Standard for the Surface Flammability of Carpets and Rugs; Standard for the Surface Flammability of Small Carpets and Rugs

Federal RegisterMar 17, 1999

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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 [email protected].

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-

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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

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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

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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

materials are incorporated as they exist in the edition which has been

approved

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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.