[Federal Register Volume 67, Number 177 (Thursday, September 12, 2002)]
[Proposed Rules]
[Pages 57770-57773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23273]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1610


Standard for the Flammability of Clothing Textiles; Advance 
Notice of Proposed Rulemaking

AGENCY: Consumer Product Safety Commission.

[[Page 57771]]


ACTION: Advance notice of proposed rulemaking.

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SUMMARY: The Commission is considering amending the flammability 
standard for clothing textiles. The standard, originally issued in 
1953, has become outdated in several respects. The Commission is 
considering changes that would enable the standard to better reflect 
current consumer practices and technologies and would clarify several 
aspects of the standard. The Commission invites comments concerning the 
risk of injury identified in this notice, the regulatory alternatives 
being considered, and other possible alternatives. The Commission also 
invites submission of any existing standard or statement of intention 
to modify or develop a voluntary standard to address the flammability 
risk of clothing textiles.

DATES: Comments and submissions must be received by November 12, 2002.

ADDRESSES: Comments should be mailed, preferably in five copies, to the 
Office of the Secretary, Consumer Product Safety Commission, 
Washington, DC 20207-0001, or delivered to the Office of the Secretary, 
Consumer Product Safety Commission, Room 502, 4330 East-West Highway, 
Bethesda, Maryland 20814; telephone (301) 504-0800. Comments also may 
be filed by telefacsimile to (301) 504-0127 or by email to [email protected]. Comments should be captioned ``Clothing ANPR.''

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

SUPPLEMENTARY INFORMATION:

A. Background

1. History of the Standard

    The Commission is considering amending the Standard for the 
Flammability for Clothing Textiles, 16 CFR Part 1610, which covers 
clothing and textile fabrics intended for use in clothing. It excludes 
hats, gloves, footwear, and interlining fabrics. The standard provides 
a test to determine whether such clothing and fabrics exhibit ``rapid 
and intense burning,'' and are therefore highly flammable.
    In 1953, Congress enacted the Flammable Fabrics Act of 1953 
(``FFA''), (Pub. L. 83-88, 67 Stat. 111). As enacted in 1953 and 
amended in 1954, the FFA prohibited the importation, manufacture for 
sale, or the sale in commerce of any article of wearing apparel, which 
is ``so highly flammable as to be dangerous when worn by individuals.'' 
The FFA of 1953 specified that a test, first published by the 
Department of Commerce as a voluntary commercial standard, then called 
``Flammability of Clothing Textiles, Commercial Standard (``CS'') 191-
53,'' shall be used to determine if fabric or clothing is ``so highly 
flammable as to be dangerous when worn by individuals.''
    In 1967, Congress amended the FFA, expanding its coverage and 
authorizing the Secretary of Commerce to issue flammability standards 
through rulemaking. A savings clause kept the flammability standard for 
clothing textiles that the 1953 Act had mandated into effect until 
superseded or modified by the Secretary of Commerce through the 
procedures specified in the 1967 amendment. See section 11 of Public 
Law 90-189, 81 Stat. 568, December 14, 1967.
    In 1972, Congress established the Consumer Product Safety 
Commission when it enacted the Consumer Product Safety Act (``CPSA''), 
15 U.S.C. 2051 et seq. The CPSA transferred to the Commission the 
authority the Secretary of Commerce had to issue and amend flammability 
standards under the FFA. 15 U.S.C. 2079(b). In 1975, the Commission 
codified the FFA of 1953 at 16 CFR 1609 and the Standard for the 
Flammability of Clothing Textiles at 16 CFR part 1610. It is this 
standard that the Commission is considering amending.

2. The Current Standard

    The clothing textile standard describes a test apparatus and the 
procedures for testing clothing and textiles intended for clothing. It 
establishes three classes of flammability: Class 1 or normal 
flammability; class 2 or intermediate flammability; and class 3 or 
rapid and intense burning. Clothing and textiles that are categorized 
as class 3 under the prescribed test method are considered dangerously 
flammable. 16 CFR 1610.3
    To determine the appropriate classification, the standard 
prescribes the method of testing. Five specimens are subjected to a 
flammability tester. This is a draft-proof ventilated chamber 
containing an ignition medium, a sample rack and an automatic timing 
device. Id. 1610.4(b). The ignition medium is a spring-motor driven gas 
jet around a 26-gage hypodermic needle. Id. 1610.4(b)(6). A swatch of 
each sample must be subjected to the dry cleaning and hand washing 
procedure prescribed by the standard. Id. 1610.4(d)&(e). To determine 
results, the average time of flame spread is taken for five specimens. 
However, if the time of flame spread is less than 4 seconds (3\1/2\ 
seconds for plain-surfaced fabrics) or the specimens do not burn, five 
additional specimens must be tested and the average time of flame 
spread for these ten specimens taken. Id. 1610.4(g)(7). Classification 
is based on the reported results before and after drycleaning and 
washing, whichever is lower. Id. 16110.4(g)(8).

B. Statutory Provisions

    The FFA sets forth the process by which the Commission can issue or 
amend a flammability standard. The Commission first must issue an 
advance notice of proposed rulemaking (``ANPR'') which: (1) Identifies 
the fabric or product and the nature of the risk associated with the 
fabric or product; (2) summarizes the regulatory alternatives under 
consideration; (3) provides information about existing relevant 
standards and reasons why the Commission does not preliminarily believe 
that these standards are adequate; (4) invites interested persons to 
submit comments concerning the identified risk of injury, regulatory 
alternatives being considered, and other possible alternatives; (5) 
invites submission of an existing standard or portion of a standard as 
a proposed regulation; and (6) invites submission of a statement of 
intention to modify or develop a voluntary standard to address the risk 
of injury. 15 U.S.C. 1193(g).
    If, after reviewing comments and submissions responding to the 
ANPR, the Commission determines to continue the rulemaking proceeding, 
it will issue a notice of proposed rulemaking. This notice must contain 
the text of the proposed rule along with alternatives the Commission 
has considered and a preliminary regulatory analysis. 15 U.S.C. 
1193(i). Before issuing a final rule, the Commission must prepare a 
final regulatory analysis, and it must make certain findings concerning 
any relevant voluntary standard, the relationship of costs and benefits 
of the rule, and the burden imposed by the regulation. Id. 1193(j). The 
Commission also must provide an opportunity for interested persons to 
make an oral presentation before the Commission issues a final rule. 
Id. 1193(d).

C. Possible Amendment

    This notice initiates the rulemaking process to amend the 
flammability standard for clothing and textiles intended for clothing.

1. The Products

    The products of concern are clothing and fabrics intended to be 
used for clothing. The flammability standard

[[Page 57772]]

applies to all items of clothing, and fabrics used for such clothing, 
whether for adults or children, for daywear or nightwear. The 
Commission has regulations governing the flammability of sleepwear, 16 
CFR 1615 and 1616, that are more stringent than this general wearing 
apparel flammability standard. The possible changes the Commission 
discusses in this notice would not affect the sleepwear standards. The 
changes the Commission is considering would not affect the scope of the 
standard, but would modernize the test method.

2. The Risk of Injury

    According to the standard, its purpose is to ``reduce danger of 
injury and loss of life by providing, on a national basis, standard 
methods of testing and rating the flammability of textiles and textile 
products for clothing use, thereby discouraging the use of any 
dangerously flammable clothing textiles.'' 16 CFR 1610.1. Any 
amendments the Commission is considering would continue to address this 
risk of injury. Changes to the test method to better reflect current 
practices and technologies and clarify some aspects of the standard may 
improve the standard's ability to address the risk of injury. Based on 
the most recent five years of available data, 153 deaths and an 
estimated 4,000 hospital emergency department-treated injuries result 
annually from the ignition of clothing.

3. Regulatory Alternatives

    The Commission is considering changes to the clothing textile 
flammability standard that would modernize and clarify it. Only minimal 
changes, such as removing obsolete footnotes, have been made since its 
development in 1953. However, clothing and technology have undergone 
many changes in that time. Below, is a discussion of the changes the 
Commission is considering at this point.
    Changes to the flammability tester. The flammability tester 
prescribed in the current standard is a mechanical apparatus that is no 
longer available. Apparel manufacturers and other testing laboratories 
now use more modern flammability testers that incorporate electronic 
timers and several other electro-mechanical devices that control and 
apply flame impingement. The Commission is considering requiring a more 
modern flammability tester.
    Changes to the dry cleaning procedure. The method of dry cleaning 
the current standard prescribes requires perchloroethylene in an open 
vessel. However, perchloroethylene has been shown to cause cancer in 
animal tests, and use in this manner violates regulations issued by the 
Environmental Protection Agency. The Commission staff has not used this 
procedure since 1986. (The standard allows alternate procedures if they 
are as stringent as the specified procedure.) An alternative procedure 
using commercial dry cleaning procedures and washing/tumble drying as 
provided in ASTM D 1230 appears to be just as stringent, if not more 
so, as the outdated dry cleaning procedures required by 16 CFR part 
1610.
    Changes to the hand washing procedure. The current standard 
requires that after fabric specimens are dry cleaned they must be hand 
washed with neutral chip soap and line dried before testing them for 
flammability. 16 CFR 1610.4(e). However, this practice is outdated. 
Neutral chip soap is no longer available to consumers, who now use non-
phosphate detergent and usually use home washers and dryers. Moreover, 
limited testing by CPSC indicates that for some raised surfaces the 
machine wash/tumble dry method is more stringent than the procedure now 
required by the standard. The Commission is considering laundering 
requirements similar to those prescribed in American Association of 
Textile Chemists and Colorists (``AATCC'') 124-1996. This would be 
consistent with changes the Commission recently made to the laundering 
requirements for flammability standards for children's sleepwear, 
carpets and rugs, and mattress pads. 65 FR 12924, 12929, and 12935 
(March 10, 2000).
    The Commission is also considering clarifying several portions of 
the standard. When the staff conducts flammability testing it follows 
CPSC's Laboratory Test Manual. The Test Manual provides specific 
directions that aid in appropriate testing. The Commission is 
considering using some portions of the Test Manual to clarify aspects 
of the standard, as discussed below.
    Clarify selection of surface/direction for testing. The standard 
requires that for textiles without a raised-fiber surface, ``the long 
dimension shall be that in which they burn most rapidly, and the more 
rapidly burning surface shall be tested.'' 16 CFR 1610.4(a)(2). 
However, the standard does not clearly describe how to select the 
sample surface and direction for testing. Similarly, for textiles with 
a raised-fiber surface, specimens must be taken from the part that has 
the fastest rate of burning. 16 CFR 1610(a)(3). However, the standard 
does not describe how to determine which area is the most flammable. 
Language from CPSC's Test Manual could be used to clarify both of these 
procedures. The Commission is also considering whether to add 
directions on how to test specialty fabrics.
    Clarify when to test 5 additional specimens. The standard states 
that for plain-surface fabrics if the time of flame spread is less than 
3.5 seconds or if the first five specimens do not burn, five additional 
specimens should be tested. 16 CFR 1610.4(g)(7). However, CPSC testing 
experience has shown that if the first five specimens do not ignite, 
the next five specimens will not ignite either. The CPSC Engineering 
Laboratory Test Manual states that if none of the first five specimens 
burns, five additional specimens should not be tested. As for raised-
fiber surfaces, whose burning characteristics are complicated, the 
standard does not clearly specify when it is necessary to test five 
additional specimens. CPSC's Test Manual could be used to clarify this.
    Clarify when base fabric ignition occurs. Whether the base fabric 
ignites during testing is important because it is a factor in 
determining whether additional testing is necessary and what the fabric 
classification should be. However, the standard provides no clear 
definition of base burn for raised-surface fabrics. The Appendix of CS 
191-53, which was not incorporated in the FFA, clearly defines base 
burn and surface flash. CPSC's Test Manual also contains a 
clarification. These could be added to the standard.
    Add test result codes. The standard provides no codes to report 
complex test results consistently. CPSC developed some codes many years 
ago to record test results. Industry members and test laboratories have 
adopted some of the CPSC codes, but also developed some of their own 
codes. Uniform result codes would facilitate reporting accuracy, 
understanding of flammability performance, and resolution of test 
result differences among laboratories.
    Clarify calculations for determining burn rates and classification. 
The standard generally describes the procedures of calculating average 
time of flame spread. However, it does not clearly state the method to 
determine the flame spread time for raised-fiber surface fabrics. More 
specific direction on calculating average flame spread time would 
enable more accurate fabric classification.
    Specify different desiccant. The standard specifies anhydrous 
calcium chloride as the desiccant to allow specimens to cool before 
testing without reabsorbing moisture. CFR 1610 1610.4(f). However, 
CPSC's Test Manual

[[Page 57773]]

specifies silica gel. Silica gel is more effective, reliable and 
economical.
    Other possible changes. The Commission is considering several other 
possible changes. For example, the Commission is considering some 
changes to the organization of the standard to consolidate it and make 
it easier to understand. The Commission is also considering: Specifying 
that tape can be used to secure specimens in the specimen holder; 
specifying the purpose of brushing specimens and when replacing the 
brush is necessary; specifying the details of specimen conditioning; 
and requiring only the type of laundering/drycleaning specified on a 
garment's care label. The Commission is also considering clarifying and 
amending regulations concerning fabrics exempted from testing for 
guaranties. See 16 CFR 1610.37(d).

4. Existing Relevant Standards

    The Commission staff conducted a review to find other relevant 
textile standards. The staff found three relevant standards with modern 
dry cleaning methods and/or laundering methods.
    American Society for Testing and Materials (ASTM)D 1230-94, 
Standard Test Method for Flammability of Apparel Textiles. This 
voluntary standard provides methods for testing and evaluating the 
flammability of textile fabrics used as apparel in both original state 
condition and after refurbishment. The standard specifies two dry 
cleaning options. However, only one--any commercial dry cleaning 
operation in a closed environment for one cycle--is still available. 
After the fabric is dry cleaned, it is laundered using home-type 
washing and drying machines. The standard refers to the American 
Association of Textile Chemists and Colorists (AATCC) Test Method 135 
entitled Dimensional Changes in Automatic Home Laundering of Woven and 
Knit Fabrics. This voluntary standard specifies the type of detergent, 
washing and drying conditions and washer and dryer specifications. An 
analysis of the laboratory test data from an ASTM interlaboratory round 
robin conducted in 1991 indicates that for specimens subjected to ASTM 
D 1230 (both dry cleaning and machine laundering followed by tumble 
drying procedures specified in AATCC Test Method 135), this 
flammability test was as stringent or more stringent than the 
refurbishing procedure in 16 CFR part 1610.
    British Standards Institution (``BSI'') BS EN ISO 3175: 1996 
Textile--Evaluation of Stability to Machine Drycleaning. The purpose of 
this standard is to determine whether normal to very sensitive fabrics 
can be dry cleaned by examining dimensional changes after three to five 
cleaning treatments. It uses a commercial dry cleaning machine 
containing perchloroethylene and a detergent followed by some form of 
steam treatment and/or hot pressing (a lesser drying temperature or 
line drying is used for fabrics containing heat sensitive fibers). This 
standard uses a modern procedure, a commercial dry cleaning machine, 
but such a machine would not necessarily be available in the U.S. and 
would have to have appropriate environmental controls installed. The 
standard does not have a laundering procedure.
    Canadian General Standards Board (``CGSB'') CAN/CGSB-4.2 No. 30.3-
94, Procedure for the Removal of Non-permanent Flame-retardant 
Treatments from Textile Products. The purpose of this dry cleaning and 
laundering standard is to test fabrics for the presence of nonpermanent 
flame-retardant treatments applied to textile products. The procedures 
specify that the fabric should be initially dry cleaned in either a 
coin-operated perchloroethylene dry cleaning machine or in any 
commercial dry cleaning operation. This is followed by laundering in a 
domestic-type washing machine using neutral chip soap and dried 
according to the care instructions provided by the fabric manufacturer. 
One dry cleaning and one laundering cycle are recommended. The washing 
machine specified in this standard is not currently available in the 
U.S.

5. Invitations to Comment

    In accordance with section 4(g) of the FFA, the Commission invites 
comments on this notice, specifically:
    1. Comments concerning the risk of injury identified in this 
notice, the regulatory alternatives discussed above, and other 
alternatives to address the risk of injury;
    2. an existing standard or portion of a standard as a proposed 
rule;
    3. a statement of intention to modify or develop a voluntary 
standard to address the risk of injury identified in the notice along 
with a description of a plan to modify or develop the standard.
    In addition, the Commission is interested in obtaining further 
information and comments about the possible changes to the clothing 
flammability standard discussed above, such as:
    1. Modernizing the flammability tester;
    2. updating the prescribed dry cleaning method;
    3. updating the laundering method described in the standard;
    4. revising or clarifying confusing test procedures;
    5. developing standardized language for interpreting and reporting 
test results;
    6. reorganizing some text of the rule for clarity; and
    7. clarifying or amending the exemptions from the requirements for 
testing to support guaranties at 1610.37(d).

    Dated: September 9, 2002.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.

List of Relevant Documents

    1. Briefing memorandum from Jacqueline Elder, Acting Assistant 
Executive Director, EXHR and Margaret Neily, Project Manager, 
Directorate for Engineering Sciences, to the Commission, ``Amending 
the Standard for the Flammability of Clothing Textiles, 16 CFR 
1610,'' May 29, 2002.
    2. Memorandum from Weiying Tao, Division of Electrical 
Engineering, to Margaret Neily, Project Manager, ``Amending the 
Flammability Tester Specifications, the Dry Cleaning and Washing 
Procedures of the CPSC Flammability Regulations in 16 CFR 1610,'' 
February 28, 2002.
    3. Memorandum from Weiying Tao, Division of Electrical 
Engineering, to Margaret Neily, Project Manager, ``Alternate Dry 
Cleaning and Washing Requirements of Apparel Specified in Standards 
Other than 16 CFR Part 1610 Standard for the Flammability of 
Clothing Textiles,'' March 1, 2002.
    4. Memorandum from Weiying Tao, (previously) on detail to ESME, 
to Margaret Neily, Project Manager, ``Proposed Revisions for the 
Standard for the Flammability of Clothing Textiles,'' March 25, 
2002.

[FR Doc. 02-23273 Filed 9-11-02; 8:45 am]
BILLING CODE 6355-01-P