[Federal Register Volume 64, Number 51 (Wednesday, March 17, 1999)]
[Proposed Rules]
[Pages 13132-13137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6074]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Parts 1630 and 1631
Standard for the Surface Flammability of Carpets and Rugs;
Standard for the Surface Flammability of Small Carpets and Rugs
AGENCY: Consumer Product Safety Commission.
ACTION: Proposed amendments.
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SUMMARY: The Commission proposes to amend the flammability standards
for carpets and rugs and for small carpets and rugs by revising the
laundering procedure specified in those standards. The laundering
procedures help assure that any fire retardant treatment used on
carpets or on fibers used in the manufacture of carpets will not be
removed or degraded by cleaning, thereby creating a flammability
hazard. The Commission is proposing these amendments because the
detergent specified by the existing laundering procedure is no longer
available and the operating characteristics of the washing and drying
machines required by that procedure are no longer representative of
machines now used for home laundering.
DATES: Written comments concerning the proposed amendments must be
received by the Office of the Secretary not later than June 1, 1999.
ADDRESSES: Written comments should be captioned ``Carpet and Rug
Standards, Laundering Procedures'' and mailed to the Office of the
Secretary, Consumer Product Safety Commission, Washington, D.C. 20207,
or delivered to that office, room 502, 4330 East-West Highway,
Bethesda, Maryland. Comments may also be filed by telefacsimile to
(301) 504-0127 or by email to cpsc-os@cpsc.gov.
FOR FURTHER INFORMATION CONTACT: Margaret Neily, Project Manager,
Directorate for Engineering Sciences, Consumer Product Safety
Commission, Washington, DC 20207; telephone (301) 504-0508, extension
1293.
SUPPLEMENTARY INFORMATION:
A. Background
The Flammable Fabrics Act (``FFA'') (15 U.S.C. 1191 et seq.)
authorizes issuance and amendment of flammability standards and
regulations to protect the public from unreasonable risks of death,
injury, and property damage from fire associated with products of
interior furnishing made from fabric and related materials.
In 1970, the Secretary of Commerce issued two flammability
standards for carpets and rugs to protect the public from risks of
deaths, injuries, and economic losses associated with ignition of
carpets and rugs by small ignition sources. The Standard for the
Surface Flammability of Carpets and Rugs, now codified at 16 CFR Part
1630, is applicable to carpets and rugs with a surface area greater
than 24 square feet and one dimension longer than six feet. The
Standard for the Surface Flammability of Small Carpets and Rugs, now
codified at 16 CFR Part 1631, is applicable to carpets and rugs which
have an area of 24 square feet or less, and no dimension longer than
six feet.
Both standards prescribe a test which involves exposing specimens
from a carpet or rug to a standard ignition source. Eight specimens,
each measuring nine inches by nine inches, are taken from the product
to be tested. A specimen passes the test in the standards if charring
does not extend more than three inches in any direction from the
ignition source. The flammability standard for large carpets and rugs
requires that seven of the eight specimens taken from a carpet or rug
must pass the test. See 16 CFR 1630.3.
The standard for small carpets and rugs requires that seven of
eight specimens taken from a carpet or rug must pass the test, or that
the product must be permanently labeled indicating that it fails the
flammability standard. See 16 CFR 1631.3, 1631.5(a) and 1631.34.
In 1973, authority to issue and amend flammability standards under
the FFA was transferred from the Department of Commerce to the Consumer
Product Safety Commission by section 30(b) of the Consumer Product
Safety Act (15 U.S.C. 2079(b)).
B. Amending the Flammability Standards
As discussed below, laundering procedures are required by the
standards to help assure that any fire-
[[Page 13133]]
retardant chemicals used in the production of carpets or rugs will not
be removed or degraded by repeated cleaning and create a flammability
hazard. However, the current procedures are out of date in several
respects, and the Commission therefore proposes to change them.
1. Current Procedures
The carpet flammability standards describe the apparatus and
procedure to be used to test carpets and rugs for compliance with the
standards. See 16 CFR 1630.4 and 1631.4.
At the time the carpet standards were issued, some carpets and rugs
were treated with fire retardants or made from fibers that were treated
with fire retardants. The standards address the possibility that any
fire-retardant treatment used on carpets or rugs or on fibers used in
the production of carpets or rugs might be progressively reduced by
cleaning. Section 1630.4(b)(1)(ii) of the standard for large carpets
and rugs and section 1631.4(b)(1)(ii) of the standard for small carpets
and rugs require that specimens of a carpet or rug that has a fire-
retardant treatment or that is made from fibers which have had a fire-
retardant treatment shall be tested after they have been washed and
dried 10 times in accordance with a specified laundering procedure, or
``such number of times under such other washing and drying procedures
as shall have been found to be equivalent by the Consumer Product
Safety Commission.''
The laundering procedure specified by the standards is AATCC Test
Method 124-67, published by the American Association of Textile
Chemists and Colorists (``AATCC''). (1)\1\ This procedure involves
washing and drying the specimens in a household washing machine and
dryer. The AATCC test method is similar to the method that might be
used by consumers to clean small carpets and rugs such as bath mats and
small area rugs.
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\1\ Numbers in parentheses identify reference documents in the
List of Relevant Documents at the end of this notice. Requests for
inspection of any of these documents should be made at the Office of
the Secretary, 4330 East-West Highway, room 502, or by calling that
office at (301) 504-0800.
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Although the AATCC laundering procedure does not resemble the
method that consumers could be expected to use for cleaning wall-to-
wall carpeting and large carpets or rugs, the Commission has not made a
finding that any other washing and drying procedure is equivalent to
AATCC Test Method 124-67.
AATCC Test Method 124-67 specifies operating characteristics of the
washing machine and dryer to be used, wash water and rinse water
temperatures, exhaust temperature of the dryer, and a particular
detergent, AATCC Standard Detergent 124. AATCC Test Method 124-67 was
developed in 1967. These specifications are representative of the
equipment, wash, rinse, and drying temperatures, and detergent used for
home laundering in the 1960s. For example, AATCC Standard Detergent 124
is a high-phosphate powder with optical brightener, similar to the
phosphate-based detergents sold to consumers between 1950 and 1970. (3)
Since 1970, environmental concerns about water pollution have
resulted in the elimination of phosphate-based detergents for home
laundering. Today, all laundry detergents sold to consumers are
nonphosphate-based. Additionally, energy-efficient washing machines and
dryers currently sold for consumer use have operating characteristics
and temperature settings which differ from those specified by AATCC
Test Method 124-67. (3)
2. Revised Laundering Test Method
In 1996, AATCC revised AATCC Test Method 124, ``Appearance of
Fabrics After Repeated Home Laundering.'' (2) The 1996 AATCC test
method more closely resembles the equipment and practices used for
household laundering of fabrics at this time. The revised test method
differs from AATCC Test Method 124-67 by specifying the use of 1993
AATCC detergent, a nonphosphate-based detergent. The 1996 test method
also specifies use of a washing machine with different operating
characteristics than those specified by AATCC Test Method 124-67, and
rinse water temperatures which differ from those in the older test
method. (3) Table 1, below, provides a summary comparison of the two
test methods.
Table 1.--AATCC Test Method 124
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Wash/dry conditions Version 1967 Version 1996
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Washing Machine:
Cycle....................... Normal............................... Normal/Cotton Sturdy.
Wash Water Temp............. 60 3 deg.C.............. 60 3 deg.C.
Rinse Water Temp............ 41 3 deg.C.............. Less Than 29 deg.C.
Water Level................. Full................................. 18 1 gal.
Agitator Speed.............. 70 5 spm................ 179 2 spm.
Wash Time................... 12 minutes........................... 12 minutes.
Spin Speed.................. 500-510 rpm.......................... 630-660 rpm.
Final Spin Cycle............ 4 minutes............................ 6 minutes.
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Dryer:
Cycle....................... Normal.............................. Cotton Sturdy...... Durable Press.
Exhaust Temp................ 140-160 deg.F....................... 140-160 deg.F...... 140-160 deg.F.
Cool Down Cycle............. 5 minutes........................... 5 minutes.......... 10 minutes.
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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 offered for sale at this time do not
have the settings and operating characteristics of the washing machine
specified by AATCC Test Method 124-67. (3)
The laundering procedures specified in the carpet flammability
standards must be followed by the Commission when testing carpets
manufactured with a fire-retardant treatment to determine their
compliance. Information available
[[Page 13134]]
to the Commission indicates that at this time, no carpets or rugs
treated with a fire retardant or made from fibers which have been
treated with a fire retardant are offered for sale. However, it is
possible that carpets treated with fire retardants may be marketed in
the future.
Section 8 of the FFA (15 U.S.C. 1197) provides that no person shall
be subject to criminal prosecution under section 7 of the FFA (15
U.S.C. 1196) if that person holds in good faith a written guaranty to
the effect that ``reasonable and representative tests conducted in
accordance with the applicable standard'' show that a product subject
to a flammability standard issued under the FFA complies with that
standard. Enforcement regulations codified at 16 CFR 1630.31 and
1631.31 establish minimum requirements for reasonable and
representative tests to support guaranties of compliance with the
carpet flammability standards.
Although issuance of a guaranty is not mandatory, manufacturers who
elect to issue guaranties must perform the testing required by the
standard, including the laundering procedure specified by the standard
for those carpets and rugs manufactured with a fire-retardant treatment
unless exempted from the use of that procedure by other provisions of
the standards.
3. Review of Other Existing Standards
In addition to reviewing AATCC Test Method 124-1996, the Commission
staff reviewed and analyzed fourteen other international and technical
association standards or test methods to determine if any were
appropriate for consideration in this proceeding. Standards and test
methods from AATCC, ASTM, the International Standards Organization, the
United Kingdom, Australia, Canada, China and the Soap and Detergent
Association were identified.
All of the standards designed for fabric laundering have
significant deficiencies. They are either based on earlier versions of
AATCC Test Method 124 (with obsolete detergent and equipment), require
equipment not available in the U.S., use only water in the laundering
procedure, or specify significantly lower wash and rinse water
temperatures than those still available for consumers.
Two of these methods (AATCC 138 and a Canadian standard CAN/CGSB-
4.2 No. 30.2-M90) were specifically developed for carpets. However,
they use different liquid detergents, and neither of these methods
approximates the typical home laundering used in the Flammability
Standard for Carpets and Rugs. Further, the AATCC 138 was judged to be
too harsh for the hand washable flokati rugs because of the brushing
specified by the method.
4. Proposed Amendment
The carpet flammability standards were issued under section 4 of
the FFA (15 U.S.C. 1193), which authorizes the issuance or amendment of
flammability standards to protect the public against unreasonable risks
of fire leading to death, personal injury, or significant property
damage. As required by section 4(b) of the FFA, both standards are
based on findings that they are needed to adequately protect the public
against the unreasonable risk of the occurrence of fire leading to
death, personal injury, or significant property damage. That section
further requires findings that a flammability standard issued under the
FFA is ``reasonable, technologically practicable, and appropriate.''
The proposed change to the standards is needed to make the
specified laundering procedures represent those currently used by
consumers. The proposed amendments are also needed to assure that the
carpet flammability standards will continue to be ``technologically
practicable'' for both the Commission's laboratory and those
manufacturers of carpets and rugs required to use the laundering
procedures when testing for guaranty purposes.
Section 4(g) of the FFA (15 U.S.C. 1193(g)) states that a
proceeding ``for the promulgation of a regulation under this section''
shall be initiated by publication of an advance notice of proposed
rulemaking (``ANPR''), and sets forth requirements for the contents of
the ANPR. However, these proposed amendments are necessary because
technical advances and the passage of time have rendered the existing
test method obsolete. The amendments preserve the original intent and
effect of the existing test method, modifying that method only as
necessary to reflect the existence of modern equipment and detergent.
Moreover, the existing regulations permit the Commission to employ a
laundering test method different from AATCC Test Method 124 if it
concludes that the test method is substantively as protective. Because
the existing regulations allow the Commission to achieve without any
amendment the substance of what it now proposes to achieve by
amendment, and because the proposed amendments preserve the regulatory
status quo, save for the reflection of modern equipment and detergent,
the Commission has determined that it is not legally required to
commence this proceeding with an ANPR, nor is it necessary for the
Commission to make the findings that FFA sections 1193(g) and (h) would
otherwise require.
The amendments proposed below would require specimens of carpet
manufactured with a fire-retardant treatment to be tested after washing
and drying 10 times using the procedure specified in AATCC Test Method
124-1996. The proposed amendments would incorporate that test method
into the carpet flammability standards by reference.
Existing sections 1630.4(b)(1)(ii) and 1631.4(b)(1)(ii) contain the
following language:
Alternatively, the selected sample or oversized specimens
thereof may be washed, dry-cleaned, or shampooed 10 times prior to
cutting of test specimens, in such manner as the manufacturer or
other interested party shall previously have established to the
satisfaction of the Consumer Product Safety Commission is normally
used for that type of carpet or rug in service. [Emphasis added.]
Alternative laundering procedures have been approved in accordance
with provisions of sections 1630.4(b)(1)(ii) and 1631.4(b)(1)(ii) for
hide carpets and rugs and wool flokati carpets and rugs. See 16 CFR
1630.61, 1630.62 and 1630.63; 16 CFR 1631.61 and 1631.62. The
amendments proposed below would change the references in Subpart C of
sections 1630 and 1631 to the revised AATCC Test Method 124-1996 so
that they are consistent with the other proposed changes.
5. Effective Date
Section 4(b) of the FFA (15 U.S.C. 1193(b)) provides that an
amendment of a flammability standard shall become effective one year
from the date it is promulgated, unless the Commission finds for good
cause that an earlier or later effective date is in the public
interest, and publishes that finding. Section 4(b) also requires that
an amendment of a flammability standard shall exempt products ``in
inventory or with the trade'' on the date the amendment becomes
effective, unless the Commission limits or withdraws that exemption
because those products are so highly flammable that they are dangerous
for use by consumers.
One reason for proposing these amendments of the carpet
flammability standards is that the standard detergent specified by the
existing laundering method in the standard is no longer available. The
Commission has reason to believe that an effective date 30 days after
publication of final amendments will be in the public interest. The
Commission does not propose to withdraw or limit the exemption for
[[Page 13135]]
products in inventory or with the trade as provided by section 4(b) of
the FFA.
The Commission believes that an effective date of thirty days would
give adequate notice to all interested persons of the change in
laundering procedure, and at the same time would assure that the
Commission will be able to test for compliance with the standards
without interruption. Those manufacturers who perform testing in
accordance with the laundering procedure specified in the standard will
also benefit from a relatively short effective date.
The Commission invites comments on the proposed effective date and
factual information relating to that issue.
C. Other Issues
1. Impact on Small Businesses
In accordance with section 605(b) of the Regulatory Flexibility Act
(5 U.S.C. 605(b)), the Commission hereby certifies that the amendments
to the carpet flammability standards proposed below will not have a
significant economic impact on a substantial number of small entities,
including small businesses, if issued on a final basis.
As noted above, the Commission has not been able to find any
carpets or rugs currently offered for sale which have been treated with
a fire-retardant treatment or made from fibers treated with a fire-
retardant. In the event that some carpets treated with a fire-retardant
or made from fibers treated with a fire-retardant treatment come onto
the market in the future, manufacturers will be able to apply for
approval of any alternate laundering procedure which is normally used
for cleaning those products if the procedure specified by the
amendments is not appropriate.
Consequently, the Commission estimates that the amendments proposed
below will have no economic consequences to any manufacturers, large or
small, of carpets and rugs.
2. Environmental Considerations
The amendments proposed below fall within the categories of
Commission actions described at 16 CFR 1021.5(c) that have little or no
potential for affecting the human environment. The amendments are not
expected to have a significant effect on production processes or on the
types or amounts of materials used for the manufacture of carpets and
rugs. The amendments will not render existing inventories unsalable, or
require destruction of existing goods. The Commission has no
information indicating any special circumstances in which these
amendments may affect the human environment. For that reason, neither
an environmental assessment nor an environmental impact statement is
required.
3. Executive Orders
Executive Order 12988 (February 5, 1996), requires agencies to
state in clear language the preemptive effect, if any, to be given to
any new regulation. The amendments proposed below, if issued on a final
basis, would modify two flammability standards issued under the FFA.
With certain exceptions which are not applicable here, no state or
political subdivision of a state may enact or continue in effect ``a
flammability standard or other regulation'' applicable to the same
fabric or product as an FFA standard if the state or local flammability
standard or regulation is ``designed to protect against the same risk
of the occurrence of fire'' unless the state or local flammability
standard or regulation ``is identical'' to the FFA standard. See
section 16 of the FFA (15 U.S.C. 1203). Consequently, if issued on a
final basis, the amendments proposed below will preempt nonidentical
state or local flammability standards or regulations that are intended
to address the unreasonable risk of the occurrence of fire associated
with ignition of carpets and rugs.
In accordance with Executive Order 12612 (October 26, 1987), the
Commission certifies that the proposed amendments do not have
sufficient implications for federalism to warrant a Federalism
Assessment.
List of Subjects in 16 CFR Parts 1630 and 1631
Carpets and rugs, Consumer protection, Flammable materials, Floor
coverings, Labeling, Records, Rugs, Textiles, Warranties.
Conclusion
Therefore, pursuant to the authority of section 30(b) of the
Consumer Product Safety Act (15 U.S.C. 2079(b)) and sections 4 and 5 of
the Flammable Fabrics Act (15 U.S.C. 1193, 1194), the Commission hereby
proposes to amend title 16 of the Code of Federal Regulations, Chapter
II, Subchapter D, Parts 1630 and 1631 to read as follows:
PART 1630--STANDARD FOR THE SURFACE FLAMMABILITY OF CARPETS AND
RUGS
1. The authority for subpart A of part 1630 continues to read as
follows:
Authority: Sec. 4, 67 Stat. 112, as amended, 81 Stat. 569-570;
15 U.S.C. 1193.
2. Section 1630.4 is amended by revising paragraph (b)(1)(ii),
removing footnote 3, redesignating footnotes 4 and 5 as footnotes 3 and
4 respectively, and adding new paragraph (b)(1)(iii) to read as
follows:
Sec. 1630.4 Test procedure.
* * * * *
(b) Sampling--(1)(i) * * *
(ii) If the carpet or rug has had a fire-retardant treatment, or is
made of fibers which have had a fire-retardant treatment, the selected
sample or over-sized specimens thereof shall be washed, prior to
cutting of test specimens after they have been washed and dried either
10 times in accordance with sections 8.2.2, 8.2.3, and 8.3.1(A) of
AATCC Test Method 124-1996 ``Appearance of Fabrics After Repeated Home
Laundering,'' using wash temperature V (60 deg. 3 deg. C,
140 deg. 5 deg. F) specified in Table II of that method,
and the water level, agitator speed, washing time, spin speed and final
spin cycle specified for ``Normal/Cotton Sturdy'' in Table III, and
drying shall be performed in accordance with section 8.3.1(A) of that
test method, Tumble Dry, maximum load 3.64 Kg (8 pounds), using the
exhaust temperature (66 deg. 5 deg. C,150 deg.
10 deg. F) and cool down time of 10 minutes specified in
the ``Durable Press'' conditions of Table IV; or such number of times
by another washing and drying procedure which the Consumer Product
Safety Commission has determined to be equivalent of AATCC Test Method
124-1996. Alternatively, the selected sample or oversized specimens
thereof may be washed, drycleaned, or shampooed 10 times, prior to
cutting of test specimens, in such manner as the manufacturer or other
interested party shall previously have established to the satisfaction
of the Consumer Product Safety Commission is normally used for that
type of carpet or rug in service.
(iii) AATCC Test Method 124-1996 ``Appearance of Fabrics After
Repeated Home Laundering,'' is found in Technical Manual of the
American Association of Textile Chemists and Colorists, vol. 73, 1997,
is incorporated by reference. Copies of this document are available
from the American Association of Textile Chemists and Colorists, P.O.
Box 12215, Research Triangle Park, North Carolina 27709. This document
is also available for inspection at the Office of the Federal Register,
800 North Capitol Street, NW., Suite 700, Washington, DC. This
incorporation by reference was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These
materials are incorporated as they exist in the edition which has been
approved
[[Page 13136]]
by the Director of the Federal Register and which has been filed with
the Office of the Federal Register.
* * * * *
3. The authority for subpart C of part 1630 continues to read as
follows:
Authority: Secs. 4, 5, 67 Stat. 112, as amended, 81 Stat. 569-
570; 15 U.S.C. 1193, 1194.
4. Section 1630.61 is amended by revising the first sentence of
paragraph (a) to read as follows:
Sec. 1630.61 Hide carpets and rugs--alternative washing procedure.
(a) The Standard for the Surface Flammability of Carpets and Rugs
(FF 1-70) at Sec. 1630.4(b)(1)(ii) provides that if a carpet or rug has
had a fire-retardant treatment, or is made of fibers which have had a
fire-retardant treatment, the sample or oversized specimens thereof
selected for testing under the standard shall be washed prior to the
cutting of test specimens either 10 times under the washing and drying
procedure prescribed in Method 124-1996 of the American Association of
Textile Chemists and Colorists or such number of times under such other
washing and drying procedure as shall previously have been found to be
equivalent by the Consumer Product Safety Commission. * * *
* * * * *
5. Section 1630.62 is amended by revising the first sentences in
paragraphs (a) and (d)(3) as follows:
Sec. 1630.62 Wool flokati carpets and rugs--alternative washing
procedure.
(a) The Standard for the Surface Flammability of Carpets and Rugs
(FF 1-70) at Sec. 1630.4(b)(1)(ii) provides that if a carpet or rug has
had a fire-retardant treatment, or is made of fibers which have had a
fire-retardant treatment, the sample or oversized specimens thereof
selected for testing under the standard shall be washed prior to the
cutting of test specimens either 10 times under the washing and drying
procedure prescribed in Method 124-1996 of the American Association of
Textile Chemists and Colorists or such number of times under such other
washing and drying procedure as shall previously have been found to be
equivalent by the Consumer Product Safety Commission. * * *
* * * * *
(d) * * *
(3) Place individual specimen face down in a shallow pan which has
been filled to a depth of 2'' with a wash solution of 1.1 grams of
AATCC (American Association of Textile Chemists and Colorists) Standard
Detergent as specified in AATCC Method 124-1996 (or equivalent) per
liter of water preheated to 105 deg.F. * * *
* * * * *
6. Section 1630.63 is amended by revising the first sentence in
paragraph (a)(1) to read as follows:
Sec. 1630.63 Suspension of washing requirements for carpets and rugs
with alumina trihydrate in the backing.
(a)(1) The Standard for the Surface Flammability of Carpets and
Rugs (FF 1-70) at Sec. 1630.4(b)(1)(ii) provides that if a carpet or
rug has had a fire-retardant treatment, or is made of fibers which have
had a fire-retardant treatment, the sample or oversized specimens
thereof selected for testing under the standard shall be washed prior
to the cutting of test specimens either 10 times under the washing and
drying procedure prescribed in Method 124-1996 of the American
Association of Textile Chemists and Colorists or such number of times
under such other washing and drying procedure as shall previously have
been found to be equivalent by the Consumer Product Safety Commission.
* * *
* * * * *
PART 1631--STANDARD FOR THE SURFACE FLAMMABILITY OF SMALL CARPETS
AND RUGS
1. The authority for subpart A of part 1631 continues to read as
follows:
Authority: Sec. 4, 67 Stat. 112, as amended, 81 Stat. 569-570;
15 U.S.C. 1193.
2. Section 1631.4 is amended by revising paragraph (b)(1)(ii),
removing footnote 3, redesignating footnotes 4 and 5 as footnotes 3 and
4 respectively, and adding new paragraph (b)(1)(iii) to read as
follows:
1631.4 Test procedure.
* * * * *
(b) Sampling--(1) * * *
(ii) If the carpet or rug has had a fire-retardant treatment, or is
made of fibers which have had a fire-retardant treatment, the selected
sample or over-sized specimens thereof shall be washed, prior to
cutting of test specimens after they have been washed and dried either
10 times in accordance with sections 8.2.2, 8.2.3, and 8.3.1(A) of
AATCC Test Method 124-1996 ``Appearance of Fabrics After Repeated Home
Laundering,'' using wash temperature V (60 deg. 3 deg.C,
140 deg. 5 deg.F) specified in Table II of that method,
and the water level, agitator speed, washing time, spin speed and final
spin cycle specified for ``Normal/Cotton Sturdy'' in Table III, and
drying shall be performed in accordance with section 8.3.1(A) of that
test method, Tumble Dry, maximum load 3.64 Kg (8 pounds), using the
exhaust temperature (66 deg. 5 deg.C, 150 deg.
10 deg.F) and cool down time of 10 minutes specified in
the ``Durable Press'' conditions of Table IV; or such number of times
by another washing and drying procedure which the Consumer Product
Safety Commission has determined to be equivalent of AATCC Test Method
124-1996. Alternatively, the selected sample or oversized specimens
thereof may be washed, drycleaned, or shampooed 10 times, prior to
cutting of test specimens, in such manner as the manufacturer or other
interested party shall previously have established to the satisfaction
of the Consumer Product Safety Commission is normally used for that
type of carpet or rug in service.
(iii) AATCC Test Method 124-1996 ``Appearance of Fabrics After
Repeated Home Laundering,'' is found in Technical Manual of the
American Association of Textile Chemists and Colorists, vol. 73, 1997,
is incorporated by reference. Copies of this document are available
from the American Association of Textile Chemists and Colorists, P.O.
Box 12215, Research Triangle Park, North Carolina 27709. This document
is also available for inspection at the Office of the Federal Register,
800 North Capitol Street, NW., Suite 700, Washington, DC. This
incorporation by reference was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These
materials are incorporated as they exist in the edition which has been
approved by the Director of the Federal Register and which has been
filed with the Office of the Federal Register.
* * * * *
3. The authority for subpart C of part 1631 continues to read as
follows:
Authority: Secs. 4, 5, 67 Stat. 112, as amended, 81 Stat. 569-
70; 15 U.S.C. 1193, 1194.
4. Section 1631.61 is amended by revising the first sentence of
paragraph (a) as follows:
Sec. 1631.61 Hide carpets and rugs--alternative washing procedure.
(a) The Standard for the Surface Flammability of Carpets and Rugs
(FF 1-70) at Sec. 1630.4(b)(1)(ii) provides that if a carpet or rug has
had a fire-retardant treatment, or is made of fibers which have had a
fire-retardant treatment, the sample or oversized specimens thereof
selected for testing under the standard shall be washed prior to the
cutting of test specimens either 10 times under the washing and drying
procedure
[[Page 13137]]
prescribed in Method 124-1996 of the American Association of Textile
Chemists and Colorists or such number of times under such other washing
and drying procedure as shall previously have been found to be
equivalent by the Consumer Product Safety Commission. * * *
* * * * *
5. Section 1631.62 is amended by revising the first sentences in
paragraphs (a) and (d)(3) to read as follows:
Sec. 1631.62 Wool flokati carpets and rugs--alternative washing
procedure.
(a) The Standard for the Surface Flammability of Carpets and Rugs
(FF 1-70) at Sec. 1630.4(b)(1)(ii) provides that if a carpet or rug has
had a fire-retardant treatment, or is made of fibers which have had a
fire-retardant treatment, the sample or oversized specimens thereof
selected for testing under the standard shall be washed prior to the
cutting of test specimens either 10 times under the washing and drying
procedure prescribed in Method 124-1996 of the American Association of
Textile Chemists and Colorists or such number of times under such other
washing and drying procedure as shall previously have been found to be
equivalent by the Consumer Product Safety Commission. * * *
* * * * *
(d) * * *
(3) Place individual specimen face down in a shallow pan which has
been filled to a depth of 2'' with a wash solution of 1.1 grams of
AATCC (American Association of Textile Chemists and Colorists) Standard
Detergent as specified in AATCC Method 124-1996 (or equivalent) per
liter of water preheated to 105 deg.F. * * *
* * * * *
Dated: March 8, 1999.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
List of Relevant Documents
1. American Association of Textile Chemists and Colorists,
``Appearance of Durable Press Fabrics After Repeated Home
Launderings,'' AATCC Test Method 124-1969. AATCC Technical Manual,
Vol. 46, 1970.
2. American Association of Textile Chemists and Colorists,
``Appearance of Fabrics After Repeated Home Laundering,'' AATCC Test
Method 124-1996. AATCC Technical Manual, Vol. 73, 1997.
3. Briefing memorandum from Margaret Neily, Project Manager,
Directorate for Engineering Sciences, to the Commission, ``Proposed
Amendments to Flammable Fabrics Act Standards to Replace Obsolete
Standard Detergent and Update Laundering Procedures Required for
Tests,'' ________, 1998.
4. Memorandum from Gail Stafford, Directorate for Laboratory
Sciences, to Margaret Neily, Project Manager, ``Amending the
Laundering Provisions of the CPSC Flammability Regulations,'' August
18, 1998.
5. Memorandum from Gail Stafford, Directorate for Laboratory
Sciences, to Margaret Neily, Project Manager, ``Textile Laundering
Standards,'' August 18, 1998.
6. Memorandum from Gail Stafford and Shing-Bong Chen,
Directorate for Laboratory Sciences, to Margaret Neily, Project
Manager, ``Detergent Comparison Tests,'' August 19, 1998.
7. Log of Meeting on January 21, 1998 concerning Flammability
Test of Pyrovatex-treated Flame Resistant Fabrics.
8. Memorandum from Terrance R. Karels, Directorate for Economic
Analysis, to Margaret Neily, Project Manager, ``Amendments to FFA
Standards,'' August 10, 1998.
9. Memorandum from Margaret Neily, Project Manager, Directorate
for Engineering Sciences, to the Commission, ``Briefing Package
Supplement: Laundering/Detergent Update for Flammable Fabrics Act
Standards--The Soap and Detergent Association (SDA) Laundering
Procedures,'' January 11, 1999.
10. Memorandum from Gail Stafford, Directorate for Laboratory
Sciences, to Margaret Neily, Project Manager, ``Soap and Detergent
Association Proposed Laundering Procedure,'' December 23, 1998.
11. Letter from Jenan Al-Atrash, Director, Human Health &
Safety, The Soap and Detergent Association, to Margaret Neily,
Technical Program Coordinator, Office of the Executive Director,
including SDA Recommended Wash Conditions for CFR 1615.4, September
15, 1998.
12. Letter from Jenan Al-Atrash, Director, Human Health &
Safety, The Soap and Detergent Association, to Margaret Neily,
Technical Program Coordinator, Office of the Executive Director,
follow-up comments to September 15, 1998, letter, November 12, 1998.
13. Memorandum from Margaret L. Neily, Project Manager,
Directorate for Engineering Sciences, to the Commission,
``Laundering/Detergent Updates--FR notice supplements,'' February
19, 1999.
[FR Doc. 99-6074 Filed 3-16-99; 8:45 am]
BILLING CODE 6355-01-P
