[Federal Register Volume 59, Number 123 (Tuesday, June 28, 1994)]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15550]


  Federal Register / Vol. 59, No. 123 / Tuesday, June 28, 1994 /   
[Federal Register: June 28, 1994]


                                                   VOL. 59, NO. 123

                                             Tuesday, June 28, 1994

CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1610


Standard for the Flammability of Clothing Textiles; Amendment to 
Remove Footnotes

AGENCY: Consumer Product Safety Commission.

ACTION: Final rule.

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SUMMARY: The Commission is amending the Standard for the Flammability 
of Clothing Textiles by removing two footnotes which identify a 
particular firm as the source for two items of test equipment specified 
in the standard. The Commission has learned that the firm named in the 
footnote is not the only source of the equipment used to determine if 
fabrics and garments comply with the clothing textiles flammability 
standard. For this reason, the Commission has decided to remove the 
footnotes.

EFFECTIVE DATE: This amendment is effective on June 28, 1994.

FOR FURTHER INFORMATION CONTACT: Allen F. Brauninger, Attorney, Office 
of the General Counsel, Consumer Product Safety Commission, Washington, 
DC 20207; telephone (301) 504-0980.

SUPPLEMENTARY INFORMATION: The Standard for the Flammability of 
Clothing Textiles (16 CFR Part 1610) is applicable to clothing and to 
textile fabrics intended for use in clothing. This standard prescribes 
a test to determine whether clothing and fabrics intended for use in 
clothing are dangerously flammable because of ``rapid and intense 
burning.''

A. Origin of the Standard

    The clothing textiles flammability standard was first published by 
the Department of Commerce in 1953 as a voluntary commercial standard 
designated ``Flammability of Clothing Textiles, Commercial Standard 
(CS) 191-53.'' In the same year, Congress enacted the Flammable Fabrics 
Act of 1953 (Pub. L. 83-88, 67 Stat. 111). As enacted in 1953, and 
amended in 1954, the Flammable Fabrics Act of 1953 prohibits the 
importation, manufacture for sale, or the sale in commerce of any 
article of wearing apparel, or any fabric used or intended for use in 
wearing apparel, which is ``so highly flammable as to be dangerous when 
worn by individuals.'' The Flammable Fabrics Act of 1953 specifies that 
the test in CS 191-53 shall be used to determine if a fabric or article 
of wearing apparel is ``so highly flammable as to be dangerous when 
worn by individuals.'' The Flammable Fabrics Act of 1953 placed 
enforcement authority with the Federal Trade Commission.
    In 1967, Congress amended the Flammable Fabrics Act to expand its 
coverage to include products of interior furnishing and wearing apparel 
made from fabric or related material, and fabric or related material 
used or intended for use in products of interior furnishing and wearing 
apparel. The 1967 amendment authorized the Secretary of Commerce to 
issue flammability standards by rulemaking proceedings. Enforcement 
responsibility remained with the Federal Trade Commission. The 
Flammable Fabrics Act, as amended in 1967, is codified at 15 U.S.C. 
1191 through 1204. An uncodified savings clause in the 1967 amendment 
continued the flammability standard for clothing textiles mandated by 
the Flammable Fabrics Act of 1953 in effect until such time as it is 
amended or superseded in accordance with the procedures specified by 
the 1967 amendment. See section 11 of Pub. L. 90-189, 81 Stat. 568, 
December 14, 1967.
    In 1972, Congress enacted the Consumer Product Safety Act (CPSA) 
(15 U.S.C. 2051 et seq.), which established the Consumer Product Safety 
Commission. The CPSA also transferred to the Commission the authority 
formerly held by the Secretary of Commerce to issue and amend 
flammability standards, and the authority formerly held by the Federal 
Trade Commission to enforce flammability standards. See 15 U.S.C. 
2079(b).
    In 1975, the Commission codified the Flammable Fabrics Act of 1953 
at 16 CFR Part 1609, and the Standard for the Flammability of Clothing 
Textiles at 16 CFR Part 1610. See 40 FR 59931 (December 30, 1975). The 
Commission's codification of the flammability standard for clothing 
textiles included all of the footnotes contained in Commercial Standard 
191-53, as published by the Department of Commerce.

B. Firm Named in Footnotes

    Section 4.2 of CS 191-53 describes an item of test apparatus called 
the ``flammability tester'' in the following language:
    Flammability tester.\3\The Flammability Tester consists of a draft-
proof ventilated chamber enclosing a standard ignition medium, sample 
rack, and automatic timing device.
* * * * *
    \3\This apparatus is manufactured by the United States Testing 
Co., 1415 Park Avenue, Hoboken, N.J. Blue prints of working plans 
for the manufacture of this apparatus are available, at a nominal 
charge, from the above-named firm.

    Section 4.3 of CS 191-53 described an item of equipment called a 
``brushing device.'' A footnote to section 4.3 states:

    \5\This device is manufactured by the United States Testing Co., 
1415 Park Avenue, Hoboken, N.J.

    These provisions, including the footnotes, are codified at 16 CFR 
1610.4(b) and 1610.4(c)(1).
    The Commission has received information that similar items of 
equipment are presently available from several sources. When CS 191-53 
was first published, a need may have existed to name a specific firm as 
the source for particular items of test equipment specified by the 
standard. However, because more than one firm now supplies the test 
equipment, that need no longer exists.
    Additionally, naming a single firm as the manufacturer or supplier 
of an item of equipment which is available from other sources may be 
unfair to those firms not identified in the footnotes. The Commission 
has considered the possibility that the footnotes could be revised to 
include the names of additional firms which make or sell those items of 
test equipment. However, that approach could require periodic revision 
of the standard to assure that the footnote lists all current sources 
for the flammability tester and brushing device. Rather than list all 
sources of those items, the Commission has decided to amend the 
Standard for the Flammability of Clothing Textiles by removing 
footnotes 3 and 5.

C. Rulemaking Procedures

    Generally, the Administrative Procedure Act (5 U.S.C. 553) requires 
that agencies must give notice of proposed rulemaking and provide 
opportunity for interested parties to submit written comments on the 
proposal before a rule can be issued or amended. However, 5 U.S.C. 
553(b)(B) provides that notice of proposed rulemaking and public 
participation are not required when the agency makes a finding for good 
cause that such notice and opportunity for comment are ``impracticable, 
unnecessary, or contrary to the public interest.''
    The Commission finds for good cause that notice of proposed 
rulemaking and opportunity for written comment are not necessary for 
issuance of the amendment to delete footnotes 3 and 5 from the clothing 
textiles flammability standard because that amendment does not affect 
the rights or duties of any person or firm subject to the requirements 
of the standard. The amendment does not change the apparatus, 
procedure, or criteria used to determine if clothing and textiles 
intended for use in clothing are dangerously flammable because of rapid 
and intense burning. The only purpose of the amendment is to delete 
footnotes which identify a single firm as the source of two items of 
equipment used to conduct the test specified by the standard.

D. Impact on Small Businesses

    Section 603 of the Regulatory Flexibility Act (RFA) (5 U.S.C. 603) 
requires agencies to prepare and make available for public comment an 
initial regulatory flexibility analysis of the impact of a proposed 
rule on small entities, including small businesses. Section 605(b) of 
the RFA provides that an agency is not required to prepare a regulatory 
flexibility analysis when the agency certifies that the rule will not, 
if issued, have a significant economic impact on a substantial number 
of small entities. In accordance with provisions of section 605(b) of 
the RFA, the Commission certifies that the amendments proposed below, 
if issued on a final basis, will not have a significant economic impact 
on a substantial number of small entities.
    As noted above, the amendment does not modify the equipment, test 
procedure, or pass/fail criteria of the clothing textiles flammability 
standard. The amendment will simply remove two footnotes naming one 
firm as the source for two items of test equipment. The amendment will 
not affect the availability of either item of test equipment or 
increase or decrease any cost for any firm which manufactures or sells 
any product subject to the clothing textiles flammability standard.

E. Environmental Considerations

    The proposed amendments fall within the categories of Commission 
actions described at 16 CFR 1021.5(c) that have little or no potential 
for affecting the human environment. Because the proposed amendments, 
if issued on a final basis, will not change any aspect of the testing 
required by the standard, the proposed action does not have any 
potential to produce significant environmental effects. For that 
reason, neither an environmental assessment nor an environmental impact 
statement is required.

List of Subjects in 16 CFR Part 1610

    Consumer protection, Flammable materials, Records, Textiles, 
Warranties.

Conclusion

    Therefore, pursuant to the authority of section 30(b) of the 
Consumer Product Safety Act (15 U.S.C. 2079(b)) and section 4 of the 
Flammable Fabrics Act (15 U.S.C. 1193), the Commission hereby amends 
title 16 of the Code of Federal Regulations, Chapter II, Subchapter D, 
Part 1610 to read as follows:

PART 1610--STANDARD FOR THE FLAMMABILITY OF CLOTHING TEXTILES

    1. The authority for part 1610 continues to read as follows:

    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.

    2. Section 1610.4 is amended by revising paragraphs (b) 
introductory text and (c)(1) to read as follows:


Sec. 1610.4  Methods of test.

* * * * *
    (b) Flammability tester. The flammability tester consists of a 
draft-proof ventilated chamber enclosing a standardized ignition 
medium, sample rack, and automatic timing device.
* * * * *
    (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.
* * * * *
    hSee Sec. 1610.61(c)(2) for a clarification of the brushing 
technique for fabric with raised-fiber surfaces.

    Dated: June 21, 1994.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 94-15550 Filed 6-27-94; 8:45 am]
BILLING CODE 6355-01-P