[Federal Register Volume 65, Number 48 (Friday, March 10, 2000)]
[Rules and Regulations]
[Pages 12929-12935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5530]


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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: Final amendments.

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SUMMARY: The Commission is amending 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

[[Page 12930]]

removed or degraded by cleaning, thereby creating a flammability 
hazard. The Commission is issuing 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: The rule will become effective on April 10, 2000 and will apply 
to products manufactured or imported after that date. The incorporation 
by reference of the publication listed in this rule is approved by the 
Director of the Federal Register as of April 10, 2000.

FOR FURTHER INFORMATION CONTACT: Marilyn Borsari, Office of Compliance, 
Consumer Product Safety Commission, Washington, DC 20207; telephone 
(301) 504-0400, extension 1370.

SUPPLEMENTARY INFORMATION:

A. Background

    The Flammable Fabrics Act (``FFA'') (15 U.S.C. 1191 et seq.) 
authorizes the Commission to issue and amend 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.
    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-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.

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. Section 1630.4(b)(1)(ii) of the standard for 
large carpets and rugs and Sec. 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 washable 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. Nor has the Commission approved an alternate 
cleaning procedure that is normally used for them.
    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.

[[Page 12931]]



                                                             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....................  603 deg.C................................  603 deg.C
    Rinse Water Temp...................  413C.....................................  Less than 29 deg.C
    Water Level........................  Full.................................................  181 gal
    Agitator Speed.....................  705 spm..................................  1791 spm
    Wash Time..........................  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.....................  140-140 deg.F......................................  140-160 deg.F................  140-160 deg.F
    Cool Down Cycle..................  5 minutes..........................................  5 minutes....................  10 minutes
--------------------------------------------------------------------------------------------------------------------------------------------------------
spm=strokes (or cycles) per minutes; 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 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.

3. Review of Other Existing Standards

    As explained in the notice of proposed rulemaking, 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. 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

    On March 17, 1999, the Commission proposed to revise the laundering 
procedures specified in 16 CFR 1632.5(b) to those of AATCC Test Method 
124-1996. 64 FR 13132. As explained in the preamble to the proposed 
rule, the Commission determined that an advance notice of proposed 
rulemaking was not necessary to begin this proceeding. Id. at 13134. 
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.
    The Commission received comments on the proposed rule from the Soap 
and Detergent Association (``SDA''), American Textile Manufacturers 
Institute (``ATMI''), the National Cotton Council (``NCC''), and Shaw 
Industries. ATMI and NCC both expressed their support for the proposed 
revision. SDA's and Shaw Industries comments are discussed below.
Wash and Rinse Water Temperatures
    SDA suggested that the Commission consider a laundering protocol 
different than AATCC Test Method 124. SDA's suggested protocol calls 
for cooler wash and rinse temperatures, stating that they are more 
representative of today's laundering conditions.
    The Commission declines to make this change. Many water heaters in 
use today are set at 60C/140F. Thus, consumers have hotter wash water 
available to them than the 32C/90F that SDA recommends. It is 
appropriate that the laundering requirements reflect not necessarily 
the average conditions, but the most rigorous that a consumer is likely 
to use. By specifying a hot water wash and a cold water rinse, the 
revised CPSC standard represents the most rigorous real, although not 
necessarily average, wash conditions.
Water Hardness
    SDA also suggested that the revised standard should specify water 
hardness criteria. While water hardness is one factor that may affect 
the flammability performance of some fabrics, the Commission has no 
evidence that water hardness is a significant problem for flame 
retardant treated products currently marketed. At this time, the 
Commission is only correcting the outdated detergent and laundering 
conditions in the current FFA standards. It is not within the scope of 
this proceeding to consider additional criteria.
Ballast Load Weight
    The SDA suggested changing the ballast load weight to 
2.70.1 kg (60.2 lb). CPSC's current standard 
specifies 3.64 kg (8 lb) while the AATCC Test Method 124 only requires 
1.8kg (4 lb). SDA may not have realized that CPSC is retaining the 
larger load requirement. As explained above, the Commission is only 
correcting the outdated aspects of the laundering standard. It is not 
altering other criteria.
Omit Reference to a Specific Date
    Finally, SDA suggested that the Commission not refer to the 
specific year of the AATCC standard but simply refer to the most 
current method. This would alleviate the need to revise the standard 
every time the AATCC standard is revised.
    The Commission cannot accept this suggestion. For any change by 
AATCC

[[Page 12932]]

to have the force and effect of a Commission rule the Commission must 
formally adopt it through notice and comment rulemaking.
New Cleaning Method for Carpets
    Shaw Industries suggested that the Commission adopt a new cleaning 
method for carpets, AATCC Test Method 171-1995, because it would better 
replicate the manner in which most carpets are cleaned.
    AATCC Test Method 171-1995 simulates on-floor cleaning of carpets. 
While most carpets are not cleaned in washing machines as AATCC Test 
Method 124 prescribes, the purpose of this proceeding is to revise the 
laundering requirements for those carpets that may be washed in a home 
washing machine, not to require a new method.

5. Final Rule

    The amendments 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 
amendments incorporate that test method into the carpet flammability 
standards by reference.
    Existing Secs. 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 Secs. 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 change 
the references in subpart C of Secs. 1630 and 1631 to the revised AATCC 
Test Method 124-1996 so that they are consistent with the other 
changes.

6. Effective Date

    The Commission proposed that the amendments become effective 30 
days after publication of a final rule. 64 FR 13134-35. As discussed in 
the preamble to the proposed rule, the standard detergent specified by 
the existing laundering method in the standard is no longer available. 
Thus the Commission believes that an effective date 30 days after 
publication of final amendments will be in the public interest. The 
Commission is not withdrawing or limiting the exemption for products in 
inventory or with the trade as provided by section 4(b) of the FFA.
    The Commission received no comments on the proposed effective date. 
The Commission continues to believe that an effective date of thirty 
days allows adequate notice to all interested persons of the change in 
laundering procedure, and at the same time assures that the Commission 
will be able to test for compliance with the standards without 
interruption. Those manufacturers who perform prototype testing in 
accordance with the laundering procedure specified in the standard will 
also benefit from a relatively short effective date.

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 certified that the proposed 
amendments to the carpet flammability standards would not have a 
significant economic impact on a substantial number of small entities, 
including small businesses. 64 FR 13135. Because the Commission is 
unaware of 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, the Commission estimates that the 
amendments will have no economic consequences to any manufacturers, 
large or small, of carpets and rugs. 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.

2. Environmental Considerations

    The 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. As discussed in the proposed rule, 
neither an environmental assessment nor an environmental impact 
statement is required. 64 FR 13135.

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 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, the amendments 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.
    The Commission has also evaluated this rule in light of the 
principles stated in Executive Order 13132 concerning federalism, even 
though that Order does not apply to independent regulatory agencies 
such as CPSC. The Commission does not expect that the rule will have 
any substantial direct effects on the States, the relationship between 
the national government and the States, or the distribution of power 
and responsibilities among various levels of government.

List of Subjects in 16 CFR Parts 1630 and 1631

    Carpets, Consumer protection, Flammable materials, Floor coverings, 
Incorporation by reference, 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 
amends 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 and 4 redesignating footnote 5 as footnote 3, and 
adding new paragraph (b)(1)(iii) to read as follows:


Sec. 1630.4  Test procedure.

* * * * *

[[Page 12933]]

    (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, 
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.
* * * * *

    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) and adding four new sentences after 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. 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. * * *
* * * * *

    5. Section 1630.62 is amended by revising the first sentences in 
paragraphs (a) and (d)(3) and adding four new sentences after the first 
sentence of paragraph (a) to read 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. 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. * * *
* * * * *
    (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) and adding four new sentences after the first sentence 
of 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. 
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

[[Page 12934]]

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. * * *
* * * * *

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:


Sec. 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, 
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.
* * * * *

    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) and adding four new sentences after the first sentence of 
paragraph (a) to read 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 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. * * *
* * * * *

    5. Section 1631.62 is amended by revising the first sentences in 
paragraphs (a) and (d)(3) and adding four new sentences after the first 
sentence of paragraph (a) 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. 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. * * *
* * * * *
    (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. * * *
* * * * *


[[Page 12935]]


    Dated: March 2, 2000.
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,'' November 18, 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.
    14. Briefing Memorandum, from Ron Medford, AED, Office of Hazard 
Identification and Reduction and Margaret L. Neily, Project Manager, 
ESME, to the Commission, ``Final Rule Updating Standard Detergent 
and Laundering Procedures for Flammable Fabrics Act Standards,'' 
January 6, 2000.
    15. Memorandum from Martha A. Kosh, OS, ``Comments on Children's 
Sleepwear Laundering Procedures, Mattress Pads Laundering 
Procedures, Carpet and Rugs Laundering Procedures,'' June 1, 1999.
    16. Memorandum from Gail Stafford, Directorate for Laboratory 
Sciences, to Margaret Neily, Project Manager, ``Response to Comments 
Received as a Result of the Notice of Proposed Rulemaking (NPR) for 
the Laundering/Detergent Update for the Flammable Fabrics Act 
Standards,'' October 25, 1999.

[FR Doc. 00-5530 Filed 3-9-00; 8:45 am]
BILLING CODE 6355-01-P