99-6075. Standard for the Flammability of Children's Sleepwear: Sizes 0 Through 6X; Standard for the Flammability of Children's Sleepwear: Sizes 7 Through 14  

  • [Federal Register Volume 64, Number 51 (Wednesday, March 17, 1999)]
    [Proposed Rules]
    [Pages 13126-13132]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-6075]
    
    
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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: Proposed amendments.
    
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    SUMMARY: The Commission proposes to amend 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 
    proposing these amendments because the detergent specified by the 
    existing laundering procedure is no longer available and the operating 
    characteristics of the washing and drying machines required by that 
    procedure are no longer representative of machines now used for home 
    laundering.
    
    DATES: Written comments concerning the proposed amendments must be 
    received by the Office of the Secretary not later than June 1, 1999.
    
    ADDRESSES: Written comments should be captioned ``Children's Sleepwear, 
    Laundering Procedures'' and mailed to the Office of the Secretary, 
    Consumer Product Safety Commission, Washington, D.C. 20207, or 
    delivered to that office, room 502, 4330 East-West Highway, Bethesda, 
    Maryland. Comments may also be filed by telefacsimile to (301) 504-0127 
    or by email to cpsc-os@cpsc.gov.
    
    FOR FURTHER INFORMATION CONTACT: Margaret Neily, Project Manager, 
    Directorate for Engineering Sciences, Consumer Product Safety 
    Commission, Washington, D.C. 20207; telephone (301) 504-0508, extension 
    1293.
    
    SUPPLEMENTARY INFORMATION:
    
    A. Background
    
        The Flammable Fabrics Act (``FFA'') (15 U.S.C. 1191 et seq.) 
    authorizes issuance and amendment of flammability standards and 
    regulations to protect the public from unreasonable risks of death, 
    injury, and property damage from fire associated with products of 
    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
    
    [[Page 13127]]
    
    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.
        Both standards prescribe a test which requires that specimens of 
    fabrics, seams, and trim of children's sleepwear garments must self-
    extinguish after exposure to a small open flame. The standards do not 
    require or prohibit the use of any particular type of fabric as long as 
    the manufacturer successfully completes the prescribed prototype and 
    production testing.
        Each standard defines the term ``children's sleepwear'' to mean 
    ``any product of wearing apparel'' in the sizes covered by the standard 
    ``such as nightgowns, pajamas, or similar or related items, such as 
    robes, intended to be worn primarily for sleeping or activities related 
    to sleeping.'' The standard for sizes 0 through 6X excludes infant 
    garments sized for children nine months of age or younger. Both 
    standards exclude diapers, underwear, and certain tight-fitting 
    garments. See 16 CFR 1615.1(a) and 1616.2(a), as amended September 9, 
    1996 (61 FR 47634).
    
    B. Amending the Flammability Standards
    
        As discussed below, laundering procedures are prescribed by the 
    standards to help assure than 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, and the Commission is therefore 
    proposing to change them.
    
    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. The standards address the possibility that a 
    flame-retardant treatment used in children's sleepwear might 
    progressively deteriorate by washing or drying. 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 
    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.............  60  3 deg.C..............  60  3 deg.C.
        Rinse Water Temp............  41  3 deg.C..............  Less Than 29 deg.C.
        Water Level.................  Full.................................  18  1 gal.
        Agitator Speed..............  70  5 spm................  179 2 spm.
        Wash Time...................  12 minutes...........................  12 minutes.
        Spin Speed..................  500-510 rpm..........................  630-660 rpm.
        Final Spin Cycle............  4 minutes............................  6 minutes.
     
    
    
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    Dryer:
        Cycle.......................  Normal..............................  Cotton Sturdy......  Durable Press.
        Exhaust Temp................  140-160 deg.F.......................  140-160 deg.F......  140-160 deg.F.
        Cool Down Cycle.............  5 minutes...........................  5 minutes..........  10 minutes.
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    spm = strokes (or cycles) per minute.
    rpm = revolutions per minute.
    
    
    [[Page 13128]]
    
        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
    
        In addition to reviewing AATCC Test Method 124-1996, 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. Standards and test 
    methods from AATCC, ASTM, the International Standards Organization, the 
    United Kingdom, Australia, Canada, China and the Soap and Detergent 
    Association were identified. All of these methods could be used for 
    sleepwear fabrics and mattress pads.
        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 staff 
    conducted laundering comparisons using sleepwear made of cotton fabrics 
    with the two known FR treatments being used to treat children's 
    sleepwear at the time of the testing (organic phosphorous compound and 
    antimony trioxide) and two untreated flame resistant polyester fabrics. 
    All fabrics met the requirements of the children's flammability test in 
    their original state (as marketed or after one laundering, as 
    appropriate) and after 50 launderings with the old AATCC detergent and 
    equipment specified in AATCC 124-69.
        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. The Pyrovatex-treated sleepwear also did not perform well in 
    flammability testing 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 conducting these studies CPSC informed the manufacturer of 
    Pyrovatex of the results. The manufacturer conducted additional studies 
    to evaluate its product's performance on children's sleepwear as it is 
    used and laundered by consumers. The manufacturer 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
    
        The Commission proposes to revise the laundering procedures 
    specified in the children's sleepwear standards at 16 CFR 1615.4(g)(4) 
    and 1616.5(c)(4) to those of AATCC Test Method 124-1996.
        The children's sleepwear standards were issued under section 4 of 
    the FFA (15 U.S.C. 1193), which authorizes the issuance or amendment of 
    flammability standards to protect the public against unreasonable risks 
    of fire leading to death, personal injury, or significant property 
    damage. As required by section 4(b) of the FFA, both standards are 
    based on findings that they are needed to adequately protect the public 
    against the unreasonable risk of the occurrence of fire leading to 
    death, personal injury, or significant property damage. That section 
    further requires findings that a flammability standard issued under the 
    FFA is ``reasonable, technologically practicable, and appropriate.''
        The proposed changes to the standards are needed to make the 
    specified laundering procedures represent those currently used by 
    consumers. The proposed amendments are also needed to assure that the 
    standards will continue to be ``technologically practicable,'' for both 
    the Commission's laboratory and those manufacturers of children's 
    sleepwear required to use the laundering procedures and perform the 
    testing required by the standards.
        Section 4(g) of the FFA (15 U.S.C. 1193(g)) states that a 
    proceeding ``for the promulgation of a regulation under this section'' 
    shall be initiated by publication of an advance notice of proposed 
    rulemaking (``ANPR''), and sets forth requirements for the contents of 
    the ANPR. However, these proposed amendments are necessary because 
    technical advances and the passage of time have rendered the existing 
    test method obsolete. The amendments preserve the original intent and 
    effect of the existing test method, modifying that method only as 
    necessary to reflect the existence of modern equipment and detergent. 
    Moreover, the existing regulations permit the Commission to employ a 
    laundering test method different from AATCC Test Method 124 if it 
    concludes that the test method is substantively as protective. Because 
    the existing regulations allow the Commission to achieve without any 
    amendment the substance of what it now proposes to achieve by 
    amendment, and because the proposed amendments preserve the regulatory 
    status quo, save for the reflection of modern equipment and detergent, 
    the Commission has determined that it is not legally required to 
    commence this proceeding with an ANPR, nor is it necessary for the 
    Commission to make the findings that FFA sections 1193(g) and (h) would 
    otherwise require.
        The amendments proposed below would require specimens 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 proposed amendments would incorporate that test method into 
    the sleepwear standard by reference.
        The amendments proposed below 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
    
    [[Page 13129]]
    
    laundering procedures. The proposed 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 proposed amendments of the enforcement rules implementing the 
    standard for sizes 7 through 14 also include a revision of section 
    1616.32(g), Commission testing for compliance. The proposed amendment 
    corrects an erroneous citation in the regulations to the laundering 
    provisions of the standard. The correct citation in the proposed 
    amendment is to section 1616.5(c)(4)(ii) of the standard rather than 
    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.
    
    6. Effective Date
    
        Section 4(b) of the FFA (15 U.S.C. 1193(b)) provides that an 
    amendment of a flammability standard shall become effective one year 
    from the date it is promulgated, unless the Commission finds for good 
    cause that an earlier or later effective date is in the public 
    interest, and publishes that finding. Section 4(b) also requires that 
    an amendment of a flammability standard shall exempt products ``in 
    inventory or with the trade'' on the date the amendment becomes 
    effective, unless the Commission limits or withdraws that exemption 
    because those products are so highly flammable that they are dangerous 
    for use by consumers.
        One reason for proposing these amendments of the children's 
    sleepwear standards is that the standard detergent specified by the 
    existing laundering method in the standards is no longer available. The 
    Commission has reason to believe that an effective date 30 days after 
    publication of final amendments will be in the public interest. The 
    Commission does not propose to withdraw or limit the exemption for 
    products in inventory or with the trade as provided by section 4(b) of 
    the FFA.
        The Commission believes that an effective date of thirty days would 
    provide adequate notice to all interested persons of the change in 
    laundering procedure, and at the same time would assure that the 
    Commission will be able to test for compliance with the standards 
    without interruption. Those manufacturers who perform premarket testing 
    in accordance with the laundering procedures specified in the standards 
    will also benefit from a relatively short effective date.
        The Commission invites comments on the proposed effective date and 
    factual information relating to that issue.
    
    C. Other Issues
    
    1. Impact on Small Businesses
    
        In accordance with section 605(b) of the Regulatory Flexibility Act 
    (5 U.S.C. 605(b)), the Commission hereby certifies that the amendments 
    to the children's sleepwear standards and enforcement rules proposed 
    below will not have a significant economic impact on a substantial 
    number of small entities, including small businesses, if issued on a 
    final basis. As noted above, the requirements for washing and drying 
    specimens 50 times before testing were included in the standards to 
    assure that any flame retardant treatment used in children's sleepwear 
    would not be removed by repeated laundering.
        When the standards were issued in 1971 and 1974, some fabrics used 
    in the production of children's sleepwear were treated with flame 
    retardants. However, at this time, nearly all fabrics used for 
    children's sleepwear are made without flame retardant treatments. The 
    ability of these fabrics to pass the flammability tests in the 
    standards is not affected by washing or drying. (3) Moreover, the 
    proposed changes are intended to bring the standards promulgated in the 
    1970s into conformance with current practices. Independent testing 
    laboratories report that they currently use the requirements of the 
    revised test method (AATCC Test Method 124-96) that the Commission is 
    proposing. Because the proposed amendment would codify existing 
    industry testing practices (and reflect current consumer practices), 
    the proposal is not expected to have an effect on small entities.
    
    2. Environmental Considerations
    
        The amendments proposed below fall within the categories of 
    Commission actions described at 16 CFR 1021.5(c) that have little or no 
    potential for affecting the human environment. The amendments are not 
    expected to have a significant effect on production processes or on the 
    types or amounts of materials used for construction or packaging of 
    children's sleepwear. The amendments will not render existing 
    inventories unsalable, or require destruction of existing goods. The 
    Commission has no information indicating any special circumstances in 
    which these amendments may affect the human environment. Accordingly, 
    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 proposed below, if issued on a final 
    basis, would 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, 
    if issued on a final basis, the amendments proposed below will preempt 
    nonidentical state or local flammability standards or regulations that 
    are intended to address the unreasonable risk of fire associated with 
    ignition of children's sleepwear in sizes 0 through 14.
        In accordance with Executive Order 12612 (October 26, 1987), the 
    Commission certifies that the proposed amendments do not have 
    sufficient implications for federalism to warrant a Federalism 
    Assessment.
    
    List of Subjects in 16 CFR Parts 1615 and 1616
    
        Clothing, Consumer protection, Flammable materials, 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 
    proposes to amend 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 paragraph (g)(4)(i) and 
    (ii) to read as follows:
    
    [[Page 13130]]
    
    Sec. 1615.4  Test procedure.
    
        (g) Testing * * *
        (4) Laundering. (i) The procedures described in paragraphs (b) 
    through (g) of this section 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. These 
    materials are incorporated as they exist in the edition which has been 
    approved by the Director of the Federal Register and which has been 
    filed with the Office of the Federal Register. 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.
    * * * * * *
        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 124-1996.5 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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        \5\ American Association of Textile Chemists and Colorists, 
    Technical Manual. Vol 73, 1997.
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    * * * * *
        (b) Application procedure. (1) Applicants seeking approval for use 
    of an alternate laundering procedure under section 1615.4(g)(4)(iii) of 
    the standard must submit the following information 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 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 Executive Director for Compliance. * * *
        (e) Revalidation testing failures. (1) If revalidation testing for 
    any fabric or garment does not meet the criteria of paragraph (f) of 
    this section, 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 paragraph (f) of this section, 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 section 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:
    
    
    [[Page 13131]]
    
    
        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 
    (ii) to read as follows:
    
    
    Sec. 1616.5  Test procedure.
    
        (c) Testing * * *
        (4) Laundering. (i) The procedures described under Sec. 1616.4 
    Sampling and acceptance procedures, paragraph (b) of this section, 
    Mounting and conditioning of specimens, and paragraph (c) of this 
    section 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. These materials are incorporated as 
    they exist in the edition which has been approved by the Director of 
    the Federal Register and which has been filed with the Office of the 
    Federal Register. 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-C, 140 deg.5-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-C, 150 deg.10-F) and cool down time 
    of 10 minutes specified in the ``Durable Press'' conditions of Table 
    IV.
    * * * * *
        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), (b) 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 124-1996.3 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.
    ---------------------------------------------------------------------------
    
        \3\ American Association of Textile Chemists and Colorists, 
    Technical Manual. Vol 73, 1997.
    ---------------------------------------------------------------------------
    
    * * * * *
        (b) Application procedure. (1) Applicants seeking approval for use 
    of an alternate laundering procedure under section 1616.5(c)(4)(ii) of 
    the standard must submit the following information 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 paragraph (e) of this section, 
    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 paragraph (f) of 
    this section, 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 paragraph (f) of this section, 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 section 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
    
    [[Page 13132]]
    
    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 section 
    1616.5(c)(4)(ii) of the standard. (15 U.S.C. 1193, 1194; 15 U.S.C. 
    2079(b))
    * * * * *
        Dated: March 8, 1999.
    Sadye E. Dunn,
    Secretary, Consumer Product Safety Commission.
    
    List of Relevant Documents
    
        1. American Association of Textile Chemists and Colorists, 
    ``Appearance of Durable Press Fabrics After Repeated Home 
    Launderings,'' AATCC Test Method 124-1969. AATCC Technical Manual, 
    Vol. 46, 1970.
        2. American Association of Textile Chemists and Colorists, 
    ``Appearance of Fabrics After Repeated Home Laundering,'' AATCC Test 
    Method 124-1996. AATCC Technical Manual, Vol. 73, 1997.
        3. Briefing memorandum from Margaret Neily, Project Manager, 
    Directorate for Engineering Sciences, to the Commission, ``Proposed 
    Amendments to Flammable Fabrics Act Standards to Replace Obsolete 
    Standard Detergent and Update Laundering Procedures Required for 
    Tests,'' __, 1998.
        4. Memorandum from Gail Stafford, Directorate for Laboratory 
    Sciences, to Margaret Neily, Project Manager, ``Amending the 
    Laundering Provisions of the CPSC Flammability Regulations,'' August 
    18, 1998.
        5. Memorandum from Gail Stafford, Directorate for Laboratory 
    Sciences, to Margaret Neily, Project Manager, ``Textile Laundering 
    Standards,'' August 18, 1998.
        6. Memorandum from Gail Stafford and Shing-Bong Chen, 
    Directorate for Laboratory Sciences, to Margaret Neily, Project 
    Manager, ``Detergent Comparison Tests,'' August 19, 1998.
        7. Log of Meeting on January 21, 1998 concerning Flammability 
    Test of Pyrovatex-treated Flame Resistant Fabrics.
        8. Memorandum from Terrance R. Karels, Directorate for Economic 
    Analysis, to Margaret Neily, Project Manager, ``Amendments to FFA 
    Standards,'' August 10, 1998.
        9. Memorandum from Margaret Neily, Project Manager, Directorate 
    for Engineering Sciences, to the Commission, ``Briefing Package 
    Supplement: Laundering/Detergent Update for Flammable Fabrics Act 
    Standards--The Soap and Detergent Association (SDA) Laundering 
    Procedures,'' January 11, 1999.
        10. Memorandum from Gail Stafford, Directorate for Laboratory 
    Sciences, to Margaret Neily, Project Manager, ``Soap and Detergent 
    Association Proposed Laundering Procedure,'' December 23, 1998.
        11. Letter from Jenan Al-Atrash, Director, Human Health & 
    Safety, The Soap and Detergent Association, to Margaret Neily, 
    Technical Program Coordinator, Office of the Executive Director, 
    including SDA Recommended Wash Conditions for CFR 1615.4, September 
    15, 1998.
        12. Letter from Jenan Al-Atrash, Director, Human Health & 
    Safety, The Soap and Detergent Association, to Margaret Neily, 
    Technical Program Coordinator, Office of the Executive Director, 
    follow-up comments to September 15, 1998, letter, November 12, 1998.
        13. Memorandum from Margaret L. Neily, Project Manager, 
    Directorate for Engineering Sciences, to the Commission, 
    ``Laundering/Detergent Updates--FR notice supplements,'' February 
    19, 1999.
    
    [FR Doc. 99-6075 Filed 3-16-99; 8:45 am]
    BILLING CODE 6355-01-P
    
    
    

Document Information

Published:
03/17/1999
Department:
Consumer Product Safety Commission
Entry Type:
Proposed Rule
Action:
Proposed amendments.
Document Number:
99-6075
Dates:
Written comments concerning the proposed amendments must be received by the Office of the Secretary not later than June 1, 1999.
Pages:
13126-13132 (7 pages)
PDF File:
99-6075.pdf
CFR: (4)
16 CFR 1615.4
16 CFR 1615.32
16 CFR 1616.5
16 CFR 1616.32