Request for Information About Possible Exemptions From Testing and Other Changes to the Standard for the Flammability of Clothing Textiles
| Published date | 23 April 2019 |
| Citation | 84 FR 16797 |
| Record Number | 2019-08140 |
| Section | Proposed rules |
| Court | Consumer Product Safety Commission |
Federal Register, Volume 84 Issue 78 (Tuesday, April 23, 2019)
[Federal Register Volume 84, Number 78 (Tuesday, April 23, 2019)]
[Proposed Rules]
[Pages 16797-16799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08140]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1610
[Docket No. CPSC-2019-0008]
Request for Information About Possible Exemptions From Testing
and Other Changes to the Standard for the Flammability of Clothing
Textiles
AGENCY: U.S. Consumer Product Safety Commission.
ACTION: Request for information.
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SUMMARY: The U.S. Consumer Product Safety Commission (CPSC) requests
information about possible changes to the Commission's Standard for the
Flammability of Clothing Textiles to expand the list of fabrics that
are exempt from testing under the standard. CPSC is particularly
interested in receiving information about the possibility of adding
spandex to the list of fabrics that are exempt from the testing
requirements. CPSC also would like information about the equipment and
procedures specified in the standard and possible ways to update those
provisions to reduce the burdens associated with the testing
requirements.
DATES: CPSC will accept written comments through June 24, 2019.
ADDRESSES: You may submit written comments, identified by Docket No.
CPSC-2019-20008, using the methods described below. CPSC encourages you
to submit comments electronically, rather than in hard copy.
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at: www.regulations.gov. Follow the instructions for
submitting comments provided on the website. To ensure timely
processing of comments, please submit all electronic comments through
www.regulations.gov, rather than by email to CPSC.
Written Submissions: Submit written comments by mail, hand
delivery, or courier to: Division of the Secretariat, U.S. Consumer
Product Safety Commission, Room 820, 4330 East-West Highway, Bethesda,
MD 20814; telephone (301) 504-7923.
Instructions: All submissions must include the agency name and
docket
[[Page 16798]]
number for this notice. CPSC may post all comments, without change,
including any personal identifiers, contact information, or other
personal information provided, to: http://www.regulations.gov. Do not
submit confidential business information, trade secret information, or
other sensitive or protected information that you do not want to be
available to the public. If furnished at all, such information should
be submitted by mail, hand delivery, or courier.
Docket: For access to the docket to read background documents or
comments, go to: www.regulations.gov, and insert the docket number,
CPSC-2019-20008, into the ``Search'' box, and follow the prompts.
FOR FURTHER INFORMATION CONTACT: Allyson Tenney, Director, Division of
Engineering, Directorate for Laboratory Sciences, U.S. Consumer Product
Safety Commission, 5 Research Place, Rockville, MD 20850; telephone:
(301) 987-2769; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On June 16, 2017, the Commission requested input from interested
parties about ways to reduce the burdens and costs associated with
existing regulations, while still protecting consumers from risks of
death or injuries associated with consumer products. 82 FR 27636. The
Commission followed up on this burden reduction goal in its Fiscal Year
2019 Operating Plan, directing CPSC staff to review possibilities for
reducing burdens, including ``expanding exemptions for flammability
testing.'' U.S. Consumer Product Safety Commission, Fiscal Year 2019
Operating Plan, p. 18 (Oct. 10, 2018), available at: https://www.cpsc.gov/content/fiscal-year-2019-operating-plan. Accordingly, this
notice requests information about expanding the exemptions from
flammability testing and other ways to reduce the burdens associated
with the Commission's Standard for the Flammability of Clothing
Textiles.
The Flammable Fabrics Act (15 U.S.C. 1191-1204) authorizes the
Commission to issue flammability standards, under certain
circumstances, when ``needed to protect the public against unreasonable
risk of the occurrence of fire leading to death or personal injury, or
significant property damage.'' 15 U.S.C. 1193(a). Under this authority,
the Commission adopted a Standard for the Flammability of Clothing
Textiles in 16 CFR part 1610. The standard applies to clothing and
textiles intended to be used for clothing. The regulations provide
testing requirements, establish three classes of flammability, set out
the criteria for classifying textiles, and prohibit the use of textiles
that exhibit rapid and intense burning. The purpose of these
regulations is to reduce the risk of injury or death by prohibiting the
use of dangerously flammable clothing textiles. 16 CFR 1610.1(a).
The regulations exempt certain fabrics from the testing
requirements because ``experience gained from years of testing in
accordance with the Standard demonstrates that certain fabrics
consistently yield acceptable results when tested in accordance with
the Standard.'' 16 CFR 1610.1(d). Currently, the following fabrics are
exempt from the testing requirements:
(1) Plain surface fabrics, regardless of fiber content, weighing
2.6 ounces per square yard or more, and
(2) All fabrics, both plain surface and raised-fiber surface
textiles, regardless of weight, made entirely from any of the following
fibers or entirely from combination of the following fibers: Acrylic,
modacrylic, nylon, olefin, polyester, wool.
Id.
II. Request for Information
CPSC is considering changes to the Standard for the Flammability of
Clothing Textiles to reduce the costs and burdens associated with these
requirements. One specific possibility that industry members have
suggested is to add spandex to the list of fabrics in 16 CFR
1610.1(d)(2) that are exempt from the testing requirements in the
standard. In addition, possible updates to the equipment and procedures
specified in the standard may reduce the burdens associated with the
testing requirements. CPSC requests comments on the following specific
topics:
A. Possible Exemption of Spandex From Testing Requirements:
1. Data Regarding Spandex Test Results
CPSC staff is aware of stakeholder interest in adding spandex
fibers to the Specific Exemptions in 16 CFR 1610.1(d). Please provide
relevant information and data about spandex fibers that would help CPSC
determine whether spandex ``consistently yield[s] acceptable results
when tested in accordance with the Standard.'' CPSC is particularly
interested in test data from testing a range of fabric constructions,
fabric weights, and fiber blends. For example, it would be helpful to
receive information about:
(1) Plain surface fabrics with spandex blended with one or a
combination of the exempted fibers listed in 16 CFR 1610.1(d)(2)
weighing less than 2.6 ounces per square yard, and
(2) raised surface fabrics, regardless of weight, that contain
spandex with one or a combination of the exempted fibers listed in 16
CFR 1610.1(d)(2).
2. Burden and Cost Associated With Testing Spandex
Please provide information about the general test burden and costs
associated with testing fabric containing spandex fibers. The following
specific information would be helpful:
How much testing is required for fabrics containing
spandex subject to 16 CFR part 1610?
What are the costs associated with the required testing?
What types of fabrics and garments require testing?
B. Additional Possible Changes to the Standard:
1. Availability and Specifications of Stop Thread
Section 1610.5 specifies the test apparatus and materials that must
be used for flammability testing. The flammability test apparatus must
include, among other things, a particular stop thread that is stretched
from the spool through stop guides. The stop thread must be ``a spool
of No. 50, white, mercerized, 100% cotton sewing thread.'' 16 CFR
1610.5(a)(2)(ii). CPSC staff is aware that this stop thread may have
limited availability or that the numbering specified in the standard
may be outdated. Please provide comments about the specifications of
the stop thread and thread availability. What procedures are used to
confirm the thread meets the specifications?
2. Refurbishing (Dry-Cleaning and Laundering)
Section 1610.6(b)(1)(i) specifies a dry cleaning procedure as part
of the process of refurbishing plain and raised textile fabrics. As
part of the dry cleaning procedure, the solvent perchloroethylene is
required in 16 CFR 1610.6(b)(1)(i). Staff is aware of the limited
availability of, and legal restrictions on the use of,
perchloroethylene solvent. Please provide any comments on the testing
burden or cost of performing the dry cleaning procedure with
perchloroethylene solvent. Please provide details, and potential
alternatives, when possible.
Section 1610.6(b)(1)(ii) requires samples to be washed and dried in
accordance with American Association of Textile Chemists and Colorists
(AATCC) Test Method 124-2006,
[[Page 16799]]
Appearance of Fabrics After Repeated Home Laundering. AATCC 124-2006
requires the use of an automatic washer (Table III) and tumble dryer
(Table IV) that meet certain conditions. Staff is aware of the limited
availability of automatic washing machines, and possibly dryers,
capable of meeting the conditions in AATCC 124-2006. Please provide any
comments on the testing burden or cost of performing the laundering
procedure with the automatic washing machine and tumble dryer specified
in the standard. Please provide details, and potential alternatives,
when possible.
3. Test Result Codes
The standard lists reporting codes in 16 CFR 1610.8(b)(2) to
describe the burning behavior of raised surface fabrics. The reporting
codes, which are based on test results, indicate the proper
classification for the textile. CPSC staff has received input that
these codes may be confusing. Please provide any comments on the use or
needed clarification of these codes.
4. Additional Burdens Associated With 16 CFR Part 1610
Please provide other input and recommendations about opportunities
to reduce the cost of testing requirements or other costs and burdens
associated with 16 CFR part 1610. Also please identify test procedures
that may need clarifications, and provide recommendations or
alternatives that may reduce the burdens associated with these
regulations, as well as details about the costs of those alternatives.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2019-08140 Filed 4-22-19; 8:45 am]
BILLING CODE 6355-01-P
