Federal Register, Volume 73 Issue 58 (Tuesday, March 25, 2008)

[Federal Register Volume 73, Number 58 (Tuesday, March 25, 2008)]
[Rules and Regulations]
[Pages 15636-15661]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-5569]

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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1610

Standard for the Flammability of Clothing Textiles

AGENCY: Consumer Product Safety Commission.

ACTION: Final rule.

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SUMMARY: The Commission is amending its flammability standard for
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has become outdated in several respects.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 revisions better reflect
current consumer practices and technologies and clarify several aspects
of the Standard.

DATES: The rule is effective September 22, 2008. The incorporation by
reference of the publication listed in this rule is approved by the
Director of the Federal Register as of September 22, 2008.

FOR FURTHER INFORMATION CONTACT: Mary Toro, Directorate for Compliance
and Field Operations, Consumer Product Safety Commission, 4330 East
West Highway, Bethesda, Maryland 20814-4408; telephone (301) 504-7586;
e-mail mtoro@cpsc.gov.

SUPPLEMENTARY INFORMATION:

A. Background

1. History of the Standard

The Standard for the Flammability of Clothing Textiles, 16 CFR part
1610 (``the Standard'') dates back to the 1950s. Congress enacted the
Flammable Fabrics Act (``FFA'') in 1953 (Pub. L. 83-88, 67 Stat. 111).
It specified a test, a voluntary commercial standard then called
``Flammability of Clothing Textiles, Commercial Standard (`CS') 191-
53,'' to be used to determine if fabric or clothing is ``so highly
flammable as to be dangerous when worn by individuals.''
When Congress established the Consumer Product Safety Commission in
1972, it 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 1610.

2. The Standard

The Commission's revisions to the Standard will 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
1610.4.
The Standard prescribes the method of testing to determine the
appropriate classification. 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. A swatch of each sample must be subjected to the dry cleaning
and hand washing procedure prescribed by the Standard. 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. Classification is based on
the reported results before and after dry cleaning and washing,
whichever is lower.

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 revisions 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 129 fatalities in 2004, the most recent
year of available data. An average of 120 clothing fire-related
fatalities occurred annually during 2002-2004. Population fatality
rates increased with age. In addition, an estimated 3,947 non-fatal
injuries were treated in hospital emergency departments annually (2003-
2005). Among these non-fatal injuries, 25 percent were serious enough
to require admission to a hospital (compared to 5 percent for all
consumer products).

B. Statutory Provisions

Section 4 of the FFA sets forth the process by which the Commission
can issue or amend a flammability standard. In accordance with that
section, the Commission issued an advance notice of proposed rulemaking
(``ANPR'') on September 12, 2002, 67 FR 57770. The Commission issued a
notice of proposed rulemaking (``NPR'') on February 27, 2007 containing
the text of the proposed rule along with alternatives the Commission
has considered and a preliminary regulatory analysis. 72 FR 8844.
Before issuing a final rule, the FFA requires the Commission to prepare
a final regulatory analysis, and make certain findings concerning any
relevant voluntary standard, the relationship between costs and
benefits of the rule, and the burden imposed by the regulation. 15
U.S.C. 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.
Id. U.S.C. 1193(b).

C. Revisions

The changes to the Standard reflect changes in consumer garment
care practices and will make the Standard easier to understand. These
changes are discussed below.
Definitions. Some definitions have been revised and some new ones
added to eliminate confusion. 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 Standard. In addition,
several other relevant terms and definitions have been added. These
terms include burn time, dry cleaning, flammability, flame application
time, ignition, interlining, laundering, long dimension, plain surface
textile fabric, raised surface textile fabric, refurbishing, sample,
specimen, and stop thread supply.

[[Page 15637]]

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 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 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 Commission is revising these
procedures to better reflect modern techniques for laundering and dry
cleaning.
The method of dry cleaning that the current Standard prescribes
uses 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 U.S. 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
D1230, Standard Test Method for Apparel Flammability. This procedure
uses perchloroethylene in a closed environment commercial dry cleaning
machine for one cycle. The revision to the Standard prescribes a dry
cleaning method based on the ASTM D1230 dry cleaning procedure.
The soap specified in the handwashing procedure in the current
Standard is no longer available. Most detergents are now non-phosphate
based due to environmental concerns. The 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. The 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 which can
be a problem when classification is more complex. The revision
clarifies the instructions for calculating burn times and establishing
the occurrence of a base burn. By defining the terms ``base burn'' and
``surface flash'' in Sec. 1610.2, the revision provides further
clarification for the reporting of test results for raised surface
textile fabrics. The revision also specifies test result codes from
CPSC's laboratory test manual. 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 making changes to
subparts B and C of the Standard. To reduce confusion, some provisions
concerning procedures for conducting the tests that are currently in
subparts B and C are moved 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 NPR

On February 27, 2007, the Commission published an NPR. 72 FR 8844.
The Commission received eight written comments. These were mostly
supportive and suggested minor editorial changes to the proposal.
Specific issues raised by the comments are discussed below.

1. Laundering and Dry Cleaning

a. Comment. One commenter stated 60 3 [deg]C is too
hot and another recommended a washing temperature consistent with the
original standard.
Response. Staff reviewed the proposed water temperature for the
laundering portion of the section and agreed that the wash temperature
of 60 3 [deg]C (140 5 [deg]F) in the proposed
rule is too hot. The current Standard, which uses a hand wash
procedure, specifies 95-100 [deg]F, with a rinse temperature of 80
[deg]F. Since the proposal specifies machine washing, staff does not
agree that it is appropriate to use a temperature suited to hand
washing. The final amendments specify a wash temperature of 49 3 [deg]C (120 5 [deg]F). Staff believes this
temperature is hot enough to remove any water soluble finishes from the
fabric which may affect its flammability characteristics and is
appropriate for a machine wash. The staff agrees that the most recent
version of AATCC 124 should be referenced; the final amendments
reference AATCC 124-2006.
b. Comment. One commenter recommended allowing the use of a ``trial
dry cleaner'' rather than a commercial dry cleaning machine.
Response. The dry cleaning procedure in the proposed rule is
similar but not identical to the procedure specified in ASTM D1230
Standard Test Method for Flammability of Apparel Textiles, section
9.2.1, Option B. The ASTM D1230 refurbishing procedure was found by
staff and ASTM Committee D13 (Textiles) to be as stringent as the
procedure specified in 16 CFR Part 1610. Because the dry cleaning
method specified in the current Standard is illegal to perform in the
United States, the industry and the CPSC staff have been using the ASTM
D1230 section 9.2.1, Option B for many years. Staff does not have any
data to indicate whether the use of a ``trial dry cleaner'' would be as
stringent as the refurbishing procedure in ASTM D1230. The amount of
detergent to be used in the dry cleaning procedure will depend on the
capacity of the machine; this information is provided with the machine
manufacturer's instructions.
c. Comment. Three commenters disagreed with the specified ballast
(80% wool fabric pieces and 20% polyester fabric pieces) in the
proposal.
Response. Upon further consideration, the staff has decided to
change the specified ballast to 80% wool and 20% cotton to be
consistent with internationally recognized dry cleaning standards.

[[Page 15638]]

d. Comment. Two commenters questioned the need to dry clean samples
in a load that is 80% of the dry cleaning machine's capacity and
suggested that the load should be 100% of the load's capacity.
Response. Staff concludes that the International Fabricare
Institute's recommendation of 80% capacity is appropriate for proper
dry cleaning.

2. Comments on Definitions

a. Comment. Several commenters made suggestions for changes to the
definitions in the proposal. Three commenters requested clarification
of ``base burn'' and one commenter suggested a change to the definition
of ``long dimension.''
Response. Staff considers the proposed definition of ``base burn''
to be sufficiently clear. The definition includes specific burning
characteristics that must be observed during and after each test in
order to distinguish between a base burn at point of flame impingement
and the type of base burn used to establish a Class 3 fabric, where the
base burn starts at places on the specimen other than the point of
flame impingement as a result of surface flash.
b. Comment. One commenter suggested changing the ``long dimension''
definition to ``the 150mm (6 inch) length of test specimen (cut with
the 6 dimension in the same orientation of the worst burning
direction of the overall fabric).''
Response. Staff does not agree because the long dimension is not
always in the fastest burning direction of the fabric. For example,
when preparing preliminary test specimens to determine the fastest
burning direction of a plain surface textile fabric, the 6 inch length
of each specimen will be in a different fabric direction.
c. Comment. One commenter requested that a definition for ``coated
fabrics'' be added to section 1610.33(a)(2).
Response. Staff agrees and has added the definition for ``coated
fabrics'' from ASTM D123-03 Standard Terminology Relating to Textiles.

3. Comments on the Test Procedure

a. Comment. One commenter suggested that cotton fabrics, being
hydrophilic, should be tested in standard humidity rather than be
subject to the conditioning oven and dessicator at 0% humidity. The
commenter notes the proposed conditions are more stringent than likely
``real world'' conditions and those specified in two international
textile test methods.
Response. Staff realizes that cotton responds quickly to changes in
humidity, but concludes that testing cotton and cotton containing
fabrics under the more severe atmospheric conditions in the current
standard provides a greater level of safety than testing under standard
textile testing conditions. Therefore, the staff has not changed the
conditioning requirements.
b. Comment. One commenter stated that the procedure for selecting
test specimens in Sec. 1610.6(a)(3)(i), Raised surface textile
fabrics--(i) Preliminary trials is confusing.
Response. Staff has reviewed this language and concludes that this
procedure is properly explained in the proposed rule; thus, the staff
has not changed the language in the final rule. In addition, the
commenter asked if there is a specific rate to be used when brushing
raised-fiber surface textile fabrics. The Standard specifies only that
the specimen be brushed at a uniform rate; no change was made in the
proposal.

4. Comments on the Test Apparatus and Materials

a. Comment. Several comments were received on the test apparatus
and materials. Several commenters on the ANPR discussed the need for
testing laboratories to be allowed to use more modern versions of the
flammability test chamber.
Response. In the proposed amendments the staff worked to achieve a
balance between providing an appropriate description of the
flammability test chamber, along with figures, without providing
prescriptive requirements that would have limited the test chamber to a
specific make and model.
b. Comment. In response to the NPR, one commenter asked that more
detailed information on the flammability test cabinet be specified in
the Standard.
Response. The final amendments provide additional details,
including manufacturing tolerances and descriptive language, which the
staff believes will be helpful but will not limit or discourage the use
of modern equipment.

5. Comments on Exemptions, Reasonable and Representative Testing, and
the Standard's Applicability to Specific Apparel Items

a. Comment. One commenter asked what the justification was for the
2.6 oz/yd\2\ exemption for all plain surface fabrics and asked for the
historical information that formed the basis for the exemption. The
commenter further requested that, if that information could not be
provided, the exemption be lowered to 2.0 oz/yd\2\.
Response. This information can be found at 49 FR 242; December 14,
1984; 16 CFR part 1610 Standard for the Flammability of Clothing
Textiles; Requirements for Testing and Recordkeeping to Support
Guaranties. No change has been made to the exemptions.
b. Comment. One commenter asked for clarification about the
Standard's applicability to scarves.
Response. The proposed amendment, like the current 16 CFR part
1610, applies to scarves.
c. Comment. One commenter asked that the Standard provide further
guidance on reasonable and representative testing.
Response. Guidance on developing a reasonable and representative
testing program was issued by the Commission in 1998 and can be found
at 63 FR 42697, August 11, 1998; Policy Statement--Reasonable and
Representative Testing to Assure Compliance with the Standard for the
Flammability of Clothing Textiles.

E. Final Regulatory Analysis

Introduction

Section 4(j)(1) of the FFA requires that the Commission prepare a
final regulatory analysis for a final regulation under the FFA and that
it be published with the final rule. 15 U.S.C. 1193(j)(1). The
following discussion, extracted from the staff's memorandum titled
``Final Regulatory Analysis of Amendment to the Flammability Standard
for Clothing Textiles,'' addresses this requirement.

Potential Benefits and Costs

The clothing textiles Standard provides a minimum level of fire
protection for articles of apparel worn by consumers. The amendments
under consideration pertain to definitions and test methods, and are
technical in nature. The amendments would not affect the substance or
likely results of the performance tests in the Standard; the projected
effectiveness of the Standard would neither increase nor decrease as a
result. Thus, there would be no impact on the level or value of fire
safety benefits (i.e., the reduced risk to the public of fire-related
death, injury, or property damage) derived from the Standard.
The amendment to the Standard is not expected to increase costs to
manufacturers and importers of products that currently comply. These
firms have, for a number of years, been conducting compliance tests
using

[[Page 15639]]

methods and apparatus that would be allowed under the amendments.
Overall, the amendments, if issued on a final basis, would not likely
have any significant impact on apparel and fabric testing costs.
On balance, the technical amendments would have no significant
impact on expected benefits or costs of the flammability standard for
clothing textiles. The amendment would simplify testing requirements
and allow existing practices among manufacturers and importers subject
to the standard.

Alternatives

There is an existing U.S. voluntary standard for wearing apparel.
This standard, ASTM D1230, ``Test Method for Flammability of Apparel
Textiles,'' contains performance tests that are virtually identical to
those in the existing FFA standard, but that are presented in a
standard ASTM format with somewhat different language on some elements.
The Commission could opt to use the ASTM standard language instead of
the language of the amendments. The language of the CPSC's amendments
is, however, clearer and more complete than that of the ASTM standard.
The ASTM alternative would have no significant economic effects.
An existing U.S. voluntary consensus standard for clothing textile
washing procedures, AATCC Test Method 124-2006, is incorporated by
reference in the amended federal standard. An international standard
(ISO) test method also exists for apparel dry cleaning procedures. The
Commission could opt to incorporate the provisions of this
international standard into the amended federal standard, but they are
no more clear or comprehensive than CPSC's amendments. Again, this
alternative would have no significant economic effects.
In summary, there are no readily available and technically feasible
alternatives that would be significantly different from the
Commission's amendments. Thus, no reasonable alternative would make the
standard more effective or less costly.

F. Regulatory Flexibility Certification

As discussed in the NPR, this rulemaking will have little or no
effect on small businesses in the textile and apparel industries
because the revisions are largely technical, updating the FFA Standard
to current industry practices. Therefore, the Commission concludes that
the amendment will not have a significant economic impact on a
substantial number of small entities.

G. Environmental Considerations

Because the revision 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 revision to have any environmental
impacts.

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 would modify a
flammability standard issued under the FFA. The FFA provides, with
certain exceptions which are not applicable in this instance, that 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 regulation 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 that 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. The revisions reflect practices that industry and
laboratories are currently following. Thus, the impact of the changes
should be minimal. Moreover, making the clarifications in the revisions
effective sooner than one year should be helpful to the public.
Therefore, the revisions to the Standard become effective 180 days
after publication in the Federal Register. As required by the FFA,
products ``in inventory or with the trade'' would be exempt from the
revised standard.

J. 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 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 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 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
amendment continues to apply to the same textiles as the existing
Standard.
Voluntary standards. The 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

[[Page 15640]]

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 amendment reflects
current practices, both anticipated costs and benefits are likely to be
negligible.
Least burdensome requirement. The 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 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 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, Incorporation
by reference, Reporting and recordkeeping requirements, Textiles,
Warranties.

0
Therefore, the Commission amends Title 16 of the Code of Federal
Regulations by revising part 1610 to read as follows:

PART 1610--STANDARD FOR THE FLAMMABILITY OF CLOTHING TEXTILES

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--AN EXAMPLE OF A TYPICAL INDICATOR FINGER
FIGURE 5 TO PART 1610--AN EXAMPLE OF A TYPICAL GAS SHIELD
FIGURE 6 TO PART 1610--IGNITER
FIGURE 7 TO PART 1610--BRUSHING DEVICE
FIGURE 8 TO PART 1610--BRUSH
FIGURE 9 TO PART 1610--BRUSHING DEVICE 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 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, translucent, and opaque
material, whether plain, embossed, molded, or otherwise surface
treated, which is in a

[[Page 15641]]

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 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 base fabric starts burning at
places other than the point of impingement as a result of the surface
flash (test result code SFBB).

Table 1 to Sec. 1610.4.--Summary of Test Criteria for Specimen
Classification
[see 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 sec seconds; or
is a pass). (2) Burn time is 0-7
seconds with no
base burns (SFBB).
Exhibits rapid
surface flash only.
ACCEPTABLE.

[[Page 15642]]

2........................... Class 2 is not Burn time is 4-7
applicable to plain seconds (inclusive)
surface textile with base burn
fabrics. (SFBB).
ACCEPTABLE.
3........................... Burn time is less Burn time is less
than 3.5 seconds. than 4.0 seconds
NOT ACCEPTABLE. with base burn
(SFBB).
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 or twelve 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 and 2 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 through
3 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 Figures 1 and 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. An
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, 2 and 4 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. See Figure 5. 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 6 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-proof 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 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.

[[Page 15643]]

(iii) The flow control device, such as a manometer or flow meter,
shall be sufficient to maintain a consistent flame length of 16 mm (\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 7 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 8 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 9 of this part.

Sec. 1610.6 Test procedure.

The test procedure is divided into two steps. Step 1 is testing in
the 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 original state.
(1) Tests shall be conducted on the fabric in a form or state ready
for use in wearing apparel. Determine whether the fabric to be tested
is a plain surface textile fabric or a raised surface textile fabric as
defined in Sec. 1610.2 (k) and (l). There are some fabrics that
require extra attention when preparing test specimens because of their
particular construction characteristics. Examples of these fabrics are
provided in paragraphs (a)(1)(i) through (vi) of this section along
with guidelines for preparing specimens from these fabrics. This
information is not intended to be all-inclusive.
(i) Flocked fabrics. Fabrics that are flocked overall are treated
as raised surface textile fabrics as defined in Sec. 1610.2(l). Flock
printed fabrics (usually in a pattern and not covering the entire
surface) shall be treated as plain surface textile fabrics as defined
in Sec. 1610.2(k).
(ii) Cut velvet fabrics. Cut velvet fabrics with a patterned
construction shall be considered a raised surface textile fabric as
defined in Sec. 1610.2(l).
(iii) Metallic thread fabrics. Metallic thread fabrics shall be
considered plain surface textile fabrics provided the base fabric is
smooth. The specimens shall be cut so that the metallic thread is
parallel to the long dimension of the specimen and arranged so the test
flame impinges on a metallic thread.
(iv) Embroidery. Embroidery on netting material shall be tested
with two sets of preliminary specimens to determine the most flammable
area (which offers the greatest amount of netting or embroidery in the
150 mm (6 in.) direction). One set of netting only shall be tested and
the other set shall consist mainly of embroidery with the specimens cut
so that the test flame impinges on the embroidered area. Test the most
flammable area according to the plain surface textile fabric
requirements. The full test shall be completed on a sample cut from the
area that has the fastest burn rate.
(v) Burn-out patterns. Flat woven constructions with burn-out
patterns shall be considered plain surface textile fabrics as defined
in Sec. 1610.2(k).
(vi) Narrow fabrics and loose fibrous materials. Narrow fabrics and
loose fibrous materials manufactured less than 50 mm (2 in) in width in
either direction shall not be tested. If a 50 mm by 150 mm (2 in by 6
in) specimen cannot be cut due to the nature of the item, i.e. hula
skirts, leis, fringe, loose feathers, wigs, hairpieces, etc., do not
conduct a test.
(2) Plain surface textile fabrics: (i) Preliminary trials. Conduct
preliminary trials to determine the quickest burning direction. The
specimen size shall be 50 mm by 150 mm (2 in by 6 in). Cut one specimen
from each direction of the fabric. Identify the fabric direction being
careful not to make any identifying marks in the exposed area to be
tested. Preliminary specimens shall be mounted and conditioned as
described in paragraphs (a)(2)(ii) through (iv) of this section and
then tested following the procedure in paragraph (c) of this section to
determine if there is a difference in the burning characteristics with
respect to the direction of the fabric.
(ii) Identify and cut test specimens. Cut the required number of
test specimens to be tested (refer to Sec. 1610.7(b)(1)). Each
specimen shall be 50 mm by 150 mm (2 in by 6 in), with the long
dimension in the direction in which burning is most rapid as
established in the preliminary trials. Be careful not to make any
identifying marks in the exposed area to be tested.
(iii) Mount specimens. Specimens shall be placed in the holders,
with the side to be burned face up. Even though plain surface textile
fabrics are not brushed, all specimens shall be mounted in a specimen
holder placed on the carriage that rides on the

[[Page 15644]]

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[deg]
3[deg] C (221[deg] 5[deg] F), removed from
the oven and placed over a bed of anhydrous silica gel desiccant in a
desiccator until cool, but not less than 15 minutes.
(v) Flammability test. Follow the test procedure in paragraph (c)
of this section and also follow the test sequence in Sec.
1610.7(b)(1).
(3) Raised surface textile fabrics--(i) Preliminary trials. The
most flammable surface of the fabric shall be tested. Conduct
preliminary trials and/or visual examination to determine the quickest
burning area. The specimen size shall be 50 mm by 150 mm (2 in by 6
in). For raised surface textile fabrics, the direction of the lay of
the surface fibers shall be parallel with the long dimension of the
specimen. Specimens shall be taken from that part of the raised-fiber
surface that appears to have the fastest burn time. For those fabrics
where it may be difficult to visually determine the correct direction
of the lay of the raised surface fibers, preliminary tests can be done
to determine the direction of the fastest burn time. For textiles with
varying depths of pile, tufting, etc., the preliminary test specimens
are taken from each depth of pile area to determine which exhibits the
quickest rate of burning. A sufficient number of preliminary specimens
shall be tested to provide adequate assurance that the raised surface
textile fabric will be tested in the quickest burning area. Preliminary
specimens shall be mounted and conditioned as described below and
tested following the procedure in paragraph (c) of this section.
(ii) Identify and cut test specimens. Cut the required number of
specimens (refer to Sec. 1610.7(b)(3)) to be tested. Each specimen
shall be 50 mm by 150 mm (2 in by 6 in), with the specimen taken from
the direction in which burning is most rapid as established in the
preliminary trials and/or visual examination. Be careful not to make
any identifying marks in the exposed area to be tested.
(iii) Mount specimens. Prior to mounting the specimen, run a
fingernail along the 150 mm (6 in) edge of the fabric not more than 6.4
mm (0.25 in) in from the side to determine the lay of the surface
fibers. All specimens shall be mounted in a specimen holder placed on
the carriage that rides on the brushing device. The specimens shall be
mounted with the side to be burned face up and positioned so the lay of
the surface fibers is going away from the closed end of the specimen
holder. The specimen must be positioned in this manner so that the
brushing procedure described in paragraph (a)(3)(iv) of this section
will raise the surface fibers, i.e., the specimen is brushed against
the direction of the lay of the surface fibers. The specimen shall be
placed between the two metal plates of the specimen holder and clamped.
(iv) Brush specimens. After mounting in the specimen holder (and
with the holder still on the carriage that rides on the brushing
device) each specimen shall be brushed one time. The carriage is pushed
to the rear of the brushing device, see Figure 7, and the brush, see
Figure 8, 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. See Figure 9.
(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[deg] 3[deg] C (221 [deg] 5[deg] F)
removed from the oven and placed over a bed of anhydrous silica gel
dessicant in a desiccator until cool, but not less than 15 minutes.
(vi) Conduct flammability test. Follow the procedure in paragraph
(c) of this section and follow the test sequence in Sec. 1610.7(b)(3).
(b) Step 2--Refurbishing and testing after refurbishing.
(1) The refurbishing procedures are the same for both plain surface
textile fabrics and raised fiber surface textile fabrics. Those samples
that result in a Class 3, Rapid and Intense Burning after Step 1
testing in the original state shall not be refurbished and shall not
undergo Step 2.
(i) Dry cleaning procedure. (A) All samples shall be dry cleaned
before they undergo the laundering procedure. Samples shall be dry
cleaned in a commercial dry cleaning machine, using the following
prescribed conditions:

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

Samples shall be dry cleaned in a load that is 80% of the machine's
capacity.

(B) If necessary, ballast consisting of clean textile pieces or
garments, white or light in color and consisting of approximately 80%
wool fabric pieces and 20% cotton fabric pieces, 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
124-2006 ``Appearance of Fabrics after Repeated Home Laundering''
(incorporated by reference at Sec. 1610.6(b)(1)(B)(iii)). Washing
shall be performed in accordance with sections 8.2.2 and 8.2.3 of AATCC
Test Method 124-2006 using AATCC 1993 Standard Reference Detergent,
powder and wash water temperature (IV) (120[deg] * 50* F; 49* * 30* C)
specified in Table II of that method, and the water level, agitator
speed, washing time, spin speed and final spin cycle specified for
``Normal/Cotton Sturdy'' in Table III. A maximum wash load shall be 8
pounds (3.63 kg) and may consist of any combination of test samples and
dummy pieces. Drying shall be performed in accordance with section
8.3.1(A) of that test method, Tumble Dry, using the exhaust temperature
(150[deg] * 10 [deg]F; 66[deg] * 5 [deg]C) and cool down time of 10
minutes specified in the ``Durable Press'' conditions of Table IV.
(iii) AATCC Test Method 124-2006 ``Appearance of Fabrics after
Repeated Home Laundering,'' is incorporated by reference. The Director
of the Federal Register approves this incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a
copy from the American Association of Textile Chemists and Colorists,
P.O. Box 12215, Research Triangle Park, North Carolina 27709. You may
inspect a copy at the Office of the Secretary, Consumer Product Safety
Commission, Room 502, 4330 East West Highway, Bethesda, Maryland 20814
or at the National Archives and Records Administration (NARA). For

[[Page 15645]]

information on the availability of this material at NARA, call 202-741-
6030, or go to http://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html.
(2) Testing plain surface textile fabrics after refurbishing. The
test procedure is the same as for Step 1--Testing in the original state
described in paragraph (a)(1) of this section; also follow the test
sequence Sec. 1610.7(b)(2).
(3) Testing raised fiber surface textile fabrics after
refurbishing. The test procedure is the same as for Step 1--Testing in
the original state as described in paragraph (a)(3) of this section;
also follow the test sequence in Sec. 1610.7(b)(4).
(c) Procedure for testing flammability. (1) The test chamber shall
be located under the hood (or other suitable enclosure) with the fan
turned off. Open the control valve in the fuel supply. Allow
approximately 5 minutes for the air to be drawn from the fuel line,
ignite the gas and adjust the test flame to a length of 16 mm (\5/8\
in), measured from its tip to the opening in the gas nozzle.
(2) Remove one mounted specimen from the desiccator at a time and
place it in position on the specimen rack in the chamber of the
apparatus. Thick fabrics may require adjustment of the specimen rack so
that the tip of the indicator finger just touches the surface of the
specimen.
(3) Adjust the position of the specimen rack of the flammability
test chamber so that the tip of the indicator finger just touches the
face of the mounted specimen.
(4) String the stop thread through the guides in the upper plate of
the specimen holder across the top of the specimen, and through any
other thread guide(s) of the chamber. Hook the stop weight in place
close to and just below the stop weight thread guide. Set the timing
mechanism to zero. Close the door of the flammability test chamber.
(5) Begin the test within 45 seconds of the time the specimen was
removed from the desiccator. Activate the trigger device to impinge the
test flame. The trigger device controls the impingement of the test
flame onto the specimen and starts the timing device. The timing is
automatic and stops when the weight is released by the severing of the
stop thread.
(6) At the end of each test, turn on the hood fan to exhaust any
fumes or smoke produced during the test.
(7) Record the burn time (reading of the timer) for each specimen,
along with visual observation using the test result codes given in
Sec. 1610.8. If there is no burn time, record the visual observation
using the test result codes. Please note for raised-fiber surface
textile fabrics, specimens should be allowed to continue burning, even
though a burn rate is measured, to determine if the base fabric will
fuse.
(8) After exhausting all fumes and smoke produced during the test,
turn off the fan before testing the next specimen.

Sec. 1610.7 Test sequence and classification criteria.

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

[[Page 15646]]

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

Sec. 1610.8 Reporting results.

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

DNI Did not ignite.
IBE Ignited, but extinguished.
--.-- sec. Actual burn time measured and recorded by the timing device.

(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 starting at places
other

[[Page 15647]]

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

Subpart B--Rules and Regulations

Sec. 1610.31 Definitions.

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

Sec. 1610.32 General requirements.

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

Sec. 1610.33 Test procedures for textile fabrics and film.

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

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

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

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

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

[[Page 15648]]

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

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

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

Sec. 1610.37 Reasonable and representative tests to support
guaranties.

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

[[Page 15649]]

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

Sec. 1610.38 Maintenance of records by those furnishing guaranties.

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

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

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

[[Page 15650]]

(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.
(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)of the Act 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) of the Act does not authorize the sale or
offering for sale of any article of wearing apparel or textile fabric
which is in fact dangerously flammable at the time of sale or offering
for sale, even though the seller intends to ship the article for
treatment prior to delivery to the purchaser or has already done so.
Moreover, under section 3 of the Act a person is liable for a
subsequent sale or offering for sale if, despite the purported
completion of treatment to render it not dangerously flammable, the
article in fact remains dangerously flammable.

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

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

Subpart C--Interpretations and Policies

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

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

[[Page 15651]]

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 seizure actions in
federal district court against violative textiles, seeking an order
through an administrative proceeding that a firm cease and desist from
selling violative garments, pursuing criminal penalties, or seeking the
imposition of civil penalties for ``knowing'' violations of the Act. Of
particular relevance to the latter two remedies is whether reasonable
and representative tests were performed demonstrating that a textile or
garment meets the flammability standards for general wearing apparel.
Persons who willfully violate flammability standards are subject to
criminal penalties.
(4) Section 8(a) of the Act, 15 U.S.C. 1197(a), exempts a firm from
the imposition of criminal penalties if the firm establishes that a
guaranty was received in good faith signed by and containing the name
and address of the person who manufactured the guarantied wearing
apparel or textiles or from whom the apparel or textiles were received.
A guaranty issued by a person who is not a resident of the United
States may not be relied upon as a bar to prosecution. 16 CFR 1608.4.
The guaranty must be based on the exempted types of fabrics or on
reasonable and representative tests showing that the fabric covered by
the guaranty or used in the wearing apparel covered by the guaranty is
not so highly flammable as to be dangerous when worn by individuals,
i.e., is not a Class 3 material. (The person proffering a guaranty to
the Commission must also not, by further processing, have affected the
flammability of the fabric, related material or product covered by the
guaranty that was received.) Under Sec. 1610.37, a person, to issue a
guaranty, should first evaluate the type of fabric to determine if it
meets testing exemptions in accordance with Sec. 1610.1(d). (Some
textiles never exhibit unusual burning characteristics and need not be
tested.)
Sec. 1610.1(d). Such textiles include plain surface fabrics,
regardless of fiber content, weighing 2.6 oz. or more per sq. yd., and
plain and raised surface fabrics made of acrylic, modacrylic, nylon,
olefin, polyester, wool, or any combination of these fibers, regardless
of weight.) If no exemptions apply, the person issuing the guaranty
must devise and implement a program of reasonable and representative
tests to support the guaranty. The number of tests and frequency of
testing is left to the discretion of that person, but at least one test
is required.
(5) In determining whether a firm has committed a ``knowing''
violation of a flammability standard that warrants imposition of a
civil penalty, the CPSC considers whether the firm had actual knowledge
that its products violated the flammability requirements. The CPSC also
considers whether the firm should be presumed to have the knowledge
that would be possessed by a reasonable person acting in the
circumstances, including knowledge that would have been obtainable upon
the exercise of due care to ascertain the truth of representations. 15
U.S.C. 1194(e). The existence of results of flammability testing based
on a reasonable and representative program and, in the case of tests
performed by another entity (such as a guarantor), the steps, if any,
that the firm took to verify the existence and reliability of such
tests, bear directly on whether the firm acted reasonably in the
circumstances.
(b) Applicability. (1) When tested for flammability, a small number
of textile products exhibit variability in the test results; that is,
even though they may exhibit Class 1 or Class 2 burning characteristics
in one test, a third test may result in a Class 3 failure. Violative
products that the Commission has discovered between 1994 and 1998
include sheer 100% rayon skirts and scarves; sheer 100% silk scarves;
100% rayon chenille sweaters; rayon/nylon chenille and long hair
sweaters; polyester/cotton and 100% cotton fleece/sherpa garments, and
100% cotton terry cloth robes. Between August 1994 and August 1998,
there have been 21 recalls of such dangerously flammable clothing, and
six retailers have paid civil penalties to settle Commission staff
allegations that they knowingly sold garments that violated the general
wearing apparel standard.
(2) The violations and resulting recalls and civil penalties
demonstrate the critical necessity for manufacturers, distributors,
importers, and retailers to evaluate, prior to sale, the flammability
of garments made from the materials described above, or to seek
appropriate guaranties that assure that the garments comply. Because of
the likelihood of variable flammability in the small group of textiles
identified above, one test is insufficient to assure reasonably that
these products comply with the flammability standards. Rather, a person
seeking to evaluate garments made of such materials should assure that
the program tests a sufficient number of samples to provide adequate
assurance that such textile products comply with the general wearing
apparel standard. The number of samples to be tested, and the
corresponding degree of confidence that products tested will comply,
are to be specified by the individual designing the test program.
However, in assessing the reasonableness of a test program, the
Commission staff will specifically consider the degree of confidence
that the program provides.
(c) Suggestions. The following are some suggestions to assist in
complying with the Standard:
(1) Purchase fabrics or garments that meet testing exemptions
listed in Sec. 1610.1(d). (If buyers or other personnel do not have
skills to determine if the fabric is exempted, hire a textile
consultant or a test lab for an evaluation.)
(2) For fabrics that are not exempt, conduct reasonable and
representative testing before cutting and sewing, using standard
operating characteristic curves for acceptance sampling to determine a
sufficient number of tests.
(3) Purchase fabrics or garments that have been guarantied and/or
tested by the supplier using a reasonable and representative test
program that uses standard operating characteristic curves for
acceptance sampling to determine a sufficient number of tests. Firms
should also receive and maintain a copy of the guaranty.
(4) Periodically verify that your suppliers are actually conducting
appropriate testing.
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Dated: March 13, 2008.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.

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

Appendix--List of Relevant Documents

(The following documents are available from the Commission's Office
of the Secretary, Consumer Product Safety Commission, Room 502, 4330
East West Highway, Bethesda, Maryland 20814-4408; telephone (301)
504-7923 or from the Commission's Web site (http://www.cpsc.gov/
library/foia/foia.html )).

1. Briefing memorandum from Robert J. Howell, Acting Assistant
Executive Director, EXHR and Patricia K. Adair, Project Manager,
Directorate for Engineering Sciences, to the Commission, ``Draft
Final Amendments to the Standard for the Flammability of Clothing
Textiles, 16 CFR Part 1610,'' January 11, 2008.
2. Memorandum from David Miller, EPHA, Directorate for
Epidemiology, to Patricia K. Adair, Project Manager, ``General
Wearing Apparel Fires--Fatalities and Emergency Department Treated
Injuries,'' December 27, 2007.
3. Memorandum from Dale R. Ray, Directorate for Economic
Analysis, to Patricia K. Adair, Project Manager, ``Final Regulatory
Analyses--Clothing Textiles Standard Amendment,'' August 6, 2007.
4. Memorandum from Gail Stafford and Weiying Tao, Directorate
for Laboratory Sciences, to Patricia K. Adair, Project Manager,
``Response to Comments Received on Notice of Proposed Rulemaking
(NPR) for Updating the Standard for the Flammability of Clothing
Textiles,'' October 22, 2007.
5. Memorandum from John R. Murphy, Division of Mechanical
Engineering, to Patricia K. Adair, Project Manager, ``Response to
Comments Received as a Result of the Notice of Proposed Rulemaking
(NPR) for Updating the Standard for the Flammability of Clothing
Textiles,'' November 16, 2007.
6. Memorandum from Martha A. Kosh, Office of the Secretary, to
ES, ``Proposed Changes to Textile Flammability Standard Comments,''
May 15, 2007.

[FR Doc. E8-5569 Filed 3-24-08; 8:45 am]
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