FLAMMABLE FABRICS ACT REGULATIONS

[Title 16 CFR D]
[Code of Federal Regulations (annual edition) - January 1, 2002 Edition]
[Title 16 - COMMERCIAL PRACTICES]
[Chapter II - CONSUMER PRODUCT SAFETY COMMISSION]
[Subchapter D - FLAMMABLE FABRICS ACT REGULATIONS]
[From the U.S. Government Printing Office]

16COMMERCIAL PRACTICES22002-01-012002-01-01falseFLAMMABLE FABRICS ACT REGULATIONSDSUBCHAPTER DCOMMERCIAL PRACTICESCONSUMER PRODUCT SAFETY COMMISSION
SUBCHAPTER D--FLAMMABLE FABRICS ACT REGULATIONS

PART 1602--STATEMENTS OF POLICY OR INTERPRETATION--Table of Contents

Sec. 1602.1 Enforcement policy.

(a) On May 14, 1973, the responsibilities of the Federal Trade
Commission for enforcement of the Flammable Fabrics Act, as amended (15
U.S.C. 1191-1204), were transferred to the Consumer Product Safety
Commission pursuant to section 30(b) of the Consumer Product Safety Act
(Pub. L. 92-573), 86 Stat. 1231 (15 U.S.C. 2079(b)).
(b) The Consumer Product Safety Commission intends to discharge its
responsibilities under the Flammable Fabrics Act vigorously,
expeditiously, and without compromise in order to protect the public
from the hazards to life, health, and property caused by dangerously
flammable products.
(c) The Consumer Product Safety Commission has determined that its
enforcement policy for the Flammable Fabrics Act, will be to have
available for use in each case the full range of enforcement procedures
under that act without qualification or modification. Accordingly,
notice is given that the Consumer Product Safety Commission hereby
institutes an enforcement policy of using in each case arising under the
Flammable Fabrics Act any and all appropriate enforcement procedures
available under that act.
(d) In order to effectuate this policy, the above stated policy has
been adopted and substituted for any conflicting determinations and
policies of the Federal Trade Commission. The following determinations
and policies of the Federal Trade Commission insofar as they apply to
this Commission are terminated and set aside pursuant to section
30(e)(2) of the Consumer Product Safety Act (86 Stat. 1232 (15 U.S.C.
2079(e)(2))):
(1) The Federal Trade Commission's ``Flammable Fabrics Enforcement
Policy'' published as a notice in the Federal Register of November 10,
1971 (36 FR 21544), as amended by a notice published April 25, 1973 (38
FR 10184), which was corrected May 8, 1973 (38 FR 11492).
(2) Any Federal Trade Commission policy or directive modifying or
interpreting said Enforcement Policy, as amended.
(e) All other rules, regulations, orders, and determinations of the
Federal Trade Commission under the Flammable Fabrics Act will continue
in effect until modified, terminated, superseded, set aside, or repealed
by the Consumer Product Safety Commission, by any court of competent
jurisdiction, or by operation of law.

(Sec. 1, et seq., 81 Stat. 568-74 (15 U.S.C. 1191-1204, note under
1191))

[40 FR 59884, Dec. 30, 1975]

PART 1605--INVESTIGATIONS, INSPECTIONS AND INQUIRIES PURSUANT TO THE FLAMMABLE FABRICS ACT--Table of Contents

Subpart A--Procedures for Investigations, Inspections and Inquiries

Sec.
1605.1 Purposes, delegation, finding and how initiated.
1605.2 Conduct and scope of inspections.
1605.3 Compulsory processes and the service thereof.
1605.4 Orders for access.
1605.5 Subpoenas.
1605.6 Investigational hearings.
1605.7 Depositions.
1605.8 Rights of witnesses at investigational hearings and of deponents
at depositions.
1605.9 Written interrogatories.
1605.10 General or special orders seeking information.
1605.11 Remedies for failure to permit authorized investigations.
1605.12 Nonexclusive delegation of power.

Subpart B--Consent Order Agreements

1605.13 Procedures for Consent Order Agreements.

Authority: Sec. 5, 67 Stat. 112, as amended (15 U.S.C. 1194); sec.
6, 38 Stat. 721, as amended (15 U.S.C. 46); sec. 9, 38 Stat. 722, as
amended (15 U.S.C. 49); sec. 10, 38 Stat.723, as amended (15 U.S.C. 50);
sec. 16, Pub. L. 92-573, 86 Stat. 1222 (15 U.S.C. 2065); sec. 27, Pub.
L. 92-573, 86 Stat. 1227 (15 U.S.C. 2076); sec. 30(b), Pub. L. 92-573,
86 Stat. 1231 (15 U.S.C. 2079(b)); sec. 30(d), as amended, Pub. L. 94-
284, 90 Stat. 510, (15 U.S.C. 2079(d)).

Source: 42 FR 61023, Nov. 30, 1977, unless otherwise noted.

[[Page 588]]

Subpart A--Procedures for Investi- gations, Inspections and Inquiries

Sec. 1605.1 Purposes, delegation, finding and how initiated.

(a) An investigation under these rules is an undertaking by the
Commission to obtain information for the purposes of enforcing or
determining compliance with the Flammable Fabrics Act (15 U.S.C. 1191 et
seq.) (``FFA''); the regulations, rules, standards, and orders
promulgated thereunder; and those sections of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) (``FTCA'') which are relevant to
the enforcement and administration of the Flammable Fabrics Act. The
term investigation includes, but is not limited to inspections
(Sec. 1605.2); investigational hearings (Sec. 1605.6); and inquiries,
employing orders of access (Sec. 1605.4), subpoenas (Sec. 1605.5),
depositions (Sec. 1605.7), written interrogatories (Sec. 1605.9), and
general or special orders (Sec. 1605.10).
(b) An inspection as described in Sec. 1605.2 is initiated when the
Commission or its delegee authorizes the issuance of a written notice of
inspection (hereinafter notice), described in Sec. 1605.2(c).
Investigations and inquiries will be initiated by the Commission in such
manner as it deems proper.
(c) The Commission hereby delegates to the Associate Executive
Director for Compliance and Enforcement, the Director of the Enforcement
Division, the Solicitor, and the Directors of Area Offices, the power to
initiate inspections in the same manner as the Commission.
(d) Finding. The Commission found on November 3, 1977 pursuant to
section 30(d) of the Consumer Product Safety Act, as amended (``CPSA'')
(15 U.S.C. 2079(d)) that the risk of injury associated with products
regulated under the Flammable Fabrics Act cannot be eliminated or
reduced to a sufficient extent by the issuance of procedures for
investigations, inspections and inquiries under the Flammable Fabrics
Act and the Federal Trade Commission Act (15 U.S.C. 41 et seq.). This
finding is made to eliminate any confusion and uncertainty that may
exist concerning the scope of the Commission's statutory authority under
the Flammable Fabrics Act and Federal Trade Commission Act to conduct
inspections and collect samples. The Commission is supplementing the
authority granted to it under the FFA and FTCA with its powers under the
CPSA while retaining the procedural safeguards and requirements of all
of these acts. Accordingly, the Commission issues these rules pursuant
to sections 16 and 27 of the CPSA (15 U.S.C. 2065 and 2076) and makes
them applicable to products regulating under the FFA.

Sec. 1605.2 Conduct and scope of inspections.

(a) After an inspection is initiated as set forth in Sec. 1605.1, an
officer or employee duly designated by the Commission shall issue the
notice. Upon presenting such notice, along with appropriate credentials,
to the person, or agent-in-charge of the sole proprietorship,
partnership, or corporation to be inspected, the Commission officer or
employee may seek, for the purposes set forth in Sec. 1605.1 (a):
(1) To enter, at reasonable times, any factory, warehouse, or
establishment in which a product, fabric, or related material is
manufactured, processed, packaged, tested or to which it is delivered or
in which it is held in connection with its importation, introduction,
distribution, transportation, receipt, and/or sale in commerce;
(2) To enter any conveyance being used to transport, deliver, or
hold any such product, fabric, or related material in connection with
its importation, introduction, distribution, transportation, receipt,
and/or sale in commerce;
(3) To inspect at all reasonable times, in a reasonable manner, and
within reasonable limits, any factory, warehouse, establishment, or
conveyance described in paragraph (a) (1) and (2) of this section and
all appropriate records, reports, books, documents and papers including,
but not limited to, those relating to production, inventory, testing,
distribution, sale, transportation, importation, or receipt of any
product, fabric, or related material and all pertinent equipment,
materials, substances, products, fabrics, related materials, containers,
packages and

[[Page 589]]

packaging, and labels, and labeling therein:
(4) To have access to and copy at all reasonable times: (i) All
records, reports, books, documents, papers, or labeling required by the
Commission to be established, made, or maintained; (ii) all documents
showing or relating to the production inventory, testing, distribution,
sale, transportation, importation, or receipt of any product, fabric, or
related material; and (iii) all other appropriate records, reports,
books, documents, papers, packages and packaging, and labels and
labeling;
(5) To obtain: (i) Information, both oral and written, concerning
the production, inventory, testing, distribution, sale, transportation,
importation or receipt of any product, fabric or related material and
the organization, business, conduct, practices, and management of any
person, sole proprietorship, partnership, or corporation being inspected
and its relation to any other person, sole proprietorship, partnership,
or corporation; (ii) samples of items, materials, substances, products,
fabrics, related materials, containers, packages and packaging, labels
and labeling, and have the same analyzed, tested, or examined; and (iii)
information, both oral and written, concerning any matter referred to in
these rules.
(b) A separate notice shall be given for each inspection, but a
notice shall not be required for each entry made during the course of
the same inspection. Each such inspection shall be commenced at a
reasonable time and be completed within a reasonable time.
(c) The notice of inspection shall include: the name and address of
the person, sole proprietorship, partnership, or corporation being
inspected; the name and title of the inspector; the date and time of the
anticipated entry; pertinent extracts from the statutory provisions upon
which the right to access is based; pertinent extracts from the
statutory provisions upon which the penalties for refusal of access are
based; pertinent extracts from Sec. 1605.2 of these rules setting forth
the authority of inspectors and the types of information and items they
are authorized to obtain; a statement which sets forth the purposes of
the inspection and the nature of the information and items to be
obtained and/or copied; and a statement that those from whom information
is requested should state whether any of the information submitted is
believed to contain or relate to a trade secret or other matter which
should be considered by the Commission to be confidential in accordance
with section 4(c) of the Flammable Fabrics Act (15 U.S.C. 1193(c)) and
whether any of the information is believed to be entitled to exemption
from disclosure by the Commission under the provisions of the Freedom of
Information Act (5 U.S.C. 552) or section 6(f) of the Federal Trade
Commission Act (15 U.S.C. 46(f)). Any statement asserting this claim of
confidentiality must be in writing, and any request for exemption of the
information from disclosure must be made in accordance with the
Commission's Freedom of Information Act regulations, 16 CFR part 1015,
42 FR 10490, February 22, 1977 or as amended.
(d) If upon being presented with a notice, the person, or agent-in-
charge of the sole proprietorship, partnership, or corporation being
inspected fails to allow access to documentary evidence for the purpose
of inspecting and making copies of such evidence, the inspector shall
notify that individual that he or she may be in violation of the law and
subject to the penalties therein and immediately thereafter refer such
individual to the appropriate provisions of the notice which set forth
such penalties. If the individual still refuses to comply, in whole or
in part, with the authorized request for access, the inspector shall
leave the premises; and the Commission shall take such action as it
deems appropriate. If the person in charge refuses to accept the notice
upon its presentation, the inspector shall affix the notice to a public
entrance way on the premises.

Sec. 1605.3 Compulsory processes and the service thereof.

(a) In addition to or in lieu of authorizing the issuance of a
notice, the Commission may elect to use any of the following means to
initiate investigations, inspections, or inquiries to obtain information
for the purposes set forth in Sec. 1605.1(a):
(1) Orders for Access;
(2) Subpoenas;

[[Page 590]]

(3) Investigational Hearings;
(4) Depositions;
(5) Written Interrogatories; and
(6) General or special Orders.
(b) Service of notice in connection with any of the compulsory
processes enumerated in Sec. 1605.3(a) shall be effected as follows:
(1) By personal service upon the person, or agent-in-charge of the
sole proprietorship, partnership, or corporation being investigated,
inspected, or inquired of; or
(2) By mail (registered or certified) or delivery to the last known
residence or business address of anyone being investigated, inspected,
or inquired of.
(c) The date of service of any form of compulsory process shall be
the date on which the document is mailed, or delivered in person,
whichever is applicable. Whenever a party is required or permitted to do
an act within a prescribed period after service of a document and the
document is served by mail, three (3) days shall be added to the
prescribed period.
(d) These rules shall be referred to in any form of compulsory
process served upon a person, sole proprietorship, partnership, or
corporation.
(e) Anyone submitting information in response to any of the
compulsory processes referred to in Sec. 1605.4(a) hereof should state
whether any of the information submitted is believed to contain or
relate to a trade secret or other matter which should be considered by
the Commission to be confidential in accordance with section 4(c) of the
Flammable Fabrics Act (15 U.S.C. 1193(c)) and whether any of the
information is believed to be entitled to exemption from disclosure by
the Commission under the provisions of the Freedom of Information Act
(15 U.S.C. 552) or section 6(f) of the Federal Trade Commission Act (15
U.S.C. 46(f)). Any statement asserting this claim of confidentiality
must be in writing, and any request for exemption of the information
from disclosure must be made in accordance with the Commission's Freedom
of Information Act regulations, 16 CFR part 1015, 42 FR 10490, February
22, 1977 or as amended.

Sec. 1605.4 Orders for access.

(a) In the event an inspection pursuant to Sec. 1605.2 herein is
refused, in whole or in part, or prior to any such inspection, the
Commission may issue an order requiring any person, sole proprietorship,
partnership, or corporation to allow access to a duly-designated officer
or employee of the Commission for the purpose of conducting an
inspection. Such order will be issued by the Commission upon the
demonstration by the staff of a justifiable need to gain access.
Inspections conducted after service of an order for access shall be
conducted in accordance with the procedures provided in Sec. 1605.2.
(b) After issuance of an order for access, the staff may, upon
request of the recipient of the order, agree to modify the order to
limit its scope, impose conditions or extend the time for compliance. If
an agreement cannot be voluntarily reached, the recipient of the order
may file a motion to limit or quash the order. Any such motion shall set
forth the reasons why the order should be limited or quashed; and may be
accompanied by memoranda, affidavits, or other documents submitted in
support of the motion. Unless a different period of time for filing a
motion is specified in the order, the motion must be received in the
Office of the Secretary of the Commission within ten calendar days after
the order is mailed or delivered in person to such person, sole
proprietorship, partnership, or corporation unless the Commission, upon
a showing of good cause, grants an extension of time within which to
file a motion to limit or quash an order of access.
(c) Upon receipt of a motion to limit or quash the order for access,
the Office of the Secretary shall immediately notify and trasmit a copy
of the motion to Associate Executive Director for Compliance and
Enforcement or the General Counsel, as appropriate. Unless a different
period of time is specified in the order, the Associate Executive
Director for Compliance and Enforcement or General Counsel shall file an
answer with the Office of the Secretary within ten calendar days after
receipt of a copy of the motion. A copy of the answer shall be served
upon the moving party or the counsel of the moving

[[Page 591]]

party. No reply to the answer will be permitted.
(d) All motions to limit or quash shall be ruled upon by the
Commission. The Office of the Secretary shall serve the decision on the
motion to limit or quash the order of access upon the moving party or
the counsel of the moving party and shall furnish a copy of the decision
to the Associate Executive Director for Compliance and Enforcement or
the General Counsel, as appropriate. The decision on the motion to limit
or quash shall be the final decision on the matter. Motions for
reconsideration will not be received.

Sec. 1605.5 Subpoenas.

(a) The Commission may issue to any person, sole proprietorship,
partnership, or corporation a subpoena requiring the production of
documentary evidence (subpoena duces tecum) and/or the attendance and
testimony of witnesses (subpoena ad testificandum) relating to any
matter under investigation. The Commission hereby delegates to the
Associate Executive Director for Compliance and Enforcement, the
Director of the Enforcement Division, the Solicitor, or the General
Counsel, depending upon which officer is involved with the subpoena, the
power to negotiate and approve the terms of satisfactory compliance with
such subpoena.
(b) The person, sole proprietorship, partnership, or corporation
upon whom a subpoena is served may file a motion to limit or quash the
subpoena. Any such motion shall set forth the reasons why the subpoena
should be quashed or limited and may be accompanied by memoranda,
affidavits, or other documents submitted in support of the motion.
Unless a different period of time for filing a motion is specified in
the subpoena, the motion must be received in the Office of the Secretary
of the Commission within ten calendar days after the subpoena is mailed
or delivered to such person, sole proprietorship, partnership, or
corporation unless the Commission, upon a showing of good cause, grants
an extension of time within which to file a motion to limit or quash a
subpoena.
(c) Upon receipt of any such motion, the Office of the Secretary
shall immediately notify and transmit a copy of the motion to the
Associate Executive Director for Compliance and Enforcement or the
General Counsel, as appropriate. Unless a different period of time is
specified in the subpoena, the Associate Executive Director for
Compliance and Enforcement or the General Counsel shall file an answer
with the Office of the Secretary within ten calendar days after receipt
of a copy of the motion. A copy of the answer shall be served upon the
moving party or the counsel of the moving party. No reply to the answer
will be permitted.
(d) All motions to limit or quash a subpoena shall be ruled upon by
the Commission. The Office of the Secretary shall serve the decision on
the motion to limit or quash the subpoena upon the moving party or the
counsel of the moving party and shall furnish a copy of the decision to
the Associate Executive Director for Compliance and Enforcement or the
General Counsel, as appropriate. The decision on the motion to limit or
quash shall be the final decision on the matter. Motions for
reconsideration will not be received.

Sec. 1605.6 Investigational hearings.

(a) The Commission may order, and by subpoena, may compel any
person, sole proprietorship, partnership, or corporation to provide
information at an investigational hearing. Such hearings shall be for
the purpose of taking the testimony, under oath, of witnesses and
receiving documents and other data relating to any subject under
investigation. Such hearings shall be presided over by the commission,
by one or more of its members, an Administrative Law Judge, hearing
examiner, attorney-examiner or by a duly designated officer or employee.
The hearings shall be stenographically reported, and a transcript
thereof shall be made a part of the record.
(b) A Commissioner who participates in such a hearing or other
investigation, inspection, or inquiry shall not be disqualified by
reason of such participation from subsequently sharing in a Commission
decision in the matter.
(c) All investigational hearings shall be closed to the public,
unless otherwise ordered by the Commission.

[[Page 592]]

(d) The release of the record of such hearing shall be governed by
the Commission's regulations under the Freedom of Information Act, 5
U.S.C. 552, and/or other applicable laws or regulations.

Sec. 1605.7 Depositions.

(a) The Commission may order and, by subpoena, may compel testimony
to be taken by deposition at any stage of any investigation. Such
depositions may be taken before any person designated by the Commission
who has the power to administer oaths. The testimony given shall be
reduced to writing by the person taking the deposition or under such
person's direction and shall then be submitted to the deponent for
signature unless the deponent waives the right to sign the deposition.
All depositions shall be closed to the public, unless otherwise ordered
by the Commission. The release of the record of such depositions shall
be governed by the Commission's regulations under the Freedom of
Information Act, 5 U.S.C. 552, and/or other applicable laws or
regulations.
(b) Any changes in form or substance which the deponent desires to
make shall state the reasons for such changes. The deposition shall then
be signed by the deponent, unless the deponent waives the right to sign,
cannot be found, or is unable or refuses to sign. If the deposition is
not signed by the deponent within 30 days of its submission to the
deponent, or such shorter time as the Commission may designate, the
Commission designee shall sign it and state on the record the fact of
the waiver of the right to sign or of the illness or absence of the
deponent, or the fact of the deponent's inability or refusal to sign
together with the reason, if any, given therefor. The deposition
referred to herein may be used in any investigation or any
administrative or judical adjudicative proceeding.

Sec. 1605.8 Rights of witnesses at investigational hearings and of deponents at depositions.

(a) Any person, or agent or officer of a sole proprietorship,
partnership, or corporation who is required to produce documentary
evidence or give testimony as a witness at an investigational hearing
conducted under provisions of Sec. 1605.6 or as a deponent at a
deposition taken in accordance with provisions of Sec. 1605.7 may be
accompanied by an attorney or an official or employee of the person,
sole proprietorship, parnership, or corporation, who may act as counsel
for the witness or the deponent. However, a person who is subpoenaed to
produce documentary evidence or give testimony at an investigational
hearing or deposition cannot act as counsel for another witness or
deponent at the same proceeding. The term attorney refers to members of
the bar of a Federal Court or the courts of any State or Territory of
the United States, the Commonwealth of Puerto Rico, or the District of
Columbia. The witness or deponent and his or her counsel may act as
follows during the course of an investigational hearing or deposition:
(1) A witness or deponent may confer, in confidence, with his or her
counsel concerning any questions asked of the witness or deponent. If
the witness or deponent or counsel objects to a question, the objection
and basis thereof shall be stated on the record. In the case of an
objection based upon the privilege against self incrimination, the
privilege must be asserted by the witness or deponent. If a witness at
an investigationl hearing refuses to answer a question or provide other
information, the presiding officer shall have the authority to
immediately order the witness or deponent to answer the question or
provide the information requested, except in circumstances where an
immediate ruling would be unwarranted and except where such refusal is
based upon the privilege against self incrimination, which shall be
handled in accordance with the procedure set forth in 18 U.S.C. 6002 and
6004. Otherwise, all objections shall be ruled upon by the presiding
officer at the time the objection is made.
(2) Objections timely made under the provisions of Sec. 1605.8(a)
shall be noted on the record, shall be treated as continuing, and shall
be preserved throughout the course of the proceeding without the
necessity of repetition during similar lines of inquiry.

[[Page 593]]

(3) Except as provided by this Sec. 1605.8(a), counsel for a witness
or a deponent may not interrupt the examination of the witness or the
deponent by making objections or statements on the record.
(4) Upon completion of the examination of a witness or a deponent,
the witness or deponent may clarify on the record any of his or her
answers.
(b) Any such person, agent, or officer who is required to appear in
person at an investigational hearing or at a deposition shall testify as
to matters and information known and/or reasonably available to the
person, sole proprietorship, parnership, or corporation involved.
(c) Any such person, agent, or officer who is compelled by subpoena
to appear in person at an investigational hearing or at a deposition
shall receive the same fees and mileage allowances as are paid witnesses
in the courts of the United States.
(d) Any such person, agent, or officer who is required to appear in
person at an investigational hearing or at a deposition shall be
entitled to retain a copy of any document submitted by him or her and,
upon payment of lawfully prescribed costs, shall be entitled to procure
a copy of his or her own testimony as recorded.
(e) The Commission designee who presides at an investigational
hearing or before whom a deposition is taken shall take all necessary
action to regulate the course of the hearing or the deposition, to avoid
delay and to assure that reasonable standards of orderly and ethical
conduct are maintained. Such designee shall, for reasons stated on the
record, immediately report to the Commission any instance in which
counsel for a witness or a deponent has refused to comply with the
designee's directions, or to adhere to reasonable standards of orderly
and ethical conduct in the course of the hearing or the deposition. The
Commission shall thereupon take such action as the circumstances
warrant.

Sec. 1605.9 Written interrogatories.

(a) The Commission may order any person, sole proprietorship,
partnership, or corporation being investigated to answer written
interrogatories. Such interrogatories shall be answered by the
individual or by any agent or officer of the sole proprietorship,
partnership, or corporation who shall furnish information on behalf of
the sole proprietorship, partnership, or corporation. The information
provided shall be that which is known or reasonably available to the
person or organization involved and shall be submitted after reasonable
inquiry to obtain the information requested.
(b) Each interrogatory shall be answered separately and fully in
writing, under oath, unless it is objected to, in which event the reason
for the objection shall be stated in lieu of an answer. The answers
shall be signed by the individual or the officer or agent making them.
The person, sole proprietorship, parnership, or corporation upon whom
the interrogatories have been served shall furnish the Commission a copy
of the answers and objections, if any, within 30 days after service of
the interrogatories or within such shorter time as the commission may
designate. Interrogatories submitted hereunder are continuing in
character so as to require the person, sole proprietorship, partnership,
or corporation answering to file supplementary answers upon obtaining
further or different information.

Sec. 1605.10 General or special orders seeking information.

The Commission may require by the issuance of general or special
orders, any person, sole proprietorship, partnership, or corporation to
file with the Commission in such form as the Commission may prescribe
annual and/or special reports or answers in writing to specific
questions which furnish to the Commission such information as it may
require as to its organization, business, conduct, practices,
management, and relation to any person, sole proprietorship,
partnership, or corporation. Such reports and answers shall be made
under oath, or otherwise, as the Commission may prescribe and shall be
filed with the Commission within such time as the Commission may
prescribe, unless additional time may be granted in any case by the
Commission.

[[Page 594]]

Sec. 1605.11 Remedies for failure to permit authorized investigations.

In the event of failure to comply with any investigative process
authorized by these rules, the Commission may seek appropriate action
pursuant to the authority conferred by the Federal Trade Commission Act,
including actions for enforcement, forfeitures, penalities, or criminal
sanctions.

Sec. 1605.12 Nonexclusive delegation of power.

No provision contained herein delegating any of the Commission's
powers shall be construed as limiting the actual authority of the
Commission to exercise the same powers.

Subpart B--Consent Order Agreements

Sec. 1605.13 Procedures for Consent Order Agreements.

(a) The Consent Order Agreement is a document executed by a person,
sole proprietorship, partnership, or corporation (Consenting Party) and
a Commission staff representative which incorporates both a proposed
complaint setting forth the staff's charges and a proposed order by
which such charges are resolved. A consent order agreement shall contain
the following provisions, as appropriate:
(1) An admission of all jurisdictional facts by the consenting
parties;
(2) A waiver of any rights to an administrative or judicial hearing
and of any other procedural steps including any rights to seek judicial
review or otherwise challenge or contest the validity of the
Commission's order;
(3) A statement that the agreement is in settlement of the staff's
charges and does not constitute an admission by the Consenting Party
that the law has been violated;
(4) A statement that the Commission's order is issued under the
provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.),
the Flammable Fabrics Act (15 U.S.C. 1191 et seq.), and the Consumer
Product Safety Act (15 U.S.C. 2051 et seq.) and that a violation of such
an order subjects the Consenting Party to civil penalties under the
provisions of the Federal Trade Commission Act;
(5) An acknowledgement that the consent order agreement only becomes
effective upon its final acceptance by the Commission and its service
upon the Consenting Party;
(6) An acknowledgement that the Commission may disclose terms of the
consent order agreement to the public;
(7) A statement that the Consulting Party shall cease and desist
from certain acts and practices;
(8) A statement that the Consenting Party shall perform certain acts
and practices pursuant to the consent order agreement;
(9) An acknowledgement that the requirements of the order are in
addition to, and not to the exclusion of, other remedies such as
criminal penalties which may be pursued under section 7 of the Flammable
Fabrics Act.
(b) At any time in the course of an investigation, the staff, with
the approval of the Commission may propose to the person, sole
proprietorship, partnership, or corporation being investigated, that any
alleged violation be resolved by an agreement containing a consent
order. Additionally, such a proposal may be made to the Commission staff
by such person, sole proprietorship, partnership, or corporation.
(c) Upon receiving an executed agreement, the Commission may: (1)
Provisionally accept it; (2) reject it and issue its complaint (in which
case the matter will be scheduled for hearing in accordance with the
Commission's Rules of Practice for Adjudicative Proceedings (16 CFR part
1025, June 21, 1977, or as later revised)); or (3) take such other
action as it may deem appropriate.
(d) If the agreement is provisionally accepted, the Commission shall
place the agreement on the public record and shall announce provisional
acceptance of the agreement in the Federal Register. Any interested
person may ask the Commission not to accept the agreement by filing a
request in the office of the Secretary. Such request must be received in
the Office of the Secretary no later than the close of business of the
fifteenth calendar day following the date the announcement is published
in the Federal Register.
(e) Unless the Commission orders otherwise, the agreement shall be

[[Page 595]]

deemed finally accepted by the Commission on the 20th calendar day after
the date of announcement in the Federal Register. The Commission shall
then issue its complaint and order in such form as the circumstances,
may require. The order is a final order in disposition of the proceeding
and is effective immediately upon its service upon the Consenting Party
pursuant to these rules. The Consenting Party shall thereafter be bound
by and take immediate action in accordance with such final order.
(f) If the Commission does not accept the agreement on a final
basis, it shall so notify the Consenting Party. Such notification
constitutes withdrawal of the Commission's provisional acceptance unless
the Commission orders otherwise. The Commission may then issue its
complaint, may order further investigation, or may take such other
action it considers appropriate.

PART 1608--GENERAL RULES AND REGULATIONS UNDER THE FLAMMABLE FABRICS ACT--Table of Contents

Sec.
1608.0 Scope.
1608.1 Terms defined.
1608.2 Form of separate guaranty.
1608.3 Continuing guaranties.
1608.4 Guaranties furnished by non-residents of the U.S. no bar to
prosecution.
1608.5 Salvage operations of common carriers and others.
1608.6 Reference to guaranty by Government prohibited.

Authority: Sec. 5, 67 Stat. 112, as amended, 81 Stat. 570, 15 U.S.C.
1194.

Source: 40 FR 59887, Dec. 30, 1975, unless otherwise noted.

Sec. 1608.0 Scope.

The rules and regulations in this part are applicable to all
standards issued under the Flammable Fabrics Act.

Sec. 1608.1 Terms defined.

As used in the rules and regulations in this subchapter D, unless
the context otherwise specifically requires:
(a) The term act means the Flammable Fabrics Act, sec. 1 et seq., 67
Stat. 111-115, as amended, 68 Stat. 770, 81 Stat. 568-74 (15 U.S.C.
1191-1204, note under 1191).
(b) The terms 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) The term 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) The terms marketing or handling means the transactions referred
to in section 3 of the act.
(e) The definition of terms contained in section 2 of the act shall
be applicable also to such terms when used in rules promulgated under
the act.

Sec. 1608.2 Form of separate guaranty.

The forms which follow are suggested forms of separate guaranties
under section 8 of the act for use by guarantors residing in the United
States. Representations contained in these suggested forms of separate
guaranties with respect to reasonable and representative tests may be
based upon a guaranty received and relied upon in good faith by the
guarantor, tests performed by or for a guarantor, or class tests, where
permitted under these rules. Where the forms are used as part of an
invoice or other paper relating to the marketing or handling of
products, fabrics, or related materials subject to the act, wording may
be varied to limit the guaranty to specific items in such invoice or
other paper. The name, address of the guarantor, and date on the invoice
or other paper will suffice to meet the signature, address, and date
requirements indicated on the forms.
(a) General form.
The undersigned hereby guarantees that reasonable and representative
tests, made in accordance with procedures prescribed and applicable
standards or regulations issued, amended, or continued in effect under
the Flammable Fabrics Act, as amended, show that the product, fabric, or
related material covered and identified by, and in the form delivered
under this document conforms to the applicable standard or regulation
issued, amended, or continued in effect.
Date:___________________________________________________________________
Name____________________________________________________________________
Address_________________________________________________________________
(b) Form for guaranty based on guaranty.
Based upon a guaranty received, the undersigned hereby guarantees
that reasonable

[[Page 596]]

and representative tests, made in accordance with procedures prescribed
pursuant to the Flammable Fabrics Act, as amended, show that the
product, fabric, or related material covered and identified by, and in
the form delivered under this document conforms to the applicable
standard or regulation issued, amended, or continued in effect.
Date:___________________________________________________________________
Name____________________________________________________________________
Address_________________________________________________________________

(Sec. 5 of the Act, 67 Stat. 112, as amended by 81 Stat. 570, 15 U.S.C.
sec. 1194; sec. 8 of the Act, 67 Stat. 114, as amended by 81 Stat. 572,
15 U.S.C. sec. 1197)

Sec. 1608.3 Continuing guaranties.

(a) Any person residing in the United States may file with the
Office of the Secretary of the Consumer Product Safety Commission a
continuing guaranty under section 8 of the act applicable to any
product, fabric, or related material marketed or handled by such person.
When filed with the Commission, a continuing guaranty shall be fully
executed in duplicate and execution of each copy shall be acknowledged
before a notary public. Forms for use in preparing continuing guaranties
to be filed with the Commission will be supplied by the the Office of
the Secretary of the Commission upon request. To remain in effect, such
guaranties must be renewed every 3 years and at such other times as any
change occurs in the legal business status of the person filing the
guaranty. It is therefore required that any person who has filed a
continuing guaranty with the Commission shall promptly advise the
Commission in writing of any change in the legal status of the guarantor
or in the address of the guarantor's principal office and place of
business. Representations contained in the prescribed form of continuing
guaranty with respect to reasonable and representative tests may be
based upon (1) a guaranty received and relied upon in good faith by the
guarantor, (2) tests performed by or for a guarantor, or (3) class
tests, where permitted under these rules.
(b) The following is the prescribed form of continuing guaranty for
filing with the Commission:

Continuing Guaranty Under the Flammable Fabrics Act for Filing With
Consumer Products Safety Commission

The undersigned, ------------------, a --------------------
(Corporation, partnership, proprietorship) residing in the United States
and having principal office and place of business at ------------------
---- (Street and number) ------------, (City) --------------------------
, (State or territory, ZIP code) and being engaged in the marketing or
handling of products, fabrics, or related materials subject to the
Flammable Fabrics Act, as amended, and regulations thereunder,
Hereby guarantee(s) that with regard to all the products, fabrics,
or related materials
[described as follows:__________________________________________________

----------------------------------------------]
(If guaranty is limited to certain products, fabrics, or related
materials, list the general categories here. If guaranty is not so
limited, leave these lines blank.)
hereafter marketed or handled by the undersigned, and for which
flammability standards have been issued, amended, or continued in effect
under the Flammable Fabrics Act, as amended, reasonable and
representative tests as prescribed by the Consumer Product Safety
Commission have been performed, which shows that the products, fabrics,
or related materials conform to such of the above-mentioned flammability
standards as are applicable thereto.
Dated, signed, and executed this -- day of ------, 19--, at --------
---------------- (City), -------------------------- (State or Territory)

(Impression of corporate seal, if (Name under which business is
corporation.) conducted.)
-------------------------------
(If firm is a partnership list partners (Signature of proprietor,
below.) partner, or authorized
official of corporation.)
-----------------------------------------

State of --------------------, ss:
County of ----------------
On this -- day of ------, 19--, before me personally appeared the
said ------------, (Signer of guaranty) proprietor, partner (strike
nonapplicable words) -------------------------- (If corporation, give
title of signing official) of ------------, (Firm name) to me personally
known, and acknowledged the execution of the foregoing instrument on
behalf of the firm, for the uses and purposes therein stated.

(Impression of notary seal required Notary Public in and for
here.) County of ------------ State
of --------------. My
commission expires
------------

[[Page 597]]

(c) Any person who has a continuing guaranty on file with the
Commission may, during the effective period of the guaranty, give notice
of such fact by setting forth on the invoice or other paper covering the
marketing or handling of the product, fabric, or related material
guaranteed the following:
Continuing guaranty under the Flammable Fabrics Act filed with the
Consumer Product Safety Commission.

Provided, however, That such statement may not be used where the
guaranty is limited and the invoice or other paper covers any product,
fabric, or related material, subject to a flammability standard under
the act, which is not covered by the guaranty because of its limited
nature.
(d) Any person who falsely represents that he has a continuing
guaranty on file with the Commission when such is not a fact, or who
falsely represents that a limited continuing guaranty he does have on
file with the Commission covers any product, fabric, or related material
when such is not the case, shall be deemed to have furnished a false
guaranty under section 8(b) of the act.
(e) Any seller residing in the United States may give a continuing
guaranty under section 8 of the act to a buyer applicable to any
product, fabric, or related material sold or to be sold to said buyer by
seller. All such continuing guaranties shall be fully executed in
duplicate and execution of each copy shall be acknowledged before a
notary public. To remain in effect, such guaranties must be renewed
every 3 years and at such other times as any change occurs in the legal
business status of the person giving the guaranty. Representations
contained in the prescribed form of continuing guaranty from seller to
buyer with respect to reasonable and representative tests may be based
upon: (1) A guaranty received and relied upon in good faith by the
guarantor, (2) tests performed by or for a guarantor, or (3) class
tests, where permitted under these rules.
(f) The following is the prescribed form of continuing guaranty from
seller to buyer:

Continuing Guaranty From Seller to Buyer Under the Flammable Fabrics Act

The undersigned,_______________________________________________________
a_______________________________________________________________________
(Corporation, partnership, proprietorship) residing in the United
States and having its principal office and place of business at --------
----, --------------------------, (Street and number) ------------
(City), ---------------------------- (State or Territory and ZIP code),
and being engaged in the marketing or handling of products, fabrics, or
related materials subject to the Flammable Fabrics Act, as amended, and
Regulations thereunder,
Hereby guarantee(s) to ---------------- (Name and address), buyer,
that with regard to all the products, fabrics, or related materials
[described as follows: ---------------------------- (If guaranty is
limited to certain products, fabrics, or related materials, list the
general categories here. If guaranty is not so limited, leave these
lines blank.) hereafter sold or to be sold to buyer by the undersigned,
and for which flammability standards have been issued, amended, or
continued in effect under the Flammable Fabrics Act, as amended,
reasonable and representative tests as prescribed by the Consumer
Product Safety Commission have been performed show that the products,
fabrics, or related materials, at the time of their shipment or delivery
by the undersigned, conform to such of the above-mentioned flammability
standards as are applicable thereto.
Dated, signed, and executed this ------ day of -------- 19----, at
--------------------, (City) -------------------- (State or Territory).

State of --------------------, ss:
County of --------------------,
On this ------ day of ------------, 19----, before me personally
appeared the said -------------------- (Signer of guaranty), proprietor,
partner (Strike non-applicable words) ---------------------------- (If
corporation, give title of signing official) of ------------------------
-------- (Firm name), to me personally known, and acknowledged the
execution of the foregoing instrument on behalf of the firm, for the
uses and purposes therein stated.

[[Page 598]]

(Impression of notary seal required Notary Public in and for
here.) County of ------------, State
of --------------. My
commission expires
------------

(Sec. 5 of the Act, 67 Stat. 112, as amended by 81 Stat. 570, 15 U.S.C.
1194: section 8 of the Act 67 Stat. 114, as amended by 81 Stat. 572, 15
U.S.C. 1197)

[40 FR 59887, Dec. 30, 1975, as amended at 52 FR 48810, Dec. 28, 1987]

Sec. 1608.4 Guaranties furnished by nonresidents of the U.S. no bar to prosecution.

A guaranty furnished under section 8 of the act by a person who is
not a resident of the United States may not be relied upon as a bar to
prosecution under section 7 of the act for a violation of section 3 of
the act.

Sec. 1608.5 Salvage operations of common carriers and others.

For the purposes of this act the ordinary course of business of
common carriers, contract carriers or freight forwarders, as referred to
in section 11 of the act, shall not include the marketing or handling of
products, fabrics, or related materials subject to the act in the course
of performance of salvage or lien realizing operations.

Sec. 1608.6 Reference to guaranty by Government prohibited.

No representation nor suggestion shall be made in advertising or
otherwise marketing or handling products, fabrics or related materials
subject to the act that the act, the Government, or any branch thereof,
guarantees, in any manner that such product, fabric, or related material
conforms to a flammability standard in effect under the act.

PART 1609--TEXT OF THE FLAMMABLE FABRICS ACT OF 1953, AS AMENDED IN 1954, PRIOR TO 1967 AMENDMENT AND REVISION--Table of Contents

Sec. 1609.1 Text of the Flammable Fabrics Act of 1953, as amended in 1954.

The following is the text of the Flammable Fabrics Act of 1953, ch.
164, 67 Stat. 111, as amended, ch. 833, 68 Stat. 770 (1954):

An Act

To prohibit the introduction or movement in interstate commerce of
articles of wearing apparel and fabrics which are so highly flammable as
to be dangerous when worn by individuals, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

Short Title

Section 1. This Act may be cited as the ``Flammable Fabrics Act.''

Definitions

Sec. 2. As used in this Act--
(a) The term person means an individual, partnership, corporation,
association, or any other form of business enterprise.
(b) The term commerce means commerce among the several States or
with foreign nations, or in any Territory of the United States or in the
District of Columbia, or between any such Territory and another, or
between any such Territory and any State or foreign nation, or between
the District of Columbia and any State or Territory or foreign nation.
(c) The term Territory includes the insular possessions of the
United States and also any Territory of the United States.
(d) The term article of wearing apparel means any costume or article
of clothing worn or intended to be worn by individuals except hats,
gloves, and footwear: Provided, however, That such hats do not
constitute or form part of a covering for the neck, face, or shoulders
when worn by individuals: Provided further, That such gloves are not
more than fourteen inches in length and are not affixed to or do not
form an integral part of another garment: And provided further, That
such footwear does not consist of hosiery in whole or in part and is not
affixed to or does not form an integral part of another garment.
(e) The term fabric means any material (other than fiber, filament,
or yarn) woven, knitted, felted, or otherwise produced from or in
combination with any natural or synthetic fiber, film, or substitute
therefor which is intended or sold for use in wearing apparel except
that interlining fabrics when intended or sold for use in wearing
apparel shall not be subject to this Act.
(f) The term interlining means any fabric which is intended for
incorporation into an article of wearing apparel as a layer between an
outer shell and an inner lining.
(g) The term Commission means the Federal Trade Commission.
(h) The term Federal Trade Commission Act means the Act of Congress
entitled ``An Act

[[Page 599]]

to create a Federal Trade Commission, to define its powers and duties,
and for other purposes,'' approved September 26, 1914, as amended.

Prohibited Transactions

Sec. 3. (a) The manufacture for sale, the sale, or the offering for
sale, in commerce, or the importation into the United States, or the
introduction, delivery for introduction, transportation or causing to be
transported in commerce or for the purpose of sale or delivery after
sale in commerce, of any article of wearing apparel which under the
provisions of section 4 of this Act is so highly flammable as to be
dangerous when worn by individuals, shall be unlawful and shall be an
unfair method of competition and an unfair and deceptive act or practice
in commerce under the Federal Trade Commission Act.
(b) The sale or the offering for sale, in commerce, or the
importation into the United States, or the introduction, delivery for
introduction, transportation or causing to be transported in commerce or
for the purpose of sale or delivery after sale in commerce, of any
fabric which under the provisions of section 4 of this Act is so highly
flammable as to be dangerous when worn by individuals, shall be unlawful
and shall be an unfair method of competition and an unfair and deceptive
act or practice in commerce under the Federal Trade Commission Act.
(c) The manufacture for sale, the sale, or the offering for sale, of
any article of wearing apparel made of fabric which under section 4 is
so highly flammable as to be dangerous when worn by individuals and
which has been shipped or received in commerce shall be unlawful and
shall be an unfair method of competition and an unfair and deceptive act
or practice in commerce under the Federal Trade Commission Act.

Standard of Flammability

Sec. 4. (a) Any fabric or article of wearing apparel shall be deemed
so highly flammable within the meaning of section 3 of this Act as to be
dangerous when worn by individuals if such fabrics or any uncovered or
exposed part of such article of wearing apparel exhibits rapid and
intense burning when tested under the conditions and in the manner
prescribed in the Commercial Standard promulgated by the Secretary of
Commerce effective January 30, 1953, and identified as ``Flammability of
Clothing Textiles, Commercial Standard 191-53,'' or exhibits a rate of
burning in excess of that specified in paragraph 3.11 of the Commercial
Standard promulgated by the Secretary of Commerce effective May 22,
1953, and identified as ``General Purpose Vinyl Plastic Film, Commercial
Standard 192-53.'' For the purposes of this Act, such Commercial
Standard 191-53 shall apply with respect to the hats, gloves, and
footwear covered by section 2(d) of this Act, notwithstanding any
exception contained in such Commercial Standard with respect to hats,
gloves, and footwear.
(b) If at any time the Secretary of Commerce finds that the
Commercial Standards referred to in subsection (a) of this section are
inadequate for the protection of the public interest, he shall submit to
the Congress a report setting forth his findings together with such
proposals for legislation as he deems appropriate.
(c) Notwithstanding the provisions of paragraph 3.1 Commercial
Standard 191-53, textiles free from nap, pile, tufting, flock or other
type of raised fiber surface when tested as described in said standard
shall be classified as class 1, normal flammability, when the time of
flame spread is three and one-half seconds or more, and as class 3,
rapid and intense burning when the time of flame spread is less than
three and one-half seconds. [Approved August 23, 1954.]

Administration and Enforcement

Sec. 5. (a) Except as otherwise specifically provided herein,
sections 3, 5, 6, and 8(b) of this Act shall be enforced by the
Commission under rules, regulations and procedures provided for in the
Federal Trade Commission Act.
(b) The Commission is authorized and directed to prevent any person
from violating the provisions of section 3 of this Act in the same
manner, by the same means and with the same jurisdiction, powers and
duties as though all applicable terms and provisions of the Federal
Trade Commission Act were incorporated into and made a part of this Act;
and any such person violating any provision of section 3 of this Act
shall be subject to the penalties and entitled to the privileges and
immunities provided in said Federal Trade Commission Act as though the
applicable terms and provisions of the said Federal Trade Commission Act
were incorporated into and made a part of this Act.
(c) The Commission is authorized and directed to prescribe such
rules and regulations as may be necessary and proper for purposes of
administration and enforcement of this Act.
(d) The Commission is authorized to--
(1) cause inspections, analyses, tests, and examinations to be made
of any article of wearing apparel or fabric which it has reason to
believe falls within the prohibitions of this Act; and
(2) cooperate on matters related to the purposes of this Act with
any department or agency of the Government; with any State, Territory,
or possession or with the District of Columbia; or with any department,
agency, or political subdivision thereof; or with any person.

[[Page 600]]

Injunction and Condemnation Proceedings

Sec. 6. (a) Whenever the Commission has reason to believe that any
person is violating or is about to violate section 3 of this Act, and
that it would be in the public interest to enjoin such violation until
complaint under the Federal Trade Commission Act is issued and dismissed
by the Commission or until order to cease and desist made thereon by the
Commission has become final within the meaning of the Federal Trade
Commission Act or is set aside by the court on review, the Commission
may bring suit in the district court of the United States or in the
United States court of any Territory for the district or Territory in
which such person resides or transacts business, to enjoin such
violation and upon proper showing a temporary injunction or restraining
order shall be granted without bond.
(b) Whenever the Commission has reason to believe that any article
of wearing apparel has been manufactured or introduced into commerce or
any fabric has been introduced in commerce in violation of section 3 of
this Act, it may institute proceedings by process of libel for the
seizure and confiscation of such article of wearing apparel or fabric in
any district court of the United States within the jurisdiction of which
such article of wearing apparel or fabric is found. Proceedings in cases
instituted under the authority of this section shall conform as nearly
as may be to proceedings in rem in admiralty, except that on demand of
either party and in the discretion of the court, any issue of fact shall
be tried by jury. Whenever such proceedings involving identical articles
of wearing apparel or fabrics are pending in two or more jurisdictions,
they may be consolidated for trial by order of any such court upon
application seasonably made by any party in interest upon notice to all
other parties in interest. Any court granting an order of consolidation
shall cause prompt notification thereof to be given to other courts
having jurisdiction in the cases covered thereby and the clerks of such
other courts shall transmit all pertinent records and papers to the
court designated for the trial of such consolidated proceedings.
(c) In any such action the court upon application seasonably made
before trial shall by order allow any party in interest, his attorney or
agent, to obtain a representative sample of the article of wearing
apparel or fabric seized.
(d) If such articles of wearing apparel or fabrics are condemned by
the court they shall be disposed of by destruction, by delivery to the
owner or claimant thereof upon payment of court costs and fees and
storage and other proper expenses and upon execution of good and
sufficient bond to the effect that such articles of wearing apparel or
fabrics will not be disposed of for wearing apparel purposes until
properly and adequately treated or processed so as to render them lawful
for introduction into commerce, or by sale upon execution of good and
sufficient bond to the effect that such articles of wearing apparel or
fabrics will not be disposed of for wearing apparel purposes until
properly and adequately treated or processed so as to render them lawful
for introduction into commerce. If such products are disposed of by sale
the proceeds, less costs and charges, shall be paid into the Treasury of
the United States.

Penalties

Sec. 7. Any person who willfully violates section 3 or 8(b) of this
Act shall be guilty of a misdemeanor, and upon conviction thereof shall
be fined not more than $5,000 or be imprisoned not more than one year or
both in the discretion of the court: Provided, That nothing herein shall
limit other provisions of this Act.

Guaranty

Sec. 8. (a) No person shall be subject to prosecution under section
7 of this Act for a violation of section 3 of this Act if such person
(1) establishes a guaranty received in good faith signed by and
containing the name and address of the person by whom the wearing
apparel or fabric guaranteed was manufactured or from whom it was
received, to the effect that reasonable and representative tests made
under the procedures provided in section 4 of this Act show that the
fabric covered by the guaranty, or used in the wearing apparel covered
by the guaranty, is not, under the provisions of section 4 of this Act,
so highly flammable as to be dangerous when worn by individuals, and (2)
has not, by further processing, affected the flammability of the fabric
or wearing apparel covered by the guaranty which he received. Such
guaranty shall be either (1) a separate guaranty specifically
designating the wearing apparel or fabric guaranteed, in which case it
may be on the invoice or other paper relating to such wearing apparel or
fabric; or (2) a continuing guaranty filed with the Commission
applicable to any wearing apparel or fabric handled by a guarantor, in
such form as the Commission by rules or regulations may prescribe.
(b) It shall be unlawful for any person to furnish, with respect to
any wearing apparel or fabric, a false guaranty (except a person relying
upon a guaranty to the same effect received in good faith signed by and
containing the name and address of the person by whom the wearing
apparel or fabric guaranteed was manufactured or from whom it was
received) with reason to believe the wearing apparel or fabric falsely
guaranteed may be introduced, sold, or transported in commerce, and any
person who violates the

[[Page 601]]

provisions of this subsection is guilty of an unfair method of
competition, and an unfair or deceptive act or practice, in commerce
within the meaning of the Federal Trade Commission Act.

Shipments From Foreign Countries

Sec. 9. Any person who has exported or who has attempted to export
from any foreign country into the United States any wearing apparel or
fabric which, under the provisions of section 4, is so highly flammable
as to be dangerous when worn by individuals may thenceforth be
prohibited by the Commission from participating in the exportation from
any foreign country into the United States of any wearing apparel or
fabric except upon filing bond with the Secretary of the Treasury in a
sum double the value of said products and any duty thereon, conditioned
upon compliance with the provisions of this Act.

Interpretation and Separability

Sec. 10. The provisions of this Act shall be held to be in addition
to, and not in substitution for or limitation of, the provisions of any
other law. If any provision of this Act or the application thereof to
any person or circumstances is held invalid the remainder of the Act and
the application of such provisions to any other person or circumstances
shall not be affected thereby.

Exclusions

Sec. 11. The provisions of this Act shall not apply (a) to any
common carrier, contract carrier, or freight forwarder with respect to
an article of wearing apparel or fabric shipped or delivered for
shipment into commerce in the ordinary course of its business; or (b) to
any converter, processor, or finisher in performing a contract or
commission service for the account of a person subject to the provisions
of this Act: Provided, That said converter, processor, or finisher does
not cause any article of wearing apparel or fabric to become subject to
this Act contrary to the terms of the contract or commission service; or
(c) to any article of wearing apparel or fabric shipped or delivered for
shipment into commerce for the purpose of finishing or processing to
render such article or fabric not so highly flammable, under the
provisions of section 4 of this Act, as to be dangerous when worn by
individuals.

Effective Date

Sec. 12. This Act shall take effect one year after the date of its
passage.

Authorization of Necessary Appropriations

Sec. 13. There is hereby authorized to be appropriated such sums as
may be necessary to carry out the provisions of this Act.

[40 FR 59889, Dec. 30, 1975]

PART 1610--STANDARD FOR THE FLAMMABILITY OF CLOTHING TEXTILES--Table of Contents

Subpart A--The Standard

Sec.
1610.1 Purpose.
1610.2 Scope.
1610.3 Requirements.
1610.4 Methods of test.
1610.5 Notes.

Subpart B--Rules and Regulations

1610.31 Terms defined.
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 Applications 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 11(c) of the act.
1610.40 Use of alternate apparatus, procedures, or criteria for tests
for guaranty purposes.

Subpart C--Interpretations and Policies

1610.61 Clarification of flammability standard for clothing textiles (CS
191-53).
1610.62 Reasonable and representative testing to assure compliance with
the standard for the clothing textiles.

Source: 40 FR 59891, Dec. 30, 1975, unless otherwise noted.

Codification Note: Part 1610 is a codification of the previously
unpublished standard for flammability of clothing textiles, Commercial
Standard 191-53, issued by the Department of Commerce, effective on
January 30, 1953. This flammability standard became mandatory through
section 4(a) of the Flammable Fabrics Act, as amended in 1954, and
remains in effect due to the savings clause (section 11) of Pub. L. 90-
189. 16 CFR part 1609

[[Page 602]]

contains the text of the Flammable Fabrics Act of 1953, as amended in
1954.

Authority: 16 U.S.C. 1191-1204, unless otherwise noted.

Subpart A--The Standard

Authority: Sec. 5, Pub. L. 83-88, 67 Stat. 112, as amended, 68 Stat.
770 (15 U.S.C. 1193); sec. 11, Pub. L. 90-189, 81 Stat. 568.

Note: All fabrics of natural or regenerated cellulose, as well as
certain types of finished and unfinished fabrics made from other natural
or synthetic fibers, are combustible. Some combustible fabrics, when
used for clothing, are potentially dangerous to the wearer because of
the speed and intensity of flame with which those fabrics burn and their
ease of ignition, and because of the design of the garment. Two of these
factors, the ease of ignition and the speed of flame spread, can be
measured with the instrument described herein.

It is suggested that measurement of these two factors, together with
visual observation of flame intensity, will permit the separation of
various fabrics into three classes of flammability, thus assisting in a
judgment of fabric suitability for clothing.

Sec. 1610.1 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 discouraging the use of any dangerously flammable
clothing textiles.

Sec. 1610.2 Scope.

(a) The standard provides methods of testing the flammability of
clothing and textiles intended to be used for clothing, \1\^,a,b
establishes three classes of flammability, sets forth the requirements
which textiles shall meet to be so classified, and warns against the use
of those textiles which have burning characteristics unsuitable for
clothing.
---------------------------------------------------------------------------

\1\ Hereinafter, ``clothing and textiles intended to be used for
clothing'' shall be referred to as ``textiles.''
\a\ All the numbered footnotes are from the original printing by the
Department of Commerce. All the lettered footnotes are new.
\b\ Refer to sections 2 and 4 of the Flammable Fabrics Act of 1953,
as amended in 1954, set out at 16 CFR part 1609, for the scope of the
Standard.
---------------------------------------------------------------------------

(b) Specific exceptions-- This standard shall not apply to:
(1) Hats, gloves, and footwear. \c\
---------------------------------------------------------------------------

\c\ Refer to sections 2(d) and 4 of the Flammable Fabrics Act of
1953, as amended in 1954, set out at 16 CFR part 1609 for exceptions to
this exception.
---------------------------------------------------------------------------

(2) Interlining fabrics. \2\
---------------------------------------------------------------------------

\2\ Interlining fabrics are not considered dangerously flammable
when used as interlinings. When used for other purposes they should be
tested and rated the same as any other fabrics.
---------------------------------------------------------------------------

Sec. 1610.3 Requirements.

(a)(1) Normal flammability, Class 1. This class shall include
textiles which meet the minimum requirements set forth in paragraph
(a)(1)(i) or paragraph (a)(1)(ii) of this section. Textiles meeting
these requirements are generally accepted by the trade as having no
unusual burning characteristics.
(i) Textile without nap, pile, tufting, flock, or other type of
raised-fiber surface. Such textiles in their original state and/or after
being dry-cleaned and washed as described in Sec. Sec. 1610.4(d) and
1610.4(e), when tested as described in Sec. 1610.4 shall be classified
as Class 1, normal flammability, when the time of flame spread is 4
seconds \d\ or more.
---------------------------------------------------------------------------

\d\ On August 23, 1954, the Flammable Fabrics Act was amended,
changing the test for the time of flame spread for plain-surfaced
fabrics, provided in paragraphs 3.1.1.1 (now Sec. 1610.3(a)(1)(i)) and
3.1.3.1 (now Sec. 1610.3(a)(3)(i)), by reducing the burning time from 4
to 3\1/2\ seconds. For the purpose of the administration of that act,
therefore, the 3\1/2\ second burning time for plain-surface fabrics is
applicable.
---------------------------------------------------------------------------

(ii) Napped, pile, tufted, flocked, or other textiles having a
raised-fiber surface. Such textiles in their original state and/or after
being dry-cleaned and washed as described in Sec. Sec. 1610.4(d) and
1610.4(e), when tested as described in Sec. 1610.4, shall be classified
as Class 1, normal flammability, when the time of flame spread is more
than 7 seconds, or when they burn with a rapid surface flash (from 0 to
7 seconds), provided the intensity of the flame is so low as not to
ignite or fuse the base fabric.
(2) Intermediate flammability, Class 2. This class shall include
textiles which meet the minimum requirements set

[[Page 603]]

forth in paragraph (a)(2)(i) of this section. Textiles meeting these
requirements are recognized by the trade as having flammability
characteristics between normal and rapid and intense burning.
(i) Napped, pile, tufted, flocked, or other textiles having a
raised-fiber surface. Such textiles in their original state and/or after
being dry-cleaned and washed as described in Sec. Sec. 1610.4(d) and
1610.4(e), when tested as described in Sec. 1610.4, shall be classified
as Class 2, intermediate flammability, when the time of flame spread is
from 4 to 7 seconds, both inclusive, and the base fabric ignites or
fuses.
(3) Rapid and intense burning, Class 3. This class shall include
textiles which have burning characteristics as described in paragraphs
(a)(3)(i) and (a)(3)(ii) of this section. Such textiles are considered
dangerously flammable and recognized by the trade as being unsuitable
for clothing because of their rapid and intense burning.
(i) Textiles free from nap, pile, tufting, flock, or other type of
raised-fiber surface. Such textiles in their original state and/or after
being dry-cleaned and washed as described in Sec. Sec. 1610.4(d) and
1610.4(e), when tested as described in Sec. 1610.4, shall be classified
as Class 3, rapid and intense burning, when the time of flame spread is
less than 4 seconds. \e\
---------------------------------------------------------------------------

\e\ See footnote d.
---------------------------------------------------------------------------

(ii) Napped, pile, tufted, flocked, or other textiles having a
raised-fiber surface. Such textiles in their original state and/or after
being dry-cleaned and washed as described in Sec. Sec. 1610.4(d) and
1610.4(e) when tested as described in Sec. 1610.4 shall be classified as
Class 3, rapid and intense burning, when the time of flame spread is
less than 4 seconds and when the intensity of flame is such as to ignite
or fuse the base fabric.

Sec. 1610.4 Methods of test.

(a)(1) Number and size of specimens required. Five specimens, each
measuring 2 by 6 inches, are required for each test.
(2) For textiles without a raised-fiber surface the long dimension
shall be that in which they burn most rapidly, and the more rapidly
burning surface shall be tested. To establish the long dimension and the
surface, preliminary tests are made as described in paragraph (g) of
this section, with specimens cut in different directions.
(3) For textiles having a raised-fiber surface, the direction of the
lay of the surface fibers shall be parallel with the long dimension of
the specimens. For this type of textiles with varying depths of pile,
tufting, etc., the specimens are taken from that part and tested on that
surface which has the fastest rate of burning.
(4) If the specimens in the preliminary test, when tested as
described in paragraph (g) of this section, do not ignite or are very
slow burning, or should have a fire-retarding finish, a swatch large
enough to provide the specimens required for the test, with allowance
for shrinkage in dry cleaning and washing, is subjected to the dry
cleaning and washing procedures described in paragraphs (d) and (e) of
this section. The specimens for the flammability test are then taken
from it.
(5) The specimens required for testing, each 2 by 6 inches, are
marked out on the back (or under side) of each sample with the long
dimension in the direction in which burning is most rapid, as
established in the preliminary trials. The end of the specimen toward
which and on the face of which burning is most rapid is identified by
attaching a staple to it. The specimens are then cut out.
[GRAPHIC] [TIFF OMITTED] TC03OC91.075

(b) Flammability tester. The flammability tester consists of a
draft-proof ventilated chamber enclosing a standardized ignition medium,
sample rack, and automatic timing device.
(1) Draft-proof chamber with vented top (A, fig. 2). This metal
chamber prevents air circulation around the specimen rack and flame, but
permits free ventilation for rapid oxidation. The chamber is 14\1/2\
inches wide, 8\1/2\ inches deep,

[[Page 604]]

and 14 inches high. There are 12 half-inch holes equidistant along the
rear of the top closure. A ventilating strip is provided at the base of
the sliding glass door in the front of the apparatus.
(2) Specimen rack (B, fig. 2). The specimen rack provides supports
for the frames in which the specimens are mounted. The angle of
inclination is 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 flame front. A stop is provided in the base
of the chamber to assist in adjusting the position of the rack.
(3) Specimen holder (C, fig. 2). The specimen holder consists of two
\1/16\ inch matched metal plates with clamps mounted along the sides,
between which the specimen is fixed. The plates are slotted and loosely
pinned for alignment. The two plates of the holder cover all but 1\1/2\
inches of the width of the specimen for its full length. The specimen
holder is supported in the draft-proof chamber on the rack at an angle
of 45 deg.. Five specimen holders are provided.
(4) Indicating finger (D, fig. 2). The forepart of this finger
touches the specimen when the rack is adjusted. By means of this finger
the thickness of the specimen is compensated for in the throw of the gas
nozzle.

[[Page 605]]

[GRAPHIC] [TIFF OMITTED] TC03OC91.076

(5) Control knobs (not shown). There are two of these knobs which
hold the rack in test position. The knobs can be reached under the stage
of the cabinet and permit forward and backward movements of the rack
when loosened.
(6) Ignition medium (E, fig. 2). The ignition medium consists of a
spring-motor-driven gas jet formed around a 26-gage hypodermic needle. A
trigger located in the front of the apparatus serves to wind the spring-
motor when the machine is placed in operation. The gas jet is protected
by a copper shield.
(7) Stop cord (F, fig. 2). This cord, stretched from the spool (P,
fig. 2) through suitable thread guides provided on the specimen frame
and chamber walls, permits the lacing of the cord in the proper position
exactly 5 inches from the point where the center of the ignition flame
impinges on the

[[Page 606]]

test specimen. The stop cord consists of a No. 50 mercerized sewing
thread and measures the rise and spread of the flame from the test
specimen.
(8) Pulley or eye (G5, fig. 2). The pulley or eye is the
support and guide for the stop cord. \g\
---------------------------------------------------------------------------

^g Other guides are specifically identified as the skyhook
(G\1\), the L-shaped guides (G2, G3) and a pigtail
guide (G6).See Sec. 1610.61(c)(1) for a clarification of the
stop cord position.
---------------------------------------------------------------------------

(9) Stop weight (H, fig. 2). The weight, attached by means of a clip
to the stop cord, in dropping actuates the stop motion.
(10) Slide door control (I, fig. 2). This knob moves the catch
mechanism used to hold the sliding door in an open position for
insertion of test specimen racks.
(11) Slide door (J, fig. 2). A glass door in its normal position
slides in the grooves at the front of the cabinet.
(12) Fuel-control valve (K, fig. 2). This valve consists of a
sensitive control device for regulating the fuel supply at the tank. The
valve ends in a \1/2\-inch male connection for attachment to the
standard butane tank of 2 pounds capacity.
(13) Flow meter (L, fig. 2). A flow meter is used to bring the fuel
supply to test level by means of the control valve. The flow meter
consists of a U-shaped glass tube cut into the gas line in a manner to
register the gas pressure delivered to the microburner. Attached to the
case wall behind the flow meter is a movable metal plate with two
parallel horizontal lines properly spaced for the desired flame length.
When the pressure is off, the plate is so regulated that the liquid
level in both sides of the U-shaped tube meets the lower line. When the
test is made the pressure is so adjusted that the higher liquid level in
the U-shaped tube meets the upper line.
(14) Butane, c.p., container \4\ (M, fig. 2). This fuel supply is a
No. 4 cylinder of c.p. butane.
---------------------------------------------------------------------------

\4\ Butane, c.p. No. 4 cylinders containing 2 pounds of butane may
be obtained from, among others, the Matheson Co., Inc., East Rutherford,
N.J.
---------------------------------------------------------------------------

(15) Stopwatch and timing mechanism (N, fig. 2). This watch, by
means of special attachments, is actuated to a start by connection with
the gas jet (E, fig. 2). A driving mechanism on rear of cabinet (S, fig.
2) moves the gas jet to its most forward position and automatically
starts the timing at the moment of flame impact. The falling weight (H,
fig. 2), when caused to move by severance of cord (F, fig. 2), stops the
watch. Timing is read directly.
(16) Starting lever (O, fig. 2). This lever is operated from left to
right in one stroke and is released to operate the gas jet.
(17) Cord supply (P, fig. 2). This supply, consisting of a spool of
No. 50 mercerized cotton sewing thread, is fastened to the side of the
chamber and can be withdrawn by releasing the thumbscrew holding same in
position.
(18) Cord loop (G4, fig. 2). At a point behind the stop
cord (F, fig. 2), on the rear panel, there is installed another loop to
draw the cord away from directly over the flame.
(19) Draft ventilator strip (Q, fig. 2). A draft ventilator strip is
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.
(c) Brushing device.\h\ (1) This device consists of a baseboard over
which a smaller carriage is drawn. This carriage runs on parallel tracks
attached to the edges of the upper surface of the baseboard. The brush
is hinged with pin hinges at the rear edge of the baseboard and rests on
the carriage vertically with a pressure of 150 grams.
---------------------------------------------------------------------------

\h\ See Sec. 1610.61(c)(2) for a clarification of the brushing
technique for fabric with raised-fiber surfaces.

---------------------------------------------------------------------------

[[Page 607]]

[GRAPHIC] [TIFF OMITTED] TC03OC91.077

Figure 3--Brushing device. ⁱ
(2) The brush consists of two rows of stiff nylon bristles mounted
with the tufts in a staggered position. The bristles are 0.016 inch in
diameter and 0.75 inch in length. There are 20 bristles per tuft and 4
tufts per inch. A clamp is attached to the forward edge of the movable
carriage to permit holding the specimen on the carriage during the
brushing operation.
(3) After the specimen has been put in place on the carriage and
fastened by means of the clamp, the brush is raised, the carriage pushed
to the rear, and the brush lowered to the face of the specimen. The
carriage is then drawn forward by hand at a uniform rate.
(d) Dry cleaning. A swatch from each sample, as mentioned in
paragraph (a)(4) of this section, shall be subjected to the following
dry-cleaning procedure.
(1) Apparatus. The apparatus is a cylinder, preferably of metal,
approximately 13 inches high and about 8\3/4\ inches in diameter
(capacity 3 gallons). The cylinder is mounted in a vertical position on
an axis which is inclined 50 deg. to the axis of the cylinder, and is
rotated about this axis at a speed of 45 to 50 revolutions per minute.
ⁱ
---------------------------------------------------------------------------

\i\ See footnote h; this picture is a reproduction of the figure
published in the original standard, and does not truly represent the
Commission's interpretation of the proper position of the specimen
during the brushing procedure (Sec. 1610.01(c)(2)). Specifically, the
specimen in the picture appears to be below the level of the upper half
of the specimen holder while the clarification requires the specimen to
be placed above this level. Also Sec. 1610.61(c)(1) allows for the use
of L-shaped guides.
---------------------------------------------------------------------------

(2) Cleaning procedure. The apparatus is filled approximately one-
third with perchlorethylene to which is added 270 ml of dry-cleaning
soap. \6\ The swatches and sufficient suitable worsted cloth, \7\ in
pieces of approximately 12 by 12 inches, to make a total dry load of 1
pound are placed in the apparatus. It is operated for 25 minutes. The
solution is poured out, the apparatus refilled to approximately one-
third with fresh perchlorethylene without soap, and the apparatus is
operated for an additional

[[Page 608]]

5 minutes. This last operation is repeated three times. The swatches are
then removed and the excess solvent removed from the swatches by any
convenient means, such as rolling them between two layers of turkish
toweling or between two layers of absorbent paper. They are then
permitted to dry at room temperature.
---------------------------------------------------------------------------

\6\ The soap shall be made by dissolving 56 grams of caustic potash
(KOH) in 100 ml of water. The potassium hydroxide solution shall be
poured slowly, with constant stirring, into a mixture of 340 grams of
oleic acid, 400 ml of Stoddard solvent (Commercial Standard CS3-40
grade), and 100 ml of tertiary butyl alcohol or an equal quantity of
butyl cellosolve.
\7\ A suitable worsted test fabric known as Moth Test cloth may be
obtained from Test-fabrics, Inc., 55 Van Dam St., New York 13, N.Y.
---------------------------------------------------------------------------

(e) Washing procedure. The swatches, after being subjected to the
dry-cleaning procedure (paragraph (d) of this section), shall then be
immersed and worked gently for 5 minutes in a bath of soft water in
which 0.5-percent neutral chip soap has been dissolved. The volume of
the bath shall be 30 times the weight of the swatches and the
temperature shall be between 95 deg. and 100 deg.F. The swatches shall
then be rinsed twice in water at 80 deg.F., extracted, and dried. The
individual specimens, each 2 by 6 inches, are then cut out as described
in paragraph (a)(5) of this section and tested as described in
paragraphs (f) and (g) of this section.
(f) Brushing and drying specimens. Each specimen having a raised-
fiber surface, in its original condition or after dry cleaning and
washing, is placed on the brushing device carriage (paragraph (c) of
this section) and drawn under the brush once against the lay of the
raised-fiber surface (see fig. 4). Other specimens do not require
brushing. All specimens are clamped individually in the specimen holders
of the flammability tester (paragraph (b)(3) of this section), with the
staple on top and the stapled end at the closed end of the holder. They
are then dried in a horizontal position in an oven for 30 minutes at 221
deg.F (105 deg.C), removed from the oven, and placed over anhydrous
calcium chloride in a desiccator until cool, but for not less than 15
minutes.
[GRAPHIC] [TIFF OMITTED] TC03OC91.078

Figure 4--Lay of nap
(g) Procedure for testing flammability. (1) Adjust the position of
the rack of the flammability tester (paragraph (b)(2) of this section)
with a holder and trial specimen (not a prepared specimen) in position,
so that the tip of the indicator finger touches the face of the
specimen.
(2) 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 flame to a length of \5/8\ inch, measured from its tip to the
opening in the gas nozzle.
(3) Remove the mounted specimen from the desiccator and place it in
a position on the rack in the chamber of the apparatus.
(4) See that the stop cord (No. 50 cotton sewing thread) is strung
through the guides in the upper plate of the specimen holder across the
top of the specimen, and through the guides at the rear of the chamber
over the guide ring, and that the weight is hooked in place close to and
just below the guide ring. Set the stop watch at zero. Close the door of
the apparatus. Conduct the test in a draft-free room with the apparatus
at room temperature.
(5) Bring the starting lever over to the extreme right and release
it. This starts the timing mechanism and applies the flame to the
specimen for a period of 1 second. This should be done within 45 seconds
of the time the specimen was removed from the desiccator. Timing is
automatic, starting upon application of the flame and ending when the
weight is released by the burning of the stop cord.

[[Page 609]]

(6) Record the time of flame spread (reading of stop watch) of each
specimen and note whether the base of each specimen having a raised-
fiber surface is ignited or fused to a point where the damage is
apparent from the bottom of the specimen.
(7) Results--(i) Time of flame spread. The time of flame spread of
the textile is taken as an average time for 5 specimens. Results of
tests of specimens before and after dry cleaning and washing shall be
recorded and reported separately. If the time of flame spread is less
than 4 seconds \8\ or if the specimens do not burn, test 5 additional
specimens. The time of flame spread is then taken to be the average time
for the 10 specimens or for as many of them as burn.
---------------------------------------------------------------------------

\8\ In the Flammable Fabrics Act, Congress adopted CS 191-53 as the
Commercial Standard to be applied under the law.
On August 23, 1954, the Flammable Fabrics Act was amended, changing
the test for the time of flame spread for plain-surfaced fabrics,
provided in paragraphs 3.1.1.1 and 3.1.3.1 [codified as
Sec. Sec. 1610.3(a)(1)(i) and 1610.3(a)(3)(i)], by reducing the burning
time from 4 to 3\1/2\ seconds.
For the purposes of the administration of that act, therefore, the
3\1/2\-second burning time for plain-surfaced fabrics is applicable.
---------------------------------------------------------------------------

(ii) Base fabric ignition or fusing. Base fabric ignition or fusing
of textiles having raised-fiber surfaces shall be reported when the base
fabric of more than 1 of the 5 (or 2 of the 10) specimens tested ignites
or fuses. \j\
---------------------------------------------------------------------------

\j\ See Sec. 1610.61(c)(3) for a clarification of the criterion for
classification of Class 3.
---------------------------------------------------------------------------

(8) Reporting results. The reported result shall be the flammability
before or after dry cleaning and washing, whichever is the lower; and,
based on this result, the textile shall be placed in the proper
classification as given in Sec. 1610.3.

[40 FR 59891, Dec. 30, 1975, as amended at 59 FR 33194, June 28, 1994]

Sec. 1610.5 Notes.

The methods of test and classifications outlined herein agree with
all essential requirements of the Standard Test Method for Flammability
of Clothing Textiles, of the American Association of Textile Chemists
and Colorists.

Subpart B--Rules and Regulations

Authority: Sec. 5, 15 U.S.C. 1194.

Note: An interpretation, with respect to Ornamental Veils or
Veilings, issued by the Federal Trade Commission at 32 FR 11850, Aug.
17, 1967, provides as follows:

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 Flammable Fabrics 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.

Where hats are composed entirely of ornamental millinery veils or
veilings such hats will not be considered as subject to the Flammable
Fabrics 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.

Sec. 1610.31 Terms defined.

As used in this part, unless the context otherwise specifically
requires:
(a) The term 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) The terms 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) The term 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) The terms marketing or handling means the transactions referred
to in section 3 of the Flammable Fabrics Act, as amended in 1967.
(e) The terms uncovered or exposed part of an article of wearing
apparel as used in section 4(a) of the act, mean that part of such
article of apparel which might during normal wear be open to flame or
other means of ignition.

[[Page 610]]

Note: 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.

(f) The term 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 therefor, or
combination thereof, of two inches or more in width, and which is in a
form or condition ready for use in wearing apparel.
(g) The term 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 having fancy
woven, knitted or flock printed surfaces.
(h) The term raised surface textile fabric means any textile fabric
which has an intentionally raised fiber or yarn surface such as a pile,
nap, or tufting.
(i) The term film means any nonrigid, 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 form or condition ready for use in wearing apparel, and
shall include film or sheeting exceeding 10 mils in thickness.
(j) The term test means the application of the relevant test method
prescribed in the procedures provided under section 4(a) of the Act.
(k) [Reserved]
(l) The term 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.
(m) The definition of terms contained in section 2 of the Act shall
be applicable also to such terms when used in rules promulgated under
the act.

[40 FR 59891, Dec. 30, 1975, as amended at 49 FR 48683, Dec. 14, 1984]

Sec. 1610.32 General requirements.

(a) 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, is so highly flammable as to be dangerous when worn by individuals.
(b) The provisions of Sec. 1610.4(g)(7) of the Standard for the
Flammability of Clothing Textiles, relating to results of testing, shall
be applied to tests of fabrics and articles of wearing apparel subject
to the Standard. To compute the average time of flame spread for each
set of five specimens, at least two of the specimens must ignite and
burn the stop cord for the specimen. However, if fewer than two
specimens of any given set of five ignite and burn the entire length of
the specimen, test results shall be interpreted according to the
provisions of paragraphs (b)(1) through (b)(4) of this section.
(1) If no specimen ignites and burns the stop cord, the results of
that test shall be regarded as Class 1 (passing).
(2) If only one of five specimens of a plain surface fabric ignites
and burns the stop cord with a time of 3.5 seconds or more, the results
of that test shall be regarded as Class 1 (passing).
(3) If only one of five specimens of a raised-fiber surface fabric
ignites and burns in less than 4 seconds, but the base does not ignite
or fuse, the results of that test shall be regarded as Class 1
(passing). If only one of five specimens of a raised-fiber surface
fabric ignites or burns in more than 4 seconds, regardless of whether
the base fabric ignites or fuses, the results of that test shall be
regarded as Class 1 (passing).
(4) If only one specimen ignites and burns the stop cord in less
than 3.5 seconds for plain-surface fabrics or less than 4.0 seconds for
raised-fiber surface fabrics where the base fabric ignites or fuses,
test another set of five specimens. See Sec. 1610.4(g)(7). Compute the
average time of flame spread for all 10 specimens. If two or more of the
specimens ignite and burn the stop cord, average the results from all
specimens which ignited and burned the stop cord. See
Sec. Sec. 1610.3(a)(3) and 1610.4(g)(7). If only one of the ten
specimens ignites

[[Page 611]]

and burns the stop cord, the test is inconclusive. The Commission will
take no enforcement action on the basis of that test. The Commission may
conduct additional testing of the fabric or article of wearing apparel,
but the results of any inconclusive test shall not be averaged with
results obtained from any other test.

[50 FR 7761, Feb. 26, 1985; 50 FR 11848, Mar. 26, 1985]

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, and
identified as ``Flammability of Clothing Textiles, Commercial Standard
191-53''.
(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, the
flammability standard incorporated in the Commercial Standard
promulgated by the Secretary of Commerce effective May 22, 1953, and
identified as ``General Purpose Vinyl Plastic Film, Commercial Standard
192-53'', 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, the flammability standard incorporated in the Commercial Standard
promulgated by the Secretary of Commerce effective May 22, 1953, and
identified as ``General Purpose Vinyl Plastic Film, Commercial Standard
192-53.''

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

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 section 4(a)
of the act.

Note: 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. 1610.4(f) of the Standard for the Flammability of
Clothing Textiles 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.
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. Sec. 1610.36(f)
and 1610.11(f).

[50 FR 7761, Feb. 26, 1985]

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. Sec. 1610.4(d) and 1610.4(e)
when tested

[[Page 612]]

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 1610.4(a)(4), which requires that certain samples shall
be dry cleaned or washed 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. 1610.4(d).
(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 section 4(a) of the act, 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.
(d) A textile fabric which is less than six inches in width need
only, upon test under the procedures outlined in subpart A of part 1610,
be tested in a lengthwise direction.

[40 FR 59891, Dec. 30, 1975, as amended at 50 FR 51671, Dec. 19, 1985]

Sec. 1610.36 Applications of act to particular types of products.

[[Page 613]]

(d) 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 which such handkerchiefs or other
articles constitute textile fabrics as the term ``textile fabric'' is
defined in Sec. 1610.31(f).
(e) 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.

Note: An interpretation to Sec. 302.0(c) issued by the Federal Trade
Commission, 30 FR 16106, Dec. 28, 1965, provides as follows:
``Sec. 1610.36(c) does not exclude products from the act on the sole
basis of the size, description or designation of such product.
``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, or costume, such
product is not a handkerchief and constitutes an article of wearing
apparel as defined in and subject to the provisions of the Flammable
Fabrics Act, irrespective of its size, or its description or designation
as a handkerchief or any other term.''

(Secs. 4, 5, 67 Stat. 112, 113, as amended, 68 Stat. 770, 81 Stat. 571,
90 Stat. 515 (15 U.S.C. 1193, 1194); sec. 30(b), 86 Stat. 1207 (15
U.S.C. 2079(b))

[40 FR 59891, Dec. 30, 1975, as amended at 50 FR 7762, Feb. 26, 1985]

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 Flammable Fabrics
Act (FFA, 15 U.S.C. 1197(a)) provides that no person shall be subject to
criminal prosecution under section 7 of the FFA (15 U.S.C. 1196) for a
violation of section 3 of the FFA (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 FFA, and the Federal
Trade Commission Act (15 U.S.C. 45), nor to any civil action for
injunction or seizure brought under section 6 of the FFA (15 U.S.C.
1195).
(2) Section 8 of the FFA 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
FFA; 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

[[Page 614]]

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 fims 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.
(d) 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,
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.

(Sec. 5, Pub.L. 90-189, 81 Stat. 569, 15 U.S.C. 1194; sec. 30, Pub.L.
92-573, 86 Stat. 1231, 15 U.S.C. 2079)

[49 FR 48689, Dec. 14, 1984; 50 FR 11847, Mar. 26, 1985]

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:

[[Page 615]]

(1) 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 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. 5, Pub.L. 90-189, 81 Stat. 569, 15 U.S.C. 1194; sec. 30, Pub.L.
92-573, 86 Stat. 1231, 15 U.S.C. 2079)

[40 FR 59891, Dec. 30, 1975, as amended at 49 FR 48690, Dec. 14, 1984]

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 direct to 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 (1) that the textile fabric or
article of wearing apparel has been shipped for appropriate flammability
treatment, and (2) 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 (i) that the
imported textile fabrics or articles of wearing apparel have been
shipped for appropriate flammability treatment, and (ii) that 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 Bureau of Customs an affidavit stating:
These fabrics (or articles of wearing apparel) are dangerously
flammable under the provisions of section 4 of the Flammable Fabrics
Act, and will not be sold or used in their present condition but will be
processed or finished by the undersigned or by a duly authorized agent
so as to render them not so highly flammable under the provisions of
section 4 of the Flammable Fabrics Act, as to be dangerously flammable
when worn by individuals. The importer agrees to maintain the records
required by 16 CFR 1610.39(c)(1).
(3) The importer, if requested to do so by the Bureau of Customs,
furnishes an adequate specific-performance bond conditioned upon the
complete discharge of the obligations assumed in paragraphs (c) (1) and
(2) of this section.

[[Page 616]]

sections 3, 6, 7, and 9 of the act. In particular, section 11(c) does
not authorize the sale or offering for sale of any article of wearing
apparel or textile fabric which is in fact dangerously flammable at the
time of sale or offering for sale, even though the seller intends to
ship the article for treatment prior to delivery to the purchaser or has
already done so. Moreover, under section 3 of the act a person is liable
for a subsequent sale or offering for sale if, despite the purported
completion of treatment to render it not dangerously flammable, the
article in fact remains dangerously flammable.

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

(a) Section 8(a) of the Flammable Fabrics Act (FFA, 15 U.S.C.
1197(a)) provides that no person shall be subject to criminal
prosecution under section 7 of the FFA (15 U.S.C. 1196) for a violation
of section 3 of the FFA (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 FFA. One of those requirements is that the guaranty
must be based upon ``reasonable and representative tests'' in accordance
with the applicable standard.
(b) The Standard for the Flammability of Clothing Textiles (the
Standard) prescribes apparatus and procedures for testing fabrics and
garments subject to its provisions. See 16 CFR 1610.4. The Standard
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 16 CFR 1610.3. Sections 3 and 4 of the Flammable Fabrics
Act, as enacted in 1953 and amended in 1954, prohibits 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 the Standard, or alternate tests which utilize apparatus or
procedures other than those in the Standard. 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 the Standard 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 the Standard, if such alternate test is as stringent as, or more
stringent than, the test in the Standard. The Commission considers an
alternate test to be ``as stringent as, or more stringent than'' the
test in the Standard if, when testing identical specimens, the alternate
test yields failing results as often as, or more often than, the test in
the Standard. 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 the Standard.
(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 the Standard 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 the Standard 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 the
standard is not required. The Commission will not approve or disapprove
any specific alternate test utilizing apparatus or procedures other than
those in the Standard.
(f) Use of any alternate test to support guaranties of items subject
to the

[[Page 617]]

Standard without the information required by this section may result in
violation of section 8(b)), of the FFA (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 the Standard. 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 FFA;
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 FFA.

(Reporting requirements contained in paragraph (d) were approved by
Office of Management and Budget under control number 3041-0024)

[48 FR 21315, May 12, 1983]

Subpart C--Interpretations and Policies

Sec. 1610.61 Clarification of flammability standard for clothing textiles (CS 191-53).

(a) Background. (1) The Flammable Fabrics Act, which became
effective July 1, 1954 (Pub. L. 83-88, 67 Stat. 111-15), adopted
Commercial Standard 191-53 as a mandatory flammability standard to be
applied under that act (CS 191-53 had been a voluntary commercial
standard, entitled ``Commercial Standard 191-53, Flammability of
Clothing Textiles,'' which became effective January 30, 1953).
(2) On August 23, 1954, the Flammable Fabrics Act was amended (68
Stat. 770) to reduce the burning time for flame spread as provided in CS
191-53.
(3) As amended and revised December 14, 1967 by Public Law 90-189
(81 Stat. 568-74), the Flammable Fabrics Act no longer specifically
referred to CS 191-53; however, Public Law 90-189 contained a ``savings
clause'' (section 11), which continued the applicability of any standard
effective under the act theretofore until superseded or modified. No
such change occurred thereafter to CS 191-53 which, accordingly,
continues to be a mandatory flammability standard under the act.
(b) Need for clarification. It has been brought to the attention of
the Consumer Product Safety Commission that lack of clarity in CS 191-53
regarding (1) the positioning of the stop cord, (2) the technique for
brushing fabrics with raised-fiber surface, and (3) the criterion for
failure of a fabric with a raised-fiber surface results in variations in
the way tests are conducted or results are interpreted under the
standard, thereby making both compliance with and enforcement of the
standard under the Flammable Fabrics Act needlessly contentious.
(c) Clarifying interpretations. To alleviate this situation, the
Consumer Product Safety Commission adopts the following interpretations
on these subjects for CS 191-53:
(1) Stop cord. The stop cord shall be three-eighths of an inch 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 L-shaped guides and an additional thread guide popularly referred
to as a ``sky hook.'' The essential condition, however, is the uniform
height of three-eighths of an inch for the stop cord and not the number,
placement, or design of the thread guides.
(2) Brushing. 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. Accordingly, such template
should be one-eighth of an inch thick.
(3) Criterion for failure. In the case of those fabrics having a
raised-fiber surface for which a flame spread time of less than 4
+seconds occurs and is the result of surface burning (sometimes referred
to as ``surface flash''), the additional finding of base fabric ignition
or fusion that is required to establish a failure shall have to be
associated with the propagating surface flame and not the igniting
flame.

(Sec. 1, et seq., 67 Stat. 111-15, as amended, 68 Stat. 770, 81 Stat.
568-74 (15 U.S.C. 1191-1204, note under 1191))

[[Page 618]]

Sec. 1610.62 Reasonable and representative testing to assure compliance with the standard for the clothing textiles.

(a) Background. (1) The CPSC administers the Flammable Fabrics Act
(FFA), 15 U.S.C. 1191-1204. Under the FFA, among other things, the
Commission enforces the Flammability Standard for Clothing Textiles (the
``general wearing apparel 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 general wearing apparel 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). 16 CFR 1610.2. Class 1 textiles, those that
exhibit normal flammability, are acceptable for use in clothing. 16 CFR
1610.3(a)(1). Class 2 textiles, applicable only to raised fiber
surfaces, are considered to be of intermediate flammability, but may be
used in clothing. 16 CFR 1610.3(a)(2). Finally, class 3 textiles, those
that exhibit rapid and intense burning, are dangerously flammable and
may not be used in clothing. 16 CFR 1610.3(a)(3). 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 FFA, 15 U.S.C. 1192(a).
(3) CPSC currently uses retail surveillance, attends appropriate
trade shows, follows up on reports of noncompliance and previous
violations, and works with U.S. Customs 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 FFA. Of particular relevance to the latter two remedies are
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 FFA, 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.\1\ Under 16 CFR 1610.37, a person, to issue a
guaranty, should first evaluate the type of fabric to determine if it
meets testing exemptions (16 CFR 1610.37(d)); \2\ if not, 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.
---------------------------------------------------------------------------

\1\ 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.
\2\ Some textiles never exhibit unusual burning characteristics and
need not be tested. 16 CFR 1610.37(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.
---------------------------------------------------------------------------

(5) In determining whether a firm has committed a ``knowing''
violation of a flammability standard that warrants imposition of a civil
penalty, the CPSC

[[Page 619]]

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 since 1994 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. Since August 1994, 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 general wearing apparel standard:
(1) Purchase fabrics or garments that meet testing exemptions listed
in 16 CFR 1610.37(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.

[63 FR 42697, Aug. 11, 1998]

PART 1611--STANDARD FOR THE FLAMMABILITY OF VINYL PLASTIC FILM--Table of Contents

Subpart A--The Standard

Sec.
1611.1 Purpose and scope.
1611.2 General description of products covered.
1611.3 Flammability--general requirement.
1611.4 Flammability test.

[[Page 620]]

Subpart B--Rules and Regulations

1611.31 Terms defined.
1611.32 General requirements.
1611.33 Test procedures for textile fabrics and film.
1611.34 Only uncovered or exposed parts of wearing apparel to be tested.
1611.35 Testing certain classes of fabric and film.
1611.36 Application of act to particular types of products.
1611.37 Reasonable and representative tests under section 8 of the act.
1611.38 Maintenance of records by those furnishing guaranties.
1611.39 Shipments under section 11(c) of the act.

Source: 40 FR 59898, Dec. 30, 1975, unless otherwise noted.

Codification Note: Part 1611 is a codification of the previously
unpublished flammability standard for vinyl plastic film which was
derived from part of the requirements of Commercial Standard 192-53,
issued by the Department of Commerce, effective on May 22, 1953. This
flammability standard became mandatory through section 4(a) of the
Flammable Fabrics Act, as amended in 1954, and remains in effect due to
the savings clause (section 11) of Public Law 90-189. Paragraph 3.11 of
the Commercial Standard, referred to in the 1954 act, has been codified
as Sec. 1611.3 16 CFR part 1609 containes the text of the Flammable
Fabrics Act of 1953, as amended in 1954.

Subpart A--The Standard

Authority: Sec. 4, Pub. L. 83-88, 67 Stat. 112, as amended, 68 Stat.
770 (15 U.S.C. 1193); sec. 11, Pub. L. 90-189, 81 Stat. 568.

Sec. 1611.1 Purpose and scope.

The purpose of this standard is to promulgate a minimum standard for
flammability of vinyl plastic film which are subject to the requirements
of the Flammable Fabrics Act.

Sec. 1611.2 General description of products covered.

The material covered is nonrigid, unsupported, vinyl plastic film,
including transparent, translucent, and opaque material, whether plain,
embossed, molded or otherwise surface treated. \a\
---------------------------------------------------------------------------

\a\ Refer to sections 2 and 4 of the Flammable Fabrics Act of 1953,
as amended in 1954, set out at 16 CFR part 1609 for the scope of this
standard. The vinyl plastic film covered by Commercial Standard 192-53,
as promulgated by the Secretary of Commerce was vinyl plastic film 10
mils and less in thickness (see Sec. 1.3 of the voluntary standard).
After CS 191-53 and CS 192-53 were made mandatory by section 4 of the
act, the Federal Trade Commission clarified the scope of the standards
in rules and regulations now found at Sec. Sec. 1611.31(i) and
1611.33(b) (formerly 16 CFR 302.1(a)(9) and 302.3(b)).
---------------------------------------------------------------------------

Sec. 1611.3 Flammability--general requirement.

The rate of burning shall not exceed 1.2 in./sec as judged by the
average of five determinations lengthwise and five determinations
transverse to the direction of processing, when the material is tested
with the SPI flammability tester in accordance with the method described
in Sec. 1611.4.

Sec. 1611.4 Flammability test.

(a) Apparatus and materials. The apparatus shall be constructed
essentially as shown in figure 1 and shall consist of the following:
(1) Specimen holder. (i) A removable, flat, specimen-holding rack,
the upper and lower sections of which are separate, shall have the shape
and dimensions shown in figure 2 (sketch of sample-holding rack). The
specimen is supported by tight closure of the upper and lower sections
around the sides of the specimen. The center section of the rack
contains an open U-shaped area in which burning of the specimen takes
place. At the open end of the rack the forked sides are at an angle of
45 deg. for the last inch. Thus, when the rack is slid into the cabinet
on runners mounted at a 45 deg. angle, the bent portion of the specimen
adjacent to the igniter flame is vertical and the remainder is at
45 deg..
(ii) The switch actuators consist of suitable springs mounted on the
side of the rack, one just beyond the curved portion at the open end,
and the other at the closed end of the U-shaped holder. The springs are
depressed and held in position prior to ignition by means of cotton
thread suitably wound across the specimen and securely attached to the
rack. As flame reaches these threads, the springs are released, thus
activating the microswitches of the stop clocks.
(2) Igniter flame. The igniter flame shall be produced at the tip of
a No. 22

[[Page 621]]

hypodermic needle jet. The igniter shall be so located in the cabinet
that the tip of the needle is \9/16\ in. from the surface of the
specimen when the specimen rack is in place.
(3) Cabinet. The cabinet shall protect the igniter flame and
specimen from air currents during tests, yet contain a suitable door or
window for visual operation, provision for inserting the specimen
holder, and adjustable vents to supply sufficient air for combustion of
the specimen. It should also be capable of rapid ventilation following a
test so that all combustion products can be removed between tests. A
hood may be used if its exhaust fan is turned off during the test.
(4) Timing mechanism. The burning rate shall be determined by a stop
clock through microswitches mounted on the specimenholder rack. The
clock is started when the specimen flame burns the first thread, and is
stopped when the thread at the upper end of the holder, 6 in. from the
first thread, burns apart. The timing mechanism shall be capable of
indicating time interval to 0.1 second.
(5) Butane. Unless otherwise specified, butane gas shall be used for
the igniter flame.
(6) Thread. J. & P. Coats heavy-duty white cotton thread.
(7) Microburner.
(b) Test specimens. (1) Test specimens shall be 3 in. in width and 9
in. in length. They shall be free from folds or wrinkles. Five specimens
from each direction (machine and transverse) of a given material shall
be tested.
(2) Conditioning. The conditioning procedure shall conform to the
requirements of procedure B of ASTM D618, Tentative Methods of
Conditioning Plastics and Electrical Insulating Materials for Testing.
(c) Procedure. (1) After preparing the specimens, the holder shall
be threaded so as to depress the switch actuators (springs) at least \1/
4\ in. from the edge of the holder. Each actuator shall be separately
threaded, the thread passing down through the J-slots and under the
upper jaws so that the thread is adjacent to the specimen when the
holder is closed.
(2) The specimen shall be inserted into the holder so that it
extends down into the lock springs and is held firmly between the two
wires at the open end of the burning channel. These wires insure that
the end of the specimen is always the correct distance from the igniter
flame. The sample shall be free from wrinkles or distortion when the
holder is closed. The specimen should not extend beyond the outer edge
of the lower plate, otherwise the rack may not slide freely on the slide
channel on introducing it into the cabinet.
(3) Prior to introducing the specimen and holder into the cabinet,
both electrical switches shall be set for automatic timing. The needle
valve regulating the butane flow shall be adjusted to provide a \1/2\-
in. flame. (When the specimen is in place its surface is \9/16\ in. from
the tip of the needle and the flame is just barely flattened against the
specimen. This can be checked by using a specimen made of asbestos in
place of a plastic specimen.)
(4) With the hood fan off, clocks zeroed, and the flame adjusted as
mentioned, the door is closed and the specimen holder is then inserted
at a constant rate. The holder should be allowed to slide down the rails
by gravity, taking about one-half second to travel the length of the
slide. Any hesitation in bringing the specimen holder fully into burning
position may cause erroneous ignition results.
(5) The burning time shall be read from the stop clock and the rate
of burning calculated. Results that deviate from the mean value of all
tests should be rejected if the deviation of the doubtful value is more
than five times the average deviation from the mean obtained by
excluding the doubtful value. Such doubtful values shall be discarded
and retests made.

[[Page 622]]

[GRAPHIC] [TIFF OMITTED] TC03OC91.079

[GRAPHIC] [TIFF OMITTED] TC03OC91.080

[[Page 623]]

Subpart B--Rules and Regulations

Authority: Sec. 5, 15 U.S.C. 1194.

Note: An interpretation, with respect to Ornamental Veils or
Veilings, issued by the Federal Trade Commission at 32 FR 11850, Aug.
17, 1967, provides as follows:

Sec. 1611.31 Terms defined.

As used in this part, unless the context otherwise specifically
requires:
(a) The term 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) The terms 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) The term 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) The terms marketing or handling means the transactions referred
to in section 3 of the Flammable Fabrics Act, as amended in 1967.
(e) The terms uncovered or exposed part of an article of wearing
apparel as used in section 4(a) of the act, means that part of such
article of apparel which might during normal wear be open to flame or
other means of ignition.

Note: 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.

(f) The term 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 man-made fiber, or substitute therefore, or
combination thereof, of two inches or more in width, and which is in a
form or condition ready for use in wearing apparel.
(g) The term 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 having fancy
woven, knitted or flock printed surfaces.
(h) The term raised surface textile fabric means any textile fabric
which has an intentionally raised fiber or yarn surface such as a pile,
nap, or tufting.
(i) The term film means any nonrigid, 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 form or condition ready for use in wearing apparel, and
shall include film or sheeting exceeding 10 mils in thickness.
(j) The term test means the application of the relevant test method
prescribed in the procedures provided under section 4(a) of the act.
(k) The term initial test means tests made under the procedures
prescribed in section 4(a) of the act of specimens taken from two
separate pieces of a textile fabric, or textile fabric with a nitro-
cellulose fiber, finish or coating, having the same weight, construction
and finish type, or from two separate runs of film having the same
formula, finish, color, and thickness.
(l) The term finish type means a particular finish, but does not
include

[[Page 624]]

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.
(m) The definition of terms contained in section 2 of the act shall
be applicable also to such terms when used in rules promulgated under
the act.

Sec. 1611.32 General requirements.

(a) 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, is so highly flammable to be dangerous when worn by individuals.
(b)(1) In the application of the requirements of Sec. 1611.3 of the
Standard to any item of film, coated fabric, or wearing apparel, compute
the average burn rate from five specimens burned transverse to the
direction of processing and the average burn rate from an additional
five specimens burned lengthwise to the direction of processing. If
either the average burn rate from the five specimens burned transverse
or the average burn rate from the five specimen burned lengthwise
exceeds 1.2 inches per second, the test results shall be interpreted as
a failure.
(2) To compute the average burn rate for each set of five specimens,
at least two of the specimens must ignite and burn the stop cord for the
specimen. However, if fewer than two specimens of any given set of five
specimens ignite and burn the stop cord for the specimen, the test
results shall be interpreted according to provisions of paragraphs
(b)(2)(i) through (iii) of this section:
(i) If no specimen ignites and burns the stop cord, the test results
of that set of specimens shall be regarded as passing.
(ii) If only one specimen of the set of five specimens ignites and
burns the stop cord with passing results, the results of that set of
specimens will be regarded as passing.
(iii) If only one specimen of the set of five specimens ignites and
burns the stop cord with failing results, test another set of five
specimens from the same direction of processing. Compute the average
burn rate for all ten specimens in the same direction of processing. If
two or more of the 10 specimens ignite and burn the stop cord, average
the results from all 10 specimens which ignited and burned the stop
cord. If only one of the 10 specimens ignites and burns the stop cord,
the test is inconclusive. The Commission will take no enforcement action
on the basis of that test. The Commission may conduct additional testing
of the article of film, coated fabric, or wearing apparel, but the
results of any inconclusive test shall not be averaged with results
obtained from any other test.

[50 FR 7762, Feb. 26, 1985; 50 FR 11848, Mar. 26, 1985]

Sec. 1611.33 Test procedures for textile fabrics and film.

[[Page 625]]

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, the flammability
standard incorporated in the Commercial Standard promulgated by the
Secretary of Commerce effective May 22, 1953, and identified as
``General Purpose Vinyl Plastic Film, Commercial Standard 192-53.''

Sec. 1611.34 Only uncovered or exposed parts of wearing apparel to be tested.

Note: 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 underlying fabric, the multilayered fabric may
be tested under either part 1611 or Part 1610--Standard for the
Flammability of Clothing Textiles. However, if the conditioning
procedures required by Sec. 1610.4(f) of the Standard for the
Flammability of Cloth Textiles 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.
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. Sec. 1610.36(f)
and 1611.36(f).

[50 FR 7762, Feb. 26, 1985]

Sec. 1611.35 Testing certain classes of fabric and film.

(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. Sec. 1610.4 (d) and (e) when
tested under the Standard for the Flammability of Clothing Textiles 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 1610.4(a)(4) of the Standard for the Flammability of
Clothing Textiles, which requires that certain samples shall be dry
cleaned or washed 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. 1610.4(d).
(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 section 4(a) of the act, 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.
(d)(1) Items which are subject to the Standard for the Flammability
of Vinyl Plastic Film from which a test specimen 3 inches by 9 inches
cannot be taken lengthwise to the direction of processing shall not be
tested in the lengthwise direction.

[[Page 626]]

(2) Items which are subject to the Standard for the Flammability of
Vinyl Plastic Film from which a test specimen 3 inches by 9 inches
cannot be taken transverse to the direction of processing shall not be
tested in the transverse direction.

[40 FR 59898, Dec. 30, 1975, as amended at 50 FR 51671, Dec. 19, 1985]

Sec. 1611.36 Application of act to particular types of products.

(a) 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) 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) Except as provided in paragraph (d) 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.
(d) 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 which such handkerchiefs or other
articles constitute textile fabrics as the term ``textile fabric'' is
defined in Sec. 1611.31(f).
(e) 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.

[[Page 627]]

(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. (15 U.S.C. 1193, 1194; 15
U.S.C. 2079(b))

Note: An interpretation to Sec. 302.6(c) issued by the Federal Trade
Commission, 30 FR 16106, Dec. 28, 1965, provides as follows:
``Sec. 1611.36(c) does not exclude products from the act on the sole
basis of the size, description or designation of such product.
``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, or costume, such
product is not a handkerchief and constitutes an article of wearing
apparel as defined in and subject to the provisions of the Flammable
Fabrics Act, irrespective of its size, or its description or designation
as a handkerchief or any other term.''

(Secs. 4, 5, 67 Stat. 112, 113, as amended, 68 Stat. 770, 81 Stat. 571,
90 Stat. 515 (15 U.S.C. 1193, 1194); sec. 30(b), 86 Stat. 1207 (15
U.S.C. 2079(b))

[40 FR 59898, Dec. 30, 1975, as amended at 50 FR 7763, Feb. 26, 1985]

Sec. 1611.37 Reasonable and representative tests under section 8 of the Act.

Explanation: Section 8 of the Act, among other things, provides that
no person shall be subject to prosecution under section 7 of the Act for
a violation of section 3 of the Act if such person establishes a
guaranty received in good faith signed by and containing the name and
address of the person by whom the wearing apparel or fabric guaranteed
was manufactured or from whom it was received, to the effect that
reasonable and representative tests made under the procedures provided
in section 4(a) of the Act show that the fabric covered by the guaranty,
or used, or contained in the wearing apparel, is not, under the
provisions of section 4(a) of the Act, so highly flammable as to be
dangerous when worn by individuals.
While one establishing a guaranty received in good faith would not
be subject to criminal prosecution under section 7 of the Act, he, or
the merchandise involved, would nevertheless, remain subject to the
administrative processes of the Consumer Product Safety Commission under
section 5 of the Act, as well as the injunction and condemnation
procedures under section 6 of the Act.
The furnishing of guaranties is not mandatory under the Act. The
purpose of this rule is to establish minimum requirements for the
reasonable and representative tests on which guaranties may be based.
(a) The following shall constitute reasonable and representative
tests, as that term is used in section 8 of the Act, for those textile
fabrics which by reason of their composition, construction, finish type
or weight may be tested upon a class basis. The word ``class'' as used
in this section means a category of textile fabrics having certain
general constructional or finished characteristics, sometimes in
association with a particular fiber, and covered by a class or type
description generally recognized by the trade. In certain instances the
use of class tests is restricted by this section to a particular textile
fabric of the same fiber composition, construction and finish type. The
results of such class tests may be used by any person as a basis for
furnishing guaranties under section 8 of the Act on all textile fabrics
of the same class.
(1) Plain surface textile fabrics weighing two ounces or more per
square yard. (i) One test of any plain surface textile fabric weighing
two ounces or more per square yard, exclusive of metallic ornamentation,
or one test of any fabric in a particular class of such fabrics, shall
suffice for any such fabric or class of fabrics.
(2) Plain surface textile fabrics weighing less than two ounces per
square yard. (i) When, on the initial test of any plain surface textile
fabric weighing less than two ounces per square yard, such fabric
exhibits a burning time of 3.5 seconds or more, such test may suffice
for any fabric of the same fiber composition, construction and finish
type. This class of fabric shall be tested at least once at intervals of
not more than three months thereafter while in production. If, after
four consecutive interval production tests have been made, none of such
test results show the flame spread to have been less than 4.5 seconds,
no further tests of such class of fabric need be made.

[[Page 628]]

(ii) When, on the initial test of any plain surface textile fabric
weighing less than two ounces per square yard, none of the specimens
ignite, such initial test may suffice for any fabric of the same fiber
composition, construction and finish type.
(iii) When, on the initial test of any plain surface textile fabric
weighing less than two ounces per square yard, such fabric ignites but
the flame is extinguished before the stop cord is burned, such test may
suffice for any fabric of the same fiber composition, construction and
finish type. This class of fabric shall be tested at least once at
intervals of not more than one year thereafter while in production.
(3) Certain raised fiber surface textile fabrics. (i) When a test of
any raised fiber surface textile fabric which has a dense cut pile of
uniform short length or looped yarns, does not exhibit a surface flash
and does not ignite, such test shall suffice for any such fabric having
a dense cut pile of the same length or the same looped yarns and of the
same fiber composition, construction and finish type. Examples of the
types of fabrics referred to are velvet, velveteens, velours, and
corduroys.
(ii) One test of any raised fiber surface textile fabric, the raised
fiber surface of which consists of not less than ninety percentum (90%)
protein fiber, or one test of any fabric in a particular class of such
fabrics, shall suffice for any such fabric or class of fabrics.
(iii) When, on the initial test of any raised surface textile fabric
which has a surface composed of looped yarns, such fabric exhibits a
burning time in excess of 12 seconds, such test may suffice for any such
fabric having the same looped yarns and of the same fiber composition,
construction and finish type. An example of the type of fabric referred
to is ``terry cloth''.
(b) Raised fiber surface textile fabrics: When, on the initial test
of a raised fiber surface textile fabric, such fabric:
(1)(i) Falls within Class 2 as provided in Sec. 1610.3(a)(2)(i), the
fabric shall be tested at least once at intervals of not more than one
month while in production, or if the production exceeds 50,000 yards per
month, the fabric shall be tested thereafter every 50,000 yards or
fraction thereof.
(ii) If, after two such intervals, production tests have been made,
the test results do not show the flame spread to have been less than 4
seconds, with the base fabric ignited or fused, the fabric shall be
tested at least once at intervals of not more than three months while in
production, or if the production exceeds 100,000 yards per three months,
the fabric shall be tested thereafter every 100,000 yards or fraction
thereof.
(2) Has a flame spread in excess of 7 seconds with the base fabric
ignited or fused, the fabric shall be tested at least once at intervals
of not more than six months thereafter while in production.
(3) Has a surface flash, but the base fabric does not ignite nor
fuse, the fabric shall be tested at least once at intervals of not more
than six months thereafter while in production.
(4) Does not have a surface flash and does not ignite, the initial
test shall suffice.
(c) When, on initial test a film or a textile fabric with a nitro-
cellulose fiber, finish or coating, does not exhibit a burning rate in
excess of 1.2 inches per second, one test each year thereafter while in
production shall be deemed reasonable and representative tests for such
film or textile fabric.
(d) Reasonable and representative tests of fabrics and fabrics
contained in articles of wearing apparel, subject to the act, produced
prior to the effective date of the act, and which have not been tested
under the applicable requirements of paragraphs (a), (b), or (c) of this
section, shall be an initial test for each class of such fabrics, and
such tests shall be applicable to all fabrics having the same fiber
composition, construction and finish type.
(e) In the case of articles of wearing apparel which are not made
from fabrics but directly from yarns, the fabrics contained in such
articles of wearing apparel shall be tested by the testing requirements
provided in paragraphs (a) and (b) of this section.
(f) Where fabrics or fabrics contained in articles of wearing
apparel have not been tested when in production by the applicable
testing requirements provided in paragraphs (a), (b) or (c) of

[[Page 629]]

this section, one test of each such fabrics shall be made every 10,000
yards or fraction thereof, or of the fabric contained in one of every
5,000 of such articles of wearing apparel or fraction thereof, and these
shall be deemed reasonable and representative tests of such fabrics.
(g) In the case of textile fabrics or textile fabrics contained in
articles of wearing apparel having an appliqued, overstitched, or
embroidered type of design of a loop, pile, nap, or tufted construction,
tests shall be conducted according to paragraph (b) of this section on
each type of applique, overstitch, or embroidery.
(h) If tests of any textile fabric made subsequent to the initial
test show a burning time of another category, then such fabric shall be
tested thereafter under the testing requirements of such changed time.
(i) The application of this section, insofar as it relates to the
testing of plain surface textile fabrics or such fabrics contained in
articles of wearing apparel weighing two ounces or more per square yard,
shall be limited to fabrics made of fibers in use or capable of being
used as of May 31, 1954. Such fabrics weighing two ounces or more per
square yard made in whole or in part of fibers developed and used
subsequent to May 31, 1954, shall be tested in accordance with the
testing requirements set out in paragraph (a)(2) of this section.

Sec. 1611.38 Maintenance of records by those furnishing guaranties.

(a) In order to properly administer and enforce section 8 of the act
relating to guaranties, it is required that any person furnishing either
a separate or continuing guaranty who has made the tests prescribed by
the act and regulations shall keep and maintain records of such tests.
The records to be maintained shall show:
(1) The style or range number, fiber composition, construction and
finish type of each textile fabric and each textile fabric (including
those with a nitro-cellulose fiber, finish or coating) used or contained
in an article of wearing apparel covered by the guaranty, including a
swatch of the fabric tested.
(2) The stock or formula number, color, thickness and general
description of each film or film used in an article of wearing apparel
covered by the guaranty, including a sample of the film tested.
(3) The results of the actual tests made on the textile fabric and
film or the fabric and film used or contained in an article of wearing
apparel.
(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:
(1) The guaranty received and identification of the fabrics or
fabrics contained in articles of wearing apparel guaranteed in turn by
them.
(2) [Reserved]
(d) The records referred to in this section shall be preserved for a
period of three years from the date the tests were performed, or in the
case of paragraph (c) of this section 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. 1611.39 Shipments under section 11(c) of the act.

[[Page 630]]

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 direct to
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 (1) that the textile fabric or article
of wearing apparel has been shipped for appropriate flammability
treatment, and (2) 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 (i) that the
imported textile fabrics or articles of wearing apparel have been
shipped for appropriate flammability treatment, and (ii) that 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, execute and furnishes
to the Bureau of Customs an affidavit stating
These fabrics (or articles of wearing apparel) are dangerously
flammable under the provisions of section 4 of the Flammable Fabrics
Act, and will not be sold or used in their present condition but will be
processed or finished by the undersigned or by a duly authorized agent
so as to render them not so highly flammable under the provisions of
section 4 of the Flammable Fabrics Act, as to be dangerously flammable
when worn by individuals. The importer agrees to maintain the records
required by 16 CFR 1610.39(c)(1).
(3) The importer, if requested to do so by the Bureau of Customs,
furnishes an adequate specific-performance bond conditioned upon the
complete discharge of the obligations assumed in paragraphs (c) (1) and
(2) of this section.

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

PART 1615--STANDARD FOR THE FLAMMABILITY OF CHILDREN'S SLEEPWEAR: SIZES 0 THROUGH 6X (FF 3-71)--Table of Contents

Subpart A--The Standard

Sec.
1615.1 Definitions.
1615.2 Scope and application.
1615.3 General requirements.
1615.4 Test procedure.
1615.5 Labeling requirements.

Subpart B--Rules and Regulations

1615.31 Labeling, recordkeeping, advertising, retail display and
guaranties.
1615.32 Method for establishment and use of alternate laundering
procedures under section 4(g)(4)(ii) of the standard.
1615.35 Use of alternate apparatus, procedures, or criteria for testing
under the standard.
1615.36 Use of alternate apparatus or procedures for tests for guaranty
purposes.

Subpart C--Interpretations and Policies

1615.61 [Reserved]
1615.62 Policy and interpretation relative to items in inventory or as
to recordkeeping requirements.

[[Page 631]]

1615.63 Policy regarding garment production unit identification.
1615.64 Policy to clarify scope of the standard.

Source: 40 FR 59903, Dec. 30, 1975, unless otherwise noted.

Subpart A--The Standard

Authority: Sec. 429, Pub. L. 105-276; Sec. 4, 67 Stat. 112, as
amended, 81 Stat. 569-570; 15 U.S.C. 1193.

Sec. 1615.1 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 purposes of this Standard:
(a) Children's Sleepwear means any product of wearing apparel up to
and including size 6X, such as nightgowns, pajamas, or similar or
related items, such as robes, intended to be worn primarily for sleeping
or activities related to sleeping, except:
(1) Diapers and underwear;
(2) ``Infant garments,'' as defined by section 1615.1(c), below; and
(3) ``Tight-fitting garments,'' as defined by section 1615.1(o),
below.
(b) Size 6X means the size defined as 6X in Department of Commerce
Voluntary Product Standard, previously identified as Commercial
Standard, CS 151-50 ``Body Measurements for the Sizing of Apparel for
Infants, Babies, Toddlers, and Children.'' \1\
---------------------------------------------------------------------------

\1\ Copies available from the National Technical Information
Service, 5285 Port Royal Street, Springfield, VA 22151, and should be
ordered as CS 15150.
---------------------------------------------------------------------------

(c) Infant garment means a garment which:
(1) Is sized nine months or smaller;
(2) If a one-piece garment, does not exceed 64.8 centimeters (25.75
inches) in length; if a two-piece garment, has no piece exceeding 40
centimeters (15.75 inches) in length;
(3) Complies with all applicable requirements of the Standard for
the Flammability Clothing Textiles (16 CFR part 1610) and the Standard
for the Flammability Vinyl Plastic Film (16 CFR part 1611); and
(4) Bears a label stating the size of the garment, expressed in
terms of months of age. For example, ``0 to 3 mos.'' or ``9 mos.'' If
the label is not visible to the consumer when the garment is offered for
sale at retail, the same information must appear legibly on the package
of the garment.
(d) Item means any product of children's sleepwear, or any fabric or
related material intended or promoted for use in children's sleepwear.
(e) Trim means decorative materials, such as ribbons, laces,
embroidery, or ornaments. This definition does not include (1)
individual pieces less than 2 inches in their longest dimension,
provided that such pieces do not constitute or cover in aggregate a
total of more than 20 square inches of the item, or (2) functional
materials (findings), such as zippers, buttons, or elastic bands, used
in the construction of garments.
(f) Test Criteria means the maximum char length which a sample or
specimen may exhibit in order to pass an individual test.
(g) Char Length means the distance from the original lower edge of
the specimen exposed to the flame in accordance with the procedure
specified in Sec. 1615.4 Test procedure to the end of the tear or void
in the charred, burned, or damaged area, the tear being made in
accordance with the procedure specified in Sec. 1615.4(g)(2).
(h) [Reserved]
(i) Afterglow means the continuation of glowing of parts of a
specimen after flaming has ceased.
(j) Fabric Piece (Piece) means a continuous, unseamed length of
fabric, one or more of which make up a unit.
(k) Fabric Production Unit (Unit) means any quantity of finished
fabric up to 5,000 linear yards for normal sampling or 10,000 linear
yards for reduced sampling which has a specific identity that remains
unchanged throughout the Unit except for color or print pattern as
specified in Sec. 1615.4(b). For purposes of this definition, finished
fabric means fabric in its final form after completing its last
processing steps as a fabric except for slitting.
(l) Garment Production Unit (Unit) means any quantity of finished
garments up to 500 dozen which have a specific identity that remains
unchanged throughout the Unit except

[[Page 632]]

for size, trim, findings, color, and print patterns as specified in
Sec. 1615.4(b).
(m) Sample means five test specimens.
(n) Specimen means an 8.9 x 25.4 cm. (3.5 x 10 in.) section of
fabric. For garment testing the specimen will include a seam or trim.
(o) Tight-fitting garment means a garment which:
(1)(i) In each of the sizes listed below does not exceed the maximum
dimension specified below for the chest, waist, seat, upper arm, thigh,
wrist, or ankle:

----------------------------------------------------------------------------------------------------------------
Chest Waist Seat Upper arm Thigh Wrist Ankle
----------------------------------------------------------------------------------------------------------------
Size 9-12 mos

----------------------------------------------------------------------------------------------------------------
Maximum dimension:
Centimeters.................... 48.3 48.3 48.3 14.3 26.7 10.5 13
(inches)....................... (19) (19) (19) (5\5/8\) (10\1/2\) (4\1/8\) (5\1/8\)
----------------------------------------------------------------------------------------------------------------
Size 12-18 mos

----------------------------------------------------------------------------------------------------------------
Maximum dimension:
Centimeters.................... 49.5 49.5 50.8 14.9 28.3 10.5 13.1
(inches)....................... (19\1/2\) (19\1/2\) (20) (5\7/8\) (11\1/8\) (4\1/8\) (5\1/8\)
----------------------------------------------------------------------------------------------------------------
Size 18-24 mos

----------------------------------------------------------------------------------------------------------------
Maximum dimension:
Centimeters.................... 52.1 50.8 53.3 15.6 29.5 11 13.6
(inches)....................... (20\1/2\) (20) (21) (6\1/8\) (11\5/8\) (4\1/4\) (5\3/8\)
----------------------------------------------------------------------------------------------------------------
Size 2

----------------------------------------------------------------------------------------------------------------
Maximum dimension:
Centimeters.................... 52.1 50.8 53.3 15.6 29.8 11.4 14
(inches)....................... (20\1/2\) (20) (21) (6\1/8\) (11\3/4\) (4\1/2\) (5\1/2\)
----------------------------------------------------------------------------------------------------------------
Size 3

----------------------------------------------------------------------------------------------------------------
Maximum dimension:
Centimeters.................... 53.3 52.1 56 16.2 31.4 11.7 14.9
(inches)....................... (21) (20\1/2\) (22) (6\3/8\) (12\3/8\) (4\5/8\) (5\7/8\)
----------------------------------------------------------------------------------------------------------------

Size 4

----------------------------------------------------------------------------------------------------------------
Maximum dimension:
Centimeters.................... 56 53.3 58.4 16.8 33.0 12.1 15.9
(inches)....................... (22) (21) (23) (6\5/8\) (13) (4\3/4\) (6\1/4\)
----------------------------------------------------------------------------------------------------------------

Size 5

----------------------------------------------------------------------------------------------------------------
Maximum dimension:
Centimeters.................... 58.4 54.6 61.0 17.5 34.6 12.4 16.8
(inches)....................... (23) (21\1/2\) (24) (6\7/8\) (13\5/8\) (4\7/8\) (6\5/8\)
----------------------------------------------------------------------------------------------------------------
Size 6

----------------------------------------------------------------------------------------------------------------
Maximum dimension:
Centimeters.................... 61.0 55.9 63.5 18.1 36.2 12.7 17.8
(inches)....................... (24) (22) (25) (7\1/8\) (14\1/4\) (5) (7)
----------------------------------------------------------------------------------------------------------------
Size 6X

----------------------------------------------------------------------------------------------------------------
Maximum dimension:
Centimeters.................... 62.9 57.2 65.4 18.7 37.8 13.0 18.7
(inches)....................... (24\3/4\) (22\1/2\) (25\3/4\) (7\3/8\) (14\7/8\) (5\1/8\) (7\3/8\)
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------

[[Page 633]]

(ii) Note: Measure the dimensions on the front of the garment. Lay
garment, right side out, on a flat, horizontal surface. Smooth out
wrinkles. Measure distances as specified below and multiply them by two.
Measurements should be equal to or less than the maximum dimensions
given in the standards.
(A) Chest--measure distance from arm pit to arm pit (A to B) as in
Diagram 1.
(B) Waist--See Diagram 1. One-piece garment, measure at the
narrowest location between arm pits and crotch (C to D). Two-piece
garment, measure width at both the bottom/ sweep of the upper piece (C
to D) and, as in Diagram 3, the top of the lower piece (C to D).
(C) Wrist--measure the width of the end of the sleeve (E to F), if
intended to extend to the wrist, as in Diagram 1.
(D) Upper arm--draw a straight line from waist/sweep D through arm
pit B to G. Measure down the sleeve fold from G to H. Refer to table
below for G to H distances for each size. Measure the upper arm of the
garment (perpendicular to the fold) from H to I as shown in Diagram 1.
[GRAPHIC] [TIFF OMITTED] TR19JA99.015

[[Page 634]]

Distance From Shoulder (G) to (H) for Upper Arm Measurement for Sizes 9 Months through 6x
--------------------------------------------------------------------------------------------------------------------------------------------------------
9-12 mo 12-18 mo 18-24 mo 2 3 4 5 6 6x
--------------------------------------------------------------------------------------------------------------------------------------------------------
5.8 cm 2\1/8\" 6.6 cm 2\5/8\" 7.4 cm 2\7/8\" 7.4 cm 2\7/8\" 8.1 cm 3\1/4\" 8.8 cm 3\1/2\" 9.5 cm 3\1/4\" 10.3cm 4" 11 cm 4\3/8\"
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 635]]

(E) Seat--Fold the front of the pant in half to find the bottom of
thecrotch at J as in Diagram 2. The crotch seam and inseam intersect at
J. Mark point K on the crotch seam at 4 inches above and perpendicular
to the bottom of the crotch. Unfold the garment as in Diagram 3. Measure
the seat from L to M through K as shown.
(F) Thigh--measure from the bottom of the crotch (J) 1 inch down the
inseam to N as in Diagram 2. Unfold the garment and measure the thigh
from the inseam at N to O as shown in Diagram 3.
(G) Ankle--measure the width of the end of the leg (P to Q), if
intended to extend to the ankle, as in Diagram 3.
[GRAPHIC] [TIFF OMITTED] TR19JA99.016

(2) Has no item of fabric, ornamentation or trim, such as lace,
appliques, or ribbon, which extends more than 6 millimeters (\1/4\ inch)
from the point of attachment to the outer surface of the garment;
(3) Has sleeves which do not exceed the maximum dimension for the
upper arm at any point between the upper arm and the wrist, and which
diminish in width gradually from the top of the shoulder (point G in
Diagram 1) to the wrist;
(4) Has legs which do not exceed the maximum dimension for the thigh
at any point between the thigh and the ankle, and which diminish in
width gradually from the thigh to the ankle;
(5) In the case of a one-piece garment, has a width which does not
exceed the maximum dimension for the chest at any point between the
chest and the waist and which diminishes gradually from the chest to the
waist; and has a width which does not exceed the maximum dimension for
the seat at any point between the seat and the waist and which
diminishes gradually from the seat to the waist;

[[Page 636]]

(6) In the case of a two-piece garment has an upper piece with a
width which does not exceed the maximum dimension for the chest at any
point between the chest and the bottom of that piece and which
diminishes gradually from the chest to the bottom of that piece; in the
case of an upper piece with fastenings, has the lowest fastening within
15 centimeters (6 inches) of the bottom of that piece;
(7) In the case of a two-piece garment, has a lower piece with a
width which does not exceed the maximum dimension for the seat at any
point between the seat and the top of the lower piece and which
diminishes gradually from the seat to the top of that piece;
(8) Complies with all applicable requirements of the Standard for
the Flammability of Clothing Textiles (16 CFR part 1610) and the
Standard for the Flammability of Vinyl Plastic Film (16 CFR part 1611);
and
(9) Bears a label stating the size of the garment in terms of age in
months, or by child's size; for example: ``Size 9 to 12 mos.'' or ``Size
2.'' If the label is not visible to the consumer when the garment is
offered for sale at retail, the same information must appear legibly on
the package of the garment.
(10)(i) Hangtags. Bears a hangtag as shown following this paragraph
stating ``For child's safety, garment should fit snugly. This garment is
not flame resistant. Loose-fitting garment is more likely to catch
fire.'' The hangtag must measure 1\1/2\" x 6\1/
4\". The text must be enclosed in a text box that measures
1" x 5\3/4\" and must be in 18 point Arial/
Helvetica font. The hangtag must have a yellow background and black
lettering. The color yellow must meet the specifications for Standard
Safety Yellow (Hue 5.OY; Value/Chroma 8.0/12) as described in American
National Standard ANSI Z535.1-1998, Safety Color Code, p.6, under
Munsell Notation. \2\ One side of the hangtag must display only this
message. The reverse side of the hangtag may display sizing information,
but otherwise must be blank. The text must not be obscured by the hole
provided for attaching the hangtag to the garment. The hangtag must be
prominently displayed on the garment.
---------------------------------------------------------------------------

\2\ ANSI Z535.1-1998, Standard for Safety Color Code, p.6, published
by National Electrical Manufacturers Association is incorporated by
reference. Copies of this document are available from the National
Electrical Manufacturers Association, 1300 N. 17th Street, Suite 1847,
Rossylyn, Virginia 22209. This document is also available for inspection
at the Office of the Federal Register, 800 North Capitol Street, NW,
Suite 700, Washington, DC. The incorporation by reference was approved
by the Director of the Federal Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51.
[GRAPHIC] [TIFF OMITTED] TR08SE99.000

(ii) Packages. If the garments are sold in packages, the package
must have a label as shown following this paragraph with the same
language that would appear on the hangtag. The label must have a text
box that measures \3/4\" x 3\3/4\". The text must
be 11 point Arial/Helvetica in black lettering against a yellow
background. The packages must be prominently, conspicuously, and legibly
labeled with the required message. The package label may be adhesive.

[[Page 637]]

[GRAPHIC] [TIFF OMITTED] TR08SE99.001

(11) Bears a label as shown following this paragraph stating ``Wear
Snug-fitting, Not Flame Resistant.'' The text must be printed on the
front of the sizing label located on the center back of the garment and
must be immediately below the size designation. The text must be a
minimum of 5 point sans serif font in all capital letters and must be
set apart from other label text by a line border. The text must contrast
with the background color of the label. The label must not be covered by
any other label or tag.
[GRAPHIC] [TIFF OMITTED] TR08SE99.002

[40 FR 59903, Dec. 30, 1975, as amended at 43 FR 4853, Feb. 6, 1978; 50
FR 53307, Dec. 31, 1985; 61 FR 47644, Sept. 9, 1996; 64 FR 2838, Jan.
19, 1999; 64 FR 34533, 34535, June 28, 1999; 65 FR 1435, Jan. 10, 2000]

Sec. 1615.2 Scope and application.

(a) This Standard provides a test method to determine the
flammability of items as defined in Sec. 1615.1(d).
(b) All items as defined in Sec. 1615.1(d) are subject to
requirements of this standard.
(c) The flammability standards for clothing textiles and vinyl
plastic film, parts 1610 and 1611 of this chapter, are superseded by
this part insofar as they apply to items defined in Sec. 1615.1(d).

[40 FR 59903, Dec. 30, 1975, as amended at 64 FR 34533, June 28, 1999]

Sec. 1615.3 General requirements.

(a) Summary of test method. Five conditioned specimens, 8.9 x 25.4
cm. (3.5 x 10 in.), are suspended one at a time vertically in holders in
a prescribed cabinet and subjected to a standard flame along their
bottom edge for a specified time under controlled conditions. The char
length is measured.
(b) Test criteria. The test criteria when the testing is done in
accordance with Sec. 1615.4 Test procedure are:
(1) Average char length. The average char length of five specimens
shall not exceed 17.8 cm. (7.0 in.).
(2) Full specimen burn. No individual specimen shall have a char
length of 25.4 cm. (10 in.).

[40 FR 59903, Dec. 30, 1975, as amended at 43 FR 4853, Feb. 6, 1978]

Sec. 1615.4 Test procedure.

(a) Apparatus--(1) Test chamber. The test chamber shall be a steel
cabinet with inside dimensions of 32.9 cm. (12 15/16 in.) wide, 32.9 cm.
(12 15/16 in.) deep, and 76.2 cm. (30 in.) high. It shall have a frame
which permits the suspension of the specimen holder over the center of
the base of the cabinet at such a height that the bottom of the specimen
holder is 1.7 cm. ( 3/4 in.) above the highest point of the barrel of
the gas burner specified in paragraph (c) of this section and
perpendicular to the front of the cabinet. The front of the cabinet
shall be a close fitting door with a glass insert to permit observation
of the entire test. The cabinet

[[Page 638]]

floor may be covered with a piece of asbestos paper, whose length and
width are approximately 2.5 cm. (1 in.) less than the cabinet floor
dimensions. The cabinet to be used in this test method is illustrated in
Figure 1 and detailed in Engineering Drawings, Nos. 1 to 7.
(2) Specimen holder. The specimen holder is designed to permit
suspension of the specimen in a fixed vertical position and to prevent
curling of the specimen when the flame is applied. It shall consist of
two U-shaped 0.20 cm. (14 ga. USS) thick steel plates, 42.2 cm. (16\5/8\
in.) long, and 8.9 cm. (3.5 in.) wide, with aligning pins. The openings
in the plates shall be 35.6 cm. (14 in.) long and 5.1 cm. (2 in.) wide.
The specimen shall be fixed between the plates, which shall be held
together with side clamps. The holder to be used in this test method is
illustrated in Figure 2 and detailed in Engineering Drawing No. 7.
(3) Burner. The burner shall be substantially the same as that
illustrated in Figure 1 and detailed in Engineering Drawing No. 6. It
shall have a tube of 1.1 cm. (0.43 in.) inside diameter. The input line
to the burner shall be equipped with a needle valve. It shall have a
variable orifice to adjust the height of the flame. The barrel of the
burner shall be at an angle of 25 deg. from the vertical. The burner
shall be equipped with an adjustable stop collar so that it may be
positioned quickly under the test specimen. The burner shall be
connected to the gas source by rubber or other flexible tubing.
(4) Gas supply system. There shall be a pressure regulator to
furnish gas to the burner under a pressure of 12913mm. Hg
(2\1/2\\1/4\ lbs. per sq. in.) at the burner inlet.
(5) Gas. The gas shall be at least 97 percent pure methane.
(6) Hooks and weights. Metal hooks and weights shall be used to
produce a series of loads for char length determinations. Suitable metal
hooks consist of No. 19 gauge steel wire, or equivalent, made from 7.6
cm. (3 in.) lengths of the wire, bent 1.3 cm. (0.5 in.) from one end to
a 45 deg. angle hook. The longer end of the wire is fastened around the
neck of the weight to be used and the other in the lower end of each
burned specimen to one side of the burned area. The requisite loads are
given in table 1.

[[Page 639]]

[GRAPHIC] [TIFF OMITTED] TC03OC91.081

[[Page 640]]

[GRAPHIC] [TIFF OMITTED] TC03OC91.082

[[Page 641]]

[GRAPHIC] [TIFF OMITTED] TC03OC91.083

[[Page 642]]

[GRAPHIC] [TIFF OMITTED] TC03OC91.084

[[Page 643]]

[GRAPHIC] [TIFF OMITTED] TC03OC91.085

[[Page 644]]

[GRAPHIC] [TIFF OMITTED] TC03OC91.086

[[Page 645]]

[GRAPHIC] [TIFF OMITTED] TC03OC91.087

[[Page 646]]

[GRAPHIC] [TIFF OMITTED] TC03OC91.088

\1\ Weight of the original fabric, containing no seams or trim is
calculated from the weight of a specimen which has been conditioned for
at least 8 h at 21 1.1 deg.C (702 deg.F) and
652 pct relative humidity. Shorter conditioning times may be
used if the change in weight of a speciment in successive weightings
made at intervals of not less than 2 h

[[Page 647]]

does not exeeed 0.2 pct of the weight of the speciment.
(7) Stopwatch. A stopwatch or similar timing device shall be used to
measure time to 0.1 second.
(8) Scale. A linear scale graduated in millimeters or 0.1 inch
divisions shall be used to measure char length.
(9) Circulating Air Oven. A forced circulation drying oven capable
of maintaining the specimens at 1052.8 deg.C.
(2215 deg.F.), shall be used to dry the specimen while
mounted in the specimen holders. \3\
---------------------------------------------------------------------------

\3\ Option 1 of ASTM, D2654-67T, ``Method of Test for Amount of
Moisture in Textile Materials,'' describes a satisfactory oven (1970
Book of ASTM Standards, part 24, published by the American Society for
Testing and Materials, 1916 Race Street, Philadelphia, Pa. 19103).
---------------------------------------------------------------------------

(10) Desiccator. An air-tight and moisture-tight desiccating chamber
shall be used for cooling mounted specimens after drying. Anhydrous
silica gel shall be used as the desiccant in the desicating chamber.
(11) Hood. A hood or other suitable enclosure shall be used to
provide a draft-free environment surrounding the test chamber. This
enclosure shall have a fan or other suitable means for exhausting smoke
and/or toxic gases produced by testing.
(b) Specimens and sampling--General. (1) The test criteria of
Sec. 1615.3(b) shall be used in conjunction with the following fabric
and garment sampling plain, or any other approved by the Consumer
Product Safety Commission that provides at least the equivalent level of
fire safety to the consumer. Alternate sampling plans submitted for
approval shall have operating characteristics such that the probability
of Unit acceptance at any percentage defective does not exceed the
corresponding probability of Unit acceptance of the following sampling
plan in the region of the latter's operating characteristic curves that
lies between 5 and 95 percent acceptance probability.
(2) Different colors or different print patterns of the same fabric
may be included in a single Fabric or Garment Production Unit, provided
such colors or print patterns demonstrate char lengths that are not
significantly different from each other as determined by previous
testing of at least three samples from each color or print pattern to be
included in the Unit.
(3) Garments with different trim and findings may be included in a
single Garment Production Unit providing the other garment
characteristics are identical except for size, color, and print pattern.
(4) For fabrics whose flammability characteristics are not dependent
on chemical additives or chemical reactants to fiber, yarns, or fabrics,
the laundering requirement of paragraph (g)(4) of this section is met on
subsequent Fabric Production Units if results of testing an initial
Fabric Production Unit demonstrate acceptability according to the
requirements of paragraph (c) of this section, Normal Sampling, both
before and after the appropriate laundering.
(5) If the fabric has been shown to meet the laundering requirement,
paragraph (g)(4) of this section, the garments produced from that fabric
are not required to be laundered.
(6) Each Sample (five specimens) for all Fabric Sampling shall be
selected so that two specimens are in one fabric direction (machine or
cross-machine) and three specimens are in the other fabric direction
except for the additional Sample selected after a failure, in which
case, all five specimens shall be selected in the same fabric direction
in which the specimen failure occurred.
(7) Fabric Samples may be selected from fabric as outlined in
paragraph (c) of this section entitled Fabric Sampling, or, for
verification purposes, from randomly selected garments.
(8) Multilayer fabrics shall be tested with a hem of approximately
2.5 cm. (1 in.) sewn at the bottom edge of the specimen with a suitable
thread and stitch. The specimen shall include each of the components
over its entire length. Garments manufactured from multilayer fabrics
shall be tested with the edge finish at the bottom edge of the specimen
which is used in the garment.
(c) Specimens and Sampling--Fabric Sampling. A Fabric Production
Unit (Unit) is either accepted or rejected in accordance with the
following plan:

[[Page 648]]

(1) Normal Sampling. Select one Sample from the beginning of the
first Fabric Piece (Piece) in the Unit and one Sample from the end of
the last Piece in the Unit, or select a sample from each end of the
Piece if the Unit is made up of only one Piece. Test the two selected
Samples. If both Samples meet all the Test Criteria of Sec. 1615.3(b),
accept the unit. If either or both of the Samples fail the 17.8 cm. (7.0
in.) average char length criterion, Sec. 1615.3(b)(1), reject the Unit.
If two or more of the individual specimens, from the 10 selected
specimens fail, the 25.4 cm. (10 in.) char length, .3(b)(2), reject the
Unit. If only one individual specimen, from the 10 selected specimens,
fails the 25.4 cm. (10 in.) char length, Sec. 1615.3(b)(2), select five
additional specimens from the same end of the Piece in which the failure
occurred, all five to be taken in the fabric direction in which the
specimen failure occurred. If this additional Sample passes all the test
criteria, accept the Unit. If this additional Sample fails any part of
the test criteria, reject the Unit.
(2) Reduced Sampling. (i) The level of sampling required for fabric
acceptance may be reduced provided the preceding 15 Units of the fabric
have all been accepted using the Normal Sampling plan.
(ii) The Reduced Sampling plan shall be the same as for Normal
Sampling except that the quantity of fabric in the Unit may be increased
to 10,000 linear yards.
(iii) Select and test two Samples in the same manner as in Normal
Sampling. Accept or reject the Unit on the same basis as with Normal
Sampling.
(iv) Reduced Sampling shall be discontinued and Normal Sampling
resumed if a Unit is rejected.
(3) Tightened Sampling. The level of sampling required for
acceptance shall be increased when a Unit is rejected under the Normal
Sampling plan. The Tightened Sampling shall be the same as Normal
Sampling except that one additional Sample shall be selected and cut
from a middle Piece in the Unit. If the Unit is made up of less than two
pieces, the Unit shall be divided into at least two Pieces. The division
shall be such that the Pieces produced by the division shall not be
smaller than 100 linear yards or greater than 2,500 linear yards. If the
unit is made up of two Pieces, the additional Sample shall be selected
from the interior end of one of the Pieces. Test the three selected
Samples. If all three selected Samples meet all the test criteria of
Sec. 1615.3(b), accept the unit. If one or more of the three selected
Samples fail the 17.8 cm. (7.0 in.) average char length criterion,
Sec. 1615.3(b)(1), reject the Unit. If two or more of the individual
specimens from the 15 selected specimens fail the 25.4 cm. (10 in.) char
length, Sec. 1615.3(b)(2), reject the unit. If only one individual
specimen, of the 15 selected Specimens fails the 25.4 cm. (10 in.) char
length, Sec. 1615.3(b)(2), select five additional specimens from the
same end of the same piece in which the failure occurred, all five to be
taken in the fabric direction in which the Specimen failure occurred. If
this additional Sample passes all the test criteria, accept the Unit. If
this additional Sample fails any part of the test criteria, reject the
Unit. Tightened Sampling may be discontinued and Normal Sampling resumed
after five consecutive Units have all been accepted using Tightened
Sampling. If Tightened Sampling remains in effect for 15 consecutive
units, production of the specific fabric in Tightened Sampling must be
discontinued until that part of the process or component which is
causing failure has been identified and the quality of the end product
has been improved.
(4) Disposition of Rejected Units. (i) The Piece or Pieces which
have failed and resulted in the initial rejection of the Unit may not be
retested, used, or promoted for use in children's sleepwear as defined
in Sec. 1615.1(a) except after reworking to improve the flammability
characteristics and subsequent retesting in accordance with the
procedures in Tightened Sampling.
(ii) The remainder of a rejected Unit, after removing the Piece or
Pieces the failure of which resulted in Unit rejection, may be accepted
if the following test plan is successfully concluded at all required
locations. The required locations are those adjacent to each such failed
Piece. (Required locations exist on both sides of the ``Middle Piece''
tested in Tightened Sampling if failure

[[Page 649]]

of that Piece resulted in Unit rejection.) Failure of a Piece shall be
deemed to have resulted in Unit rejection if Unit rejection occurred and
a Sample or specimen from the Piece failed any test criterion of
Sec. 1615.3(b).
(iii) The Unit should contain at least 15 Pieces for disposition
testing after removing the failing Pieces. If necessary for this
purpose, the Unit shall be demarcated into at least 15 approximately
equal length Pieces unless such division results in Pieces shorter than
100 linear yards. In this latter case, the Unit shall be demarcated into
roughly equal length Pieces of approximately 100 linear yards each. If
such a division results in five Pieces or less in the Unit for each
failing Piece after removing the failing Pieces, only the individual
Piece retest procedure (described subsequently) may be used.
(iv) Select and cut a Sample from each end of each adjoining Piece
beginning adjacent to the Piece which failed. Test the two Samples from
the Piece. If both Samples meet all the test criteria of Sec. 1615.3(b),
the Piece is acceptable. If one or both of the two selected Samples fail
the 17.8 cm. (7.0 in.) average char length criterion, Sec. 1615.3(b)(1),
the Piece is unacceptable. If two or more of the individual Specimens,
from the 10 selected specimens, fail the 25.4 cm. (10 in.) char length
Sec. 1615.3(b)(2), the Piece is unacceptable. If only one individual
specimen, from the 10 selected specimens, fails the 25.4 cm. (10 in.)
char length, Sec. 1615.3(b)(2), select five additional specimens from
the same end of the Piece in which the failure occurred, all five to be
taken in the fabric direction in which the specimen failure occurred. If
this additional Sample passes all the test criteria, the Piece is
acceptable. If this additional Sample fails any part of the test
criteria, the Piece is unacceptable.
(v) Continue testing adjoining Pieces until a Piece has been found
acceptable. Then continue testing adjoining Pieces until three
successive adjoining Pieces, not including the first acceptable Piece,
have been found acceptable or until five such Pieces not including the
first acceptable Piece, have been tested, whichever occurs sooner.
Unless three successive adjoining Pieces have been found acceptable
among five such Pieces, testing shall be stopped and the entire Unit
rejected without further testing. If three successive Pieces have been
found acceptable among five such Pieces, accept the three successive
acceptable Pieces and the remaining Pieces in the Unit.
(vi) Alternatively, individual Pieces from a rejected Unit
containing three or more Pieces may be tested and accepted or rejected
on a Piece-by-Piece basis according to the following plan, after
removing the Piece or Pieces, the failure of which resulted in Unit
rejection. Select four Samples (two from each end) from the Piece. Test
the four selected Samples. If all four Samples meet all the Test
Criteria of Sec. 1615.3(b), accept the Piece. If one or more of the
Samples fail the 17.8 cm. (7 in.) average char length criterion,
Sec. 1615.3(b)(1), reject the Piece. If two or more of the individual
Specimens from the 20 selected specimens, fail the 25.4 cm. (10 in.)
char length, Sec. 1615.3(b)(1), reject the Piece. If only one individual
specimen, from the 20 selected specimens, fails the 25.4 cm. (10 in.)
char length, Sec. 1615.3(b)(2), select two additional Samples from the
same end of the Piece in which the failure occurred. If these additional
two Samples meet all the Test Criteria of Sec. 1615.3(b), accept the
Piece. If one or both of the two additional Samples fail any part of the
Test Criteria, reject the Piece.
(vii) The Pieces of a Unit rejected after retesting may not be
retested, used, or promoted for use in children's sleepwear as defined
in Sec. 1615.1(a) except after reworking to improve the flammability
characteristics, and subsequent retesting in accordance with the
procedures set forth in Tightened Sampling.
(5) Records. Records of all Unit sizes, test results, and the
disposition of rejected Pieces and Units must be maintained by the
manufacturer upon the effective date of this Standard. Rules and
regulations may be established by the Consumer Product Safety
Commission.
(d) Specimens and Sampling--Garment Sampling. (1)(i) The garment
sampling plan is made up of two parts: (A) Prototype Testing and (B)
Production Testing. Prior to production, prototypes

[[Page 650]]

must be tested to assure that the design characteristics of the garments
are acceptable. Garment Production Units (Units) are then accepted or
rejected on an individual Unit basis.
(ii) Edge finishes such as hems and binding are excluded from
testing except that when trim is used on an edge the trim must be
subjected to prototype testing. Seams attaching findings are excluded
from testing.
(2) Prototype Testing. Preproduction prototypes of a garment style
or type shall be tested to assure that satisfactory garment
specifications in terms of flammability are set up prior to production.
(i) Seams. Make three Samples (15 specimens) using the longest seam
type and three Samples using each other seam type 10 inches or longer
that is to be included in the garment. Prior to testing, assign each
specimen to one of the three Samples. Test each set of three Samples and
accept or reject each seam design in accordance with the following plan:
(A) If all three Samples meet all the test criteria of
Sec. 1615.3(b), accept the seam design. If one or more of the three
Samples fail the 17.8 cm. (7 in.) average char length criterion,
Sec. 1615.3(b)(1), reject the seam design. If three or more of the
individual Specimens from the 15 selected specimens fail the 25.4 cm.
(10 in.) char length, Sec. 1615.3(b)(2), reject the seam design. If only
one of the individual specimens from the 15 selected specimens fails the
25.4 cm. (10 in.) char length, Sec. 1615.3(b)(2), accept the seam
design.
(B) If two of the individual specimens from the 15 selected
specimens, fail the 25.4 cm. (10 in.) char length, Sec. 1615.3(b)(2),
select three more Samples (15 specimens) and retest. If all three
additional Samples meet all the test criteria of Sec. 1615.3(b) accept
the seam design. If one or more of the three additional Samples fail the
17.8 cm. (7 in.) average char length criterion, Sec. 1615.3(b)(1),
reject the seam design. If two or more of the individual specimens from
the 15 selected specimens, fail the 25.4 cm. (10 in.) char length,
Sec. 1615.3(b)(2) reject the seam design. If only one of the individual
specimens from the 15 selected specimens, fails the 25.4 cm. (10 in.)
char length Sec. 1615.3(b)(2) accept the seam design.
(ii) Trim. (A)(1) Make three samples (15 specimens) from each type
of trim to be included in the garment. For trim used only in a
horizontal configuration on the garment, specimens shall be prepared by
sewing or attaching the trim horizontally to the bottom edge of an
appropriate section of untrimmed fabric. Sleeve and neckline trim may
not be tested in this manner. Where more than one row of trim is used on
the garment, specimens shall be prepared with the same configuration
(same number of rows and spacing between rows up to the limit of the
specimen size) as the garment.
(2) For trim used in other than a horizontal configuration,
specimens shall be prepared by sewing or attaching the trim to the
center of the vertical axis of an appropriate section of untrimmed
fabric, beginning the sewing or attachment at the lower edge of each
specimen.
(3) For either configuration, the sewing or attachment shall be made
in the manner in which the trim is attached in the garment.
(B)(1) Sewing or otherwise attaching the trim shall be done with
thread or fastening material of the same composition and size to be used
for this purpose in the garment and using the same stitching or
seamtype. Trim used in the horizontal configuration shall be sewn or
fastened the entire width (smaller dimension) of the specimen. Trim used
in other than the horizontal configuration shall be sewn or fastened the
entire length (longer dimension) of the specimen.
(2) Prior to testing, assign each specimen to one of the three
samples. Test the sets of three samples and accept or reject the type of
trim and design on the same basis as seam design. A type of trim and
design accepted when tested in a vertical configuration may be used in a
horizontal configuration without further testing.
(3) Production Testing. A Unit is either accepted or rejected
according to the following plan:
(i)(A) From each Unit select at random sufficient garments and cut
three

[[Page 651]]

Samples (15 specimens) from the longest seam type. No more than five
specimens may be cut from a single garment. Prior to testing, assign
each specimen to one of the three Samples. All specimens cut from a
single garment must be included in the same Sample. Test the three
selected Samples. If all three Samples meet all the test criteria of
Sec. 1615.3(b), accept the Unit. If one or more of the three Samples
fail the 17.8 cm. (7 in.) average char length criterion,
Sec. 1615.3(b)(1), reject the Unit. If four or more of the individual
specimens, from the 15 selected specimens, fail the 25.4 cm (10 in.)
char length, Sec. 1615.3(b)(2), reject the Unit. If three of less of the
individual specimens, from the 15 selected specimens, fail the 25.4 cm.
(10 in.) char length, Sec. 1615.3(b)(2), accept the Unit.
(B)(1) If the garment under test does not have a 10-inch seam in the
largest size in which it is produced, the following selection and
testing procedure shall be followed.
(2) Select and cut specimens 8.9 cm. (3.5 in.) wide by the maximum
available seam length, with the seam in the center of the specimen and
extending the entire specimen length. Cut three Samples (15 specimens).
These specimens shall be placed in specimen holders so that the bottom
edge is even with the bottom of the specimen holder and the seam begins
in the center of the bottom edge. Prior to testing, assign each specimen
to one of the three Samples. All specimens cut from a single garment
must be included in the same Sample.
(3) Test the three Samples. If all three Samples pass the 17.8 cm.
(7 in.) average char length criterion, Sec. 1615.3(b)(1), and if three
or less individual specimens fail by charring the entire specimen
length, accept the Unit. If the Unit is not accepted in the above test,
three Samples (15 specimens) of the longest seam type shall be made
using fabric and thread from production inventory and sewn on production
machines by production operators. The individual fabric sections prior
to sewing must be no larger than 20.3 x 63.3 cm. (8 in. x 25 in.) and
must be selected from more than one area of the base fabric. Test the
three prepared Samples. Accept or reject the Unit as described
previously in this subsection.
(4) Disposition of Rejected Units. Rejected Units shall not be
retested, used, or promoted for use in children's sleepwear as defined
in Sec. 1615.1(a), except after reworking to improve the flammability
characteristics and subsequent retesting in accordance with the
procedures set forth in garment production testing.
(5) Records. Records of all Unit sizes, test results, and the
disposition of rejected Units must be maintained by the manufacturer
upon the effective date of this standard. Rules and regulations may be
established by the Consumer Product Safety Commission.
(e) Specimens and Sampling--Compliance Market Sampling Plan.
Sampling plans for use in market testing of items covered by this
Standard may be issued by the Consumer Product Safety Commission. Such
plans shall define noncompliance of a production Unit to exist only when
it is shown, with a high level of statistical confidence, those
production Units represented by tested items which fail such plans will,
in fact, fail this standard. Production units found to be non-complying
under the provisions of paragraph (e) of this section shall be deemed
not to conform to this Standard. The Consumer Product Safety Commission
may publish such plans in the Federal Register.
(f) Mounting and conditioning of specimens. (1) The specimens shall
be placed in specimen holders so that the bottom edge of each specimen
is even with the bottom of the specimen holder. Mount the specimen in as
close to a flat configuration as possible. The sides of the specimen
holder shall cover 1.9 cm. (\3/4\ in.) of the specimen width along each
long edge of the specimen, and thus shall expose 5.1 cm. (2 in.) of the
specimen width. The sides of the specimen holder shall be clamped with a
sufficient number of clamps or shall be taped to prevent the specimen
from being displaced during handling and testing. The specimens may be
taped in the holders if the clamps fail to hold them. Place the mounted
specimens in the drying oven in a manner that will

[[Page 652]]

permit free circulation of air at 105 deg.C. (221 deg.F.) around them
for 30 minutes.\4\
---------------------------------------------------------------------------

\4\ If the specimens are moist when received, permit them to air dry
at laboratory conditions prior to placement in the oven. A satisfactory
preconditioning procedure may be found in ASTM D 1776-67, ``Conditioning
Textiles and Textile Products for Testing.'' (``1970 Book of ASTM
Standards,'' part 24, published by the American Society for Testing and
Materials, 1916 Race Street, Philadelphia, PA 19103.)
---------------------------------------------------------------------------

(2) Remove the mounted specimens from the oven and place them in the
desiccator for 30 minutes to cool. No more than five specimens shall be
placed in a desiccator at one time. Specimens shall remain in the
desiccator no more than 60 minutes.
(g) Testing--(1) Burner adjustment. With the hood fan turned off,
use the needle valve to adjust the flame height of the burner to 3.8 cm.
(1\1/2\ in.) above the highest point of the barrel of the burner. A
suitable height indicator is shown in Engineering Drawing No. 6 and
Figure 1.
(2) Specimen Burning and Evaluation. (i) One at a time, the mounted
specimens shall be removed from the desiccator and suspended in the
cabinet for testing. The cabinet door shall be closed and the burner
flame impinged on the bottom edge of the specimen for 3.00.2
seconds. Flame impingement is accomplished by moving the burner under
the specimen for this length of time, and then removing it.
(ii) When afterglow has ceased, remove the specimen from the cabinet
and holder, and place it on a clean flat surface. Fold the specimen
lengthwise along a line through the highest peak of the charred or
melted area; crease the specimen firmly by hand. Unfold the specimen and
insert the hook with the correct weight as shown in table 1 in the
specimen on one side of the charred area 6.4 mm. (\1/4\ in.) from the
lower edge.
(iii) Tear the specimen by grasping the other lower corner of the
fabric and gently raising the specimen and weight clear of the
supporting surface. \5\ Measure the char length as the distance from the
end of the tear to the edge of the specimen exposed to the flame. After
testing each specimen, vent the hood and cabinet to remove the smoke
and/or toxic gases.
---------------------------------------------------------------------------

\5\ A figure showing how this is done is given in AATCC 34-1969,
Technical Manual of the American Association of Textile Chemists and
Colorists, vol. 46, 1970, published by AATCC, Post Office Box 12215,
Research Triangle Park, N.C. 27709.
---------------------------------------------------------------------------

(3) Report. Report the value of char length, in centimeters
(inches), for each specimen, as well as the average char length for each
set of five specimens.
(4) Laundering. (i) The procedures described in sections 1615.4(b)
through (g) shall be carried out on finished items (as produced or after
one washing and drying) and after they have been washed and dried 50
times in accordance with sections 8.2.2, 8.2.3, and 8.3.1(A) of AATCC
Test Method 124-1996 ``Appearance of Fabrics after Repeated Home
Laundering,'' Technical Manual of the American Association of Textile
Chemists and Colorists, vol. 73, 1997, which is incorporated by
reference. Copies of this document are available from the American
Association of Textile Chemists and Colorists, P.O. Box 12215, Research
Triangle Park, North Carolina 27709. This document is also available for
inspection at the Office of the Federal Register, 800 North Capitol
Street, NW., Suite 700, Washington, DC. This incorporation by reference
was approved by the Director of the Federal Register in accordance with
5 U.S.C. 552(a) and 1 CFR part 51. Items which do not withstand 50
launderings shall be tested at the end of their useful service life.
(ii) Washing shall be performed in accordance with sections 8.2.2
and 8.2.3 of AATCC Test Method 124-1996, using wash temperature V
(60 deg. 3 deg.C, 140 deg. 5 deg.F) 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 washer load shall be 3.64 Kg (8 pounds)
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 (66 deg.
5 deg.C, 150 deg. 10 deg.F) and cool down time
of 10 minutes specified in the ``Durable Press'' conditions of Table IV.
Alternatively, a different

[[Page 653]]

number of times under another washing and drying procedure may be
specified and used, if that procedure has previously been found to be
equivalent by the Consumer Product Safety Commission. Such laundering is
not required of items which are not intended to be laundered, as
determined by the Consumer Product Safety Commission.
(iii) Items which are not susceptible to being laundered and are
labeled ``dry-clean only'' shall be drycleaned by a procedure which has
previously been found to be acceptable by the Consumer Product Safety
Commission.
(iv) For the purpose of the issuance of a guarantee under section 8
of the act, finished sleepwear garments to be tested according to
paragraphs (b) through (e) of this section need not be laundered or
drycleaned provided all fabrics used in making the garments (except
trim) have been guaranteed by the fabric producer to be acceptable when
tested according to paragraphs (b) through (e) of this section.

[40 FR 59903, Dec. 30, 1975; 41 FR 1061, Jan. 6, 1976; 41 FR 8032, Feb.
24, 1976, as amended at 43 FR 4853, Feb. 6, 1978; 46 FR 63251, Dec. 31,
1981; 64 FR 24526, June 28, 1999; 65 FR 12927, Mar. 10, 2000]

Sec. 1615.5 Labeling requirements.

(a) Care labels. All items of children's sleepwear shall be labeled
with precautionary instructions to protect the items from agents or
treatments which are known to cause deterioration of their flame
resistance. If the item has been initially tested under
Sec. 1615.4(g)(4) after one washing and drying, it shall be labeled with
instructions to wash before wearing. Such labels shall be permanent and
otherwise in accordance with rules and regulations established by the
Consumer Product Safety Commission.
(b) [Reserved]

[40 FR 59903, Dec. 30, 1975, as amended at 61 FR 1116, Jan. 16, 1996]

Subpart B--Rules and Regulations

Authority: Sec. 5, 67 Stat. 112-113, as amended, 81 Stat. 570, 15
U.S.C. 1194.

Sec. 1615.31 Labeling, recordkeeping, advertising, retail display and guaranties.

(a) Definitions. For the purposes of this section, the following
definitions apply:
(1) Standard means the Standard for the Flammability of Children's
Sleepwear: Sizes 0 through 6X (FF 3-71) (subpart A of this part)
promulgated by the Secretary of Commerce in the Federal Register of July
29, 1971 (36 FR 14062), and amended by him in the Federal Register of
July 21, 1972 (37 FR 14624).
(2) Children's sleepwear means ``children's sleepwear'' as defined
in Sec. 1615.1(a) of the Standard; that is, ``any product of wearing
apparel up to and including size 6X, such as nightgowns, pajamas, or
similar or related items, such as robes, intended to be worn primarily
for sleeping or activities related to sleeping. Diapers and underwear
are excluded from this definition.''
(3) Item means ``item'' as defined in Sec. 1615.1(c) of the
Standard; that is, ``any product of children's sleepwear, or any fabric
or related material intended or promoted for use in children's
sleepwear.''
(4) Marketing or handling or marketed or handled means any one or
more of the transactions set forth in section 3 of the Flammable Fabrics
Act (15 U.S.C. 1192).
(5) The definitions of terms set forth in Sec. 1615.1 of the
Standard shall also apply to this section.
(b) Labeling. (1) Where any agent or treatment is known to cause
deterioration of flame resistance or otherwise enhances the flammability
characteristics of an item, such item shall be prominently, permanently,
conspicuously, and legibly labeled with precautionary care and treatment
instructions to protect the item from such agent or treatment: Provided:
(i) Where items required to be labeled in accordance with this
paragraph are marketed at retail in packages, and the required label is
not readily visible to the prospective purchaser, the packages must also
be prominently, conspicuously, and legibly labeled with the required
information, and

[[Page 654]]

(ii) Where items are required to be labeled in accordance with this
paragraph, the precautionary care and treatment instructions may appear
on the reverse side of the permanent label if
(A) The precautionary care and treatment instructions are legible,
prominent and conspicuous, and
(B) The phrase ``CARE INSTRUCTIONS ON REVERSE'' or the equivalent
appears permanently, prominently, conspicuously, and legibly on the side
of the permanent label that is visible to the prospective purchaser when
the item is marketed at retail, and
(C) The item which is so labeled is marketed at retail in such a
manner that the prospective purchaser is able to manipulate the label so
the entire text of the precautionary care and treatment instructions is
visible and legible; however, where the label cannot be manipulated so
the instructions are visible to the prospective purchaser and legible,
the packages must also be prominently, conspicuously and legibly labeled
with the required precautionary care and treatment information or such
information must appear prominently, conspicuously and legibly on a hang
tag attached to the item.
(2) If the item has been initially tested under Sec. 1615.4(g)(4) of
the Standard after one washing and drying, it shall be prominently,
permanently, conspicuously, and legibly labeled with instructions to
wash before wearing.
(3) [Reserved]
(4) Where any fabric or related material intended or promoted for
use in children's sleepwear is sold or intended for sale to the ultimate
consumer for the purpose of conversion into children's sleepwear, each
bolt, roll, or other unit shall be labeled with the information required
by this section. Each item of fabric or related material sold to an
ultimate consumer must be accompanied by a label, as prescribed by this
section, that can by normal household methods be permanently affixed by
the ultimate consumer to any item of children's sleepwear made from such
fabric or related material.
(5) Where items required to be labeled in accordance with paragraphs
(b) (2), (3), and (4) of this section are marketed at retail in
packages, and the required label is not readily visible to prospective
purchasers, the packages must also be prominently, conspicuously, and
legibly labeled with the required information.
(6) Samples, swatches, or specimens used to promote or effect the
sale of items subject to the Standard shall be labeled in accordance
with this section with the information required by this section, except
that such information may appear on accompanying promotional materials
attached to fabric samples, swatches, or specimens used to promote the
sale of fabrics to garment manufacturers. This paragraph (b)(6) of this
section shall not apply, however, to samples, swatches, or specimens
prominently, permanently, conspicuously, truthfully, and legibly labeled
with the statement ``Flammable. Sample only. Not for use or resale. Does
not meet Standard for the Flammability of Children's Sleepwear, DOC FF
3-71.''
(7) The information required on labels by this section shall be set
forth separately from any other information appearing on the same label.
Other information, representations, or disclosures not required by this
action but placed on the same label with information required by this
section, or placed on other labels elsewhere on the item, shall not
interfere with the information required by this section. No person,
other than the ultimate consumer, shall remove or mutilate, or cause or
participate in the removal or mutilation of, any label required by this
section to be affixed to any item.
(8) Every manufacturer, importer, or other person (such as a
converter) initially introducing items subject to the Standard into
commerce shall assign to each item a unit identification (number, letter
or date, or combination, thereof) sufficient to identify and relate to
the fabric production unit or garment production unit of which the item
is a part. Such unit identification shall be designated in such a way as
to indicate that it is a production unit identification under the
Standard. The letters ``GPU'' and ``FPU'' may be used to designate a
garment production unit identification and fabric production

[[Page 655]]

unit identification respectively, at the option of the labeler.
(i) Where fabrics required to be labeled or stamped in accordance
with this section are marketed at retail in packages and the required
label or stamp is not readily visible to the prospective purchaser, the
packages must also be prominently, conspicuously, and legibly labeled
with the information required by this section.
(ii) Where garments required to be labeled or stamped in accordance
with paragraph (b)(8) of this section are marketed at retail in packages
and the required label or stamp is not readily visible to the
prospective purchasers:
(A) The packages must also be prominently, conspicuously, and
legibly labeled with the information required by this section; or
(B) There must be a garment style identification that is prominent,
conspicuous, and legible and readily visible to the prospective
purchaser, either on a label or hang tag attached to the garments or on
the garment packages. A style is a garment design or grouping,
preselected by the manufacturer. A style may be composed of garments
that form all or part of one or more GPU's and the style may include any
number of garments the manufacturer chooses. Style identification means
any numbers, letters, or combination thereof that are sufficient to
identify the garments of the style and may include information such as
color, season or size. If this option B is selected, in any recall of
noncomplying items from a particular GPU:
(1) The garment manufacturer must recall the entire style(s) from
all customers who purchased garments of the style(s) of which the GPU is
part. However, retailers may elect to return only garments from the
particular GPU necessitating the recall rather than the entire style(s)
being recalled; and
(2) Within 48 hours of a written request, the garment manufacturer
must supply to the Commission any samples in its possession of garments
from the GPU, as requested. As required of all persons subject to this
section, the garment manufacturer must also, within the time requested,
supply to the Commission the names of any customers who purchased during
a specified period of time, garments from the GPU (or the style(s) of
which the GPU is a part) and supply access to all records required under
the Standard and this section.
(iii) Each garment subject to the Standard shall bear a label with
minimum dimensions of 1.3 centimeters (0.5 inch) by 1.9 centimeters
(0.75 inch) containing the appropriate garment production unit
identification for that garment in letters which are clear, conspicuous,
and legible and in a color which contrasts with the background of the
label, or shall have such information stamped on the garment itself in
letters which are clear, conspicuous, and legible and in a color which
contrasts with the background, and at least 2.54 centimeters (1 inch) in
every direction from any other information. The stamp or label
containing the garment production unit identification must be of such
construction, and affixed to the garment in such a manner as to remain
on or attached to the garment and legible and visible throughout its
intended period of use.
(iv) The fabric production unit identification shall appear in
letters at least 0.4 centimeters (one-sixth of an inch) in height
against a contrasting background on each label that relates to such
fabric and is required by the Textile Fiber Products Identification Act
(15 U.S.C. 70-70k) and the regulations thereunder (16 CFR 303.1 through
303.45), or by the Wool Products Labeling Act of 1939 (15 U.S.C. 68-68j)
and the regulations thereunder (16 CFR 300.1 through 300.35). When the
information required by the Textile Fiber Product Identification Act or
by the Wool Products Labeling Act of 1939 appears on an invoice used in
lieu of labeling, the fabric production unit identification required by
this section may be placed clearly, conspicuously, and legibly on the
same invoice in lieu of labeling.
(c)-(d) [Reserved]
(e) Records--manufacturers, importers, or other persons initially
introducing items into commerce--(1) General. Every manufacturer,
importer, or other person (such as a converter) initially introducing
into commerce items subject to the Standard, irrespective of whether
guaranties are issued under paragraph (f) of this section, shall
maintain

[[Page 656]]

written and physical records as hereinafter specified. The records
required must establish a line of continuity through the process of
manufacture of each production unit of articles of children's sleepwear,
or fabrics or related materials intended or promoted for use in
children's sleepwear, to the sale and delivery of the finished items and
from the specific finished item to the manufacturing records. Such
records shall show with respect to such items:
(i) Details, description, and identification of any and all sampling
plans engaged in pursuant to the requirements of the Standard. Such
records must be sufficient to demonstrate compliance with such sampling
plan(s) and must relate the sampling plan(s) to the actual items
produced, marketed, or handled. This requirement is not limited by other
provisions of paragraph (e) of this section.
(ii) Garment production units or fabric production units of all
garments or fabrics marketed or handled. The records must relate to an
appropriate production unit identification on or affixed to the item
itself in accordance with paragraph (b)(8) of this section, and the
production unit identification must relate to the garment production
unit or fabric production unit.
(iii) Test results and details of all tests performed, both
prototype and production, including char lengths of each specimen
tested, average char length of the samples required to be tested,
details of the sampling procedure employed, name and signature of
persons conducting tests, date of tests, and all other records necessary
to demonstrate compliance with the test procedures and sampling plan
specified by the standard or authorized alternate sampling plan.
(iv) Disposition of all failing or rejected items. Such records must
demonstrate that the items were retested or reworked and retested in
accordance with the Standard prior to sale or distribution and that such
retested or reworked and retested items comply with the Standard, or
otherwise show the disposition of such items.
(v) Fiber content and manufacturing specifications relating the same
to prototype and production testing and to the production units to which
applicable.
(vi) Data and test results relied on as a basis for inclusion of
different colors or different print patterns of the same fabric as a
single fabric or garment production unit under Sec. 1615.4(b) of the
Standard.
(vii) Data and test results relied on as a basis for reduced
laundering of fabric or garments during test procedures under
Sec. 1615.4(g)(4) of the Standard and any guaranties issued or received
relating to laundering as well as details of the laundering procedure
utilized.
(viii) Identification, composition, and details of application of
any flame retardant treatments employed. All prototype and production
records shall relate to such information.
(ix) Date and quantity of each sale or delivery of items subject to
the Standard (except the date of sale to an ultimate consumer) and the
name and address of the purchaser or recipient (except an ultimate
consumer). The items involved in each such sale or delivery shall be
identified by production unit or by style. A style is a garment design
or grouping, preselected by the manufacturer. A style may be composed of
garments that form all or part of one or more garment production units
and the style may include any number of garments that form all or part
of one or more garment production units and the style may include any
number of garments the manufacturer chooses. If a person subject to the
requirements of Sec. 1615.31(e) maintains sales records which identify
the items sold or delivered by style, and if recall of one or more
production units subject to the Standard is required, that person in
recalling such production units shall notify all purchasers of items of
the style in which such production unit or units were manufactured.
Retailers may elect to return all items of the style involved, or all
items of the production unit or units subject to recall.
(2) Fabrics. In addition to the information specified in paragraph
(e)(1) of this section the written and physical records maintained with
respect to each fabric production unit shall include (i) finished fabric
samples sufficient to repeat the fabric sampling procedure required by
Sec. 1615.4 (b) through

[[Page 657]]

(e) of the Standard for each production unit marketed or handled; and
(ii) records to relate the samples to the actual fabric production unit.
Upon written request of any duly authorized employee or agent of the
Commission, samples sufficient for the sampling and testing of any
production unit in accordance with Sec. 1615.4 (b) through (e) of the
Standard shall be furnished from these records within the time specified
in that written request.
(3) Garments--prototype testing. In addition to the records
specified in paragraph (e)(1) of this section, the following written and
physical records shall be maintained with respect to the garment
prototype testing required by the Standard:
(i) Specification, fiber content, and details of construction on all
seams, fabrics, threads, stitches, and trims used in each garment style
or type upon which prototype testing was performed, relating the same to
such garment style or type and to all production units to which such
prototype testing is applicable.
(ii) Samples sufficient to repeat the prototype tests required by
Sec. 1615.4 (b) through (e) of the Standard for all fabrics, seams,
threads, stitches, and trims used in such prototype testing, relating
such samples to the records required by paragraph (e) of this section
including the information required by paragraph (e)(3)(i) of this
section. Upon written request of any duly authorized employee or agent
of the Commission, samples sufficient for the testing of any prototype
specimens identical to those specimens that were actually tested
pursuant to the Standard shall be furnished from these records within
the time specified in that written request.
(iii) A complete untested garment from each style or type of garment
marketed or handled.
(iv) Remains of all physical specimens tested in accordance with the
prototype testing required by Sec. 1615.4 (b) through (e) of the
Standard, relating such samples to the records required by paragraph (c)
of this section including information required by paragraph (e)(3)(i) of
this section.
(4) Garments--production testing. In addition to the records
required by paragraph (e)(1) of this section, written and physical
records shall be maintained and shall show with respect to each garment
production unit:
(i) Source and fabric production unit identification of all fabrics
subject to testing used in each garment production unit.
(ii) Identification and appropriate reference to all prototype
records and prototype tests applicable to each production unit.
(iii) Any guaranty relied upon to demonstrate that the fabric
utilized in such garments meets the laundering requirements of the
Standard.
(iv) Data sufficient to show that tested samples were selected from
the production unit at random from regular production.
(v) Written data that will enable the Commission to obtain and test
garments under any applicable compliance market sampling plan.
(5) Record retention requirements. The records required by paragraph
(e) of this section shall be maintained for 3 years, except that records
relating to prototype testing shall be maintained for as long as they
are relied upon as demonstrating compliance with the prototype testing
requirements of the Standard and shall be retained for 3 years
thereafter.
(f) Tests for guaranty purposes. Reasonable and representative tests
for the purpose of issuing a guaranty under section 8 of the Flammable
Fabrics Act (15 U.S.C. 1197) for items subject to the Standard shall be
those tests performed pursuant to any sampling plan or authorized
alternative sampling plan engaged in pursuant to the requirements of the
Standard.
(g) Compliance with this section. No person subject to the Flammable
Fabrics Act shall manufacture, import, distribute, or otherwise market
or handle any item subject to the Standard, including samples, swatches,
or specimens used to promote or effect the sale thereof, which is not in
compliance with this section.

[40 FR 59903, Dec. 30, 1975, as amended at 43 FR 4855 Feb. 6, 1978; 49
FR 3064, Jan. 24, 1984; 61 FR 1116, Jan. 16, 1996]

[[Page 658]]

Sec. 1615.32 Method for establishment and use of alternate laundering procedures under section 4(g)(4)(ii) of the standard.

(a) Scope. (1) Section 1615.4(g)(4)(ii) of the Standard for the
Flammability of Children's Sleepwear in sizes 0-6X (16 CFR
1615.4(g)(4)(ii)) requires that all fabrics and certain garments subject
to the standard be tested for flammability as produced (or after one
washing and drying) and after the items have been washed and dried 50
times in machines, using the procedure specified in AATCC Test Method
124-1996.\6\ This section also provides that items may be laundered a
different number of times under another washing and drying procedure if
the Commission finds that such an alternate laundering procedure is
equivalent to the procedure specified in the standard.
---------------------------------------------------------------------------

\6\ AATCC Test Method 124-1996 ``Appearance of Fabrics after
Repeated Home Laundering,'' Technical Manual of the American Association
of Textile Chemists and Colorists, vol. 73, 1997, which is incorporated
by reference. Copies of this document are available from the American
Association of Textile Chemists and Colorists, P.O. Box 12215, Research
Triangle Park, North Carolina 27709. This document is also available for
inspection at the Office of the Federal Register, 800 North Capitol
Street, NW., Suite 700, Washington, DC. This incorporation by reference
was approved by the Director of the Federal Register in accordance with
5 U.S.C. 552(a) and 1 CFR part 51.
---------------------------------------------------------------------------

(2) This rule provides the procedures to be followed by persons
seeking Commission approval for alternate laundering procedures. It also
provides the criteria the Commission will use in evaluating the
applications.
(3) The alternate laundering procedures provided for in this section
apply only to procedures under section 4(g)(4)(ii) of the standard and
shall not be used for determining whether different colors or different
print patterns of the same fabric may be included in a single fabric or
garment production unit.
(4) As used in this section, fabric means fabric or related material
promoted or intended for use in children's sleepwear made to identical
specifications and containing the same identity while in production.
(b) Application procedure. (1) Applicants seeking approval for use
of an alternate laundering procedure under Sec. 1615.4(g)(4)(ii) of the
standard must submit the following information in writing to the
Assistant Executive Director for Compliance, Consumer Product Safety
Commission, Washington, DC 20207:
(i) A detailed description of the proposed alternate laundering
procedure, and a 6 in. by 6 in. swatch of the fabric or garment for
which the procedure is proposed.
(ii) Upon request of the Commission staff, any other information
concerning the procedure and/or any machine used in connection with it.
(iii) With regard to each fabric or garment for which an alternate
laundering procedure is sought, test data comparing twenty test
specimens washed and dried by the proposed alternate laundering
procedure and twenty specimens tested in accordance with the 50-wash and
dry cycle procedure required in section 4(g)(4)(ii) of the standard.
(For purposes of applications, similar fabrics or garments of different
finishes shall be considered as different fabrics or garments and
therefore separate test results must be submitted). Each group of twenty
specimens upon which these data are based must be cut for testing, half
in the machine direction and half in the cross machine direction. Where
the applicant manufactures the fabric or garments in more than one
plant, the data described in this paragraph must be submitted separately
for the fabric or garments of each plant for which the proposed
alternate laundering procedure is intended to be used. Subsequent
applications for use of the same procedure for additional fabrics and
garments may incorporate portions of the original application by
reference, as appropriate.
(2) Applications shall be certified by the chief executive officer
of the applicant or the official to whom the duty to certify has been
delegated in writing. The Commission's Assistant Executive Director for
Compliance must be notified in writing of any such delegation.
(c) Use of alternate laundering procedure. (1) The applicant may
begin to use the alternate laundering procedure

[[Page 659]]

30 days after the application is received by the Assistant Executive
Director for Compliance unless notified to the contrary. The Assistant
Executive Director for Compliance will normally furnish an applicant
with written notice of approval within 30 days. The applicant may be
notified that a longer time is needed for evaluation of the application,
and in the discretion of the Assistant Executive Director for
Compliance, may be authorized to use the alternate laundering procedure
pending the final decision.The notice of approval shall be kept by the
applicant with other written records required to be maintained in
connection with the use of an alternate laundering procedure. So the
applicants may ascertain that the application has been received and when
the 30-day period has elapsed, it is suggested that applications be sent
by certified mail, return receipt requested.
(2) As provided in detail in Sec. 1615.32(e), applicants must
immediately discontinue use of an alternate procedure, and must
immediately notify the Assistant Executive Director for Compliance if
there are test failures during revalidation testing.
(d) Revalidation testing. (1) In order to assure a continued
satisfactory correlation between the alternate laundering procedure and
the laundering procedure of the standard, applicants shall perform all
the testing described in paragraph (b)(1)(iii) of this section for
fabrics or garments from current production at least once for every
three-month period during which any of the fabric or garments are
produced.
(2) If following initial approval, four successive comparisons of
the alternate and the 50-cycle methods as described in paragraph (d)(1)
of this section, consistently show acceptable results under the criteria
specified by paragraph (f) of this section, the Commission will deem
such comparisons to be sufficient demonstration of the equivalence of
the alternate laundering procedure with the 50 launderings required in
the standard and further revalidation testing will not be required.
(3) Records of revalidation testing need not be submitted to the
Assistant Executive Director for Compliance. However such records must
be maintained in accordance with paragraph (h) of this section.
(e) Revalidation testing failures. (1) If revalidation testing for
any fabric or garment does not meet the criteria of Sec. 1615.32(f), the
applicant must immediately discontinue use of the alternate laundering
procedure for the fabric or garment and must immediately notify the
Assistant Executive Director for Compliance in writing of the failure to
meet the criteria. Also, the testing from the production unit from which
the non-correlating samples were taken and the testing from subsequent
production units (if any) must be repeated immediately using the
laundering procedure prescribed in the standard. These repeat tests
shall then be the tests applicable to such production unit(s) and the
tests previously performed on the production unit(s) shall be considered
invalid.
(2) When use of an alternate laundering procedure for a particular
fabric or garment has been discontinued because of a failure to meet the
criteria of Sec. 1615.32(f), the alternate laundering procedure shall
not be used again unless a new application for approval is submitted to
the Assistant Executive Director for Compliance and that officer
approves the application in writing. In addition to the other
information required for applications, the additional application should
give facts or reasons showing why the applicant believes the procedure
should be considered reliable with the fabric or garments involved, in
view of previous failure.
(f) Commission criteria for evaluating applications. (1) The
Assistant Executive Director for Compliance will approve the alternate
laundering procedure as equivalent to the laundering procedure specified
in Sec. 1615.4(g)(4)(ii) of the standard if testing from 20 specimens
laundered by the proposed alternate procedure yields as many or more
char lengths in excess of five inches as does testing from the twenty
specimens laundered by the 50-laundering cycle method prescribed in the
standard.
(2) If the alternate laundering procedure yields fewer char lengths
in excess of five inches than does the 50-wash

[[Page 660]]

and dry cycle, then the Assistant Executive Director for Compliance will
not consider the alternate procedure to be equivalent, with the
following exception: If the number of five-inch chars from the alternate
procedure is within one of the number of five-inch chars obtained from
the 50-cycle procedure, the applicant may repeat the original test with
new specimens and if the combined results of both tests show the count
of chars exceeding five inches from the alternate is equal to, or
greater than, the count from the 50-wash cycle procedure, the Assistant
Executive Director for Compliance will approve the alternate laundering
procedure.
(g) Commission testing for compliance. (1) For the purpose of
determining compliance with the standard, the Commission will rely on
testing employing the laundering procedure now prescribed in section
4(g)(4)(ii) of the standard.
(2) The Commission may verify equivalency of any procedure submitted
by independent testing and evaluation, by or on behalf of the
Commission.
(h) Recordkeeping. The applicant must maintain a record of all
applications filed with the Commission and of all equivalency tests for
as long as the procedures to which they relate are in use and for three
years thereafter.

[42 FR 55891, Oct. 20, 1977, as amended at 65 FR 12927, Mar. 10, 2000;
65 FR 19818, Apr. 12, 2000]

Sec. 1615.35 Use of alternate apparatus, procedures, or criteria for testing under the standard.

(a) The Standard for the Flammability of Children's Sleepwear: Sizes
0 through 6X (the Standard) requires every manufacturer, importer, and
other person (such as a converter) initially introducing items subject
to the Standard into commerce to group items into production units, and
to test samples from each production unit. See 16 CFR 1615.4 (b), (c)
and (d). The Standard prescribes an apparatus and procedure for
performing tests of fabric and garments subject to its provisions. See
16 CFR 1615.4 (a), (f), and (g). The Standard prescribes pass/fail
criteria at 16 CFR 1615.3(b).
(b)(1) By issuance of this Sec. 1615.35, the Commission gives its
approval to any person or firm desiring to use test apparatus or
procedures other than those prescribed by the Standard for purposes of
compliance with the Standard, if that person or firm has data or other
information to demonstrate that a test utilizing such alternate
apparatus or procedures is as stringent as, or more stringent than, a
test utilizing the apparatus and procedures specified in the Standard.
The Commission considers a test utilizing alternate apparatus or
procedures to be ``as stringent as, or more stringent than'' a test
utilizing the apparatus and procedures specified in the standard if,
when testing identical specimens, a test utilizing alternate apparatus
or procedures yields failing results as often as, or more often than, a
test utilizing the apparatus and procedures specified in the Standard.
(2) The data or information required by this paragraph (b) of this
section as a condition to the Commission's approval of the use of
alternate test apparatus or procedures must be in the possession of the
person or firm desiring to use such alternate apparatus or procedures
before the alternate apparatus or procedures may be used for purposes of
compliance with the Standard.
(3) The information required by this paragraph (b) of this section
must be retained by the person or firm using the alternate test
apparatus or procedure for as long as that apparatus or procedure is
used for purposes of compliance with the Standard, and for a period of
one year thereafter.
(c) Written application to the Commission is not required for
approval of alternate test apparatus or procedure, and the Commission
will not act on any individual written application for approval of
alternate test apparatus or procedure.
(d) Use of any alternate test apparatus or procedure without the
data or information required by paragraph (b), of this section, may
result in violation of the Standard and section 3 of the Flammable
Fabrics Act (15 U.S.C. 1192).
(e) The Commission will test fabrics and garments subject to the
Standard for compliance with the requirements of the Standard using the
apparatus

[[Page 661]]

and procedures set forth in the Standard. The Commission will consider
any failing results from compliance testing as evidence of a violation
of the Standard and section 3 of the Flammable Fabrics Act (15 U.S.C
1192).

(Reporting requirements contained in paragraph (d) were approved by the
Office of Management and Budget under control number 3041-0027)

[48 FR 21315, May 12, 1983]

Sec. 1615.36 Use of alternate apparatus or procedures for tests for guaranty purposes.

[48 FR 21316, May 12, 1983]

Subpart C--Interpretations and Policies

Authority: Secs. 1-17, 67 Stat. 111-115, as amended, 81 Stat. 568-
74; 15 U.S.C. 1191-1204.

Sec. 1615.61 [Reserved]

Sec. 1615.62 Policy and interpretation relative to items in inventory or as to recordkeeping requirements.

(a) The Standard for the Flammability of Children's Sleepwear: Sizes
0 through 6X (FF 3-71) (subpart A of this part) was published in the
Federal Register on July 29, 1971, at 36 FR 14062 et seq., and amended
in the Federal Register of July 21, 1972 (37 FR 14624). The Notice of
Standard provided at 36 FR 14063 that ``Items in inventory or with the
trade on the effective date of the Standard are exempt. All concerned
parties shall be required to maintain records that these items offered
for sale after the effective date of the Standard are eligible for the
exemption.''
(b) The Children's Sleepwear Standard was amended on July 21, 1972,
at 37 FR 14624 et seq. to incorporate a sleepwear sampling plan therein
and to make certain nonsubstantive technical corrections as to the test
equipment. The effective date remained the same. In issuance of such
amendment the Notice of Amendment specified at 37 FR 14625 that ``It is
emphasized that the only substantive change made to the standard
involves the amendment necessary to include the sampling plan.''
(c) The Notice of Amendment did not repeat the language in the
original 1971 Notice of Standard relative to items in

[[Page 662]]

inventory or as to recordkeeping requirements.
(d) Questions have arisen under this standard as to the application
of the standard to goods manufactured outside the United States prior to
the effective date of the standard on July 29, 1972, as to whether a
person claiming the exemption specified in the standard must maintain
records showing eligibility for exemption from the standard.
(e) In the Commission's view, the provisions of the July 29, 1971,
Notice of Standard as to exemption of items of children's sleepwear in
inventory or with the trade on the effective date of the standard and as
to the necessity of maintenance of records to show eligibility for such
exemption are in full force and effect.

Note: This policy was published by the Federal Trade Commission on
January 31, 1973 (38 FR 3014). It continues in effect.

Sec. 1615.63 Policy regarding garment production unit identification.

No provision of Sec. 1615.31(b)(8) prohibits placement of a garment
production unit identification on a label containing other information.
Provided, however, that when the garment production unit identification
appears on a label containing other information, provisions of
Sec. 1615.31(b)(7) require that the garment production unit
identification must be set forth separately from any other information
appearing on the same label, and that information not required by the
applicable enforcement regulation Sec. 1615.31, but placed on the same
label with the garment production unit identification, shall not
interfere with the garment production unit identification.

Sec. 1615.64 Policy to clarify scope of the standard.

(a) The Standard for Flammability of Children's Sleepwear: Size 0
Through 6X (16 CFR part 1615) is applicable to any item of children's
sleepwear in sizes 0 through 6X.
(1) The term item is defined in the Standard at Sec. 1615.1(d) to
mean ``any product of children's sleepwear, or any fabric or related
material intended or promoted for use in children's sleepwear.''
(2) The term children's sleepwear is defined in the Standard at
Sec. 1615.1(a) to mean ``any product of wearing apparel up to and
including size 6X, such as nightgowns, pajamas, or similar or related
items, such as robes, intended to be worn primarily for sleeping or
activities relating to sleeping. Diapers and underwear are excluded from
the definition.''
(b) The Commission makes the following statement of policy regarding
(1) the phrase ``intended or promoted'' as used in the definition of
``item'' in Sec. 1615.1(d), and (2) the phrase ``intended to be worn
primarily for sleeping or activities related to sleeping'' as used in
the definition of ``children's sleepwear'' in Sec. 1615.1(a).
(c) For enforcement purposes, the meaning of these phrases will be
interpreted by the Commission in accordance with the following
principles:
(1) Sleepwear fabrics and related materials. Whether fabric or
related material is ``intended or promoted'' for use in children's
sleepwear depends on the facts and circumstances in each case. Relevant
factors include:
(i) The nature of the fabric and its suitability for use in
children's sleepwear;
(ii) The extent to which the fabric or a comparable fabric has been
sold to manufacturers of children's sleepwear for use in the manufacture
of children's sleepwear garments; and
(iii) The likelihood that the fabric will be used primarily for
children's sleepwear in a substantial number of cases.
(2) Sleepwear garments. Whether a product of wearing apparel is
``intended to be worn primarily for sleeping or activities related to
sleeping'' depends on the facts and circumstances present in each case.
Relevant factors include:
(i) The nature of the product and its suitability for use by
children for sleeping or activities related to sleeping;
(ii) The manner in which the product is distributed and promoted;
and
(iii) The likelihood that the product will be used by children
primarily for sleeping or activities related to sleeping in a
substantial number of cases.
(3) The factors set forth in this policy statement are guidelines
only, and are

[[Page 663]]

not elements of the definition of the term ``children's sleepwear'' in
Sec. 1615.1(a) of the Standard. For this reason, a particular fabric or
garment may meet the definition of ``children's sleepwear'' set forth in
the Standard, even though all factors listed in this policy statement
are not present.
(d) Retailers, distributors, and wholesalers, as well as
manufacturers, importers, and other persons (such as converters)
introducing a fabric or garment into commerce which does not meet the
requirements of the flammability standards for children's sleepwear,
have an obligation not to promote or sell such fabric or garment for use
as an item of children's sleepwear. Also, retailers, distributors, and
wholesalers are advised not to advertise, promote, or sell as an item of
children's sleepwear any item which a manufacturer, importer, or other
person (such as a converter) introducing the item into commerce has
indicated by label, invoice, or, otherwise, does not meet the
requirements of the children's sleepwear flammability standards and is
not intended or suitable for use as sleepwear. ``Infant garments'' as
defined by Sec. 1615.1(c) and ``tight-fitting'' garments as defined by
Sec. 1615.1(o) are exempt from the standard which requires flame
resistance. They may be marketed as sleepwear for purposes of this
section. Additionally, retailers are advised:
(1) To segregate, by placement in different parts of a department or
store, fabrics and garments covered by the children's sleepwear
standards from all fabrics and garments that are beyond the scope of the
children's sleepwear standards but which resemble items of children's
sleepwear;
(2) To utilize store display signs indicating the distinction
between types of fabrics and garments, for example by indicating which
are sleepwear items and which are not; and
(3) To avoid the advertisement or promotion of a fabric or garment
that does not comply with the children's sleepwear flammability standard
in a manner that may cause the item to be viewed by the consumer as an
item of children's sleepwear.

(Sec. 5, Pub.L. 90-189, 81 Stat. 569, 15 U.S.C. 1194; sec. 30(b), Pub.L.
92-573, 86 Stat. 1231, 15 U.S.C. 2079(b); 5 U.S.C. 553)

[49 FR 10250, Mar. 20, 1984, as amended at 64 FR 2832, Jan. 19, 1999; 64
FR 34533, June 28, 1999]

PART 1616--STANDARD FOR THE FLAMMABILITY OF CHILDREN'S SLEEPWEAR: SIZES 7 THROUGH 14 (FF 5-74)--Table of Contents

Subpart A--The Standard

Sec.
1616.1 Scope and application.
1616.2 Definitions.
1616.3 General requirements.
1616.4 Sampling and acceptance procedures.
1616.5 Test procedure.
1616.6 Labeling requirements.

Subpart B--Rules and Regulations

1616.31 Labeling, recordkeeping, retail display and guaranties.
1616.32 Method for establishment and use of alternate laundering
procedures under section 5(c)(4)(ii) of the standard.
1616.35 Use of alternate apparatus, procedures, or criteria for testing
under the standard.
1616.36 Use of alternate apparatus or procedures for tests for guaranty
purposes.

Subpart C--Interpretations and Policies

1616.61 Enforcement policy.
1616.62 Policy regarding retail display requirement for items.
1616.63 Policy regarding garment production unit identification.
1616.64 Policy regarding recordkeeping requirements.
1616.65 Policy scope of the standard.

Source: 40 FR 59917, Dec. 30, 1975, unless otherwise noted.

Subpart A--The Standard

Authority: Sec. 429, Pub. L. 105-276; Sec. 4, 67 Stat. 112, as
amended, 81 Stat. 569-570; 15 U.S.C. 1193.

Sec. 1616.1 Scope and application.

(a) This Standard provides a test method to determine the
flammability of children's sleepwear, sizes 7 through

[[Page 664]]

14 and fabric or related material intended or promoted for use in such
children's sleepwear.
(b) All sleepwear items as defined in Sec. 1616.2(c), are subject to
the requirements of this Standard.
(c) Children's sleepwear items which meet all the requirements of
the Standard for the Flammability of Children's Sleepwear: Sizes 0
through 6X (FF 3-71) (subpart A of part 1615 of this chapter) are in
compliance with this Standard. FF 3-71 was issued July 29, 1971 (36 FR
14062), and amended July 21, 1972 (37 FR 14624).
(d) As used in this Standard, pass and fail refer to the test
criteria for specimens while accept and reject refer to the acceptance
or rejection of a production unit under the sampling plan.
(e) The flammability standards for clothing textiles and vinyl
plastic film, parts 1610 and 1611 of this chapter, are superseded by
this part 1616 insofar as they apply to items defined in Sec. 1616.2(c).

Sec. 1616.2 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 purposes of this Standard:
(a) Children's sleepwear means any product of wearing apparel size 7
through 14, such as nightgowns, pajamas, or similar or related items,
such as robes, intended to be worn primarily for sleeping or activities
related to sleeping, except:
(1) Diapers and underwear; and
(2) ``Tight-fitting garments'' as defined by section 1616.2(m),
below.
(b) Sizes 7 through 14 means the sizes defined as 7 through 14 in
Department of Commerce Voluntary Product Standards PS 54-72 and PS 36-
70, previously identified as Commercial Standards, CS 153-48, ``Body
Measurements for the Sizing of Girls' Apparel'' and CS 155-50, ``Body
Measurements for the Sizing of Boys' Apparel'', respectively. \1\
---------------------------------------------------------------------------

\1\ Copies available from the National Technical Information
Service, 5285 Port Royal Street, Springfield VA 22151. The ordering
number for PS 54-72 (CS 153--48), on girls' apparel sizing, is COM 73-
50603; the ordering number for PS 36-70 (CS 155-50), on boys' apparel
sizing, is PB 86125648.
---------------------------------------------------------------------------

(c) Item means any product of children's sleepwear or any fabric of
related material intended or promoted for use in children's sleepwear.
(d) Trim means decorative materials, such as ribbons, laces,
embroidery, or ornaments. This definition does not include (1)
individual pieces less than 2 inches in their longest dimension,
provided that such pieces do not constitute or cover in aggregate a
total of more than 20 square inches of the item or (2) functional
materials (findings), such as zippers, buttons or elastic bands, used in
the construction of garments.
(e) Test criteria means the average char length and the maximum char
length which a sample of specimen may exhibit in order to pass an
individual test.
(f) Char length means the distance from the original lower edge of
the specimen exposed to the flame in accordance with the procedure
specified in Sec. 1616.5 Test procedure to the end of the tear or void
in the charred, burned, or damaged area, the tear being made in
accordance with the procedure specified in Sec. 1615.5(c)(2) Specimen
burning and evaluation.
(g) Afterglow means the continuation of glowing of parts of a
specimen after flaming has ceased.
(h) Fabric piece (piece) means a continuous, unseamed length of
fabric, one or more of which make up a unit.
(i) Fabric production unit (unit) means any quantity of finished
fabric up to 4,600 linear m. (5,000 linear yds.) for Normal Sampling or
9,200 linear m. (10,000 linear yds.) for Reduced Sampling which has a
specific identity that remains unchanged throughout the unit except for
color or print pattern as specified in Sec. 1616.4(a). For purposes of
this definition, finished fabric means fabric in its final form after
completing its last processing step as a fabric except for slitting.
(j) Garment production unit (unit) means any quantity of finished
garments up to 500 dozen which have a specific identity that remains
unchanged throughout the unit except for

[[Page 665]]

size, trim, findings, color, and print patterns as specified in
Sec. 1616.4(a).
(k) Sample means five test specimens.
(l) Specimen means an 8.90.5 x 25.40.5 cm.
(3.50.2 x 100.2 in.) section of fabric. For
garment testing, the specimen will include a seam or trim.
(m) Tight-fitting garment means a garment which:
(1)(i) In each of the sizes listed below does not exceed the maximum
dimension specified below for the chest, waist, seat, upper arm, thigh,
wrist, or ankle:

Maximum dimension:
Centimeters.................... 63.5 58.4 66 18.7 37.2 13.0 18.7
(inches)....................... (25) (23) (26) (7\3/8\) (14\5/8\) (5\1/8\) (7\3/8\)

Size 7 Girls

Maximum dimension:
Centimeters.................... 63.5 58.4 67.3 18.7 38.7 13.0 18.7
(inches)....................... (25) (23) (26\1/2\) (7\3/8\) (15\1/4\) (5\1/8\) (7\3/8\)

Size 8 Boys \1\

Maximum dimension:
Centimeters.................... 66 59.7 67.3 19.4 38.4 13.3 19.1
(inches)....................... (26) (23\1/2\) (26\1/2\) (7\5/8\) (15\1/8\) (5\1/4\) (7\1/2\)

Size 8 Girls

Maximum dimension:
Centimeters.................... 66 59.7 71.1 19.4 41.3 13.3 19.1
(inches)....................... (26) (23\1/2\) (28) (7\5/8\) (16\1/4\) (5\1/4\) (7\1/2\)

Size 9 Boys \1\

Maximum dimension:
Centimeters.................... 68.6 61.0 69.2 20 39.7 13.7 19.4
(inches)....................... (27) (24) (27\1/4\) (7\7/8\) (15\5/8\) (5\3/8\) (7\5/8\)

Size 9 Girls

Maximum dimension:
Centimeters.................... 68.6 61.0 73.7 20 42.6 13.7 19.4
(inches)....................... (27) (24) (29) (7\7/8\) (16\3/4\) (5\3/8\) (7\5/8\)

Size 10 Boys \1\

Maximum dimension:
Centimeters.................... 71.1 62.2 71.1 20.6 41.0 14 19.7
(inches)....................... (28) (24\1/2\) (28) (8\1/8\) (16\1/8\) (5\1/2\) (7\3/4\)

Size 10 Girls

Maximum dimension:
Centimeters.................... 71.1 62.2 76.2 20.6 43.8 14 19.7
(inches)....................... (28) (24\1/2\) (30) (8\1/8\) (17\1/4\) (5\1/2\) (7\3/4\)

Size 11 Boys \1\

Maximum dimension:
Centimeters.................... 73.7 63.5 73.7 21 42.2 14.3 20
(inches)....................... (29) (25) (29) (8\1/4\) (16\5/8\) (5\5/8\) (7\7/8\)

Size 11 Girls

Maximum dimension:
Centimeters.................... 73.7 63.5 78.7 21 45.1 14.3 20
(inches)....................... (29) (25) (31) (8\1/4\) (17\3/4\) (5\5/8\) (7\7/8\)

Size 12 Boys \1\

Maximum dimension:
Centimeters.................... 76.2 64.8 76.2 21.6 43.5 14.6 20.3
(inches)....................... (30) (25\1/2\) (30) (8\1/2\) (17\1/8\) (5\3/4\) (8)

Size 12 Girls

Maximum dimension:
Centimeters.................... 76.2 64.8 81.3 21.6 46.7 14.6 20.3
(inches)....................... (30) (25\1/2\) (32) (8\1/2\) (18\1/2\) (5\3/4\) (8)

Size 13 Boys \1\

Maximum dimension:
Centimeters.................... 78.7 66 78.7 22.2 44.8 14.9 20.6
(inches)....................... (31) (26) (31) (8\3/4\) (17\5/8\) (5\7/8\) (8\1/8\)

[[Page 666]]

Size 13 Girls

Maximum dimension:
Centimeters.................... 78.7 66 83.8 22.2 47.6 14.9 20.6
(inches)....................... (31) (26) (33) (8\3/4\) (18\3/4\) (5\7/8\) (8\1/8\)

Size 14 Boys \1\

Maximum dimension:
Centimeters.................... 81.3 67.3 81.3 22.9 46 15.2 21
(inches)....................... (32) (26\1/2\) (32) (9) (18\1/8\) (6) (8\1/4\)

Size 14 Girls

Maximum dimension:
Centimeters.................... 81.3 67.3 86.4 22.9 49.5 15.2 21
(inches)....................... (32) (26\1/2\) (34) (9) (19\1/2\) (6) (8\1/4\)
----------------------------------------------------------------------------------------------------------------
\1\ Garments not explicitly labeled and promoted for wear by girls must not exceed these maximum dimensions.

(ii) Note: Measure the dimensions on the front of the garment. Lay
garment, right side out, on a flat, horizontal surface. Smooth out
wrinkles. Measure distances as specified below and multiply them by two.
Measurements should be equal to or less than the maximum dimensions
given in the standards.
(A) Chest--measure distance from arm pit to arm pit (A to B) as in
Diagram 1.
(B) Waist--See Diagram 1. One-piece garment, measure at the
narrowest location between arm pits and crotch (C to D). Two-piece
garment, measure width at both the bottom/sweep of the upper piece (C to
D) and, as in Diagram 3, the top of the lower piece (C to D).
(C) Wrist--measure the width of the end of the sleeve (E to F), if
intended to extend to the wrist, as in Diagram 1.
(D) Upper arm--draw a straight line from waist/sweep D through arm
pit B to G. Measure down the sleeve fold from G to H. Refer to table
below for G to H distances for each size. Measure the upper arm of the
garment (perpendicular to the fold) from H to I as shown in Diagram 1.
[GRAPHIC] [TIFF OMITTED] TR19JA99.017

[[Page 667]]

Distance From Shoulder (G) to (H) for Upper Arm Measurement for Sizes 7 Through 14
----------------------------------------------------------------------------------------------------------------
7 8 9 10 11 12 13 14
----------------------------------------------------------------------------------------------------------------
11.4 cm 11.7 cm 11.9 cm 12.5 cm 12.8 cm 13.1 cm 13.7 cm 14.2 cm
4\1/2\ " 4\5/8\" 4\3/4\" 4\7/8\" 5" 5\1/8\" 5\3/8\" 5\5/8\"
----------------------------------------------------------------------------------------------------------------

(E) Seat--Fold the front of the pant in half to find the bottom of
the crotch at J as in Diagram 2. The crotch seam and inseam intersect at
J. Mark point K on the crotch seam at 4 inches above and perpendicular
to the bottom of the crotch. Unfold the garment as in Diagram 3. Measure
the seat from L to M through K as shown.
(F) Thigh--measure from the bottom of the crotch (J) 1 inch down the
inseam to N as in Diagram 2. Unfold the garment and measure the thigh
from the inseam at N to O as shown in Diagram 3.
(G) Ankle--measure the width of the end of the leg (P to Q), if
intended to extend to the ankle, as in Diagram 3.
[GRAPHIC] [TIFF OMITTED] TR19JA99.018

[[Page 668]]

(4) Has legs which do not exceed the maximum dimension for the thigh
at any point between the thigh and the ankle, and which diminish
gradually in width between the thigh and the ankle;
(5) In the case of a one-piece garment, has a width which does not
exceed the maximum dimension for the chest at any point between the
chest and the waist and which diminishes gradually from the chest to the
waist; and has a width which does not exceed the maximum dimension for
the seat at any point between the seat and the waist and which
diminishes gradually from the seat to the waist;
(6) In the case of a two-piece garment, has an upper piece with a
width which does not exceed the maximum distance for the chest at any
point between the chest and the bottom of that piece and which
diminishes gradually from the chest to the bottom of that piece; in the
case of an upper piece with fastenings, has the lowest fastening within
15 centimeters (6 inches) of the bottom of that piece;
(7) In the case of a two-piece garment, has a lower piece with a
width which does not exceed the maximum dimension for the seat at any
point between the seat and the top of the lower piece and which
diminishes gradually from the seat to the top of that piece;
(8) Complies with all applicable requirements of the Standard for
the Flammability of Clothing Textiles (16 CFR part 1610) and the
Standard for the Flammability of Vinyl Plastic Film (16 CFR part 1611);
and
(9) Bears a label stating the size of the garment; for example
``Size 7.'' If the label is not visible to the consumer when the garment
is offered for sale at retail, the garment size must appear legibly on
the package of the garment.
Effective date: These amendments shall become effective on January
1, 1997, and shall be applicable to garments which are introduced into
commerce on or after that date.
(10)(i) Hangtags. Bears a hangtag as shown following this paragraph
stating ``For child's safety, garment should fit snugly. This garment is
not flame resistant. Loose-fitting garment is more likely to catch
fire.'' The hangtag must measure 1\1/2\" x 6\1/4\". The text must be
enclosed in a text box that measures 1" x 5\3/4\" and must be in 18
point Arial/Helvetica font. The hangtag must have a yellow background
and black lettering. The color yellow must meet the specifications for
Standard Safety Yellow (Hue 5.OY; Value/Chroma 8.0/12) as described in
American National Standard ANSI Z535.1-1998, Safety Color Code, p.6,
under Munsell Notation. \2\ One side of the hangtag must display only
this message. The reverse side of the hangtag may display sizing
information, but otherwise must be blank. The text must not be obscured
by the hole provided for attaching the hangtag to the garment. The
hangtag must be prominently displayed on the garment.
---------------------------------------------------------------------------

[[Page 669]]

(ii) Packages. If the garments are sold in packages, the package
must have a label as shown following this paragraph with the same
language that would appear on the hangtag. The label must have a text
box that measures \3/4\ x 3\3/4\. The text must be 11 point Arial/
Helvetica in black lettering against a yellow background. The packages
must be prominently, conspicuously, and legibly labeled with the
required message. The package label may be adhesive.
[GRAPHIC] [TIFF OMITTED] TR08SE99.004

[40 FR 59917, Dec. 30, 1975, as amended at 50 FR 53307, Dec. 31, 1985;
61 FR 47646, Sept. 9, 1996; 64 FR 2841, Jan. 19, 1999; 64 FR 34535, June
28, 1999; 64 FR 48705, Sept. 8, 1999; 64 FR 61021, Nov. 9, 1999]

Sec. 1616.3 General requirements.

(a) Summary of test method. Conditioned specimens are suspended one
at a time vertically in holders in a prescribed cabinet and subjected to
a standard flame along their bottom edges for a specified time under
controlled conditions. The char lengths are recorded.
(b) Test criteria. The test criteria when the testing is done in
accordance with Sec. 1616.4 Sampling and acceptance procedures and
Sec. 1616.5 Test procedures are:
(1) Average char length. The average char length of five specimens
shall not exceed 17.8 cm. (7.0 in.).
(2) Full-specimen burn. No individual specimen shall have a char
length of 25.40.5 cm. (100.2 in.).
(c) Details of the number of specimens which must meet the above
test criteria for unit acceptance is specified in Sec. 1616.4.

Sec. 1616.4 Sampling and acceptance procedures.

(a) General. (1) The test criteria of Sec. 1616.3(b) shall be used
in conjunction with the following fabric and garment sampling plan. The
Consumer Product Safety Commission may consider and approve other
sampling plans that provide at least the equivalent level of fire safety
to the consumer, provided such

[[Page 670]]

alternate sampling plans have operating characteristics such that the
probability of unit acceptance at any percentage defective does not
exceed the corresponding probability of unit acceptance of the following
sampling plan in the region of the latter's operating characteristic
curves that lies between 5 and 95 percent acceptance probability.
Alternate sampling plans approved for one manufacturer may be used by
other manufacturers without prior Consumer Product Safety Commission
approval.
(2) Different colors or different print patterns of the same fabric
may be included in a single fabric or garment production unit, provided
such colors or print patterns demonstrate char lengths that are not
significantly different from each other as determined by previous
testing of at least three samples from each color or print pattern to be
included in the unit.
(3) Garments with different trim and findings may be included in a
single garment production unit provided the other garment
characteristics are identical except for size, color, and print pattern.
(4) For fabrics whose flammability characteristics are not dependent
on chemical additives or chemical reactants to polymer, fiber, yarns, or
fabrics, the laundering requirement of Sec. 1616.5(c)(4) is met on
subsequent fabric production units if results of testing an initial
fabric production unit demonstrate acceptability according to the
requirements of paragraph (b) of this section, Normal sampling, both
before and after the appropriate laundering.
(5) If the fabric has been shown to meet the laundering requirement,
Sec. 1616.5(c)(4), the garments produced from that fabric are not
required to be laundered prior to testing.
(6) Each sample (five specimens), for Fabric Sampling shall be
selected so that two specimens are in one fabric direction (machine or
cross-machine) and three specimens are in the other fabric direction,
except for the additional sample selected after a failure, in which case
all five specimens shall be selected in the fabric direction in which
the specimen failure occurred.
(7) Fabric samples may be selected from fabric as outlined in
paragraph (b) of this section, Fabric sampling or, for verification
purposes, from randomly selected garments.
(8) Multi-layer fabrics shall be tested with a hem of approximately
2.5 cm. (1 in.) sewn at the bottom edge of the specimen with a suitable
thread and stitch. The specimen shall include each of the components
over its entire length. Garments manufactured from multi-layer fabrics
shall be tested with the edge finish which is used in the garment at the
bottom edge of the specimen.
(b) Fabric sampling. A fabric production unit (unit) is either
accepted or rejected in accordance with the following plan:
(1) Normal sampling. Select one sample from the beginning of the
first fabric piece (piece) in the unit and one sample from the end of
the last piece in the unit, or select a sample from each end of the
piece if the unit is made up of only one piece. Test the two selected
samples. If both samples meet all the test criteria of Sec. 1616.3(b),
accept the unit. If either or both of the samples fail the 17.8 cm. (7.0
in.) average char length criterion, Sec. 1616.3(b)(1), reject the unit.
If two or more of the individual specimens, from the 10 selected
specimens, fail the 25.4 cm. (10 in.) char length criterion,
Sec. 1616.3(b)(2), reject the unit. If only one individual specimen,
from the 10 selected specimens, fails the 25.4 cm. (10 in.) char length
criterion, Sec. 1616.3(b)(2), select five additional specimens from the
same end of the piece in which the failure occurred, all five to be
taken in the fabric direction in which the specimen failure occurred. If
this additional sample passes all the test criteria, accept the unit. If
this additional sample fails any part of the test criteria, reject the
unit.
(2) Reduced sampling. (i) The level of sampling required for fabric
acceptance may be reduced provided the preceding 15 units of the fabric
have all been accepted using the Normal Sampling Plan.
(ii) The reduced Sampling Plan shall be the same as for Normal
Sampling except that the quantity of fabric in the unit may be increased
to 9,200 linear m. (10,000 linear yds.)

[[Page 671]]

(iii) Select and test two samples in the same manner as in Normal
Sampling. Accept or reject the unit on the same basis as with Normal
Sampling.
(iv) Reduced Sampling shall be discontinued and Normal Sampling
resumed if a unit is rejected.
(3) Tightened sampling. Tightened sampling shall be used when a unit
is rejected under the Normal Sampling Plan. The Tightened Sampling shall
be the same as Normal Sampling except that one additional sample shall
be selected and cut from a middle piece in the unit. If the unit is made
up of less than two pieces, the unit shall be divided into at least two
pieces. The division shall be such that the pieces produced by the
division shall not be smaller than 92 linear m. (100 linear yds.) or
greater than 2,300 linear m. (2,500 linear yds.). If the unit is made up
of two pieces, the additional sample shall be selected from the interior
end of one of the pieces. Test the three selected samples. If all three
selected samples meet all the test criteria of Sec. 1616.3(b), accept
the unit. If one or more of the three selected samples fail the 17.8 cm.
(7.0 in.) average char length criterion, Sec. 1616.3(b)(1), reject the
unit. If two or more of the individual specimens, from the 15 selected
specimens, fail the 25.4 cm. (10 in.) char length criterion,
Sec. 1616.3(b)(2), reject the unit. If only one individual specimen,
from the 15 selected specimens, fails the 25.4 cm. (10 in.) char length
criterion, Sec. 1616.3(b)(2), select five additional specimens from the
same end of the same piece in which the failure occurred, all five to be
taken in the fabric direction in which the specimen failure occurred. If
this additional sample passes all the test criteria, accept the unit. If
this additional sample fails any part of the test criteria, reject the
unit. Tightened Sampling may be discontinued and Normal Sampling resumed
after five consecutive units have all been accepted using Tightened
Sampling. If Tightened Sampling remains in effect for 15 consecutive
units, production of the specific fabric in Tightened Sampling must be
discontinued until that part of the process or component which is
causing failure has been identified and the quality of the end product
has been improved.
(4) Disposition of rejected units. (i) The piece or pieces which
have failed and resulted in the initial rejection of the unit may not be
retested, used, or promoted for use in children's sleepwear as defined
in Sec. Sec. 1616.2(a) and 1615.1(a) of the (Standard for the
Flammability of Children's Sleepwear: Sizes 0 through 6X) (FF 3-71)
(subpart A of part 1615 of this chapter) except after reworking to
improve the flammability characteristics and subsequent retesting and
acceptance in accordance with the procedures in Tightened Sampling.
(ii) The remainder of a rejected unit, after removing the piece or
pieces, the failure of which resulted in unit rejection, may be accepted
if the following test plan is successfully concluded at all required
locations. The required locations are those adjacent to each such failed
piece. (Required locations exist on both sides of the ``Middle Piece''
tested in Tightened Sampling if failure of that piece resulted in unit
rejection). Failure of a piece shall be deemed to have resulted in unit
rejection if unit rejection occurred and a sample or specimen from the
piece failed any test criterion of Sec. 1616.3(b).
(iii) The unit should contain at least 15 pieces for disposition
testing after removing the failing pieces. If necessary for this
purpose, the unit shall be demarcated into at least 15 approximately
equal length pieces unless such division results in pieces shorter than
92 linear m. (100 linear yds.). In this latter case, the unit shall be
demarcated into roughly equal length pieces of approximately 92 linear
m. (100 linear yds.) each. If such a division results in five pieces or
less in the unit for each failing piece after removing the failing
pieces, only the individual pieces retest procedure [described in
paragraph (b)(4)(vi) of this section] may be used.
(iv) Select and cut a sample from each end of each adjoining piece
beginning adjacent to the piece which failed. Test the two samples from
the piece. If both samples meet all the test criteria of Sec. 1616.3(b),
the piece is acceptable. If one or both of the two selected samples fail
the 17.8 cm. (7.0 in.) average char length criterion, Sec. 1616.3(b)(1),
the piece is unacceptable. If two or more of the

[[Page 672]]

individual specimens, from the 10 selected specimens, fail the 25.4 cm.
(10 in.) char length criterion, Sec. 1616.3(b)(2), the piece is
unacceptable. If only one individual specimen, from the 10 selected
specimens, fails the 25.4 cm. (10 in.) char length criterion,
Sec. 1616.3(b)(2), select five additional specimens from the same end of
the piece in which the failure occurred, all five to be taken in the
fabric direction in which the specimen failure occurred. If this
additional sample passes all the test criteria, the piece is acceptable.
If this additional sample fails any part of the test criteria, the piece
is unacceptable.
(v) Continue testing adjoining pieces until a piece has been found
acceptable. Then continue testing adjoining pieces until three
successive adjoining pieces, not including the first acceptable piece,
have been found acceptable or until five such pieces, not including the
first acceptable piece, have been tested, whichever occurs sooner.
Unless three successive adjoining pieces have been found acceptable
among five such pieces, testing shall be stopped and the entire unit
rejected without further testing. If three successive pieces have been
found acceptable among five such pieces, accept the three successive
acceptable pieces and the remaining pieces in the unit.
(vi)(A) Alternately, individual pieces from a rejected unit
containing three or more pieces may be tested and accepted or rejected
on a piece by piece basis according to the following plan, after
removing the piece or pieces, the failure of which resulted in unit
rejection.
(B) Select four samples (two from each end) from the piece. Test the
four selected samples. If all four samples meet all the test criteria of
Sec. 1616.3(b), accept the piece. If one or more of the samples fail the
17.8 cm. (7.0 in.) average char length criterion, Sec. 1616.3(b)(1),
reject the piece. If two or more of the individual specimens, from the
20 selected specimens, fail the 25.4 cm. (10 in.) char length criterion,
Sec. 1616.3(b)(2), reject the piece. If only one individual specimen,
from the 20 selected specimens, fails the 25.4 cm. (10 in.) char length
criterion, Sec. 1613.3(b)(2), select two additional samples from the
same end of the piece in which the failure occurred. If these additional
two samples meet all the test criteria of Sec. 1616.3(b), accept the
piece. If one or both of the two additional samples fail any part of the
test criteria, reject the piece.
(vii) The pieces of a unit rejected after retesting may not be
retested, used, or promoted for use in children's sleepwear as defined
in Sec. Sec. 1616.2(a) and 1615.1(a) of the Standard for the
Flammability of Children's Sleepwear: Sizes 0 through 6X (FF 3-71)
(subpart A of part 1615 of this chapter) except after reworking to
improve the flammability characteristics, and subsequent retesting in
accordance with the procedures set forth in Tightened Sampling.
(5) Records. Written and physical records related to all tests
performed under this Standard must be maintained by the manufacturer,
importer, or other persons initially introducing items into commerce
which are subject to this Standard, beginning on the effective date of
the Standard. Such records shall include results of all tests, sizes of
all units, and the disposition of all rejected pieces and units. Rules
and regulations regarding recordkeeping may be established by the
Consumer Product Safety Commission.
(c) Garment sampling. (1)(i) The Garment Sampling Plan is made up of
two parts: (A) Prototype Testing and (B) Production Testing. Prior to
production, prototypes must be tested to assure that the design
characteristics of the garment are acceptable. Garment production units
(units) are then accepted or rejected on an individual unit basis.
(ii) Edge finishes such as hems, except in multi-layer fabrics, and
binding are excluded from testing except that when trim is used on an
edge the trim must be subjected to prototype testing. Seams attaching
bindings are excluded from testing.
(2) Prototype testing. Pre-production prototype testing of each seam
and trim specification to be included in each garment in a garment
production unit shall be conducted to assure that garment specifications
meet the flammability requirements of the Standard prior to production.
(i) Seams. Make three samples (15 specimens) using the longest seam
type and three samples using each other

[[Page 673]]

seam type 10 inches or longer that is to be included in the garment. For
purposes of recordkeeping, prior to testing, assign each specimen to one
of the three samples. Test each set of three samples and accept or
reject each seam design in accordance with the following plan:
(A) If all three samples meet all the test criteria of
Sec. 1616.3(b), accept the seam design. If one or more of the three
samples fail the 17.8 cm. (7.0 in.) average char length criterion,
Sec. 1616.3(b)(1), reject the seam design. If three or more of the
individual specimens from the 15 selected specimens fail the 25.4 cm.
(10 in.) char length criterion, Sec. 1616.3(b)(2), reject the seam
design. If only one of the individual specimens from the 15 selected
specimens fails the 25.4 cm. (10 in.) char length criterion,
Sec. 1616.3(b)(2), accept the seam design.
(B) If two of the individual specimens; from the 15 selected
specimens, fail the 25.4 cm. (10 in.) char length criterion,
Sec. 1616.3(b)(2), select three more samples (15 specimens) and retest.
If all three additional samples meet all the test criteria of
Sec. 1616.3(b), accept the seam design. If one or more of the three
additional samples fail the 17.8 cm. (7.0 in.) average char length
criterion, Sec. 1616.3(b)(1), reject the seam design. If two or more of
the individual specimens, from the 15 selected additional specimens,
fail the 25.4 cm. (10 in.) char length criterion, Sec. 1616.3(b)(2),
reject the seam design. If only one of the individual specimens, from
the 15 selected additional specimens, fails the 25.4 cm. (10 in.) char
length criterion, Sec. 1616.3(b)(2), accept the seam design.
(ii) Trim. (A) Make three samples (15 specimens) from each type of
trim to be included in the garment. For trim used only in a horizontal
configuration on the garment, specimens shall be prepared by sewing or
attaching the trim horizontally to the bottom edge of an appropriate
section of untrimmed fabric. Sleeve and necking trim may not be tested
in this manner. Where more than one row of trim is used on the garment,
specimens shall be prepared with the same configuration (same number of
rows and spacing between rows up to the limit of the specimen size) as
the garment. For trim used in other than a horizontal configuration,
specimens shall be prepared by sewing or attaching the trim to the
center of the vertical axis of an appropriate section of untrimmed
fabric, beginning the sewing or attachment at the lower edge of each
specimen. For either configuration, the sewing or attachment shall be
made in the manner in which the trim is attached in the garment.
(B) Sewing or otherwise attaching the trim shall be done with thread
or fastening material of the same composition and size to be used for
this purpose in the garment and using the same stitching or seamtype.
Trim used in the horizontal configuration shall be sewn or fastened the
entire width (smaller dimension) of the specimen. Trim used in other
than the horizontal configuration shall be sewn or fastened the entire
length (longer dimension) of the specimen. Prior to testing, assign each
specimen to one of the three samples. Test the sets of three samples and
accept or reject the type of trim and design on the same basis as seam
design. A type of trim and design accepted when tested in a vertical
configuration, may be used in a horizontal configuration without further
testing.
(3) Production testing. A unit is either accepted or rejected
according to the following plan:
(i) Normal sampling. (A) From each unit, select at random sufficient
garments and cut three samples (15 specimens) from the longest seam
type. No more than five specimens may be cut from a single garment.
Prior to testing, assign each specimen to one of the three samples. All
specimens cut from a single garment must be included in the same sample.
Test the three selected samples. If all three samples meet all the test
criteria of Sec. 1616.3(b), accept the unit. If one or more of the three
samples fail the 17.8 cm. (7.0 in.) average char length criterion,
Sec. 1616.3(b)(1), reject the unit. If four or more of the individual
specimens, from the 15 selected specimens, fail the 25.4 cm. (10 in.)
char length criterion, Sec. 1616.3(b)(2), reject the unit. If three or
less of the individual specimens, from the 15 selected specimens, fail
the 25.4 cm. (10 in.) char length criterion, Sec. 1616.3(b)(2), accept
the unit.

[[Page 674]]

(B) If the garment under test does not have a seam at least 10
inches long in the largest size in which it is produced, the following
selection and testing procedure shall be followed:
(1) Select and cut specimens 8.9 cm. (3.5 in.) wide by the maximum
available seam length, with the seam in the center of the specimen and
extending the entire specimen length. Cut three samples (15 specimens).
These specimens shall be placed in specimen holders so that the bottom
edge is even with the bottom edge of the specimen holder and the seam
begins in the center of the bottom edge. Prior to testing, assign each
specimen to one of the three samples. All specimens cut from a single
garment must be included in the same sample.
(2) Test the three samples. If all three samples pass the 17.8 cm.
(7.0 in.) average char length criterion, Sec. 1616.3(b)(1), and if three
or fewer individual specimens fail by charring the entire specimen
length, accept the unit. If the unit is not accepted in the above test,
three samples (15 specimens) of the longest seam type shall be made
using fabric and thread from production inventory and sewn on production
machines by production operators. The individual fabric sections prior
to sewing must be no larger than 20.3 x 63.3 cm. (8 x 25 in.) and must
be selected from more than one area of the base fabric. Test the three
prepared samples. Accept or reject the unit as described previously in
this subsection.
(ii) Reduced sampling. (A) The level of sampling required for
garment acceptance may be reduced provided the previous 15 units of the
garments have all been accepted using the Normal Sampling Plan. The
Reduced Sampling Plan shall be the same as for Normal Sampling except
that the quantity of garments under test may be increased to up to two
production units containing garments which have the same specific
identity except for size, trim, findings, color, and print patterns as
specified in paragraph (a) of this section.
(B) Select and test three samples in the same manner as in Normal
Sampling. Accept or reject both units on the same basis as with Normal
Sampling. Reduced Sampling shall be discontinued and Normal Sampling
resumed if a unit is rejected.
(4) Disposition of rejected units. Rejected units shall not be
retested, used, or promoted for use in children's sleepwear as defined
in Sec. Sec. 1616.2(a) and 1615.1(a) of the Standard for the
Flammability of Children's Sleepwear: Sizes 0 through 6X (FF 3-71)
(subpart A of part 1615 of this chapter) except after reworking to
improve the flammability characteristics and subsequent retesting in
accordance with the procedures set forth in Garment production testing
[Paragraph (c)(3) of this section].
(5) Records. Written and physical records related to all tests
performed under this Standard must be maintained by the manufacturer,
importer, or other persons initially introducing items into commerce
which are subject to this Standard, beginning on the effective date of
this Standard. Such records shall include results of all tests, sizes of
all units, and the disposition of all rejected pieces and units. Rules
and regulations regarding recordkeeping may be established by the
Consumer Product Safety Commission.
(d) Compliance market sampling plan. Sampling plans for use in
market testing of items covered by this Standard may be issued by the
Consumer Product Safety Commission. Such plans shall define
noncompliance of a production unit to exist only when it is shown, with
a high level of statistical confidence, those production units
represented by tested items which fail such plans will, in fact, fail
this Standards. Production units found to be noncomplying under the
provisions of paragraph (d) of this section, shall be deemed not to
conform to this Standard. The Consumer Product Safety Commission may
publish such plans in the Federal Register.

(Sec. 30(d), (15 U.S.C. 2079(b)), 86 Stat. 1231)

[40 FR 59917, Dec. 30, 1975, as amended at 43 FR 4855, Feb. 6, 1978]

Sec. 1616.5 Test procedure.

(a) Apparatus. The following test apparatus shall be used for the
test. Alternate test apparatus may be used only with prior approval of
the Consumer Product Safety Commission.

[[Page 675]]

(1) Test chamber. The test chamber shall be a steel cabinet with
inside dimensions of 32.9 cm. (12\15/16\ in.) wide, 32.9 cm. (12\15/16\
in.) deep and 76.2 cm. (30 in.) high. It shall have a frame which
permits the suspension of the specimen holder over the center of the
base of the cabinet at such a height that the bottom of the specimen is
1.7 cm. (\3/4\ in.) above the highest point of the barrel of the gas
burner specified in paragraph (a)(3) of this section, Burner and
perpendicular to the front of the cabinet. The front of the cabinet
shall be a close-fitting door with a transparent insert to permit
observation of the entire test. The cabinet floor may be covered with a
piece of asbestos paper, whose length and width are approximately 2.5
cm. (1 in.) less than the cabinet floor dimensions. The cabinet to be
used in this test method is illustrated in Figure 1 and detailed in
Engineering Drawings, Numbers 1 through 7.
[GRAPHIC] [TIFF OMITTED] TC03OC91.089

[[Page 676]]

[GRAPHIC] [TIFF OMITTED] TC03OC91.090

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[GRAPHIC] [TIFF OMITTED] TC03OC91.091

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[GRAPHIC] [TIFF OMITTED] TC03OC91.092

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[GRAPHIC] [TIFF OMITTED] TC03OC91.094

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[GRAPHIC] [TIFF OMITTED] TC03OC91.095

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[GRAPHIC] [TIFF OMITTED] TC03OC91.096

(2) Specimen holder. The specimen holder to be used in this test
method is detailed in Engineering Drawing Number 7. It is designed to
permit suspension of the specimen in a fixed vertical position and to
prevent curling of the specimen when the flame is applied. The specimen
shall be fixed between the plates, which shall be held together with
side clamps.
(3) Burner. The burner shall be the same as that illustrated in
Figure 1 and detailed in Engineering Drawing Number 6. It shall have a
tube of 1.1 cm. (0.43 in.) inside diameter. The input line to the burner
shall be equipped

[[Page 683]]

with a needle valve. It shall have a variable orifice to adjust the
height of the flame. The barrel of the burner shall be at an angle of 25
degrees from the vertical. The burner may be equipped with an adjustable
stop collar so that it may be positioned quickly under the test
specimen. The burner shall be connected to the gas source by rubber or
other flexible tubing.
(4) Gas supply system. There shall be a pressure regulator to
furnish gas to the burner under a pressure of 103-259 mm. Hg. (2-5 lbs.
per sq. in.) at the burner inlet. (Caution. Precautionary laboratory
practices must be followed to prevent the leakage of methane. Methane is
a flammable gas which can be explosive when mixed with air and exposed
to a source of ignition, and can cause asphyxiation because of the lack
of air.)
(5) Gas. The gas shall be at least 97 percent pure methane.
(6) Hooks and weights. Metal hooks and weights shall be used to
produce a series of loads for char length determinations. Suitable metal
hooks consist of No. 19 gauge steel wire, or equivalent, made from 7.6
cm. (3 in.) lengths of the wire, bent 1.3 cm. (0.5 in.) from one end to
a 45-degree angle hook. The longer end of the wire is fastened around
the neck of the weight to be used and the other in the lower end of each
burned specimen to one side of the burned area. The requisite loads are
given in table 1.

Table 1--Original Fabric Weight \1\
------------------------------------------------------------------------
Loads
Grams per square meter Ounces per square yard -----------------
Grams Pounds
------------------------------------------------------------------------
Less than 101 Less than 3 54.4 0.12
101 to 207 3 to 6 113.4 .25
207 to 338 6 to 10 226.8 .50
Greater than 338 Greater than 10 340.2 .75
------------------------------------------------------------------------
\1\ Weight of the original fabric, containing no seams or trim, is
calculated from the weight of a specimen which has been conditioned
for at least 8 hr at 211.1 C (702 F) and
652 pct relative humidity. Shorter conditioning times may
be used if the change in weight of a specimen in successive weighings
made at intervals of not less than 2 hr does not exceed 0.2 pct of the
weight of the specimen.

(7) Stopwatch. A stopwatch or similar timing device shall be used to
measure time to 0.1 second.
(8) Scale. A linear scale graduated in mm. or 0.1-inch divisions
shall be used to measure char length.
(9) Circulating air oven. A forced circulation drying oven capable
of maintaining the specimen at 1052.8 deg.C.
(2215 deg.F.), shall be used to dry the specimen while
mounted in the specimen holders. \3\
---------------------------------------------------------------------------

\3\ Procedure 1(1.1.1) of ASTM D 2654-71 ``Standard Methods of Test
for moisture content and moisture regain of textile material,''
describes a satisfactory oven (1972 Book of ASTM Standards, part 24,
published by the American Society for Testing and Materials, 1916 Race
Street, Philadelphia, Pa. 19103).
---------------------------------------------------------------------------

(10) Desiccator. An air-tight and moisture-tight desiccating chamber
shall be used for cooling mounted specimens after drying. Anhydrous
silica gel with an indicator shall be used as the desiccant in the
desiccating chamber. Replace or reactivate the desiccant when it becomes
inactive.
(11) Hood. A hood or other suitable enclosure shall be used to
provide a draft-protected environment surrounding the test chamber
without restricting the availability of air. This enclosure shall have a
fan or other suitable means for exhausting smoke and/or toxic gases
produced by testing.
(12) Extinguishing plates. Extinguishing plates shall be used to
extinguish afterglow. The plates shall be metal, approximately 35.6 cm.
x 5.1 cm. (14 x 2 in.) which fit within the opening of the specimen
holder. The bottom plate shall be the thickness of the specimen holder
and the top plate shall be at least 0.32 cm. (\1/8\ in.) thick. A
suitable metal specimen mounting block may be used for the bottom plate.
(b) Mounting and conditioning of specimens. (1) The specimens shall
be placed in specimen holders so that the bottom edge of each specimen
is even with the bottom of the specimen holder. Mount the specimen in as
close to a flat configuration as possible. The sides of the specimen
holder shall cover 1.9 cm. (\3/4\ in.) of the specimen width along each
long edge of the specimen, and thus shall expose 5.1 cm. (2 in.) of the
specimen width. The sides of the specimen holder shall be clamped with a
sufficient number of clamps or shall be taped to prevent the specimen
from being displaced during handling and testing. The specimens may be
taped in the holders if the clamps fail to hold

[[Page 684]]

them. Place the mounted specimens in the drying oven in a manner that
will permit free circulation of air at 105 deg.C. (221 deg.F.) around
them for 30 minutes. \4\
---------------------------------------------------------------------------

\4\ If the specimens are moist when received, permit them to air dry
in laboratory conditions prior to placement in the oven. A satisfactory
preconditioning procedure may be found in ASTM D 1776-67, ``Conditioning
Textiles and Textile Products for Testing''. (1972 Book of ASTM
Standards, part 24, published by the American Society for Testing and
Materials, 1916 Race Street, Philadelphia Pennsylvania 19103.)
---------------------------------------------------------------------------

\5\ If more than 30 seconds elapse between removal of a specimen
from the desiccator and the initial flame impingement, that specimen
shall be reconditioned prior to testing.
---------------------------------------------------------------------------

(ii) When flaming has ceased, remove the specimen from the cabinet,
except for specimens which exhibit afterglow. If afterglow is evident,
the specimen shall be removed from the cabinet 1 minute after the burner
flame is impinged on the specimen if no flaming exists at that time.
Upon removal from the cabinet, the afterglow shall be promptly
extinguished. The afterglow shall be extinguished by placing the
specimen while still in the specimen holder on the bottom extinguishing
plate and immediately covering it with the top plate until all evidence
of afterglow has ceased. After removing the specimen from the cabinet
and, if appropriate, extinguishing afterglow, remove it from the holder
and place it on a flat clean surface. Fold the specimen lengthwise along
a line through the highest peak of the charred or melted area; crease
the specimen firmly by hand. Unfold the specimen and insert the hook
with the correct weight as shown in table 1 in the specimen on one side
of the charred area 6.4 mm. (\1/4\ in.) from the lower edge. Tear the
specimen by grasping the other lower corner of the fabric and gently
raising the specimen and weight clear of the supporting surface. \6\
Measure the char length as the distance from the end of the tear to the
original lower edge of the specimen exposed to the flame. After testing
each specimen, vent the hood and cabinet to remove the smoke and/or
toxic gases.
---------------------------------------------------------------------------

\6\ A figure showing how this is done is given in AATCC Test method
34-1969, ``Fire Resistance of Textile Fabrics,'' Technical Manual of the
American Association of Textile Chemists and Colorists, Vol. 46, 1970,
published by AATCC, P.O. Box 12215, Research Triangle Park, North
Carolina 27709.
---------------------------------------------------------------------------

(3) Report. Report the value of char length, in centimeters (or
inches), for each specimen, as well as the average char length for each
set of five specimens.
(4) Laundering. (i) The procedures described under Sec. Sec. 1616.4
Sampling and acceptance procedures, 1616.5(b) Conditioning and mounting
of specimens, and 1616.5(c) Testing shall be carried out on finished
items (as produced or after one washing and drying) and after they have
been washed and dried 50 times in accordance with sections 8.2.2, 8.2.3,
and 8.3.1(A) of AATCC Test Method 124-1996 ``Appearance of Fabrics after
Repeated Home Laundering,'' Technical Manual of the American Association
of Textile Chemists and Colorists, vol. 73, 1997, which is incorporated
by reference. Copies of this document are available from the American
Association of Textile Chemists and Colorists, P.O. Box 12215, Research
Triangle Park, North Carolina 27709. This document is also available for
inspection at the Office of the Federal Register, 800 North Capitol
Street, NW., Suite 700, Washington, DC. This

[[Page 685]]

incorporation by reference was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Items
which do not withstand 50 launderings shall be tested at the end of
their useful service life with prior approval of the Consumer Product
Safety Commission.
(ii) Washing shall be performed in accordance with sections 8.2.2
and 8.2.3 of AATCC Test Method 124-1996, using wash temperature V
(60 deg. 3 deg.C, 140 deg. 5 deg.F) 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 washer load shall be 3.64 Kg (8 pounds)
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 (66 deg.
5 deg.C, 150 deg. 10 deg.F) and cool down time
of 10 minutes specified in the ``Durable Press'' conditions of Table IV.
Alternatively, a different number of times under another washing and
drying procedure may be specified and used, if that procedure has
previously been found to be equivalent by the Consumer Product Safety
Commission. Such laundering is not required of items which are not
intended to be laundered, as determined by the Consumer Product Safety
Commission.
(iii) Items which are not susceptible to being laundered and are
labeled ``dry-clean only'' shall be dry-cleaned by a procedure which has
previously been found to be acceptable by the Consumer Product Safety
Commission.
(iv) For the purpose of the issuance of a guarantee under section 8
of the act, finished sleepwear garments to be tested according to
Sec. 1616.4(c) Garment sampling, need not be laundered or dry-cleaned
provided all fabrics used in making the garments (except trim) have been
guaranteed by the fabric producer to be acceptable when tested according
to Sec. 1616.4(b) Fabric sampling.

[40 FR 59917, Dec. 30, 1975; 41 FR 1061, Jan. 6, 1976, as amended at 46
FR 63252, Dec. 31, 1981; 64 FR 34538, June 28, 1999; 64 FR 61021, Nov.
9, 1999; 65 FR 12928, Mar. 10, 2000]

Sec. 1616.6 Labeling requirements.

(a) All items of children's sleepwear shall be labeled with
precautionary instructions to protect the items from agents or
treatments which are known to cause significant deterioration of their
flame resistance. If the item has been initially tested under
Sec. 1616.5(c)(4) Laundering, after one washing and drying, it shall be
labeled with instructions to wash before wearing. Such labels shall be
permanent and otherwise in accordance with rules and regulations
established by the Consumer Product Safety Commission.
(b) [Reserved]

[40 FR 59917, Dec. 30, 1975, as amended at 61 FR 1117, Jan. 16, 1996]

Subpart B--Rules and Regulations

Authority: Sec. 5, 67 Stat. 112-13, as amended 81 Stat. 571; 15
U.S.C. 1194.

Sec. 1616.31 Labeling, recordkeeping, retail display and guaranties.

(a) Definitions. For the purpose of this section, the following
definitions apply:
(1) Standard means the Standard for the Flammability of Children's
Sleepwear: Sizes 7 through 14 (FF 5-74) (subpart A of part 1616 of this
chapter) promulgated by the Consumer Product Safety Commission in the
Federal Register of May 1, 1974 (39 FR 15214), and amended in the
Federal Register of March 21, 1975 (40 FR 12811) (correction notice
published for technical reasons on March 27, 1975, 40 FR 13547).
(2) Children's sleepwear means ``children's sleepwear'' as defined
in Sec. 1616.2(a) of the Standard, that is, ``any product of wearing
apparel size 7 through 14, such as nightgowns, pajamas, or similar or
related items, such as robes, intended to be worn primarily for sleeping
or activities related to sleeping. Diapers and underwear are excluded
from this definition.''
(3) Item means ``item'' as defined in Sec. 1616.2(c) of the
Standard, that is, ``any product of children's sleepwear or any fabric
or related material intended or promoted for use in children's
sleepwear.''
(4) Market or handle means any one or more of the transactions set
forth in

[[Page 686]]

section 3 of the Flammable Fabrics Act (15 U.S.C. 1192).
(5) The definition of terms set forth in Sec. 1616.2 of the Standard
shall also apply to this section.
(b) Labeling. (1) Where any agent or treatment is known to cause
deterioration of flame resistance or otherwise causes an item to be less
flame resistant, such item shall be prominently, permanently,
conspicuously, and legibly labeled with precautionary care and treatment
instructions to protect the item from such agent or treatment; Provided:
(i) Where items required to be labeled in accordance with this
paragraph are marketed at retail in packages, and the required label is
not readily visible to the prospective purchaser, the packages must also
be prominently, conspicuously, and legibly labeled with the required
information, and
(ii) Where items are required to be labeled in accordance with this
paragraph, the precautionary care and treatment instructions may appear
on the reverse side of the permanent label if
(A) The precautionary care and treatment instructions are legible,
prominent and conspicuous, and
(B) The phrase ``Care Instructions On Reverse'' or the equivalent
appears permanently, prominently, conspicuously, and legibly on the side
of the permanent label that is visible to the prospective purchaser when
the item is marketed at retail, and
(C) The item which is so labeled is marketed at retail in such a
manner that the prospective purchaser is able to manipulate the label so
the entire text of the precautionary care and treatment instructions is
visible and legible; however, where the label cannot be manipulated so
the instructions are visible to the prospective purchaser and legible,
the package must also be prominently, conspicuously and legibly labeled
with the required precautionary care and treatment information or such
information must appear prominently, conspicuously and legibly on a hang
tag attached to the item.
(2) If the item has been initially tested under Sec. 1616.5(c)(4) of
the Standard after one washing and drying, it shall be prominently,
permanently, conspicuously and legibly labeled with instructions to wash
before wearing.
(3) Where any fabric or related material intended or promoted for
use in children's sleepwear subject to the Standard is sold or intended
for sale to the ultimate consumer for the purpose of conversion into
children's sleepwear, each bolt, roll, or other unit shall be labeled
with the information required by this section. Each item or fabric or
related material sold to an ultimate consumer must be accompanied by a
label, as prescribed by this section, which can by normal household
methods be permanently affixed by the ultimate consumer to any item of
children's sleepwear made from such fabric or related material.
(4)(i) Where items required to be labeled in accordance with
paragraphs (b)(2), and/or, (b)(3) of this section and fabrics required
to be labeled or stamped in accordance with paragraph (b)(7) of this
section are marketed at retail in packages, and the required label or
stamp is not readily visible to the prospective purchaser, the packages
must also be prominently, conspicuously, and legibly labeled with the
required information.
(ii) Where garments required to be labeled or stamped in accordance
with paragraph (b)(7) of this section are marketed at retail in
packages, and the required label or stamp is not readily visible to the
prospective purchaser:
(A) The packages must also be prominently, conspicuously, and
legibly labeled with the information required by paragraph (b)(7) of
this section; or
(B) There must be a garment style identification that is prominent,
conspicuous, and legible and readily visible to the prospective
purchaser, either on a label or hang tag attached to the garment design
or on the garment packages. A style is a garment design or grouping,
preselected by the manufacturer. A style may be composed of garments
that form all or part of one or more GPU's and the style may include any
number of garments the manufacturer chooses. Style identification means
any numbers, letters, or combination thereof that are sufficient to
identify the garments of the style and may include information such as

[[Page 687]]

color, season or size. If this option B is selected, in any recall of
noncomplying items from a particular GPU.
(1) The garment manufacturer must recall the entire style(s) from
all customers who purchased garments of the style(s) of which the GPU is
part. However, retailers may elect to return only garments from the
particular GPU necessitating the recall rather than the entire style(s)
or portions of style(s) being recalled; and
(2) Within 48 hours of a written request, the garment manufacturer
must supply to the Commission any samples in its possession of garments
from the GPU, as requested. As required of all persons subject to this
section, the garment manufacturer must also, within the time requested,
supply to the Commission the names of any customers who purchased during
a specified period of time, garments from the GPU (or the style(s) of
which the GPU is a part) and supply access to all records required under
the Standard and this section.
(5) Samples, swatches, or specimens used to promote or effect the
sale of items subject to the Standard shall be labeled in accordance
with this section with the information required by this section: Except
that such information may appear on accompanying promotional materials
attached to fabric samples, swatches or specimens used to promote the
sale of fabrics to garment manufacturers. This requirement shall not
apply, however, to samples, swatches, or specimens prominently,
permanently, conspicuously, truthfully and legibly labeled: ``Flammable,
Sample only. Not for use or resale. Does not meet Standard for the
Flammability of Children's Sleepwear; Sizes 7 through 14 (FF 5-74).''
(6) [Reserved]
(7) Every manufacturer, importer, or other person (such as a
converter) initially introducing items subject to the Standard into
commerce shall assign to each item a unit identification (number, letter
or date, or combination thereof) sufficient to identify and relate to
the fabric production unit or garment production unit of which the item
is a part. Such unit identification shall be designated in such a way as
to indicate that it is a production unit under the Standard. The letters
``GPU'' and ``FPU'' may be used to designate a garment production unit
identification and fabric production unit identification, respectively,
at the option of the labeler. In addition to the requirements prescribed
by this paragraph (b)(7), the requirements prescribed by paragraph
(b)(4) of this section must be met for items marketed at retail in
packages.
(i) Each garment subject to the Standard shall bear a label with
minimum dimension of 1.3 centimeters (0.5 inch) by 1.9 centimeters (0.75
inch) containing the appropriate garment production unit identification
for that garment in letters which are clear, conspicuous, and legible,
and in a color which contrasts with the background of the label, or
shall have such information stamped on the garment itself in letters
which are clear, conspicuous, and legible, and in a color which
contrasts with the background, and at least 2.54 centimeters (1 inch) in
every direction from any other information. The stamp or label
containing the garment production unit identification must be of such
construction, and affixed to the garment in such a manner, as to remain
on or attached to the garment, and legible and visible throughout its
intended period of use.
(ii) The fabric production unit identification shall appear in
letters at least 0.4 centimeter (one-sixth of an inch) in height against
a contrasting background on each label that relates to such fabric and
is required by the Textile Fiber Products Identification Act (15 U.S.C.
70-70k) and the regulations thereunder (16 CFR 303.1 through 303.45) or
by the Wool Products Labeling Act of 1939 (15 U.S.C. 68-68j) and the
regulations thereunder (16 CFR 300.1 through 300.35). When the
information required by the Textile Fiber Products Identification Act or
by the Wool Products Labeling Act of 1939 appears on an invoice used in
lieu of labeling, the fabric production unit identification required by
this section may be placed clearly, conspicuously, and legibly on the
same invoice in lieu of labeling.
(8) All items complying with the Standard and manufactured on or
after May 1, 1975, through May 1, 1978, shall

[[Page 688]]

bear a label which states ``Flame-resistant. U.S. Standard FF 5-74.''
The label must be prominent, conspicuous, and legible and readily
visible at the point of sale to ultimate consumers. The label statement
may be attached to the item itself, on a hang tag attached to the item,
or on a package enclosing the item. The label need not be affixed
permanently. The letters of the label must be at least 0.4 centimeter
(one-sixth of an inch) in height and in a color which contrasts with the
background of the label.
(c) [Reserved]
(d) Records--manufacturers, importers, or other persons initially
introducing items into commerce--(1) General. Every manufacturer,
importer, or other person (such as a converter) initially introducing
into commerce items subject to the Standard, irrespective of whether
guaranties are issued under paragraph (e) of this section, shall
maintain written and physical records as hereinafter specified. The
records required must establish a line of continuity through the process
of manufacture of each production unit of articles of children's
sleepwear, or fabrics or related materials intended or promoted for use
in children's sleepwear, to the sale and delivery of the finished items
and from the specific finished item to the manufacturing records. Such
records shall show with respect to such items:
(i) Details, description and identification of any and all sampling
plans engaged in pursuant to the requirements of the Standard. Such
records must be sufficient to demonstrate compliance with such sampling
plan(s) and must relate the sampling plan(s) to the actual items
produced, marketed, or handled. This requirement is not limited by other
provisions of this paragraph (d).
(ii) Garment production units or fabric production units of all
garments or fabrics marketed or handled. The records must relate to an
appropriate production unit identification on or affixed to the item
itself in accordance with paragraph (b)(7) of this section, and the
production unit identification must relate to the garment production
unit or fabric production unit.
(iii) Test results and details of all tests performed, both
prototype and production, including char lengths of each specimen
tested, average char lengths of the samples required to be tested,
details of the sampling procedure employed, name and signature of person
conducting tests, date of tests, and all other records necessary to
demonstrate compliance with the test procedures and sampling plan
specified by the Standard or authorized alternate sampling plan.
(iv) Disposition of all failing or rejected items. Such records must
demonstrate that the items were retested or reworked and retested in
accordance with the Standard prior to sale or distribution and that such
retested or reworked and retested items comply with the Standard, or
otherwise show the disposition of such items.
(v) Fiber content and manufacturing specifications relating the same
to prototype and production testing and to the production units to which
applicable.
(vi) Data and test results relied on as a basis for inclusion of
different colors or different print patterns of the same fabric as a
single fabric or garment production unit under Sec. 1616.4(a)(2) of the
Standard.
(vii) Data and test results relied on as a basis for reduced
laundering of fabric or garments during test procedures under
Sec. 1616.5(c)(4) of the Standard and any quantities issued or received
relating to laundering as well as details of the laundering procedure
utilized.
(viii) Identification, composition, and details of application of
any flame retardant treatments employed. All prototype and production
records shall relate to such information.
(ix) Date and quantity of each sale or delivery of items subject to
the Standard (except the date of sale to an ultimate consumer) and the
name and address of the purchaser or recipient (except an ultimate
consumer). The items involved in each sale or delivery shall be
identified by production unit or by style. A style is a garment design
or grouping, preselected by the manufacturer. A style may be composed of
garments that form all or part of one or more garment production units
and the style may include any number of garments the manufacturer
chooses. If a person subject to the requirements of

[[Page 689]]

paragraph (d) of this section maintains sales records which identify the
items sold or delivered by style, and if recall of one or more
production units subject to the Standard is required, that person in
recalling such production units shall notify all purchasers of items of
the style in which such production unit or units were manufactured.
Retailers may elect to return all items of the style involved, or all
items of the production units subject to recall.
(2) Fabrics. In addition to the information specified in paragraph
(d)(1) of this section, the written and physical records maintained with
respect to each fabric production unit shall include (i) finished fabric
samples sufficient to repeat the fabric sampling procedure required by
Sec. 1616.4 of the Standard for each production unit marketed or
handled; and (ii) records to relate the samples to the actual fabric
production unit. Upon written request of any duly authorized employee or
agent of the Commission, samples sufficient for the sampling and testing
of any production unit in accordance with the Standard shall be
furnished from these records within the time specified in the written
request.
(3) Garments--prototype testing. In addition to the records
specified in paragraph (d)(1) of this section, the following written and
physical records shall be maintained with respect to the garment
prototype testing required by the Standard:
(i) Specification, fiber content, and details of construction on all
seams, fabrics, threads, stitches, and trims used in each garment style
or type upon which prototype testing was performed, relating the same to
such garment style or type and to all production units to which such
prototype testing is applicable.
(ii) Samples sufficient to repeat the prototype tests required by
Sec. 1616.4 of the Standard for all fabrics, seams, threads, stitches,
and trims used in such prototype testing, relating such samples to the
records, required by this paragraph (d), including the information
required by paragraph (d)(3)(i) of this section. Upon written request of
any duly authorized employee or agent of the Commission, samples
sufficient for the testing of any prototype specimens identical to those
specimens that were actually tested pursuant to the Standard shall be
furnished from these records within the time specified in that written
request.
(iii) A complete untested garment from each style or type of garment
marketed or handled.
(iv) Remains of all physical specimens tested in accordance with the
prototype testing required by Sec. 1616.4 of the Standard, relating such
samples to the records required by this paragraph (d), including
information required by paragraph (d)(3)(i) of this section.
(4) Garments--production testing. In addition to the records
required by paragraph (d)(1) of this section, written and physical
records shall be maintained and shall show with respect to each garment
production unit:
(i) Source and fabric production unit identification of all fabrics
subject to testing used in each garment production unit.
(ii) Identification and appropriate reference to all prototype
records and prototype tests applicable to each production unit.
(iii) Any guaranty relied upon to demonstrate that the fabric
utilized in such garments meets the laundering requirements of the
Standard.
(iv) Data sufficient to show that tested samples were selected from
the production unit at random from regular production.
(v) Written data that will enable the Commission to obtain and test
garments under any applicable compliance market sampling plan.
(5) Record retention requirements. The records required by this
paragraph (d) shall be maintained for 3 years, except that records
relating to prototype testing shall be maintained for as long as they
are relied upon as demonstrating compliance with the prototype testing
requirements of the Standard and shall be retained for 3 years
thereafter.
(e) Tests for guaranty purposes. Reasonable and representative tests
for the purpose of issuing a guaranty under section 8 of the Flammable
Fabrics Act (15 U.S.C. 1197) for items subject to the Standard shall be
those tests performed pursuant to any sampling plan or authorized
alternative sampling

[[Page 690]]

plan engaged in pursuant to the requirements of the Standard.
(f) Compliance with this section. No person subject to the Flammable
Fabrics Act shall manufacture, import, distribute, or otherwise market
or handle any item subject to the Standard, including samples, swatches,
or specimens used to promote or effect the sale thereof, which is not in
compliance with this section.

[40 FR 59917, Dec. 30, 1975, as amended at 49 FR 3064, Jan. 24, 1984; 61
FR 1117, Jan. 16, 1996]

Sec. 1616.32 Method for establishment and use of alternate laundering procedures under section 5(c)(4)(ii) of the standard.

(a) Scope. (1) Section 1616.5(c)(4)(ii) of the Standard for the
Flammability of Children's Sleepwear in sizes 7-14 (16 CFR
1616.5(c)(4)(ii)) requires that all fabrics and certain garments subject
to the standard be tested for flammability as produced (or after one
washing and drying) and after the items have been washed and dried 50
times in machines, using the procedure specified in AATCC Test Method
124-1996.\7\ This section also provides that items may be laundered a
different number of times under another washing and drying procedure if
the Commission finds that such an alternate laundering procedure is
equivalent to the procedure specified in the standard.
---------------------------------------------------------------------------

\7\ AATCC Test Method 124-1996 ``Appearance of Fabrics after
Repeated Home Laundering,'' Technical Manual of the American Association
of Textile Chemists and Colorists, Vol. 73, 1997, which is incorporated
by reference. Copies of this document are available from the American
Association of Textile Chemists and Colorists, P.O. Box 12215, Research
Triangle Park, North Carolina 27709. This document is also available for
inspection at the Office of the Federal Register, 800 North Capitol
Street, NW., Suite 700, Washington, DC. This incorporation by reference
was approved by the Director of the Federal Register in accordance with
5 U.S.C. 552(a) and 1 CFR part 51.
---------------------------------------------------------------------------

(2) This rule provides the procedures to be followed by persons
seeking Commission approval for alternate laundering procedures. It also
provides the criteria the Commission will use in evaluating the
applications.
(3) The alternate laundering procedures provided for in this section
apply only to procedures under section 5(c)(4)(ii) of the standard and
shall not be used for determining whether different colors or different
print patterns of the same fabric may be included in a single fabric or
garment production unit.
(4) As used in this section, fabric means fabric or related material
promoted or intended for use in children's sleepwear made to identical
specifications and containing the same identity while in production.
(b) Application procedure. (1) Applicants seeking approval for use
of an alternate laundering procedure under Sec. 1616.5(c)(4)(ii) of the
standard must submit the following information in writing to the
Assistant Executive Director for Compliance, Consumer Product Safety
Commission, Washington, DC 20207:
(i) A detailed description of the proposed alternate laundering
procedure, and a 6 in. by 6 in. swatch of the fabric or garment for
which the procedure is proposed,
(ii) Upon request of the Commission staff, any other information
concerning the procedure and/or any machine used in connection with it,
(iii) With regard to each fabric or garment for which an alternate
laundering procedure is sought, test data comparing twenty test
specimens washed and dried by the proposed alternate laundering
procedure and twenty specimens tested in accordance with the 50-wash and
dry cycle procedure required in section 5(c)(4)(ii) of the standard.
(For purposes of applications, similar fabrics or garments of different
finishes shall be considered as different fabrics or garments and
therefore separate test results must be submitted). Each group of twenty
specimens upon which these data are based must be cut for testing, half
in the machine direction and half in the cross machine direction. Where
the applicant manufactures the fabric or garments in more than one
plant, the data described in this paragraph must be submitted separately
for the fabric or garments of

[[Page 691]]

each plant for which the proposed alternate laundering procedure is
intended to be used. Subsequent applications for use of the same
procedure for additional fabrics and garments may incorporate portions
of the original application by reference, as appropriate.
(2) Applications shall be certified by the chief executive officer
of the applicant or the official to whom the duty to certify has been
delegated in writing. The Commission's Assistant Executive Director for
Compliance must be notified in writing of any such delegation.
(c) Use of alternate laundering procedure. (1) The applicant may
begin to use the alternate laundering procedure 30 days after the
application is received by the Assistant Executive Director for
Compliance unless notified to the contrary. The Assistant Executive
Director for Compliance will normally furnish an applicant with written
notice of approval within 30 days. The applicant may be notified that a
longer time is needed for evaluation of the application, and in the
discretion of the Assistant Executive Director for Compliance, may be
authorized to use the alternate laundering procedure pending the final
decision.The notice of approval shall be kept by the applicant with
other written records required to be maintained in connection with the
use of an alternate laundering procedure. So that the applicants may
ascertain that the application has been received when the 30-day period
has elapsed, it is suggested that applications be sent by certified
mail, return receipt requested.
(2) As provided in detail in Sec. 1616.32(e), applicants must
immediately discontinue use of an alternate procedure, and must
immediately notify the Assistant Executive Director for Compliance if
there are test failures during revalidation testing.
(d) Revalidation testing. (1) In order to assure a continued
satisfactory correlation between the alternate laundering procedure and
the laundering procedure of the standard, applicants shall perform all
the testing described in paragraph (b)(1)(iii) of this section for
fabrics or garments from current production at least once for every
three-month period during which any of the fabric or garments are
produced.
(2) If following initial approval, four successive comparisons of
the alternate and the 50-cycle methods as described in paragraph (d)(1)
of this section consistently show acceptable results under the criteria
specified by paragraph (f) of this section, the Commission will deem
such comparisons to be sufficient demonstration of the equivalence of
the alternate laundering procedure with the 50 launderings required in
the standard and further revalidation testing will not be required.
(3) Records of revalidation testing need not be submitted to the
Assistant Executive Director for Compliance. However such records must
be maintained in accordance with paragraph (h) of this section.
(e) Revalidation testing failures. (1) If revalidation testing for
any fabric or garment does not meet the criteria of Sec. 1616.32(f), the
applicant must immediately discontinue use of the alternate laundering
procedure for the fabric or garment and must immediately notify the
Assistant Executive Director for Compliance in writing of the failure to
meet the criteria. Also the testing from the production unit from which
the non-correlating samples were taken and the testing from subsequent
production units (if any) must be repeated immediately using the
laundering procedure prescribed in the standard. These repeat tests
shall then be the tests applicable to such production unit(s) and those
tests previously performed on the production unit(s) shall be considered
invalid.
(2) When use of an alternate laundering procedure for a particular
fabric or garment has been discontinued because of a failure to meet the
criteria of Sec. 1616.32(f), the alternate laundering procedure shall
not be used again unless a new application for approval is submitted to
the Assistant Executive Director for Compliance and that officer
approves the application in writing. In addition to the other
information required for applications, the additional application should
give facts or

[[Page 692]]

reasons showing why the applicant believes the procedure should be
considered reliable with the fabric or garments involved, in view of the
previous failure.
(f) Commission criteria for evaluating applications. (1) The
Assistant Executive Director for Compliance will approve the alternate
laundering procedure as equivalent to the laundering procedure specified
in Sec. 1616.5(c)(4)(ii) of the standard if testing from 20 specimens
laundered by the proposed alternate procedure yields as many or more
char lengths in excess of five inches as does testing from the twenty
specimens laundered by the 50-laundering cycle method prescribed in the
standard.
(2) If the alternate laundering procedure yields fewer char lengths
in excess of five inches than does the 50-wash and dry cycle, then the
Assistant Executive Director for Compliance will not consider the
alternate procedure to be equivalent, with the following exception: If
the number of five-inch chars from the alternate procedure is within one
of the number of five-inch chars obtained from the 50-cycle procedure,
the applicant may repeat the original test with new specimens and if the
combined results of both tests show the count of chars exceeding five
inches from the alternate is equal to, or greater than, the count from
the 50-wash cycle procedure, the Assistant Executive Director for
Compliance will approve the alternate laundering procedure.
(g) Commission testing for compliance. (1) For the purpose of
determining compliance with the standard, the Commission will rely on
testing employing the laundering procedure now prescribed by
Sec. 1616.5(c)(4)(ii) of the standard. (15 U.S.C. 1193, 1194; 15 U.S.C.
2079(b)).
(2) The Commission may verify equivalency of any procedure submitted
by independent testing and evaluation, by or on behalf of the
Commission.
(h) Recordkeeping. The applicant must maintain a record of all
applications filed with the Commission and of all equivalency tests for
as long as the procedures to which they relate are in use and for three
years thereafter.

[42 FR 55892, Oct. 20, 1977, as amended at 65 FR 12928, Mar. 10, 2000]

Sec. 1616.35 Use of alternate apparatus, procedures, or criteria for testing under the standard.

(a) The Standard for the Flammability of Children's Sleepwear: Sizes
7 through 14 (the Standard) requires every manufacturer, importer, and
other person (such as a converter) initially introducing items subject
to the Standard into commerce to group items into production units, and
to test samples from each production unit. See 16 CFR 1616.4. The
Standard prescribes an apparatus and procedure for performing tests of
fabric and garments subject to its provisions. See 16 CFR 1616.5. The
Standard prescribes pass/fail criteria at 16 CFR 1616.3(b).
(b) Section 1616.5(a) states that alternate test apparatus may be
used by persons or firms required to perform testing under the Standard
``only with prior approval'' of the Commission.
(c)(1) By issuance of this Sec. 1616.35, the Commission gives its
approval to any person or firm desiring to use test apparatus or
procedures other than those prescribed by the Standard for purposes of
compliance with the Standard, if that person or firm has data or other
information to demonstrate that a test utilizing such alternate
apparatus or procedure is as stringent as, or more stringent than, a
test utilizing the apparatus and procedure specified in the Standard.
The Commission considers a test utilizing alternate apparatus or
procedures to be ``as stringent as, or more stringent than'' a test
utilizing the apparatus and procedures specified in the standard, if
when testing identical specimens, a test utilizing alternative apparatus
or procedures yields failing results as often as, or more often than, a
test utilizing the apparatus and procedures specified in the standard.
(2) The data or information required by this paragraph (c) of this
section as a condition to the Commission's approval of the use of
alternate test apparatus or procedures must be in the possession of the
person or firm desiring

[[Page 693]]

to use such alternate apparatus or procedures before the alternate
apparatus or procedures may be used for purposes of compliance with the
standard.
(3) The information required by this paragraph (c) of this section
must be retained by the person or firm using the alternate test
apparatus or procedures for as long as that apparatus or procedure is
used for purposes of compliance with the standard, and for a period of
one year there after.
(d) Written application to the Commission is not required for
approval of alternate test apparatus or procedures, and the Commission
will not act on any individual written application for approval of
alternate test apparatus or procedures.
(e) Use of any alternate test apparatus or procedures without the
data or information required by paragraph (c), of this section, may
result in violation of the Standard and section 3 of the Flammable
Fabrics Act (15 U.S.C. 1192).
(f) The Commission will test fabrics and garments subject to the
standard for compliance with the requirements of the standard using the
apparatus and procedures set forth in the standard. The Commission will
consider any failing results from compliance testing as evidence of a
violation of the standard and section 3 of the Flammable Fabrics Act (15
U.S.C. 1192).

(Reporting requirements contained in paragraph (c) were approved by the
Office of Management and Budget under control number 3041-0027)

(Sec. 5, Pub. L. 90-189, 81 Stat. 569, 15 U.S.C. 1194; Sec. 30(b), Pub.
L. 92-573, 86 Stat. 1231, 15 U.S.C. 2079(b))

[48 FR 21316, May 12, 1983]

Sec. 1616.36 Use of alternate apparatus or procedures for tests for guaranty purposes.

(Sec. 5, Pub. L. 90-189, 81 Stat. 569, 15 U.S.C. 1194; Sec. 30(b), Pub.
L. 92-573, 86 Stat. 1231, 15 U.S.C. 2079(b))

[48 FR 21316, May 12, 1983]

Subpart C--Interpretations and Policies

Authority: Secs. 1-17, 67 Stat. 111-15, as amended, 81 Stat. 568-74;
15 U.S.C. 1191-1204.

[[Page 694]]

Sec. 1616.61 Enforcement policy.

(a) It is the policy of the Consumer Product Safety Commission that
all items of children's sleepwear in sizes 7 through 14 (including
garments and fabric or related material intended or promoted for use in
such children's sleepwear) are subject to the Standard FF 5-74 (subpart
A of this part) unless the manufacturing process has ended before May 1,
1975. The manufacturing process is deemed to end, for the purposes of
the Standard, at the time the item is completely assembled, all
functional materials have been affixed, and labeling of a permanent
nature has been stamped, sewn, or otherwise permanently affixed to the
item. Affixing of temporary price or promotional information or the
packaging of items of sleepwear (including garments and fabrics or
related material intended or promoted for use in such sleepwear) does
not affect the date on which the manufacturing process is deemed to end.
(b) All items of children's sleepwear in sizes 7 through 14
(including garments and fabric or related material intended or promoted
for use in such children's sleepwear) which are in inventory or with the
trade on the effective date of Standard FF 5-74 are exempt from the
requirements of the Standard. For domestically-made items of children's
sleepwear in sizes 7 through 14 to be considered ``in inventory or with
the trade'' on the effective date of the Standard, the manufacturing
process must have ended prior to May 1, 1975. For foreign-made items of
children's sleepwear in sizes 7 through 14 to be considered ``in
inventory or with the trade'' on the effective date of the Standard, the
manufacturing process must have ended and the goods must have been
entered into the United States before May 1, 1975.

Sec. 1616.62 Policy regarding retail display requirements for items.

For purposes of the retail display and identification requirements
of Sec. 1616.31(c), and for those purposes only, any item which was
manufactured before May 1, 1975, and for which a retailer has
documentary evidence of compliance with all sampling and testing
requirements of the Standard (FF 5-74) (subpart A of this part), will be
deemed to be a complying item notwithstanding the absence of an
affirmative label to indicate compliance with the Standard as required
by Sec. 1616.6(b) of the Standard and Sec. 1616.31(b)(8), or the absence
of a garment production unit identification or style identification
which meets all requirements of Sec. 1616.31(b) (4) and (7), provided
that such an item complies with all other labeling requirements of
Sec. 1616.31(b).

Sec. 1616.63 Policy regarding garment production unit identification.

No provision of 16 CFR 1616.31(b)(7) prohibits placement of a
garment production unit identification on a label containing other
information. Provided, however, that when the garment production unit
identification appears on a label containing other information,
provisions of Sec. 1616.31(b)(6) require that the garment production
unit identification must be set forth separately from any other
information appearing on the same label, and that information not
required by the applicable enforcement regulation (Sec. 1616.31), but
placed on the same label with the garment production unit
identification, shall not interfere with the garment production unit
identification.

Sec. 1616.64 Policy regarding recordkeeping requirements.

No provision of the Standard for the Flammability of Children's
Sleepwear: Sizes 7 through 14 (FF 5-74) (subpart A of this part) or of
the enforcement regulations at Sec. 1616.31 prohibits the utilization of
fabric which was manufactured before May 1, 1975, and which was not
manufactured in production units, in the manufacture of children's
sleepwear garments which are subject to the Standard. When such fabric
is utilized in the manufacture of such garments, the inability of the
garment manufacturer to record the fabric production unit identification
of such fabric does not constitute a violation of Sec. 1616.31(d)(4)(i).

Sec. 1616.65 Policy scope of the standard.

(a) The Standard for the Flammability of Children's Sleepwear: Sizes
7

[[Page 695]]

through 14 (16 CFR part 1616) is applicable to any item of children's
sleepwear in sizes 7 through 14.
(1) The term item is defined in the Standard at Sec. 1616.2(c) to
mean ``any product of children's sleepwear or any fabric or related
material intended or promoted for use in children's sleepwear.''
(2) The term children's sleepwear is defined in the Standard at
Sec. 1616.2(a) to mean ``any product of wearing apparel size 7 through
14, such as nightgowns, pajamas, or similar or related items, such as
robes, intended to be worn primarily for sleeping or activities related
to sleeping. Underwear and diapers are excluded from this definition.''
(b) The Commission makes the following statement of policy regarding
(1) the phrase ``intended or promoted'' as used in the definition of
``item'' in Sec. 1616.2(c), and (2) the phrase ``intended to be worn
primarily for sleeping or activities related to sleeping'' as used in
the definition of ``children's sleepwear'' in Sec. 1616.2(a).
(c) For enforcement purposes, the meaning of these phrases will be
interpreted by the Commission in accordance with the following
principles:
(1) Sleepwear fabrics and related materials. Whether fabric or
related material is ``intended or promoted'' for use in children's
sleepwear depends on the facts and circumstances in each case. Relevant
factors include:
(i) The nature of the fabric and its suitability for use in
children's sleepwear.
(ii) The extent to which the fabric or a comparable fabric has been
sold to manufacturers of children's sleepwear for use in the manufacture
of children's sleepwear garments; and
(iii) The likelihood that the fabric will be used primarily for
children's sleepwear in a substantial number of cases.
(2) Sleepwear garments. Whether a product of wearing apparel is
``intended to be worn primarily for sleeping or activities related to
sleeping'' depends on the facts and circumstances present in each case.
Relevant factors include:
(i) The nature of the product and its suitability for use by
children for sleeping or activities related to sleeping;
(ii) The manner in which the product is distributed and promoted;
and
(iii) The likelihood that the product will be used by children
primarily for sleeping or activities related to sleeping in a
substantial number of cases.
(3) The factors set forth in this policy statement are guidelines
only, and are not elements of the definition of the term ``children's
sleepwear'' in Sec. 1616.2(a) of the Standard. For this reason, a
particular fabric or garment may meet the definition of ``children's
sleepwear'' set forth in the Standard, even though all factors listed in
this policy statement are not present.
(d) Retailers, distributors, and wholesalers, as well as
manufacturers, importers, and other persons (such as converters)
introducing a fabric or garment into commerce which does not meet the
requirements of the flammability standards for children's sleepwear,
have an obligation not to promote or sell such fabric or garment for use
as an item of children's sleepwear. Also, retailers, distributors, and
wholesalers are advised not to advertise, promote, or sell as an item of
children's sleepwear any item which a manufacturer, importer, or other
person (such as a converter) introducing the item into commerce has
indicated by label, invoice, or, otherwise, does not meet the
requirements of the children's sleepwear flammability standards and is
not intended or suitable for use as sleepwear. ``Tight-fitting''
garments as defined by Sec. 1616.2(m) are exempt from the standard which
requires flame resistance. They may be marketed as sleepwear for
purposes of this section. Additionally, retailers are advised:
(1) To segregate, by placement in different parts of a department or
store, fabrics and garments covered by the children's sleepwear
standards from all fabrics and garments that are beyond the scope of the
children's sleepwear standards but which resemble items of children's
sleepwear.
(2) To utilize store display sign indicating the distinction between
types of fabrics and garments, for example by indicating which are
sleepwear items and which are not; and
(3) To avoid the advertisement or promotion of a fabric or garment
that

[[Page 696]]

does not comply with the children's sleepwear flammability standards in
a manner that may cause the item to be viewed by the consumer as an item
of children's sleepwear.

(Sec. 5 Pub. L. 90-189, 81 Stat. 569, 15 U.S.C. 1194; Sec. 30(b), Pub.
L. 92-573, 86 Stat. 1231. 15 U.S.C. 2079(b); 5 U.S.C. 553)

[49 FR 10251, Mar. 20, 1984, as amended at 64 FR 2833, Jan. 19, 1999]

PART 1630--STANDARD FOR THE SURFACE FLAMMABILITY OF CARPETS AND RUGS (FF 1-70)--Table of Contents

Subpart A--The Standard

Sec.
1630.1 Definitions.
1630.2 Scope and application.
1630.3 General requirements.
1630.4 Test procedure.
1630.5 Labeling.

Subpart B--Rules and Regulations

1630.31 Reasonable and representative tests and recordkeeping
requirements.
1630.32 Carpets and rugs with fire-retardant treatment.

Subpart C--Washing Procedures

1630.61 Hide carpets and rugs--alternative washing procedure.
1630.62 Wool flokati carpets and rugs--alternative washing procedure.
1630.63 Suspension of washing requirements for carpets and rugs with
alumina trihydrate in the backing.

Subpart D--Interpretations and Policies

1630.81 Policy on recall of noncomplying carpets and rugs.

Source: 40 FR 59931, Dec. 30, 1975, unless otherwise noted.

Subpart A--The Standard

Authority: Sec. 4, 67 Stat. 112, as amended, 81 Stat. 569-70; 15
U.S.C. 1193.

Sec. 1630.1 Definitions.

In addition to the definitions given in section 2 of the Flammable
Fabrics Act, as amended (Sec. 1, 81 Stat. 568; 15 U.S.C. 1191), and the
procedures under that act for setting standards (part 1607 of this
chapter), the following definitions apply for the purposes of this
Standard:
(a) Acceptance Criterion means that at least seven out of eight
individual specimens of a given carpet or rug shall meet the test
criterion as defined in this Standard.
(b) Test Criterion means the basis for judging whether or not a
single specimen of carpet or rug has passed the test, i.e., the charred
portion of a tested specimen shall not extend to within 2.54 cm. (1.0
in.) of the edge of the hole in the flattening frame at any point.
(c) Carpet means any type of finished product made in whole or in
part of fabric or related material and intended for use or which may
reasonably be expected to be used as a floor covering which is exposed
to traffic in homes, offices, or other places of assembly or
accommodation, and which may or may not be fastened to the floor by
mechanical means such as nails, tacks, barbs, staples, adhesives, and
which has one dimension greater than 1.83 m. (6 ft.) and a surface area
greater than 2.23 m.\2\ (24 sq. ft.). Products such as ``carpet
squares'', with one dimension less than 1.83 m. (6 ft.) and a surface
area less than 2.23 m.\2\ (24 sq. ft.), but intended to be assembled
upon installation into assemblies which may have one dimension greater
than 1.83 m. (6 ft.) and a surface area greater than 2.23 m.\2\ (24 sq.
ft.), are included in this definition. Mats, hides with natural or
synthetic fibers, and other similar products in the above, defined
dimensions are included in this definition, but resilient floor
coverings such as linoleum, asphalt tile and vinyl tile are not.
(d) Rug means the same as carpet and shall be accepted as
interchangeable with carpet.
(e) Traffic Surface means a surface of a carpet or rug which is
intended to be walked upon.
(f) Timed Burning Tablet (pill) means the methenamine tablet,
weighing approximately 0.149 gram (2.30 grains), sold as Product No.
1588 in Catalog No. 79, December 1, 1969, by the Eli Lilly Company of
Indianapolis, Ind. 46206, or an equal tablet.
(g) Fire-Retardant Treatment means any process to which a carpet or
rug has been exposed which significantly

[[Page 697]]

decreases the flammability of that carpet or rug and enables it to meet
the acceptance criterion of this Standard.

Sec. 1630.2 Scope and application.

(a) This Standard provides a test method to determine the surface
flammability of carpets and rugs when exposed to a standard small source
of ignition under carefully prescribed draft-protected conditions. It is
applicable to all types of carpets and rugs used as floor covering
materials regardless of their method of fabrication or whether they are
made of natural or synthetic fibers or films, or combinations of or
substitutes for these.
(b) One of a kind, carpet or rug, such as an antique, an Oriental,
or a hide, may be excluded from testing under this Standard pursuant to
conditions established by the Consumer Product Safety Commission.

Sec. 1630.3 General requirements.

(a) Summary of test method. This method involves the exposure of
each of eight conditioned, replicate specimens of a given carpet or rug
to a standard igniting source in a draft-protected environment, and
measurement of the proximity of the charred portion to the edge of the
hole in the prescribed flattening frame.
(b) Test criterion. A specimen passes the test if the charred
portion does not extend to within 2.54 cm. (1.0 in.) of the edge of the
hole in the flattening frame at any point.
(c) Acceptance criterion. At least seven of the eight specimens
shall meet the test criterion in order to conform with this Standard.

Sec. 1630.4 Test procedure.

(a) Apparatus--(1) Test chamber. The test chamber shall consist of
an open top hollow cube made of noncombustible material \1\ with inside
dimensions 30.48 x 40.48 x 30.48 cm. (12 x 12 x 12 in.) and a minimum of
6.35 (\1/4\ in.) wall thickness. The flat bottom of the box shall be
made of the same material as the sides and shall be easily removable.
The sides shall be fastened together with screws or brackets and taped
to prevent air leakage into the box during use.
---------------------------------------------------------------------------

\1\ 6.35 mm (\1/4\ in.) cement asbestos board is a suitable
material.
---------------------------------------------------------------------------

Note: A minimum of two chambers and two extra bottoms is suggested
for efficient operation.

(2) Flattening frame. A steel plate, 22.86 x 22.86 cm. (9 x 9 in.),
6.35 mm. (\1/4\ in.) thick with a 20.32 cm. (8 in.) diameter hole in its
center is required to hold the carpet or rug flat during the course of
the test. It is recommended that one be provided for each test chamber.
(3) Standard igniting source. No. 1588 methenamine timed burning
tablet or an equal tablet. These tablets shall be stored in a desiccator
over a desiccant for 24 hours prior to use. (Small quantities of
absorbed water may cause the tablets to fracture when first ignited. If
a major fracture occurs, any results from that test shall be ignored,
and it shall be repeated.)
(4) Test specimens. Each test specimen shall be a 22.86 x 22.86 cm.
(9 x 9 in.) section of the carpet or rug to be tested. Eight specimens
are required.
(5) Circulating air oven. A forced circulation drying oven capable
of removing the moisture from the specimens when maintained at 105
deg.C. (221 deg.F.) for 2 hours. \2\
---------------------------------------------------------------------------

\2\ Option 1 of ASTM D 2654-67T, ``Methods of Test for Amount of
Moisture in Textile Materials,'' describes a satisfactory oven. (``1969
Book of ASTM Standards,'' part 24, published by the American Society for
Testing and Materials, 1916 Race Street, Philadelphia, Pa. 19103.)
---------------------------------------------------------------------------

[[Page 698]]

(9) Mirror. A small mirror mounted above each test chamber at an
angle to permit observation of the specimen from outside of the hood.
(10) Vacuum cleaner. A vacuum cleaner to remove all loose material
from each specimen prior to conditioning. All surfaces of the vacuum
cleaner contacting the specimen shall be flat and smooth.
(b) Sampling--(1)(i) Selection of samples. Select a sample of the
material representative of the lot and large enough to permit cutting
eight test specimens 22.86 x 22.86 cm. (9 x 9 in.), free from creases,
fold marks, delaminations, or other distortions. The test specimens
should contain the most flammable parts of the traffic surface at their
centers. The most flammable area may be determined on the basis of
experience or through pretesting.
(ii) If the carpet or rug has had a fire-retardant treatment, or is
made of fibers which have had a fire-retardant treatment, the selected
sample or over-sized specimens thereof shall be washed, prior to cutting
of test specimens after they have been washed and dried either 10 times
in accordance with sections 8.2.2, 8.2.3, and 8.3.1(A) of AATCC Test
Method 124-1996 ``Appearance of Fabrics after Repeated Home
Laundering,'' using wash temperature V (60 deg. 3 deg.C,
140 deg. 5 deg.F) 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, and drying
shall be performed in accordance with section 8.3.1(A) of that test
method, Tumble Dry, maximum load 3.64 Kg (8 pounds), using the exhaust
temperature (66 deg. 5 deg.C, 150 deg. 10
deg.F) and cool down time of 10 minutes specified in the ``Durable
Press'' conditions of Table IV; or such number of times by another
washing and drying procedure which the Consumer Product Safety
Commission has determined to be equivalent of AATCC Test Method 124-
1996. Alternatively, the selected sample or oversized specimens thereof
may be washed, drycleaned, or shampooed 10 times, prior to cutting of
test specimens, in such manner as the manufacturer or other interested
party shall previously have established to the satisfaction of the
Consumer Product Safety Commission is normally used for that type of
carpet or rug in service.
(iii) AATCC Test Method 124-1996 ``Appearance of Fabrics after
Repeated Home Laundering,'' is found in Technical Manual of the American
Association of Textile Chemists and Colorists, vol. 73, 1997, which is
incorporated by reference. Copies of this document are available from
the American Association of Textile Chemists and Colorists, P.O. Box
12215, Research Triangle Park, North Carolina 27709. This document is
also available for inspection at the Office of the Federal Register, 800
North Capitol Street, NW., Suite 700, Washington, DC. This incorporation
by reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
(2) Cutting. Cut eight 22.860.64 cm. (9\1/4\
in.) square specimens of each carpet or rug to be tested to comply with
paragraph (b)(1) of this section.
(c) Conditioning. (1) Clean each specimen with the vacuum cleaner
until it is free of all loose ends left during the manufacturing process
and from any material that may have been worked into the pile during
handling. Care must be exercised to avoid ``fuzzing'' of the pile yarn.
(2) Place the specimens in the drying oven in a manner that will
permit free circulation of the air at 105 deg.C. (221 deg.F.) around
them for 2 hours. \3\ Remove the specimens from the oven with gloved
hands and place them horizontally in the desiccator with traffic surface
up and free from contact with each other until cooled to room
temperature, but in no instance less than 1 hour.
---------------------------------------------------------------------------

\3\ If the specimens are moist when received, permit them to air-dry
at laboratory conditions prior to placement in the oven. A satisfactory
preconditioning procedure may be found in ASTM D 1776-67, ``Conditioning
Textiles and Textile Products for Testing.'' (``1969 Book of ASTM
Standards'', part 24, published by the American Society for Testing and
Materials, 1916 Race Street, Philadelphia, Pa. 19103.)
---------------------------------------------------------------------------

(d) Testing. (1) Place the test chamber in the draft-protected
environment (hood with draft off) with its bottom in place. Wearing
gloves, remove a test specimen from the desiccator and

[[Page 699]]

brush its surface with a gloved hand in such a manner as to raise its
pile. Place the specimen on the center of the floor of the test chamber,
traffic surface up, exercising care that the specimen is horizontal and
flat. Place the flattening frame on the specimen and position a
methenamine tablet on one of its flat sides in the center of the 20.32
cm. (8 in.) hole.
(2) Ignite the tablet by touching a lighted match or an equivalent
igniting source carefully to its top. If more than 2 minutes elapse
between the removal of the specimen from the desiccator and the ignition
of the tablet, the conditioning must be repeated.
(3) Continue each test until one of the following conditions occurs:
(i) The last vestige of flame or glow disappears. (This is
frequently accompanied by a final puff of smoke.)
(ii) The flaming or smoldering has approached within 2.54 cm. (1.0
in.) of the edge of the hole in the flattening frame at any point.
(4) When all combustion has ceased, ventilate the hood and measure
the shortest distance between the edge of the hole in the flattening
frame and the charred area. Record the distance measured for each
specimen.
(5) Remove the specimen from the chamber and remove any burn residue
from the floor of the chamber. Before proceeding to the next test, the
floor must be cooled to normal room temperature or replaced with one
that is at normal room temperature.
(e) Report. The number of specimens of the eight tested in which the
charred area does not extend to within 2.54 cm. (1.0 in.) of the edge of
the hole in the flattening frame shall be reported.
(f) Interpretation of results. If the charred area does not extend
to within 2.54 cm. (1.0 in.) of the edge of the hole in the flattening
frame at any point for at least seven of the eight specimens, the carpet
or rug meets the acceptance criterion.

[40 FR 59931, Dec. 30, 1975, as amended at 65 FR 12932, Mar. 10, 2000]

Sec. 1630.5 Labeling.

If the carpet or rug has had a fire-retardant treatment or is made
of fibers which have had a fire-retardant treatment, it shall be labeled
with the letter ``T'' pursuant to conditions established by the Consumer
Product Safety Commission.

Subpart B--Rules and Regulations

Sec. 1630.31 Reasonable and representative tests and recordkeeping requirements.

[[Page 700]]

units (needles, pitch, rows, shot, stitches, and weight), dye class,
dyestuff, dyeing application method, gage, pile levels, pile height,
average pile thickness, pile weight, pile yarn, total thickness, total
weight, tufts, tuft length, tuft bind, warp yarn, filler yarn, yarn ends
per needle, loop length, backing, back coating, primary backing,
secondary backing, backing thickness, backing fabric count, backing warp
and filler yarns, including stuffer and dead frame yards, backing
weight, fiber and/or other materials content, and fire-retardant
treatment received including the specifications and quantity of
chemicals used.
(7) Quality of handmade or hide carpets or rugs means any line of
carpets or rugs which are essentially handmade and/or are essentially
hides and which are alike in all respects, including those specified in
paragraph (a)(6) of this section, where applicable, except that such
carpets or rugs may vary where unavoidable and/or may vary because of
natural variations in hides of the same type, so long as such variations
do not affect flammability.
(b) The tests set forth in paragraphs (c), (d), (e), and (f) of this
section are reasonable and representative tests with regard to any
carpets or rugs or qualities thereof to which they apply, except,
however, that any test of any quality, whenever performed, which does
not show a meeting of the acceptance criterion of the Standard shall be
considered the reasonable and representative test for that quality and
no guaranty with respect thereto shall be issued after the performance
of such test. Immediately before conditioning and testing, each carpet
or rug specimen tested pursuant to this section shall be in the form in
which the carpet or rug or quality thereof which it represents is sold
or offered for sale to the ultimate consumer.
(c) Reasonable and representative tests with respect to any quality
of machine-made carpets or rugs are (1) at least one test performed upon
commencement of production, importation, or other receipt thereof, (2)
at least one test performed after production, importation, or other
receipt of the first 25,000 linear yards of the quality, and (3) at
least one test after production, importation, or other receipt of every
50,000 linear yards of the quality thereafter. Except, however, that
tests need be performed only after production, importation, or receipt
of each additional 100,000 linear yards of the quality, so long as all
24 specimens required to be tested in a complete series of three
required tests immediately preceding any given test (eight out of eight
specimens in each of the three preceding tests) meet the test criterion,
rather than seven out of eight specimens, as permitted under the
acceptance criterion of the Standard.
(d) Reasonable and representative tests with respect to any quality
of handmade or hide carpets or rugs are at least one test performed upon
the commencement of production, importation, or other receipt thereof
and at least one test after production, importation, or other receipt of
every 10,000 square yards of the quality thereafter.
(e) Reasonable and representative tests of a one-of-a-kind carpet or
rug, machine-made, handmade, or hide, is one test thereof or one test of
an identical representative sample.
(f) Guaranties for carpets or rugs in inventory upon the effective
date of the Standard may be issued in the same manner as other
guaranties are issued. Reasonable and representative tests with respect
to qualities of such carpets or rugs are at least one test performed
upon approximately the first linear yard and one test thereafter for
each 25,000 linear yards of a quality of machine-made carpets or rugs
and at least one test performed upon approximately the first square yard
and thereafter for each 10,000 square yards of a category of handmade or
hide carpets or rugs, in the order of the production, importation, or
receipt by the guarantor of that quality.
(g) Any person issuing a guaranty for one or more carpets or rugs or
qualities thereof based on reasonable and representative tests, shall
maintain the following records for a period of 3 years from the date the
tests were performed, or in the case of paragraph (h) of this section,
the date the guaranties were furnished. These records must be maintained
in the United States by a person subject to section 3 of the act:

[[Page 701]]

(1) All identifying numbers, symbols, etc., manufacturing
specifications including all other information described in paragraph
(a)(6) of this section, as applicable, and source of products or raw
materials used therein.
(2) A physical sample of each carpet or rug or quality thereof
covered by the guaranty at least 6 inches by 6 inches in size (36 square
inches).
(3) The original or a copy of the report of each test performed for
purposes of the guaranty (whether or not such report shows a meeting of
the acceptance criterion) which shall disclose the date of the test, the
results, and sufficient information to clearly identify the carpet or
rug tested.
(4) A record applicable to each test in paragraph (g)(3) of this
section showing the approximate yardage at which it was performed.
Records otherwise required to be maintained in linear yards may be
maintained in square yards on the basis of 4 square yards equals 1
linear yard.
(h) Persons furnishing guaranties based on guaranties received by
them shall maintain records showing the guaranty received and
identification of the carpet or rug or quality thereof guaranteed in
turn by them.
(i) Any person furnishing a carpet or rug 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. 5, 67 Stat. 112, as amended, 81 Stat. 570, 15 U.S.C. 1194; sec. 8,
67 Stat. 114, as amended, 81 Stat. 572, 15 U.S.C. 1197)

Sec. 1630.32 Carpets and rugs with fire-retardant treatment.

(a) For the purposes of this section the following definitions
apply:
(1) Carpet and rug mean ``carpet'' and ``rug'' as defined in
Sec. 1630.31(c).
(2) Fire-retardant treatment means ``fire-retardant treatment'' as
defined in the standard of subpart A of this part.
(b) If a carpet or rug or small carpet or rug is manufactured,
imported, or otherwise marketed or handled which has had a fire-
retardant treatment or is made of fibers which have had a fire-retardant
treatment, the letter ``T'' shall be set forth legibly and
conspicuously, and shall appear at all times, on each label and/or
invoice relating thereto pursuant to the requirements of the Textile
Fiber Products Identification Act, 15 U.S.C. 70, et seq., and the rules
and regulations thereunder, whether or not such letter ``T'' appears
elsewhere on said product. Samples, pieces, rolls, or squares used to
promote or effect the sale of such carpet or rug are subject to the
aforementioned requirements. As provided in the applicable portions of
the aforesaid act and the rules and regulations thereunder, where a
carpet or rug or a small carpet or rug; which has had a fire-retardant
treatment or is made of fibers which have had a fire-retardant
treatment, is sold to an ultimate consumer and was either custom made or
commercially installed for such consumer, the labeling required by this
section shall not apply with respect to the carpet or rug if an invoice
or other paper relating thereto, containing the letter ``T'', legibly
and conspicuously written, is delivered to the consumer in due course of
business.
(c) No person subject to the Flammable Fabrics Act shall
manufacture, import, distribute, or otherwise market or handle any
carpet or rug or small carpet or rug, including samples, swatches, or
specimens used to promote or effect the sale thereof, which is not in
compliance with this section.

(Sec. 5 of the Act, 67 Stat. 112, as amended by 81 Stat. 570, 15 U.S.C.
1194)

Subpart C--Washing Procedures

Authority: Secs. 4, 5, 67 Stat. 112, as amended, 81 Stat. 569-570;
15 U.S.C. 1193, 1194.

Sec. 1630.61 Hide carpets and rugs--alternative washing procedure.

[[Page 702]]

of the American Association of Textile Chemists and Colorists or such
number of times under such other washing and drying procedure as shall
previously have been found to be equivalent by the Consumer Product
Safety Commission. AATCC Test Method 124-1996 ``Appearance of Fabrics
after Repeated Home Laundering,'' is found in Technical Manual of the
American Association of Textile Chemists and Colorists, vol. 73, 1997,
which is incorporated by reference. Copies of this document are
available from the American Association of Textile Chemists and
Colorists, P.O. Box 12215, Research Triangle Park, North Carolina 27709.
This document is also available for inspection at the Office of the
Federal Register, 800 North Capitol Street, NW., Suite 700, Washington,
DC. This incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Alternatively the selected sample or oversized specimens thereof may be
washed, dry-cleaned, or shampooed 10 times, prior to the cutting of test
specimens, in such manner as the manufacturer or other interested party
has previously established to the satisfaction of the Consumer Product
Safety Commission is normally used for that type of carpet or rug in
service.
(b) On February 10, 1972 (37 FR 3010) the Federal Trade Commission
published in the Federal Register a notice of approval of an alternative
washing procedure under FF 1-70 for testing the flammability of
shearling and hide rugs that (1) consist of natural wool or hair
attached to the hide with no synthetic fibers and (2) have been treated
with a fire-retardant finish. The notice of approval was corrected on
March 17, 1972 (37 FR 5676). This approval is continued in effect by the
Consumer Product Safety Commission pursuant to section 30(e) of the
Consumer Product Safety Act (15 U.S.C. 2079(e)).
(c) Any hide carpet or rug for which such alternative procedure is
utilized must be labeled with a conspicuous, legible and permanent label
containing the following statement:

DO NOT WASH OR DRY CLEAN

This rug has been treated with a flame retardant. To keep rug
attractive and clean use the following methods:
To eliminate loose dirt or dust, vacuum or shake pelt outdoors.
For spot cleaning, use water dampened cloth and rub lightly in one
direction.

DO NOT USE DETERGENTS OR OTHER STAIN REMOVERS

(d) The alternative procedure is as follows: The test specimens
shall be cut to size 9'' x 9'' before the procedure is initiated.
(1) Shake specimen vigorously to remove any loose fibers, dust and
possible accumulated debris.
(2) Place specimen on a solid flat surface and anchor or hold firmly
while conducting the test.
(3) Select an operating applicator consisting of a rod at least 2''
in diameter and 9'' long composed of nonabsorbant material such as glass
or plastic.
(4) Select sufficient cloth to form at least five layers when
wrapped around the operating applicator. The cloth shall be of the type
known as ``Crockmeter Test Cloth'' as specified in Note 8.3 of AATCC
Test Method 8-1969.
(5) Immerse cloth in water (100 deg.F.) until thoroughly wetted.
(6) Manually wring out the cloth to remove all excess water and wrap
around the operating applicator.
(7) Immediately with light pressure, stroke entire surface of
specimen with the wrapped operating applicator in one direction only
along the natural ``lay'' of the hair structure for ten complete
strokes.
(8) Place test specimen in a circulating drying oven maintained at
212 deg.F. until dry.
(9) Repeat the above procedure 10 times using a fresh or clean cloth
each time.
(10) After 10 successive cycles of washing and drying the dried
specimens shall be subjected to the testing procedures (pill test) as
outlined in FF 1-70.
(e) This washing procedure and labeling provision are subject to
revision or revocation should it be determined

[[Page 703]]

that such procedure is inadequate to fully protect the public.

[40 FR 59931, Dec. 30, 1975, as amended at 65 FR 12933, Mar. 10, 2000]

Sec. 1630.62 Wool flokati carpets and rugs--alternative washing procedure.

(a) The Standard for the Surface Flammability of Carpets and Rugs
(FF 1-70) at Sec. 1630.4(b)(1)(ii) provides that if a carpet or rug has
had a fire-retardant treatment, or is made of fibers which have had a
fire-retardant treatment, the sample or oversized specimens thereof
selected for testing under the standard shall be washed prior to the
cutting of test specimens either 10 times under the washing and drying
procedure prescribed in Method 124-1996 of the American Association of
Textile Chemists and Colorists or such number of times under such other
washing and drying procedure as shall previously have been found to be
equivalent by the Consumer Product Safety Commission. AATCC Test Method
124-1996 ``Appearance of Fabrics after Repeated Home Laundering,'' is
found in Technical Manual of the American Association of Textile
Chemists and Colorists, vol. 73, 1997, which is incorporated by
reference. Copies of this document are available from the American
Association of Textile Chemists and Colorists, P.O. Box 12215, Research
Triangle Park, North Carolina 27709. This document is also available for
inspection at the Office of the Federal Register, 800 North Capitol
Street, NW., Suite 700, Washington, DC. This incorporation by reference
was approved by the Director of the Federal Register in accordance with
5 U.S.C. 552(a) and 1 CFR part 51. Alternatively the selected sample or
oversized specimens thereof may be washed, dry-cleaned, or shampooed 10
times, prior to the cutting of test specimens, in such manner as the
manufacturer or other interested party has previously established to the
satisfaction of the Consumer Product Safety Commission is normally used
for that type of carpet or rug in service.
(b) On September 7, 1972 (37 FR 18122) the Federal Trade Commission
published in the Federal Register a notice of approval of an alternative
washing procedure under FF 1-70 for testing the flammability of wool
flokati carpets and rugs. This approval is continued in effect by the
Consumer Product Safety Commission pursuant to section 30(e) of the
Consumer Product Safety Act (15 U.S.C. 2079(e)).
(c) Any wool flokati carpet or rug for which such alternative
procedure is utilized must be labeled with a conspicuous, legible and
permanent label containing the following statement:

Do Not Wash in Home Machine or Dry Clean--Avoid Rubbing or Brushing
While Damp

This flokati carpet or rug has been treated with a flame retardant.
To maintain this flame retardant and to keep the carpet attractive and
clean, use the following methods.
1. Vacuum (using suction head without rotating brush) or shake the
rug (depending upon size) to remove loose dirt.
2. Home laundering: Place in bath tub or other suitable receptacle
in solution of home detergent and lukewarm water (approximately 105
deg.F.) . Immerse face down and gently knead back of rug to remove soil.
Rinse in lukewarm water (approximately 105 deg..) until detergent is
removed. Rug may then be rinsed again in cool water to improve
appearance of face if desired. Line dry. Shake while damp to restore
surface and fluff up fibers.
3. Spot cleaning: Remove greasy stains with a household grease
remover. Remove soluble stains with lukewarm water (approximately 105
deg.F.) and detergent by immersing spot in a pan and kneading the back
of rug. Rinse thoroughly in lukewarm water. Line or floor dry. Shake
while damp to restore surface and fluff up fibers.
4. Commercial cleaning: Use Roll-A-Jet equipment (or equivalent)
with water not exceeding 105 deg.F. Avoid use of excessive pressure or
reciprocating brushes. Drying temperatures should not exceed 200 deg.F.
(d) The alternative procedure is as follows:
(1) Cut test specimens to an oversize of 12" x
12" before the procedure is initiated.
(2) Vacuum specimens or shake vigorously to remove any loose fibers,
dust or possible accumulated debris.
(3) Place individual specimen face down in a shallow pan which has
been filled to a depth of 2'' with a wash solution of 1.1 grams of AATCC
(American Association of Textile Chemists and Colorists) Standard
Detergent as specified in AATCC Method 124-1996 (or equivalent) per
liter of water preheated

[[Page 704]]

to 105 deg.F. Knead the back of the specimen with hand for 1 minute.
Water level and temperature should be maintained for each specimen.
(4) Thoroughly rinse specimen face down with warm water at 105
deg.F. for 1 minute under a faucet with strong pressure.
(5) Remove excess liquor by use of a wringer, hydroextractor or
gentle hand squeezing and dry in circulating air oven at 200 deg.F.
until dry.
(6) Repeat the above procedure 10 times using fresh detergent and
fresh water for each set of eight specimens.
(7) Subject the dry specimens to the test procedures in FF 1-70.
(e) This washing procedure and labeling provisions are subject to
revocation should it be determined that such procedure is inadequate to
fully protect the public.

[40 FR 59931, Dec. 30, 1975, as amended at 65 FR 12933, Mar. 10, 2000]

Sec. 1630.63 Suspension of washing requirements for carpets and rugs with alumina trihydrate in the backing.

(a)(1) The Standard for the Surface Flammability of Carpets and Rugs
(FF 1-70) at Sec. 1630.4(b)(1)(ii) provides that if a carpet or rug has
had a fire-retardant treatment, or is made of fibers which have had a
fire-retardant treatment, the sample or oversized specimens thereof
selected for testing under the standard shall be washed prior to the
cutting of test specimens either 10 times under the washing and drying
procedure prescribed in Method 124-1996 of the American Association of
Textile Chemists and Colorists or such number of times under such other
washing and drying procedure as shall previously have been found to be
equivalent by the Consumer Product Safety Commission. AATCC Test Method
124-1996 ``Appearance of Fabrics after Repeated Home Laundering,'' is
found in Technical Manual of the American Association of Textile
Chemists and Colorists, vol. 73, 1997, which is incorporated by
reference. Copies of this document are available from the American
Association of Textile Chemists and Colorists, P.O. Box 12215, Research
Triangle Park, North Carolina 27709. This document is also available for
inspection at the Office of the Federal Register, 800 North Capitol
Street, NW., Suite 700, Washington, DC. This incorporation by reference
was approved by the Director of the Federal Register in accordance with
5 U.S.C. 552(a) and 1 CFR part 51. Alternatively the selected sample or
oversized specimens thereof may be washed, dry-cleaned, or shampooed 10
times, prior to the cutting of test specimens, in such manner as the
manufacturer or other interested party has previously established to the
satisfaction of the Consumer Product Safety Commission is normally used
for that type of carpet or rug in service.
(2) Section 1630.5 of the Standard provides that if a carpet or rug
has had a fire-retardant treatment or is made of fibers which have had a
fire-retardant treatment, it shall be labeled with the letter ``T.''
(b) On April 10, 1972, the Federal Trade Commission, which then had
responsibility for enforcement of the Flammable Fabrics Act, announced
that the use of alumina trihydrate in adhesives, foams, or latexes in
carpet backings or elsewhere in the backings will be considered as a
fire-retardant treatment. Therefore, the provisions of
Sec. Sec. 1630.4(b)(1)(ii) and 1630.5 of the Standard apply to carpets
with alumina trihydrate in the backings. This interpretation continues
in effect.
(c) On May 19, 1972, the Federal Trade Commission published a notice
in the Federal Register (37 FR 10104) temporarily suspending the washing
requirements under FF 1-70 for carpets and rugs containing alumina
trihydrate in the backing. This temporary suspension was extended a
number of times. On March 28, 1973 the Federal Trade Commission proposed
in the Federal Register (38 FR 8101) an alternative laundering procedure
for such carpets and rugs and gave notice that the suspension of the
laundering requirement was extended until the completion of the
proceeding to establish an alternative laundering procedure. The
suspension continues in effect.

[40 FR 59931, Dec. 30, 1975, as amended at 65 FR 12933, Mar. 10, 2000]

[[Page 705]]

Subpart D--Interpretations and Policies

Sec. 1630.81 Policy on recall of noncomplying carpets and rugs.

(a) Purpose. The purpose of this section is to state the policy of
the Commission concerning recall of carpets and rugs which are subject
to and fail to comply with the Standard for the Surface Flammability of
Carpets and Rugs (FF 1-70) (16 CFR part 1630, subpart A). In this policy
statement, the Commission reaffirms that provisions of the Flammable
Fabrics Act (FFA) authorize recall of any product which fails to comply
with an applicable flammability standard issued under that Act.
Additionally, this policy statement announces general principles which
will be followed by the Commission in exercising the authority contained
in the FFA to require recall of carpets and rugs from various levels of
distribution, including carpets and rugs in the possession of the
ultimate consumer.
(b) Recall from distributors and retailers. The Commission will
exercise the authority contained in the FFA to order recall of carpets
and rugs which fail to comply with the Standard for the Surface
Flammability for Carpets and Rugs and which are in the possession of any
distributor, retailer, or other person or firm in the chain of
distribution, where the facts, including the number and pattern of test
failures, indicate that such action is necessary and appropriate.
(c) Recall from consumers. (1) In cases involving carpets and rugs
distributed in commerce by a domestic manufacturer, or imported into the
United States, after July 11, 1978, the Commission will exercise the
authority contained in the FFA to order recall of carpets and rugs which
fail to comply with the Standard for the Surface Flammability of Carpets
and Rugs and which are in the possession of ultimate purchasers,
including installed carpet, where the facts, including the number and
pattern of test failures, indicate that such action is necessary and
appropriate.
(2) The Commission may exercise the authority of section 15 of the
Consumer Product Safety Act (15 U.S.C. 2064) to order the repair,
replacement, or repurchase of any carpets or rugs in the possession of
ultimate purchasers, including installed carpet, if such carpets and
rugs present a ``substantial product hazard'' as that term is used in
the Consumer Product Safety Act in any case involving carpets or rugs
which were distributed in commerce by a domestic manufacturer or
imported into the United States, on or before July 11, 1978, or any time
thereafter.

(Sec. 5, 15 U.S.C. 1194, 67 Stat. 112, June 30, 1953; sec. 5, 15 U.S.C.
45(b), 38 Stat. 719, Sept. 26, 1914; sec. 15, 15 U.S.C. 2064, 86 Stat.
1221, Oct. 27, 1972)

[44 FR 2169, Jan. 10, 1979]

PART 1631--STANDARD FOR THE SURFACE FLAMMABILITY OF SMALL CARPETS AND RUGS (FF 2-70)--Table of Contents

Subpart A--The Standard

Sec.
1631.1 Definitions.
1631.2 Scope and application.
1631.3 General requirements.
1631.4 Test procedure.
1631.5 Labeling requirements.

Subpart B--Rules and Regulations

1631.31 Reasonable and representative tests and recordkeeping
requirements.
1631.32 Reasonable and representative tests and recordkeeping
requirements--additional requirements.
1631.33 Carpets and rugs with fire-retardant treatment.
1631.34 Small carpets and rugs not meeting acceptance criterion.

Subpart C--Washing Procedures

1631.61 Hide carpets and rugs--alternative washing procedure.
1631.62 Wool flokati carpets and rugs--alternative washing procedure.

Source: 40 FR 59935, Dec. 30, 1975, unless otherwise noted.

Subpart A--The Standard

Authority: Sec. 4, 67 Stat. 112, as amended, 81 Stat. 569-70; 15
U.S.C. 1193.

Sec. 1631.1 Definitions.

In addition to the definitions given in section 2 of the Flammable
Fabrics

[[Page 706]]

Act, as amended (sec. 1, 81 Stat. 568; 15 U.S.C. 1191), and the
procedures under that act for setting standards (part 1607 of this
chapter), the following definitions apply for the purposes of this
Standard:
(a) Acceptance Criterion means that at least seven out of eight
individual specimens of a small carpet or rug shall meet the test
criterion as defined in this Standard.
(b) Test Criterion means the basis for judging whether or not a
single specimen of small carpet or rug has passed the test, i.e., the
charred portion of a tested specimen shall not extend to within 2.54 cm.
(1.0 in.) of the edge of the hole in the flattening frame at any point.
(c) Small Carpet means any type of finished product made in whole or
in part of fabric or related material and intended for use or which may
reasonably be expected to be used as a floor covering which is exposed
to traffic in homes, offices, or other places of assembly or
accommodation, and which may or may not be fastened to the floor by
mechanical means such as nails, tacks, barbs, staples, adhesives, and
which has no dimension greater than 1.83 m. (6 ft.) and an area not
greater than 2.23 m.\2\ (24 sq. ft.). Products such as ``Carpet
Squares'' with dimensions smaller than these but intended to be
assembled, upon installation, into assemblies which may have dimensions
greater than these, are excluded from this definition. They are,
however, included in the Standard for the surface flammability of
carpets and rugs (FF 1-70) (subpart A of part 1630 of this chapter).
Mats, hides with natural or synthetic fibers, and other similar products
are included in this definition if they are within the defined
dimensions, but resilient floor coverings such as linoleum, asphalt tile
and vinyl tile are not.
(d) Small Rug means, for the purposes of this Standard, the same as
small carpet and shall be accepted as interchangeable with small carpet.
(e) Traffic Surface means a surface of a small carpet or rug which
is intended to be walked upon.
(f) Timed Burning Tablet (pill) means the methenamine tablet,
weighing approximately 0.149 grams (2.30 grains), sold as Product No.
1588 in Catalog No. 79, December 1, 1969, by the Eli Lilly Company of
Indianapolis, Ind. 46206, or an equal tablet.
(g) Fire-Retardant Treatment means any process to which a small
carpet or rug has been exposed which significantly decreases the
flammability of that small carpet or rug and enables it to meet the
acceptance criterion of this Standard.

Sec. 1631.2 Scope and application.

(a) This Standard provides a test method to determine the surface
flammability of small carpets and rugs when exposed to a standard small
source of ignition under carefully prescribed draft-protected
conditions. It is applicable to all types of small carpets and rugs used
as floor covering materials regardless of their method of fabrication or
whether they are made of natural or synthetic fibers or films, or
combinations of, or substitutes for these.
(b) One of a kind small carpet or rug, such as an antique, an
Oriental or a hide, may be excluded from testing under this Standard
pursuant to conditions established by the Consumer Product Safety
Commission.

Sec. 1631.3 General requirements.

(a) Summary of test method. This method involves the exposure of
each of eight conditioned, replicate specimens of a small carpet or rug
to a standard igniting source in a draft-protected environment and
measurement of the proximity of the charred portion to the edge of the
hole in the prescribed flattening frame.
(b) Test criterion. A specimen passes the test if the charred
portion does not extend to within 2.54 cm. (1.0 in.) of the edge of the
hole in the flattening frame at any point.
(c) Acceptance criterion. At least seven of the eight specimens
shall meet the test criterion in order to conform with this Standard.

Sec. 1631.4 Test procedure.

(a) Apparatus--(1) Test chamber. The test chamber shall consist of
an open

[[Page 707]]

top hollow cube made of noncombustible material \1\ with inside
dimensions 30.48 x 30.48 x 30.48 cm. (12 x 12 x 12 in.) and a minimum of
6.35 mm. (\1/4\ in.) wall thickness. The flat bottom of the box shall be
made of the same material as the sides and shall be easily removable.
The sides shall be fastened together with screws or brackets and taped
to prevent air leakage into the box during use.
---------------------------------------------------------------------------

\1\ 6.35 mm. (\1/4\ in.) cement asbestos board is a suitable
material.
---------------------------------------------------------------------------

Note: A minimum of two chambers and two extra bottoms is suggested
for efficient operation.

(2) Flattening frame. A steel plate, 22.86 x 22.86 cm. (9 x 9 in.)
6.35 mm. (\1/4\ in.) thick with a 20.32 cm. (8 in.) diameter hole in its
center is required to hold the specimen flat during the course of the
test. It is recommended that one be provided for each test chamber.
(3) Standard igniting source. No. 1588 methenamine timed burning
tablet or an equal tablet. These tablets shall be stored in a desiccator
over a desiccant for 24 hours prior to use. (Small quantities of
absorbed water may cause the tablets to fracture when first ignited. If
a major fracture occurs, any results from that test shall be ignored,
and it shall be repeated.)
(4) Test specimens. Each test specimen shall be a 22.86 x 22.86 cm.
(9 x 9 in.) section of the small carpet or rug to be tested. Eight
specimens are required.
(5) Circulating air oven. A forced circulation drying oven capable
of removing the moisture from the specimens when maintained at 105
deg.C. (221 deg.F.) for 2 hours. \2\
---------------------------------------------------------------------------

\2\ Option 1 of ASTM D 2654-67T, ``Methods of Test for Amount of
Moisture in Textile Materials,'' describes a satisfactory oven. (``1969
Book of ASTM Standards,'' part 24, published by the American Society for
Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.)
---------------------------------------------------------------------------

(6) Desiccating cabinet. An airtight and moisture tight cabinet
capable of holding the floor covering specimens horizontally without
contacting each other during the cooling period following drying, and
containing silica gel desiccant.
(7) Gloves. Nonhygroscopic gloves (such as rubber or polyethylene)
for handling the sample after drying and raising the pile on specimens
prior to testing.
(8) Hood. A hood capable of being closed and having its draft turned
off during each test and capable of rapidly removing the products of
combustion following each test. The front or sides of the hood should be
transparent to permit observation of the tests in progress.
(9) Mirror. A small mirror mounted above each test chamber at an
angle to permit observation of the specimen from outside the hood.
(10) Vacuum cleaner. A vacuum cleaner to remove all loose material
from each specimen prior to conditioning. All surfaces of the vacuum
cleaner contacting the specimen shall be flat and smooth.
(b) Sampling--(1) Selection of samples. (i) Select a sample of the
material representative of the lot and large enough to permit cutting
eight test specimens 22.86 x 22.86 cm. (9 x 9 in.) free from creases,
fold marks, delaminations or other distortions. The representative
sample of material may require the use of more than one small carpet or
rug. The test specimens should contain the most flammable parts of the
traffic surface at their centers. The most flammable area may be
determined on the basis of experience or through pretesting.
(ii) If the carpet or rug has had a fire-retardant treatment, or is
made of fibers which have had a fire-retardant treatment, the selected
sample or over-sized specimens thereof shall be washed, prior to cutting
of test specimens after they have been washed and dried either 10 times
in accordance with sections 8.2.2, 8.2.3, and 8.3.1(A) of AATCC Test
Method 124-1996 ``Appearance of Fabrics after Repeated Home
Laundering,'' using wash temperature V (60 deg. 3 deg.C,
140 deg. 5 deg.F) 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, and drying
shall be performed in accordance with section 8.3.1(A) of that test
method, Tumble Dry, maximum load 3.64 Kg (8 pounds), using the exhaust
temperature (66 deg. 5 deg.C, 150 deg. 10
deg.F) and cool down time of 10 minutes

[[Page 708]]

specified in the ``Durable Press'' conditions of Table IV; or such
number of times by another washing and drying procedure which the
Consumer Product Safety Commission has determined to be equivalent of
AATCC Test Method 124-1996. Alternatively, the selected sample or
oversized specimens thereof may be washed, drycleaned, or shampooed 10
times, prior to cutting of test specimens, in such manner as the
manufacturer or other interested party shall previously have established
to the satisfaction of the Consumer Product Safety Commission is
normally used for that type of carpet or rug in service.
(iii) AATCC Test Method 124-1996 ``Appearance of Fabrics after
Repeated Home Laundering,'' is found in Technical Manual of the American
Association of Textile Chemists and Colorists, vol. 73, 1997, which is
incorporated by reference. Copies of this document are available from
the American Association of Textile Chemists and Colorists, P.O. Box
12215, Research Triangle Park, North Carolina 27709. This document is
also available for inspection at the Office of the Federal Register, 800
North Capitol Street, NW., Suite 700, Washington, DC. This incorporation
by reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
(2) Cutting. Cut eight 22.860.64 cm. (9\1/4\
in.) square specimens of each small carpet or rug to be tested to comply
with paragraph (b)(1) of this section.
(c) Conditioning. (1) Clean each specimen with the vacuum cleaner
until it is free of all loose ends left during the manufacturing process
and from any material that may have been worked into the pile during
handling. \3\ Care must be exercised to avoid ``fuzzing'' of the pile
yarn.
---------------------------------------------------------------------------

\3\ The vacuum cleaning described is not intended to simulate the
effects of repeated vacuum cleaning in service.
---------------------------------------------------------------------------

(2) Place the specimens in a drying oven in a manner that will
permit free circulation of the air at 105 deg.C. (221 deg.F.) around
them for 2 hours. \4\ Remove the specimens from the oven with gloved
hands and place them horizontally in the desiccator with traffic surface
up and free from contact with each other until cooled to room
temperature, but in no instance less than 1 hour.
---------------------------------------------------------------------------

\4\ If the specimens are moist when received, permit them to air-dry
at laboratory conditions prior to placement in the oven. A satisfactory
preconditioning procedure may be found in ASTM D 1776-67, ``Conditioning
Textiles and Textile Products for Testing.'' (``1969 Book of ASTM
Standards,'' part 24, published by the American Society for Testing and
Materials, 1916 Race Street, Philadelphia, Pa. 19103.)
---------------------------------------------------------------------------

(d) Testing. (1) Place the test chamber in the draft-protected
environment (hood with draft off) with its bottom in place. Wearing
gloves, remove a test specimen from the desiccator and brush its traffic
surface with a gloved hand in such a manner as to raise its pile. Place
the specimen on the center of the floor of the test chamber, traffic
surface up, exercising care that the specimen is horizontal and flat.
Place the flattening frame on the specimen and position a methenamine
tablet on one of its flat sides in the center of the 20.32 cm. (8 in.)
hole.
(2) Ignite the tablet by touching a lighted match or an equivalent
igniting source carefully to its top. If more than 2 minutes elapse
between the removal of the specimen from the desiccator and the ignition
of the tablet, the conditioning must be repeated.
(3) Continue each test until one of the following conditions occurs:
(i) The last vestige of flame or glow disappears. (This is
frequently accompanied by a final puff of smoke.)
(ii) The flaming or smoldering has approached within 2.54 cm. (1.0
in.) of the edge of the hole in the flattening frame at any point.
(4) When all combustion has ceased, ventilate the hood and measure
the shortest distance between the edge of the hole in the flattening
frame and the charred area. Record the distance measured for each
specimen.
(5) Remove the specimen from the chamber and remove any burn residue
from the floor of the chamber. Before proceeding to the next test, the
floor must be cooled to normal room temperature or replaced with one
that is at normal room temperature.
(e) Report. The number of specimens of the eight tested in which the
charred area does not extend to within 2.54 cm.

[[Page 709]]

(1.0 in.) of the edge of the hole in the flattening frame shall be
reported.
(f) Interpretation of results. If the charred area does not extend
to within 2.54 cm. (1.0 in.) of the edge of the hole in the flattening
frame at any point for at least seven of the eight specimens, the small
carpet or rug meets the acceptance criterion.

[40 FR 59935, Dec. 30, 1975, as amended at 65 FR 12934, Mar. 10, 2000]

Sec. 1631.5 Labeling requirements.

(a) If a small carpet or rug does not meet the acceptance criterion,
it shall, prior to its introduction into commerce, be permanently
labeled, pursuant to rules and regulations established by the Consumer
Product Safety Commission with the following statement: FLAMMABLE (FAILS
U.S. DEPARTMENT OF COMMERCE STANDARD FF 2-70): SHOULD NOT BE USED NEAR
SOURCES OF IGNITION.
(b) If a small carpet or rug has had a fire-retardant treatment or
is made of fibers which have had a fire-retardant treatment, it shall be
labeled with the letter ``T'' pursuant to rules and regulations
established by the Consumer Product Safety Commission.

Subpart B--Rules and Regulations

Authority: Sec. 5, 67 Stat. 112, as amended, 81 Stat. 570; 15 U.S.C.
1194.

Sec. 1631.31 Reasonable and representative tests and recordkeeping requirements.

Explanation: Section 8 of the act, among other things, provides that
no person shall be subject to criminal prosecution under section 7 of
the act for a violation of section 3 of the act if such person
establishes a guaranty received in good faith signed by and containing
the name and address of the person by whom the product, fabric, or
related material guaranteed was manufactured, or from whom it was
received, to the effect that reasonable and representative tests made in
accordance with applicable flammability standards show that the product,
fabric, or related material covered by the guaranty conforms with such
standards.
While a person establishing a guaranty received in good faith would
not be subject to criminal prosecution under section 7 of the act, he,
and/or the merchandise involved, would nevertheless remain subject to
the administrative processes of the Consumer Product Safety Commission
under section 5 of the act as well as injunction and condemnation
procedures under section 6 thereof. A guarantor derives no immunity of
any kind, civil or criminal, from the issuance of his own guaranty or
performance of the reasonable and representative tests prescribed by
this section.
The furnishing of guaranties is not mandatory under the act. The
purpose of this section is to establish minimum requirements for
reasonable and representative tests upon which guaranties may be based.
The section does not have any legal effect beyond that specified in
section 8 of the act.
(a) For the purposes of this section the following definitions
apply:
(1) Standard means the Standard in subpart A of this part.
(2) Test means a test as prescribed by the Standard.
(3) Acceptance criterion means ``acceptance criterion'' as defined
in the Standard.
(4) Test criterion means ``test criterion'' as defined in the
Standard.
(5) Carpet and rug mean ``carpet'' and ``rug'' as defined in the
Standard.
(6) Quality of machine-made carpets or rugs means any line of
carpets or rugs, essentially machine-made, which are substantially alike
in all respects, including, as applicable, constructional units
(needles, pitch, rows, shot, stitches, and weight), dye class, dyestuff,
dyeing application method, gage, pile levels, pile height, average pile
thickness, pile weight, pile yarn, total thickness, total weight, tufts,
tuft length, tuft bind, warp yarn, filler yarn, yarn ends per needle,
loop length, backing, back coating, primary backing, secondary backing,
backing thickness, backing fabric count, backing warp and filler yarns,
including stuffer and dead frame yarns, backing weight, fiber and/or
other materials content, and fire retardant treatment received including
the specifications and quantity of chemicals used.
(7) Quality of handmade or hide carpets or rugs means any line of
carpets or rugs which are essentially handmade and/or are essentially
hides and which are alike in all respects, including those specified in
paragraph (a)(6) of this section, where applicable, except that such
carpets or rugs may vary where unavoidable and/or may vary because of
natural variations in hides of

[[Page 710]]

the same type, so long as such variations do not affect flammability.
(b) The tests set forth in paragraphs (c), (d), (e), and (f) of this
section are reasonable and representative tests with regard to any
carpets or rugs or qualities thereof to which they apply, except,
however, that any test of any quality, whenever performed, which does
not show a meeting of the acceptance criterion of the Standard shall be
considered the reasonable and representative test for that quality and
no guaranty with respect thereto shall be issued after the performance
of such test. Immediately before conditioning and testing, each carpet
or rug specimen tested pursuant to this section shall be in the form in
which the carpet or rug or quality thereof which it represents is sold
or offered for sale to the ultimate consumer.
(c) Reasonable and representative tests with respect to any quality
of machine-made carpets or rugs are (1) at least one test performed upon
commencement of production, importation, or other receipt thereof, (2)
at least one test performed after production, importation, or other
receipt of the first 25,000 linear yards of the quality, and (3) at
least one test after production, importation, or other receipt of every
50,000 linear yards of the quality thereafter. Except, however, that
tests need be performed only after production, importation, or receipt
of each additional 100,000 linear yards of the quality, so long as all
24 specimens required to be tested in a complete series of three
required tests immediately preceding any given test (eight out of eight
specimens in each of the three preceding tests) meet the test criterion,
rather than seven out of eight specimens, as permitted under the
acceptance criterion of the Standard.
(d) Reasonable and representative tests with respect to any quality
of handmade or hide carpets or rugs are at least one test performed upon
the commencement of production, importation, or other receipt thereof
and at least one test after production, importation, or other receipt of
every 10,000 square yards of the quality thereafter.
(e) Reasonable and representative tests of a one-of-a-kind carpet or
rug, machine made, handmade, or hide, is one test thereof or one test of
an identical representative sample.
(f) Guaranties for carpets or rugs in inventory upon the effective
date of the Standard may be issued in the same manner as other
guaranties are issued. Reasonable and representative tests with respect
to qualities or such carpets or rugs are at least one test performed
upon approximately the first linear yard and one test thereafter for
each 25,000 linear yards of a quality of machine-made carpets or rugs
and at least one test performed upon approximately the first square yard
and thereafter for each 10,000 square yards of a category of hand-made
or hide carpets or rugs, in the order of the production, importation, or
receipt by the guarantor of that quality.
(g) Any person issuing a guaranty for one or more carpets or rugs or
qualities thereof based on reasonable and representative tests, shall
maintain the following records for a period of 3 years from the date the
tests were performed, or in the case of paragraph (h) of this section,
the date the guaranties were furnished. These records must be maintained
in the United States by a person subject to section 3 of the act:
(1) All identifying numbers, symbols, etc., manufacturing
specifications including all other information described in paragraph
(a)(6) of this section, as applicable, and source of products or raw
materials used therein.
(2) A physical sample of each carpet or rug or quality thereof
covered by the guaranty at least 6 inches by 6 inches in size (36 square
inches).
(3) The original or a copy of the report of each test performed for
purposes of the guaranty (whether or not such report shows a meeting of
the acceptance criterion) which shall disclose the date of the test, the
results, and sufficient information to clearly identify the carpet or
rug tested.
(4) A record applicable to each test in paragraph (g)(3) of this
section showing the approximate yardage at which it was performed.
Records otherwise required to be maintained in linear yards may be
maintained in square yards on the basis of 4 square yards equals 1
linear yard.
(h) Persons furnishing guaranties based on guaranties received by
them

[[Page 711]]

shall maintain records showing the guaranty received and identification
of the carpet or rug or quality thereof guaranteed in turn by them.
(i) Any person furnishing a carpet or rug 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. 5 of the Act, 67 Stat. 112, as amended by 81 Stat. 570, 15 U.S.C.
1194; sec. 8 of the Act, 67 Stat. 114, as amended by 81 Stat. 572, 15
U.S.C. 1197)

Sec. 1631.32 Reasonable and representative tests and recordkeeping requirements--additional requirements.

(a) Persons issuing guaranties under section 8(a) of the act for
small carpets and rugs subject to FF 2-70 shall be subject to all of the
requirements of Sec. 1631.31 except as provided in paragraph (b) of this
section.
(b) In lieu of performing tests and maintaining records on the basis
of linear yards or square yards as provided in Sec. 1631.31 persons
furnishing warranties for small carpets and rugs subject to FF 2-70
shall perform tests and maintain records on the basis of units of
carpets or rugs, with ``unit'' being defined as a single carpet or rug,
or on the basis of square yards. At least one test shall be performed
upon commencement of production, importation, or other receipt of such
small carpet or rug and every 25,000 units or square yards thereafter.

(Sec. 5 of the Act, 67 Stat. 112, as amended by 81 Stat. 570, 15 U.S.C.
1194; sec. 8 of the Act, 67 Stat. 114, as amended by 81 Stat. 572, 15
U.S.C. 1197)

Sec. 1631.33 Carpets and rugs with fire-retardant treatment.

(a) For the purposes of this section the following definitions
apply:
(1) Small carpet and small rug means ``small carpet'' and ``small
rug'' as defined in Sec. 1631.1(c).
(2) Fire-retardant treatment means ``fire-retardant treatment'' as
defined in the Standard in subpart A of this part.
(b) If a carpet or rug or small carpet or rug is manufactured,
imported, or otherwise marketed or handled which has had a fire-
retardant treatment or is made of fibers which have had a fire-retardant
treatment, the letter ``T'' shall be set forth legibly and
conspicuously, and shall appear at all times, on each label and/or
invoice relating thereto pursuant to the requirements of the Textile
Fiber Products Indentification Act, 15 U.S.C. section 70, et seq., and
the rules and regulations thereunder, whether or not such letter ``T''
appears elsewhere on said product. Samples, pieces, rolls, or squares
used to promote or effect the sale of such carpet or rug are subject to
the aforementioned requirements. As provided in the applicable portions
of the aforesaid Act and the rules and regulations thereunder, where a
carpet or rug or a small carpet or rug which has had a fire-retardant
treatment or is made of fibers which have had a fire-retardant
treatment, is sold to an ultimate consumer and was either custom made or
commercially installed for such consumer, the labeling required by this
section shall not apply with respect to the carpet or rug if an invoice
or other paper relating thereto, containing the letter ``T'', legibly
and conspicuously written, is delivered to the consumer in due course of
business.
(c) No person subject to the Flammable Fabrics Act shall
manufacture, import, distribute, or otherwise market or handle any
carpet or rug or small carpet or rug, including samples, swatches, or
specimens used to promote or effect the sale thereof, which is not in
compliance with this section.

Sec. 1631.34 Small carpets and rugs not meeting acceptance criterion.

(a) If any small carpet or rug as defined in the Standard for the
Surface Flammability of Small Carpets and Rugs (pill test) FF 2-70, is
manufactured, imported, or otherwise marketed or handled and does not
meet the acceptance criterion of such standard, it shall, prior to its
introduction into commerce, be legibly and conspicuously labeled with a
permanent label which sets forth the following statement:

``FLAMMABLE (FAILS U.S. DEPARTMENT OF COMMERCE STANDARD

[[Page 712]]

FF 2-70): SHOULD NOT BE USED NEAR SOURCES OF IGNITION.''

The required cautionary statement may be set out on or affixed to the
small carpet or rug on the same label as the fiber content label
required to be affixed under the Textile Fiber Products Identification
Act, if said label is permanent, or said statement shall be set forth on
a separate permanent label on or affixed to the small carpet or rug in
immediate proximity to the said required label under the Textile Fiber
Products Identification Act. A label on the front of a small carpet or
rug shall be considered to be in immediate proximity to a label on the
back, provided they are directly opposite each other and are in
immediate proximity to the edge of the small carpet or rug.
(b) Such cautionary statements shall also appear in a conspicuous
manner in all advertisements in which said small carpets or rugs are
being offered for sale through direct mail, telephone solicitation, or
under any other circumstances where the consumer, in the ordinary course
of dealing, will not have an opportunity to inspect the label before
receiving the merchandise. The phrase ``Flammable--Read The Label''
shall conspicuously appear in all other advertisements of small carpets
or rugs which do not meet the acceptance criterion of the standard.
(c) The information required by this section shall be set forth
separately from any other information, representations, or disclosures
appearing on the same label or elsewhere on the small carpet or rug, and
any such other information, representations, or disclosures shall in no
way interfere with, minimize, detract from, or conflict with the
information required by this section.
(d) Samples, swatches, or specimens used to promote or effect the
sale of small carpets or rugs shall be labeled with the information
required by this section, in addition to the label required to be
affixed to the small carpets or rugs.
(e) Where small carpets or rugs are marketed at retail in packages,
and the labeling information required by this section is not readily
visible to prospective purchasers, the packages must also be
prominently, conspicuously, and legibly labeled with the information
required by this section.
(f) No person, other than the ultimate consumer, shall remove,
mutilate, or cause or participate in the removal or mutilation of any
affixed labeling information required by this section.
(g) No person subject to the Flammable Fabrics Act shall
manufacture, import, distribute, or otherwise market or handle any small
carpet or rug, including samples, swatches, or specimens used to promote
or effect the sale thereof, which is not in compliance with this
section.

Subpart C--Washing Procedures

Authority: Secs. 4, 5, 67 Stat. 112, as amended, 81 Stat. 569-70; 15
U.S.C. 1193, 1194.

Sec. 1631.61 Hide carpets and rugs--alternative washing procedure.

[[Page 713]]

with 5 U.S.C. 552(a) and 1 CFR part 51. Alternatively the selected
sample or oversized specimens thereof may be washed, dry-cleaned, or
shampooed 10 times, prior to the cutting of test specimens, in such
manner as the manufacturer or other interested party has previously
established to the satisfaction of the Consumer Product Safety
Commission is normally used for that type of carpet or rug in service.
(b) On February 10, 1972 (37 FR 3010) the Federal Trade Commission
published in the Federal Register a notice of approval of an alternative
washing procedure under FF 2-70 for testing the flammability of
shearling and hide rugs that (1) consist of natural wool or hair
attached to the hide with no synthetic fibers and (2) have been treated
with a fire-retardant finish. The notice of approval was corrected on
March 17, 1972 (37 FR 5676). This approval is continued in effect by the
Consumer Product Safety Commission pursuant to section 30(e) of the
Consumer Product Safety Act (15 U.S.C. 2079(e)).
(c) Any hide carpet or rug for which such alternative procedure is
utilized must be labeled with a conspicuous, legible and permanent label
containing the following statement:

DO NOT WASH OR DRY CLEAN

DO NOT USE DETERGENTS OR OTHER STAIN REMOVERS

(d) The alternative procedure is as follows: The test specimens
shall be cut to size 9'' x 9'' before the procedure is initiated.
(1) Shake specimen vigorously to remove any loose fibers, dust and
possible accumulated debris.
(2) Place specimen on a solid flat surface and anchor or hold firmly
while conducting the test.
(3) Select an operating applicator consisting of a rod at least 2''
in diameter and 9'' long composed of nonabsorbent material such as glass
or plastic.
(4) Select sufficient cloth to form at least five layers when
wrapped around the operating applicator. The cloth shall be of the type
known as ``Crockmeter Test Cloth'' as specified in Note 8.3 of AATCC
Test Method 8-1969.
(5) Immerse cloth in water (100 deg.F.) until thoroughly wetted.
(6) Manually wring out the cloth to remove all excess water and wrap
around the operating applicator.
(7) Immediately, with light pressure, stroke entire surface of
specimen with the wrapped operating applicator in one direction only
along the natural ``lay'' of the hair structure for ten complete
strokes.
(8) Place test specimen in a circulating drying oven maintained at
212 deg.F. until dry.
(9) Repeat the above procedure 10 times using a fresh or clean cloth
each time.
(10) After 10 successive cycles of washing and drying the dried
specimens shall be subjected to the testing procedures (pill test) as
outlined in FF 2-70.
(e) This washing procedure and labeling provision are subject to
revision or revocation should it be determined that such procedure is
inadequate to fully protect the public.

[40 FR 59935, Dec. 30, 1975, as amended at 65 FR 12934, Mar. 10, 2000]

Sec. 1631.62 Wool flokati carpets and rugs--alternative washing procedure.

[[Page 714]]

the Consumer Product Safety Commission. AATCC Test Method 124-1996
``Appearance of Fabrics after Repeated Home Laundering,'' is found in
Technical Manual of the American Association of Textile Chemists and
Colorists, vol. 73, 1997, which is incorporated by reference. Copies of
this document are available from the American Association of Textile
Chemists and Colorists, P.O. Box 12215, Research Triangle Park, North
Carolina 27709. This document is also available for inspection at the
Office of the Federal Register, 800 North Capitol Street, NW., Suite
700, Washington, DC. This incorporation by reference was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. Alternatively the selected sample or oversized specimens
thereof may be washed, dry-cleaned, or shampooed 10 times, prior to the
cutting of test specimens, in such manner as the manufacturer or other
interested party has previously established to the satisfaction of the
Consumer Product Safety Commission is normally used for that type of
carpet or rug in service.
(b) On September 7, 1972 (37 FR 18122) the Federal Trade Commission
published in the Federal Register a notice of approval of an alternative
washing procedure under FF 2-70 for testing the flammability of wool
flokati carpets and rugs. This approval is continued in effect by the
Consumer Product Safety Commission pursuant to section 30(e) of the
Consumer Product Safety Act (15 U.S.C. 2079(e)).
(c) Any wool flokati carpet or rug for which such alternative
procedure is utilized must be labeled with a conspicuous, legible and
permanent label containing the following statement:

Do Not Wash in Home Machine or Dry Clean--Avoid Rubbing or Brushing
While Damp

This Flokati carpet or rug has been treated with a flame retardant.
To maintain this flame retardant and to keep the carpet attractive and
clean, use the following methods.
1. Vacuum (using suction head without rotating brush) or shake the
rug (depending upon size) to remove loose dirt.
2. Home laundering: Place in bath tub or other suitable receptacle
in solution of home detergent and lukewarm water (approximately 105
deg.F.). Immerse face down and gently knead back of rug to remove soil.
Rinse in lukewarm water (approximately 105 deg.F.) until detergent is
removed. Rug may then be rinsed again in cool water to improve
appearance of face if desired. Line dry. Shake while damp to restore
surface and fluff up fibers.
3. Spot cleaning: Remove greasy stains with a household grease
remover. Remove soluble stains with lukewarm water (approximately 105
deg.F.) and detergent by immersing spot in a pan and kneading the back
of rug. Rinse thoroughly in lukewarm water. Line or floor dry. Shake
while damp to restore surface and fluff up fibers.
4. Commercial cleaning: Use Roll-A-Jet equipment (or equivalent)
with water not exceeding 105 deg.F. Avoid use of excessive pressure or
reciprocating brushes. Drying temperatures should not exceed 200 deg.F.
(d) The alternative procedure is as follows:
(1) Cut test specimens to an oversize 12'' x 12'' before the
procedure is initiated.
(2) Vacuum specimens or shake vigorously to remove any loose fibers,
dust or possible accumulated debris.
(3) Place individual specimen face down in a shallow pan which has
been filled to a depth of 2'' with a wash solution of 1.1 grams of AATCC
(American Association of Textile Chemists and Colorists) Standard
Detergent as specified in AATCC Method 124-1996 (or equivalent) per
liter of water preheated to 105 deg.F. Knead the back of the specimen
with hand for 1 minute. Water level and temperature should be maintained
for each specimen.
(4) Thoroughly rinse specimen face down with warm water at 105
deg.F. for 1 minute under a faucet with strong pressure.
(5) Remove excess liquor by use of a wringer, hydroextractor or
gentle hand squeezing and dry in circulating air oven at 200 deg.F.
until dry.
(6) Repeat the above procedure 10 times using fresh detergent and
fresh water for each set of eight specimens.
(7) Subject the dry specimens to the test procedures in FF 2-70.
(e) This washing procedure and labeling provisions are subject to
revocation should it be determined that such procedure is inadequate to
fully protect the public.

[40 FR 59935, Dec. 30, 1975, as amended at 65 FR 12934, Mar. 10, 2000]

[[Page 715]]

PART 1632--STANDARD FOR THE FLAMMABILITY OF MATTRESSES AND MATTRESS PADS (FF 4-72, AMENDED)--Table of Contents

Subpart A--The Standard

Sec.
1632.1 Definitions.
1632.2 Purpose, scope and applicability.
1632.3 General requirements.
1632.4 Mattress test procedure.
1632.5 Mattress pad test procedure.
1632.6 Ticking substitution procedure.
1632.7 Tape edge substitution procedure.
1632.8 Glossary of terms.

Subpart B--Rules and Regulations

1632.31 Mattresses/mattress pads--labeling, recordkeeping, guaranties
and ``one of a kind'' exemption.

Subpart C--Interpretations and Policies

1632.61-1632.62 [Reserved]
1632.63 Policy clarification on renovation of mattress.

Authority: 15 U.S.C. 1193, 1194; 15 U.S.C. 2079(b).

Source: 49 FR 39796, Oct. 10, 1984, unless otherwise noted.

Subpart A--The Standard

Sec. 1632.1 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 the purpose of the standard.
(a) Mattress means a ticking filled with a resilient material used
alone or in combination with other products intended or promoted for
sleeping upon.
(1) This definition includes, but is not limited to, adult
mattresses, youth mattresses, crib mattresses including portable crib
mattresses, bunk bed mattresses, futons, water beds and air mattresses
which contain upholstery material between the ticking and the mattress
core, and any detachable mattresses used in any item of upholstered
furniture such as convertible sofa bed mattresses, corner group
mattresses, day bed mattresses, roll-a-way bed mattresses, high risers,
and trundle bed mattresses. See Sec. 1632.8 Glossary of terms, for
definitions of these items.
(2) This definition excludes sleeping bags, pillows, mattress
foundations, liquid and gaseous filled tickings such as water beds and
air mattresses which do not contain upholstery material between the
ticking and the mattress core, upholstered furniture which does not
contain a detachable mattress such as chaise lounges, drop-arm love
seats, press-back lounges, push-back sofas, sleep lounges, sofa beds
(including jackknife sofa beds), sofa lounges (including glide-outs),
studio couches and studio divans (including twin studio divans and
studio beds), and juvenile product pads such as car bed pads, carriage
pads, basket pads, infant carrier and lounge pads, dressing table pads,
stroller pads, crib bumpers, and playpen pads. See Sec. 1632.8 Glossary
of terms, for definitions of these items.
(b) Mattress Pad means a thin, flat mat or cushion, and/or ticking
filled with resilient material for use on top of a mattress. This
definition includes, but is not limited to, absorbent mattress pads,
flat decubitus pads, and convoluted foam pads which are totally enclosed
in ticking. This definition excludes convoluted foam pads which are not
totally encased in ticking.
(c) Ticking means the outermost layer of fabric or related material
that encloses the core and upholstery materials of a mattress or
mattress pad. A mattress ticking may consist of several layers of fabric
or related materials quilted together.
(d) Core means the main support system that may be present in a
mattress, such as springs, foam, hair block, water bladder, air bladder,
or resilient filling.
(e) Upholstery material means all material, either loose or
attached, between the mattress or mattress pad ticking and the core of a
mattress, if a core is present.
(f) Tape edge (edge) means the seam or border edge of a mattress or
mattress pad.
(g) Quilted means stitched with thread or by fusion through the
ticking and one or more layers of upholstery material.
(h) Tufted means buttoned or laced through the ticking and
upholstery material and/or core, or having the ticking and upholstery
material and/or

[[Page 716]]

core drawn together at intervals by any other method which produces a
series of depressions on the surface.
(i) Manufacturer means an individual plant or factory at which
mattresses and/or mattress pads are produced or assembled.
(j) Mattress prototype means mattresses of a particular design,
sharing all materials and methods of assembly, but excluding differences
in mattress size. If it has been shown as a result of prototype
qualification testing that an upholstery material or core will not
reduce the ignition resistance of the mattress prototype, substitution
of another material for such material shall not be deemed a difference
in materials for prototype definition. (See Sec. 1632.31(c)(4) for
records required to demonstrate that a change of materials has not
reduced ignition resistance of a mattress prototype.) If it is
determined or suspected that a material has influenced the ignition
resistance of the mattress prototype, a change in that material,
excluding an increase in thickness, shall be deemed a difference in
materials for purposes of prototype definition unless it is previously
shown to the satisfaction of the Consumer Product Safety Commission that
such change will not reduce the ignition resistance of the mattress
prototype. Ticking materials may be substituted in accordance with
Sec. 1632.6. Tape edge materials may be substituted in accordance with
Sec. 1632.7.
(k) Mattress pad prototype means mattress pads of a particular
design, sharing all materials and methods of assembly, but excluding
differences in mattress pad size. A change in existing material, except
an increase in thickness, shall be deemed a difference in materials for
purposes of prototype definition unless it is previously shown to the
satisfaction of the Consumer Product Safety Commission that such change
will not reduce the ignition resistance of the mattress pad prototype.
Ticking materials may be substituted in accordance with Sec. 1632.6.
Tape edge materials may be substituted in accordance with Sec. 1632.7.
(l) Surface means one side of a mattress or mattress pad which is
intended for sleeping upon and which can be tested.

Sec. 1632.2 Purpose, scope, and applicability.

(a) Purpose. (1) This standard prescribes requirements for testing
of prototype designs of mattresses and mattress pads before the sale in
commerce or the introduction in commerce of any mattress or mattress pad
which is subject to the standard. The standard prescribes a test to
determine the ignition resistance of a mattress or a mattress pad when
exposed to a lighted cigarette.
(2) The standard sets forth a test at Sec. 1632.6 which may be used
to classify ticking materials for resistance to cigarette ignition.
(3) The standard sets forth a test at Sec. 1632.7 which may be used
to demonstrate that the substitution of tape edge materials will not
reduce the ignition resistance of a mattress prototype or a mattress pad
prototype.
(b) Scope. (1) All mattresses, as defined in Sec. 1632.1(a), and all
mattress pads, as defined in Sec. 1632.1(b), manufactured or imported
after the effective date of this amendment are subject to the
requirements of the standard as amended.
(2) All mattresses, as defined in Sec. 1632.1(a), and all mattress
pads, as defined in Sec. 1632.1(b), manufactured or imported after June
22, 1973, and before the effective date of this amendment are subject to
those requirements of the Standard for the Flammability of Mattresses
(and Mattress Pads) (16 CFR part 1632) which were in effect before the
effective date of this amendment.
(3) Manufacturers or importers desiring to use the ticking
substitution procedure provided in Sec. 1632.6 may classify the ticking
being used on each mattress prototype before or after the effective date
of this amendment using the test procedure set forth in that section.
(4) One-of-a-kind mattresses and mattress pads may be excluded from
testing under this standard in accordance with rules established by the
Consumer Product Safety Commission. (See Sec. 1632.31(f): exemption for
mattresses and mattress pads prescribed by a physician.)
(c) Applicability. (1) The requirements for prototype testing
prescribed by this

[[Page 717]]

standard are applicable to each ``manufacturer'' (as that term is
defined in Sec. 1632.1(i)) of mattresses or mattress pads subject to the
standard which are manufactured for sale in commerce. The requirements
of this standard for prototype testing are also applicable to all other
persons or firms initially introducing mattresses or mattress pads into
commerce, including importers; each such firm shall be deemed to be a
``manufacturer'' for purposes of this standard.
(2) The test at Sec. 1632.6 for classification of ticking materials
may be used by manufacturers of mattresses or mattress pads and by
manufacturers of ticking materials. The test at Sec. 1632.7 may be used
by manufacturers of mattresses to demonstrate that substitution of tape
edge materials will not reduce ignition resistance of a mattress
prototype or a mattress pad prototype. Use of the tests in
Sec. Sec. 1632.6 and 1632.7 is optional.

Sec. 1632.3 General requirements.

(a) Summary of test method. The method measures the ignition
resistance of a mattress or mattress pad by exposing the surface to
lighted cigarettes in a draft-protected environment. The surfaces to be
tested include smooth, tape edge, and quilted or tufted locations, if
they exist on the mattress or mattress pad surface. A two-sheet test is
also conducted on similar surface locations. In the latter test, the
burning cigarettes are placed between the sheets.
(b) Test criterion. When testing the mattress or mattress pad
surface in accordance with the testing procedure set forth in
Sec. 1632.4 Mattress test procedure, individual cigarette test locations
pass the test if the char length is not more than 2 inches (5.1 cm) in
any direction from the nearest point of the cigarette. In the interest
of safety, the test operator should discontinue the test and record a
failure before reaching the 2 inch char length if an obvious ignition
has occurred.
(c) Pre-market testing. Each manufacturer required to perform
prototype testing by the standard shall perform the testing required by
the standard with acceptable results before selling in commerce or
introducing in commerce any mattress or mattress pad which is subject to
the standard.
(d) Specimen selection and qualification. (1) Each manufacturer
required to perform prototype testing by the standard shall construct or
select enough units of each proposed mattress prototype or proposed
mattress pad prototype to provide six surfaces for testing. A minimum of
three mattresses or mattress pads are required if both sides can be
tested; six mattresses or mattress pads are required if only one side
can be tested. Test each of the six surfaces according to
Sec. 1632.4(d). If all the cigarette test locations on all six mattress
surfaces yield passing results using the criterion specified in
Sec. 1632.3(b), accept the mattress prototype. If all six surfaces of a
mattress pad yield passing results using the criterion in
Sec. 1632.3(b), and all other applicable requirements prescribed by
Sec. 1632.5 are met, accept the mattress pad prototype. If one or more
of the cigarette test locations on any of the six surfaces fail to meet
the test criterion of Sec. 1632.3(b), reject the mattress prototype or
the mattress pad prototype.
(2) Prototype qualification testing may be repeated after action has
been taken to improve the resistance of the mattress prototype or the
mattress pad prototype to cigarette ignition by changes in design,
construction methods, materials selection, or other means. When
prototype qualification is repeated after rejection of a prototype, such
qualification testing shall be conducted in the same manner as original
qualification testing.
(3) Each mattress prototype and each mattress pad prototype must be
accepted in prototype qualification before any mattress or mattress pad
manufactured in accordance with such mattress prototype or mattress pad
prototype is sold in commerce or introduced in commerce. Any
manufacturer required to perform testing by the standard may rely on
prototype tests performed before the effective date of this amended
standard, provided that such tests were conducted in accordance with all
requirements of Sec. Sec. 1632.1(i), 1632.3(d), and 1632.4, and yield
passing results when the test criterion of Sec. 1632.3(b) is applied. If
the

[[Page 718]]

ticking classification test at Sec. 1632.6 is to be used when relying on
prototype tests performed before the effective date of the standard, the
ticking currently used on that mattress prototype must be classified
before substitution of ticking using Sec. 1632.6.
(4) Rejected prototype mattresses or prototype mattress pads shall
not be retested, offered for sale, sold, or promoted for use as a
mattress (as defined in Sec. 1632.1(a)) or for use as a mattress pad (as
defined in Sec. 1632.1(b)) except after reworking to improve the
resistance to ignition by cigarettes, and subsequent retesting and
acceptance of the mattress prototype (as defined in Sec. 1632.1(j)) or
the mattress pad prototype (as defined in Sec. 1632.1(k)).

Sec. 1632.4 Mattress test procedure.

(a) Apparatus and Test Materials--(1) Testroom. The testroom shall
be large enough to accommodate a full-scale mattress in a horizontal
position and to allow for free movement of personnel and air around the
test mattress. The test area shall be draft-protected and equipped with
a suitable system for exhausting smoke and/or noxious gases produced by
testing. The testroom atmospheric conditions shall be greater than 18
deg.C (65 deg.F) and at less than 55 percent relative humidity.
(i) The room shall be equipped with a support system (e.g. platform,
bench) upon which a mattress may be placed flat in a horizontal position
at a reasonable height for making observations.
(ii) If thin flexible mattresses or mattress pads are being testing
the room shall also be equipped with a glass fiberboard test surface.
The glass fiberboard shall be approximately 1 inch (2.5 cm) thick and
have a thermal conductivity of 0.300.05 cal (g) / hr cm\2\
deg.C/cm (0.240.04 Btu/hr ft\2\ deg.F/in) at 23.9 deg.C
(75 deg.F). \1\
---------------------------------------------------------------------------

\1\ Glass fiberboard that meets Federal Specification HH-I-558B is
acceptable. Under this specification, the board must be Form A, Class 1,
and plain faced. Copies of the specifications may be obtained from the
Business Service Centers of the General Services Administration Regional
Offices.
---------------------------------------------------------------------------

(2) Ignition source. The ignition source shall be cigarettes without
filter tips made from natural tobacco, 852 mm long with a
tobacco packing density of 0.2700.02 g/cm\3\ and a total
weight of 1.1gm.
(3) Fire extinguisher. A pressurized water fire extinguisher, or
other suitable fire extinguishing equipment, shall be immediately
available.
(4) Water bottle. A water bottle fitted with a spray nozzle shall be
used to extinguish the ignited portions of the mattress.
(5) Scale. A linear scale graduated in millimeters, 0.1 inch, or \1/
16\ inch divisions shall be used to measure char length.
(6) Sheets or Sheeting Material. White, 100 percent cotton sheets or
sheeting material shall be used. It shall not be treated with a chemical
finish which imparts a characteristic such as permanent press or flame
resistance. It shall have 120-210 threads per square inch and fabric
weight of 3.70.8 oz/yd\2\ (12528 gm/m\2\). The
size of the sheet or sheeting material shall be appropriate for the
mattress being tested.
(7) Other apparatus. In addition to the above, a thermometer, a
relative humidity measuring instrument, a thin rod, straight pins, a
knife or scissors, and tongs are required to carry out the testing.
(b) Test Preparation--(1) Mattress samples. The mattress shall be
removed from any packaging prior to conditioning. The mattress surface
shall be divided laterally into two sections (see fig. 1), one section
for the bare mattress tests and the other for the two-sheet tests.
(2) Sheets or sheeting material. The sheets or sheeting material
shall be laundered once before use in an automatic home washer using the
hot water setting and longest normal cycle with the manufacturer's
recommended quantity of a commercial detergent, and dried in an
automatic home tumble dryer.
(i) The sheet shall be cut across the width into two equal parts
after washing.
(ii) Sheeting material shall be cut in lengths to cover \1/2\ of a
mattress as described in Sec. 1632.4(d)(3).

[[Page 719]]

(3) Cigarettes. Unopened packages of cigarettes shall be selected
for each series of tests. The cigarettes shall be removed from packaging
prior to conditioning.
(c) Conditioning. The mattresses, laundered sheets or sheeting
material, and loose cigarettes shall be conditioned in air at a
temperature greater than 18 deg.C (65 deg.F) and a relative humidity
less than 55 percent for at least 48 continuous hours prior to test. The
mattresses, laundered sheets or sheeting material, and cigarettes shall
be supported in a suitable manner to permit free movement of air around
them during conditioning. The mattress meets this conditioning
requirement if the mattress and/or all its component materials, except
the metallic core, if present, have been exposed only to the above
temperature and humidity conditions for at least 48 continuous hours
prior to testing the mattress.
(d) Testing--(1) General. Mattress specimens shall be tested in a
testroom with atmospheric conditions of a temperature greater than 18
deg.C (65 deg.F) and a relative humidity less than 55 percent. If the
test is not performed in the conditioning room, at least one lit
cigarette shall be placed on the mattress surface within 10 minutes of
removal from the conditioning room. The other side of the mattress shall
be tested immediately after completion of the first side.
(i) At least 18 cigarettes shall be burned on each mattress test
surface, 9 in the bare mattress tests and 9 in the 2-sheet tests. If
three or more mattress surface locations (smooth surface, tape edge,
quilted, or tufted areas) exist in the particular mattress surface under
test, three cigarettes shall be burned on each different surface
location. If only two mattress surface locations exist in the particular
mattress surface under test (tape edge and smooth surface), four
cigarettes shall be burned on the smooth surface and five cigarettes
shall be burned on the tape edge.
(ii) Light and place one cigarette at a time on the mattress
surface. (If previous experience with a similar type of mattress has
indicated that ignition is not likely, the number of cigarettes which
may be lighted and placed on the mattress at one time is left to the
test operator's judgment. The number of cigarettes must be carefully
considered because a smoldering or burning mattress is extremely
hazardous and difficult to extinguish.) The cigarettes must be
positioned no less than 6 inches apart on the mattress surface. Each
cigarette used as an ignition source shall be well lighted but not
burned more than 4 mm (0.16 inch) when placed on the mattress. (Fire
extinguishing equipment must be readily available at all times.)
(iii) If a cigarette extinguishes before burning its full length on
any mattress surface location, pops out of position when tested on a
tuft, or rolls off a test location, the test must be repeated with a
freshly lit cigarette on a different portion of the same type of
location on the mattress surface until either: the number of cigarettes
specified in Sec. 1632.4(d)(1)(i) have burned their full lengths; the
number of cigarettes specified in Sec. 1632.4(d)(1)(i) have extinguished
before burning their full lengths; or failure has occurred according to
Sec. 1632.3(b) Test criterion.
(2) Bare mattress tests--(i) Smooth surface. Each burning cigarette
shall be placed directly on a smooth surface location on the test
surface on the half reserved for bare mattress tests. The cigarettes
should burn their full lengths on a smooth surface without burning
across a tuft, or stitching of a quilted area. However, if this is not
possible because of mattress design, then the cigarettes shall be
positioned on the mattress in a manner which will allow as much of the
butt ends as possible to burn on smooth surfaces. Report results for
each cigarette as pass or fail as defined in the test criterion (see
Sec. 1632.3(b)). CAUTION: Even under the most carefully observed
conditions, smoldering combustion can progress to the point where it
cannot be readily extinguished. It is imperative that a test be
discontinued as soon as ignition has definitely occurred. Immediately
wet the exposed area with a water spray (from water bottle), cut around
the burning material with a knife or scissors and pull the material out
of the mattress with tongs. Make sure that all charred or burned
material is removed. Ventilate the room.

[[Page 720]]

(ii) Tape edge. Each burning cigarette shall be placed in the
depression between the mattress top surface and the tape edge, parallel
to the tape edge of the half of the test surface reserved for bare
mattress tests. If there is only a seam or no depression at the edge,
support the cigarettes in place along the edge and parallel to the edge
with straight pins. Three straight pins may be inserted through the edge
at a 45 deg. angle such that one pin supports the cigarette at the
burned end, one at the center, and one at the butt. The heads of the
pins must be below the upper surface of the cigarette (see fig. 2).
Report results for each cigarette as pass or fail as defined in the test
criterion (see Sec. 1632.3(b)).
[GRAPHIC] [TIFF OMITTED] TC03OC91.097

[GRAPHIC] [TIFF OMITTED] TC03OC91.098

(iii) Quilted location. If quilting exists on the test surface, each
burning cigarette shall be placed on quilted locations of the test
surface. The cigarettes shall be positioned directly over the thread or
in the depression created by the quilting process on the half of the
test surface reserved for bare mattress tests. If the quilt design is
such that the cigarettes cannot burn their full lengths over the thread
or depression, then the cigarettes shall be positioned in a manner which
will allow as much of the butt ends as possible to burn on the thread or
depression. Report results for each cigarette as pass or fail as defined
in the test criterion (see Sec. 1632.3(b)).

[[Page 721]]

(iv) Tufted location. If tufting exists on the test surface, each
burning cigarette shall be placed on tufted locations of the test
surface. The cigarettes shall be positioned so that they burn down into
the depression caused by the tufts and so that the butt ends of the
cigarettes burn out over the buttons or laces used in the tufts or the
depressions made by the tufts on the half of the test surface reserved
for bare mattress tests. Report results for each cigarette as pass or
fail as defined in the test criterion (see Sec. 1632.3(b)).
(3) Two-sheet tests. Spread a section of sheet or sheeting material
smoothly over the mattress surface which has been reserved for the two-
sheet test and tuck under the mattress. Care must be taken that hems or
any other portion of the sheet which is more than one fabric thickness,
is neither directly under nor directly over the test cigarette in the
two-sheet test.
(i) Smooth surfaces. Each burning cigarette shall be placed directly
on the sheet covered mattress in a smooth surface location as defined in
the bare mattress test. Immediately cover the first sheet and the
burning cigarette loosely with a second, or top sheet (see fig. 2). Do
not raise or lift the top sheet during testing unless obvious ignition
has occurred or until the cigarette has burned out. Whether a cigarette
has extinguished may be determined by holding the hand near the surface
of the top sheet over the test location. If no heat is felt or smoke
observed, the cigarette has burned out. If ignition occurs, immediately
remove the sheets and cigarette and follow the cautionary procedures
outlined in the bare mattress test. Report results for each cigarette as
pass or fail as defined in the test criterion (see Sec. 1632.3(b)).
(ii) Tape edge. (A) Each burning cigarette shall be placed in the
depression between the top surface and the tape edge on top of the
sheet, and immediately covered with a second sheet. It is important the
air space be eliminated, as much as possible, between the mattress and
the bottom sheet at the test location before testing. Depress the bottom
sheet into the depression using a thin rod or other suitable instrument.
(B) In most cases, the cigarettes will remain in place throughout
the test. However, if the cigarettes show a marked tendency to roll off
the tape edge location, they may be supported with straight pins. Three
straight pins may be inserted through the bottom sheet and tape at a
45 deg. angle such that one pin supports the cigarette at the burning
end, one at the center, and one at the butt. The heads of the pins must
be below the upper surface of the cigarette (see fig. 2). Report results
for each cigarette as pass or fail as defined in the test criterion (see
Sec. 1632.3(b)).
(iii) Quilted locations. If quilting exists on the test surface,
each burning cigarette shall be placed in a depression caused by
quilting, directly over the thread and on the bottom sheet, and
immediately covered with the top sheet. It is important that the air
space be eliminated, as much as possible, between the mattress and the
bottom sheet at the test location before testing. Depress the bottom
sheet into the depression using a thin rod or other suitable instrument.
If the quilt design is such that the cigarettes cannot burn their full
lengths over the thread or depression, then the cigarettes shall be
positioned in a manner which will allow as much of the butt ends as
possible to burn on the thread or depresssion. Report results for each
cigarette as pass or fail as defined in the test criterion (see
Sec. 1632.3(b)).
(iv) Tufted locations. If tufting exists on the test surface, each
burning cigarette shall be placed in the depression caused by tufting,
directly over the tuft and on the bottom sheet, and immediately covered
with the top sheet. It is important that the air space be eliminated, as
much as possible, between the mattress and the bottom sheet at the test
location before testing. Depress the bottom sheet into the depression
using a thin rod or other suitable instrument. The cigarettes shall be
positioned so that they burn down into the depression caused by the tuft
and so that the butt ends of the cigarettes burn out over the buttons or
laces, if used in the tufts. Report results for each cigarette as pass
or fail as defined in the test criterion (see Sec. 1632.3(b)).

[[Page 722]]

(e) Records. Records of all prototype test results, and the
disposition of rejected prototypes shall be maintained by the person or
firm required to perform testing by the standard in accordance with
Sec. 1632.31(c).

Sec. 1632.5 Mattress pad test procedure.

(a) Testing. All mattress pads shall be tested, in the condition in
which they are intended to be sold, according to Sec. 1632.4 Mattress
test procedure, using the glass fiberboard substrate.
(b) Flame resistant mattress pads. The following additional
requirements shall be applicable to mattress pads which contain a
chemical fire retardant.
(1) These mattress pads shall be tested in accordance with
Sec. 1632.4 Mattress test procedure after they have been washed and
dried 10 times as described in Sec. 1632.5(b)(2).
(i) Such laundering is not required of mattress pads which are
intended for one time use and/or are not intended to be laundered, as
determined by the Consumer Product Safety Commission.
(ii) Mattress pads which are not susceptible to being laundered and
are labeled ``dryclean only'' shall be drycleaned by a procedure which
has previously been found acceptable by the Consumer Product Safety
Commission.
(2) Laundering procedure. (i) Washing shall be performed in
accordance with sections 8.2.2 and 8.2.3 of AATCC Test Method 124-1996,
using wash temperature V (60 deg. 3 deg.C, 140 deg.
5 deg.F) 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.
(ii) Drying shall be performed in accordance with section 8.3.1(A)
of AATCC Test Method 124-1996 ``Appearance of Fabrics after Repeated
Home Laundering,'' Tumble Dry, using the exhaust temperature (66 deg.
5 deg.C, 150 deg. 10 deg.F) and cool down time
of 10 minutes specified in the ``Durable Press'' conditions of Table IV.
(iii) Maximum washer load shall be 3.64 Kg (8 pounds) and may
consist of any combination of test samples and dummy pieces.
(iv) AATCC Test Method 124-1996 ``Appearance of Fabrics after
Repeated Home Laundering,'' is found in Technical Manual of the American
Association of Textile Chemists and Colorists, vol. 73, 1997, which is
incorporated by reference. Copies of this document are available from
the American Association of Textile Chemists and Colorists, P.O. Box
12215, Research Triangle Park, North Carolina 27709. This document is
also available for inspection at the Office of the Federal Register, 800
North Capitol Street, NW., Suite 700, Washington, DC. This incorporation
by reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
(v) A different number of wash and dry cycles using another
procedure may be specified and used, if that procedure has previously
been found to be equivalent by the Consumer Product Safety Commission.
(3) Labeling--(i) Treatment label. If a mattress pad contains a
chemical fire retardant, it shall be labeled with the letter ``T''
pursuant to rules and regulations established by the Consumer Product
Safety Commission.
(ii) Care label. All mattress pads which contain a chemical fire
retardant treatment shall be labeled with precautionary instructions to
protect the pads from agents or treatments which are known to cause
deterioration of their flame resistance. Such labels shall be permanent
and otherwise in accordance with rules and regulations established by
the Consumer Product Safety Commission in Sec. 1632.31(b).
(iii) Exception. One time use products as defined in
Sec. 1632.5(b)(1)(i) are not subject to these labeling requirements.

[49 FR 39796, Oct. 10, 1984, as amended at 65 FR 12938, Mar. 10, 2000]

Sec. 1632.6 Ticking substitution procedure.

(a) This procedure may be used to verify acceptable equivalency if a
mattress or mattress pad manufacturer wishes to change the ticking used
on a particular mattress or mattress pad prototype without conducting a
prototype test as specified in Sec. 1632.4 or Sec. 1632.5. The procedure
includes a ticking classification test that may be used by a ticking,
mattress or mattress pad manufacturer or by a distributor of ticking.

[[Page 723]]

(b) Definitions. For the purpose of this section the following
definitions apply in addition to those in Sec. 1632.1.
(1) Mattress ticking prototype. Means a ticking of a specific
construction, color, or combination of colors or color pattern, weave
pattern design, finish application, fiber content, and weight per unit
area. With respect to film-coated ticking, a mattress ticking prototype
means in addition to the factors listed above, a given method of
application, chemical formula, and thickness of application of film
coating. With respect to a quilted ticking, a mattress ticking prototype
means the combination of a specific ticking as described above; a
specific filling, thickness, density, and chemical composition; a
specific thread; a specific method of quilting; and a specific backing
fabric construction, weave, finish, fiber content, and weight.
(2) Mattress pad ticking prototype (i) Means a ticking of a specific
construction, color, or combination of colors or color pattern, weave
pattern design, finish application, fiber content, and weight per unit
area. With respect to film-coated ticking, a mattress pad ticking
prototype means in addition to the factors listed above, a given method
of application, chemical formula, and thickness of application of film
coating.
(ii) Quilted ticking is excluded from this definition. Therefore,
the following procedures may not be used to substitute quilted ticking
used on or as a mattress pad.
(c) Scope and application. (1) This procedure provides an
independent evaluation of the cigarette ignition characteristics of
ticking and for the classification of ticking into one of three
performance classes. Class A represents tickings evaluated as acting as
barriers against cigarette ignition; Class B represents tickings
evaluated as having no effect on cigarette ignition; and Class C
represents tickings evaluated as having the potential, in some manner,
to act as a contributor to cigarette ignition.
(2) Substitution of any ticking which has been evaluated as Class A
using the procedure in this Sec. 1632.6 for any other ticking material
shall not be a ``difference in materials'' as that phrase is used in
Sec. Sec. 1632.1 (j) and (k). Consequently, any ticking material
evaluated as Class A under this test procedure may be used on any
qualified mattress prototype or on any qualified mattress pad prototype
without conducting new prototype tests.
(3) Substitution of any ticking which has been evaluated as Class B
using the procedure in this Sec. 1632.6 for the ticking material used on
any mattress prototype or on any mattress pad prototype which was
qualified in prototype testing with a testing material evaluated as
Class B or a Class C shall not be a ``difference in materials'' as that
phrase is used in Sec. Sec. 1632.1 (j) and (k). Consequently, any
ticking material evaluated as Class B under this test procedure may be
used on any mattress or mattress pad which wa qualified in prototype
testing with a Class B or Class C ticking material without conducting
new prototype tests. However, if Class B ticking material is to be used
on any mattress or mattress pad which was qualified in prototype testing
with a Class A ticking material, the mattress prototype or mattress pad
prototype must be requalified, using a Class B ticking.
(4) A ticking material which has been evaluated as Class C using the
procedure in this Sec. 1632.6 may be used only on a mattress or mattress
pad which was qualified in prototype testing with that particular Class
C ticking material. Consequently, a ticking material evaluated as Class
C under this test procedure may not be used on any mattress or mattress
pad which was qualified in prototype testing using another Class C
ticking material, or a Class A or Class B ticking material, without
conducting new prototype tests.
(d) General requirements. (1) This procedure is a ticking prototype
performance classification test. Ticking not classified according to
this procedure may be used on mattresses or mattress pads if the
mattress prototype or mattress pad prototype has been qualified
utilizing the unclassified ticking in question.
(2) Test criterion. (i) Cigarette--An individual cigarette test
location passes the test if the char length is not more than 1 inch
(2.54 cm) in any direction

[[Page 724]]

from the nearest point of the cigarette, and the cotton felt is not
ignited.
CAUTION: In the interest of safety, the test operator should
discontinue the test and record a failure before reaching the 1 inch
(2.54 cm) char length if, in his opinion, an obvious ignition has
occurred.
(ii) Test Specimen--An individual test specimen passes the test if
all three cigarette test locations meet the cigarette test criterion of
this paragraph.
(3) Specimen selection. Three specimens shall be used for each
ticking prototype classification test, with each specimen measuring no
less than 20 inches by 20 inches (50.8 cm x 50.8 cm) square. The three
specimens shall be selected from any fabric piece taken from a ticking
prototype. The specimens shall be representative of the ticking
prototype.
(4) Ticking classification. A ticking prototype is classified as
Class A, Class B, or Class C, in accordance with the following
schedules.
(i) Class A--A ticking prototype is classified as Class A when three
specimens, tested in accordance with Sec. 1632.6(e), meet the test
criterion in Sec. 1632.6(d)(2) when the ticking is tested directly over
the cotton felt on the test box.
(ii) Class B--A ticking prototype is classified as Class B when
three specimens, tested according to Sec. 1632.6(e), meet the test
criterion in Sec. 1632.6(d)(2) when the ticking is tested on a \1/4\
inch \1/32\ inch (6.3 mm .8 mm) thick urethane
foam pad covering the cotton felt on the test box.
(iii) Class C--A ticking prototype is classified as Class C when any
specimen tested according to Sec. 1632.6(e), fails to meet the test
criterion in Sec. 1632.6(d)(2) when the ticking is tested on a \1/4\
inch \1/32\ inch (6.3 mm .8 mm) thick urethane
foam pad covering the cotton felt on the test box.
(e) Test procedure--(1) Apparatus. For the purpose of this section
the following apparatus and materials are required in addition to that
which is listed in Sec. 1632.4 (a) and (b).
(i) Sheet and sheeting material. Test covers made from sheets or
sheeting material shall not be less than 12 inches by 12 inches (30.48
cm by 30.48 cm) square.
(ii) Template. Designed to allow for a one inch marking around the
placement of the cigarette (see figure 3). Use of this template is
optional.
(iii) Stapler or masking tape or other means of attachment to secure
fabric to test box.
(iv) Mounting box. A 6 inch deep, 12 inch square plywood box. The
box contains two \1/2\ inch in diameter ventilation holes. (See figure
4.)
(v) Cotton felt. (A) The cotton felt shall be a thoroughly-garnetted
mixture of all new material consisting of not less than 67% linters and
of not more than 33% clean picker blend or equivalent binder and not
more than 5% non-cellulosic total content. The felt shall not be
bleached, moistened or chemically treated in any way.
(B) The felt may be re-used repeatedly after completion of each test
by removing all of the smoldering, charred, heat-discolored fibers, or
fibers exposed to water as a result of extinguishing the cotton ignited
by previous test.
(vi) Urethane foam. The urethane foam shall have a density of 1.2 to
1.5 pounds per cubic foot, an indention load deflection of 22 to 35
pounds, with each test specimen measuring no less than 12 inches by 12
inches (30.48 cm by 30.48 cm) square, having a thickness of \1/4\ inch
\1/32\ inch (6.3 mm .8 mm). The foam shall not
be treated with a flame retardant chemical.
(2) Conditioning. The test specimens, cigarettes, laundered sheets
or sheeting material, foam and felt shall be conditioned as described in
Sec. 1632.4(c).
(3) Specimen preparation. (i) Place 907.24 grams (two
pounds) of cotton felt in the test box, allowing the felt to protrude
above the opening of the box to a height of up to 3 inches (7.62 cm) at
the crown.
(ii) For the first part of this test, place a 12 inches by 12 inches
(30.48 cm by 30.48 cm) square urethane foam pad on top of the cotton
felt. Stretch the ticking specimen over the foam pad and fasten it to
the sides of the test box using a stapler or tape. Be careful to avoid
wrinkles in the fabric and have sufficient tautness to assure firm
contact between the fabric and the filling materials in the test box.

[[Page 725]]

(4) Testing. (i) Ticking specimens shall be tested in a testroom
with atmospheric conditions of a temperature greater than 18 deg.C (65
deg.F) and a relative humidity less than 55%.
(ii) Three cigarettes shall be burned on each ticking specimen, with
no more than one cigarette burning at any time. At least one cigarette
shall be placed on the most prominent part of the color and weave
pattern design in the ticking. If the ticking is quilted, one cigarette
shall be placed over the thread or in the depression created by the
quilting process. Each cigarette must be positioned no less than two
inches (5.08 cm) from any other cigarette or the edge of the box.
(iii) Light and place one cigarette on the test specimen.
Immediately cover the burning cigarette with a sheet test cover. The
cigarette shall be well lighted but not burned more than 4 mm (0.16
inch) when placed on the test specimen. The cigarette may be supported
by three straight pins such that one pin supports the cigarette at the
burning end, one at the center and one at the butt. The heads of the
pins must be below the upper surface of the cigarette. Upon completion
of the three cigarette burns and removal of the fabric and foam
specimens, remove all of the char or heat discoloration on the cotton
felt as stated in Sec. 1632.6(e)(v)(B). Fresh new felt shall be added to
replace the discarded fibers in the amount necessary to maintain the
full 907.24 grams (two pounds) of felt for each test.
(iv) If the cigarette extinguishes before burning its full length,
the test must be repeated with a freshly lit cigarette on a different
portion of the ticking specimen until either three cigarettes have
burned their full lengths or three cigarettes have extinguished. Report
result for each cigarette as pass or fail as defined in Test Criterion
Sec. 1632.6(d)(2). An obvious ignition is recorded as a failure.
(v) If ignition occurs with any of the three cigarette burns on the
ticking specimen, terminate testing of that specimen and classify
according to Sec. 1632.6(d)(4).
(vi) If all cigarette test locations meet the Test Criterion in
Sec. 1632.6(d)(2), repeat procedure outlined in Sec. 1632.6(e)(4)(iii)
for the second part of the test with new ticking specimens that will be
retested directly over the cotton felt, without the urethane foam pad.
Remove the urethane foam pad and charred or heat discolored area from
the cotton felt as specified in Sec. 1632.6(e)(v)(B) prior to testing.
Record the test results as pass or fail as defined in Test Criterion
Sec. 1632.6(d)(2) and classify according to Sec. 1632.6(d)(4).
(5) Records. Records of any ticking classification test results
relied upon by the mattress or mattress pad manufacturer or importer
shall be maintained in accordance with rules and regulations established
by the Consumer Product Safety Commission in Sec. 1632.31(c). As
provided by Sec. 1632.31(c)(6), manufacturers or importers of mattresses
or mattress pads may rely on a certification of compliance with this
section of the standard provided by the ticking manufacturer or
distributor; however, if a mattress or mattress pad fails to comply with
the standard, the mattress or mattress pad manufacturer or importer must
assume full responsibility under the standard. The Commission has no
authority under this standard to compel ticking manufacturers or
distributors to comply with this section or to establish, maintain and
provide upon request, the records specified in Sec. 1632.31(c).

[[Page 726]]

[GRAPHIC] [TIFF OMITTED] TC03OC91.099

[[Page 727]]

[GRAPHIC] [TIFF OMITTED] TC03OC91.100

[[Page 728]]

Sec. 1632.7 Tape edge substitution procedure.

(a) Sections 1632.1 (j) and (k) provide in part that ``a change in
existing material shall be deemed a difference in materials for purposes
of prototype definition unless it is shown to the satisfaction of the
Consumer Product Safety Commission that such change will not reduce the
ignition resistance'' of the mattress prototype or the mattress pad
prototype.
(b) The Commission will regard a showing ``to the satisfaction of
the Consumer Product Safety Commission'' to have been made with respect
to materials substitution of items such as flange materials and tapes at
the tape edge under the following circumstances:
(1) The mattress or mattress pad prototype has been qualified
previously under the provisions of Sec. 1632.3; and
(2) A substitution of materials involving only tape edge
construction is contemplated; and
(3) A prototype mattress or mattress pad incorporating the
substitute materials has been tested in accordance with applicable
procedures in Sec. 1632.4 by placing 36 cigarettes (18 per

surface--9 bare and 9 two-sheet) at tape edge locations with no test
failure as determined by applying the test criterion of Sec. 1632.3(b);
and
(4) Records are maintained setting forth the details of the
materials substitution and showing the results of the testing referred
to in paragraph (b)(3) of this section. The records are to be maintained
in accordance with regulations established by the Consumer Product
Safety Commission (see Sec. 1632.31).

Sec. 1632.8 Glossary of terms.

(a) Absorbent pads. Pad used on top of mattress. Designed to absorb
urine thereby reducing skin irritation, can be one time use.
(b) Basket pad. Cushion for use in an infant basket.
(c) Bunk beds. A tier of beds, usually two or three, in a high frame
complete with mattresses (see fig. 5).
(d) Car bed. Portable bed used to carry a baby in an automobile.
(e) Carriage pad. Cushion to go into a baby carriage.
(f) Chaise lounge. An upholstered couch chair or a couch with a
chair back. It has a permanent back rest, no arms, and sleeps one (see
fig. 5).
(g) Convertible sofa. An upholstered sofa that converts into an
adult sized bed. Mattress unfolds out and up from under the seat
cushioning (see fig. 5).
(h) Convoluted foam pad. A bed pad made of foam in an egg-crate
configuration not encased in ticking.
(i) Corner groups. Two twin size bedding sets on frames, usually
slipcovered, and abutted to a corner table. They also usually have loose
bolsters slipcovered (see fig. 5).
(j) Crib bumper. Padded cushion which goes around three or four
sides inside a crib to protect the baby. Can also be used in a playpen.
(k) Daybed. Daybed has foundation, usually supported by coil or flat
springs, mounted between arms on which mattress is placed. It has
permanent arms, no backrest, and sleeps one (see fig. 5).
(l) Decubitus pad. Designed to prevent or assist in the healing of
decubitus ulcers (bed sores). Flat decubitus pads are covered by the
standard. Convoluted decubitus pads made entirely from foam are not
covered by the standard.
(m) Dressing table pad. Pad to cushion a baby on top of a dressing
table.
(n) Drop-arm loveseat. When side arms are in vertical position, this
piece is a loveseat. The adjustable arms can be lowered to one of four
positions for a chaise lounge effect or a single sleeper. The vertical
back support always remains upright and stationary (see fig. 5).
(o) Futon. A flexible mattress generally used on the floor that can
be folded or rolled up for storage. It usually consists of resilient
material covered by ticking.
(p) High riser. This is a frame of sofa seating height with two
equal size mattresses without a backrest. The frame slides out with the
lower bed and rises to form a double or two single beds (see fig. 5).
(q) Infant carrier and lounge pad. Pad to cushion a baby in an
infant carrier.
(r) Mattress foundation. Consists of any surface such as foam, box
springs or other, upon which a mattress is

[[Page 729]]

placed to lend it support for use in sleeping upon.
(s) Pillow. Cloth bag filled with resilient material such as
feathers, down, sponge rubber, urethane, or fiber used as the support
for the head of a person.
(t) Playpen pad. Cushion used on the bottom of a playpen.
(u) Portable crib. Smaller size than a conventional crib. Can
usually be converted into a playpen.
(v) Press-back lounges. Longer and wider than conventional sofa
beds. When the lounge seat is pressed lightly, it levels off to form,
with the seat, a flat sleeping surface. The seat slopes, in the sitting
position, for added comfort (see fig. 5).
(w) Push-back sofa. When pressure is exerted on the back of the
sofa, it becomes a bed. When the back is lifted, it becomes a sofa
again. Styled in tight or loose cushions (see fig. 5).
(x) Roll-away-bed. Portable bed which has frame which folds in half
with the mattress for compact storage.
(y) Sleep lounge. Upholstered seating section is mounted on a sturdy
frame. May have bolster pillows along the wall as backrests or may have
attached headrests (see fig. 5).
(z) Stroller pad. Cushion used in a baby stroller.
(aa) Sofa bed. These are pieces in which the back of the sofa swings
down flat with the seat to form the sleeping surface. All upholstered.
Some sofa beds have bedding boxes for storage of bedding. There are two
types: the one-piece, where the back and seat are upholstered as a unit,
supplying an unbroken sleeping surface; and the two-piece, where back
and seat are upholstered separately (see fig. 5).
(bb) Sofa lounge--(includes glideouts). Upholstered seating section
is mounted on springs and in a special frame that permit it to be pulled
out for sleeping. Has upholstered backrest bedding box that is hinged.
Glideouts are single sleepers with sloping seats and backrests. Seat
pulls out from beneath back and evens up to supply level sleeping
surface (see fig. 5).
(cc) Studio couch. Consists of upholstered seating section on
upholstered foundation. Many types convert to twin beds (see fig. 5).
(dd) Studio divan. Twin size upholstered seating section with
foundation is mounted on metal bed frame. Has no arms or backrest, and
sleeps one (see fig. 5).
(ee) Trundle bed. A low bed which is rolled under a larger bed. In
some lines, the lower bed springs up to form a double or two single beds
as in a high riser (see fig. 5).
(ff) Twin studio divan. Frames which glide out (but not up) and use
seat cushions, in addition to upholstered foundation to sleep two. Has
neither arms nor back rest (see fig. 5).

[[Page 730]]

[GRAPHIC] [TIFF OMITTED] TC03OC91.101

Effective date: The amended standard shall become effective on April
10, 1985. As required by section 4(b) of the Flammable Fabrics Act (15
U.S.C. 1193(b)), mattresses and mattress pads which are in inventory or
with the trade on the effective date of the amended standard are exempt
from its requirements, but must comply with all applicable requirements
of the original standard.

Subpart B--Rules and Regulations

Sec. 1632.31 Mattresses/mattress pads--labeling, recordkeeping, guaranties and ``one of a kind'' exemption.

(a) Definitions. For the purposes of this section, the following
definitions apply:
(1) Standard for the Flammability of Mattresses or Standard means
the Standard for the Flammability of Mattresses and Mattress Pads (FF 4-
72, amended), (16 CFR part 1632, subpart A).

[[Page 731]]

(2) The definition of terms set forth in the Sec. 1632.1 of the
Standard shall also apply to this section.
(b) Labeling. (1) All mattress pads which contain a chemical fire
retardant shall be labeled with precautionary instructions to protect
the pads from agents or treatments which are known to cause
deterioration of their flame resistance. Such labels shall be permanent,
prominent, conspicuous, and legible.
(2) If a mattress pad contains a chemical fire retardant, it shall
be prominently, conspicuously, and legibly labeled with the letter
``T''.
(3) Each mattress or mattress pad subject to the Standard shall bear
a permanent, accessible, and legible label containing the month and year
of manufacture and the location of the manufacturer. (See Sec. 1632.1(i)
of the Amended Standard.)
(4) The information required on labels by this section shall be set
forth separately from any other information appearing on such label.
Other information, representations, or disclosures, appearing on labels
required by this section or elsewhere on the item, shall not interfere
with, minimize, detract from, or conflict with the required information.
(5) No person, other than the ultimate consumer, shall remove or
mutilate, or cause or participate in the removal or mutilation of, any
label required by this section to be affixed to any item.
(6) Products intended for one time use (see Sec. 1632.5(b)(1)(i))
are not subject to the requirements of paragraphs (1) and (2) of this
Sec. 1632.31(b).
(c) Records--manufacturers, importers, or persons initially
introducing items into commerce. Every manufacturer, importer, or other
person initially introducing into commerce mattresses or mattress pads
subject to the standard, irrespective of whether guarantees are issued
relative thereto, shall maintain the records hereinafter specified.
(1) Manufacturing specifications and description of each mattress or
mattress pad prototype with an assigned prototype identification number.
(2) Test results and details of each prototype test performed in
accordance with Sec. 1632.4 or Sec. 1632.5, including prototype
identification number, ticking classification if known, test room
condition, cigarette locations, number of relights for each location,
whether each cigarette location passed or failed, name and signature of
person conducting the test and date of test. These records shall include
a certification by the person overseeing the testing as to the test
results and that the test was carried out in accordance with the
Standard.
(3) Photograph (color or black and white) of the bare surface of
each mattress or mattress pad tested, in accordance with Sec. 1632.4 or
Sec. 1632.5, with the prototype identification number of the mattress or
mattress pad and a clear designation as to which part of the mattress or
mattress pad was sheeted and which part was tested bare.
(4) Records to support any determination that a particular material,
other than the ticking or tape edge material used in a mattress or
mattress pad prototype, did not influence the ignition resistance of the
prototype and could be substituted by another material. Such record
should include photographs or physical specimens.
(5) Manufacturing specifications and description of any new ticking
or tape edge material substituted in accordance with Sec. 1632.6 or
Sec. 1632.7, with the identification number of the prototype involved.
(6) The test results and details of any ticking classification test
conducted in accordance with Sec. 1632.6, including the ticking
classification (A, B, or C), the test room condition, the number of
relights, whether each cigarette location passed or failed, the name and
signature of the person conducting the test and the date of the test, or
a certification from the ticking supplier. The certification should
state the ticking classification and that the ticking was tested in
accordance with Sec. 1632.6.
(7) The test results and details of any test of tape edge materials
conducted in accordance with Sec. 1632.7, including prototype
identification number, test room condition, number of relights, whether
each cigarette passed or failed, name and signature of person conducting
the test and date of test. The record shall include a certification by
the person overseeing the testing as to

[[Page 732]]

the test results and that the test was carried out in accordance with
Sec. 1632.7.
(8) Photograph (color or black and white) of the bare surface of
each mattress or mattress pad tested in accordance with Sec. 1632.7,
with the prototype identification number of the mattress or mattress pad
and a clear designation as to which part of the mattress or mattress pad
was sheeted and which part was tested bare.
(9) Details of any approved alternate laundering procedure used in
laundering mattress pads required by the Standard to be laundered during
testing.
(10) Identification, composition, and details of the application of
any flame retardant treatments employed relative to mattress pads or
mattress pad components.
(11) Disposition of all failing or rejected prototype mattress or
mattress pads. Such records must demonstrate that the items were
retested and reworked in accordance with the Standard prior to sale or
distribution and that such retested or reworked mattresses or mattress
pads comply with the Standard, or must otherwise show the disposition of
such items.
(12) The records required by this paragraph shall be maintained for
as long as the prototype is in production, the ticking is being used on
the mattresses or mattress pad prototype, and/or the tape edge material
is being used on the mattress or mattress pad prototype, and shall be
retained for 3 years thereafter.
(d) Tests for guaranty purposes. Reasonable and representative tests
for the purpose of issuing a guaranty under section 8 of the Act for
mattress or mattress pads subject to the Standard shall be those
prototype and substitution tests performed, pursuant to the requirements
of the Standard.
(e) Compliance with this section. No person subject to the Flammable
Fabrics Act shall manufacture for sale, import, distribute, or otherwise
market or handle any mattress or mattress pad which is not in compliance
with Sec. 1632.31.
(f) ``One of a kind'' exemption for physician prescribed mattresses
and mattress pads. (1) A mattress or mattress pad manufactured in
accordance with a physician's written prescription or manufactured in
accordance with other comparable written medical therapeutic
specification, to be used in connection with the treatment or management
of a named individual's physical illiness or injury, shall be considered
a ``one of a kind mattress'' and shall be exempt from testing under the
Standard pursuant to Sec. 1632.2(b)(4) thereof: Provided, that the
mattress bears a permanent, conspicuous and legible label which states:
WARNING: This mattress or mattress pad may be subject to ignition
and hazardous smoldering from cigarettes. It was manufactured in
accordance with a physician's prescription and has not been tested under
the Federal Standard for the Flammability of Mattresses (FF 4-72).

Such labeling must be attached to the mattress or mattress pad so as to
remain on or affixed thereto for the useful life of the mattress or
mattress pad. The label must be at least 40 square inches (250 sq. cm)
with no linear dimension less than 5 inches (12.5 cm). The letters in
the word ``WARNING'' shall be no less than 0.5 inch (1.27 cm) in height
and all letters on the label shall be in a color which contrasts with
the background of the label. The warning statement which appears on the
label must also be conspicuously displayed on the invoice or other sales
papers that accompany the mattress in commerce from the manufacturer to
the final point of sale to a consumer.
(2) The manfacturer of a mattress or mattress pad exempted from
testing under this paragraph shall, in lieu of the records required to
be kept by paragraph (c) of this section, retain a copy of the written
prescription or other comparable written medical therapeutic
specification for such mattress or mattress pad during a period of three
years, measured from the date of manufacture.
(3) For purposes of this regulation the term physician shall mean a
physician, chiropractor or osteopath licensed or otherwise permitted to
practice by any State of the United States.

[[Page 733]]

Subpart C--Interpretations and Policies

Sec. Sec. 1632.61-1632.62 [Reserved]

Sec. 1632.63 Policy clarification on renovation of mattress.

(a) Section 3 of the Flammable Fabrics Act (15 U.S.C. 1192)
prohibits, among other things, the ``manufacture for sale'' of any
product which fails to conform to an applicable standard issued under
the act. The standard for the Flammability of Mattresses, as amended (FF
4-72) (subpart A of this part), issued pursuant to the act, provides
that, with certain exceptions, mattress must be tested according to a
prescribed method. The standard does not exempt renovation; nor does it
specifically refer to renovation.
(b) The purpose of this document is to inform the public that
mattresses renovated for sale are considered by the Commission to be
mattresses manufactured for sale and, therefore, subject to the
requirements of the Mattress Standard. The Commission believes that this
policy clarification will better protect the public against the
unreasonable risk of fires leading to death, personal injury or
significant property damage, and assure that purchasers of renovated
mattresses receive the same protection under the Flammable Fabrics Act
as purchasers of new mattresses.
(c) For purposes of this document, mattress renovation includes a
wide range of operations. Replacing the ticking or batting, stripping a
mattress to its springs, rebuilding a mattress, or replacing components
with new or recycled materials, are all part of the process of
renovation. Any one, or any combination of one or more, of these steps
in mattress renovation is considered to be mattress manufacture.
(d) If the person who renovates the mattress intends to retain the
renovated mattress for his or her own use, or if a customer or a
renovator merely hires the services of the renovator and intends to take
back the renovated mattress for his or her own use, ``manufacture for
sale'' has not occurred and such a renovated mattress is not subject to
the mattress standard.
(e) However, if a renovated mattress is sold or intended for sale,
either by the renovator or the owner of the mattress who hires the
services of the renovator, such a transaction is considered to be
``manufacture for sale''.
(f) Accordingly, mattress renovation is considered by the Commission
to be ``manufacture for sale'' and, therefore, subject to the Mattress
Standard, when renovated mattresses are sold or intended for sale by a
renovator or the customer of the renovator.
(g) A renovator who believes that certain mattresses are entitled to
one-of-a-kind exemption, may present relevant facts to the Commission
and petition for an exemption. Renovators are expected to comply with
all the testing requirements of the Mattress Standard until an exemption
is approved.

[[Page 734]]