[Federal Register Volume 64, Number 51 (Wednesday, March 17, 1999)]
[Proposed Rules]
[Pages 13132-13137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6074]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Parts 1630 and 1631


Standard for the Surface Flammability of Carpets and Rugs; 
Standard for the Surface Flammability of Small Carpets and Rugs

AGENCY: Consumer Product Safety Commission.

ACTION: Proposed amendments.

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SUMMARY: The Commission proposes to amend the flammability standards 
for carpets and rugs and for small carpets and rugs by revising the 
laundering procedure specified in those standards. The laundering 
procedures help assure that any fire retardant treatment used on 
carpets or on fibers used in the manufacture of carpets will not be 
removed or degraded by cleaning, thereby creating a flammability 
hazard. The Commission is proposing these amendments because the 
detergent specified by the existing laundering procedure is no longer 
available and the operating characteristics of the washing and drying 
machines required by that procedure are no longer representative of 
machines now used for home laundering.

DATES: Written comments concerning the proposed amendments must be 
received by the Office of the Secretary not later than June 1, 1999.

ADDRESSES: Written comments should be captioned ``Carpet and Rug 
Standards, Laundering Procedures'' and mailed to the Office of the 
Secretary, Consumer Product Safety Commission, Washington, D.C. 20207, 
or delivered to that office, room 502, 4330 East-West Highway, 
Bethesda, Maryland. Comments may also be filed by telefacsimile to 
(301) 504-0127 or by email to [email protected].

FOR FURTHER INFORMATION CONTACT: Margaret Neily, Project Manager, 
Directorate for Engineering Sciences, Consumer Product Safety 
Commission, Washington, DC 20207; telephone (301) 504-0508, extension 
1293.

SUPPLEMENTARY INFORMATION:

A. Background

    The Flammable Fabrics Act (``FFA'') (15 U.S.C. 1191 et seq.) 
authorizes issuance and amendment of flammability standards and 
regulations to protect the public from unreasonable risks of death, 
injury, and property damage from fire associated with products of 
interior furnishing made from fabric and related materials.
    In 1970, the Secretary of Commerce issued two flammability 
standards for carpets and rugs to protect the public from risks of 
deaths, injuries, and economic losses associated with ignition of 
carpets and rugs by small ignition sources. The Standard for the 
Surface Flammability of Carpets and Rugs, now codified at 16 CFR Part 
1630, is applicable to carpets and rugs with a surface area greater 
than 24 square feet and one dimension longer than six feet. The 
Standard for the Surface Flammability of Small Carpets and Rugs, now 
codified at 16 CFR Part 1631, is applicable to carpets and rugs which 
have an area of 24 square feet or less, and no dimension longer than 
six feet.
    Both standards prescribe a test which involves exposing specimens 
from a carpet or rug to a standard ignition source. Eight specimens, 
each measuring nine inches by nine inches, are taken from the product 
to be tested. A specimen passes the test in the standards if charring 
does not extend more than three inches in any direction from the 
ignition source. The flammability standard for large carpets and rugs 
requires that seven of the eight specimens taken from a carpet or rug 
must pass the test. See 16 CFR 1630.3.
    The standard for small carpets and rugs requires that seven of 
eight specimens taken from a carpet or rug must pass the test, or that 
the product must be permanently labeled indicating that it fails the 
flammability standard. See 16 CFR 1631.3, 1631.5(a) and 1631.34.
    In 1973, authority to issue and amend flammability standards under 
the FFA was transferred from the Department of Commerce to the Consumer 
Product Safety Commission by section 30(b) of the Consumer Product 
Safety Act (15 U.S.C. 2079(b)).

B. Amending the Flammability Standards

    As discussed below, laundering procedures are required by the 
standards to help assure that any fire-

[[Page 13133]]

retardant chemicals used in the production of carpets or rugs will not 
be removed or degraded by repeated cleaning and create a flammability 
hazard. However, the current procedures are out of date in several 
respects, and the Commission therefore proposes to change them.

1. Current Procedures

    The carpet flammability standards describe the apparatus and 
procedure to be used to test carpets and rugs for compliance with the 
standards. See 16 CFR 1630.4 and 1631.4.
    At the time the carpet standards were issued, some carpets and rugs 
were treated with fire retardants or made from fibers that were treated 
with fire retardants. The standards address the possibility that any 
fire-retardant treatment used on carpets or rugs or on fibers used in 
the production of carpets or rugs might be progressively reduced by 
cleaning. Section 1630.4(b)(1)(ii) of the standard for large carpets 
and rugs and section 1631.4(b)(1)(ii) of the standard for small carpets 
and rugs require that specimens of a carpet or rug that has a fire-
retardant treatment or that is made from fibers which have had a fire-
retardant treatment shall be tested after they have been washed and 
dried 10 times in accordance with a specified laundering procedure, or 
``such number of times under such other washing and drying procedures 
as shall have been found to be equivalent by the Consumer Product 
Safety Commission.''
    The laundering procedure specified by the standards is AATCC Test 
Method 124-67, published by the American Association of Textile 
Chemists and Colorists (``AATCC''). (1)\1\ This procedure involves 
washing and drying the specimens in a household washing machine and 
dryer. The AATCC test method is similar to the method that might be 
used by consumers to clean small carpets and rugs such as bath mats and 
small area rugs.
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    \1\ Numbers in parentheses identify reference documents in the 
List of Relevant Documents at the end of this notice. Requests for 
inspection of any of these documents should be made at the Office of 
the Secretary, 4330 East-West Highway, room 502, or by calling that 
office at (301) 504-0800.
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    Although the AATCC laundering procedure does not resemble the 
method that consumers could be expected to use for cleaning wall-to-
wall carpeting and large carpets or rugs, the Commission has not made a 
finding that any other washing and drying procedure is equivalent to 
AATCC Test Method 124-67.
    AATCC Test Method 124-67 specifies operating characteristics of the 
washing machine and dryer to be used, wash water and rinse water 
temperatures, exhaust temperature of the dryer, and a particular 
detergent, AATCC Standard Detergent 124. AATCC Test Method 124-67 was 
developed in 1967. These specifications are representative of the 
equipment, wash, rinse, and drying temperatures, and detergent used for 
home laundering in the 1960s. For example, AATCC Standard Detergent 124 
is a high-phosphate powder with optical brightener, similar to the 
phosphate-based detergents sold to consumers between 1950 and 1970. (3)
    Since 1970, environmental concerns about water pollution have 
resulted in the elimination of phosphate-based detergents for home 
laundering. Today, all laundry detergents sold to consumers are 
nonphosphate-based. Additionally, energy-efficient washing machines and 
dryers currently sold for consumer use have operating characteristics 
and temperature settings which differ from those specified by AATCC 
Test Method 124-67. (3)

2. Revised Laundering Test Method

    In 1996, AATCC revised AATCC Test Method 124, ``Appearance of 
Fabrics After Repeated Home Laundering.'' (2) The 1996 AATCC test 
method more closely resembles the equipment and practices used for 
household laundering of fabrics at this time. The revised test method 
differs from AATCC Test Method 124-67 by specifying the use of 1993 
AATCC detergent, a nonphosphate-based detergent. The 1996 test method 
also specifies use of a washing machine with different operating 
characteristics than those specified by AATCC Test Method 124-67, and 
rinse water temperatures which differ from those in the older test 
method. (3) Table 1, below, provides a summary comparison of the two 
test methods.

                                         Table 1.--AATCC Test Method 124
----------------------------------------------------------------------------------------------------------------
       Wash/dry conditions                     Version 1967                            Version 1996
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Washing Machine:
    Cycle.......................  Normal...............................  Normal/Cotton Sturdy.
    Wash Water Temp.............  60  3 deg.C..............  60  3 deg.C.
    Rinse Water Temp............  41  3 deg.C..............  Less Than 29 deg.C.
    Water Level.................  Full.................................  18  1 gal.
    Agitator Speed..............  70  5 spm................  179  2 spm.
    Wash Time...................  12 minutes...........................  12 minutes.
    Spin Speed..................  500-510 rpm..........................  630-660 rpm.
    Final Spin Cycle............  4 minutes............................  6 minutes.



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Dryer:
    Cycle.......................  Normal..............................  Cotton Sturdy......  Durable Press.
    Exhaust Temp................  140-160 deg.F.......................  140-160 deg.F......  140-160 deg.F.
    Cool Down Cycle.............  5 minutes...........................  5 minutes..........  10 minutes.
----------------------------------------------------------------------------------------------------------------
spm = strokes (or cycles) per minute.
rpm = revolutions per minute.

    In 1996, AATCC also announced that when that organization's supply 
of Standard Detergent 124 is depleted, that detergent will no longer be 
available. AATCC is the only source for Standard Detergent 124. 
Additionally, washing machines offered for sale at this time do not 
have the settings and operating characteristics of the washing machine 
specified by AATCC Test Method 124-67. (3)
    The laundering procedures specified in the carpet flammability 
standards must be followed by the Commission when testing carpets 
manufactured with a fire-retardant treatment to determine their 
compliance. Information available

[[Page 13134]]

to the Commission indicates that at this time, no carpets or rugs 
treated with a fire retardant or made from fibers which have been 
treated with a fire retardant are offered for sale. However, it is 
possible that carpets treated with fire retardants may be marketed in 
the future.
    Section 8 of the FFA (15 U.S.C. 1197) provides that no person shall 
be subject to criminal prosecution under section 7 of the FFA (15 
U.S.C. 1196) if that person holds in good faith a written guaranty to 
the effect that ``reasonable and representative tests conducted in 
accordance with the applicable standard'' show that a product subject 
to a flammability standard issued under the FFA complies with that 
standard. Enforcement regulations codified at 16 CFR 1630.31 and 
1631.31 establish minimum requirements for reasonable and 
representative tests to support guaranties of compliance with the 
carpet flammability standards.
    Although issuance of a guaranty is not mandatory, manufacturers who 
elect to issue guaranties must perform the testing required by the 
standard, including the laundering procedure specified by the standard 
for those carpets and rugs manufactured with a fire-retardant treatment 
unless exempted from the use of that procedure by other provisions of 
the standards.

3. Review of Other Existing Standards

    In addition to reviewing AATCC Test Method 124-1996, the Commission 
staff reviewed and analyzed fourteen other international and technical 
association standards or test methods to determine if any were 
appropriate for consideration in this proceeding. Standards and test 
methods from AATCC, ASTM, the International Standards Organization, the 
United Kingdom, Australia, Canada, China and the Soap and Detergent 
Association were identified.
    All of the standards designed for fabric laundering have 
significant deficiencies. They are either based on earlier versions of 
AATCC Test Method 124 (with obsolete detergent and equipment), require 
equipment not available in the U.S., use only water in the laundering 
procedure, or specify significantly lower wash and rinse water 
temperatures than those still available for consumers.
    Two of these methods (AATCC 138 and a Canadian standard CAN/CGSB-
4.2 No. 30.2-M90) were specifically developed for carpets. However, 
they use different liquid detergents, and neither of these methods 
approximates the typical home laundering used in the Flammability 
Standard for Carpets and Rugs. Further, the AATCC 138 was judged to be 
too harsh for the hand washable flokati rugs because of the brushing 
specified by the method.

4. Proposed Amendment

    The carpet flammability standards were issued under section 4 of 
the FFA (15 U.S.C. 1193), which authorizes the issuance or amendment of 
flammability standards to protect the public against unreasonable risks 
of fire leading to death, personal injury, or significant property 
damage. As required by section 4(b) of the FFA, both standards are 
based on findings that they are needed to adequately protect the public 
against the unreasonable risk of the occurrence of fire leading to 
death, personal injury, or significant property damage. That section 
further requires findings that a flammability standard issued under the 
FFA is ``reasonable, technologically practicable, and appropriate.''
    The proposed change to the standards is needed to make the 
specified laundering procedures represent those currently used by 
consumers. The proposed amendments are also needed to assure that the 
carpet flammability standards will continue to be ``technologically 
practicable'' for both the Commission's laboratory and those 
manufacturers of carpets and rugs required to use the laundering 
procedures when testing for guaranty purposes.
    Section 4(g) of the FFA (15 U.S.C. 1193(g)) states that a 
proceeding ``for the promulgation of a regulation under this section'' 
shall be initiated by publication of an advance notice of proposed 
rulemaking (``ANPR''), and sets forth requirements for the contents of 
the ANPR. However, these proposed amendments are necessary because 
technical advances and the passage of time have rendered the existing 
test method obsolete. The amendments preserve the original intent and 
effect of the existing test method, modifying that method only as 
necessary to reflect the existence of modern equipment and detergent. 
Moreover, the existing regulations permit the Commission to employ a 
laundering test method different from AATCC Test Method 124 if it 
concludes that the test method is substantively as protective. Because 
the existing regulations allow the Commission to achieve without any 
amendment the substance of what it now proposes to achieve by 
amendment, and because the proposed amendments preserve the regulatory 
status quo, save for the reflection of modern equipment and detergent, 
the Commission has determined that it is not legally required to 
commence this proceeding with an ANPR, nor is it necessary for the 
Commission to make the findings that FFA sections 1193(g) and (h) would 
otherwise require.
    The amendments proposed below would require specimens of carpet 
manufactured with a fire-retardant treatment to be tested after washing 
and drying 10 times using the procedure specified in AATCC Test Method 
124-1996. The proposed amendments would incorporate that test method 
into the carpet flammability standards by reference.
    Existing sections 1630.4(b)(1)(ii) and 1631.4(b)(1)(ii) contain the 
following language:

    Alternatively, the selected sample or oversized specimens 
thereof may be washed, dry-cleaned, 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. [Emphasis added.]

    Alternative laundering procedures have been approved in accordance 
with provisions of sections 1630.4(b)(1)(ii) and 1631.4(b)(1)(ii) for 
hide carpets and rugs and wool flokati carpets and rugs. See 16 CFR 
1630.61, 1630.62 and 1630.63; 16 CFR 1631.61 and 1631.62. The 
amendments proposed below would change the references in Subpart C of 
sections 1630 and 1631 to the revised AATCC Test Method 124-1996 so 
that they are consistent with the other proposed changes.

5. Effective Date

    Section 4(b) of the FFA (15 U.S.C. 1193(b)) provides that an 
amendment of a flammability standard shall become effective one year 
from the date it is promulgated, unless the Commission finds for good 
cause that an earlier or later effective date is in the public 
interest, and publishes that finding. Section 4(b) also requires that 
an amendment of a flammability standard shall exempt products ``in 
inventory or with the trade'' on the date the amendment becomes 
effective, unless the Commission limits or withdraws that exemption 
because those products are so highly flammable that they are dangerous 
for use by consumers.
    One reason for proposing these amendments of the carpet 
flammability standards is that the standard detergent specified by the 
existing laundering method in the standard is no longer available. The 
Commission has reason to believe that an effective date 30 days after 
publication of final amendments will be in the public interest. The 
Commission does not propose to withdraw or limit the exemption for

[[Page 13135]]

products in inventory or with the trade as provided by section 4(b) of 
the FFA.
    The Commission believes that an effective date of thirty days would 
give adequate notice to all interested persons of the change in 
laundering procedure, and at the same time would assure that the 
Commission will be able to test for compliance with the standards 
without interruption. Those manufacturers who perform testing in 
accordance with the laundering procedure specified in the standard will 
also benefit from a relatively short effective date.
    The Commission invites comments on the proposed effective date and 
factual information relating to that issue.

C. Other Issues

1. Impact on Small Businesses

    In accordance with section 605(b) of the Regulatory Flexibility Act 
(5 U.S.C. 605(b)), the Commission hereby certifies that the amendments 
to the carpet flammability standards proposed below will not have a 
significant economic impact on a substantial number of small entities, 
including small businesses, if issued on a final basis.
    As noted above, the Commission has not been able to find any 
carpets or rugs currently offered for sale which have been treated with 
a fire-retardant treatment or made from fibers treated with a fire-
retardant. In the event that some carpets treated with a fire-retardant 
or made from fibers treated with a fire-retardant treatment come onto 
the market in the future, manufacturers will be able to apply for 
approval of any alternate laundering procedure which is normally used 
for cleaning those products if the procedure specified by the 
amendments is not appropriate.
    Consequently, the Commission estimates that the amendments proposed 
below will have no economic consequences to any manufacturers, large or 
small, of carpets and rugs.

2. Environmental Considerations

    The amendments proposed below 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. The amendments are not 
expected to have a significant effect on production processes or on the 
types or amounts of materials used for the manufacture of carpets and 
rugs. The amendments will not render existing inventories unsalable, or 
require destruction of existing goods. The Commission has no 
information indicating any special circumstances in which these 
amendments may affect the human environment. For that reason, neither 
an environmental assessment nor an environmental impact statement is 
required.

3. Executive Orders

    Executive Order 12988 (February 5, 1996), requires agencies to 
state in clear language the preemptive effect, if any, to be given to 
any new regulation. The amendments proposed below, if issued on a final 
basis, would modify two flammability standards issued under the FFA. 
With certain exceptions which are not applicable here, no state or 
political subdivision of a state may enact or continue in effect ``a 
flammability standard or other regulation'' applicable to the same 
fabric or product as an FFA standard if the state or local flammability 
standard or regulation is ``designed to protect against the same risk 
of the occurrence of fire'' unless the state or local flammability 
standard or regulation ``is identical'' to the FFA standard. See 
section 16 of the FFA (15 U.S.C. 1203). Consequently, if issued on a 
final basis, the amendments proposed below will preempt nonidentical 
state or local flammability standards or regulations that are intended 
to address the unreasonable risk of the occurrence of fire associated 
with ignition of carpets and rugs.
    In accordance with Executive Order 12612 (October 26, 1987), the 
Commission certifies that the proposed amendments do not have 
sufficient implications for federalism to warrant a Federalism 
Assessment.

List of Subjects in 16 CFR Parts 1630 and 1631

    Carpets and rugs, Consumer protection, Flammable materials, Floor 
coverings, Labeling, Records, Rugs, 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 sections 4 and 5 of 
the Flammable Fabrics Act (15 U.S.C. 1193, 1194), the Commission hereby 
proposes to amend title 16 of the Code of Federal Regulations, Chapter 
II, Subchapter D, Parts 1630 and 1631 to read as follows:

PART 1630--STANDARD FOR THE SURFACE FLAMMABILITY OF CARPETS AND 
RUGS

    1. The authority for subpart A of part 1630 continues to read as 
follows:

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

    2. Section 1630.4 is amended by revising paragraph (b)(1)(ii), 
removing footnote 3, redesignating footnotes 4 and 5 as footnotes 3 and 
4 respectively, and adding new paragraph (b)(1)(iii) to read as 
follows:


Sec. 1630.4  Test procedure.

* * * * *
    (b) Sampling--(1)(i) * * *
    (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, 
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. These 
materials are incorporated as they exist in the edition which has been 
approved

[[Page 13136]]

by the Director of the Federal Register and which has been filed with 
the Office of the Federal Register.
* * * * *
    3. The authority for subpart C of part 1630 continues to read as 
follows:

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

    4. Section 1630.61 is amended by revising the first sentence of 
paragraph (a) to read as follows:


Sec. 1630.61  Hide 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. * * *
* * * * *
    5. Section 1630.62 is amended by revising the first sentences in 
paragraphs (a) and (d)(3) as follows:


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. * * *
* * * * *
    (d) * * *
    (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. * * *
* * * * *
    6. Section 1630.63 is amended by revising the first sentence in 
paragraph (a)(1) to read as follows:


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. 
* * *
* * * * *

PART 1631--STANDARD FOR THE SURFACE FLAMMABILITY OF SMALL CARPETS 
AND RUGS

    1. The authority for subpart A of part 1631 continues to read as 
follows:

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

    2. Section 1631.4 is amended by revising paragraph (b)(1)(ii), 
removing footnote 3, redesignating footnotes 4 and 5 as footnotes 3 and 
4 respectively, and adding new paragraph (b)(1)(iii) to read as 
follows:


 1631.4  Test procedure.

* * * * *
    (b) Sampling--(1) * * *
    (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, 
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. These 
materials are incorporated as they exist in the edition which has been 
approved by the Director of the Federal Register and which has been 
filed with the Office of the Federal Register.
* * * * *
    3. The authority for subpart C of part 1631 continues to read as 
follows:

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

    4. Section 1631.61 is amended by revising the first sentence of 
paragraph (a) as follows:


Sec. 1631.61  Hide 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

[[Page 13137]]

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. * * *
* * * * *
    5. Section 1631.62 is amended by revising the first sentences in 
paragraphs (a) and (d)(3) to read as follows:


Sec. 1631.62  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. * * *
* * * * *
    (d) * * *
    (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. * * *
* * * * *
    Dated: March 8, 1999.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.

List of Relevant Documents

    1. American Association of Textile Chemists and Colorists, 
``Appearance of Durable Press Fabrics After Repeated Home 
Launderings,'' AATCC Test Method 124-1969. AATCC Technical Manual, 
Vol. 46, 1970.
    2. American Association of Textile Chemists and Colorists, 
``Appearance of Fabrics After Repeated Home Laundering,'' AATCC Test 
Method 124-1996. AATCC Technical Manual, Vol. 73, 1997.
    3. Briefing memorandum from Margaret Neily, Project Manager, 
Directorate for Engineering Sciences, to the Commission, ``Proposed 
Amendments to Flammable Fabrics Act Standards to Replace Obsolete 
Standard Detergent and Update Laundering Procedures Required for 
Tests,'' ________, 1998.
    4. Memorandum from Gail Stafford, Directorate for Laboratory 
Sciences, to Margaret Neily, Project Manager, ``Amending the 
Laundering Provisions of the CPSC Flammability Regulations,'' August 
18, 1998.
    5. Memorandum from Gail Stafford, Directorate for Laboratory 
Sciences, to Margaret Neily, Project Manager, ``Textile Laundering 
Standards,'' August 18, 1998.
    6. Memorandum from Gail Stafford and Shing-Bong Chen, 
Directorate for Laboratory Sciences, to Margaret Neily, Project 
Manager, ``Detergent Comparison Tests,'' August 19, 1998.
    7. Log of Meeting on January 21, 1998 concerning Flammability 
Test of Pyrovatex-treated Flame Resistant Fabrics.
    8. Memorandum from Terrance R. Karels, Directorate for Economic 
Analysis, to Margaret Neily, Project Manager, ``Amendments to FFA 
Standards,'' August 10, 1998.
    9. Memorandum from Margaret Neily, Project Manager, Directorate 
for Engineering Sciences, to the Commission, ``Briefing Package 
Supplement: Laundering/Detergent Update for Flammable Fabrics Act 
Standards--The Soap and Detergent Association (SDA) Laundering 
Procedures,'' January 11, 1999.
    10. Memorandum from Gail Stafford, Directorate for Laboratory 
Sciences, to Margaret Neily, Project Manager, ``Soap and Detergent 
Association Proposed Laundering Procedure,'' December 23, 1998.
    11. Letter from Jenan Al-Atrash, Director, Human Health & 
Safety, The Soap and Detergent Association, to Margaret Neily, 
Technical Program Coordinator, Office of the Executive Director, 
including SDA Recommended Wash Conditions for CFR 1615.4, September 
15, 1998.
    12. Letter from Jenan Al-Atrash, Director, Human Health & 
Safety, The Soap and Detergent Association, to Margaret Neily, 
Technical Program Coordinator, Office of the Executive Director, 
follow-up comments to September 15, 1998, letter, November 12, 1998.
    13. Memorandum from Margaret L. Neily, Project Manager, 
Directorate for Engineering Sciences, to the Commission, 
``Laundering/Detergent Updates--FR notice supplements,'' February 
19, 1999.

[FR Doc. 99-6074 Filed 3-16-99; 8:45 am]
BILLING CODE 6355-01-P