‘Consumer Product Safety Commission (o) Br shall be untae for any person to furnish, with roepect to any weaving apparel fr fabri a false guaranty (except « person Folylng upon a guaranty to tho samo effect Foceived. in good inith signed by and con- fining Uhe name and adress of the Berean by whom the wearing apparel oF fabric sua fnteed war manufactared or from whom ft teas revolved). with zeagon to believe. the ‘Roaving apparel oF fabric falsely guaranteed fay te Introduced, sold, or transported it fommerce, and aay person who violates the provisions of this subsection is guilty of An Unflr method of competition, and an unfair fr dooeptive act or practice, in commerce weithin the meaning ‘of the Federal ‘Trad Commission Act. Ssupsans From Foneies Couwrnuns Ste, 9. Any person who has exported or eno hat attempted to export from any fore Sign ‘country Iato the United States any ‘weaving apparel or fabric which, under the provisions’ ef section 4, is e0\ highly’ fam Ruble as to be dangerous When wora by Ind ‘iduala may thenceforth be prohibited by the Commission from participating in the expor- tation trom any foreign country Into ‘the United States of any wearing apparel oF fab~ He except upon fling bond with the Sec. Foiary of the Treasury in w sum double the fale of sid products and any duty thereon. ondiioned upon compliance with tho provi: Sons of this Aot Irunenbtatiow ano Seraranttary Se, 10, The provisions of this Act shall be held to be in adition to, and not in suet tation for oF Imitation of. the provisions of Any otter law. I any provision ofthis Act ot {he application ttereot to any person or et ttamstances te held invalid the remainder of {he Act and Ue appitention of such prove Homa to ay other person or cirvamatances Excustons Seo, 11. The provisions ofthis Act shatl not apply (a) to any common carrier, contract fare, or freight forwarder wth respect to fp article ‘of Wearing” -apparal or fabele Shipped oF delivered for shipment into com merce In the onlinary course ofits business Gr (b) to any converter, processor, oF inher {n performing «.conitact or commission Service for the account of « percon subjoct to {ho provisions of this Act? Provided, That fald "converter. processor, oF finisher dose fot couso any article of wotring apparel or {bre to become subject this Act contrary to the terms of the contract or commission Service: oF (c) to any article of wearin ap. Darel or fabric shipped or delivered for ship. fient into commence for the purpose of fin {shing or procoseiny to render euch article oF fabric not so highly Tammable, under ‘he Pt. 1610 provisions of section 4 of thie Act, as to be ‘angerous when worn ty individuals Evrnenive Dave ‘Suc. 12. This Act shall tale etfect one year after the date of te passage AUTHORIZATION oP Necessary "APPROPRIATIONS ‘Sue. 13, Thore is heroby authorized to be appropriated such sums as may be necessary to carry out the provislons of this Act. [30 FR s0eH0, Deo. so, 075) PART 1610—STANDARD FOR. THE FLAMMABILITY OF CLOTHING TEXTILES, Subpart A—The Standard 1610.1 Purpose, seope and applteabity, 1303 Definitions 16103 Summary of tost method. 04 Requirements for classifying textes 16105 ‘Test apparatus and materials 1610.6 Tost procedure 16107 ‘Test Sequence and classification eri- 16108" Reporting results ‘Subpatt 8~Rules and Regulations 16081 Definitions 161032, General requiremonts, 16033 ‘Test procedures for textile tabrice ‘nd fn m0. Only uncovered oF exposed parts of ‘wearing apparel tobe testa of texthe fabrics under the standand moss Application of Act. to. particular {ypes af products, 1037” Reasonable and representative teste ‘to support guaranties, aa Batata of Pico howe ar amie "Shipments ander section 10) of te 10.40 "Use of alternative apparatus, proee- ‘dures, ot eriteria for tests for wuaraney purposes ‘Subpart C—interpretations ond Policies 161061 Reasonable and representative test- ‘ing to ascure compllane with the stand FiquRE.1 70 Pav 1610-SKETCH OF PLANMA- BILITY APPARATUS runt 210 Pare 1610—FLANWARULIFY APPA- Fron? TO Pane 1610—SppcoieN HOLDER ‘Supponten is Sepeinine Rack nt§1610.1 "Tyner Ixpiexon Forse FrouRS 8.10. PART I6IO"AN EXANPLE OF & "TyPicaL Gas SHIELD ‘FIGURE 7 10 PART 1610—BAUSHING DEVICE oun 80 Pan 16l0—BuUs Provan 9 to PART 1610—DRUSHENO. DEVICE Sounce: 72 FR 166H0, Mar. 5, 208, unless otheriise noted AUTHORITY: 15 U.S.C, 1191-120 Subpart A—The Standard $1610 Purpose, seope and applica- ‘bility. (a) Purpose. The purpose of this standard is to reduce danger of injury and loss of life by providing, on a na- tional basis, standard methods of tost~ ‘ing and rating the flammability of tex- tiles and textile products for clothing use, thereby prohibiting the use of any dangerously flammable clothing tex- tiles. (b) Scope. ‘The Standard provides methods of testing the Nammability of clothing ‘and toxtiles intended to be fused for clothing, establishes three lasses of flammability, sets forth the requirements which textiles shall meet to be classified, and warns against the tute of those textiles which have burn- ing” characteristics "unsuitable for clothing. Hereafter, “clothing and tex- tiles intended to be used for clothing shall be Fefetted to as “textiles,” (0) Specific exceptions. "This standard shall not apply to: () Hats, provided they do not constitute or form part of a covering for the neck, face, or shoul- ders when worn by individuals: (2) Gloves, provided they are not more than 1d sachet in length and are not affixed to or do not form an inte- ral part of another garment; (3) Footwear, provided It does not consist of hosiery in whole or part and is not affixed to or does not form an In- ‘tegral part of another garment; (@) Interlining fabries, when intended or sold for use as a layer between an Suter shell and an inner lining tn wea ‘ng apparel (@) Specific exemptions. Experience salned from years of testing in accord- fince with the Standard demonstrates that certain fabrics consistently. yield acceptable results when tested In ac- 16 CFR Ch. Il (1-1-18 Edition) ‘cordance with the Standard. Therefore, persons and firms issuing’ an initial fuaranty of any of the following types of fabrics, or of products made entirely from one or more of these fabrics, are exempt from any requirement for test- {ing to support guaranties of those fab- () Plain surface fabrics, regardless of ‘Aber content, weighing 26 ounces per ‘square yard or more: and (2) All fabries, both plain surface and ralsed-fiber surface textiles, reyardless of weight, made entirely trom any of the following fibers or entirely from eombination of the following Aber acrylic, modacrylic, nylon, olefin, pol vyester, wool. (©) Applicabitity. The requirements of this part 1610 shail apply to textile fab- ‘of elated material in a form of state ready for use in an article of wearing apparel, including garments ‘and costumes finished for consumer §16102 Definitions. In addition to the definitions given in Section 2 of the Flammable Fabrics ‘Act as amonded (15 U.S.C. 1191), the fol- lowing definitions appiy for this part 1610. (a) Base burn (also known as base fab- ric ignition or fusing) means the point ‘at which the flame burns the ground (hase) fabric of @ raised surface textile fabric and provides a self-sustaining flame, Base burns, used to establish a Class 3 fabric, are those burns resulting from surface flash that oceur on speci: mens in places other than the point of impingement when the warp and fll yarns of a raised surface textile fabric ‘undergo combustion. Base burns can be identified by an opacity change, scorching on the reverse side of the fabric, or when @ physical hole is ev dent. (b) Burn time means the time elapsed fom ignition until the stop thread is severed as monsured by the timing ‘mechanism of the test apparatus. (c) Dry cleaning means the cleaning of samples in @ commercial dry cleaning machine under the conditions de- seribed in §16106. m8‘Consumer Product Safety Commission (@ Film means any non-rigid, unsup- ported plastic, rubber or other syn- ‘thetic or natural film or sheeting, su- Ject to the Act, or any combination thereof, including transparent, trans- Iucent, and opaque material, whether plain, embossed, ‘molded, or otherwise surface treated,’ which 1s In a form or state ready for use in wearing apparel, fand shall include film or sheeting of any thickness, () Flanmabitity means those charac- teristics of a material that pertain to its relative ease of ignition and rel- ative ability to sustain combustion. (® Flame application time means the 1 seoond during which the ignition flame Ss applied to the test specimen, (2) Ignition means that there is a self- sustaining flame on the specimen after ‘the test flame Is removed. ()Interlinng” means’ any textile which “Is intended for incorporation into an article of wearing api layer between an outer she! ‘nner Tining. () Laundering means washing with an aqueous detergent. solution and in- cludes rinsing, extraction and tumble drying as described in §16106. () Long dimension means the 150 mm (61m) length of test specimen. 6) Plain surface tertile fabric moans any textile fabric which does not have fn intentionally raised fiber or yarn surface such as a pile, nap. or tuft, Dut Shall inelude those fabrics Uhat have fancy woven, knitted of flock-printed surfaces. 0) Raised surface textite fabric means any textile fabric with an intentionally raised fiber or yarn surface, such as a pile, including flocked pile, nap, oF ‘ufting, (in) Refurbishing means dry cleaning and laundering in accordance with $110.6. (2) Sample means a portion of a lot of material which is taken for testing or for record keeping purposes, (0) Specimen means a 80 mm by 150 ‘mm (In by 6 in) section of sample. (@) Siap thread supply means No 50, white, mercerized, 100% cotton sewing thread. (@ Swface flash means a rapid burn- ing of the pile fibers and yarns on a raised fiber surface textile that may or ‘may not result in base burning. 1610.4 (©) Textile fabric means any coated or uncoated material subject to the Act, except film and fabries having a nitro- ellulose fiber, “finish, or coating, which is woven. knitted, felted or oth” erwise produced from any natural or manmade fiber, or substitute therefore, or combination thereof, of 50 mm (2 In} for more in width, and which is in a form or state ready for use in wearing apparel, including fabrics which have lundergone further processing, such as dyeing and finishing, in garment form, for consumer use, $16103 Summary of test method. ‘The Standard provides methods of testing the flammability of textiles from or intended to be used for apparel: establishes three classes of flamma- bility; sets forth the requirements for classiiving textiles; and. prohibits the tuse of single or multilayer textile fab- ries that have burning characteristies that make them unsuitable for apparel All textiles shall be tested before and after refurbishing according to §16106. Each specimen cut from the textile ‘shall be inserted in a frame, brushed if ithhas a raised-fiber surface, and held in ‘a special apparatus at an angle of 45°. A ‘Standardized flame shall be applied to tthe surface near the lower end of the ‘specimen for I second, and the time re- ‘quired for the flame to proceed up the fabric a distance of 127 mm (6 in) shall ‘be reconted. A notation shall be made fas to whether the base of @ raised-sur- face textile fabrie ignites or fuses. $16104 Requirements for classifying textiles. (@) Class 1, Normal Flammability. Class 1 textiles exnibit normal flammability and are acceptable for use In clothing. ‘This clase shall include textiles which meet’ the minimum requirements set forth in paragraph (a){) or paragraph (@(2) of this section, U) Plain surface textile fabrie. Sach textiles in thelr original state andor after being refurbished as described in {1610 Gin) ant FI6IO KOH), wham tasted a escribed in §16106 shall be classified fas Class 1, Normal flammability. when the burn time is 35 seconds or more. (2) Raised surface textile fabric. Sach textiles in their original state andor after being refurbished as described in m9g16105 $1610.62) and §1610.60), when tested as escribed In §1610.6, shall be classified fas Class 1, Normal flammability, when the burn time is more than 7 seconds, or when they burn with a rapid surface flash (0 to 7 seconds), provided the in- tensity of the flame is so low as not to ignite or fuse the base fabric, () Class 2, intermediate flammabitity Class 2 fabrics, applicable only to ralsed-fiber surface textiles, are consid- ered to be of intermediate flamma- bility, but may be used for clothing. ‘This class shall include textiles which mest the minimum requirements set forth in paragraph (bx2) of this section. ) Plain surface textile fabric. Class 2 4s not applicable vo plain surface tex- tile fabrics, (2) Raised surface textile fabric. Sach textiles in their original state andor after being refurbished as described in $1610.64) and $1610.60), when tested as Aescrited in §1610., shall be classified fas Class 2, Intermediate flammability, when the burn time is from 4 through 7 Seconds, both Inclusive, and the hase fabric ignites or fuses. 16 CFR Ch. Il (1-1-18 Edition) (0) Class 3, Rapid and intense burning. Class 3 textiles exhibit rapid and in- tense burning, are dangerously lam- able and shall not he used for cloth ing. This class shall’ include textiles ‘which have burning characteristics as ‘esoribed in paragraphs (6)1) and (2) of this section. Such textiles are con sidered dangerously flammable because of their rapid and intense burning. () Plain surface textile fabric. Sach textiles in thelr original state andor after refurbishing as described In {$1610.6(a) and §1610.6(0), when tested as oseribed Jn §1610.6, shall be classified fas Class 9 Rapid and Intense Burning when the time of flame spread is less than 2.5 seconds, (2) Raised surface textile fabrie. Such textiles in their original state andor after refurbishing as described in {§1610.6(a) and §1610.600), when tested as eseribed In §1610.6, shall be classified ‘a5 Class 3 Rapid and Intense Burning when the time of flame spread is less than 4 seconds, and the base fabric starts burning at places other than the polnt of impingement as a result of the Surface flash (test result code SFBB), TeBLE 1 TO § 1610.4—SuMMARY OF TEST CAITERIA FOR SPECIMEN CLASSIFICATION : Temes Bae ie Foon se [ogg gt tn nt EET mee ct §1610.5 ‘Test apparatus and materials. (a) Flammability apparatus. The fam mability’ test apparatus consists of a raft-proof ventilated chamber enclos- {ing a standardized ignition mechanism, sample rack, and automatic timing mechanism, ‘The flammability appa fatus shall mest the minimum require. ments for testing as follows. structure, ‘The test Chamber shall be & metal, draft-proof ventilated chamber. ‘The test chamber shall have inside di mensions of 35.3 em high by 36.8 cm wide by 21.6 om deep (14 in by 14.5 in by 185 in), There shall be eleven or twelve 127 mm diametor (0.5 in) holes equi- istant along the rear of the top clo- ‘sure. The front of the chamber shall he ‘a close fitting door with an insert made of clear material (.., glass, plexiglass) to permit observation of the entire test, A ventilating strip is provided at the hase of the door in the front of the apparatus. The test chamber to be used in this test method is illustrated in Figures 1 and 2 of this part. i) Specimen rack. ‘The specimen rack provides support for the specimen hold- er (doseribed in paragraph (aA\Ui) of this section) in which the specimen 1s 720‘Consumer Product Safety Commission ‘mounted for testing, ‘The angle of incli- nation shall be 45°. Two guide pins pro- Jecting downward’ from the center of the base of the rack travel in slots pro- vided in the floor of the chamber so that adjustment can be made for the thickness of the specimen in relation to the test flame. A stop shall be pro- vided in the base of the chamber to as fist in adjusting the position of the rack. The specimen rack shall be con- structed 0 that: It supports the spec!- ‘men holder in a way that does not ob- struct alt flow around the bottom edge of the fabric specimen: and the fabric specimen is properly aligned with the igniter tip during flame Impingement. ‘The specimen rack to be used In this test method is illustrated in Figures 1 through 3 of this part. Movable rack: Refer to the manufacturers’ Instrue- tion in relation to the adjustment pro- edure to move the rack into the sp- propriate position for the indicator fin- ger alignment. ii) Specimen hotder. ‘The specimen holder supports and holds the fabric specimen. ‘The specimen holder shall consist of two 2 mm (0.06 in) thick U- shaped matched metal plates. The plates are slotted and loosely pinned for alignment. ‘The specimen shall be firmly’ sandwiched in botwoen the metal plates with clamps mounted along the sides. The two plates of the holder shall cover all but 3:8 em (1. in) of the width of the specimen for Its full Jongth. See Figures 1 and 3 of this part. ‘The specimen holder shall be supported {in the draft-proof chamber on the rack fat an angle of 5", (Gv) Indicator finger. The position of the specimen rack (described in para- graph (a)(D(iD of this section) shall be ‘adjusted, so the tip of the indicator fin- er just touches. the surface of the Specimen, An indicator finger is nec- essary to ensure that the tip of the test flame will impinge on the specimen uring testing. The indicator finger to he used In this test’ method is lus. trated in Figures 1, 2 and 4 of this part. (©) Iomitinn. mechanism "The senttiom mechanism shall consist. of a motor driven butane gas jet formed around a P%eange hypodermic needle and. cre- fates the test flame, ‘The test flame shall be protected by a shield, See Fig- tre 5. ‘The test flame is adjusted to 16 g16105 ‘mm (0,625 in) and applied to the speci- men for 1 second, A trigger device is 1o- ated in the front of the apparatus, the palling or pushing of which activates the test flame impingement and timing device. Electro-mechanical devices, (ice. servo-motors, solenoids, “micro- ‘switches, and electronte elreults, in ad- ‘dition to miscellaneous custom made ‘cams and rods, shock absorbing link- ‘ages, and various other mechanical Components) ean be used to control and ‘apply the flame impingement. See Fig- tre 6 of this part (i) Draft ventilator strip. A draft von- tilator strip shall be placed across the front opening, sealing the space be- tween the sliding door when in lowered position and the base on which the grid rack is attached, (See Figure 1 of this part.) (it) Stop weight. ‘The weight, at- tached by means of a elip to the stop thread, in dropping actuates the stop motion for the timing mechanism. The ‘weight shall be 30g 25 (16 02. 20.18 02). (ill) Door. ‘The door shall be @ clear (ie. glass or plexiglass) door, close fit- ting and allows for viewing of the en- tre test. (Ux) Hood. The hood or other suitable enclosure shall provide a draft-proof environment surrounding the test ‘chamber. ‘The hood or other suitable enclosure shall have a fan or other means for exhausting smoke andor fames produced hy testing. (2) Slop thread and thread guides—() ‘Stop thread. ‘The stop thread shall be ‘Stretched from the spool through suit- fable thread guides provided on the ‘specimen holder and chamber walls, Gi) Stop thread supply. This. supply, consisting of a spool of No. 60, white, mercerized, 100% cotton sewing thread, Shall be fastened to the side of the ‘chamber and can be withdrawn by Te- leasing the thumbscrew holding It in position. ‘Uil) Thread Guides, Phe thread guides permit the lacing of the stop thread in in) from the point where the center of the ignition flame impinges on the test specimen. ‘The stop thread shall be 9.5, ‘mim (0.57 in) above and parallel to the lower surface of the top plate of the specimen holder. This condition can be 21g16105 achieved easily and reproducibly. with the use of a thread guide popularly re- ferred to as a “sky hook” suspended down from the top panel along. vith two L-shaped thread guides attached to the upper end of the top plate of the specimen holder. ‘Two other’ thread uldes can be Installed on the rear panel to draw the thread away fom di- eetly over the test flame. The essen- tial condition, however, Is the uniform helght of 8.8 mm (0.87 in) for the stop thread and not the number, placement or design of the thread guides. Gy) Stop weight thread guide. This thread guide shall be used to guide the stop thread when attaching the stop weight. (3) Supply for test flame. (4) The fuel supply shall be a cylinder of chemi- eally pure (cp. butane. Ui) The fuel-tank contro! valve shall consist of a sensitive contral device for regulating the fuel supply at the tank (Gh) The flow control device, such as fa manometer of flow meter, shall he Sulflelent. to maintain a consistent flame length of 16 mm Gin). (Wd) Timing Device. The timing device consists of a timer, driving mechanism fand weight, ‘The timer, by means of special attachments, 1s actuated. to Start by connection with the gas jet. A trigger device (described in. paragraph GOGO) of this section) activates. the flame impingement, causing the driv- {ing mechanism to move the gas jet to its most forward position and auto- matically starts the timer at the mo- ment of flame impact with the speci- men. ‘The falling weight, when caused to move by severance’ of tho stop thread, stops the timer. Time shall he read directly and recorded as a. burn time. Read burn time to 0.1 second. An electronic or mechanteal timer can be fused to record the burn time, and loctro-mechanieal devices (i.e, servo- motors, solenoids, micro-switches, and electronic circuits, In addition to mis- tellaneous custom made cams and rods, shock absorbing linkages, and various ther machanieal components) ran he ‘used to control and apply the flame im- pingement. (®) Specimen preparation equipment and” materiats—() "Laboratory. drying ‘ven. This shall be a forced circulation Arying oven capable of maintaining 16 CFR Ch. Il (1-1-18 Edition) 105° 48 °C (221° 25 °F) for 30 22 minates to dry the specimens while mounted in the specimen holders. (@) Desicoator. ‘Phis shall be an air- tight and moisture tight chamber caps le of holding the specimens hori zontally without contacting each other uring the cooling period. following ‘drying, and shall contain silica get des (3) Desiccant, Anhydrous silica gel shall be used as the desiccant, ()_ Automatic washing machine. ‘The ‘automatic washing machine shall be as ‘oseribed in §1610.6¢0\1)G). (6) Automatic tumble dryer. The auto- matic ‘tumble dryer shall’ be as de- sserfbed In §1610.60)1XL. (6) Commercial dry cleaning mackine. ‘The commercial dry cleaning machine shall be capable of providing a com- plete automatic ary-to-dry eyele using perchloroethyiene solvent and a cat- fonic drycleaning detergent as speci fod in §1610.6(b\1)0). (1) Dry cleaning solvent. The solvent ‘shall be perehloroethylene, commercial grade, (@) Dry cleaning detergent. ‘Tho ary cleaning’ detergent shall be cationic clase, (9) Laundering detergent. ‘The laun- dering dotergent shall be as specified In $1610.60). (10) Brushing device. The brushing de- ‘vice shall consist of a hase board over which a small carriage is drawn. See Figure 7 of this part. This carriage runs on parallel tracks attached to the edges of the upper surface of the base board. ‘The brush 1s hinged with pin hinges at the rear edge of the base board and tests. on the carriage vertically with a pressure of 150 gf (0.93, Wb. ‘The brush shall consist of two rows of stiff nylon bristles mounted with the tufts in a staggered position, ‘Tho bristles are 0.11 mm (0.016 in) in di- ameter and 19 mm (0.75 in) in length. ‘There are 20 bristles per tuft and 4 tufts per inch. See Figure 8 of this part. A clamp is attachod to the for- permit’ holding the specimen on the carriage during the brushing operation, ‘The purpose of the metal plate oF “template” on the carriage of the brushing device is to support the speci- men during the brashing operation, 722‘Consumer Product Safety Commission ‘The template shall be 8.2 mm (0.18 in) thick, See Figure 9 of this part, (73 FR 15610, Mar. 25, 208, a8 amended at 73 {Fn eat, Oct ng) §1610.6 Test procedure. ‘The test procedure is divided into ‘two steps, Step 11s testing in the origi- nal state: Step 21s testing after the fabrie has been refurbished according to paragraph (byl) of this section. (W) Step I—Testing in the original state. (a) Tests shall he conducted on the fab- Hie in a form or state ready for use in wearing apparel. Determine whether the fabric to be tested is a plain surface textile fabric or a raised surface textile fabric as defined in §1610.2 (i) and (), ‘There are some fabrics that require extra attention when preparing test specimens because of thelr particular construction characteristics. Examples Of these fabrics are provided in para- feraphs (a)()(2) through (1) of this see- tion along with guidelines for pre- paring specimens from these fabrics. ‘This information is not intended to bs all-inclasiv (@) Flocked fabrics. Fabrics that are locked overall are treated. as. raised surface textile fabrics as defined in $1610.20). Flock printed fabrics (usu- ally in a pattern and not covering the entire surtaco) shall be treated as plain Surface textile fabrics as defined in $1610.20) Gi) Cut velvet fabrics. Cut velvet fab- ries with a. patterned construction shall “be considered a ralsed surface textile fabric as defined in § 1610.2), Git) Metalic thread fabrics. Metallic thread fabrics shall be considered plain surface textile fabrics. provided. the base fabric is smooth. ‘The specimens shall he cut so that the metallle thread is parallel to the long dimension of the specimen and arranged so the test flame impinges on a metallic thread, Ue) Embroidery. Embroidery on net~ ting material shall be tested with two sets of preliminary specimens to dever- mine the most flammable area (which for embroidery in the 150 mm (6 in.) di- rection). One set of netting only shall he tested and the other set shall con- sist mainly of embroidery with the specimens cut so that the test flame ‘impinges on the embroidered area. ‘Test 1610.6 the most flammable area according to the plain surface textile fabric require- ments. The full test shall be completed on a sample cut from the area that has the fastest burn rate. (W) Burn-out patterns. Flat woven con- structions with burn-out patterns shall be considered plain surface textile fab- ries as defined in §1610.2(k), (ot) Narrow fabries and Yoose fibrous materials. Narrow fabrics and loose f\- brous materials manufactured less ‘than 50 mm (in) in width in either di- reetion shall not be tested. If a 60 mm by 150 mm (2 in by 6 in) specimen can- not be cut due to the nature of the item, i, hula skirts, leis, fringe, loose feathers, wigs, hairpieces, ete, do not ‘conduct a test. (2) Plain surface texte fabrics: ) Preliminary triais. Conduct prelimi- nary trials to determine the quickest burning direction. ‘The specimen size ‘shall be 60 mm by 150 mm (2 in by 6 in) Cut one specimen from each direction of the fabric. Identify the fabric direc- tion being careful not to make any identifying marks in the exposed area to be tested. Preliminary specimens shall be mounted and conditioned as esoribed in paragraphs (@ych(ii) through (iv) of this section and then tested following the procedure in para- graph (0) of this section to determine if there is a difference in the barning characteristics with respect to the die reotion of the fabric, (Gi) Identify and cut test specimens. Cut the required number of test specimens to be tested (refer to §1610.%bx2), Each specimen shall be 50 mm by 150 mm (2 in by 6 in), with the long dimen- sion in the direction in which burning is most rapid as established in the pre- liminary trials. Be careful not to make ‘any identitying marks in the exposed fea to be tested, (Git) Mount specimens, Specimens shall bbe placed in the holders, with the side to be bumed face up. Even though plain surface textile fabrics are not brushed, all specimens shall be mount- fed ina specimen holder placed on the ‘carriage that rides on the brushing de- vice to ensure proper position in the 723§16106 holder. A specimen shall be placed be- tween the two metal plates of a speci- men holder and clamped. Bach speci- men shall be mounted and- clamped prior to conditioning and testing. ‘Ge) Condition specimens. AT!” spect- ‘mens mounted In the holders shall then be placed in « horizontal position on an ‘open metal shelf in the oven to permit free circulation of air around them. ‘The specimens shall be dried in the oven for 30 22 minutes at 105° #8 °C 221" 35 °F), removed from the oven and placed’ over a bed of anhydrous silie {ol desiccant in a desiccator until cool, Fat not less than 15 minutes, (W) Flammability test, Follow the test procedure in paragraph (¢) of this see- tion and also follow the test sequence in § 1610.10). (@) Raised surface textite fabrics) Preliminary trais. ‘The most Hammable surface of the fabric shall be vested. Conduct preliminary trials andor vis" ual examination to determine the Guickest burning area. ‘The specimen size shall be 60 mm by 150 mm (2 in by 6 in). For raised surface textile fabrics, the direction of the lay of the surface fibers shall be parallel with the long di- mension of the specimen. Specimens shall be taken from that part of the faised-fiber surface that appears to have the fastest burn time, For those fabrics where 1t may be difficult to vis- ually determine the correct direction Of the lay of the raised surface bers, preliminary tests can be done to deter” mine the direction of the fastest. bum time, For textiles with varying depths of pile, tufting. ete., the preliminary test. specimens’ are ‘taken’ from cach opth of pile area to dotermine which exhibits the quickest rate of burning. A sufficient number of preliminary spec!- mens shall be tested to provide ade- quate assurance that the raised surface textile fabric will be. tes quickest burning area. Prel specimens shall be mounted and condi- toned as described helow and tested following the procedure In paragraph i) Identify and cut test specimens. Cut the required number of specimens (Geter to §1610.700X8)) to be. tested. Bach specimen shall be 50 mm by 150 mm (in by 6 in), with ‘the specimen taken fom the ‘irection in which 16 CFR Ch. Il (1-1-18 Edition) barning is most rapid as established in the preliminary trials andor visual ex- amination, Be careful not to make any Mentifying marks in the exposed area to be tested, (Git) Mount specimens, Prior to mount ing the specimen, run a. fingernail ‘along the 150 mm (6 in) edge of the fab- Fie not more than 64 mm (0.25 in) in from the side to determine the lay of the surface fibers, All specimens shall be mounted ina specimen holder placed on the carriage that rides on the brushing device. ‘The specimens shall be mounted with the side to be burned face up and positioned s0 the lay of the surface Mhers is golng away from the closed end of the specimen holder. The ‘specimen must be positioned in’ this, manner so that the brashing procedure desoribed in paragraph (a3)dv) of this section will raise the surfuce bers, fe, the specimen is brushed against the direction of the lay of the surface fibers. The specimen shall be placed be- tween the two metal plates of the spec- imen holder and clamped. (Gy) Brush specimens. Atter mounting in the specimen holder (and with the holder still on the carriage that rides on the brushing device) each specimen ‘Shall be brushed one time. The carriage is pushed to the rear of the brushing device, see Figure 7, and the brush, see Figure 8, lowered to the face of the specimen. ‘The carriage shall be drawn forward by hand once ayainst the lay of the surface fibers ata uniform rate, Brushing of a specimen shall be per- formed with the specimen mounted in a specimen holder. "The purpose of the metal plate or ““tomplate™ on the car lage of the brushing device is to sup- port the specimen during the brashing operation. See Pigure 8. (\) Condition specimens. AML specimens (mounted and brushed) In the holders ‘shall be then placed in a horizontal po- sition on an open metal shelf in the oven to permit free circulation of air around them. ‘The specimens shall be ‘dsied in the oven for 40 42 minutes at tage 4a 90 a1" 44 9R) naMowed from eRe oven and placed over a bed of anhy- ‘drous silica wel desiccant. in a desie~ ator until cool, but not less than 15, minutes. (1) Conduct flammability test. Follow the procedure in paragraph (c) of this 724‘Consumer Product Safety Commission section and follow the test sequence in Sr610-70013), (b) Step 2—Refurbishing and testing ‘after refurbishing, Q) The refurbishing Drocedures are the same for both plain Surface textile fabries and raised flber surface textile fabrics. ‘Those samples that result n'a Class 3, Rapid and In- tense Burning after Step 1 testing in the original state shall not be refur- bished and shall not undergo Step 2 (Dry cleaning procedure. (A) AN samples. shall be dry cleaned before they undergo the laundering procedure, Samples shall be dry cleaned in a com- mercial dry cleaning machine, using the following prescribed conditions: Solvent: Perehlorvethylene, commer- cial grade Detergent class: Cationte. Cleaning time: 10-15 minutes. Extraction time: 3 minutes, Drying ‘Temperature: 60-86 “C (140-180 *F), Drying Time: 18-20 minutes. Cool Down Deodorization time: § min- tates. Samples shall be dry cleaned in a Toad that is 80% of the machine's capacity. (B) If necessary, ballast consisting of clean textile ploves or garments, white fo light in color and consisting of sp- proximately 80% wool fabric pieces and 20% cotton fabric pieces, shall be used. ‘Laundering procedure. Tho sample being subjected to the dry clean” ing’ procedure, shall be washed and dried one time in accordance with sec- tions 8.2.2, 8.29 and 83,1(A) of AATCC ‘Test Method 121-2008 “Appearance of Fabrics after Repeated Home Laun- dering” (incorporated by reference at $1610.60o)cDURiLI). Washing shall be performed in accordance with sections £2 and 82.2 of AATCC ‘Pest Method 124-2005 using AATCC 1995 Standard Reference Detergent, powder and ash water temperature (IV) (120° 35°F; 40" 35°C) specified in Table Il of that method, and the water level, agitator speed, washing time. spin speed and final Spin eyele specified for "Normal method. A maximum wash Toad shall be 8 pounds (3.63 kw) and may consist of any combination of vest samples and dammy pieces. Drying shall be per- formed In accordance with section 83.1(A) of that test method, Tumble 1610.6 Dry, using the exhaust. temperature (50° 210 °F; 68" 25 °C) and cool down time of 10) minutes specified in the “Durable Press” conditions of ‘Table Wy, Gi) AATCC ‘Test Method 124-2006 \ppearance of Fabrics after Repeated Home Laundering,” is incorporated by reference, The Diteetor of the Federal Register approves this incorporation by. reference in accordance with. 5 U.S.C. 552(a) and 1 CFR part 61. You may obtain a copy from the American Association of Textile Chemists and Colorists, P.O. Box 12215, Research Tsi- ‘angle Park, North Carolina 27709. You may Inspect a copy at the Office of the Secretary, Consumer Product. Safety Commission, Room 502, 4830 Kast West Highway, Bethesda, Maryland 20814 or ‘at the National Archives and Records ‘Administration (NARA). For informa- tion on the availability of this mate- ral at NARA, call 202-741-6090, or gO to Aitp:/swwue.archives.gow/federal register’ code of federal regulations’ fr Tovations. htm. (@) Testing plain surface textile fabrics after refurbishing. ‘The test procedure is the same as for Step I~ Testing In the original state described in paragraph (aU) of this section: also follow the test sequence $1610.700)(2). (3) Testing raised fiber surface textite {fabrics after refurbishing. The test proce- dare is the same as for Step 1~Testing in the original state as described in paragraph (aj@) of this section: also follow the test sequence in §1610.7(bx4), (€) Procedure for testing flammabitity (@) The test chamber shall be Tocated tunder the hood (or other suitable en- closure) with the fan turned off. Open the control valve in the fuel supply. Allow approximately 5 minutes for the ‘ir to be drawn from the fuel line, ig- nite the gas and adjust the test flame to a length of 16 mm (6 in), measured from its tip to the opening in the gas nozzle. (@) Remove one mounted specimen from the desieentan ata time and place it in position om the specimen rack in the chamber of the apparatus. ‘Thick fabries may require adjustment of the specimen rack so that the tip of the in- Aicator finger just touches the surface of the specimen, 725§16107 (8) Adjust the position of the spect- men rack of the. flammability test chamber so that the tip of the indi- ator finger Just touches the face of the ‘mounted specimen. (@) String the stop thread through the guides in the upper plate of the specimen holder across the top of the specimen, “and through any other thread gulde(s) of the chamber. Hook the stop weight in place close to and just below the stop weight thread ulde. ‘Set the timing mechanism to zero. Clase the door of the flamma- bility test chamber. (6) Begin the test within 45 seconds of the time the speclmen was removed from the desiecator. Activate the trik- ger device to impinge the test fame. ‘The trigger device controls the im- pingement of the test flame onto the specimen and starts the timing device. ‘The timing is automatic and stops when the weight is released by the sev- ering of the stop thread, (6) At the end of each test, turn on the hood fan to exhaust any fumes or smoke produced during the test. (7) Record the burn time (reading of the timer) for each specimen, along with visual observation using the test result codes given in §1610., If there is no burn time, recora the visual obser- vation using’ the. test. result. codes. Please note for taised-fiber surface tex: tile fabrics, specimens ‘should be al- lowed to continue burning, even though a burn rate is measured, to de- termine if the base fabric will fase (@) After exhausting all fumes and smoke produced during the test, turn off the fan before testing the next spec- ‘men, (73 FR 15610, Mar. 25, 200, a8 amended at 73 IRR azo, Oct. 208) (a) Preliminary and final classifea- tions. ‘Preliminary classifications are assigned based on the test results both before and after refurbishing. The final Clasaifleation before or” after refur- Dishing, whichever Is the more severe flammability classification () Test sequence and classification eri- teria, () Step 1, Plain Surface Textile Fabrics in the original state, 16 CFR Ch. Il (1-1-18 Edition) () Conduct preliminary tests in ac- cordance with §1610.6(a)(2)) to deter mine the fastest burning direction of the fabric, Gi) Prepare and test five specimens from the fastest burning direction. ‘The burn times determine whether to as. ‘sign the preliminary classification and proceed to §1610.6(b) or to test five ad- ‘ditional specimens, Git) Assign the preliminary, classi- Aoation of Class 1, Normal Flamma: bility and proceed to §1610.6(b) when: (A) There are no burn times: or (B) There is only one burn time and it is equal to or greater than 3.5 sec- onds; or (C) The average burn time of two or more specimens Is equal to or greater than 8.5 seconds. (iv) ‘Test five additional specimens when there Is either only one bur time, and it is less than 8.5 seconds; or there Is an average burn time of less than 3.5 seconds. ‘Test these five addi- tional specimens from the fastest burn- {ing direction as previously determined by the. preliminary "specimens. The burn times for the 10 specimens deter- mine whether to: (4) Stop testing and assign the final lassifleation as Class 3, Rapid and In- tense Burning only when there are two or more burn times with an average ‘burn time of less than 8.5 seconds; or (B) Assign the preliminary classifica~ tion of Class 1, Normal Flammability ‘and proceed to §1610.6(b) when there ‘ate two of more burn times with an a= rage burn time of 3.5 seconds ot great (9 If there is only one burn time out of the 10 test specimens, the test ts In- ‘conclusive. The fabric cannot be classi fea, (2) Stop 2, Plain Surface Textile Fab- rigs after refurbishing in accordance with $1610.60). () Conduct preliminary tests in ac cordance with §1610.6(ax2)4) vo deter mine the fastest burning disection of the fabric. (Gi) Prepare and test five specimens from the fastest burning direction. ‘The urn Umes determine whether to stop testing and assign the preliminary classification or to test five additional ‘specimens, 726‘Consumer Product Safety Commission Git) Stop testing: and assign the pre- liminary classification of Class 1, Nor- mal Flammability. when: (A) There are no burn times; or (B) There is only one burn time, and it is equal to or greater than 5.5 sec- fonds; or (©) The average burn time of two or more specimens is equal to or greater than 2.8 seconds, Gy) Test five additional specimens when there is only one burn time, and itis less than 3.5 seconds; or there is an average burn time less’ than 3.5 see- fonds. ‘Test five additional specimens from the fastest burning direction as previously determined by the prelimi ary specimens, The burn times for the 10 specimens determine the prelimi- nary classifleation when: (A) There are two or more burn times with an average burn time of 3.5 sec- fonds or greater. The preliminary clas- sification is Class 1, Normal Flamma- bility: or (B) There are two or more burn times with an average burn time of less than 435 seconds. The preliminary and final classification is Class 3, Rapid and Tn- tense Burning: or (6) If there is only one burn time out of the 10 specimens. the vest results are inconelusive. ‘The fabrie cannot he clas- sified, @) Step 1, Raised Surface Textile Fabric in the original state. {U) Determine the area to be most flammable per $1610.63). Gi) Prepare and test five specimens from the most flammable ates. The burn times and visual observations de- termine whether to assign a prelimi nary classification and proceed to $1610.60) or to test five additional specimens, it) Assign the preliminary classt- fication and proceed to §1610.6(b) when: (A) There ave no burn Limes. The pre- liminary classification is Class 1, Nor mal Flammability; or (B) There is only one burn time and {tJs lesn than 4 seconds without a hase burn, or {tis 4 seconds or greater with fof Without a base burn. ‘The prelimi. ary classification is Class 1, Normal Flammability; or (©) There are no base burns regard- less of the burn time(s). ‘The prelim!- 1610.7 nary classification 1s Class 1, Normal Flammability; or (D) There are two or more burn times with an average burn time of 0-7 soc- ‘nds with @ surface flash only. The pre- liminary classification 1s Class 1, Nor- mal Flammability: or (B) There are two or more burn times with an average burn time greater than 7 seconds with any number of base ‘burns. The preliminary classification is Class 3, Normal Flammability: or (F) There are two or more burn times with an average burn time of 4 through ‘Teseconds (both inclusive) with no more than one base burn. ‘The preliminary classification Is Class 1, Normal Flam ability: or (G) There are two or more burn times with an average burn time less than 4 Seconds with no more than one base burn. ‘The preliminary classification is Class 1, Normal Flammability: or (i) There are two or more burn times with an average burn time of 4 through T seconds (both inclusive) with two oF more base burns. The preliminary elas- Siffeation Is Class 2. Intermediate Flammability. (iv) Test flve additional specimens when the tests of the Initial five speel- ens result in either of the following: ‘There is only one burn time and it is less than 4 seconds with a base burn; oF the average of two or more burn times fs lest than 4 seconds with twa or more base burns, ‘Test these five additional specimens from the most flammable ‘tea, ‘The barn times and visual obser~ vations for the 10 specimens will deter mine whether to! (4) Stop testing and assign the final classification only if the average burn time for the 10 specimens is less than 4 seconds with three ot move base burns, ‘The final classification i Class 3, Rapid and Intense Burning: or (B) Assign the preliminary classifica- tion and continue on to §1640.6(b) when: (2) The average burn time ts less than 4 Seconda with no more than two base burns. The preliminary classification is Class 1, Normal Flammability; or (2) The average burn time Is 47 sec- fonds (both inclusive) with no more than 2 base barns. ‘The preliminary classification is Class 1, Normal Flam mability, or aT§16108 (3) The average burn time is greater than 7 seconds, The preliminary classi- Aoation Ie Class 1, Normal Flamma- bility: or (@ ‘The average burn time Is 4 through 7 seconds (both inclusive) with three or more base burns. "The prelimi- nary classification is Class 2, Inter- mediate Flammability, or (9 If there is only one burn time out of the 10 specimens, the test is incon- Clusive. The fabric cannot he classified @) Step 2, Raised Surface ‘Textile Fabric After Refurbishing In accord- tance with §1610.6(0). (@) Determine the area to be most flammable in accordance sith $1610.60). Gi) Prepare and test five specimens from the most flammable area. Burn times and visual observations deter mine whether to stop testing and de- termine the preliminary classification or to test five additional specimens. Git) Stop testing and assign the pre- liminary classification when: (A) There are no burn Limes. The pre- liminary classification is Class 1, Nor- mal Flammability; or (B) There is only one barn time, and {vis less than 4 seconds without a hase burn; or It is 4 seconds or greater with fof without a base burn. The prelimi- ary classification is Class 1, Normal Flammability; or (©) There are no base burns regard- less of the burn time(s). ‘The prelim!- nary classification is Class 1, Normal Flammability: or (D) There are two or more burn times with an average burn time of 0 to Tsee- fonds with surface flash only. The pre- liminary classification is Class 1, Nor- mal Flammability: or (B) There are two or more burn times with an average burn time greater than 7 seconds with any number of base burns. The preliminary classification is Class 1, Normal Flammability: of (F) There are two or more burn times with an average burn time of 4 through Taeconds (hoth inelusive) with no mare than one base burn. The preliminary claseifieation is Class 1, Nermal Flam. ability: or (G) There are two or more burn times with an average burn time less than 4 Seconds with no more than one hase 16 CFR Ch. Il (1-1-18 Edition) barn, The preliminary classification is Class 1, Normal Flammability; or GH There are two or more burn times with an average burn time of 4 through T seconds (both inclusive) with two oF more base burns. The preliminary clas- Sifieation. is Class 2, Intermediate Flammability. Gy) Test five additional. specimens when the tests of the Initial five speei- mens fesult in either of the following: ‘There is only one burn time, and it is less than 4 seconds with a ase burn; oF the average of two or more burn times fs less than 4 seconds with twa or more ‘base burns. (@) If required, test five additional specimens from ‘the most flammable ‘area, ‘The burn times and visual obser- vations for the 10 specimens determine the proliminary classification when: (A) The average burn time is less than 4 seconds with no more than two base burns. The preliminary classifica: tion is Class 1, Normal Flammability: (B) ‘The average burn time is less ‘than 4 seconds with three or more hase ‘barns. The preliminary and final classi- Acation 1s Class 3, Rapid and Intense Burning: or (C) The average burn time is greater than T seconds. The preliminary classi- fication is Class 1, Normal Flamma- bility: or (D) he average burn time is 4-7 sec- fonds (both inclusive), with no more than two base burns. ‘The preliminary classification 1s Class 1, Normal Flam- ability: or (B) The average burn time is 4-7 sec- onds (both inclusive). with three or ‘more base burns. The preliminary elas- sification is Class 2, Intermediate Flammabinity; or (i) If there is only one burn time out of the 10 specimens, the test is Incon- ‘elusive, ‘The fatiric cannot he classified. $1610.8 Reporting results. (a) The reported result shall be the classification before or after refur ‘and based on this result, the textile Shall be placed in the proper final clas- Sifleation as described in § 16104. (b) Test result codes. The following are the definitions for the test. result codes, which shall be used for recording 728‘Consumer Product Safety Commission flammability results for each specimen ‘that 1s burned 0) For Plain Surface Textile Fabrics: DNI_ Did not ignite, TBE Ignited, but extinguished, sec. Actual burn. time measured ‘and recorded by the timing device. (@) For Raised Surface Textile Fab- SF uc Surface flash, under the stop thread, but does not break the stop thread. SF pw Surface fash, part way. No time shown because the surface flash {did not reach the stop thread. SF poi Surface fash, at the point of impingement. only (equivalent to id not ignite” for plain surfaces). ‘sec. Actual burn time measured by the timing device in 0.0 seconds. SF only. ‘Time in seconds, surface fash only. No damage to the base fabrie. ._SFBB Time in seconds, surface fash base burn starting at. places other than the point of Impingement fsa tesult of surface flash, SFBB pol Time in seconds, sur- face flash base bur starting at the point of impingement, 'SFBB poit Time in seconds, sur- face flash base burn possibly starting at the point of impingement, The as- terisk ‘Is accompanied by ‘the fol- lowing statement: “Unable to make Absolute determination as to source of hase burns.” This statement. is ‘added to the result of any specimen if there Is a question as to origin of the base barn, ‘Subpart B—Rules and Regulations $1610.81 Definitions. In addition to the definitions pro- vided im section 2 of the Flammable Fabries Act as amended (5 U.S.C. L191), and in §1610.2 of the Standard, the following definitions apply for this subpart. (a) Act means the “Flammable Rab- ries Act" (approved June 30, 1963, Pub. Law 82, 2d Congress, Ist sess., 15 U.S.C, 1191; 67 Stat. 111) as amended, 68 Stat, 70, August 28, 1951 (b) Rule, rules, regulations, and rules and reguiations, mean the rules and reg 1610.32 ulations prescribed by the Commission pursuant to section 5(¢) of the act. (©) United States means, the several States, the District of Columbia, the Commonwealth of Puerto Rico and the Territories, and Possessions of the United States, (@) Marketing or handting means the transactions referred to in section 2 of the Flammable Fabries Act, as amend- din 1961 (e) Test means the application of the relevant test method prescribed in the procedures provided under section 4a) of the Act (16 CFR part 1600). (6 Finish type means a particular fin- sh, but does not include such variables fas changes in color, pattern, print, or design, or minor variations in ‘the ‘amount or type of Ingredients in the ‘nish formulation, Examples of finish types would be starch finishes, resin finishes or parchmentized finishes. (g) Uncovered or exposed part means that part of an article of wearing ap- parel that might during normal wear ‘be open to flame or other means of ig- nition, The outer surface of an unde garment 1s considered to be an uncov- ered or exposed part of an article of wearing apparel, and thus subject to the Act. Other examples. of ‘exposed parts of an article of wearing apparel Subject to the Act include, but are not Iimited to: (1) Linings, with exposed areas, such 4s full front sippered jackets: (2) Sweatshirts with exposed raised ‘Aber surface inside and capable of being worn napped side out (@) Unlined hoods (4) Rolled cutis (2) Coated fabrics means a exible material composed of a fabric and any adherent polymeric material applied to fone or both surfaces. $1610.32 General requirements No article of wearing apparel or fab- le subject to the Act and regulations Shall be marketed or handled if such article or fabric, when tested according to the procedures prescribed in section Ata) of the Act (16 CFR 1609), is s0 high- ly flammable as to be dangerous when worn by individuals. 729§ 1610.33 $1610.33 Test procedures for textile fabries and ttm. (a)Q) All textile fabrics (except those with a nitro-cellulose fiber, finish or Coating) intended or sold for use in wearing apparel, and all such fabrics contained in articles of wearing ap- parel, shall be subject to the require. ent of the Act, and shall be deemed to be so highly flammable as to be dan- gerous when worn by individuals if Such fabrics or any uncovered or ex- posed part of such articles of wearing apparel exhibits rapid and intense burning when tested under the condl- tions and in the manner prescribed in subpart A of this part 1610, (2) Notwithstanding the provisions of paragraph (a)() of this section, coated fabries, except those with a nitro-cel- lulose coating, may be tested under the procedures oudtined in part 1611, Stand- Ard for the Flammability of Vinyl Plas. tie Film, and if such coated fabrics do not exhibit a rate of burning in excess Of that specified in §1611.8 they shall ot he deemed to be so highly flam- mable as to he dangerous when worn by individuals, () All film, and textile fabrics with a nitro-cellulose fiber, finish or coating {intended or sold for ‘use in wearing: ap- parel, and all film and such textile fab- Hos referred to in this rule which are contained in articles of wearing ap- parel, shall be subject to the require- ment of the Act, and shall be deemed to be so highly flammable as to be dan- gerous when worn by individuals. if such film or such textile fabrics or any ‘uncovered or exposed part of such arti- les of wearing apparel exhibit a rate of barning in excess of that specified in part 1611, Standard for the Flamma- bility of Vinyl Plastic Film, $1610.84 Only uncovered or exposed ‘parts of wearing apparel tobe tst- () In determining whether an article of wearing apparel is so highly fam- ‘able as to he dangerous when worn by inaividnals, only the nneovered or ex posed part ‘of such article of wearing Apparel shall be tested according to the applicable procedures set forth in Hi1056 () Te the outer layer of plastic film or plastio-coated fahrie of a multilayer 16 CFR Ch. Il (1-1-18 Edition) fabric separates readily from the other layers, the outer layer shall be tested under part 161 Standard for the Flammability of Vinyl Plastic Pilm. If the outer layer adheres to all or a por- tion of one or more layers of the under: laying fabric, the multilayered fabric may be tested under either part 1610 Standard for the Flammability of Clothing Textiles or part 1611. How- ever, If the conditioning procedures re- quired by §16106ax2Kv) and $1610.6X3,'v) would damage or alter {the physical characteristics of the film or coating. the uncovered or exposed layer shall be tested in accordance with part 1611, (c) Plastic film or plastie-coated fab- ric used, or intended for use as the outer laver of disposable diapers is ex: fempt from the requirements of the Standard, provided that a sample taken from a fall thickness of the as- sembled article passes the test In the Standard (part 1610 or part 1611) other- ‘wise applicable to the outer fabric or fim when the flame is applied to the exposed or uncovered surface. See {§§1610.36(0) and 1611.38() 101035, Procedures for texting. apex ‘lal types of textile fabrien “um the standard (a) Fabric not customarily washed or dry cleaned. () Except as provided tn paragraph (a2) of this section, any textile fabrie of article of wearing ap Darel which, In its normal andes. tomary use ‘as wearing apparel would hot be dry cleaned or washed, need not be dry cleaned or washed as preseriied {in $1610.60) ‘when tested under the Standard if such fabrio or article of wearing apparel, when marketed or Inandled, is marked in a clear and 1eg- {ble manner with the statement: "Fab Ho may be dangerously flammable if fry cleaned or washed.” An example of the type of fabrie referred to in this parasaph is bridal ilusion. (2) Section 16103, which requires that ail textilon shall be refarbiahed before testing, shall not apply to disposable fabrics and_gatments, Additionaly such lsposable Tabrics and. garments Shall not be subject to the labeling te- ‘asirementa sot forth in paragraph (a0) or tis section. 730‘Consumer Product Safety Commission (©) A coated fabric need not, upon test under the procedures outlined in subpart A of part 1610, be dry cleaned 1S set forth in § 1610.60). (c) In determining whether a textile fabric having a raised-fiber surface, ‘which surface is to be used In the cov” fered or unexposed parts of articles of wearing apparel, is so highly fam- mable as to he dangerous when worn by individuals, only. the opposite surface or surface intended to be exposed need be tested under the applicable proce- dares set forth in §1610.6, providing an invoice or other paper covering the marketing or handling of such fabric is sven which clearly designates that the alsed-fiber surface 1s to be used only in the covered or unexposed parts of ar~ ticles of wearing apparel $1610.36 Application of Act to par ‘ticular types of products. (a) Intertinings. Fabrics intended or sold for processing into interlinings or other covered or tunexposed parts of ar- cles of wearing apparel shall not be subject to the provisions of section 3 of the Act: Provided, that an invoice of other paper covering the marketing: or handling of such fabrics is given which specifically designates. thelr intended fend use: And provided further, that with respect to fabrics which under the pro- visions of section 4 of the Act, as amended, are so highly flammable as to be dangerous when worn by Individ- tals, any person marketing or handling such fabrics ‘maintains records which show the acquisition, disposition and intended end use of such fabries, and any person manufacturing articles of Wearing apparel containing such fab- ries maintains records which show the acquisition, and use and disposition of such fabries. Any person who fails to maintain such records or to furnish such invoice or other paper shall be doomed to have engaged in the mar- keting or handling of such products for purposes subject to the requirements of the Act and such person and the prod- hots shall ha sihjnst tthe pretsions of sections 8, 6, 7, and 9 of the Act, () Hats, gloves, and footwear. Fabries intended or sold for use in those hats, gloves, and footwear which are ex: eluded ander the definition of articles of wearing apparel in section 2(@) of the §1610.36 Act shall not be subject to the provi- ‘sions of section 3 of the Act: Provided, that an invotce or other paper covering the marketing or handling of such fab- Fics is given which specifically des ignates their intended use in such prod- ucts: And provided further, that with re- spect to fabries whch under the provi- ‘Sons of section 4of the Act, as amend ed, are so highly flammable as to be Gangerous when worn by individuals, ‘any person marketing or handling such fabries maintains records which show the acquisition, disposition, and in- tended end use of such fabries, and any person manufacturing hats, gloves, or footwear containing such fabrics main- tains records whieh show the acquisi- tion, end use and disposition of such fabrics. Any person who fails to main- tain such records or to furnish sue In- volee or other paper shall be deemed to have engaged in the marketing or han- dling of such products for purposes sub- ject to the requirements of the Act and ‘such person and the products shall be Subject to the provisions of sections 3, 6.7, and 9 of the Act (6) Veils and hats. Q) Ornamental mil- Jinery veils or vetlings when used as a part of, in conjunction with. or as a hat, are not to be considered such a “covering for the neck, face, or shoul- dors” as would, under the first proviso of section 24d) of the Act, cause the hat to be inoluded within the definition of the term "article of wearing apparel ‘where such oramental millinery veils or veilings do not extend more than nine (9) inches from the tip of the crown of the hat to which they are at- tached and do not extend more than two (2) inches beyond the edge of the brim of the hat. (2) Where hats are composed entirely of ornamental millinery vells or vollings such hats will not be consid- fred as subject to the Act if the veils or vellings from which they are manufac- tured were not more than nine (9) Inches In width and do not extend more than nine (8) inches from the tip of the (ad) Handkerchiefs. (1) Except as pro- ‘vided in paragraph (@x2) of this sec- tion, handkerchiefs not exceeding a finished size of twenty-four (24) inches on any side or not exceeding five hun- ‘dred seventy-six (676) square inches In 731§161037 area are not deemed “articles of wear- ing apparel” as that term is used in the Act. (2) Handkerchiefs or other articles af- fixed to, incorporated in, or sold as a part of articles of wearing apparel. as Aecoration, trimming, or for any other purpose, are considered an integral part of stich articles of wearing sp- parel, and the articles of wearing sp- Darel’ and all parts thereof are subject to the provisions of the Act. -Hand- Kerehiem® of other articles intended or sold to be affixed to, ineorporated in oF sold as a part of articles of wearing ap- Darel as aforesaid constitute fabric" fag that term is defined in section 2(e) of the Act and are subject to the provi- Sions of the Act, such handlerchiets of other articles constitute textile fabrics fas the term “textile fabrio” 1s defined in §1610.20. {@) If, because of construction, design, color, type of fabric, or any other fac. tor, a piece of cloth’ of a finished type or any other product of a finished type ‘appears to be likely to be used as a cov- ering for the head, neck, face, shoul- dors, or any part thereof, or otherwise appears likely to be used as an article of clothing, garment, such product is hot a handicerehlef and constitutes an article of wearing apparel as defined in and subject to the provisions of the Act, irrespective of its size, or its de- scription or designation asa hand- ereh{ef or any other term. (0) Raised-fider surface wearing ap- parel. Whore an article of wearing ap- Darel has a raised-fiber surface which is Intended for use a8 @ covered or unex- posed part of the article of wearing ap- parel Int the article of wearing apparel fs, because of its design and construc- tion, capable of being worn with the raistd-fiber surface exposed, _ such faised-fiber surface shall be considered to be an uncovered of exposed part of the article of wearing apparel. ‘Exam- ples of the type of products referred to {in this paragraph are athletic shirts or so-called “sweat shirte” with a raised: (®) Multilayer fabric and wearing ap- parel with a fitm oF coating on the uncov- fred or exposed surface. Plastic film or plastie-coated fabric used, or intended for use, as the outer layer of disposable Giapers is exempt from the require- 16 CFR Ch. Il (1-1-18 Edition) ments of the standard, provided that a full thickness of the assembled article passes the test in the Standard other- ‘wise applicable to the outer fabric or film when the flame is applied to the exposed or uncovered surface. $1610.37 Reasonable and representa: ‘ive tests to support guaranti (a) Purpose. ‘The purpose of this 1610.37 is to establish requirements for Feasonable and representative tests to ‘support initial guaranties of produets, fabrics, and related materials which are subject to the Standard for the Flammability of Clothing Textiles (the Standard, 16 CFR part 1610), (b) Statutory provisions, (1), Section 81a) of the Act (5 U.S.C. 119%a)) pro- vides that no person shall be subject to criminal prosecution under section 7 of the Act (5 U.S.C. 1196) for a violation of section 3 of the Act (15 U.S.C. 1192) if ‘such person establishes @ guaranty re- celved in good faith to the effect that the product, fabric, or related material ‘complies with the applicable flamma- bility standard. A guaranty does not provide the holder any defense to an ‘Administrative action for an onder to ‘cease and desist from violation of the applicable standard, the Act, and the Federal ‘wade Commission’ Act (15 U.S.C. 45), nor to any civil action for injunction or seizure ‘brought under section 6 af the Act (15 U.S.C 1195). (@) Section B of the Act provides for ‘wo types of guaranties: () An initial guaranty based_on “reasonable and representative tests" made in accordance with the applicable standard issued under the Act; and Gi) A guaranty based on a. previous suaranty, received in good faith, to the effect that reasonable and representa~ tive teats show conformance with the applicable standard. (©) Requirements, (1) Bach person or form issuing an initial guaranty of a product, fabric, or related. material Subject ‘to the ‘Standard shall devise ‘and implement a program of reason- able and representative tests to sup- port such @ guaranty. (2) The term program of reasonable and representative tests as used in this 4161037 means at Teast one test. with results demonstrating conformance 732‘Consumer Product Safety Commission with the Standard for the product, fab- Mie or related material which is. the subject of an initial guaranty. ‘The pro- fram of reasonable and representative tests roquired by this §1610.37 may in- clude tests performed Defore the effec- tive date of this section, and may in- clude tests performed by. persons or firms outside of the territories of the United States or other than the one issuing the initial guaranty. ‘The num ber of tests and the frequency of test- {ing shall be left to the discretion of the porson or firm issuing the initial guar- anty. (G) In the case of an initial guaranty of a fabric or related material, a pro- fram of reasonable and representative tests may consist of one or more tests of the particular fabric or related ma- terial which Is the subject of the guar- tanty, or of a fabrie or related material fof the same “class” of fabrics oF Te- Tnted materials as the one which is the subject of the guaranty. For purposes of this $1610.87, the term class means a category of fabrics or related materials having weneral constructional or fln- ished characteristics, sometimes in as sociation with a particular fiber, and covered by a class or type description enerally recognized in the trade. $1610.38 Maintenance of records by ‘those furnishing guaranties. (@) Any person or firm issuing an Int- tial guaranty of a product, fabric, or related material whieh is subject to the Standard for the Flammability of Clothing Textiles (the Standard, 16 CFR part 1610) shall keep and maintain f record of the test of Leste relied upon to support that guaranty. The records to be maintained shall show: (G) The style or range number, fiber composition, construction and. ‘finish type of each textile fabric or related material covered by an intial guar anty: or the identification, fiber com position, construction and finish type of each textile fabric (Including those ‘with a nitrocellulose fiber, finish oF ‘used or contained in a product of wear- ‘ing apparel covered by-an initial guar- anty. '@) Tho results of the actual test or tests made of the textile fabric or re- lated material covered by an initial 9161039 guaranty; or of any fabric or related material used in the product of wearing apparel covered by an initial guaranty. (@) When the person or firm issuing fan initial guaranty has conducted the test_or tests relied upon to support that guaranty, that, person or firm shall also Include with the Information required by paragraphs (a) () and (2) of this section, a sample of each fabric or related material which has been tested, (b) Persons» furnishing guaranties based upon class tests shall maintain ‘cords showing: (0) Identification of the class test. (2) Fiber ‘composition, construction ‘and finish type of the fabries, or the fabries used oF contained in arlicles of ‘wearing apparel so guaranteed (3) A swatch of each class of fabrics suaranteed. (c) Persons furnishing guaranties based upon guarantios received by them shall maintain records showing the guaranty received and. identifica- tion of the fabrios or fabrics contained {in articles of wearing apparel guaran- teed in turn by them. (@) The records referred to in this section shall be preserved for a period of 8 years from the date the vests were performed, or in the ease of paragraph (c) of this section from the date the guaranties were furnished (e) Any person furnishing a guaranty under section (a) of the Act who ne- ‘elects o refuses to maintain and pre Sorve the records prescribed in this Sec tion shall be deemed to have furnished fa false guaranty under the provisions of section 8(b) of the Act. $1610.39. Shipments 11(e) of the Act. (a) The involce or other paper relat ing. to the shipment or delivery for shipment in commerce of articles of wearing apparel or textile fabries for the purpose of finishing or processing to render them not so highly flam- rable as to be dangerous when worn by individuals, shall contain statement () An article of wearing apparel or textile fabric shall not be deemed to fall within the provisions of section 11(e) of the Act as being shipped or de- livered for shipment in commerce for the purpose of finishing or processing under section 733§ 1610.40 to render such article of wearing ap- Darel or textile fabric not so highly flammable under section 4 of the Act, 1 to be dangerous when worn by indi” viduals, unless the shipment or deliv- ery for shipment in commerce of such article of wearing apparel or textile fabric 1s made directly to the person engaged in the business of processing or finishing textile products for the prearranged purpose of having such ar- tele of apparel or textile fabric proc- essed ‘or finished to render it not s0 highly Nammable under section 4 of the Act, as to be dangerous when worn by individuals, and any person shipping or delivering for shipment the article of wearing apparel or fabric In com- merce for such purpose maintains records which establish that the textile fabric or article of wearing apparel has been shipped for appropriate lamma- bility treatment, and that such treat- ment has been completed, as well as records to show the disposition of such textile fabric or article of wearing ap- arel subsequent to the completion of Such treatment (c) The importation of toxtile fabrics or articles of wearing apparel may be considered as Incidental toa trans- faction involving shipment or delivery for shipment for the purpose of ret dering such textile fabrics or articles of wearing apparel not so highly flam- mable under the provisions of section 4 of the Act. as to be dangerous when ‘worn by individuals, 1 (1) The importer’ maintains records which establish that: () The imported textile fabries or articles of wearing ‘apparel have been shipped for appro- pilate flammability treatment, and (Gi) Such treatment has. been com- pleted, as well as records to show the Aisposition of such textile fabries or ar- ticles of wearing apparel subsequent to the completion of such treatment. (@) The importer, at the time of im- portation, executes and furnishes to the U.S, Customs and Border Protec. tion an affidavit stating: These fabrics (om articina nf waaring apparel) are dangerously flammable under the pro- visions of section 4 of the Act, and Will hot be sold or used in thelr present condition but will be processed or fin- ished by the undersigned or by a duly authorized ayent s0 as to render them 16 CFR Ch. Il (1-1-18 Edition) not so highly flammable under the pro- Visions of section 4 of the Flammable Fabrics Act, as to be dangerously flam- mable when worn by individuals. The importer agrees. to maintain’ the records required by 16 CFR 1610.36), (@) The Importer, if requested to do £0 by the U.S. Customs and Border Pro- teotion, farnishes an adequate specific- performance hond conditioned upon the Complete discharge of the obligations ‘assumed tn paragraphs (c)) and (2) of this section, (@) The purpose of section 11(0) of the Act is only to permit articles of wear- ing apparel or textile fabrics which are dangerously Mammable to be shipped or delivered for shipment in commerce for the purpose of treatment of proc: essing to render them not dangerously Hammable. Section 11(cjof the Act does not in any other respect limit the force land effect of sections 8, 6, 7, and 9 of the Act. In particular, section 11(0) of the Act does not authorize the sale or offering for sale of any article of wear- {ng apparel or textile fabrie which Is in fact dangerously flammable at the time of sale or offering for sale, even though the seller intends to ship the article for treatment prior to delivery to the purchaser or has already done 80. Moreover, under section 3 of the Act a person is Ilable for a subsequent ‘sale or offering for sale if, despite the purported completion of treatment to Fender it not. dangerously flammable, the article in fact remains dangerously flammable, 101040 Qe of agra, parang ia Pr ran panos eR el adr a oAeE eee aT dah orto’ ate ACeaE GSS Ghar pin wins pueng othe gn ich sesh Sareea es ess tan AEB hoe oueente oat SRL" Teese a ‘clr wil stein ie tal Saas Ting ABBA SN 734‘Consumer Product Safety Commission its provisions. See §§1610.5 & 1610.6. Subpart A’ prescribes criteria for classifying the fammabiiity of fabries fund garments subject to its provisions is “Normal flammability, Class 1,” ‘Intermediate flammability, Class 2." and “Rapid and Intense Burning, Class 3" See §1610.4. Sections 9 and dof the ‘Act prohibit the manufacture for sale, importation into the United States, oF introduction in commerce of any fabric or article of wearing apparel subject to the Standard which exhibits “rapld and intense burning” whon tested in ac- cordance with the Standanl. Seo 16 CFR part 1608. (c) The Commission recognizes that for purposes of supporting guaranties, “reasonable and representative tests" could be either the test in subpart A of this part, or alternate tests which uti- lize apparatus or procedures other than those In subpart A of this part. This $1610.40. sets forth conditions “under ‘Which the Commission will allow use of alternate tests with apparatus or pro- edures other than those In subpart. A Of this part to serve as the basis for ‘guaranties. (@)C) Persons and firms issuing guar- anties that fabrics or garments subject to the Standard meet its requirements may base those uaranties on any al- temate test utilizing apparatus or pro- cedures other than those in subpart A Of this part, if such alternate test is as stringent as, or more stringent than, the test in subpart A of this part. The Commission considers an alternate test to be “as stringent as, or more strin- ent than" the test in subpart A of this art if, when testing Identical speci- mens, che alternate test yields failing results as often as, or more often than, the vest in subpart A of this part. Any person using such an alternate’ test ust have data of information to dem- onstrate that the alternate test is ae stringent as, or more stringent. than, the test in subpart A of this part. (2) The data’or information required by this paragraph (d) of this section to stringency of any alternate test using Apparatus or ‘procedures other than those in subpart A of this part must be {in the possession of the person of firm esiring to use such alternate test e- fore the alternate test may be used to 1610.40 ‘support guaranties of items subject to the Standard, (@) The data or information required by paragraph (a) of this section to dem- onstrate equivalent or greater strin- gency of any alternate test usin appa ratus or procedures other than those in ‘subpart A of this part must be retained for as long as that alternate test is used. to support guaranties of items subject to the Standanl, and for one year thereafter. (e) Specific approval from the Com- mission in advance of the use of any al temate test using apparatus or proce- ‘dures other than those in Subpart A is not required. The Commission will not approve or disapprove any specific al- termate test utilizing apparatus or pro- ‘cedures other than those in subpart A. of this part, (6) Use of any alternate test to sup port guaranties of items subject to the Standard without the information re- quired by this section may result in ‘violation of section 8(b), of the Act (15 U.S.C. 1197(b)), which prohibits the fur- ishing of a false guaranty. (g) The Commission will tost fabrics ‘and garments subject to the Standard for compliance with the Standard using the apparatus and procedures set forth in subpart A of this part. The Commis- sion will consider any failing results from compliance testing as evidence that: (1) The manufacture for sale, impor- tation into the United States, or intro- duction in commeroe of the fabric or garment which yielded failing results was in violation of the Standard and of section 8 of the Act: and (2) The person oF firm using the al- temnate test as the basis for a guaranty ‘has furnished a false guaranty, in vio~ lation of section 8(b) of the Act. (Reporting requirements contained in para- sap (d) were approved by Office of Manage ment and Budget under conto! number 304 ak) 735§ 161061 ‘Subpart C—interpretations and Policies $1610.61 Reasonable and representa: testing to ‘assure compliance with the standard for the clothing Centos (a) Background. () The CPSC admin- {store the Flammable Fabries Act C-the Act"), 15 USC. 1191-1204. Under the ‘Act, among other things, the Commis- Son ‘enforeos the Standard for” the Flammability of Clothing Textiles (the Standard"), 16 CFR. part. 1610 ‘That Standard "establishes" require: rents for the flammability of clothing find textiles intended. to be. used. for Clothing (hereinafter textiles") (2) The Standard applies both to fab- rics and finished garments. The Stand- tard provides methods of testing the Hammability of textiles, and sets forth the requirements that’ textiles. must meet to be classified into one of three Classes of flammability (classes 1, 2 and 5). §16104. Class 7 textiles, those that fcxhibit normal flammability. are ac: ceptable for use in. clothing: $1610.40 & (2), Class 2 textiles, aD- Dlicable only. to vaised-fiber surfaces, fe considered to be of intermediate Aammability, Bat may bo used. in clothing. §1610.40)(1) & @). Finally Glass ‘3 textiles, those. that. exhibié rapid and. intense burning. are_dan- fetously flammable and may not be {ised in clothing, §1610-06)(1) & (2). The manufacture for sale, offering for sale, importation into the U.S.,.and intro: duotion or delivery for introduction of Glass # articles of wearing apparel are among the acts prohibited by section Sia) of the Act, 15'U.8.C. 11928) (3) OPSC currently. uses retail. sur- velllance, attends appropriate trade shows, follows up on reports of non= compliance and previous violations, Sand works with U.S. Customs and Bor: der Protection in an effort to find tex {lea “that violate CPSC's. standards ‘The Commission has & number of eh: forcement options to address prohib- ure actions in federal district cour’ ‘against violative textiles, seeking an onder through an administrative pro- ceeding that a firm cease and desist from selling violative garments, pur- suing criminal penalties, or seeking 16 CFR Ch. Il (1-1-18 Edition) the imposition of civil penalties for “knowing” violations of the Act. Of particular relevance to the latter two nmedies is whether reasonable and Fepresentative tests were performed demonstrating that a textile or gar ment meets the flammability. stand- ards for general wearing apparel. Per- ‘sons who willfully violate flammability Standards are subject to criminal pen- alties, A) Section 8(a) of the Act, 15 U.S.C gta), exempts a firm from’ the impo- sition of criminal penalties if the firm establishes that @ guaranty was re- ceived in good faith signed by and con- taining the name and address of the person who manufactured "the uarantied wearing apparel or textiles fr from whom the apparel or textiles were received. A guaranty issued by a person who is not a resident of the United States may not be relied upon as a bar to prosecution. 16 CFR 1608.4 ‘The guaranty must be based on the ex empted types of fabrics or on reason- able and representative tests showing that the fabrie covered by the guaranty or used in the wearing apparel covered by the guaranty is not so highly flam- miable as to be dangerous when worn by individuals, Le. Is not a Class 3 mate- rial. (The person proffering a guaranty to the Commission must also not, by further processing, have affected” the flammability of the fabric, related ma- terial or product covered by the guar- anty that was received.) Under §1610.37 ‘a person, to issue a guaranty, should first evaluate the type of fabric to de- termine if it meets testing exemptions in accorlance with $1610.10). (Some textiles never exhibit unusaal barnine ‘characteristics and need not be tested.) $1610.10). Such textiles include plain surface fabrics, regardless of fiber con- tent, weighing 26 02. or more per sq ‘yd., and plain and raised surface fabrics ade of acrylic, modacrylic, nylon, letin, polyester, wool, of any combina tion ‘of these fibers, regardless of weight.) If no exemptions apply. the Vise and implement a program of rea- sonable and representative tests to support the guaranty. ‘The number of tests and frequency of testing is left to the discretion of that person, but at least one test is required 736‘Consumer Product Safety Commission (6) In devermining whether a firm has committed a "knowing" violation of flammability standard that’ warrants Imposition of a elvil penalty, the CPSC considers whether the firm had actual Knowledge that Its products violated the ‘flammability requirements. The CPSC also considers whether the firm should be presumed to have the knovl- edge that would be possessed by a rea sonable person acting in the cir- cumstances, including knowledge that would have been obtainable upon the exercise of due care to ascertain the truth of representations. 15. U.8.C. 1i9it@), ‘The existence of results of flammability testing based on a rea- sonable and representative. program fand, in the caso of tests performed by’ ‘nother entity (such as a guarantor), the steps, If any, that the firm took to verify. the existence and reliability of Such tests, bear directly on. whether the firm acted reasonably in the cir- cumstances, () Applicability. Q) When tested for flammability, a small number of tex- tile products exhibit variability in the test results; that is, even though they may exhibit Class 1 or Class 2 barning characteristics in one test, a third test may result in a Class 3 failure. Viola- tive products that the Commission has discovered between 1994 and 1908 In- elude sheer 100% rayon skirts and Scarves; sheer 100% sille scarves: 100% rayon chenille sweaters; rayoninylon chenille and long hair sweaters: poly fester'eatton and. 100% cotton fleece! sherpa garments, and 100% cotton terry cloth robes. Between August 1994 and ‘August 1968, there have been 21 recalls of such dangerously flammable cloth- fing. and six retailers have paid civil penalties to settle Commission staff al- legations that they knowingly sold garments that violated the general ‘wearing apparel standard. (@) The violations and resulting re- calls and civil penalties demonstrate the critical necessity for manufactur- ers, distributors, importers, and retail- ers to evaluate, prior to sale, the flam- 9161061 mability of garments made from the materials described above, or to seck appropriate guaranties that assure that the garments comply. Because of the likelihood of varlable flammability in the small group of textiles identified above, one test is insulficiont to assure reasonably that these products comply with the Nammability standards. Rath: er, a person seeking to evaluate gar- ments’ made of such materials should asoure that the program tests « oaih ‘cient number of samples to. provide adequate assurance that such textile products ‘comply with the general ‘wearing apparel standard. The number of samples to be tested, and the cor- responding degree of confidence that products tested will comply, are to he Specified by the individual’ designing the test program. However, in assess ing the reasonabienoss of a test pro- gram, the Commission staff will spe cifically consider the degree of con- ‘dence that the program provides. (©) Suggestions. "The following are some sitggestions to assist in com- plying with the Standard (1) Purchase fabrics or garments that moot testing exemptions listed in 4$1610.1(@. (If buyers or other personnel ‘do not have skills to determine if the fabric is exempted, hire a textile com ‘sultant o a test lab for an evaluation.) (@) For fabries that are not exempt, ‘conduct reasonable and representative testing before. cutting and. sewing, using standard operating characteristic ‘curves for acceptance sampling to de- termine a sufficient number of tests (3) Purchase fabrics or garments that ave been guarantied andor tested by the supplier using a reasonable and representative test program that uses standard operating characteristic curves for acceptance sampling to de- termine a sufficient number of tests Firms should also receive and maintain ‘a copy of the guaranty. (4) Periodically verify that your sup- pliers are actually conducting appro- priate testing. 37Pt, 1610, Fig. 1 16 CFR Ch. Il (1-1-18 Edition) FIGURE 1 T0 PART 1610—SKETCH OF FLANOABILITY APPARATUS ‘SPECIMEN HOLDER— ‘STOP THREAD. / Door (NOT SHOWN) DRAFT VENTILATOR STRIP | TRIGGER DEVICE (NOT SHOWN) — \ ~SPECIMEN RACK l= woicaton FINGER FLOW CONTROL DEVICE \ (NOT SHOWN) MIGNITER SKETCH OF FLAMMABILITY APPARATUS FIGURE 1 738‘Consumer Product Safety Commission Pt. 1610, Fig. 2 FIGURE 2 To PART 1610—FLAMMABILITY APPARATUS VIEWS XY TYPICAL 11 HOLES i —— EQUIDISTANT 22 [8.5] 1.270 [0.5] +0.003 [0.001] i DIAMETER _—_f y 37 [14.5} SPECIMEN! IGNITER \nouer INDICATOR\ FINGER 35 [14.0] ‘SPECIMEN Ve NOTE: DIMENSIONS IN CENTIMETERS [INCHES] TOLERANCE + 1 CM [0.375] UNLESS OTHERWISE NOTED FLAMMABILITY APPARATUS VIEWS FIGURE 2 73916 CFR Ch. Il (1-1-18 Edition) PI, 1610, Fig. 3 FIGURE 3-70 PART 1610—SPECINEN HOLDER SUPPORTED IN SPRCIMEN RACK € SHNDIS OV" NAWIOadS NI GALYOddNS Y3CTOH NAWIDadS ™~ Ove SNe nawoges [90°0] zo SSANMOIHL LV 1d ¥aCTOH NaWIDadS (IVOIdAL) SNid LNAWNOMTY! OVE NAWIOadS NIGaLHOddNs WACTOH / o \ 4 ae a10N NaWIOadS: _* x \“GSIMYSHLO SSINN \, [610'0] S00 = SONVHSTOL [SSHONISH3LAWILN3O NI SNOISNAWWIG:3.LON (voldA) 3qIND avaHHL 140PI, 1610, Fig. 4 FIGURE 4 70 PART 1610—AN EXAMPLE OF A TYPICAL INDICATOR FINGER ‘Consumer Product Safety Commission v auNDId HYAONIS HOLVOIGNI IWOIdAL V SO S1dNVX3 NV fr [eo] v0 fieoleou—, j\~feroul eu \—Ierol sou 1 loo sz ~[60] $0 —__1 0) lego] ot it GLON 3SIMU3HLO SS31NN [610°0] s0°0F SONVHSIOL [saHONI] SHaLaILNSO. NI SNOISNAWIG :310N —=—lelor = a116 CFR Ch. Il (1-1-18 Edition) FloURE 5.10 PART 1610—AN EXAMPLE OF A TYPICAL GAS SHIELD Pt, 1610, Fig. 5 $s 3yNDdl4 QTAIHS SVD TWOIdAL V 40 31d VX3 Ny r [eo'o] to [szoul — T Co eet LON SENESHLO GeaTNh [610°0] $0'0 = SONVERTOL Zo. [saHONI] S¥3L3WLN39 [sez] ove NI SNOISNAWIG :3L0N | 4 = [2e'0] 04 Go] | foot] oz He | | [99'0u] 21u ~ [zvolor~ | \ [prog] v.00 2Consumer Product Safety Commission Pt. 1610, Fig. 6 FIGURE 6 10 Parr 1610—ToNrrER 1.7 [0.67] —-—-| | 0.7 [0.26] HYPODERMIC NEEDLE VALVE 0.32 [0.125] SHIELD YALE #26 G 1.59 [0.625] REGULAR POINT WITH LUER LO! TAP VALVE TO 10-32 UNF THREADS, 6-32 UNF THREADS BUSHING 0.1 [0.03] —| 0.32 [0.125] PROJECTION OF! NEEDLE 0.32 [0.125] GAS FITTING —_| NOTE: DIMENSIONS IN CENTIMETERS [INCHES] TOLERANCE + 0.05 [0.019] UNLESS OTHERWISE NOTED ‘AN EXAMPLE OF A TYPICAL IGNITER FIGURE 6 4.4 [1.74] 3Pt, 1610, Fig. 7 16 CFR Ch. Il (1-1-18 Edition) FIGURE 7 70 PART 1610—BRUSHING Device (SEE FIGURE 9) TEMPLATE BRUSHING DEVICE FIGURE 7 m4Pt, 1610, Fig. 8 ‘Consumer Product Safety Commission FIGURE 8 To PART 1610—BRUSH 8 aYuNdId Hsnus G3LON 3SIMY3HLO SS3INN [e10'0] soo SONVYSTIOL [SaHONI] SH3LAWILNIO NI SNOISNAWIG :3LON HONI Wad SLINL » GNV LINL Had S3TLSING 02 [voo'0] 100°0 = HaLAWviG [910'0] 700'0 $31LSIH@ NOTAN JO SLSISNOD HSN ;-lee‘ol 80 loot] sz Hil | tsxol 6s “| Iseol vo ie +— los‘z] 9 —| 45Pt. 1610, Fig. 9 16 CFR Ch. Il (1-1-18 Edition) FIGURE 9 10 PART 1610—BRUSHING DEVICE TEMPLATE j--38 115] 10.8 [4.25] 14.606 [5.75+0.25) + ¢ | | rl oa2 joxa5) J NOTES: 1. TWO HOLES 9 0.16 [0.0625] COUNTERSINK FOR FLAT HEAD SCREW 2, DIMENSIONS IN CENTIMETERS [INCHES] 3. TOLERANCE + 0.05 [0.019] UNLESS OTHERWISE NOTED AN EXAMPLE OF A TYPICAL BRUSHING DEVICE TEMPLATE FIGURE 9 46