[Federal Register Volume 59, Number 123 (Tuesday, June 28, 1994)]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15550]
Federal Register / Vol. 59, No. 123 / Tuesday, June 28, 1994 /
[Federal Register: June 28, 1994]
VOL. 59, NO. 123
Tuesday, June 28, 1994
CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1610
Standard for the Flammability of Clothing Textiles; Amendment to
Remove Footnotes
AGENCY: Consumer Product Safety Commission.
ACTION: Final rule.
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SUMMARY: The Commission is amending the Standard for the Flammability
of Clothing Textiles by removing two footnotes which identify a
particular firm as the source for two items of test equipment specified
in the standard. The Commission has learned that the firm named in the
footnote is not the only source of the equipment used to determine if
fabrics and garments comply with the clothing textiles flammability
standard. For this reason, the Commission has decided to remove the
footnotes.
EFFECTIVE DATE: This amendment is effective on June 28, 1994.
FOR FURTHER INFORMATION CONTACT: Allen F. Brauninger, Attorney, Office
of the General Counsel, Consumer Product Safety Commission, Washington,
DC 20207; telephone (301) 504-0980.
SUPPLEMENTARY INFORMATION: The Standard for the Flammability of
Clothing Textiles (16 CFR Part 1610) is applicable to clothing and to
textile fabrics intended for use in clothing. This standard prescribes
a test to determine whether clothing and fabrics intended for use in
clothing are dangerously flammable because of ``rapid and intense
burning.''
A. Origin of the Standard
The clothing textiles flammability standard was first published by
the Department of Commerce in 1953 as a voluntary commercial standard
designated ``Flammability of Clothing Textiles, Commercial Standard
(CS) 191-53.'' In the same year, Congress enacted the Flammable Fabrics
Act of 1953 (Pub. L. 83-88, 67 Stat. 111). As enacted in 1953, and
amended in 1954, the Flammable Fabrics Act of 1953 prohibits the
importation, manufacture for sale, or the sale in commerce of any
article of wearing apparel, or any fabric used or intended for use in
wearing apparel, which is ``so highly flammable as to be dangerous when
worn by individuals.'' The Flammable Fabrics Act of 1953 specifies that
the test in CS 191-53 shall be used to determine if a fabric or article
of wearing apparel is ``so highly flammable as to be dangerous when
worn by individuals.'' The Flammable Fabrics Act of 1953 placed
enforcement authority with the Federal Trade Commission.
In 1967, Congress amended the Flammable Fabrics Act to expand its
coverage to include products of interior furnishing and wearing apparel
made from fabric or related material, and fabric or related material
used or intended for use in products of interior furnishing and wearing
apparel. The 1967 amendment authorized the Secretary of Commerce to
issue flammability standards by rulemaking proceedings. Enforcement
responsibility remained with the Federal Trade Commission. The
Flammable Fabrics Act, as amended in 1967, is codified at 15 U.S.C.
1191 through 1204. An uncodified savings clause in the 1967 amendment
continued the flammability standard for clothing textiles mandated by
the Flammable Fabrics Act of 1953 in effect until such time as it is
amended or superseded in accordance with the procedures specified by
the 1967 amendment. See section 11 of Pub. L. 90-189, 81 Stat. 568,
December 14, 1967.
In 1972, Congress enacted the Consumer Product Safety Act (CPSA)
(15 U.S.C. 2051 et seq.), which established the Consumer Product Safety
Commission. The CPSA also transferred to the Commission the authority
formerly held by the Secretary of Commerce to issue and amend
flammability standards, and the authority formerly held by the Federal
Trade Commission to enforce flammability standards. See 15 U.S.C.
2079(b).
In 1975, the Commission codified the Flammable Fabrics Act of 1953
at 16 CFR Part 1609, and the Standard for the Flammability of Clothing
Textiles at 16 CFR Part 1610. See 40 FR 59931 (December 30, 1975). The
Commission's codification of the flammability standard for clothing
textiles included all of the footnotes contained in Commercial Standard
191-53, as published by the Department of Commerce.
B. Firm Named in Footnotes
Section 4.2 of CS 191-53 describes an item of test apparatus called
the ``flammability tester'' in the following language:
Flammability tester.\3\The Flammability Tester consists of a draft-
proof ventilated chamber enclosing a standard ignition medium, sample
rack, and automatic timing device.
* * * * *
\3\This apparatus is manufactured by the United States Testing
Co., 1415 Park Avenue, Hoboken, N.J. Blue prints of working plans
for the manufacture of this apparatus are available, at a nominal
charge, from the above-named firm.
Section 4.3 of CS 191-53 described an item of equipment called a
``brushing device.'' A footnote to section 4.3 states:
\5\This device is manufactured by the United States Testing Co.,
1415 Park Avenue, Hoboken, N.J.
These provisions, including the footnotes, are codified at 16 CFR
1610.4(b) and 1610.4(c)(1).
The Commission has received information that similar items of
equipment are presently available from several sources. When CS 191-53
was first published, a need may have existed to name a specific firm as
the source for particular items of test equipment specified by the
standard. However, because more than one firm now supplies the test
equipment, that need no longer exists.
Additionally, naming a single firm as the manufacturer or supplier
of an item of equipment which is available from other sources may be
unfair to those firms not identified in the footnotes. The Commission
has considered the possibility that the footnotes could be revised to
include the names of additional firms which make or sell those items of
test equipment. However, that approach could require periodic revision
of the standard to assure that the footnote lists all current sources
for the flammability tester and brushing device. Rather than list all
sources of those items, the Commission has decided to amend the
Standard for the Flammability of Clothing Textiles by removing
footnotes 3 and 5.
C. Rulemaking Procedures
Generally, the Administrative Procedure Act (5 U.S.C. 553) requires
that agencies must give notice of proposed rulemaking and provide
opportunity for interested parties to submit written comments on the
proposal before a rule can be issued or amended. However, 5 U.S.C.
553(b)(B) provides that notice of proposed rulemaking and public
participation are not required when the agency makes a finding for good
cause that such notice and opportunity for comment are ``impracticable,
unnecessary, or contrary to the public interest.''
The Commission finds for good cause that notice of proposed
rulemaking and opportunity for written comment are not necessary for
issuance of the amendment to delete footnotes 3 and 5 from the clothing
textiles flammability standard because that amendment does not affect
the rights or duties of any person or firm subject to the requirements
of the standard. The amendment does not change the apparatus,
procedure, or criteria used to determine if clothing and textiles
intended for use in clothing are dangerously flammable because of rapid
and intense burning. The only purpose of the amendment is to delete
footnotes which identify a single firm as the source of two items of
equipment used to conduct the test specified by the standard.
D. Impact on Small Businesses
Section 603 of the Regulatory Flexibility Act (RFA) (5 U.S.C. 603)
requires agencies to prepare and make available for public comment an
initial regulatory flexibility analysis of the impact of a proposed
rule on small entities, including small businesses. Section 605(b) of
the RFA provides that an agency is not required to prepare a regulatory
flexibility analysis when the agency certifies that the rule will not,
if issued, have a significant economic impact on a substantial number
of small entities. In accordance with provisions of section 605(b) of
the RFA, the Commission certifies that the amendments proposed below,
if issued on a final basis, will not have a significant economic impact
on a substantial number of small entities.
As noted above, the amendment does not modify the equipment, test
procedure, or pass/fail criteria of the clothing textiles flammability
standard. The amendment will simply remove two footnotes naming one
firm as the source for two items of test equipment. The amendment will
not affect the availability of either item of test equipment or
increase or decrease any cost for any firm which manufactures or sells
any product subject to the clothing textiles flammability standard.
E. Environmental Considerations
The proposed amendments fall within the categories of Commission
actions described at 16 CFR 1021.5(c) that have little or no potential
for affecting the human environment. Because the proposed amendments,
if issued on a final basis, will not change any aspect of the testing
required by the standard, the proposed action does not have any
potential to produce significant environmental effects. For that
reason, neither an environmental assessment nor an environmental impact
statement is required.
List of Subjects in 16 CFR Part 1610
Consumer protection, Flammable materials, Records, 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 section 4 of the
Flammable Fabrics Act (15 U.S.C. 1193), the Commission hereby amends
title 16 of the Code of Federal Regulations, Chapter II, Subchapter D,
Part 1610 to read as follows:
PART 1610--STANDARD FOR THE FLAMMABILITY OF CLOTHING TEXTILES
1. The authority for part 1610 continues to read as follows:
Authority: Sec. 5, Pub. L. 83-88, 67 Stat. 112, as amended, 68
Stat. 770 (15 U.S.C. 1193); sec. 11, Pub. L. 90-189, 81 Stat. 568.
2. Section 1610.4 is amended by revising paragraphs (b)
introductory text and (c)(1) to read as follows:
Sec. 1610.4 Methods of test.
* * * * *
(b) Flammability tester. The flammability tester consists of a
draft-proof ventilated chamber enclosing a standardized ignition
medium, sample rack, and automatic timing device.
* * * * *
(c) Brushing device.h (1) This device consists of a baseboard
over which a smaller carriage is drawn. This carriage runs on parallel
tracks attached to the edges of the upper surface of the baseboard. The
brush is hinged with pin hinges at the rear edge of the baseboard and
rests on the carriage vertically with a pressure of 150 grams.
* * * * *
hSee Sec. 1610.61(c)(2) for a clarification of the brushing
technique for fabric with raised-fiber surfaces.
Dated: June 21, 1994.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 94-15550 Filed 6-27-94; 8:45 am]
BILLING CODE 6355-01-P
