Standard for the Flammability of Clothing Textiles; Amendment to Remove Footnotes

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]

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