in accordance with
§ 1610.6.
(n) Sample means a portion of a lot of
material which is taken for testing or for
record keeping purposes.
(o) Specimen means a 50 mm by 150
mm (2 in by 6 in) section of sample.
(p) Stop thread supply means No. 50,
white, mercerized, 100% cotton sewing
thread.
(q) Surface flash means a rapid
burning of the pile fibers and yarns on
a raised fiber surface textile that may or
may not result in base burning.
(r) Textile fabric means any coated or
uncoated material subject to the Act,
except film and fabrics having a nitrocellulose fiber, finish, or coating, which
is woven, knitted, felted or otherwise
produced from any natural or manmade
fiber, or substitute therefore, or
combination thereof, of 50 mm (2 in) or
more in width, and which is in a form
or state ready for use in wearing
apparel, including fabrics which have
undergone further processing, such as
dyeing and finishing, in garment form,
for consumer use.
§ 1610.3
Summary of test method.
The Standard provides methods of
testing the flammability of textiles from
or intended to be used for apparel;
establishes three classes of flammability;
sets forth the requirements for
classifying textiles; and prohibits the
use of single or multi-layer textile
fabrics that have burning characteristics
that make them unsuitable for apparel.
All textiles shall be tested before and
after refurbishing according to § 1610.6.
Each specimen cut from the textile shall
be inserted in a frame, brushed if it has
a raised fiber surface, and held in a
special apparatus at an angle of 45°. A
standardized flame shall be applied to
the surface near the lower end of the
specimen for 1 second, and the time
required for the flame to proceed up the
fabric a distance of 127 mm (5 in) shall
be recorded. A notation shall be made
as to whether the base of a raisedsurface textile fabric ignites or fuses.
§ 1610.4
textiles.
Requirements for classifying
(a) Class 1, Normal Flammability.
Class 1 textiles exhibit normal
flammability and are acceptable for use
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in clothing. This class shall include
textiles which meet the minimum
requirements set forth in paragraph
(a)(1) or paragraph (a)(2) of this section.
(1) Plain surface textile fabric. Such
textiles in their original state and/or
after being refurbished as described in
§ 1610.6(a) and § 1610.6(b), when tested
as described in § 1610.6, shall be
classified as Class 1, Normal
Flammability, when the burn time is 3.5
seconds or more.
(2) Raised surface textile fabric. Such
textiles in their original state and/or
after being refurbished as described in
§ 1610.6(a) and § 1610.6(b), when tested
as described in § 1610.6, shall be
classified as Class 1, Normal
Flammability, when the burn time is
more than 7 seconds, or when they burn
with a rapid surface flash (0 to 7
seconds), provided the intensity of the
flame is so low as not to ignite or fuse
the base fabric.
(b) Class 2, Intermediate
Flammability. Class 2 fabrics, applicable
only to raised fiber surface textiles, are
considered to be of intermediate
flammability, but may be used for
clothing. This class shall include
textiles which meet the minimum
requirements set forth in paragraph
(b)(2) of this section.
(1) Plain surface textile fabric. Class 2
is not applicable to plain surface textile
fabrics.
(2) Raised surface textile fabric. Such
textiles in their original state and/or
after being refurbished as described in
§ 1610.6(a) and § 1610.6(b), when tested
as described in § 1610.6, shall be
classified as Class 2, Intermediate
Flammability, when the burn time is
from 4 through 7 seconds, both
inclusive, and the base fabric ignites or
fuses.
(c) Class 3, Rapid and Intense
Burning. Class 3 textiles exhibit rapid
and intense burning, are dangerously
flammable and shall not be used for
clothing. This class shall include
textiles which have burning
characteristics as described in
paragraphs (c)(1) and (c)(2) of this
section. Such textiles are considered
dangerously flammable because of their
rapid and intense burning.
(1) Plain surface textile fabric. Such
textiles in their original state and/or
after refurbishing as described in
§ 1610.6(a) and § 1610.6(b), when tested
as described in § 1610.6, shall be
classified as Class 3 Rapid and Intense
Burning when the time of flame spread
is less than 3.5 seconds.
(2) Raised surface textile fabric. Such
textiles in their original state and/or
after refurbishing as described in
§ 1610.6(a) and § 1610.6(b), when tested
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as described in § 1610.6, shall be
classified as Class 3 Rapid and Intense
Burning when the time of flame spread
is less than 4 seconds and the intensity
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of flame is such as to ignite or fuse the
base fabric.
TABLE 1 TO § 1610.4.—SUMMARY OF TEST CRITERIA FOR SPECIMEN CLASSIFICATION
[See also § 1610.7]
Class
Plain surface textile fabric
1 ..............................
Burn time is 3.5 seconds or more. ACCEPTABLE (3.5 sec
is a pass).
(1) Burn time is greater than 7.0 seconds or
2 ..............................
Class 2 is not applicable to plain surface textile fabrics .......
3 ..............................
Burn time is less than 3.5 seconds. NOT ACCEPTABLE ....
(2) Burn time is 0–7 seconds with no base burns. Exhibits
rapid surface flash only. ACCEPTABLE
Burn time is 4–7 seconds (inclusive) with base burn. ACCEPTABLE
Burn time is less than 4.0 seconds with base burn. NOT
ACCEPTABLE.
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§ 1610.5
Test apparatus and materials.
(a) Flammability apparatus. The
flammability test apparatus consists of a
draft-proof ventilated chamber
enclosing a standardized ignition
mechanism, sample rack, and automatic
timing mechanism. The flammability
apparatus shall meet the minimum
requirements for testing as follows.
(1) Test chamber.—(i) Test chamber
structure. The test chamber shall be a
metal, draft-proof ventilated chamber.
The test chamber shall have inside
dimensions of 35.3 cm high by 36.8 cm
wide by 21.6 cm deep (14 in by 14.5 in
by 8.5 in). There shall be eleven 12.7
mm diameter (0.5 in) holes equidistant
along the rear of the top closure. The
front of the chamber shall be a close
fitting door with an insert made of clear
material (i.e., glass, plexiglass) to permit
observation of the entire test. A
ventilating strip is provided at the base
of the door in the front of the apparatus.
The test chamber to be used in this test
method is illustrated in Figures 1
through 3 of this part.
(ii) Specimen rack. The specimen rack
provides support for the specimen
holder (described in paragraph (a)(1)(iii)
of this section) in which the specimen
is mounted for testing. The angle of
inclination shall be 45°. Two guide pins
projecting downward from the center of
the base of the rack travel in slots
provided in the floor of the chamber so
that adjustment can be made for the
thickness of the specimen in relation to
the test flame. A stop shall be provided
in the base of the chamber to assist in
adjusting the position of the rack. The
specimen rack shall be constructed so
that: it supports the specimen holder in
a way that does not obstruct air flow
around the bottom edge of the fabric
specimen; and the fabric specimen is
properly aligned with the igniter tip
during flame impingement. The
specimen rack to be used in this test
method is illustrated in Figures 1 and 2
of this part. Movable rack: Refer to the
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Raised surface textile fabric
manufacturers’ instruction in relation to
the adjustment procedure to move the
rack into the appropriate position for
the indicator finger alignment.
(iii) Specimen holder. The specimen
holder supports and holds the fabric
specimen. The specimen holder shall
consist of two 2 mm (0.06 in) thick Ushaped matched metal plates. The plates
are slotted and loosely pinned for
alignment. The specimen shall be firmly
sandwiched in between the metal plates
with clamps mounted along the sides.
The two plates of the holder shall cover
all but 3.8 cm (1.5 in) of the width of
the specimen for its full length. See
Figure 3 of this part. The specimen
holder shall be supported in the draftproof chamber on the rack at an angle
of 45°.
(iv) Indicator finger. The position of
the specimen rack (described in
paragraph (a)(1)(ii) of this section) shall
be adjusted, so the tip of the indicator
finger just touches the surface of the
specimen. The indicator finger is
necessary to ensure that the tip of the
test flame will impinge on the specimen
during testing. The indicator finger to be
used in this test method is illustrated in
Figures 1 and 2 of this part.
(v) Ignition mechanism. The ignition
mechanism shall consist of a motor
driven butane gas jet formed around a
26-gauge hypodermic needle and creates
the test flame. The test flame shall be
protected by a shield. The test flame is
adjusted to 16 mm (0.625 in) and
applied to the specimen for 1 second. A
trigger device is located in the front of
the apparatus, the pulling or pushing of
which activates the test flame
impingement and timing device.
Electro-mechanical devices (i.e., servomotors, solenoids, micro-switches, and
electronic circuits, in addition to
miscellaneous custom made cams and
rods, shock absorbing linkages, and
various other mechanical components)
can be used to control and apply the
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flame impingement. See Figure 7 of this
part.
(vi) Draft ventilator strip. A draft
ventilator strip shall be placed across
the front opening, sealing the space
between the sliding door when in
lowered position and the base on which
the grid rack is attached. (See Figure 1
of this part.)
(vii) Stop weight. The weight,
attached by means of a clip to the stop
thread, in dropping actuates the stop
motion for the timing mechanism. The
weight shall be at least 30g (1.16 oz).
(viii) Door. The door shall be a clear
(i.e., glass or plexiglass) door, close
fitting and allows for viewing of the
entire test.
(ix) Hood. The hood or other suitable
enclosure shall provide a draft-free
environment surrounding the test
chamber. The hood or other suitable
enclosure shall have a fan or other
means for exhausting smoke and/or
fumes produced by testing.
(2) Stop thread and thread guides.—
(i) Stop thread. The stop thread shall be
stretched from the spool through
suitable thread guides provided on the
specimen holder and chamber walls.
(ii) Stop thread supply. This supply,
consisting of a spool of No. 50, white,
mercerized, 100% cotton sewing thread,
shall be fastened to the side of the
chamber and can be withdrawn by
releasing the thumbscrew holding it in
position.
(iii) Thread guides. The thread guides
permit the lacing of the stop thread in
the proper position exactly 127 mm (5
in) from the point where the center of
the ignition flame impinges on the test
specimen. The stop thread shall be 9.5
mm (0.37 in) above and parallel to the
lower surface of the top plate of the
specimen holder. This condition can be
achieved easily and reproducibly with
the use of a thread guide popularly
referred to as a ‘‘sky hook’’ suspended
down from the top panel along with two
L-shaped thread guides attached to the
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upper end of the top plate of the
specimen holder. Two other thread
guides can be installed on the rear panel
to draw the thread away from directly
over the test flame. The essential
condition, however, is the uniform
height of 9.5 mm (0.37 in) for the stop
thread and not the number, placement
or design of the thread guides.
(iv) Stop weight thread guide. This
thread guide shall be used to guide the
stop thread when attaching the stop
weight.
(3) Supply for test flame. (i) The fuel
supply shall be a cylinder of chemically
pure (c. p.) butane.
(ii) The fuel-tank control valve shall
consist of a sensitive control device for
regulating the fuel supply at the tank.
(iii) The flow control device, such as
a manometer or flow meter, shall be
sufficient to maintain a consistent flame
length of 5⁄8 in.
(4) Timing device. The timing device
consists of a timer, driving mechanism
and weight. The timer, by means of
special attachments, is actuated to start
by connection with the gas jet. A trigger
device (described in paragraph (a)(1)(v)
of this section) activates the flame
impingement, causing the driving
mechanism to move the gas jet to its
most forward position and
automatically starts the timer at the
moment of flame impact with the
specimen. The falling weight, when
caused to move by severance of the stop
thread, stops the timer. Time shall be
read directly and recorded as a burn
time. Read burn time to 0.1 second. An
electronic or mechanical timer can be
used to record the burn time, and
electro-mechanical devices (i.e., servomotors, solenoids, micro-switches, and
electronic circuits, in addition to
miscellaneous custom made cams and
rods, shock absorbing linkages, and
various other mechanical components)
can be used to control and apply the
flame impingement.
(b) Specimen preparation equipment
and materials—(1) Laboratory drying
oven. This shall be a forced circulation
drying oven capable of maintaining 105°
± 3° C (221° ± 5° F) for 30 ± 2 minutes
to dry the specimens while mounted in
the specimen holders.
(2) Desiccator. This shall be an
airtight and moisture tight chamber
capable of holding the specimens
horizontally without contacting each
other during the cooling period
following drying, and shall contain
silica gel desiccant.
(3) Desiccant. Anhydrous silica gel
shall be used as the desiccant.
(4) Automatic washing machine. The
automatic washing machine shall be as
described in § 1610.6(b)(1)(ii).
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(5) Automatic tumble dryer. The
automatic tumble dryer shall be as
described in § 1610.6(b)(1)(ii).
(6) Commercial dry cleaning machine.
The commercial dry cleaning machine
shall be capable of providing a complete
automatic dry-to-dry cycle using
perchloroethylene solvent and a
cationic drycleaning detergent as
specified in § 1610.6(b)(1)(i).
(7) Dry cleaning solvent. The solvent
shall be perchloroethylene, commercial
grade.
(8) Dry cleaning detergent. The dry
cleaning detergent shall be cationic
class.
(9) Laundering detergent. The
laundering detergent shall be as
specified in § 1610.6(b)(1)(ii).
(10) Brushing device. The brushing
device shall consist of a base board over
which a small carriage is drawn. See
Figure 4 of this part. This carriage runs
on parallel tracks attached to the edges
of the upper surface of the base board.
The brush is hinged with pin hinges at
the rear edge of the base board and rests
on the carriage vertically with a
pressure of 150 gf (0.33 lbf). The brush
shall consist of two rows of stiff nylon
bristles mounted with the tufts in a
staggered position. The bristles are 0.41
mm (0.016 in) in diameter and 19 mm
(0.75 in) in length. There are 20 bristles
per tuft and 4 tufts per inch. See Figure
6 of this part. A clamp is attached to the
forward edge of the movable carriage to
permit holding the specimen on the
carriage during the brushing operation.
The purpose of the metal plate or
‘‘template’’ on the carriage of the
brushing device is to support the
specimen during the brushing
operation. The template shall be 3.2 mm
(0.13 in) thick. See Figure 5 of this part.
§ 1610.6
Test procedure.
The test procedure is divided into two
steps. Step 1 is testing in the ‘‘as
received’’ or original state; Step 2 is
testing after the fabric has been
refurbished according to paragraph
(b)(1) of this section.
(a) Step 1—Testing in the ‘‘as
received’’ or original state. (1) Tests
shall be conducted on the fabric in a
form or state ready for use in wearing
apparel. Determine whether the fabric to
be tested is a plain surface textile fabric
or a raised surface textile fabric as
defined in § 1610.2 (k) and (l). There are
some fabrics that require extra attention
when preparing test specimens because
of their particular construction
characteristics. Examples of these
fabrics are provided in paragraphs
(a)(1)(i) through (vi) of this section along
with guidelines for preparing specimens
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from these fabrics. This information is
not intended to be all-inclusive.
(i) Flocked fabrics. Fabrics that are
flocked overall are treated as raised
surface textile fabrics as defined in
§ 1610.2(l). Flock printed fabrics
(usually in a pattern and not covering
the entire surface) shall be treated as
plain surface textile fabrics as defined in
§ 1610.2(k).
(ii) Cut velvet fabrics. Cut velvet
fabrics with a patterned construction
shall be considered a raised surface
textile fabric as defined in § 1610.2(l).
(iii) Metallic thread fabrics. Metallic
thread fabrics shall be considered plain
surface textile fabrics provided the base
fabric is smooth. The specimens shall be
cut so that the metallic thread is parallel
to the long dimension of the specimen
and arranged so the test flame impinges
on a metallic thread.
(iv) Embroidery. Embroidery on
netting material shall be tested with two
sets of preliminary specimens to
determine the most flammable area
(which offers the greatest amount of
netting or embroidery in the 150 mm (6
in.) direction). One set of netting only
shall be tested and the other set shall
consist mainly of embroidery with the
specimens cut so that the test flame
impinges on the embroidered area. Test
the most flammable area according to
the plain surface textile fabric
requirements. The full test shall be
completed on a sample cut from the area
that has the fastest burn rate.
(v) Burn-out patterns. Flat woven
constructions with burn-out patterns
shall be considered plain surface textile
fabrics as defined in § 1610.2(k).
(vi) Narrow fabrics and loose fibrous
materials. Narrow fabrics and loose
fibrous materials manufactured less
than 50 mm (2 in) in width in either
direction shall not be tested. If a 50 mm
by 150 mm (2 in by 6 in) specimen
cannot be cut due to the nature of the
item, i.e. hula skirts, leis, fringe, loose
feathers, wigs, hairpieces, etc., do not
conduct a test.
(2) Plain surface textile fabrics—(i)
Preliminary trials. Conduct preliminary
trials to determine the quickest burning
direction. The specimen size shall be 50
mm by 150 mm (2 in by 6 in). Cut one
specimen from each direction of the
fabric. Identify the fabric direction being
careful not to make any identifying
marks in the exposed area to be tested.
Preliminary specimens shall be
mounted and conditioned as described
in paragraphs (a)(2)(ii) through (iv) of
this section and then tested following
the procedure in paragraph (c) of this
section to determine if there is a
difference in the burning characteristics
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with respect to the direction of the
fabric.
(ii) Identify and cut test specimens.
Cut the required number of test
specimens to be tested (refer to
§ 1610.7(b)(1)). Each specimen shall be
50 mm by 150 mm (2 in by 6 in), with
the long dimension in the direction in
which burning is most rapid as
established in the preliminary trials. Be
careful not to make any identifying
marks in the exposed area to be tested.
(iii) Mount specimens. Specimens
shall be placed in the holders, with the
side to be burned face up. Even though
plain surface textile fabrics are not
brushed, all specimens shall be
mounted in a specimen holder placed
on the carriage that rides on the
brushing device to ensure proper
position in the holder. A specimen shall
be placed between the two metal plates
of a specimen holder and clamped. Each
specimen shall be mounted and
clamped prior to conditioning and
testing.
(iv) Condition specimens. All
specimens mounted in the holders shall
then be placed in a horizontal position
on an open metal shelf in the oven to
permit free circulation of air around
them. The specimens shall be dried in
the oven for 30 ± 2 minutes at 105° ±
3 °C (221° ± 5 °F), removed from the
oven and placed over a bed of
anhydrous silica gel desiccant in a
desiccator until cool, but not less than
15 minutes.
(v) Flammability test. Follow the test
procedure in paragraph (c) of this
section and also follow the test
sequence in § 1610.7(b)(1).
(3) Raised surface textile fabrics.—(i)
Preliminary trials. The most flammable
surface of the fabric shall be tested.
Conduct preliminary trials and/or visual
examination to determine the quickest
burning area. The specimen size shall be
50 mm by 150 mm (2 in by 6 in). For
raised surface textile fabrics, the
direction of the lay of the surface fibers
shall be parallel with the long
dimension of the specimen. Specimens
shall be taken from that part of the
raised fiber surface that appears to have
the fastest burn time. For those fabrics
where it may be difficult to visually
determine the correct direction of the
lay of the raised surface fibers,
preliminary tests can be done to
determine the direction of the fastest
burn time. For textiles with varying
depths of pile, tufting, etc., the
preliminary test specimens are taken
from each depth of pile area to
determine which exhibits the quickest
rate of burning. A sufficient number of
preliminary specimens shall be tested to
provide adequate assurance that the
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raised surface textile fabric will be
tested in the quickest burning area.
Preliminary specimens shall be
mounted and conditioned as described
below and tested following the
procedure in paragraph (c) of this
section.
(ii) Identify and cut test specimens.
Cut the required number of specimens
(refer to § 1610.7(b)(3)) to be tested.
Each specimen shall be 50 mm by 150
mm (2 in by 6 in), with the specimen
taken from the direction in which
burning is most rapid as established in
the preliminary trials and/or visual
examination. Be careful not to make any
identifying marks in the exposed area to
be tested.
(iii) Mount specimens. Prior to
mounting the specimen, run a fingernail
along the 150 mm (6 in) edge of the
fabric not more than 6.4 mm (0.25 in)
in from the side to determine the lay of
the surface fibers. All specimens shall
be mounted in a specimen holder
placed on the carriage that rides on the
brushing device. The specimens shall be
mounted with the side to be burned face
up and positioned so the lay of the
surface fibers is going away from the
closed end of the specimen holder. The
specimen must be positioned in this
manner so that the brushing procedure
described in paragraph (a)(3)(iv) of this
section will raise the surface fibers, i.e.,
the specimen is brushed against the
direction of the lay of the surface fibers.
The specimen shall be placed between
the two metal plates of the specimen
holder and clamped.
(iv) Brush specimens. After mounting
in the specimen holder (and with the
holder still on the carriage that rides on
the brushing device) each specimen
shall be brushed one time. The carriage
is pushed to the rear of the brushing
device, and the brush lowered to the
face of the specimen. The carriage shall
be drawn forward by hand once against
the lay of the surface fibers at a uniform
rate. Brushing of a specimen shall be
performed with the specimen mounted
in a specimen holder. The purpose of
the metal plate or ‘‘template’’ on the
carriage of the brushing device is to
support the specimen during the
brushing operation.
(v) Condition specimens. All
specimens (mounted and brushed) in
the holders shall be then placed in a
horizontal position on an open metal
shelf in the oven to permit free
circulation of air around them. The
specimens shall be dried in the oven for
30 ± 2 minutes at 105° ± 3 °C (221° ±
5 °F) removed from the oven and placed
over a bed of anhydrous silica gel
dessicant in a desiccator until cool, but
not less than 15 minutes.
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(vi) Conduct flammability test. Follow
the procedure in paragraph (c) of this
section and follow the test sequence in
§ 1610.7(b)(3).
(b) Step 2—Refurbishing and testing
after refurbishing. (1) The refurbishing
procedures are the same for both plain
surface textile fabrics and raised fiber
surface textile fabrics. Those samples
that result in a Class 3, Rapid and
Intense Burning after Step 1 testing in
the ‘‘as received’’ or original state shall
not be refurbished and do not undergo
Step 2.
(i) Dry cleaning procedure. (A) All
samples shall be dry cleaned before they
undergo the laundering procedure.
Samples shall be dry cleaned in a
commercial dry cleaning machine, using
the following prescribed conditions:
Solvent: Perchloroethylene, commercial
grade
Detergent class: Cationic
Cleaning time: 10–15 minutes
Extraction time: 3 minutes
Drying Temperature: 60 ¥ 66 °C (140 ¥ 150
°F)
Drying Time: 18–20 minutes
Cool Down/Deodorization time: 5 minutes
(B) Samples shall be dry cleaned in a
load that is 80% of the machine’s
capacity. If necessary, ballast consisting
of clean textile pieces or garments,
white or light in color and consisting of
approximately 80% wool and 20%
polyester, shall be used.
(ii) Laundering procedure. The
sample, after being subjected to the dry
cleaning procedure, shall be washed
and dried one time in accordance with
sections 8.2.2, 8.2.3 and 8.3.1(A) of
AATCC Test Method 124–2001
‘‘Appearance of Fabrics after Repeated
Home Laundering.’’ Washing shall be
performed in accordance with sections
8.2.2 and 8.2.3 of AATCC Test Method
124–2001 using wash water temperature
(V) (149° ± 5 °F; 60° ± 3 °C) specified
in Table II of that method, and the water
level, agitator speed, washing time, spin
speed and final spin cycle specified for
‘‘Normal/Cotton Sturdy’’ in Table III. A
maximum wash load shall be 8 pounds
(3.63 kg) and may consist of any
combination of test samples and dummy
pieces. Drying shall be performed in
accordance with section 8.3.1(A) of that
test method, Tumble Dry, using the
exhaust temperature (150° ± 10 °F; 66°
± 5 °C) and cool down time of 10
minutes specified in the ‘‘Durable
Press’’ conditions of Table IV.
(2) Testing plain surface textile fabrics
after refurbishing. The test procedure is
the same as for Step 1—Testing in the
‘‘as received’’ or original state described
in paragraph (a)(1) of this section; also
follow the test sequence § 1610.7(b)(2).
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(3) Testing raised fiber surface textile
fabrics after refurbishing. The test
procedure is the same as for Step 1—
Testing in the ‘‘as received’’ or original
state as described in paragraph (a)(3) of
this section; also follow the test
sequence in § 1610.7(b)(4).
(c) Procedure for testing flammability.
(1) The test chamber shall be located
under the hood (or other suitable
enclosure) with the fan turned off. Open
the control valve in the fuel supply.
Allow approximately 5 minutes for the
air to be drawn from the fuel line, ignite
the gas and adjust the test flame to a
length of 16 mm (5⁄8 in), measured from
its tip to the opening in the gas nozzle.
(2) Remove one mounted specimen
from the desiccator at a time and place
it in a position on the rack in the
chamber of the apparatus. Thick fabrics
may require adjustment of the specimen
rack so that the tip of the indicator
finger just touches the surface of the
specimen.
(3) Adjust the position of the
specimen rack of the flammability test
chamber so that the tip of the indicator
finger just touches the face of the
mounted specimen.
(4) String the stop thread through the
guides in the upper plate of the
specimen holder across the top of the
specimen, and through any other thread
guide(s) of the chamber. Hook the stop
weight in place close to and just below
the stop weight thread guide. Set the
timing mechanism to zero. Close the
door of the flammability test chamber.
(5) Begin the test within 45 seconds
of the time the specimen was removed
from the desiccator. Activate the trigger
device to impinge the test flame. The
trigger device controls the impingement
of the test flame onto the specimen and
starts the timing device. The timing is
automatic and stops when the weight is
released by the severing of the stop
thread.
(6) At the end of each test, turn on the
hood fan to exhaust any fumes or smoke
produced during the test.
(7) Record the burn time (reading of
the timer) for each specimen, along with
visual observation using the test result
codes given in § 1610.8. If there is no
burn time, record the visual observation
using the test result codes. Please note
for raised fiber surface textile fabrics,
specimens should be allowed to
continue burning, even though a burn
rate is measured, to determine if the
base fabric will fuse.
(8) After exhausting all fumes and
smoke produced during the test, turn off
the fan before testing the next specimen.
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§ 1610.7
criteria.
Test sequence and classification
(a) Preliminary and final
classifications. Preliminary
classifications are assigned based on the
test results both before and after
refurbishing. The final classification
shall be the preliminary classification
before or after refurbishing, whichever
is the more severe flammability
classification.
(b) Test sequence and classification
criteria. (1) Step 1, Plain Surface Textile
Fabrics in the ‘‘as received’’ or original
state.
(i) Conduct preliminary tests in
accordance with § 1610.6(a)(2)(i) to
determine the fastest burning direction
of the fabric.
(ii) Prepare and test five specimens
from the fastest burning direction. The
burn times determine whether to assign
the preliminary classification and
proceed to § 1610.6(b) or to test five
additional specimens.
(iii) Assign the preliminary
classification of Class 1, Normal
Flammability and proceed to § 1610.6(b)
when:
(A) There are no burn times; or
(B) There is only one burn time and
it is equal to or greater than 3.5 seconds;
or
(C) The average burn time of two or
more specimens is equal to or greater
than 3.5 seconds.
(iv) Test five additional specimens
when there is either only one burn time,
and it is less than 3.5 seconds; or there
is an average burn time of less than 3.5
seconds. Test these five additional
specimens from the fastest burning
direction as previously determined by
the preliminary specimens. The burn
times for the 10 specimens determine
whether to:
(A) Stop testing and assign the final
classification as Class 3, Rapid and
Intense Burning only when there are
two or more burn times with an average
burn time of less than 3.5 seconds; or
(B) Assign the preliminary
classification of Class 1, Normal
Flammability and proceed to § 1610.6(b)
when there are two or more burn times
with an average burn time of 3.5
seconds or greater.
(v) If there is only one burn time out
of the 10 test specimens, the test is
inconclusive. The fabric cannot be
classified.
(2) Step 2, Plain Surface Textile
Fabrics after refurbishing in accordance
with § 1610.6(b)(1).
(i) Conduct preliminary tests in
accordance with § 1610.6(a)(2)(i) to
determine the fastest burning direction
of the fabric.
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(ii) Prepare and test five specimens
from the fastest burning direction. The
burn times determine whether to stop
testing and assign the preliminary
classification or to test five additional
specimens.
(iii) Stop testing and assign the
preliminary classification of Class 1,
Normal Flammability, when:
(A) There are no burn times; or
(B) There is only one burn time, and
it is equal to or greater than 3.5 seconds;
or
(C) There is an average burn time 3.5
seconds or greater.
(iv) Test five additional specimens
when there is only one burn time, and
it is less than 3.5 seconds; or there is an
average burn time less than 3.5 seconds.
Test five additional specimens from the
fastest burning direction as previously
determined by the preliminary
specimens. The burn times for the 10
specimens determine the preliminary
classification when:
(A) There are two or more burn times
with an average burn time of 3.5
seconds or greater. The preliminary
classification is Class 1, Normal
Flammability; or
(B) There are two or more burn times
with an average burn time of less than
3.5 seconds. The preliminary and final
classification is Class 3, Rapid and
Intense Burning; or
(v) If there is only one burn time out
of the 10 specimens, the test results are
inconclusive. The fabric cannot be
classified.
(3) Step 1, Raised Surface Textile
Fabric in the ‘‘as received’’ or original
state.
(i) Determine the area to be most
flammable per § 1610.6(a)(3)(i).
(ii) Prepare and test five specimens
from the most flammable area. The burn
times and visual observations determine
whether to assign a preliminary
classification and proceed to § 1610.6(b)
or to test five additional specimens.
(iii) Assign the preliminary
classification and proceed to § 1610.6(b)
when:
(A) There are no burn times. The
preliminary classification is Class 1,
Normal Flammability; or
(B) There is only one burn time and
it is less than 4 seconds without a base
burn, or it is 4 seconds or greater with
or without a base burn. The preliminary
classification is Class 1, Normal
Flammability; or
(C) There are no base burns regardless
of the burn time(s). The preliminary
classification is Class 1, Normal
Flammability; or
(D) There are two or more burn times
with an average burn time of 0–7
seconds with a surface flash only. The
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preliminary classification is Class 1,
Normal Flammability; or
(E) There are two or more burn times
with an average burn time greater than
7 seconds with any number of base
burns. The preliminary classification is
Class 1, Normal Flammability; or
(F) There are two or more burn times
with an average burn time of 4 through
7 seconds (both inclusive) with no more
than one base burn. The preliminary
classification is Class 1, Normal
Flammability; or
(G) There are two or more burn times
with an average burn time less than 4
seconds with no more than one base
burn. The preliminary classification is
Class 1, Normal Flammability; or
(H) There are two or more burn times
with an average burn time of 4 through
7 seconds (both inclusive) with two or
more base burns. The preliminary
classification is Class 2, Intermediate
Flammability.
(iv) Test five additional specimens
when the tests of the initial five
specimens result in either of the
following: There is only one burn time
and it is less than 4 seconds with a base
burn; or the average of two or more burn
times is less than 4 seconds with two or
more base burns. Test these five
additional specimens from the most
flammable area. The burn times and
visual observations for the 10 specimens
will determine whether to:
(A) Stop testing and assign the final
classification only if the average burn
time for the 10 specimens is less than
4 seconds with three or more base
burns. The final classification is Class 3,
Rapid and Intense Burning; or
(B) Assign the preliminary
classification and continue on to
§ 1610.6(b) when:
(1) The average burn time is less than
4 seconds with no more than two base
burns. The preliminary classification is
Class 1, Normal Flammability; or
(2) The average burn time is 4–7
seconds (both inclusive) with no more
than 2 base burns. The preliminary
classification is Class 1, Normal
Flammability, or
(3) The average burn time is greater
than 7 seconds. The preliminary
classification is Class 1, Normal
Flammability; or
(4) The average burn time is 4 through
7 seconds (both inclusive) with three or
more base burns. The preliminary
classification is Class 2, Intermediate
Flammability, or
(v) If there is only one burn time out
of the 10 specimens, the test is
inconclusive. The fabric cannot be
classified.
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(4) Step 2, Raised Surface Textile
Fabric After Refurbishing in accordance
with § 1610.6(b).
(i) Determine the area to be most
flammable in accordance with
§ 1610.6(a)(3)(i).
(ii) Prepare and test five specimens
from the most flammable area. Burn
times and visual observations determine
whether to stop testing and determine
the preliminary classification or to test
five additional specimens.
(iii) Stop testing and assign the
preliminary classification when:
(A) There are no burn times. The
preliminary classification is Class 1,
Normal Flammability; or
(B) There is only one burn time, and
it is less than 4 seconds without a base
burn; or it is 4 seconds or greater with
or without a base burn. The preliminary
classification is Class 1, Normal
Flammability; or
(C) There are no base burns regardless
of the burn time(s). The preliminary
classification is Class 1, Normal
Flammability; or
(D) There are two or more burn times
with an average burn time of 0 to 7
seconds with a surface flash only. The
preliminary classification is Class 1,
Normal Flammability; or
(E) There are two or more burn times
with an average burn time greater than
7 seconds with any number of base
burns. The preliminary classification is
Class 1, Normal Flammability; or
(F) There are two or more burn times
with an average burn time of 4 through
7 seconds (both inclusive) with no more
than one base burn. The preliminary
classification is Class 1, Normal
Flammability; or
(G) There are two or more burn times
with an average burn time less than 4
seconds with no more than one base
burn. The preliminary classification is
Class 1, Normal Flammability; or
(H) There are two or more burn times
with an average burn time of 4 through
7 seconds (both inclusive) with two or
more base burns. The preliminary
classification is Class 2, Intermediate
Flammability.
(iv) Test five additional specimens
when the tests of the initial five
specimens result in either of the
following: There is only one burn time,
and it is less than 4 seconds with a base
burn; or the average of two or more burn
times is less than 4 seconds with two or
more base burns.
(v) If required, test five additional
specimens from the most flammable
area. The burn times and visual
observations for the 10 specimens
determine the preliminary classification
when:
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(A) The average burn time is less than
4 seconds with no more than two base
burns. The preliminary classification is
Class 1, Normal Flammability; or
(B) The average burn time is less than
4 seconds with three or more base
burns. The preliminary and final
classification is Class 3, Rapid and
Intense Burning; or
(C) The average burn time is greater
than 7 seconds. The preliminary
classification is Class 1, Normal
flammability; or
(D) The average burn time is 4–7
seconds (both inclusive), with no more
than two base burns. The preliminary
classification is Class 1, Normal
Flammability; or
(E) The average burn time is 4–7
seconds (both inclusive), with three or
more base burns. The preliminary
classification is Class 2, Intermediate
Flammability; or
(vi) If there is only one burn time out
of the 10 specimens, the test is
inconclusive. The fabric cannot be
classified.
§ 1610.8
Reporting results.
(a) The reported result shall be the
classification before or after
refurbishing, whichever is the more
severe; and based on this result, the
textile shall be placed in the proper
final classification as described in
§ 1610.4.
(b) Test result codes. The following
are the definitions for the test result
codes, which shall be used for recording
flammability results for each specimen
that is burned.
(1) For Plain Surface Textile Fabrics:
DNI Did not ignite
IBE Ignited, but extinguished
*IBE Ignited, but extinguished, the asterisk
(*) denotes a burn that goes under the
stop thread without breaking the stop
thread.
_._ sec. Actual burn time measured and
recorded by the timing device in 0.0
seconds.
(2) For Raised Surface Textile Fabrics:
SF uc Surface flash, under the stop thread,
but does not break the stop thread.
SF pw Surface flash, part way. No time
shown because the surface flash did not
reach the stop thread.
SF poi Surface flash, at the point of
impingement only (equivalent to ‘‘did
not ignite’’ for plain surfaces).
_._ sec. Actual burn time measured by the
timing device in 0.0 seconds.
_._ SF only Time in seconds, surface flash
only. No damage to the base fabric.
_._ SFBB Time in seconds, surface flash
base burn. Base starts burning at points
other than the point of impingement.
_._ SFBB poi Time in seconds, surface flash
base burn starting at the point of
impingement.
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_._ SFBB poi* Time in seconds, surface
flash base burn possibly starting at the
point of impingement. The asterisk is
accompanied by the following statement:
‘‘Unable to make absolute determination
as to source of base burns.’’ This
statement is added to the result of any
specimen if there is a question as to
origin of the base burn.
Subpart B—Rules and Regulations
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§ 1610.31
In addition to the definitions
provided in section 2 of the Flammable
Fabrics Act as amended (15 U.S.C.
1191), and in § 1610.2 of the Standard,
the following definitions apply for this
subpart.
(a) Act means the ‘‘Flammable Fabrics
Act’’ (approved June 30, 1953, Pub. Law
88, 83d Congress, 1st sess., 15 U.S.C.
1191; 67 Stat. 111) as amended, 68 Stat.
770, August 23, 1954.
(b) Rule, rules, regulations, and rules
and regulations, mean the rules and
regulations prescribed by the
Commission pursuant to section 5(c) of
the act.
(c) United States means, the several
States, the District of Columbia, the
Commonwealth of Puerto Rico and the
Territories, and Possessions of the
United States.
(d) Marketing or handling means the
transactions referred to in section 3 of
the Flammable Fabrics Act, as amended
in 1967.
(e) Test means the application of the
relevant test method prescribed in the
procedures provided under section 4(a)
of the Act (16 CFR part 1609).
(f) Finish type means a particular
finish, but does not include such
variables as changes in color, pattern,
print, or design, or minor variations in
the amount or type of ingredients in the
finish formulation. Examples of finish
types would be starch finishes, resin
finishes or parchmentized finishes.
(g) Uncovered or exposed part means
that part of an article of wearing apparel
that might during normal wear be open
to flame or other means of ignition. The
outer surface of an undergarment is
considered to be an uncovered or
exposed part of an article of wearing
apparel, and thus subject to the Act.
Other examples of exposed parts of an
article of wearing apparel subject to the
Act include, but are not limited to:
(1) Linings, with exposed areas, such
as full front zippered jackets;
(2) Sweatshirts with exposed raised
fiber surface inside and capable of being
worn napped side out;
(3) Unlined hoods;
(4) Rolled cuffs.
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General requirements.
No article of wearing apparel or fabric
subject to the Act and regulations shall
be marketed or handled if such article
or fabric, when tested according to the
procedures prescribed in section 4(a) of
the Act (16 CFR part 1609), is so highly
flammable as to be dangerous when
worn by individuals.
§ 1610.33 Test procedures for textile
fabrics and film.
Definitions.
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§ 1610.32
(a)(1) All textile fabrics (except those
with a nitro-cellulose fiber, finish or
coating) intended or sold for use in
wearing apparel, and all such fabrics
contained in articles of wearing apparel,
shall be subject to the requirements of
the Act, and shall be deemed to be so
highly flammable as to be dangerous
when worn by individuals if such
fabrics or any uncovered or exposed
part of such articles of wearing apparel
exhibits rapid and intense burning
when tested under the conditions and in
the manner prescribed in subpart A of
this part 1610.
(2) Notwithstanding the provisions of
paragraph (a)(1) of this section, coated
fabrics, except those with a nitrocellulose coating, may be tested under
the procedures outlined in part 1611,
Standard for the Flammability of Vinyl
Plastic Film, and if such coated fabrics
do not exhibit a rate of burning in
excess of that specified in § 1611.3 they
shall not be deemed to be so highly
flammable as to be dangerous when
worn by individuals.
(b) All film, and textile fabrics with a
nitro-cellulose fiber, finish or coating
intended or sold for use in wearing
apparel, and all film and such textile
fabrics referred to in this rule which are
contained in articles of wearing apparel,
shall be subject to the requirements of
the Act, and shall be deemed to be so
highly flammable as to be dangerous
when worn by individuals if such film
or such textile fabrics or any uncovered
or exposed part of such articles of
wearing apparel exhibit a rate of
burning in excess of that specified in
part 1611, Standard for the
Flammability of Vinyl Plastic Film.
§ 1610.34 Only uncovered or exposed
parts of wearing apparel to be tested.
(a) In determining whether an article
of wearing apparel is so highly
flammable as to be dangerous when
worn by individuals, only the
uncovered or exposed part of such
article of wearing apparel shall be tested
according to the applicable procedures
set forth in § 1610.6.
(b) If the outer layer of plastic film or
plastic-coated fabric of a multilayer
fabric separates readily from the other
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layers, the outer layer shall be tested
under part 1611—Standard for the
Flammability of Vinyl Plastic Film. If
the outer layer adheres to all or a
portion of one or more layers of the
underlaying fabric, the multi-layered
fabric may be tested under either part
1610—Standard for the Flammability of
Clothing Textiles or part 1611. However,
if the conditioning procedures required
by § 1610.6(a)(2)(iv) and
§ 1610.6(a)(3)(v) would damage or alter
the physical characteristics of the film
or coating, the uncovered or exposed
layer shall be tested in accordance with
part 1611.
(c) Plastic film or plastic-coated fabric
used, or intended for use as the outer
layer of disposable diapers is exempt
from the requirements of the Standard,
provided that a sample taken from a full
thickness of the assembled article passes
the test in the Standard (part 1610 or
part 1611) otherwise applicable to the
outer fabric or film when the flame is
applied to the exposed or uncovered
surface. See § 1610.36(f) and
§ 1611.36(f).
§ 1610.35 Procedures for testing special
types of textile fabrics under the standard.
(a) Fabric not customarily washed or
dry cleaned. (1) Except as provided in
paragraph (a)(2) of this section, any
textile fabric or article of wearing
apparel which, in its normal and
customary use as wearing apparel
would not be dry cleaned or washed,
need not be dry cleaned or washed as
prescribed in § 1610.6(b) when tested
under the Standard if such fabric or
article of wearing apparel, when
marketed or handled, is marked in a
clear and legible manner with the
statement: ‘‘Fabric may be dangerously
flammable if dry cleaned or washed.’’
An example of the type of fabric referred
to in this paragraph is bridal illusion.
(2) Section 1610.3, which requires
that all textiles shall be refurbished
before testing, shall not apply to
disposable fabrics and garments.
Additionally, such disposable fabrics
and garments shall not be subject to the
labeling requirements set forth in
paragraph (a)(1) of this section.
(b) A coated fabric need not, upon test
under the procedures outlined in
subpart A of part 1610, be dry cleaned
as set forth in § 1610.6(b)(1)(i).
(c) In determining whether a textile
fabric having a raised-fiber surface,
which surface is to be used in the
covered or unexposed parts of articles of
wearing apparel, is so highly flammable
as to be dangerous when worn by
individuals, only the opposite surface or
surface intended to be exposed need be
tested under the applicable procedures
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set forth in § 1610.6, providing an
invoice or other paper covering the
marketing or handling of such fabric is
given which clearly designates that the
raised-fiber surface is to be used only in
the covered or unexposed parts of
articles of wearing apparel.
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§ 1610.36 Application of Act to particular
types of products.
(a) Interlinings. Fabrics intended or
sold for processing into interlinings or
other covered or unexposed parts of
articles of wearing apparel shall not be
subject to the provisions of section 3 of
the Act: Provided, that an invoice or
other paper covering the marketing or
handling of such fabrics is given which
specifically designates their intended
end use: And provided further, that with
respect to fabrics which under the
provisions of section 4 of the Act, as
amended, are so highly flammable as to
be dangerous when worn by
individuals, any person marketing or
handling such fabrics maintains records
which show the acquisition, disposition
and intended end use of such fabrics,
and any person manufacturing articles
of wearing apparel containing such
fabrics maintains records which show
the acquisition, and use and disposition
of such fabrics. Any person who fails to
maintain such records or to furnish such
invoice or other paper shall be deemed
to have engaged in the marketing or
handling of such products for purposes
subject to the requirements of the Act
and such person and the products shall
be subject to the provisions of sections
3, 6, 7, and 9 of the Act.
(b) Hats, gloves, and footwear. Fabrics
intended or sold for use in those hats,
gloves, and footwear which are
excluded under the definition of articles
of wearing apparel in section 2(d) of the
Act shall not be subject to the
provisions of section 3 of the Act:
Provided, that an invoice or other paper
covering the marketing or handling of
such fabrics is given which specifically
designates their intended use in such
products: And provided further, that
with respect to fabrics which under the
provisions of section 4 of the Act, as
amended, are so highly flammable as to
be dangerous when worn by
individuals, any person marketing or
handling such fabrics maintains records
which show the acquisition,
disposition, and intended end use of
such fabrics, and any person
manufacturing hats, gloves, or footwear
containing such fabrics maintains
records which show the acquisition, end
use and disposition of such fabrics. Any
person who fails to maintain such
records or to furnish such invoice or
other paper shall be deemed to have
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engaged in the marketing or handling of
such products for purposes subject to
the requirements of the Act and such
person and the products shall be subject
to the provisions of sections 3, 6, 7, and
9 of the Act.
(c) Veils and hats. (1) Ornamental
millinery veils or veilings when used as
a part of, in conjunction with, or as a
hat, are not to be considered such a
‘‘covering for the neck, face, or
shoulders’’ as would, under the first
proviso of section 2(d) of the Act, cause
the hat to be included within the
definition of the term ‘‘article of wearing
apparel’’ where such ornamental
millinery veils or veilings do not extend
more than nine (9) inches from the tip
of the crown of the hat to which they
are attached and do not extend more
than two (2) inches beyond the edge of
the brim of the hat.
(2) Where hats are composed entirely
of ornamental millinery veils or veilings
such hats will not be considered as
subject to the Act if the veils or veilings
from which they are manufactured were
not more than nine (9) inches in width
and do not extend more than nine (9)
inches from the tip of the crown of the
completed hat.
(d) Handkerchiefs. (1) Except as
provided in paragraph (d)(2) of this
section, handkerchiefs not exceeding a
finished size of twenty-four (24) inches
on any side or not exceeding five
hundred seventy-six (576) square inches
in area are not deemed ‘‘articles of
wearing apparel’’ as that term is used in
the Act.
(2) Handkerchiefs or other articles
affixed to, incorporated in, or sold as a
part of articles of wearing apparel as
decoration, trimming, or for any other
purpose, are considered an integral part
of such articles of wearing apparel, and
the articles of wearing apparel and all
parts thereof are subject to the
provisions of the Act. Handkerchiefs or
other articles intended or sold to be
affixed to, incorporated in or sold as a
part of articles of wearing apparel as
aforesaid constitute ‘‘fabric’’ as that term
is defined in section 2(e) of the Act and
are subject to the provisions of the Act,
such handkerchiefs or other articles
constitute textile fabrics as the term
‘‘textile fabric’’ is defined in § 1610.2(r).
(3) If, because of construction, design,
color, type of fabric, or any other factor,
a piece of cloth of a finished type or any
other product of a finished type appears
to be likely to be used as a covering for
the head, neck, face, shoulders, or any
part thereof, or otherwise appears likely
to be used as an article of clothing,
garment, such product is not a
handkerchief and constitutes an article
of wearing apparel as defined in and
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subject to the provisions of the Act,
irrespective of its size, or its description
or designation as a handkerchief or any
other term.
(e) Raised-fiber surface wearing
apparel. Where an article of wearing
apparel has a raised-fiber surface which
is intended for use as a covered or
unexposed part of the article of wearing
apparel but the article of wearing
apparel is, because of its design and
construction, capable of being worn
with the raised-fiber surface exposed,
such raised-fiber surface shall be
considered to be an uncovered or
exposed part of the article of wearing
apparel. Examples of the type of
products referred to in this paragraph
are athletic shirts or so-called ‘‘sweat
shirts’’ with a raised-fiber inner side.
(f) Multilayer fabric and wearing
apparel with a film or coating on the
uncovered or exposed surface. Plastic
film or plastic-coated fabric used, or
intended for use, as the outer layer of
disposable diapers is exempt from the
requirements of the standard, provided
that a full thickness of the assembled
article passes the test in the standard
otherwise applicable to the outer fabric
or film when the flame is applied to the
exposed or uncovered surface.
§ 1610.37 Reasonable and representative
tests to support guaranties.
(a) Purpose. The purpose of this
§ 1610.37 is to establish requirements
for reasonable and representative tests
to support initial guaranties of products,
fabrics, and related materials which are
subject to the Standard for the
Flammability of Clothing Textiles (the
Standard, 16 CFR part 1610).
(b) Statutory provisions. (1) Section
8(a) of the Act (15 U.S.C. 1197(a))
provides that no person shall be subject
to criminal prosecution under section 7
of the Act (15 U.S.C. 1196) for a
violation of section 3 of the Act (15
U.S.C. 1192) if such person establishes
a guaranty received in good faith to the
effect that the product, fabric, or related
material complies with the applicable
flammability standard. A guaranty does
not provide the holder any defense to an
administrative action for an order to
cease and desist from violation of the
applicable standard, the Act, and the
Federal Trade Commission Act (15
U.S.C. 45), nor to any civil action for
injunction or seizure brought under
section 6 of the Act (15 U.S.C. 1195).
(2) Section 8 of the Act provides for
two types of guaranties:
(i) An initial guaranty based on
‘‘reasonable and representative tests’’
made in accordance with the applicable
standard issued under the Act; and
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(ii) A guaranty based on a previous
guaranty, received in good faith, to the
effect that reasonable and representative
tests show conformance with the
applicable standard.
(c) Requirements. (1) Each person or
firm issuing an initial guaranty of a
product, fabric, or related material
subject to the Standard shall devise and
implement a program of reasonable and
representative tests to support such a
guaranty.
(2) The term program of reasonable
and representative tests as used in this
§ 1610.37 means at least one test with
results demonstrating conformance with
the Standard for the product, fabric or
related material which is the subject of
an initial guaranty. The program of
reasonable and representative tests
required by this § 1610.37 may include
tests performed before the effective date
of this section, and may include tests
performed by persons or firms outside
of the territories of the United States or
other than the one issuing the initial
guaranty. The number of tests and the
frequency of testing shall be left to the
discretion of the person or firm issuing
the initial guaranty.
(3) In the case of an initial guaranty
of a fabric or related material, a program
of reasonable and representative tests
may consist of one or more tests of the
particular fabric or related material
which is the subject of the guaranty, or
of a fabric or related material of the
same ‘‘class’’ of fabrics or related
materials as the one which is the subject
of the guaranty. For purposes of this
§ 1610.37, the term class means a
category of fabrics or related materials
having general constructional or
finished characteristics, sometimes in
association with a particular fiber, and
covered by a class or type description
generally recognized in the trade.
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§ 1610.38 Maintenance of records by those
furnishing guaranties.
(a) Any person or firm issuing an
initial guaranty of a product, fabric, or
related material which is subject to the
Standard for the Flammability of
Clothing Textiles (the Standard, 16 CFR
part 1610) shall keep and maintain a
record of the test or tests relied upon to
support that guaranty. The records to be
maintained shall show:
(1) The style or range number, fiber
composition, construction and finish
type of each textile fabric or related
material covered by an initial guaranty;
or the identification, fiber composition,
construction and finish type of each
textile fabric (including those with a
nitrocellulose fiber, finish or coating),
and of each related material, used or
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contained in a product of wearing
apparel covered by an initial guaranty.
(2) The results of the actual test or
tests made of the textile fabric or related
material covered by an initial guaranty;
or of any fabric or related material used
in the product of wearing apparel
covered by an initial guaranty.
(3) When the person or firm issuing
an initial guaranty has conducted the
test or tests relied upon to support that
guaranty, that person or firm shall also
include with the information required
by paragraphs (a)(1) and (2) of this
section, a sample of each fabric or
related material which has been tested.
(b) Persons furnishing guaranties
based upon class tests shall maintain
records showing:
(1) Identification of the class test.
(2) Fiber composition, construction
and finish type of the fabrics, or the
fabrics used or contained in articles of
wearing apparel so guaranteed.
(3) A swatch of each class of fabrics
guaranteed.
(c) Persons furnishing guaranties
based upon guaranties received by them
shall maintain records showing the
guaranty received and identification of
the fabrics or fabrics contained in
articles of wearing apparel guaranteed
in turn by them.
(d) The records referred to in this
section shall be preserved for a period
of 3 years from the date the tests were
performed, or in the case of paragraph
(c) of this section from the date the
guaranties were furnished.
(e) Any person furnishing a guaranty
under section 8(a) of the Act who
neglects or refuses to maintain and
preserve the records prescribed in this
section shall be deemed to have
furnished a false guaranty under the
provisions of section 8(b) of the Act.
§ 1610.39 Shipments under section 11(c)
of the Act.
(a) The invoice or other paper relating
to the shipment or delivery for shipment
in commerce of articles of wearing
apparel or textile fabrics for the purpose
of finishing or processing to render
them not so highly flammable as to be
dangerous when worn by individuals,
shall contain a statement disclosing
such purpose.
(b) An article of wearing apparel or
textile fabric shall not be deemed to fall
within the provisions of section 11(c) of
the Act as being shipped or delivered
for shipment in commerce for the
purpose of finishing or processing to
render such article of wearing apparel or
textile fabric not so highly flammable
under section 4 of the Act, as to be
dangerous when worn by individuals,
unless the shipment or delivery for
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shipment in commerce of such article of
wearing apparel or textile fabric is made
directly to the person engaged in the
business of processing or finishing
textile products for the prearranged
purpose of having such article of
apparel or textile fabric processed or
finished to render it not so highly
flammable under section 4 of the Act, as
to be dangerous when worn by
individuals, and any person shipping or
delivering for shipment the article of
wearing apparel or fabric in commerce
for such purpose maintains records
which establish that the textile fabric or
article of wearing apparel has been
shipped for appropriate flammability
treatment, and that such treatment has
been completed, as well as records to
show the disposition of such textile
fabric or article of wearing apparel
subsequent to the completion of such
treatment.
(c) The importation of textile fabrics
or articles of wearing apparel may be
considered as incidental to a transaction
involving shipment or delivery for
shipment for the purpose of rendering
such textile fabrics or articles of wearing
apparel not so highly flammable under
the provisions of section 4 of the Act,
as to be dangerous when worn by
individuals, if:
(1) The importer maintains records
which establish that: (i) the imported
textile fabrics or articles of wearing
apparel have been shipped for
appropriate flammability treatment, and
(ii) Such treatment has been
completed, as well as records to show
the disposition of such textile fabrics or
articles of wearing apparel subsequent
to the completion of such treatment.
(2) The importer, at the time of
importation, executes and furnishes to
the U.S. Customs and Border Protection
an affidavit stating: These fabrics (or
articles of wearing apparel) are
dangerously flammable under the
provisions of section 4 of the Act, and
will not be sold or used in their present
condition but will be processed or
finished by the undersigned or by a duly
authorized agent so as to render them
not so highly flammable under the
provisions of section 4 of the Flammable
Fabrics Act, as to be dangerously
flammable when worn by individuals.
The importer agrees to maintain the
records required by 16 CFR
1610.39(c)(1).
(3) The importer, if requested to do so
by the U.S. Customs and Border
Protection, furnishes an adequate
specific-performance bond conditioned
upon the complete discharge of the
obligations assumed in paragraphs (c)
(1) and (2) of this section.
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(d) The purpose of section 11(c) of the
Act is only to permit articles of wearing
apparel or textile fabrics which are
dangerously flammable to be shipped or
delivered for shipment in commerce for
the purpose of treatment or processing
to render them not dangerously
flammable. Section 11(c) does not in
any other respect limit the force and
effect of sections 3, 6, 7, and 9 of the
Act. In particular, section 11(c) does not
authorize the sale or offering for sale of
any article of wearing apparel or textile
fabric which is in fact dangerously
flammable at the time of sale or offering
for sale, even though the seller intends
to ship the article for treatment prior to
delivery to the purchaser or has already
done so. Moreover, under section 3 of
the Act a person is liable for a
subsequent sale or offering for sale if,
despite the purported completion of
treatment to render it not dangerously
flammable, the article in fact remains
dangerously flammable.
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§ 1610.40 Use of alternate apparatus,
procedures, or criteria for tests for guaranty
purposes.
(a) Section 8(a) of the Act provides
that no person shall be subject to
criminal prosecution under section 7 of
the Act (15 U.S.C. 1196) for a violation
of section 3 of the Act (15 U.S.C. 1192)
if that person establishes a guaranty
received in good faith which meets all
requirements set forth in section 8 of the
Act. One of those requirements is that
the guaranty must be based upon
‘‘reasonable and representative tests’’ in
accordance with the applicable
standard.
(b) Subpart A of this part 1610
prescribes apparatus and procedures for
testing fabrics and garments subject to
its provisions. See §§ 1610.5 & 1610.6.
Subpart A prescribes criteria for
classifying the flammability of fabrics
and garments subject to its provisions as
‘‘Normal flammability, Class 1,’’
‘‘Intermediate flammability, Class 2,’’
and ‘‘Rapid and Intense Burning, Class
3.’’ See § 1610.4. Sections 3 and 4 of the
Act prohibit the manufacture for sale,
importation into the United States, or
introduction in commerce of any fabric
or article of wearing apparel subject to
the Standard which exhibits ‘‘rapid and
intense burning’’ when tested in
accordance with the Standard. See 16
CFR part 1609.
(c) The Commission recognizes that
for purposes of supporting guaranties,
‘‘reasonable and representative tests’’
could be either the test in Subpart A of
this part, or alternate tests which utilize
apparatus or procedures other than
those in Subpart A of this part. This
§ 1610.40 sets forth conditions under
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which the Commission will allow use of
alternate tests with apparatus or
procedures other than those in Subpart
A of this part to serve as the basis for
guaranties.
(d)(1) Persons and firms issuing
guaranties that fabrics or garments
subject to the Standard meet its
requirements may base those guaranties
on any alternate test utilizing apparatus
or procedures other than those in
Subpart A of this part, if such alternate
test is as stringent as, or more stringent
than, the test in Subpart A of this part.
The Commission considers an alternate
test to be ‘‘as stringent as, or more
stringent than’’ the test in Subpart A of
this part if, when testing identical
specimens, the alternate test yields
failing results as often as, or more often
than, the test in Subpart A of this part.
Any person using such an alternate test
must have data or information to
demonstrate that the alternate test is as
stringent as, or more stringent than, the
test in Subpart A of this part.
(2) The data or information required
by this paragraph (d) of this section to
demonstrate equivalent or greater
stringency of any alternate test using
apparatus or procedures other than
those in Subpart A of this part must be
in the possession of the person or firm
desiring to use such alternate test before
the alternate test may be used to support
guaranties of items subject to the
Standard.
(3) The data or information required
by paragraph (d) of this section to
demonstrate equivalent or greater
stringency of any alternate test using
apparatus or procedures other than
those in Subpart A of this part must be
retained for as long as that alternate test
is used to support guaranties of items
subject to the Standard, and for one year
thereafter.
(e) Specific approval from the
Commission in advance of the use of
any alternate test using apparatus or
procedures other than those in Subpart
A is not required. The Commission will
not approve or disapprove any specific
alternate test utilizing apparatus or
procedures other than those in Subpart
A of this part.
(f) Use of any alternate test to support
guaranties of items subject to the
Standard without the information
required by this section may result in
violation of section 8(b)), of the Act (15
U.S.C. 1197(b)), which prohibits the
furnishing of a false guaranty.
(g) The Commission will test fabrics
and garments subject to the Standard for
compliance with the Standard using the
apparatus and procedures set forth in
Subpart A of this part. The Commission
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will consider any failing results from
compliance testing as evidence that:
(1) The manufacture for sale,
importation into the United States, or
introduction in commerce of the fabric
or garment which yielded failing results
was in violation of the Standard and of
section 3 of the Act; and
(2) The person or firm using the
alternate test as the basis for a guaranty
has furnished a false guaranty, in
violation of section 8(b) of the Act.
(Reporting requirements contained in
paragraph (d) were approved by Office
of Management and Budget under
control number 3041–0024.)
Subpart C—Interpretations and
Policies
§ 1610.61 Reasonable and representative
testing to assure compliance with the
standard for the clothing textiles.
(a) Background. (1) The CPSC
administers the Flammable Fabrics Act
(‘‘the Act’’), 15 U.S.C. 1191–1204. Under
the Act, among other things, the
Commission enforces the Flammability
Standard for Clothing Textiles (‘‘the
Standard’’), 16 CFR part 1610. That
Standard establishes requirements for
the flammability of clothing and textiles
intended to be used for clothing
(hereinafter ‘‘textiles’’).
(2) The Standard applies both to
fabrics and finished garments. The
Standard provides methods of testing
the flammability of textiles, and sets
forth the requirements that textiles must
meet to be classified into one of three
classes of flammability (classes 1, 2 and
3). § 1610.4. Class 1 textiles, those that
exhibit normal flammability, are
acceptable for use in clothing.
§ 1610.4(a)(1) & (2). Class 2 textiles,
applicable only to raised fiber surfaces,
are considered to be of intermediate
flammability, but may be used in
clothing. § 1610.4(b)(1) & (2). Finally,
Class 3 textiles, those that exhibit rapid
and intense burning, are dangerously
flammable and may not be used in
clothing. § 1610.4(c)(1) & (2). The
manufacture for sale, offering for sale,
importation into the U.S., and
introduction or delivery for introduction
of Class 3 articles of wearing apparel are
among the acts prohibited by section
3(a) of the Act, 15 U.S.C. 1192(a).
(3) CPSC currently uses retail
surveillance, attends appropriate trade
shows, follows up on reports of
noncompliance and previous violations,
and works with U.S. Customs and
Border Protection in an effort to find
textiles that violate CPSC’s standards.
The Commission has a number of
enforcement options to address
prohibited acts. These include bringing
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seizure actions in federal district court
against violative textiles, seeking an
order through an administrative
proceeding that a firm cease and desist
from selling violative garments,
pursuing criminal penalties, or seeking
the imposition of civil penalties for
‘‘knowing’’ violations of the Act. Of
particular relevance to the latter two
remedies is whether reasonable and
representative tests were performed
demonstrating that a textile or garment
meets the flammability standards for
general wearing apparel. Persons who
willfully violate flammability standards
are subject to criminal penalties.
(4) Section 8(a) of the Act, 15 U.S.C.
1197(a), exempts a firm from the
imposition of criminal penalties if the
firm establishes that a guaranty was
received in good faith signed by and
containing the name and address of the
person who manufactured the
guarantied wearing apparel or textiles or
from whom the apparel or textiles were
received. A guaranty issued by a person
who is not a resident of the United
States may not be relied upon as a bar
to prosecution. 16 CFR 1608.4. The
guaranty must be based on the
exempted types of fabrics or on
reasonable and representative tests
showing that the fabric covered by the
guaranty or used in the wearing apparel
covered by the guaranty is not so highly
flammable as to be dangerous when
worn by individuals, i.e., is not a Class
3 material. (The person proffering a
guaranty to the Commission must also
not, by further processing, have affected
the flammability of the fabric, related
material or product covered by the
guaranty that was received.) Under
§ 1610.37, a person, to issue a guaranty,
should first evaluate the type of fabric
to determine if it meets testing
exemptions in accordance with
§ 1610.1(d). (Some textiles never exhibit
unusual burning characteristics and
need not be tested.) § 1610.1(d). Such
textiles include plain surface fabrics,
regardless of fiber content, weighing 2.6
oz. or more per sq. yd., and plain and
raised surface fabrics made of acrylic,
modacrylic, nylon, olefin, polyester,
wool, or any combination of these
fibers, regardless of weight.) If no
exemptions apply, the person issuing
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the guaranty must devise and
implement a program of reasonable and
representative tests to support the
guaranty. The number of tests and
frequency of testing is left to the
discretion of that person, but at least
one test is required.
(5) In determining whether a firm has
committed a ‘‘knowing’’ violation of a
flammability standard that warrants
imposition of a civil penalty, the CPSC
considers whether the firm had actual
knowledge that its products violated the
flammability requirements. The CPSC
also considers whether the firm should
be presumed to have the knowledge that
would be possessed by a reasonable
person acting in the circumstances,
including knowledge that would have
been obtainable upon the exercise of
due care to ascertain the truth of
representations. 15 U.S.C. 1194(e). The
existence of results of flammability
testing based on a reasonable and
representative program and, in the case
of tests performed by another entity
(such as a guarantor), the steps, if any,
that the firm took to verify the existence
and reliability of such tests, bear
directly on whether the firm acted
reasonably in the circumstances.
(b) Applicability. (1) When tested for
flammability, a small number of textile
products exhibit variability in the test
results; that is, even though they may
exhibit Class 1 or Class 2 burning
characteristics in one test, a third test
may result in a Class 3 failure. Violative
products that the Commission has
discovered between 1994 and 1998
include sheer 100% rayon skirts and
scarves; sheer 100% silk scarves; 100%
rayon chenille sweaters; rayon/nylon
chenille and long hair sweaters;
polyester/cotton and 100% cotton
fleece/sherpa garments, and 100%
cotton terry cloth robes. Between
August 1994 and August 1998, there
have been 21 recalls of such
dangerously flammable clothing, and six
retailers have paid civil penalties to
settle Commission staff allegations that
they knowingly sold garments that
violated the general wearing apparel
standard.
(2) The violations and resulting
recalls and civil penalties demonstrate
the critical necessity for manufacturers,
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distributors, importers, and retailers to
evaluate, prior to sale, the flammability
of garments made from the materials
described above, or to seek appropriate
guaranties that assure that the garments
comply. Because of the likelihood of
variable flammability in the small group
of textiles identified above, one test is
insufficient to assure reasonably that
these products comply with the
flammability standards. Rather, a person
seeking to evaluate garments made of
such materials should assure that the
program tests a sufficient number of
samples to provide adequate assurance
that such textile products comply with
the general wearing apparel standard.
The number of samples to be tested, and
the corresponding degree of confidence
that products tested will comply, are to
be specified by the individual designing
the test program. However, in assessing
the reasonableness of a test program, the
Commission staff will specifically
consider the degree of confidence that
the program provides.
(c) Suggestions. The following are
some suggestions to assist in complying
with the Standard:
(1) Purchase fabrics or garments that
meet testing exemptions listed in
§ 1610.1(d). (If buyers or other personnel
do not have skills to determine if the
fabric is exempted, hire a textile
consultant or a test lab for an
evaluation.)
(2) For fabrics that are not exempt,
conduct reasonable and representative
testing before cutting and sewing, using
standard operating characteristic curves
for acceptance sampling to determine a
sufficient number of tests.
(3) Purchase fabrics or garments that
have been guarantied and/or tested by
the supplier using a reasonable and
representative test program that uses
standard operating characteristic curves
for acceptance sampling to determine a
sufficient number of tests. Firms should
also receive and maintain a copy of the
guaranty.
(4) Periodically verify that your
suppliers are actually conducting
appropriate testing.
BILLING CODE 6355–01–P
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Flammability Apparatus
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Figure 2 to Part 1610—Flammability
Apparatus Views
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Figure 3 to Part 1610—Specimen
Holder Supported in Specimen Rack
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BILLING CODE 6355–01–C
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Dated: February 13, 2007.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
Note: The following appendix will not
appear in the Code of Federal Regulations.
Appendix—List of Relevant Documents
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(The following documents are available
from the Commission’s Office of the
Secretary, Consumer Product Safety
Commission, Room 502, 4330 East West
Highway, Bethesda, Maryland 20814–4408;
telephone (301) 504–7923 or from the
Commission’s Web site (https://
www.cpsc.gov/library/foia/foia.html)).
1. Briefing memorandum from Jacqueline
Elder, Assistant Executive Director, EXHR
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and Patricia K. Adair, Project Manager,
Directorate for Engineering Sciences, to the
Commission, ‘‘Draft Notice of Proposed
Rulemaking to Amend the Standard for the
Flammability of Clothing Textiles, 16 CFR
part 1610,’’ January 10, 2007.
2. Memorandum from David Miller, EPHA,
Directorate for Epidemiology, to Patricia K.
Adair, Project Manager, ‘‘General Wearing
Apparel Fires,’’ November 7, 2006.
3. Memorandum from Terrance R. Karels,
Directorate for Economic Analysis, to Patricia
K. Adair, Project Manager, ‘‘Amendment to
the Clothing Textiles Standard,’’ November
21, 2006.
4. Memorandum from Gail Stafford and
Weiying Tao, Directorate for Laboratory
Sciences, to Patricia K. Adair, Project
Manager, ‘‘Response to Comments Received
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as a Result of the Advance Notice of
Proposed Rulemaking (ANPR) for Updating
the Standard for the Flammability of Clothing
Textiles,’’ November 21, 2006.
5. Memorandum from Marilyn Borsari,
Office of Compliance and Field Operations,
to Patricia K. Adair, Project Manager, ‘‘ANPR
to Amend the Standard for the Flammability
of Clothing Textiles, 16 CFR part 1610,
November 22, 2006.
6. Memorandum from Patricia K. Adair,
ESFS to the File, July 28, 2006.
7. Memorandum from Cassandra Prioleau,
Ph.D., Directorate for Health Sciences, to
Patricia K. Adair, Project Manager, ‘‘Toxicity
Review of Perchloroethylene,’’ July 6, 2006.
[FR Doc. 07–779 Filed 2–26–07; 8:45 am]
BILLING CODE 6355–01–P
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Agencies
[Federal Register Volume 72, Number 38 (Tuesday, February 27, 2007)]
[Proposed Rules]
[Pages 8844-8868]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-779]
[[Page 8843]]
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Part II
Consumer Product Safety Commission
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16 CFR Part 1610
Standard for the Flammability of Clothing Textiles; Proposed Rule
Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 /
Proposed Rules
[[Page 8844]]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1610
Standard for the Flammability of Clothing Textiles; Notice of
Proposed Rulemaking
AGENCY: Consumer Product Safety Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Commission is proposing to amend its flammability standard
of general wearing apparel, the Standard for the Flammability of
Clothing Textiles, 16 CFR part 1610. The Standard, originally issued in
1953, has become outdated in several respects. The Commission is
proposing changes to better reflect current consumer practices and
technologies and to clarify several aspects of the Standard.
DATES: Written comments must be received by May 14, 2007. Requests to
make an oral presentation must be received by April 13, 2007.
ADDRESSES: Written comments should be filed by e-mail to cpsc-
os@cpsc.gov. Comments also may be filed by telefacsimile to (301) 504-
0127, or they may be mailed or delivered, preferably in five copies, to
the Office of the Secretary, Consumer Product Safety Commission, Room
502, 4330 East West Highway, Bethesda, Maryland 20814-4408; telephone
(301) 504-7923. Comments should be captioned ``Clothing NPR.''
The public may also request an opportunity to present comments
orally. Such requests should be submitted to the Office of the
Secretary by e-mail, mail, fax or in person at the addresses or phone
numbers listed above.
FOR FURTHER INFORMATION CONTACT: Patricia K. Adair, Directorate for
Engineering Sciences, Consumer Product Safety Commission, 4330 East
West Highway, Bethesda, Maryland 20814-4408; telephone (301) 504-7536.
SUPPLEMENTARY INFORMATION:
A. Background
1. History of the Standard
It excludes footwear, interlining fabrics, and some hats and
gloves. The standard provides a test to determine whether such clothing
and fabrics exhibit ``rapid and intense burning,'' and are therefore
highly flammable.
In 1953, Congress enacted the Flammable Fabrics Act of 1953
(``FFA''), (Pub. L. 83-88, 67 Stat. 111). As enacted in 1953 and
amended in 1954, the FFA prohibited the importation, manufacture for
sale, or the sale in commerce of any article of wearing apparel, which
is ``so highly flammable as to be dangerous when worn by individuals.''
The FFA of 1953 specified that a test, first published by the
Department of Commerce as a voluntary commercial standard, then called
``Flammability of Clothing Textiles, Commercial Standard (``CS'') 191-
53,'' shall be used to determine if fabric or clothing is ``so highly
flammable as to be dangerous when worn by individuals.''
In 1967, Congress amended the FFA, expanding its coverage and
authorizing the Secretary of Commerce to issue flammability standards
through rulemaking. A savings clause kept the flammability standard for
clothing textiles that the 1953 Act had mandated in effect until
superseded or modified by the Secretary of Commerce through the
procedures specified in the 1967 amendment. See section 11 of Pub. L.
90-189, 81 Stat. 568, December 14, 1967.
In 1972, Congress established the Consumer Product Safety
Commission when it enacted the Consumer Product Safety Act (``CPSA''),
15 U.S.C. 2051 et seq. The CPSA transferred to the Commission the
authority the Secretary of Commerce had to issue and amend flammability
standards under the FFA. 15 U.S.C. 2079(b). In 1975, the Commission
published the FFA of 1953 at 16 CFR 1609 and codified the Standard for
the Flammability of Clothing Textiles at 16 CFR part 1610.
2. The Current Standard
Most fabrics are combustible. Some combustible fabrics, when used
for clothing are potentially dangerous to the wearer because of the
speed and intensity of flame with which those fabrics burn and their
ease of ignition and because of the design of the garment. The Standard
sets out a method for measuring burn time, which is a function of ease
of ignition and flame spread rate.
The Commission is not proposing to change the essential aspects of
the Standard, but rather to update and clarify it. The Standard
describes a test apparatus and the procedures for testing clothing and
textiles intended to be used for clothing. It establishes three classes
of flammability. The classes are based on measurement of burn time,
along with visual observations of flame intensity. The classes are:
Class 1 or normal flammability; Class 2 or intermediate flammability;
and Class 3 or rapid and intense burning. Clothing and textiles that
are categorized as Class 3 under the prescribed test method are
considered dangerously flammable. 16 CFR 1610.3.
To determine the appropriate classification, the Standard
prescribes the method of testing. Five specimens are subjected to a
flammability tester. This is a draft-proof ventilated chamber
containing an ignition medium, a sample rack and an automatic timing
device. Id. 1610.4(b). The ignition medium is a motor driven gas jet
around a 26-gage hypodermic needle. Id. 1610.4(b)(6). A swatch of each
sample must be subjected to the dry cleaning and hand washing procedure
prescribed by the Standard. Id. 1610.4(d)&(e). To determine results,
the average time of flame spread is taken for five specimens. However,
if the time of flame spread is less than 4 seconds (3\1/2\ seconds for
plain-surfaced fabrics), five additional specimens must be tested and
the average time of flame spread for these ten specimens, or for as
many of them as burn, must be taken. Id. 1610.4(g)(7). Classification
is based on the reported results before and after drycleaning and
washing, whichever is lower. Id. 1610.4(g)(8).
3. The Products
The products regulated under the Standard are clothing and fabrics
intended to be used for clothing. The Standard applies to all items of
clothing, and fabrics used for such clothing, whether for adults or
children, for daywear or nightwear. The Commission has other
regulations governing the flammability of children's sleepwear, 16 CFR
parts 1615 and 1616, that are more stringent than the general wearing
apparel flammability standard. The proposed changes discussed in this
notice would not affect the children's sleepwear standards.
4. The Risk of Injury
Fatalities where clothing was the first item ignited have declined
from 311 fatalities in 1980 to 110 fatalities in 2003, the most recent
year of available data. An average of 122 clothing fire-related
fatalities occurred annually during 1999-2003. Population fatality
rates increased with age. In addition, an estimated 3,822 non-fatal
injuries were treated in hospital emergency departments annually (2000-
2004). Among these non-fatal injuries, 25 percent were serious enough
to require admission to a hospital (compared to 5% for all consumer
products). The changes the Commission is proposing will better reflect
current practices and technologies and clarify some aspects of the
Standard. These changes should improve the Standard's ability to
address the risk of injury.
[[Page 8845]]
B. Statutory Provisions
The FFA sets forth the process by which the Commission can issue or
amend a flammability standard. The Commission first must issue an
advance notice of proposed rulemaking (``ANPR'') which it did on
September 12, 2002, 67 FR 57770.
The Commission is now issuing a notice of proposed rulemaking
(``NPR''). As required, this notice contains the text of the proposed
rule along with alternatives the Commission has considered and a
preliminary regulatory analysis. 15 U.S.C. 1193(i). Before issuing a
final rule, the Commission must prepare a final regulatory analysis,
and it must make certain findings concerning any relevant voluntary
standard, the relationship of costs and benefits of the rule, and the
burden imposed by the regulation. Id. 1193(j). In addition, the
Commission must find that the standard (1) is needed to adequately
protect the public against the risk of the occurrence of fire leading
to death, injury or significant property damage, (2) is reasonable,
technologically practicable, and appropriate, (3) is limited to
fabrics, related materials or products which present unreasonable
risks, and (4) is stated in objective terms. 15 U.S.C. 1193(b).
The Commission also must provide an opportunity for interested
persons to make an oral presentation before the Commission may issue a
final rule. Id. 1193(d). The Commission requests that anyone who would
like to make an oral presentation concerning this rulemaking please
contact the Commission's Office of the Secretary (address is provided
in the ADDRESSES section of this notice) within 45 days of publication
of this notice. If the Commission receives requests to make oral
comments, a date will be set for a public meeting for that purpose and
notice of the meeting will be provided in the Federal Register.
C. Proposed Revision
To reflect changes in consumer garment care practices and to make
the standard easier to understand, the Commission is proposing certain
changes to the clothing flammability standard. These are discussed
below.
Definitions. Over the years people have expressed confusion over
the meaning of certain terms and a lack of defined terminology in the
Standard. In particular, the meaning of the terms ``base burn'' and
``surface flash'' have caused confusion in interpreting and reporting
test results for raised surface textile fabrics. These terms are now
defined in the proposal. In addition, several other relevant terms and
definitions have been added. These terms include burn time, dry
cleaning, flammability, flame, ignition, interlining, laundering, long
dimension, plain surface textile fabric, raised surface textile fabric,
refurbishing, sample, specimen, and stop thread supply.
Changes to the flammability tester. The test chamber prescribed in
the current Standard uses a mechanical timing mechanism and is no
longer available for purchase. Apparel manufacturers and testing
laboratories currently use more modern flammability test chambers that
incorporate electro-mechanical components to apply the ignition flame
and measure burn time. (The Standard allows alternate procedures if
they are as stringent as the specified procedure.) A variety of such
testers are available from a number of manufacturers. The proposed
revision describes the critical parameters of a modern flammability
test apparatus and provides diagrams. In 1982, CPSC staff conducted
some work comparing the flame impingement time of the electrical test
chamber to that of a chamber with the mechanical timing device and
found that the electrical test chamber readings were comparable to and
more consistent than the manual test chamber readings. The proposed
revisions expressly permit the use of electro-mechanical devices to
control and apply the flame impingement.
Refurbishing methods. The Standard requires fabrics to be
refurbished, that is, dry cleaned and laundered, one time before
testing. The purpose of this requirement is to remove any non-durable
solvent or water soluble treatment present on the fabric. It is not
intended to replicate how the garment would be used or cared for by a
consumer. Both the dry cleaning and laundering procedures prescribed by
the current Standard are outdated. The proposal revises these
procedures to better reflect modern techniques for laundering and dry
cleaning.
The method of dry cleaning that the current Standard prescribes
requires perchloroethylene in an open vessel. However,
perchloroethylene has been shown to cause cancer in animal tests, and
use in this manner violates regulations issued by the Environmental
Protection Agency. The Commission staff has not used this procedure
since 1986. (The Standard allows alternate procedures if they are as
stringent as the specified procedure.) Industry and independent
laboratories have been using an alternative dry cleaning procedure
provided in ASTM D 1230, Standard Test Method for Apparel Flammability.
This procedure uses perchlorethylene in a closed environment commercial
dry cleaning machine for one cycle. Analysis of test data from an ASTM
interlaboratory round robin indicates that this procedure is as
stringent as the procedure currently specified in 16 CFR part 1610.
However, the ASTM standard lacks specifications for solvent type,
detergent class, cleaning and extraction time, drying time and
temperature, and cool down/deoderization time. If specific and uniform
conditions are not followed, test results could vary. Therefore, the
proposed revision includes specific parameters for these conditions.
These parameters were suggested by the International Fabricare
Institute, a trade association for the professional garment care
industry.
The current Standard requires that after fabric samples are dry
cleaned they must be hand washed with neutral chip soap and line dried
before testing them for flammability. 16 CFR 1610.4(e). However,
neutral chip soap is no longer available. Most detergents are now non-
phosphate based due to environmental concerns. The proposed revision
sets forth laundering requirements based on those prescribed in
American Association of Textile Chemists and Colorists (``AATCC'') 124-
2001, Appearance of Fabrics After Repeated Home Laundering. An earlier
version of this test method was incorporated into other FFA standards
in 2000. 65 FR 12924, 12929, and 12935 (March 10, 2000).
Test procedures. Over the years, manufacturers and testing
laboratories have expressed confusion regarding the test procedures and
materials or equipment required by the Standard. Inaccurate sample
preparation and conditioning undermine the efficacy of the Standard. In
the ANPR, the Commission identified confusing sections of the test
procedure, including the instructions for selecting the surface or
direction of the fabric to be tested, and the directions for
determining when to test five additional specimens. The proposed
revision reorganizes and rewrites the test procedure in a more logical
step-by-step fashion to clarify the directions for selecting the
surface or direction of the fabric to be tested, how to determine when
testing five additional specimens is necessary, as well as how to
conduct the flammability test.
Test result interpretation and reporting. The current Standard
provides no codes to report complex test results consistently. Although
this is not an issue for plain surface textile fabrics, it is for
raised surface textile fabrics, the
[[Page 8846]]
classification of which is more complex. The proposed revision
clarifies the instructions for calculating burn times and establishing
the occurrence of a base burn (Sec. 1610.8). By defining the terms
``base burn'' and ``surface flash'' in Sec. 1610.2, the proposed
revision provides further clarification for the reporting of test
results for raised surface textile fabrics. The proposed revision also
specifies test result codes. These codes come from CPSC's laboratory
test manual and are based on codes developed by the Federal Trade
Commission many years ago. Uniform result codes will facilitate
reporting accuracy and consistency, understanding of flammability
performance, and resolution of test result differences among
laboratories.
Subpart B and Subpart C. The Commission is also proposing changes
to subparts B and C of the Standard. To reduce confusion, the proposal
moves some provisions concerning procedures for conducting the tests
that are currently in subpart B and C into subpart A. This should
provide a more cohesive and clearer standard. Subpart C is
substantially the same, but some language has been clarified to make it
more consistent with subparts A and B, and the section describing the
history of the FFA and the Standard has been removed.
D. Response to Comments on the ANPR
On September 12, 2002, the Commission published an ANPR initiating
this rulemaking. 67 FR 57770. The Commission received 18 written
comments from businesses, trade associations, and interested parties
representing various segments of the fiber, textile and apparel
industries, as well as academic institutions and fire service
organizations. Commenters generally agreed that the Standard needs to
be updated and reorganized. Specific issues raised by the comments are
discussed below.
1. Laundering and Dry Cleaning
a. Comment. One commenter suggested considering new dry cleaning
methods/solvents as an alternative to perchloroethylene.
Response. The Commission recognizes that new dry cleaning
technologies have emerged in recent years as alternatives to
perchloroethylene and that at least one region of the country is moving
to phase-out the use of perchloroethylene by 2020. At this time,
however, approximately 70% of U.S. dry cleaners still use
perchloroethylene. Perchloroethylene is known to be slightly more
severe in solvent action than other solvents and more likely to remove
any flame retardant treatments on textiles. The proposal specifies a
``normal'' commercial dry cleaning method which includes specifications
for cleaning, extraction, drying temperature, drying time and cool
down/deodorization. Samples are to be cleaned in a commercial dry
cleaning machine, using perchloroethylene as the solvent in a closed
environment.
b. Comment. One commenter expressed concern over the role of fabric
softeners in fabric flammability.
Response. According to the Procter and Gamble Company, about 71% of
U.S. households have some form of fabric softener. The most common
forms of fabric softeners for home laundering are liquid softeners
(purchased by 42% of U.S. households) and dryer-added sheet softeners
(purchased by about 49% of U.S. households). Dryer sheet softeners have
anti-static properties. Some households use both forms; some consumers
use both a rinse cycle softener and a dryer sheet softener for the same
load of laundry. At the present time there is no ``standard reference''
fabric softener. The AATCC technical committee RA88 on Home Laundering
Technology is working on the development of a standard reference fabric
softener; the technical committee estimates that this work may be
completed in approximately three years. The Commission is not including
a requirement for fabric softener at this time since there is no
standard fabric softener to reference.
c. Comment. For changes to the dry cleaning and laundering
procedures, two commenters suggested CPSC consider current AATCC and
ASTM standards.
Response. The proposal incorporates certain sections of AATCC Test
Method 124-2001 ``Appearance of Fabrics After Repeated Home
Laundering,'' consistent with other FFA regulations (16 CFR Parts 1615,
1616, 1630, 1631 and 1632). The dry cleaning procedure in the proposal
is similar but not identical to ASTM D1230 Standard Test Method for
Flammability of Apparel Textiles section 9.2.1.6 Option B. The proposal
has specifications for dry cleaning in a commercial dry-cleaning
machine using perchloroethylene in a ``normal'' cycle.
d. Comment. One commenter provided suggestions for updating the
laundering method which included increasing the number of cycles.
Response. The intent of the laundering and dry cleaning
requirements of the Standard is to remove any non-durable flame
retardant treatments that may be on the clothing textile; its intent is
not to replicate the consumer's refurbishing practices. No change has
been made; one cycle of each refurbishing method is required.
e. Comment. One commenter suggested requiring only the refurbishing
method on the garment care label.
Response. The Standard applies to fabrics and fabrics used in
garments. While the test method can be used to test fabric in the
garment stage it also applies to fabric before it is sewn into a
garment, so a fabric care label may not be present. The refurbishing
requirement (laundering/dry cleaning) is to remove any solvent or water
soluble treatment that might be on the garment. It is not meant to test
the durability of fabric treatments over the lifetime of a garment.
2. Clarifications in the Standard
a. Comment. Several comments suggested areas of the Standard in
need of clarification. These included clarifying the brushing of the
specimens, fabrics considered to be raised fiber textiles,
determination of the nap direction of raised surface textiles,
exemptions allowed and interpretation of test results for
classification.
Response. The Commission agrees that sections of the current
Standard are difficult to interpret and need clarification, including
clearer instructions on brushing of raised fiber surface textiles and
determination of which fabrics are considered to have raised fiber
surfaces. The proposal includes examples of raised fiber surface
textiles and provides guidance on testing these fabrics. The proposal
moves language from footnotes into the body of the Standard to clarify
the exemptions allowed and brings forward clarifying language from 16
CFR subparts B and C. In addition, the proposed revision includes new
text and graphics on the test procedure, interpretation of test results
for classification, and engineering diagrams of the flammability test
apparatus.
b. Comment. Commenters suggested adding portions of the CPSC
laboratory test manual to clarify the test procedures in the Standard.
Response. The staff used the 1981 CPSC laboratory manual as a
resource in developing recommendations to amend the Standard. The
proposal has added language from the lab manual in many sections.
c. Comment. One commenter suggested that the terms ``surface
flash'' and ``base burn'' be defined in the Standard; another suggested
definitions for these terms.
[[Page 8847]]
Response. The proposal adds many new definitions to the Standard,
including definitions for ``surface flash'' and ``base burn'' to
facilitate clearer understanding of the flammability test,
classification criteria and reporting results.
d. Comment. Two commenters suggested reorganizing the Standard to
eliminate duplication.
Response. The Commission agrees and proposes to reorganize large
portions of the Standard to eliminate duplication and make it easier to
follow and understand.
3. Enforcement and Procedural Issues
a. Comment. Two commenters urged CPSC to continue with enforcement
of 16 CFR part 1610.
Response. The CPSC Office of Compliance actively enforces 16 CFR
part 1610 and continues to see violations of the Standard. From 1995
through June 2006, the Commission announced the recall of 28 apparel
products for violations of 16 CFR part 1610.
b. Comment. One commenter suggested CPSC should consider
promulgating a procedure or mechanism that allows the agency to make
technical changes to this and other standards on a routine basis when
referenced voluntary standards are upgraded by AATCC and ASTM (e.g.,
laundering and dry cleaning) without having to go through full notice
and comment rulemaking.
Response. For any change by a voluntary standards organization to
have the force and effect of a Commission rule, the Commission must
formally adopt it through notice and comment rulemaking.
c. Comment. Some commenters suggested that the requirements of the
Standard should be made more stringent to improve the level of safety
provided by the Standard; comments included reviewing the
appropriateness of the ignition source and ignition time, increasing
the ignition time from 1 to 5 seconds, revising the acceptable burn
times; considering forced ignition, ignition of the lower cut edge of
the specimen and horizontal and vertical test configurations. One
comment was concerned with the need for new flammability requirements
for certain types of clothing (adult sleepwear and bathrobes). One
commenter suggested adding a list of ``suspect fabrics'' and requiring
more frequent testing for these fabrics. Additional comments included
clarifying or amending the exemptions from the requirements for testing
to support guaranties and warning labels for ``high-risk'' garments.
Response. The scope of the ANPR issued on September 12, 2002 was
limited to considering changes to the Standard to better reflect
current consumer practices, modernized testing equipment and clarifying
several aspects of the Standard. If, in the future, the Commission
should determine that substantive changes to the Standard are needed to
adequately protect the public, it would begin a separate proceeding for
issuing a new standard or amending the current one in accordance with
provisions of section 4 of the FFA (15 U.S.C. 1193).
4. The Desiccant Specified in the Standard
Comment. One commenter recommended specifying silica gel as the
desiccant instead of anhydrous calcium chloride. Another commenter was
concerned about the potency of the anhydrous calcium chloride desiccant
and consequently the efficacy of testing. That commenter noted that the
only way to ensure the potency of anhydrous calcium chloride desiccant
is to require maintaining daily logs detailing the initial temperature
and humidity readings inside the desiccator at the start of each day,
as well as after each test is completed.
Response. The Commission agrees with the commenters, and the
proposal specifies silica gel as the preferred desiccant. Silica gel is
recognized as an effective, reliable desiccant; and it can be
reactivated by heating, thus making it economical. Other FFA standards
(16 CFR parts 1615, 1616, 1630 and 1631) specify silica gel as the
preferred desiccant, and for the purpose of uniformity the CPSC
laboratory has been using silica gel as the desiccant for all FFA
testing since 1973. Regarding the potency of the desiccant, unlike
anhydrous calcium chloride desiccant, the color-changing silica gel
indicator provides a visual indication that the desiccant has become
saturated with moisture. When the indicating silica gel crystals change
color, the desiccant is reactivated by heating it in a laboratory oven.
5. Preliminary Tests
a. Comment. One commenter recommended eliminating the preliminary
tests requirement because the majority of apparel garments are cut in
the lengthwise direction, therefore only the lengthwise direction of a
garment or fabric needs to be tested.
Response. When a garment is worn on a body, the orientation of the
fabric varies. The standard specifies that the long dimension of a
plain surface textile fabric specimen is that direction in which the
fabric burns most rapidly. To determine which fabric direction burns
the most rapidly, the Standard requires preliminary tests of specimens
cut in different directions. Because there can be differences in the
burning characteristics with respect to fabric direction, the staff
believes that the requirement for preliminary tests should not be
eliminated.
b. Comment. One commenter suggested increasing the number of
preliminary tests, especially for raised fiber surface textile fabrics
to include both lengthwise and crosswise directions. The commenter is
concerned about low-pile fabrics where it may be difficult to determine
the correct direction of the raised surface fibers.
Response. For raised fiber surface textile fabrics the Standard
requires the direction of the lay of the surface fibers be parallel
with the long dimension of the specimen. Selecting specimens in this
manner allows for the brushing procedure to raise the surface fibers,
since the specimen is brushed against the direction of the lay of the
surface fibers. The Standard requires tests of the most flammable
surface of the fabric. With many raised fiber surface textile fabrics
it is easy to determine the direction of the lay of the surface fibers
by touch and visual observation, and preliminary tests are not needed.
Regarding those fabrics where it may be difficult to visually determine
the correct direction of the lay of the raised surface fibers,
preliminary tests should be done to determine the direction with the
fastest burning time. Since the Standard already requires preliminary
tests to determine the most flammable fabric direction, there is no
need to prescribe preliminary tests of both the lengthwise and
crosswise direction of raised fiber surface textile fabrics.
6. Reporting Test Results
Comment. One commenter recommended using simplified abbreviations
(or codes) for reporting burn test results.
Response. The existing Standard does not provide codes to report
test results. However, the FTC developed test result codes many years
ago for both plain surface and raised fiber surface textile fabrics.
These codes are found in the CPSC's laboratory test manual, and the
CPSC laboratory staff has used them to record test results for a number
of years. Uniform result codes will facilitate reporting accuracy,
understanding of flammability performance and resolution of test result
differences among laboratories. For these reasons the proposal provides
test result codes.
[[Page 8848]]
E. Preliminary Regulatory Analysis
Introduction
The Commission has preliminarily determined to issue a rule
revising and reorganizing the Standard for the Flammability of Clothing
Textiles. Section 4(i) of the FFA requires that the Commission prepare
a preliminary regulatory analysis for a proposed regulation under the
FFA and that it be published with the proposed rule. 15 U.S.C. 1193(i).
The following discussion, extracted from the staff's memorandum titled
``Preliminary Regulatory Analysis: Amendment to Clothing Textile
Standard,'' addresses this requirement.
Potential Benefits and Costs
Any benefits of the proposed revision would accrue through a
reduction in injury and death associated with clothing ignition.
However, the proposed amendment simply codifies existing industry
practices, and is not intended to change the types and classes of
textiles (or garments) available for consumer use. Consequently, we do
not anticipate any change in injuries or deaths due to this revision.
Therefore, this amendment would not result in any additional expected
benefits associated with the Standard.
Similarly, the proposal is not expected to increase costs to
manufacturers. Any increased costs that would have been incurred were
already borne by manufacturers when they voluntarily initiated the test
modifications which would be called for under the revision. No
additional testing or recordkeeping requirements are contemplated as a
result of the proposed amendment. Again, this amendment simply codifies
current industry practices. If anything, this proposed revision may
reduce the industry burden since it modifies requirements that are
outdated and/or impossible to comply with.
Alternatives
One alternative would be for the Commission to choose to use the
ASTM standard as a template for the proposed amendment. The ASTM
standard is a recent update (2001) of the FFA regulations promulgated
in 1953. This option would harmonize the voluntary standard with the
mandatory FFA standard. However, the more extensive definitional
language of the proposed revised standard is more complete and more
easily understood than that of the ASTM standard, which follows a
different organizational format.
Another option may be to use the test procedures outlined in the
ASTM standard, combined with the definitional content of the proposal.
While each of the options is likely to result in equivalence with the
current Standard, the Commission believes that the detail of its
proposed language could better address the potential for confusion and
mis-classification of clothing textiles by the industry.
F. Regulatory Flexibility Certification
The Regulatory Flexibility Act (``RFA'') generally requires that
agencies review proposed rules for their potential economic impact on
small entities, including small businesses. Section 603 of the RFA
calls for agencies to prepare and make available for public comment an
initial regulatory flexibility analysis describing the impact of the
proposed rule on small entities and identifying impact-reducing
alternatives. 5 U.S.C. 603. However, section 605 states that this
requirement does not apply if the head of the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities, and the agency provides an explanation for
that conclusion.
This rulemaking will have little or no effect on small businesses
in the textile and apparel industries because, as discussed above, the
proposal is largely a technical one that updates the FFA Standard to
current industry practices. Therefore, the Commission concludes that
the proposed amendment will not have a significant economic impact on a
substantial number of small entities.
G. Environmental Considerations
Generally, CPSC rules are considered to ``have little or no
potential for affecting the human environment,'' and environmental
assessments are not usually prepared for these rules (see 16 CFR 1021.5
(c)(1)). Because the proposal continues current industry practices, it
is not expected to alter production processes or affect the amounts of
materials used in manufacturing, packaging or labeling. Therefore, the
Commission does not expect the proposal to have any negative
environmental impact.
H. Executive Orders
Executive Order 12988 (February 5, 1996), requires agencies to
state in clear language the preemptive effect, if any, to be given to a
new regulation. The clothing standard amendment, if issued on a final
basis, would modify a flammability standard issued under the FFA. With
certain exceptions which are not applicable in this instance, no state
or political subdivision of a state may enact or continue in effect ``a
flammability standard or other regulation'' applicable to the same
fabric or product covered by an FFA standard if the state or local
flammability standard or other regulations is ``designed to protect
against the same risk of the occurrence fire'' unless the state or
local flammability standard or regulation ``is identical'' to the FFA
standard. See section 16 of the FFA (15 U.S.C. 1203).
I. Effective Date
Section 4(b) of the FFA (15 U.S.C. 1193(b)) provides that an
amendment of a flammability standard shall become effective one year
from the date it is promulgated, unless the Commission finds for good
cause than an earlier or later effective date is in the public
interest, and publishes that finding. Section 4(b) also requires that
an amendment of a flammability standard shall exempt products ``in
inventory or with the trade'' on the date the amendment becomes
effective, unless the Commission limits or withdraws that exemption
because those products are so highly flammable that they are dangerous
for use by consumers.
The Commission believes that a shorter effective date is in the
public interest. As discussed above, the proposed revisions reflect
practices that industry and laboratories are currently following. Thus,
the impact of the proposed changes should be minimal. Moreover, it
should be helpful to the public if the clarifications provided in the
proposed revision are effective sooner than one year. Therefore, the
Commission proposes that the revisions to the Standard would become
effective 180 days after publication of a final amendment and that
products ``in inventory or with the trade'' would be exempt from the
revised standard.
J. Proposed Findings
Section 1193(a) and (j)(2) of the FFA require the Commission to
make certain findings when it issues or amends a flammability standard.
The Commission must find that the standard or amendment: (1) Is needed
to adequately protect the public against the risk of the occurrence of
fire leading to death, injury or significant property damage; (2) is
reasonable, technologically practicable, and appropriate; (3) is
limited to fabrics, related materials or products which present
unreasonable risks; and (4) is stated in objective terms. 15 U.S.C.
1193(b). In addition, the Commission must find that: (1) If an
applicable voluntary standard has been adopted and implemented, that
compliance with the voluntary standard is not likely to adequately
reduce the risk of injury, or compliance with the
[[Page 8849]]
voluntary standard is not likely to be substantial; (2) that benefits
expected from the regulation bear a reasonable relationship to its
costs; and (3) that the regulation imposes the least burdensome
alternative that would adequately reduce the risk of injury. These
findings are discussed below.
The amendment to the Standard is needed to adequately protect the
public against unreasonable risk of the occurrence of fire. The
Standard dates from 1953. In the past fifty years changes in technology
and consumer practices have made some parts of the Standard obsolete.
Through the years, some have found the Standard's terminology and
organization confusing and difficult to follow. The proposed amendment
will better reflect the modern practices followed by industry and
consumers, and modifications in the language and organization of the
standard will enhance its clarity.
The amendment to the Standard is reasonable, technologically
practicable, and appropriate. The proposed amendment essentially
establishes in the Standard the practices currently followed by
industry and testing laboratories. These changes should enhance the
Standard's reasonableness, practicability, and appropriateness.
The amendment to the Standard is limited to fabrics, related
materials, and products that present an unreasonable risk. The proposed
amendment continues to apply to the same textiles as the existing
Standard.
Voluntary standards. The proposed Standard is similar to ASTM D1230
Standard Test Method for Flammability of Apparel Textiles in methods of
testing but significantly different in refurbishing procedures,
terminology and criteria. The Commission believes that the proposed
amendment will provide better clarity to industry and testing
laboratories and therefore is likely to better address the risk of
injury.
Relationship of benefits to costs. Because the proposed amendment
reflects current practices, both anticipated costs and benefits are
likely to be small.
Least burdensome requirement. The proposed amendment makes no
substantive changes to the Standard, but only provides modifications
that are necessary to update and clarify the Standard.
K. Conclusion
For the reasons discussed above, the Commission preliminarily finds
that amending the clothing textile flammability standard is needed to
adequately protect the public against the unreasonable risk of the
occurrence of fire leading to death, injury, and significant property
damage. The Commission also preliminarily finds that the amendment to
the Standard is reasonable, technologically practicable, and
appropriate. The Commission further finds that the amendment is limited
to the fabrics, related materials and products which present such
unreasonable risks.
List of Subjects in 16 CFR Part 1610
Clothing, Consumer protection, Flammable materials, Reporting and
recordkeeping requirements, Textiles, Warranties.
Therefore, the Commission proposes to amend Title 16 of the Code of
Federal Regulations by revising part 1610 to read as follows:
PART 1610--STANDARD FOR THE FLAMMABILITY OF CLOTHING TEXTILES
Subpart A--The Standard
Sec.
1610.1 Purpose, scope and applicability.
1610.2 Definitions.
1610.3 Summary of test method.
1610.4 Requirements for classifying textiles.
1610.5 Test apparatus and materials.
1610.6 Test procedure.
1610.7 Test sequence and classification criteria.
1610.8 Reporting results.
Subpart B--Rules and Regulations
1610.31 Definitions.
1610.32 General requirements.
1610.33 Test procedures for textile fabrics and film.
1610.34 Only uncovered or exposed parts of wearing apparel to be
tested.
1610.35 Procedures for testing special types of textile fabrics
under the standard.
1610.36 Application of Act to particular types of products.
1610.37 Reasonable and representative tests to support guaranties.
1610.38 Maintenance of records by those furnishing guaranties.
1610.39 Shipments under section 11(c) of the Act.
1610.40 Use of alternative apparatus, procedures, or criteria for
tests for guaranty purposes.
Subpart C--Interpretations and Policies
1610.61 Reasonable and representative testing to assure compliance
with the standard for the clothing textiles.
Figure 1 to Part 1610--Sketch of Flammability Apparatus
Figure 2 to Part 1610--Flammability Apparatus Views
Figure 3 to Part 1610--Specimen Holder Supported in Specimen Rack
Figure 4 to Part 1610--Igniter
Figure 5 to Part 1610--Brushing Device
Figure 6 to Part 1610--Brush
Figure 7 to Part 1610--Template
Authority: 15 U.S.C. 1191-1204.
Subpart A--The Standard
Sec. 1610.1 Purpose, scope and applicability.
(a) Purpose. The purpose of this standard is to reduce danger of
injury and loss of life by providing, on a national basis, standard
methods of testing and rating the flammability of textiles and textile
products for clothing use, thereby prohibiting the use of any
dangerously flammable clothing textiles.
(b) Scope. The Standard provides methods of testing the
flammability of clothing and textiles intended to be used for clothing,
establishes three classes of flammability, sets forth the requirements
which textiles shall meet to be classified, and warns against the use
of those textiles which have burning characteristics unsuitable for
clothing. Hereafter, ``clothing and textiles intended to be used for
clothing'' shall be referred to as ``textiles.''
(c) Specific exceptions. This standard shall not apply to: (1)
Hats, provided they do not constitute or form part of a covering for
the neck, face, or shoulders when worn by individuals;
(2) Gloves, provided they are not more than 14 inches in length and
are not affixed to or do not form an integral part of another garment;
(3) Footwear, provided it does not consist of hosiery in whole or
part and is not affixed to or does not form an integral part of another
garment;
(4) Interlining fabrics, when intended or sold for use as a layer
between an outer shell and an inner lining in wearing apparel.
(d) Specific exemptions. Experience gained from years of testing in
accordance with the Standard demonstrates that certain fabrics
consistently yield acceptable results when tested in accordance with
the Standard. Therefore, persons and firms issuing an initial guaranty
of any of the following types of fabrics, or of products made entirely
from one or more of these fabrics, are exempt from any requirement for
testing to support guaranties of those fabrics:
(1) Plain surface fabrics, regardless of fiber content, weighing
2.6 ounces per square yard or more; and
(2) All fabrics, both plain surface and raised-fiber surface
textiles, regardless of weight, made entirely from any of the following
fibers or entirely from combination of the following fibers: acrylic,
modacrylic, nylon, olefin, polyester, wool.
(e) Applicability. The requirements of this part 1610 shall apply
to textile fabric or related material in a form or state ready for use
in an article of
[[Page 8850]]
wearing apparel, including garments and costumes finished for consumer
use.
Sec. 1610.2 Definitions.
In addition to the definitions given in Section 2 of the Flammable
Fabrics Act as amended (15 U.S.C. 1191), the following definitions
apply for this part 1610.
(a) Base burn (also known as base fabric ignition or fusing) means
the point at which the flame burns the ground (base) fabric of a raised
surface textile fabric and provides a self-sustaining flame. Base
burns, used to establish a Class 3 fabric, are those burns resulting
from surface flash that occur on specimens in places other than the
point of impingement when the warp and fill yarns of a raised surface
textile fabric undergo combustion. Base burns can be identified by an
opacity change, scorching on the reverse side of the fabric, or when a
physical hole is evident.
(b) Burn time means the time elapsed from ignition until the stop
thread is severed as measured by the timing mechanism of the test
apparatus.
(c) Dry cleaning means the cleaning of samples in a commercial dry
cleaning machine under the conditions described in Sec. 1610.6.
(d) Film means any non-rigid, unsupported plastic, rubber or other
synthetic or natural film or sheeting, subject to the Act, or any
combination thereof, including transparent, and opaque material,
whether plain, embossed, molded, or otherwise surface treated, which is
in a form or state ready for use in wearing apparel, and shall include
film or sheeting of any thickness.
(e) Flammability means those characteristics of a material that
pertain to its relative ease of ignition and relative ability to
sustain combustion.
(f) Flame application time means the 1 second during which the
ignition flame is applied to the test specimen.
(g) Ignition means that there is a self-sustaining flame on the
specimen after the test flame is removed.
(h) Interlining means any textile which is intended for
incorporation into an article of wearing apparel as a layer between an
outer shell and an inner lining.
(i) Laundering means washing with an aqueous detergent solution and
includes rinsing, extraction and tumble drying as described in Sec.
1610.6.
(j) Long dimension means the 150 mm (6 in) length of test specimen.
(k) Plain surface textile fabric means any textile fabric which
does not have an intentionally raised fiber or yarn surface such as a
pile, nap, or tuft, but shall include those fabrics that have fancy
woven, knitted or flock-printed surfaces.
(l) Raised surface textile fabric means any textile fabric with an
intentionally raised fiber or yarn surface, such as a pile, including
flocked pile, nap, or tufting.
(m) Refurbishing means dry cleaning and laundering in accordance
with Sec. 1610.6.
(n) Sample means a portion of a lot of material which is taken for
testing or for record keeping purposes.
(o) Specimen means a 50 mm by 150 mm (2 in by 6 in) section of
sample.
(p) Stop thread supply means No. 50, white, mercerized, 100% cotton
sewing thread.
(q) Surface flash means a rapid burning of the pile fibers and
yarns on a raised fiber surface textile that may or may not result in
base burning.
(r) Textile fabric means any coated or uncoated material subject to
the Act, except film and fabrics having a nitro-cellulose fiber,
finish, or coating, which is woven, knitted, felted or otherwise
produced from any natural or manmade fiber, or substitute therefore, or
combination thereof, of 50 mm (2 in) or more in width, and which is in
a form or state ready for use in wearing apparel, including fabrics
which have undergone further processing, such as dyeing and finishing,
in garment form, for consumer use.
Sec. 1610.3 Summary of test method.
The Standard provides methods of testing the flammability of
textiles from or intended to be used for apparel; establishes three
classes of flammability; sets forth the requirements for classifying
textiles; and prohibits the use of single or multi-layer textile
fabrics that have burning characteristics that make them unsuitable for
apparel. All textiles shall be tested before and after refurbishing
according to Sec. 1610.6. Each specimen cut from the textile shall be
inserted in a frame, brushed if it has a raised fiber surface, and held
in a special apparatus at an angle of 45[deg]. A standardized flame
shall be applied to the surface near the lower end of the specimen for
1 second, and the time required for the flame to proceed up the fabric
a distance of 127 mm (5 in) shall be recorded. A notation shall be made
as to whether the base of a raised-surface textile fabric ignites or
fuses.
Sec. 1610.4 Requirements for classifying textiles.
(a) Class 1, Normal Flammability. Class 1 textiles exhibit normal
flammability and are acceptable for use in clothing. This class shall
include textiles which meet the minimum requirements set forth in
paragraph (a)(1) or paragraph (a)(2) of this section.
(1) Plain surface textile fabric. Such textiles in their original
state and/or after being refurbished as described in Sec. 1610.6(a)
and Sec. 1610.6(b), when tested as described in Sec. 1610.6, shall be
classified as Class 1, Normal Flammability, when the burn time is 3.5
seconds or more.
(2) Raised surface textile fabric. Such textiles in their original
state and/or after being refurbished as described in Sec. 1610.6(a)
and Sec. 1610.6(b), when tested as described in Sec. 1610.6, shall be
classified as Class 1, Normal Flammability, when the burn time is more
than 7 seconds, or when they burn with a rapid surface flash (0 to 7
seconds), provided the intensity of the flame is so low as not to
ignite or fuse the base fabric.
(b) Class 2, Intermediate Flammability. Class 2 fabrics, applicable
only to raised fiber surface textiles, are considered to be of
intermediate flammability, but may be used for clothing. This class
shall include textiles which meet the minimum requirements set forth in
paragraph (b)(2) of this section.
(1) Plain surface textile fabric. Class 2 is not applicable to
plain surface textile fabrics.
(2) Raised surface textile fabric. Such textiles in their original
state and/or after being refurbished as described in Sec. 1610.6(a)
and Sec. 1610.6(b), when tested as described in Sec. 1610.6, shall be
classified as Class 2, Intermediate Flammability, when the burn time is
from 4 through 7 seconds, both inclusive, and the base fabric ignites
or fuses.
(c) Class 3, Rapid and Intense Burning. Class 3 textiles exhibit
rapid and intense burning, are dangerously flammable and shall not be
used for clothing. This class shall include textiles which have burning
characteristics as described in paragraphs (c)(1) and (c)(2) of this
section. Such textiles are considered dangerously flammable because of
their rapid and intense burning.
(1) Plain surface textile fabric. Such textiles in their original
state and/or after refurbishing as described in Sec. 1610.6(a) and
Sec. 1610.6(b), when tested as described in Sec. 1610.6, shall be
classified as Class 3 Rapid and Intense Burning when the time of flame
spread is less than 3.5 seconds.
(2) Raised surface textile fabric. Such textiles in their original
state and/or after refurbishing as described in Sec. 1610.6(a) and
Sec. 1610.6(b), when tested
[[Page 8851]]
as described in Sec. 1610.6, shall be classified as Class 3 Rapid and
Intense Burning when the time of flame spread is less than 4 seconds
and the intensity of flame is such as to ignite or fuse the base
fabric.
Table 1 to Sec. 1610.4.--Summary of Test Criteria for Specimen
Classification
[See also Sec. 1610.7]
------------------------------------------------------------------------
Plain surface Raised surface
Class textile fabric textile fabric
------------------------------------------------------------------------
1............................... Burn time is 3.5 (1) Burn time is
seconds or more. greater than 7.0
ACCEPTABLE (3.5 seconds or
sec is a pass).
(2) Burn time is 0-
7 seconds with no
base burns.
Exhibits rapid
surface flash
only. ACCEPTABLE
2............................... Class 2 is not Burn time is 4-7
applicable to seconds
plain surface (inclusive) with
textile fabrics. base burn.
ACCEPTABLE
3............................... Burn time is less Burn time is less
than 3.5 seconds. than 4.0 seconds
NOT ACCEPTABLE. with base burn.
NOT ACCEPTABLE.
------------------------------------------------------------------------
Sec. 1610.5 Test apparatus and materials.
(a) Flammability apparatus. The flammability test apparatus
consists of a draft-proof ventilated chamber enclosing a standardized
ignition mechanism, sample rack, and automatic timing mechanism. The
flammability apparatus shall meet the minimum requirements for testing
as follows.
(1) Test chamber.--(i) Test chamber structure. The test chamber
shall be a metal, draft-proof ventilated chamber. The test chamber
shall have inside dimensions of 35.3 cm high by 36.8 cm wide by 21.6 cm
deep (14 in by 14.5 in by 8.5 in). There shall be eleven 12.7 mm
diameter (0.5 in) holes equidistant along the rear of the top closure.
The front of the chamber shall be a close fitting door with an insert
made of clear material (i.e., glass, plexiglass) to permit observation
of the entire test. A ventilating strip is provided at the base of the
door in the front of the apparatus. The test chamber to be used in this
test method is illustrated in Figures 1 through 3 of this part.
(ii) Specimen rack. The specimen rack provides support for the
specimen holder (described in paragraph (a)(1)(iii) of this section) in
which the specimen is mounted for testing. The angle of inclination
shall be 45[deg]. Two guide pins projecting downward from the center of
the base of the rack travel in slots provided in the floor of the
chamber so that adjustment can be made for the thickness of the
specimen in relation to the test flame. A stop shall be provided in the
base of the chamber to assist in adjusting the position of the rack.
The specimen rack shall be constructed so that: it supports the
specimen holder in a way that does not obstruct air flow around the
bottom edge of the fabric specimen; and the fabric specimen is properly
aligned with the igniter tip during flame impingement. The specimen
rack to be used in this test method is illustrated in Figures 1 and 2
of this part. Movable rack: Refer to the manufacturers' instruction in
relation to the adjustment procedure to move the rack into the
appropriate position for the indicator finger alignment.
(iii) Specimen holder. The specimen holder supports and holds the
fabric specimen. The specimen holder shall consist of two 2 mm (0.06
in) thick U-shaped matched metal plates. The plates are slotted and
loosely pinned for alignment. The specimen shall be firmly sandwiched
in between the metal plates with clamps mounted along the sides. The
two plates of the holder shall cover all but 3.8 cm (1.5 in) of the
width of the specimen for its full length. See Figure 3 of this part.
The specimen holder shall be supported in the draft-proof chamber on
the rack at an angle of 45[deg].
(iv) Indicator finger. The position of the specimen rack (described
in paragraph (a)(1)(ii) of this section) shall be adjusted, so the tip
of the indicator finger just touches the surface of the specimen. The
indicator finger is necessary to ensure that the tip of the test flame
will impinge on the specimen during testing. The indicator finger to be
used in this test method is illustrated in Figures 1 and 2 of this
part.
(v) Ignition mechanism. The ignition mechanism shall consist of a
motor driven butane gas jet formed around a 26-gauge hypodermic needle
and creates the test flame. The test flame shall be protected by a
shield. The test flame is adjusted to 16 mm (0.625 in) and applied to
the specimen for 1 second. A trigger device is located in the front of
the apparatus, the pulling or pushing of which activates the test flame
impingement and timing device. Electro-mechanical devices (i.e., servo-
motors, solenoids, micro-switches, and electronic circuits, in addition
to miscellaneous custom made cams and rods, shock absorbing linkages,
and various other mechanical components) can be used to control and
apply the flame impingement. See Figure 7 of this part.
(vi) Draft ventilator strip. A draft ventilator strip shall be
placed across the front opening, sealing the space between the sliding
door when in lowered position and the base on which the grid rack is
attached. (See Figure 1 of this part.)
(vii) Stop weight. The weight, attached by means of a clip to the
stop thread, in dropping actuates the stop motion for the timing
mechanism. The weight shall be at least 30g (1.16 oz).
(viii) Door. The door shall be a clear (i.e., glass or plexiglass)
door, close fitting and allows for viewing of the entire test.
(ix) Hood. The hood or other suitable enclosure shall provide a
draft-free environment surrounding the test chamber. The hood or other
suitable enclosure shall have a fan or other means for exhausting smoke
and/or fumes produced by testing.
(2) Stop thread and thread guides.--(i) Stop thread. The stop
thread shall be stretched from the spool through suitable thread guides
provided on the specimen holder and chamber walls.
(ii) Stop thread supply. This supply, consisting of a spool of No.
50, white, mercerized, 100% cotton sewing thread, shall be fastened to
the side of the chamber and can be withdrawn by releasing the
thumbscrew holding it in position.
(iii) Thread guides. The thread guides permit the lacing of the
stop thread in the proper position exactly 127 mm (5 in) from the point
where the center of the ignition flame impinges on the test specimen.
The stop thread shall be 9.5 mm (0.37 in) above and parallel to the
lower surface of the top plate of the specimen holder. This condition
can be achieved easily and reproducibly with the use of a thread guide
popularly referred to as a ``sky hook'' suspended down from the top
panel along with two L-shaped thread guides attached to the
[[Page 8852]]
upper end of the top plate of the specimen holder. Two other thread
guides can be installed on the rear panel to draw the thread away from
directly over the test flame. The essential condition, however, is the
uniform height of 9.5 mm (0.37 in) for the stop thread and not the
number, placement or design of the thread guides.
(iv) Stop weight thread guide. This thread guide shall be used to
guide the stop thread when attaching the stop weight.
(3) Supply for test flame. (i) The fuel supply shall be a cylinder
of chemically pure (c. p.) butane.
(ii) The fuel-tank control valve shall consist of a sensitive
control device for regulating the fuel supply at the tank.
(iii) The flow control device, such as a manometer or flow meter,
shall be sufficient to maintain a consistent flame length of \5/8\ in.
(4) Timing device. The timing device consists of a timer, driving
mechanism and weight. The timer, by means of special attachments, is
actuated to start by connection with the gas jet. A trigger device
(described in paragraph (a)(1)(v) of this section) activates the flame
impingement, causing the driving mechanism to move the gas jet to its
most forward position and automatically starts the timer at the moment
of flame impact with the specimen. The falling weight, when caused to
move by severance of the stop thread, stops the timer. Time shall be
read directly and recorded as a burn time. Read burn time to 0.1
second. An electronic or mechanical timer can be used to record the
burn time, and electro-mechanical devices (i.e., servo-motors,
solenoids, micro-switches, and electronic circuits, in addition to
miscellaneous custom made cams and rods, shock absorbing linkages, and
various other mechanical components) can be used to control and apply
the flame impingement.
(b) Specimen preparation equipment and materials--(1) Laboratory
drying oven. This shall be a forced circulation drying oven capable of
maintaining 105[deg] 3[deg] C (221[deg]
5[deg] F) for 30 2 minutes to dry the specimens while
mounted in the specimen holders.
(2) Desiccator. This shall be an airtight and moisture tight
chamber capable of holding the specimens horizontally without
contacting each other during the cooling period following drying, and
shall contain silica gel desiccant.
(3) Desiccant. Anhydrous silica gel shall be used as the desiccant.
(4) Automatic washing machine. The automatic washing machine shall
be as described in Sec. 1610.6(b)(1)(ii).
(5) Automatic tumble dryer. The automatic tumble dryer shall be as
described in Sec. 1610.6(b)(1)(ii).
(6) Commercial dry cleaning machine. The commercial dry cleaning
machine shall be capable of providing a complete automatic dry-to-dry
cycle using perchloroethylene solvent and a cationic drycleaning
detergent as specified in Sec. 1610.6(b)(1)(i).
(7) Dry cleaning solvent. The solvent shall be perchloroethylene,
commercial grade.
(8) Dry cleaning detergent. The dry cleaning detergent shall be
cationic class.
(9) Laundering detergent. The laundering detergent shall be as
specified in Sec. 1610.6(b)(1)(ii).
(10) Brushing device. The brushing device shall consist of a base
board over which a small carriage is drawn. See Figure 4 of this part.
This carriage runs on parallel tracks attached to the edges of the
upper surface of the base board. The brush is hinged with pin hinges at
the rear edge of the base board and rests on the carriage vertically
with a pressure of 150 gf (0.33 lbf). The brush shall consist of two
rows of stiff nylon bristles mounted with the tufts in a staggered
position. The bristles are 0.41 mm (0.016 in) in diameter and 19 mm
(0.75 in) in length. There are 20 bristles per tuft and 4 tufts per
inch. See Figure 6 of this part. A clamp is attached to the forward
edge of the movable carriage to permit holding the specimen on the
carriage during the brushing operation. The purpose of the metal plate
or ``template'' on the carriage of the brushing device is to support
the specimen during the brushing operation. The template shall be 3.2
mm (0.13 in) thick. See Figure 5 of this part.
Sec. 1610.6 Test procedure.
The test procedure is divided into two steps. Step 1 is testing in
the ``as received'' or original state; Step 2 is testing after the
fabric has been refurbished according to paragraph (b)(1) of this
section.
(a) Step 1--Testing in the ``as received'' or original state. (1)
Tests shall be conducted on the fabric in a form or state ready for use
in wearing apparel. Determine whether the fabric to be tested is a
plain surface textile fabric or a raised surface textile fabric as
defined in Sec. 1610.2 (k) and (l). There are some fabrics that
require extra attention when preparing test specimens because of their
particular construction characteristics. Examples of these fabrics are
provided in paragraphs (a)(1)(i) through (vi) of this section along
with guidelines for preparing specimens from these fabrics. This
information is not intended to be all-inclusive.
(i) Flocked fabrics. Fabrics that are flocked overall are treated
as raised surface textile fabrics as defined in Sec. 1610.2(l). Flock
printed fabrics (usually in a pattern and not covering the entire
surface) shall be treated as plain surface textile fabrics as defined
in Sec. 1610.2(k).
(ii) Cut velvet fabrics. Cut velvet fabrics with a patterned
construction shall be considered a raised surface textile fabric as
defin