[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.
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* * * * *
(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
