Rule2023-23388
Standard for the Flammability of Clothing Textiles
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 25, 2023
Effective
April 22, 2024
Issuing agencies
Consumer Product Safety Commission
Abstract
The U.S. Consumer Product Safety Commission (Commission or CPSC) is amending the Standard for the Flammability of Clothing Textiles. The revisions clarify existing provisions, expand permissible equipment and materials for testing, and update equipment requirements that are outdated. The Commission issues this amendment under the authority of the Flammable Fabrics Act.
Full Text
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<title>Federal Register, Volume 88 Issue 205 (Wednesday, October 25, 2023)</title>
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[Federal Register Volume 88, Number 205 (Wednesday, October 25, 2023)]
[Rules and Regulations]
[Pages 73221-73233]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23388]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1610
[Docket No. CPSC-2019-0008]
Standard for the Flammability of Clothing Textiles
AGENCY: Consumer Product Safety Commission.
ACTION: Final rule.
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SUMMARY: The U.S. Consumer Product Safety Commission (Commission or
CPSC) is amending the Standard for the Flammability of Clothing
Textiles. The revisions clarify existing provisions, expand permissible
equipment and materials for testing, and update equipment requirements
that are outdated. The Commission issues this amendment under the
authority of the Flammable Fabrics Act.
DATES: This rule is effective on April 22, 2024. The incorporation by
reference of the publication listed in this rule is approved by the
Director of the Federal Register as of April 22, 2024.
FOR FURTHER INFORMATION CONTACT: Will Cusey, Small Business Ombudsman,
U.S. Consumer Product Safety Commission, 4330 East-West Highway,
Bethesda, MD 20814; telephone (301) 504-7945 or (888) 531-9070; email:
<a href="/cdn-cgi/l/email-protection#a0d3c2cfe0c3d0d3c38ec7cfd6"><span class="__cf_email__" data-cfemail="a9dacbc6e9cad9daca87cec6df">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On September 14, 2022, the Commission published a notice of
proposed rulemaking (NPR), proposing to amend the Standard for the
Flammability of Clothing Textiles at 16 CFR part 1610 (Standard). 87 FR
56289. The Standard was codified under the Flammable Fabrics Act (FFA;
15 U.S.C. 1191-1204). The purpose of the FFA is to prohibit the
importation, manufacture for sale, or sale in commerce of any fabric or
article of wearing apparel that is ``so highly flammable as to be
dangerous when worn by individuals.'' Public Law 83-88, 67 Stat. 111
(June 30, 1953). The Standard accomplishes this by providing a national
standard for testing and rating the flammability of textiles and
textile products used for clothing. The Standard specifies test
equipment, materials, and procedures for testing the flammability of
clothing textiles and prohibits the use of highly flammable textiles in
clothing.
The amendments proposed in the NPR and adopted in this final rule
\1\ aim to clarify existing provisions in the Standard and update the
specifications for materials and equipment that have become outdated.
The amendments do not alter the testing or criteria in the Standard for
determining the flammability of a fabric or whether it is permissible
for use in clothing; rather, they facilitate accurate testing and
classifications by clarifying existing requirements and updating
material and equipment specifications to reflect currently available
materials, equipment, and technologies.
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\1\ The Commission voted 4-0 to approve this rule.
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The amendments proposed in the NPR and adopted in this final rule
address three areas of the Standard. First, they aim to clarify and
streamline the provisions regarding test result codes (i.e., burn
codes), which help determine the classification of a textile and
whether it may be used for clothing. The amendments remove an
unnecessary code and revise wording in the provisions to clarify the
existing requirements. Second, the amendments revise the stop thread
specification, which indicates the thread that must be used in
flammability testing. The description has become unclear, as threads
matching the description in the Standard are no longer readily
available. Third, amendments revise the refurbishing requirements in
the Standard, which address dry cleaning and laundering specimens
during the testing process. In recent years, there have been increasing
restrictions on the use of the dry cleaning solvent specified in the
Standard, and washing machines that meet the specifications required in
the Standard are no longer made.
The NPR and CPSC staff's briefing package supporting it included
detailed information about the need for the amendments, the rationale
for the revisions, and test results illustrating the comparability of
the flammability classifications under the existing Standard and
amendments. The NPR also included detailed information about 16 CFR
1610.40 of the Standard, which permits the use of alternative
apparatus, procedures, or criteria for tests for guaranty purposes.
This allowance permits the continued use of the dry cleaning solvent
and laundering methods in the current Standard by relying on CPSC's
test results demonstrating the comparability of test results under the
current Standard and the amendments.
This final rule adopts the amendments proposed in the NPR, with
only minor modifications. Therefore, this notice focuses on comments
received in response to the NPR and the minor modifications in the
final rule. For detailed information about the amendments, the
rationale for them, the
[[Page 73222]]
comparability of flammability test results under the amendments, and
the allowance in 16 CFR 1610.40, see the NPR and the briefing package
supporting it.\2\
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\2\ The NPR is available at 87 FR 56289 (Sep. 14, 2022). The
briefing package supporting the NPR is available at: https://
www.federalregister.gov/documents/2022/09/14/2022-19505/standard-
for-the-flammability-of-clothing-textiles-notice-of-proposed-
rulemaking#:~:text=The%20purpose%20of%20the%20Standard%20is%20to%20re
duce,procedures%20for%20testing%20the%20flammability%20of%20clothing%
20textiles.
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II. Statutory Requirements for Revising the Standard
The FFA specifies the requirements for the Commission to issue or
amend a flammability standard. To issue a final rule, the Commission
must make certain findings and publish a final regulatory analysis. 15
U.S.C. 1193(b), (j)(1), (j)(2). The Commission must find that each
regulation or amendment:
<bullet> is needed to adequately protect the public from
unreasonable risk of the occurrence of fire leading to death, injury,
or significant property damage;
<bullet> is reasonable, technologically practicable, and
appropriate;
<bullet> is limited to fabrics, related materials, or products that
present such unreasonable risks; and
<bullet> is stated in objective terms.
Id. 1193(b). In addition, to promulgate a regulation, the
Commission must make the following findings and include them in the
rule:
<bullet> if a voluntary standard addressing the risk of injury has
been adopted and implemented, that either compliance with the voluntary
standard is not likely to result in the elimination or adequate
reduction of the risk or injury, or it is unlikely that there will be
substantial compliance with the voluntary standard;
<bullet> that the benefits expected from the rule bear a reasonable
relationship to its costs; and
<bullet> that the rule imposes the least burdensome requirement
that prevents or adequately reduces the risk of injury.
Id. 1193(j)(2).
When issuing a final rule, the Commission must publish a final
regulatory analysis with the regulation, which includes:
<bullet> a description of the potential benefits and costs of the
rule, including benefits and costs that cannot be quantified, and who
is likely to receive the benefits and bear the costs;
<bullet> a description of reasonable alternatives the Commission
considered, their potential costs and benefits, and the reasons the
Commission did not choose the alternatives; and
<bullet> a summary of significant issues raised by commenters in
response to the preliminary regulatory analysis and the Commission's
assessment of them.
Id. 1193(j)(1).
III. The Product and Risk of Injury <SUP>3</SUP>
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\3\ For detailed information about the risk of injury, see Tab A
of staff's briefing package supporting this document, available at:
<a href="https://www.cpsc.gov/s3fs-public/Final-Rule-to-Amend-the-Standard-for-the-Flammability-of-Clothing-Textiles-16-CFR-part-1610.pdf?VersionId=387WEbeX45Rw24bthoqIaxkMAExYy5eB">https://www.cpsc.gov/s3fs-public/Final-Rule-to-Amend-the-Standard-for-the-Flammability-of-Clothing-Textiles-16-CFR-part-1610.pdf?VersionId=387WEbeX45Rw24bthoqIaxkMAExYy5eB</a>.
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The Standard applies to all items of clothing and fabrics intended
to be used for clothing (i.e., articles of wearing apparel), whether
for adults or children, for daywear or nightwear,\4\ with certain
listed exclusions.\5\
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\4\ Other regulations governing the flammability of children's
sleepwear, in 16 CFR parts 1615 and 1616, are more stringent than
the general wearing apparel flammability standard in 16 CFR part
1610. The amendments in this document would not affect the
children's sleepwear standards.
\5\ Excluded products include certain hats, gloves, footwear,
interlining fabrics, plain surface fabrics meeting specified
criteria, and fabrics made from certain fibers that, from years of
testing, have been shown to consistently yield acceptable results
when tested in accordance with the Standard. 16 CFR 1610.1(c), (d).
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Between January 1, 2017, and December 31, 2021 (the most recent
years for which data are available), there were an average of 85.8
deaths annually in the United States that involved ignition of
clothing. An average of 2.6 of these fatalities involved ignition or
melting of nightwear, and an average of 83.2 of these fatalities
involved ignition or melting of other clothing. Between 2000 and 2021,
the number of clothing fire deaths declined, overall. In addition,
using CPSC's National Electronic Injury Surveillance System (NEISS),\6\
staff estimates that between January 1, 2018, and December 31, 2022
(the most recent year for which data are complete), an average of 5,500
nonfatal injuries per year were associated with clothing ignition and
treated in U.S. hospital emergency departments.
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\6\ NEISS uses a probability sample of hospitals in the United
States that represent all U.S. hospitals with emergency departments
to identify and generate national estimates of nonfatal injuries
treated in emergency departments.
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IV. Comments on the NPR
In response to the NPR, CPSC received comments from four
commenters: American Apparel and Footwear Association (AAFA), China
WTO/TBT National Notification and Inquiry Center (China), a George
Washington University student (student), and Consumer Safety
Consultancy (CSC). Commenters generally supported updating the Standard
and the amendments proposed in the NPR. This section summarizes the
comments and responds to them; for a more detailed review of the
comments, see Tab B in CPSC staff's briefing package supporting this
rule.
A. Test Results Codes
Background: Table 1 to section 1610.4 of the Standard states, among
other things, that a raised surface textile fabric is Class 1 if ``burn
time is 0-7 seconds with no base burns (SFBB).'' In the NPR, the
Commission proposed to replace the wording ``with no base burns
(SFBB)'' in this description with ``with no SFBB burn code.'' The
purpose of the proposed revision was to clarify the existing criteria
for classifications of raised surface textile fabrics by referencing
burn code SFBB more clearly, because two similar codes (SFBB poi and
SFBB poi*) do not meet the criteria stated in the table.
Comment: CSC expressed confusion with the proposed revision,
asserting that the description for Class 1 raised surface textile
fabrics should state, ``Average Burn time is 0-7 seconds with surface
flash only;'' that Table 1 is the general criteria for classification;
and that the full discussion of how to classify is in section 1610.7.
Response: As explained in the NPR, the Class 1 description for
raised surface textile fabrics in Table 1 indicates that if a fabric
has a burn time between 0 and 7 seconds, it can only be Class 1 if it
exhibits rapid surface flash only, and no base burns. Although there
are three burn codes that indicate that a base burn occurred--SFBB,
SFBB poi, and SFBB poi*--only SFBB is relevant to this determination
because it applies when the base burn occurs as a result of the surface
flash. In contrast, SFBB poi and SFBB poi* only have a base burn due to
the flame that impinges on the fabric, not from the intensity of the
surface of the fabric itself burning. As such, only fabrics with burn
code SFBB, and not SFBB poi and SFBB poi*, are excluded from being
Class 1. As the definition of ``base burn'' in section 1610.2(a)
indicates, SFBB poi and SFBB poi* are not considered in determining a
Class 3 fabric. However, staff is aware that some testers are confused
by these provisions and incorrectly use SFBB poi and SFBB poi* as
``base burn'' codes for determining Class 3 fabrics. As such, the
amendment clarifies the specific burn code--SFBB--being referenced. In
addition, although CSC is correct that the regulatory text in the
Standard provides a full discussion of classification, Table 1 to
section 1610.4 provides a useful summary.
Background: In the NPR, the Commission proposed to add a note to
[[Page 73223]]
Table 1 to section 1610.4, stating that burn codes SFBB poi and SFBB
poi* are not considered a base burn for purposes of determining Class 2
and 3 fabrics. Class 2 and 3 descriptions for raised surface textile
fabrics in the table specify that fabrics in these classes exhibit base
burns (SFBB). Only fabrics with a burn code of SFBB, and not SFBB poi
and SFBB poi*, have a base burn that occurs as a result of the surface
flash rather than from the point of impingement of the burner. Although
Table 1 already references burn code SFBB for the Class 2 and 3
descriptions, the purpose of the added note is to make clear that SFBB
refers only to that specific code, and not the other two base burn
codes.
Comment: In reference to this proposed revision, CSC stated that
Table 1 is only a summary of the requirements for classification and it
is confusing to put partial information in the table. CSC asserted that
the information for evaluating SFBB poi and SFBB poi* for determining
classifications should be in section 1610.7.
Response: As noted above, staff is aware that some testers
incorrectly use SFBB poi and SFBB poi* as ``base burn'' codes,
resulting in classifying fabrics as Class 3 when they should be
designated as Class 1. The added note in Table 1 will make clear that
SFBB poi and SFBB poi* are not used to determine Class 3 fabrics.
Again, although CSC is correct that the regulatory text in the Standard
provides a full discussion of classification, Table 1 provides a useful
summary.
Background: In the NPR, the Commission proposed to streamline
section 1610.8, which lists the burn codes and requirements relevant to
them, by consolidating similar codes. The Commission proposed to
combine burn codes SF uc, SF pw, and SF poi into a single new burn
code, SF ntr (no time recorded, does not break stop thread). The three
existing codes all describe burning behavior that does not have enough
intensity to break the stop thread and, accordingly, have no burn time
and all result in a fabric being Class 1. As the NPR explained, the
rationale for the proposed change was that the purpose of burn codes is
to determine the classification of fabrics, making it unnecessary to
have all three of these codes, which do not result in different
classifications.
Comment: CSC objected to this proposed change, noting that the
codes reflect observations about the intensity of burning, which can
indicate to testers or manufacturers characteristics of the fabric or
that additional testing may be useful.
Response: CPSC agrees that the different burn codes can be helpful
to indicate the flammability of a fabric, whether additional testing
may be useful, and whether a fabric should be used. Accordingly, the
Commission is not adopting the amendment proposed in the NPR to
consolidate the three burn codes into a single code, SF ntr. Instead,
the Commission is retaining burn codes SF poi, SF pw and SF uc as
separate codes. However, to streamline the burn codes for raised
surface textile fabrics, the Commission is revising the order of the
burn codes for raised surface textile fabrics in section 1610.8(b)(2).
See the discussion of the final rule amendments, below, for further
explanation.
B. Stop Thread Specification
Comment: All four commenters agreed that the stop thread
description needs to be updated. In support of the proposed amendment,
AAFA noted that laboratories had reported difficulty in sourcing
threads and agreed that a range of Tex \7\ sizes was a good option. Two
commenters (China and CSC) questioned whether additional testing should
be done to identify an appropriate stop thread, specifically suggesting
testing with raised surface textile fabrics and Class 3 fabrics (i.e.,
dangerously flammable fabrics), respectively.
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\7\ The Tex system is commonly used to define thread size.
``Tex'' is defined as the weight, in grams, of 1,000 meters of yarn
and is determined by measuring and weighing cotton threads and
calculating linear density.
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Response: As explained in the NPR, staff conducted testing to
identify a thread specification that would yield comparable
flammability results to the thread currently specified in the Standard,
while providing greater clarity about the thread required and using a
description that is readily available on the market. Staff did not use
raised surface textile fabrics or Class 3 fabrics in the thread
comparison study. The objective of the study was to examine the effect
of different stop threads on the burn times under the Standard, so
staff aimed to keep as many parameters constant as possible to observe
burn time changes that resulted from changing only the stop thread.
Staff used plain surface textile fabric, rather than raised surface
textile fabric, because it typically has less variation in burn
behavior between specimens. Staff did not use Class 3 fabric because it
would be more difficult to observe the effect of the thread type on
burn times if the burn times were all clustered close to 0 seconds.
C. Refurbishing Specifications
AAFA, China, and the student commenter all expressed support for
updating the refurbishing procedures; CSC did not offer comments on
this topic.
V. Final Rule Amendments
As noted above, the final rule adopts the amendments proposed in
the NPR with only minor modifications. For a detailed explanation of
the amendments, the rationale for them, and the testing and information
supporting them, see the NPR and briefing package supporting it. This
section describes the modifications to the amendments proposed in the
NPR that the Commission is adopting in this final rule.
A. Test Results Codes
Currently, section 1610.8(b)(2) of the Standard provides eight
possible burn codes for raised surface textile fabrics, which help
determine the classification of a fabric. In the NPR, the Commission
proposed to update the list of burn codes for raised surface textile
fabrics to consolidate redundant codes, eliminate unnecessary and
unclear codes, and improve clarity. One such revision proposed to
combine three burn codes--SF uc, SF pw, and SF poi--into a single new
burn code, SF ntr (no time recorded, does not break stop thread). The
rationale was that these three codes all describe burning behavior that
does not have enough intensity to break the stop thread and,
accordingly, have no burn time and all result in a fabric being Class
1. Consolidating the three codes would result in the same
classifications, but would streamline the regulation.
However, as noted above, CSC pointed out that these three codes can
be useful because they indicate different burn behaviors, which can
provide information about the characteristics or flammability of the
fabric or result in testers or manufacturers opting to conduct further
testing. As such, it is helpful to retain the three separate codes, as
currently written in the regulations. Accordingly, the Commission is
retaining the three separate codes. However, to accomplish the
objective of streamlining the burn code list to make them easier to
follow, the Commission is revising the order of the burn codes in
section 1610.8(b)(2), as follows: \8\ SFBB; SFBB poi; SFBB poi*; SF
only; SF poi; SF uc; SF pw.
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\8\ Note that, as proposed in the NPR, the burn code ``_._sec.''
is being removed from the list of burn codes for raised surface
textile fabrics.
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This order puts the codes used for identifying more flammable and
[[Page 73224]]
dangerous fabrics (i.e., Class 2 and 3) at the top of the list. Burn
code SFBB is first in the list because this code, along with burn time,
identifies the most flammable and hazardous fabrics--Class 2 and 3. The
next codes--SFBB poi and SFBB poi*--also involve the flame burning
through the base of the specimen, but are not considered base burns.
The next code, SF only, is the next most hazardous because it involves
the flame traveling the length of the specimen, although the flame does
not burn through the base. The remaining codes--SF poi, SF uc, and SF
pw--describe burning behavior that poses the least risk, as these all
indicate Class 1 fabrics that do not have a burn time and merely
describe burn behavior. This revision accomplishes the streamlining of
burn codes proposed in the NPR, by allowing testers to identify the
most hazardous fabrics first and, thereby, potentially eliminates the
need for further testing. However, this revision does not substantively
alter the burn codes or their criteria and the resulting
classifications.
B. Stop Thread Specification
In the NPR, the Commission proposed to amend the description of
stop thread in section 1610.2(p) and section 1610.5(a)(2)(ii) of the
Standard to state that it consists of a spool of ``3-ply, white,
mercerized, 100% cotton sewing thread, with a Tex size of 35 to 45
Tex.'' In this final rule, the Commission adopts that proposed
amendment, but revises ``Tex size of 35 to 45 Tex'' to state, ``a Tex
size of 40 <plus-minus>5.'' This is substantively the same as the NPR
and provides the same Tex range as proposed in the NPR, but stating the
range with an absolute value is more consistent with other ranges
stated in the Standard and, therefore, provides greater clarity and
consistency.
C. Refurbishing Specifications
The amendments to the refurbishing specifications proposed in the
NPR are adopted in this final rule, without revisions.
VI. Section 1610.40--Use of Alternate Apparatus, Procedures, or
Criteria for Tests for Guaranty Purposes
As explained in the NPR, section 1610.40 of the Standard permits
the use of alternative apparatus, procedures, or criteria for tests for
guaranty purposes. The FFA states that no person will be subject to
prosecution for failing to comply with flammability requirements if
that person has a guaranty, meeting specific requirements, that
indicates that reasonable and representative tests confirmed compliance
with flammability requirements issued under the statute. 15 U.S.C.
1197. For purposes of supporting guaranties, section 1610.40(c) of the
Standard states that ``reasonable and representative tests'' could be
either the flammability tests required in the Standard or ``alternate
tests which utilize apparatus or procedures other than those'' in the
Standard. The Standard specifies that for persons or firms issuing
guaranties to use an alternative apparatus or procedure, the
alternative must be ``as stringent as, or more stringent than'' the
test in the Standard, which the Commission will consider met ``if, when
testing identical specimens, the alternative test yields failing
results as often as, or more often than,'' the test in the Standard.
Section 1610.40 sets out conditions for using this allowance. A
person or firm using the allowance ``must have data or information to
demonstrate that the alternative test is as stringent as, or more
stringent than,'' the test in the Standard, and retain that information
while using the alternative and for one year after. 16 CFR
1610.40(d)(1), (2), (3), and (f). Section 1610.40 specifies that the
Commission will test fabrics in accordance with the Standard and will
consider any failing results evidence of non-compliance and a false
guaranty. Id. 1610.40(e), (g).
As proposed in the NPR, this final rule updates the washing machine
specifications in the Standard. However, as explained in the NPR, for
purposes of 16 CFR 1610.40, the Commission also concludes that the
testing CPSC staff conducted that is discussed in the NPR and in full
detail in Tabs D and E of the briefing package supporting the NPR \9\
constitutes information demonstrating that the washing procedure
specified in the current Standard, as stated below, is as stringent as
the washing procedure in AATCC LP1-2021, Laboratory Procedure for Home
Laundering: Machine Washing, 2021 (AATCC LP1-2021) that is required in
this amendment. The washing procedure in the current Standard is:
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\9\ The NPR is available at 87 FR 56289 (Sep. 14, 2022). The
briefing package supporting the NPR is available at: https://
www.federalregister.gov/documents/2022/09/14/2022-19505/standard-
for-the-flammability-of-clothing-textiles-notice-of-proposed-
rulemaking#:~:text=The%20purpose%20of%20the%20Standard%20is%20to%20re
duce,procedures%20for%20testing%20the%20flammability%20of%20clothing%
20textiles.
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<bullet> in compliance 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 (AATCC TM124-2006),
<bullet> using AATCC 1993 Standard Reference Detergent, powder,
<bullet> with wash water temperature (IV) (120[deg] <plus-minus>5
[deg]F; 49[deg] <plus-minus>3 [deg]C) specified in Table II of AATCC
TM124-2006,
<bullet> using water level, agitation speed, washing time, spin
speed and final spin cycle for ``Normal/Cotton Sturdy'' in Table III of
AATCC TM124-2006, and
<bullet> with a maximum wash load of 8 pounds (3.63 kg) and
consisting of any combination of test samples and dummy pieces.
If firms rely on this information and conform to the other
requirements in section 1610.40, this will provide an option for them
to continue to use washing machines that comply with the provisions in
AATCC TM124-2006 in the current Standard.
Likewise, this final rule updates the drying machine specifications
in the Standard. However, as with the washing machine specification,
for purposes of 16 CFR 1610.40 the Commission concludes that the
testing CPSC staff conducted that is provided in the NPR and in full
detail in Tabs D and E of the briefing package supporting the NPR \10\
constitutes information demonstrating that the drying procedure
specified in the current Standard, as stated below, is as stringent as
the drying procedure in AATCC LP1-2021 that is required in this
amendment. The drying procedure in the current Standard is:
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\10\ The NPR is available at 87 FR 56289 (Sep. 14, 2022). The
briefing package supporting the NPR is available at: https://
www.federalregister.gov/documents/2022/09/14/2022-19505/standard-
for-the-flammability-of-clothing-textiles-notice-of-proposed-
rulemaking#:~:text=The%20purpose%20of%20the%20Standard%20is%20to%20re
duce,procedures%20for%20testing%20the%20flammability%20of%20clothing%
20textiles.
---------------------------------------------------------------------------
<bullet> in compliance with section 8.3.1(A), Tumble Dry, of AATCC
TM124-2006,
<bullet> using the exhaust temperature (150[deg] <plus-minus>10
[deg]F; 66[deg] <plus-minus>5 [deg]C) specified in Table IV, ``Durable
Press,'' of AATCC TM124-2006, and
<bullet> with a cool down time of 10 minutes specified Table IV,
``Durable Press,'' of AATCC TM124-2006.
If firms rely on this information and conform to the other
requirements in section 1610.40, this will provide an option for them
to continue to use dryers that comply with the provisions in AATCC
TM124-2006 in the current Standard.
VII. Relevant Existing Standards
CPSC staff reviewed and assessed several voluntary and
international standards that are relevant to clothing flammability:
<bullet> AATCC TM124;
[[Page 73225]]
<bullet> AATCC LP1-2021;
<bullet> ASTM D1230-22, Standard Test Method for Flammability of
Apparel Textiles; and
<bullet> Canadian General Standards Board Standard CAN/CGSB-4.2 No.
27.5, Textile Test Method Flame Resistance--45[deg] Angle Test--One-
Second Flame Impingement.
As explained in the NPR, AATCC TM124-2006 is currently incorporated
by reference into the Standard as part of the laundering requirements,
but washing machines that meet this specification are no longer
available on the market. The current version, AATCC TM124-2018,
includes washing and drying specifications that are the same as AATCC
LP1-2021. However, AATCC TM124 is not a flammability standard; rather,
it is intended to evaluate the smoothness appearance of fabrics after
repeated home laundering. As such, it contains provisions that are not
relevant to flammability testing and lacks provisions that are
necessary for flammability testing.
Similarly, the Commission is incorporating by reference portions of
AATCC LP1-2021, but this standard also does not include full
flammability testing and classification requirements because it is
intended as a stand-alone laundering protocol, for use with other test
methods. As such, it also contains provisions that are not relevant to
flammability testing and lacks provisions that are necessary for
flammability testing.
ASTM D1230 is similar to the Standard but contains similar issues
to those this rule aims to address (e.g., same unclear stop thread
description as the Standard), and it contains different laundering
specifications, terminology, and burn codes. As such, the Commission is
not adopting provisions from ASTM D1230 because it would not provide
the needed clarity that the amendments in this notice provide and would
unnecessarily alter provisions in the Standard.
The Canadian standard also is similar to the Standard, but includes
several differences from longstanding provisions in the Standard, such
as stop thread specifications. Accordingly, adopting provisions from
the Canadian standard would unnecessarily alter the Standard when the
purpose of the amendments in this rule is to minimize changes to
flammability test results while improving the clarity and usability of
the Standard.
VIII. Final Regulatory Analysis
The Commission is issuing this amendment under the FFA, which
requires that a final rule include a final regulatory analysis. 15
U.S.C. 1193(j). The following discussion is based on staff's final
regulatory analysis, available in Tab C of the final rule briefing
package.\11\
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\11\ Staff's briefing package supporting this document is
available at: <a href="https://www.cpsc.gov/s3fs-public/Final-Rule-to-Amend-the-Standard-for-the-Flammability-of-Clothing-Textiles-16-CFR-part-1610.pdf?VersionId=387WEbeX45Rw24bthoqIaxkMAExYy5eB">https://www.cpsc.gov/s3fs-public/Final-Rule-to-Amend-the-Standard-for-the-Flammability-of-Clothing-Textiles-16-CFR-part-1610.pdf?VersionId=387WEbeX45Rw24bthoqIaxkMAExYy5eB</a>.
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A. Description of Potential Costs and Benefits of the Amended Rule
The final regulatory analysis must include a description of the
potential benefits and costs of the rule, including unquantifiable
benefits and costs.
1. Potential Benefits
The primary benefit of the amendments is a reduction of burdens for
testing laboratories by clarifying existing requirements and updating
the specifications for stop thread, dry cleaning, and laundering to
include options that are identifiable, permissible for use, and
currently available. In addition, the amendments should improve
consumer safety because the amendments provide comparable flammability
results to the current Standard but would improve testing laboratories'
abilities to conduct testing and obtain consistent and reliable
results. This should improve consumer safety by ensuring that textiles
intended for use in clothing are properly tested and classified so that
dangerously flammable textiles are not used in clothing. Staff is
unable to quantify these potential benefits but estimates that these
benefits are likely to be small.
Burn Codes. The amendments to burn codes clarify and streamline
these provisions of the Standard, which staff expects will improve the
consistency and reliability of flammability testing results and
classifications. More consistent and reliable test results, in turn,
may provide some safety benefit to consumers, while reducing testing
burdens for testing laboratories. Because these amendments are intended
to clarify existing provisions and do not change current requirements
for testing or classification, staff expects that they will provide a
small amount of unquantifiable benefits.
Stop Thread. The amendments to the stop thread specification in the
Standard clarify the type of thread required by using the Tex system,
which is commonly used and understood by the industry, to define the
thread size. The amendments also expand the range of threads
permissible for use under the Standard by providing a range of
permissible Tex sizes, rather than specifying a single thread
specification, as the current Standard does. As such, the amendments
clarify the requirements, which may have consumer safety benefits by
yielding more consistent and reliable test results so that the
flammability of fabrics are accurately identified. However, these
benefits are expected to be small since the amendments provide
comparable test results and classifications to the current Standard.
The amendments also may ease burdens on testing laboratories, by making
it easier to identify compliant thread and by making more threads
permissible for use. Therefore, staff expects that these amendments
will provide a small amount of unquantifiable benefits.
Dry Cleaning Specification. The amendments to the dry cleaning
specification continue to allow use of perchloroethylene solvent, but
add an additional specification, as an alternative, to accommodate
testing laboratories that are unable to use the solvent currently
specified in the Standard. The alternative specification, using
hydrocarbon solvent, provides comparable flammability results to the
perchloroethylene solvent specified in the Standard. CPSC staff
assesses that the hydrocarbon solvent is comparable (or lower) in cost
than other alternatives. Therefore, staff expects the amendments to
reduce burdens on testing laboratories by providing an additional
alternative for laboratories that are subject to restrictions on the
use of perchloroethylene.
Laundering Specification. The amendments to the washing
specifications provide a specification that can be met by machines that
are currently on the market. Staff expects that this will reduce
burdens on testing laboratories because it will eliminate the need to
maintain and repair older machines and allow those testing laboratories
that can no longer maintain or obtain washing machines that comply with
the current Standard to continue to test to the Standard. Staff expects
the amendments to the drying specifications will provide benefits as
well. By requiring the use of the same standard for both washing and
drying, these amendments streamline the requirements for testing
laboratories, making it less cumbersome and less costly than obtaining
and following two standards. Moreover, AATCC LP1-2021 is already
familiar to many testing laboratories since it is used for other
standards as well; as such, using this standard should be clear and low
cost. In addition, requiring the use of a single standard (rather than
referencing two standards) that is widely familiar to
[[Page 73226]]
industry members should reduce the risk of confusion or testing errors,
which may have some safety benefits for consumers by yielding
consistent and reliable test results and classifications.
2. Potential Costs
Burn Codes. The amendments regarding burn codes clarify and
streamline existing requirements, and do not change any testing,
flammability results, or classification criteria. As such, staff does
not expect these amendments to have any notable costs.
Stop Thread. The amendments regarding the stop thread specification
clarify and expand the range of permissible threads. They do not change
any testing, flammability results, or classification criteria. As
staff's testing indicates, thread that meets the current specification
in the Standard would comply with the amendments, and the amendments
would allow for the use of a wider range of threads than the current
Standard. This will allow testing laboratories to continue to use their
existing thread or more easily obtain compliant thread by providing a
wider range of options. Therefore, staff does not expect these
amendments to have any notable costs.
Dry Cleaning Specification. The amendments to the dry cleaning
specification allow for the continued use of perchloroethylene solvent,
but also provide an additional alternative specification using
hydrocarbon solvent. The amendments do not change any testing
requirements or criteria and, as staff's testing demonstrates, the
hydrocarbon alternative provides comparable flammability results and
classifications to the perchloroethylene specification. As such,
testing laboratories could continue to use the existing specification,
but will also have an additional option for complying with the
Standard. Therefore, staff does not expect these amendments to have any
notable costs.
Laundering Specification. The amendments regarding the washing
specification will require different washing machines than those that
currently comply with the Standard, because those machines are no
longer available on the market. However, firms have the option to
continue using machines that comply with the current Standard under 16
CFR 1610.40, thereby avoiding the need to obtain new washing machines.
As explained in the NPR and in this notice, the Commission concludes
that, for purposes of 16 CFR 1610.40, the testing CPSC staff conducted
that was provided in the NPR and in full detail in Tabs D and E of the
briefing package supporting the NPR constitutes information
demonstrating that the washing procedure specified in the current
Standard is as stringent as the washing procedure in AATCC LP1-2021
that is adopted in this notice. Therefore, if firms rely on this
information and conform to the other requirements in section 1610.40,
this will provide an option for them to continue to use washing
machines that comply with the provisions in AATCC TM124-2006 in the
current Standard. This alternative would impose no costs, as testing
laboratories could continue to use their existing compliant machines.
Although staff does not expect the amendments to the washing
specifications to impose any costs, staff examined potential costs
associated with obtaining machines that comply with the amendments to
assess the costs to firms that choose to do so, rather than continuing
to use existing machines in accordance with the allowance in 16 CFR
1610.40. The primary cost to firms that choose to obtain new machines
would be the cost of new washing machines that comply with AATCC LP1-
2021. Staff estimates that these machines cost an average of $4,300.
However, this cost would be offset by the reduced costs of no longer
needing to repair or maintain existing, outdated machines. Staff
estimates that the cost of maintaining and repairing the outdated
machines is $300 annually and assumes that if a laboratory chooses to
upgrade machines, it expects to receive benefits from the upgrade that
outweigh the acquisition costs. Firms that choose to obtain new
machines might also incur the cost of buying a copy of AATCC LP1-2021,
which is approximately $50 for AATCC members and $70 for non-members.
Staff does not consider this a significant cost and firms will not
incur this cost if they already have AATCC LP1-2021 to comply with
other standards. Moreover, a read-only copy of AATCC LP1-2021 will be
available for viewing on the AATCC website when this rule takes effect.
Staff was unable to determine the number of testing laboratories
that test to the Standard and that would, therefore, by subject to the
amendments. At a minimum, currently there are more than 300 testing
laboratories that are CPSC-accepted third party laboratories that test
to the Standard for purposes of children's product certifications.
However, that is an underestimate of the number of firms impacted by
the rule because testing laboratories need not be CPSC-accepted third
party laboratories to test to the Standard for non-children's products.
At a maximum, there are a total of 7,389 testing laboratories in the
United States, according to the Census Bureau. However, this is an
overestimate of the number of firms in the United States impacted by
the rule because this number includes testing laboratories that do not
test to the Standard. Staff estimates that each testing laboratory that
tests to the Standard has three washing machines that do not meet AATCC
LP1-2021.
The amendments regarding the drying specification are unlikely to
require different dryers than those that currently comply with the
Standard because most dryers can comply with both specifications.
However, to the extent that dryers that meet the current Standard do
not meet the amendments, firms would again have the option to continue
to use their existing compliant dryers in accordance with 16 CFR
1610.40. Therefore, this alternative would eliminate any potential
costs associated with the amendments. Moreover, because most dryers
comply with both the current Standard and AATCC LP1-2021, staff does
not expect that most firms will need to replace their dryers even if
they chose to comply with AATCC LP1-2021, instead of using 16 CFR
1610.40 to continue to comply with AATCC TM124-2006.
B. Alternatives to the Rule
A final regulatory analysis must describe reasonable alternatives
to the rule, their potential costs and benefits, and a brief
explanation of the reasons the alternatives were not chosen. 15 U.S.C.
1193(j). CPSC considered several alternatives to the rule.
Burn Codes. CPSC considered retaining the current burn code
provisions in the Standard, rather than updating them. This alternative
would not create any costs, but also would not provide any benefits. In
comparison, the amendments do not create any costs, but have benefits
by providing needed clarifications.
Stop Thread Specification. CPSC considered updating the stop thread
specification to require the use of a stop thread with the specific Tex
size of the thread currently required in the Standard. This would not
create any costs since thread that meets the current Standard would
meet this alternative. However, this alternative would be more
restrictive than the final rule by providing fewer options of stop
threads. Because staff determined that the range of Tex sizes in the
rule would provide comparable flammability results to the Standard,
while providing a broader range of options, CPSC did not select this
alternative.
Another alternative CPSC considered is to allow a wider range of
Tex sizes, such as the full range staff assessed
[[Page 73227]]
during flammability testing and found to yield comparable flammability
results to the Standard. This would further reduce burdens on testing
laboratories by providing even more options. However, staff concluded
that it is more appropriate to limit the range of Tex sizes to those of
cotton threads that yielded comparable flammability results to the
Standard because some polyester threads are designed to be flame
resistant.
Dry Cleaning Specification. In addition to the hydrocarbon
alternative adopted in this amendment, CPSC considered two additional
dry cleaning specifications--silicone and butylal. As staff's testing
indicates, both of these alternatives also yield comparable
flammability results to the current Standard and, therefore, are likely
to offer similar benefits to the hydrocarbon specification. Staff
identified estimated costs of the four dry cleaning solvent
specifications using comparisons provided by the Toxic Use Reduction
Institute (TURI). These comparisons estimate that dry cleaning with
perchloroethylene involves equipment costs between $40,000 and $65,000
and solvent costs of $17 per gallon; dry cleaning with hydrocarbon
involves equipment costs between $38,000 and $75,000 and solvent costs
of $14 to $17 per gallon; dry cleaning with silicone involves equipment
costs between $30,500 and $55,000 and solvent costs of $22 to $28 per
gallon; and dry cleaning with butylal involves equipment costs between
$50,000 and $100,000 and solvent costs of $28 to $34 per gallon. CPSC
selected hydrocarbon rather than the silicone or butylal alternatives
because butylal yielded classifications consistent with the current
Standard slightly less often during comparison testing; hydrocarbon is
the most commonly used alternative to perchloroethylene; hydrocarbon
has a long history of use; and several companies manufacture
hydrocarbon solvents for dry cleaning, whereas silicone and butylal are
newer technologies and patented, making their availability more
limited.
CPSC also considered requiring the use of only the hydrocarbon
specification, rather than continuing to allow the use of the
perchloroethylene specification in the current Standard. However, this
alternative could increase costs by requiring all testing laboratories
to change their dry cleaning specifications. CPSC did not select this
option because, although perchloroethylene is being restricted in some
locations, it is still available and widely used in the dry cleaning
industry.
Laundering Specification. In addition to the AATCC LP1-2021
alternative adopted in this amendment, CPSC considered an alternative
of continuing to require compliance with the laundering specification
in AATCC TM124-2006, but with a reduced agitation speed. As staff's
testing indicates, this alternative yields flammability results
comparable to the current Standard and, therefore, would likely offer
similar benefits to the AATCC LP1-2021 specification adopted. However,
this alternative may have higher costs than the amendment because
laboratory-grade washing machines are not sold pre-programmed to the
reduced agitation speed settings, but they are sold pre-programmed with
the AATCC LP1-2021 settings. Consequently, additional time and skilled
labor resources would be necessary to program machines to meet the
reduced agitation speed alternative, and there would be the potential
for testing errors. CPSC did not select this option because testing
laboratories are likely to already have and be familiar with AATCC LP1-
2021 and have machines that comply with it since it is required for
other standards and there are more washing machines on the market that
meet the specifications in LP1-2021 than the reduced agitation speed
parameters.
CPSC also considered amending the Standard to allow the use of
either the AATCC LP1-2021 specifications or the AATCC TM124-2006
specifications. Similarly, CPSC considered amending the Standard to
include the specifications in AATCC LP1-2021, while allowing for the
continued use of AATCC TM124-2006 for a limited phase-out period. These
alternatives would have minimal, if any, costs because they would allow
testing laboratories to continue to use existing machines, while
providing an option to obtain machines that are available on the
market. CPSC did not select these options because they both would leave
CPSC unable to test for compliance in accordance with one of the
procedures in the Standard when CPSC's machines that comply with AATCC
TM124-2006 reach the end of their useful lives; this would retain in
the Standard an outdated and obsolete specification that is no longer
possible to meet with products available on the market; and staff does
not have information about an appropriate phase-out period for machines
that comply with AATCC TM124-2006. Although CPSC did not select either
of these alternatives, firms would still be able to continue to use
machines that comply with AATCC TM124-2006, instead of machines that
comply with AATCC LP1-2021, under the provisions in 16 CFR 1610.40.
For dryers, CPSC considered retaining the current provisions in the
Standard, which reference AATCC TM124-2006, because dryers that meet
this standard are still available on the market. This alternative would
eliminate any costs associated with the amendment to dryer
specifications. CPSC did not select this option because requiring the
use of a single standard ensures compatible washing and drying
requirements and reduces confusion and costs associated with obtaining
and following two separate standards. In addition, because the dryer
specifications in AATCC TM124-2006 and AATCC LP1-2021 are nearly
identical, testing laboratories are unlikely to need to replace their
dryers to meet the amendments and, for those that do, the allowance in
16 CFR 1610.40 would mitigate or eliminate that need.
C. Significant Issues Raised by Commenters
A final regulatory analysis must include a summary of significant
issues raised by commenters in response to the preliminary regulatory
analysis and CPSC's assessment of those comments. 15 U.S.C. 1193(j).
CPSC did not receive any comments regarding the preliminary regulatory
analysis in the NPR or any comments regarding costs, benefits, or
alternatives, generally.
IX. Paperwork Reduction Act
This rule does not involve any new information collection
requirements subject to the Paperwork Reduction Act of 1995 (44 U.S.C.
3501-3521). The Standard does contain recordkeeping provisions, but
this rule would not alter the estimated burden hours to establish or
maintain associated records from the information collection approved
previously.\12\
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\12\ See Office of Management and Budget (OMB) Control No. 3041-
0024.
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X. Regulatory Flexibility Act Analysis
When an agency is required to publish a proposed rule, the
Regulatory Flexibility Act (5 U.S.C. 601-612) requires that the agency
prepare an initial regulatory flexibility analysis (IRFA) at the NPR
stage and a final regulatory flexibility analysis (FRFA) at the final
rule stage. An IRFA and FRFA must contain specific content that
describes the impact that the rule would have on small businesses and
other entities. 5 U.S.C. 603, 604. However, an IRFA and FRFA are not
required if the head of the agency certifies that the rule
[[Page 73228]]
``will not, if promulgated, have a significant economic impact on a
substantial number of small entities.'' Id. 605(b). The agency must
publish the certification in the Federal Register along with the NPR or
final rule, include the factual basis for the certification, and
provide the certification and statement to the Chief Counsel for
Advocacy of the Small Business Administration. Id.\13\
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\13\ For additional details regarding certifications, see A
Guide for Government Agencies: How to Comply with the Regulatory
Flexibility Act, SBA Office of Advocacy (Aug. 2017), available at:
<a href="https://advocacy.sba.gov/2017/08/31/a-guide-for-government-agencies-how-to-comply-with-the-regulatory-flexibility-act/">https://advocacy.sba.gov/2017/08/31/a-guide-for-government-agencies-how-to-comply-with-the-regulatory-flexibility-act/</a>.
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In the NPR, the Commission certified that the proposed amendments,
if adopted, would not have a significant economic impact on a
substantial number of small entities. As support for the certification,
the Commission noted that there are little to no estimated costs
associated with the rule because the amendments reduce burdens on
industry, maintain or expand existing requirements, or firms may rely
on the allowance in 16 CFR 1610.40 to continue to use equipment that is
being updated in the amendments. The factual basis for the
certification is in Tab F of the NPR briefing package and Tab C of the
final rule briefing package, but the NPR provided an overview,
including information about the small entities to which the rule would
apply; the potential economic impact of the rule on small entities; the
criteria CPSC used for a ``significant economic impact'' and a
``substantial number''; assumptions and uncertainties; and a request
for comments.
CPSC did not receive any comments regarding the certification or
the economic analysis in the NPR, or any new cost, market, or other
information or data that would change the economic impact assessments
in the NPR. Therefore, because the amendments in this rule are
consistent with those proposed in the NPR, the Commission certifies
that the amendments will not have a significant economic impact on a
substantial number of small entities, for the reasons stated in the
NPR.
XI. Incorporation by Reference
This rule incorporates by reference AATCC LP1-2021. The Office of
the Federal Register (OFR) has regulations regarding incorporation by
reference. 1 CFR part 51. Under these regulations, in the preamble, an
agency must summarize the incorporated material, and discuss the ways
in which the material is reasonably available to interested parties or
how the agency worked to make the materials reasonably available. 1 CFR
51.5(a). In accordance with the OFR requirements, this preamble
summarizes the provisions of AATCC LP1-2021 that the Commission
incorporates by reference.
The standard is reasonably available to interested parties and
interested parties can purchase a copy of AATCC LP1-2021 from the
American Association of Textile Chemists and Colorists, P.O. Box 12215,
Research Triangle Park, North Carolina 27709; telephone (919) 549-8141;
<a href="http://www.aatcc.org">www.aatcc.org</a>. Once this rule takes effect, a read-only copy of the
standard will be available for viewing on the AATCC website. Interested
parties can also schedule an appointment to inspect a copy of the
standard at CPSC's Office of the Secretary, U.S. Consumer Product
Safety Commission, 4330 East West Highway, Bethesda, MD 20814,
telephone: 301-504-7479; email: <a href="/cdn-cgi/l/email-protection#5f3c2f2c3c72302c1f3c2f2c3c71383029"><span class="__cf_email__" data-cfemail="06657675652b6975466576756528616970">[email protected]</span></a>.
XII. Testing, Certification, and Notice of Requirements
Because the Standard applies to clothing and textiles intended to
be used for clothing, it applies to both non-children's products and
children's products. Section 14(a) of the Consumer Product Safety Act
(CPSA; 15 U.S.C. 2051-2089) includes requirements for testing and
certifying that non-children's products and children's products comply
with applicable mandatory standards issued under any statute the
Commission administers, including the FFA. 15 U.S.C. 2063(a). The
Commission's regulations on certificates of compliance are codified at
16 CFR part 1110.
Section 14(a)(1) addresses required testing and certifications for
non-children's products and requires every manufacturer of a non-
children's product, which includes the importer,\14\ that is subject to
a rule enforced by the Commission and imported for consumption or
warehousing or distributed in commerce, to issue a certificate. The
manufacturer must certify, based on a test of each product or upon a
reasonable testing program, that the product complies with all rules,
bans, standards, or regulations applicable to the product under
statutes enforced by the Commission. The certificate must specify each
such rule, ban, standard, or regulation that applies to the product. 15
U.S.C. 2063(a)(1).
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\14\ The CPSA defines a ``manufacturer'' as ``any person who
manufactures or imports a consumer product.'' 15 U.S.C. 2052(a)(11).
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Sections 14(a)(2) and (a)(3) address testing and certification
requirements specific to children's products. A ``children's product''
is a consumer product that is ``designed or intended primarily for
children 12 years of age or younger.'' 15 U.S.C. 2052(a)(2). The CPSA
and CPSC's regulations provide factors to consider when determining
whether a product is a children's product. 15 U.S.C. 2052(a)(2); 16 CFR
1200.2. An accredited third party conformity assessment body (third-
party lab) must test any product that is subject to a children's
product safety rule for compliance with the applicable rule. 15 U.S.C.
2063(a)(2)(A); see 77 FR 31086, 31105 (May 24, 2012). After this
testing, the manufacturer or private labeler of the product must
certify that, based on the third-party lab's testing, the product
complies with the children's product safety rule. 15 U.S.C.
2063(a)(2)(B).
The Commission must publish a notice of requirements (NOR) for
third-party labs to obtain accreditation to assess conformity with a
children's product safety rule. 15 U.S.C. 2063(a)(3)(A). The Commission
must publish an NOR for new or revised children's products standards
not later than 90 days before such rules or revisions take effect. Id.
2063(a)(3)(B)(vi). The Commission previously published an NOR for the
Standard.\15\ The NOR provided the criteria and process for CPSC to
accept accreditation of third-party labs for testing products to 16 CFR
part 1610. Part 1112 provides requirements for third-party labs to
obtain accreditation to test for conformance with a children's product
safety rule, including the Standard. 16 CFR 1112.15(b)(20).
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\15\ See 75 FR 51016 (Aug. 18, 2010), amended at 76 FR 22608
(Apr. 22, 2011); 78 FR 15836 (Mar. 12, 2013).
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The rule does not require third-party labs to change the way they
test products for compliance with the Standard. The amendments to burn
codes do not alter test protocols; they merely clarify existing
requirements. The amendments regarding stop thread and dry cleaning
specifications continue to allow the use of specifications consistent
with the current Standard. Although the amendments regarding laundering
specifications differ from the current Standard, 16 CFR 1610.40
provides an allowance for the continued use of laundering
specifications under the current Standard. Accordingly, the existing
accreditations that the Commission has accepted for testing to the
Standard will cover testing to the revised Standard, and CPSC-accepted
third party conformity assessment bodies are expected to update the
scope of their accreditations to reflect the
[[Page 73229]]
revised Standard in the normal course of renewing their accreditations.
XIII. Environmental Considerations
The Commission's regulations address whether CPSC is required to
prepare an environmental assessment (EA) or an environmental impact
statement (EIS). 16 CFR 1021.5. Those regulations list CPSC actions
that ``normally have little or no potential for affecting the human
environment,'' and, therefore, fall within a ``categorical exclusion''
under the National Environmental Policy Act (42 U.S.C. 4321-4370h) and
the regulations implementing it (40 CFR parts 1500 through 1508) and do
not require an EA or EIS. 16 CFR 1021.5(c). Among those actions are
rules that provide design or performance requirements for products, or
revisions to such rules. Id. 1021.5(c)(1). Because this rule makes
minimal revisions to the equipment and materials used for flammability
testing in the Standard, and makes minor revisions for clarity, the
rule falls within the categorical exclusion, and thus, no EA or EIS is
required.
XIV. Preemption
In accordance with Executive Order (E.O.) 12988, Civil Justice
Reform, CPSC states the preemptive effect of the rule, as follows. 61
FR 4729 (Feb. 7, 1996). Section 16 of the FFA provides that when a
flammability standard or other regulation for a fabric, related
material, or product is in effect under the FFA, no state or political
subdivision may establish or continue in effect a flammability standard
for such fabric, related material or product if it is designed to
protect against the same risk as the standard under the FFA unless the
state or political subdivision standard is identical to the Federal
standard. 15 U.S.C. 1203(a). The federal government, or a state or
local government, may establish or continue in effect a non-identical
requirement for its own use that is designed to protect against the
same risk as the CPSC standard if the federal, state, or local
requirement provides a higher degree of protection than the CPSC
requirement. Id. 1203(b). In addition, states or political subdivisions
of a state may apply for an exemption from preemption regarding a
flammability standard or other regulation applicable to a fabric,
related material, or product subject to a standard or other regulation
in effect under the FFA. Upon such application, the Commission may
issue a rule granting the exemption if it finds that: (1) compliance
with the state or local standard would not cause the fabric, related
material, or product to violate the federal standard; (2) the state or
local standard provides a significantly higher degree of protection
from the risk of occurrence of fire than the CPSC standard; and (3) the
state or local standard does not unduly burden interstate commerce. Id.
1203(c).
XV. Effective Date
Section 4(b) of the FFA specifies that an amendment to a
flammability standard shall take effect 12 months after the date the
amendment is promulgated unless the Commission finds, for good cause
shown, that an earlier or later effective date is in the public
interest and publishes the reasons for that finding. 15 U.S.C. 1193(b).
The amendments to the Standard adopted in this notice take effect
six months after publication of the final rule in the Federal Register.
The Commission finds that this earlier effective date is in the public
interest because the Standard provides an important safety benefit and
the amendments provide some improvement to those benefits, with little
to no costs. Moreover, a shorter effective date is justified given that
the amendments should have minimal impacts, improve clarity, and
relieve burdens; the prohibition on the use of perchloroethylene in dry
cleaning in California took effect in January 2023; and washing
machines that meet the Standard are no longer available.
Section 4(b) of the FFA also requires that an amendment of a
flammability standard exempt fabrics, related materials, and products
``in inventory or with the trade'' on the date the amendment becomes
effective, unless the Commission prescribes, limits, or withdraws that
exemption because it finds that the product is ``so highly flammable as
to be dangerous when used by consumers for the purpose for which it is
intended.'' Because the amendments adopted in this notice are intended
to have minimal impacts, the Commission concludes that products in
inventory or with the trade on the date the amendment becomes effective
are exempt from the amended Standard.
XVI. Findings
As discussed in section II. Statutory Requirements for Revising the
Standard, above, the FFA requires the Commission to make certain
findings when it issues or amends a flammability standard. 15 U.S.C.
1193(b), (j)(2). This section discusses the support for those findings.
The amendments are needed to adequately protect the public against
unreasonable risk of fire leading to death, injury, or significant
property damage. Since the requirements in the Standard were
promulgated in 1953, industry practices, equipment, materials, and
procedures have evolved, making some parts of the Standard outdated or
unclear. Because the Standard determines whether a fabric is safe for
use in clothing, it is necessary to replace requirements for outdated
and unavailable equipment, materials, and procedures and clarify
unclear provisions, to ensure that flammability testing can be
performed and that the results of the testing yield consistent,
reliable, and accurate flammability classifications so that dangerously
flammable fabrics are not used in clothing.
The amendments are reasonable, technologically practicable, and
appropriate, and are stated in objective terms. The amendments
streamline existing requirements and update specifications for outdated
equipment, materials, and procedures. The amendments reflect changes
recommended by industry members, and allow for the use of equipment,
materials, and procedures that are commonly used by industry members,
recognized in standards developed by industry, are readily available,
and stated in objective terms.
The amendments are limited to fabrics, related materials, and
products that present an unreasonable risk. The amendments do not alter
the textiles or products that are subject to the Standard, which
addresses products that present an unreasonable risk.
Voluntary standards. CPSC identified four relevant voluntary
standards. AATCC Test Method 124-2018, Appearance of Fabrics after
Repeated Home Laundering, includes provisions that are relevant to
flammability testing and is similar to portions of the Standard, but is
not a flammability standard. Rather, it is intended to evaluate the
smoothness appearance of fabrics after repeated home laundering. As
such, it contains provisions that are not relevant to flammability
testing and lacks provisions that are necessary for flammability
testing. AATCC's Laboratory Procedure 1-2021, Home Laundering: Machine
Washing, also includes provisions that are relevant to flammability
testing and is similar to portions of the Standard but is not a
flammability standard. Rather, it is intended as a stand-alone
laundering protocol, for use with other test methods, such as a
flammability standard. Therefore, it contains provisions that are not
relevant to flammability testing and lacks provisions that are
necessary for flammability testing. ASTM D1230-22,
[[Page 73230]]
Standard Test Method for Flammability of Apparel Textiles, is similar
to the Standard, but contains different laundering specifications,
terminology, and burn codes, and it does not address issues identified
in this rule, such as clarification of the stop thread specification.
Canadian General Standards Board Standard CAN/CGSB-4.2 No. 27.5,
Textile Test Method Flame Resistance--45[deg] Angle Test--One-Second
Flame Impingement, also is similar to the Standard, but includes
several differences from longstanding provisions in the Standard, such
as stop thread specifications. As such, adopting provisions in the
Canadian standard would unnecessarily alter the Standard when the
purpose of the amendments in this rule is to minimize changes to
flammability test results while improving the clarity and usability of
the Standard. Compliance with these voluntary standards is not likely
to result in the elimination or adequate reduction of the risk of
injury identified by the Commission. The amendments will better address
the risk of injury than these voluntary standards by retaining the
longstanding provisions in the Standard that have been demonstrated to
effectively address the flammability hazard, while making minimal
revisions to ensure the accuracy of flammability classifications by
improving the clarity of the requirements and updating outdated
equipment and materials.
Relationship of benefits to costs. Because the amendments reflect
current industry practices and provide needed clarifications, the
anticipated benefits and costs are expected to be small and bear a
reasonable relationship to each other.
Least burdensome requirement. The amendments do not substantively
change the Standard but provide changes that are necessary for clarity
and so that testing laboratories may obtain necessary materials and
equipment to conduct testing. Several amendments expand the permissible
range of materials or equipment to reduce burdens. For revisions that
include new equipment or materials, the amendments either allow use of
the new materials and equipment as additional alternatives, or the
Commission provides information to support the continued use of
equipment or materials in the current Standard under 16 CFR 1610.40.
XVII. Congressional Review
The FFA requires CPSC to transmit a copy of a flammability
regulation to the Secretary of the Senate and the Clerk of the House of
Representatives. 15 U.S.C. 1204. The Congressional Review Act (CRA; 5
U.S.C. 801-808) similarly states that before a rule may take effect,
the agency issuing the rule must submit the rule, and certain related
information, to each House of Congress and the Comptroller General. 5
U.S.C. 801(a)(1). The CRA submission must indicate whether the rule is
a ``major rule.'' The CRA states that the Office of Information and
Regulatory Affairs (OIRA) determines whether a rule qualifies as a
``major rule.'' A ``major rule'' is one that OIRA finds has resulted in
or is likely to result in:
<bullet> an annual effect on the economy of $100,000,000 or more;
<bullet> a major increase in costs or prices for consumers,
individual industries, government agencies, or geographic regions; or
<bullet> significant adverse effects on competition, employment,
investment, productivity, innovation, or the ability of U.S.
enterprises to compete with foreign enterprises in domestic and export
markets.
5 U.S.C. 804(2).
Because the costs and benefits associated with this rule are
expected to be minimal, OIRA determined that this is not a major rule.
To comply with the CRA and FFA, CPSC will submit the required
information to the appropriate Congressional offices and the
Comptroller General.
XVIII. Conclusion
For the reasons stated in this preamble, the Commission concludes
that the amendments to the Standard adopted in this notice are needed
to protect the public against unreasonable risk of the occurrence of
fire leading to death or personal injury, or significant damage.
List of Subjects in 16 CFR Part 1610
Clothing, Consumer protection, Flammable materials, Incorporation
by reference, Reporting and recordkeeping requirements, Textiles,
Warranties.
For the reasons discussed in the preamble, 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
0
1. The authority citation for part 1610 continues to read as follows:
Authority: 15 U.S.C. 1191-1204.
0
2. Amend Sec. 1610.2 by revising paragraphs (a) and (p) to read as
follows:
Sec. 1610.2 Definitions.
* * * * *
(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 2 or 3 fabric, are those burns
resulting from surface flash that occur on specimens in places other
than the point of impingement (test result code SFBB) 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.
* * * * *
(p) Stop thread supply means 3-ply, white, mercerized, 100% cotton
sewing thread, with a Tex size of 40 <plus-minus>5.
* * * * *
0
3. Amend Sec. 1610.4 by revising paragraphs (a)(2), (b)(2), (c)(2),
and Table 1 to read as follows:
Sec. 1610.4 Requirements for classifying textiles.
(a) * * *
(2) Raised surface textile fabric. Such textiles in their original
state and/or after being refurbished as described in Sec. 1610.6(a)
and (b), when tested as described in Sec. 1610.6, shall be classified
as Class 1, Normal Flammability, when the burn time is more than 7.0
seconds, or when they burn with a rapid surface flash (0.0 to 7.0
seconds), provided the intensity of the flame is so low as not to
ignite or fuse the base fabric.
(b) * * *
(2) Raised surface textile fabric. Such textiles in their original
state and/or after being refurbished as described in Sec. 1610.6(a)
and (b), when tested as described in Sec. 1610.6, shall be classified
as Class 2, Intermediate Flammability, when the burn time is from 4.0
through 7.0 seconds, both inclusive, 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).
(c) * * *
(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 4.0 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).
[[Page 73231]]
Table 1 to Sec. 1610.4--Summary of Test Criteria for Specimen
Classification
[See Sec. 1610.7]
------------------------------------------------------------------------
Plain surface textile Raised surface textile
Class fabric fabric
------------------------------------------------------------------------
1................... Burn time is 3.5 seconds (1) Burn time is greater
or more. ACCEPTABLE than 7.0 seconds; or
(3.5 seconds is a pass). (2) Burn time is less
than or equal to 7.0
seconds with no SFBB
test result code.
Exhibits rapid surface
flash only. ACCEPTABLE--
Normal Flammability.
2................... Class 2 is not Burn time is 4.0 to 7.0
applicable to plain seconds (inclusive)
surface textile fabrics. with base burn (SFBB).
ACCEPTABLE--Intermediat
e Flammability.
3................... Burn time is less than Burn time is less than
3.5 seconds. NOT 4.0 seconds with base
ACCEPTABLE. burn (SFBB). NOT
ACCEPTABLE--Rapid and
Intense Burning.
------------------------------------------------------------------------
Note: SFBB poi and SFBB poi* are not considered a base burn for
determining Class 2 and 3 fabrics.
0
4. Amend Sec. 1610.5 by revising paragraphs (a)(2)(ii), (b)(6), and
(b)(7) to read as follows:
Sec. 1610.5 Test apparatus and materials.
(a) * * *
(2) * * *
(ii) Stop thread supply. This supply, consisting of a spool of 3-
ply, white, mercerized, 100% cotton sewing thread, with a Tex size of
40 <plus-minus>5 Tex, shall be fastened to the side of the chamber and
can be withdrawn by releasing the thumbscrew holding it in position.
* * * * *
(b) * * *
(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 or hydrocarbon solvent and a
cationic dry cleaning detergent as specified in Sec. 1610.6(b)(1)(i).
(7) Dry cleaning solvent. The solvent shall be perchloroethylene,
commercial grade, or hydrocarbon solvent, commercial grade.
* * * * *
0
5. Amend Sec. 1610.6 by revising paragraphs (b)(1)(i)(A), (b)(1)(ii),
and(b)(1)(iii) to read as follows:
Sec. 1610.6 Test procedure.
* * * * *
(b) * * *
(1) * * *
(i) * * *
(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 one of the following prescribed conditions:
(1) For perchloroethylene:
(i) Solvent: Perchloroethylene, commercial grade.
(ii) Detergent class: Cationic.
(iii) Cleaning time: 10-15 minutes.
(iv) Extraction time: 3 minutes.
(v) Drying Temperature: 60-66 [deg]C (140-150 [deg]F).
(vi) Drying Time: 18-20 minutes.
(vii) Cool Down/Deodorization time: 5 minutes.
(2) For hydrocarbon:
(i) Solvent: Hydrocarbon.
(ii) Detergent Class: Cationic.
(iii) Cleaning Time: 20-25 minutes.
(iv) Extraction Time: 4 minutes.
(v) Drying Temperature: 60-66 [deg]C (140-150 [deg]F).
(vi) Drying Time: 20-25 minutes.
(vii) Cool Down/Deodorization Time: 5 minutes.
Samples shall be dry cleaned in a load that is 80% of the machine's
capacity.
* * * * *
(ii) Laundering procedure. The sample, after being subjected to the
dry cleaning procedure, shall be washed and dried one time in
accordance with section 9.2, section 9.4, section 12.2(A), Table I
``(1) Normal,'' ``(IV) Hot,'' and Table VI ``(Aiii) Permanent Press''
of AATCC LP1-2021 (incorporated by reference, see Sec.
1610.6(b)(1)(iii)). Washing shall be performed in accordance with the
detergent (powder) specified in section 9.4 of AATCC LP1-2021;
parameters for water level, agitator speed, stroke length, washing
time, spin speed, spin time, and wash temperature specified in Table I,
``Standard Washing Machine Parameters,'' ``(1) Normal'' and ``(IV)
Hot'' of AATCC LP1-2021; and a maximum wash load as specified in
section 9.2 of AATCC LP1-2021, which may consist of any combination of
test samples and dummy pieces. Drying shall be performed in accordance
with section 12.2(A) of AATCC LP1-2021, Tumble Dry, using the exhaust
temperature and cool down time specified in Table VI, ``Standard Tumble
Dryer Parameters,'' ``(Aiii) Permanent Press'' of AATCC LP1-2021.
(iii) AATCC LP1-2021, Laboratory Procedure for Home Laundering:
Machine Washing, 2021, 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. A read-only copy of
the standard is available for viewing on the AATCC website. You may
obtain a copy from the American Association of Textile Chemists and
Colorists, P.O. Box 12215, Research Triangle Park, North Carolina
27709; telephone (919) 549-8141; <a href="http://www.aatcc.org">www.aatcc.org</a>. You may inspect a copy
at the Office of the Secretary, U.S. Consumer Product Safety
Commission, Room 710, 4330 East-West Highway, Bethesda, MD 20814,
telephone (301) 504-7479, email <a href="/cdn-cgi/l/email-protection#e487949787c98b97a487949787ca838b92"><span class="__cf_email__" data-cfemail="d9baa9aabaf4b6aa99baa9aabaf7beb6af">[email protected]</span></a>, or at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, email <a href="/cdn-cgi/l/email-protection#ee889cc087809d9e8b8d9a878180ae808f9c8fc0898198"><span class="__cf_email__" data-cfemail="b3d5c19ddaddc0c3d6d0c7dadcddf3ddd2c1d29dd4dcc5">[email protected]</span></a>, or
go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
* * * * *
0
6. Amend Sec. 1610.7 by revising paragraph (b) to read as follows:
Sec. 1610.7 Test sequence and classification criteria.
* * * * *
(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
[[Page 73232]]
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 4.0 seconds
without an SFBB test result code, or it is 4.0 seconds or greater with
or without am SFBB test result code. The preliminary classification is
Class 1, Normal Flammability; or
(C) There are no base burns (SFBB) 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
0.0 to 7.0 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 7.0 seconds with any number of base burns (SFBB). The
preliminary classification is Class 1, Normal Flammability; or
(F) There are two or more burn times with an average burn time of
4.0 through 7.0 seconds (both inclusive) with no more than one base
burn (SFBB). The preliminary classification is Class 1, Normal
Flammability; or
(G) There are two or more burn times with an average burn time less
than 4.0 seconds with no more than one base burn (SFBB). The
preliminary classification is Class 1, Normal Flammability; or
(H) There are two or more burn times with an average burn time of
4.0 through 7.0 seconds (both inclusive) with two or more base burns
(SFBB). 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 4.0 seconds with a base burn (SFBB); or
the average of two or more burn times is less than 4.0 seconds with two
or more base burns (SFBB). 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 4.0 seconds with
three or more base burns (SFBB). 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 4.0 seconds with no more
than two base burns (SFBB). The preliminary classification is Class 1,
Normal Flammability; or
(2) The average burn time is 4.0 to 7.0 seconds (both inclusive)
with no more than 2 base burns (SFBB). The preliminary classification
is Class 1, Normal Flammability; or
(3) The average burn time is greater than 7.0 seconds. The
preliminary classification is Class 1, Normal Flammability; or
(4) The average burn time is 4.0 to 7.0 seconds (both inclusive)
with three or more base burns (SFBB). 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 4.0 seconds
without an SFBB test result code; or it is 4.0 seconds or greater with
or without an SFBB test result code. The preliminary classification is
Class 1, Normal Flammability; or
(C) There are no base burns (SFBB) 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
0.0 to 7.0 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 7.0 seconds with any number of base burns (SFBB). The
preliminary
[[Page 73233]]
classification is Class 1, Normal Flammability; or
(F) There are two or more burn times with an average burn time of
4.0 to 7.0 seconds (both inclusive) with no more than one base burn
(SFBB). The preliminary classification is Class 1, Normal Flammability;
or
(G) There are two or more burn times with an average burn time less
than 4.0 seconds with no more than one base burn (SFBB). The
preliminary classification is Class 1, Normal Flammability; or
(H) There are two or more burn times with an average burn time of
4.0 to 7.0 seconds (both inclusive) with two or more base burns (SFBB).
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 4.0 seconds with a base burn (SFBB); or
the average of two or more burn times is less than 4.0 seconds with two
or more base burns (SFBB).
(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 4.0 seconds with no more
than two base burns (SFBB). The preliminary classification is Class 1,
Normal Flammability; or
(B) The average burn time is less than 4.0 seconds with three or
more base burns (SFBB). The preliminary and final classification is
Class 3, Rapid and Intense Burning; or
(C) The average burn time is greater than 7.0 seconds. The
preliminary classification is Class 1, Normal Flammability; or
(D) The average burn time is 4.0 to 7.0 seconds (both inclusive),
with no more than two base burns (SFBB). The preliminary classification
is Class 1, Normal Flammability; or
(E) The average burn time is 4.0 to 7.0 seconds (both inclusive),
with three or more base burns (SFBB). 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.
0
7. Amend Sec. 1610.8 by revising paragraph (b) to read as follows:
Sec. 1610.8 Reporting results.
* * * * *
(b) Test result codes. The following are 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:
(i) DNI Did not ignite.
(ii) IBE Ignited, but extinguished.
(iii) _._sec. Actual burn time measured and recorded by the timing
device.
(2) For Raised Surface Textile Fabrics:
(i) _._SFBB Time in seconds, surface flash base burn starting at
places other than the point of impingement as a result of surface
flash.
(ii) _._SFBB poi Time in seconds, surface flash base burn starting
at the point of impingement.
(iii) _._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.
(iv) _._SF only Time in seconds, surface flash only. No damage to
the base fabric.
(v) SF poi Surface flash, at the point of impingement only
(equivalent to ``did not ignite'' for plain surfaces).
(vi) SF uc Surface flash, under the stop thread, but does not break
the stop thread.
(vii) SF pw Surface flash, part way. No time shown because the
surface flash did not reach the stop thread.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2023-23388 Filed 10-24-23; 8:45 am]
BILLING CODE 6355-01-P
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