[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1616.35]

[Page 692-693]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1616_STANDARD FOR THE FLAMMABILITY OF CHILDREN'S SLEEPWEAR: 
SIZES 7 THROUGH 14 (FF 5-74)--Table of Contents
 
                     Subpart B_Rules and Regulations
 
Sec.  1616.35  Use of alternate apparatus, procedures, or criteria for 
testing under the standard.

    (a) The Standard for the Flammability of Children's Sleepwear: Sizes 
7 through 14 (the Standard) requires every manufacturer, importer, and 
other person (such as a converter) initially introducing items subject 
to the Standard into commerce to group items into production units, and 
to test samples from each production unit. See 16 CFR 1616.4. The 
Standard prescribes an apparatus and procedure for performing tests of 
fabric and garments subject to its provisions. See 16 CFR 1616.5. The 
Standard prescribes pass/fail criteria at 16 CFR 1616.3(b).
    (b) Section 1616.5(a) states that alternate test apparatus may be 
used by persons or firms required to perform testing under the Standard 
``only with prior approval'' of the Commission.
    (c)(1) By issuance of this Sec.  1616.35, the Commission gives its 
approval to any person or firm desiring to use test apparatus or 
procedures other than those prescribed by the Standard for purposes of 
compliance with the Standard, if that person or firm has data or other 
information to demonstrate that a test utilizing such alternate 
apparatus or procedure is as stringent as, or more stringent than, a 
test utilizing the apparatus and procedure specified in the Standard. 
The Commission considers a test utilizing alternate apparatus or 
procedures to be ``as stringent as, or more stringent than'' a test 
utilizing the apparatus and procedures specified in the standard, if 
when testing identical specimens, a test utilizing alternative apparatus 
or procedures yields failing results as often as, or more often than, a 
test utilizing the apparatus and procedures specified in the standard.
    (2) The data or information required by this paragraph (c) of this 
section as a condition to the Commission's approval of the use of 
alternate test apparatus or procedures must be in the possession of the 
person or firm desiring

[[Page 693]]

to use such alternate apparatus or procedures before the alternate 
apparatus or procedures may be used for purposes of compliance with the 
standard.
    (3) The information required by this paragraph (c) of this section 
must be retained by the person or firm using the alternate test 
apparatus or procedures for as long as that apparatus or procedure is 
used for purposes of compliance with the standard, and for a period of 
one year there after.
    (d) Written application to the Commission is not required for 
approval of alternate test apparatus or procedures, and the Commission 
will not act on any individual written application for approval of 
alternate test apparatus or procedures.
    (e) Use of any alternate test apparatus or procedures without the 
data or information required by paragraph (c), of this section, may 
result in violation of the Standard and section 3 of the Flammable 
Fabrics Act (15 U.S.C. 1192).
    (f) The Commission will test fabrics and garments subject to the 
standard for compliance with the requirements of the standard using the 
apparatus and procedures set forth in the standard. The Commission will 
consider any failing results from compliance testing as evidence of a 
violation of the standard and section 3 of the Flammable Fabrics Act (15 
U.S.C. 1192).

(Reporting requirements contained in paragraph (c) were approved by the 
Office of Management and Budget under control number 3041-0027)

(Sec.  5, Pub. L. 90-189, 81 Stat. 569, 15 U.S.C. 1194; Sec.  30(b), Pub. 
L. 92-573, 86 Stat. 1231, 15 U.S.C. 2079(b))

[48 FR 21316, May 12, 1983]