[Federal Register Volume 65, Number 48 (Friday, March 10, 2000)]
[Rules and Regulations]
[Pages 12924-12929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5531]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Parts 1615 and 1616


Standard for the Flammability of Children's Sleepwear: Sizes 0 
Through 6X; Standard for the Flammability of Children's Sleepwear: 
Sizes 7 Through 14

AGENCY: Consumer Product Safety Commission.

ACTION: Final amendments.

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SUMMARY: The Commission is amending the flammability standards for 
children's sleepwear in sizes 0 through 6X and sizes 7 through 14 by 
revising the laundering procedure specified in those standards. These 
laundering procedures help assure that any chemical flame retardants 
are not removed or degraded with repeated washing and drying, 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 
wearing apparel made from fabric and related materials.
    In 1971, the Secretary of Commerce issued a flammability standard 
for children's sleepwear in sizes 0 through 6X to protect young 
children from death and serious burn injuries which had been associated 
with ignition of sleepwear garments such as nightgowns and pajamas, by 
small open-flame sources. That standard became effective in 1972, and 
is codified at 16 CFR Part 1615.
    In 1973, authority to issue 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)). In 1974, the Commission issued a flammability 
standard for children's sleepwear in sizes 7 through 14. That standard 
became effective in 1975 and is codified at 16 CFR part 1616.

B. Amending the Flammability Standards

    As discussed below, laundering procedures are prescribed by the 
standards to help assure that any flame retardant treatment used in the 
production of children's sleepwear does not deteriorate over time and 
thereby create a flammability hazard. However, the current procedures 
are out of date in several respects.

1. Current Laundering Procedures

    Each of the children's sleepwear standards describes the apparatus 
and procedure used to test items for compliance with the standard. See 
16 CFR 1615.4 and 1616.5. Section 1615.4(g)(4) of the standard for 
sizes 0 through 6X and section 1616.5(c)(4) of the standard for sizes 7 
through 14 require that testing shall be performed on finished items, 
as produced (or after one washing and drying in the case of garments 
labeled with instructions to wash before wearing) and after they have 
been washed and dried 50 times in accordance with a specified 
laundering procedure. That laundering procedure is AATCC Test Method 
124-69, published by the American Association of Textile Chemists and 
Colorists (``AATCC'').(1)\1\ Each standard incorporates specific 
aspects of that laundering procedure by reference.
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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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    The AATCC Test Method was developed in 1967 and revised in 1969. 
AATCC Test Method 124-69 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. These specifications are 
representative of the equipment, wash, rinse, and drying temperatures, 
and detergent used for home laundering in the 1960s. For example, AATCC

[[Page 12925]]

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 124-69.(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 currently used for 
household laundering of fabrics. The revised test method differs from 
AATCC Test Method 124-69 by specifying the use of 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 124-69, 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
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          Wash/dry Conditions                                 Version 1969                                            Version 1996
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Washing Machine;
    Cycle..............................  Normal...............................................  Normal/Cotton Sturdy.
    Wash Water Temp....................  603 deg.C................................  60  3 deg.C.
    Rinse Water Temp...................  413 deg.C................................  Less Than 29 deg.C.
    Water Level........................  Full.................................................  18 1 gal.
    Agitator Speed.....................  70  5 spm................................  1792spm.
    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.
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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 now offered for sale do not have the 
settings and operating characteristics of the washing machine specified 
by AATCC Test Method 124-69.(3)

3. Review of Existing Standards

    As explained in the notice of proposed rulemaking, the Commission 
staff reviewed and analyzed twelve other international and technical 
association standards or test methods to determine if any were 
appropriate for consideration in this proceeding. All of the identified 
standards 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.

4. Comparability of Test Results

    In order to compare the results of laundering using AATCC Test 
Method 124-69 with those of the new AATCC Test Method 124-96 the 
Commission performed some tests of fabrics using each method. The 
laundering tests indicated that changes in washing machine and dryer 
operating conditions between the old and new versions of AATCC Test 
Method 124 did not make a difference in the flammability performance of 
the fabrics tested. However, the cotton sleepwear that was treated with 
the phosphorous-based Pyrovatex CP-new did not perform well in 
flammability testing after laundering with the new AATCC detergent or 
after laundering with common powder detergents. Liquid detergents did 
not seem to adversely affect flammability performance. Fabrics treated 
with the antimony-based FR showed some random failures that, according 
to laboratory chemical analyses, apparently were unrelated to the 
detergent and laundering conditions. The new AATCC detergent did not 
affect the flammability of the untreated polyester fabrics. However, 
one polyester fabric did show reduced flame resistance when a liquid 
fabric softener was used. Labels on both liquid and sheet fabric 
softener packages state that they should not be used on garments 
labeled as flame resistant.
    After CPSC informed the manufacturer of Pyrovatex of the results 
the manufacturer conducted additional studies and determined that such 
factors as the fabric, the application process, storage conditions, and 
consumer care practices can affect the flame resistance of the light 
weight fabrics used for children's sleepwear. Because the manufacturer 
has little control over these factors, the company decided, with one 
exception, to withdraw Pyrovatex from sale to the sleepwear industry.
    With the withdrawal of Pyrovatex for treating children's sleepwear, 
the change in detergent and laundering equipment from AATCC 124-69 to 
AATCC 124-96 will not have any effect on the flammability performance 
of children's sleepwear on the market.

5. Proposed Amendment of Standards

    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 13128. 
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.

[[Page 12926]]

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''), and the National Cotton Council (``NCC''). ATMI 
and NCC both expressed their support for the proposed revision. SDA's 
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 to have the force and effect of a Commission rule, the Commission 
must formally adopt it through notice and comment rulemaking.

6. Final Rule

    The amendments require specimens to be tested as produced (or after 
one washing and drying) and after washing and drying 50 times using the 
procedure specified in AATCC Test Method 124-1996. The amendments 
incorporate that test method into the sleepwear standard by reference.
    The amendments also include minor changes to the enforcement 
regulations at 16 CFR 1615.32 and 1616.32 prescribing the procedure for 
seeking approval from the Commission for use of alternate laundering 
procedures. The amendments of those sections:
    (i) Update the laundering procedure prescribed by the sleepwear 
standards to AATCC Test Method 124-1996; and
    (ii) Substitute the words ``Assistant Executive Director for 
Compliance'' for ``Associate Executive Director for Compliance and 
Enforcement'' to reflect the current title for that position.
    The amendments of the enforcement rules implementing the standard 
for sizes 7 through 14 also include a revision of Sec. 1616.32(g), 
Commission testing for compliance. The amendment corrects an erroneous 
citation in the regulations to the laundering provisions of the 
standard. The correct citation in the amendment is to 
Sec. 1616.5(c)(4)(ii) of the standard rather than 
Sec. 1616.5(c)(4)(iii) in the existing text. No similar error exists in 
the enforcement rules implementing the standard for sizes 0 through 6X.

7. Effective Date

    The Commission proposed that the amendments become effective 30 
days after publication of a final rule. 64 FR 13128. 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 children's sleepwear standards and enforcement rules 
will not have a significant economic impact on a substantial number of 
small entities, including small businesses. 64 FR 13129. Because the 
amendment codifies existing industry testing practices (and reflects 
current consumer practices), it is not expected to have an effect on 
small entities.

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.

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 a 
new regulation. The amendments modify two flammability standards issued 
under the FFA. With certain exceptions which are not applicable in this 
instance, 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 covered by an FFA standard if 
the state or local flammability standard or other regulations is 
``designed to protect against the same risk of the occurrence 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

[[Page 12927]]

amendments will preempt nonidentical state or local flammability 
standards or regulations that are intended to address the unreasonable 
risk of fire associated with ignition of children's sleepwear in sizes 
0 through 14.
    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 1615 and 1616

    Clothing, Consumer protection, Flammable materials, Incorporation 
by reference, Infants and children, Labeling, Records, Sleepwear, 
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 1615 and 1616 to read as follows:

PART 1615--STANDARD FOR THE FLAMMABILITY OF CHILDREN'S SLEEPWEAR: 
SIZES 0 THROUGH 6X

    1. The authority for subpart A of part 1615 continues to read as 
follows:

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

    2. Section 1615.4 is amended by revising paragraphs (g)(4)(i) and 
(g)(4)(ii) to read as follows:


Sec. 1615.4  Test procedure.

    (g) Testing * * *
    (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 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.
* * * * *
    3. The authority for subpart B of part 1615 continues to read as 
follows:

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

    4. Section 1615.32 is amended by revising paragraphs (a)(1), 
(b)(1), introductory text and (b)(2), the first 3 sentences of (c)(1), 
(c)(2), the first sentence of (d)(3), the first sentence of (e)(1), the 
first sentence of (e)(2), and (f) to read as follows:


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 124-1986.\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.
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    \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.
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* * * * *
    (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:
* * * * *
    (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. * * *
    (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. * * *
    (3) Records of revalidation testing need not be submitted to the 
Assistant

[[Page 12928]]

Executive Director for Compliance. * * *
    (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. * * *
    (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. * * *
    (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 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.
* * * * *

PART 1616--STANDARD FOR THE FLAMMABILITY OF CHILDREN'S SLEEPWEAR: 
SIZES 7 THROUGH 14

    1. The authority for subpart A of part 1616 continues to read as 
follows:

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

    2. Section 1616.5 is amended by revising paragraphs (c)(4)(i) and 
(c)(4)(ii) to read as follows:


Sec. 1616.5  Test procedure.

    (c) Testing * * *
    (4) Laundering. (i) The procedures described under Secs. 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 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.
* * * * *
    3. The authority for subpart B of part 1616 continues to read as 
follows:

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

    4. Section 1616.32 is amended by revising paragraphs (a)(1), 
(b)(1), introductory text and (b)(2), the first 3 sentences of (c)(1), 
(c)(2), the first sentence of (d)(3), the first sentence of (e)(1), the 
first sentence of (e)(2), (f), and (g)(1) to read as follows:


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.
---------------------------------------------------------------------------

* * * * *
    (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:
* * * * *
    (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

[[Page 12929]]

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. * * *
    (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. * * *
    (3) Records of revalidation testing need not be submitted to the 
Assistant Executive Director for Compliance. * * *
    (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. * * *
    (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. * * *
    (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))
* * * * *

    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. 00-5531 Filed 3-9-00; 8:45 am]
BILLING CODE 6355-01-P