[Federal Register Volume 59, Number 205 (Tuesday, October 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26099]


[[Page Unknown]]

[Federal Register: October 25, 1994]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Parts 1615 and 1616

 

Continuation of Stay of Enforcement of Standards for the 
Flammability of Children's Sleepwear, Sizes 0 Through 6X and 7 Through 
14

AGENCY: Consumer Product Safety Commission.

ACTION: Continuation of stay of enforcement.

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SUMMARY: This notice announces the staff's decision to extend the stay 
of enforcement of sleepwear requirements against (1) garments currently 
being used as sleepwear that are labeled and marketed as underwear if 
these garments are skin-tight or nearly skin-tight and (2) garments 
that are essentially identical in design, material, and fit to such 
``underwear'' garments.

EFFECTIVE DATE: The stay published at 58 FR 4078, January 13, 1993, 
which became effective January 13, 1993 continues in effect until 
further notice. The Commission will publish a document in the Federal 
Register announcing the termination date of this stay.

FOR FURTHER INFORMATION CONTACT: Patricia A. Fairall, Office of 
Compliance and Enforcement, Consumer Product Safety Commission, 
Washington, D.C. 20207; telephone (301) 504-0400.

SUPPLEMENTARY INFORMATION: Elsewhere in this issue of the Federal 
Register, the Commission is issuing a notice of proposed rulemaking 
(``NPR'') concerning the possible amendment of the Commission's 
flammability standards for children's sleepwear in sizes 0 through 6X 
and 7 through 14. The current flammability standard for children's 
sleepwear in sizes 0 through 6X is codified at 16 CFR Part 1615 and the 
standard for children's sleepwear in sizes 7 through 14 is codified at 
16 CFR Part 1616.
    On January 13, 1993, the Commission issued an advance notice of 
proposed rulemaking concerning the possible amendment of its 
flammability standards for children's sleepwear. 58 FR 4111. On that 
same date, the staff also issued a stay of enforcement of the sleepwear 
requirements against certain garments. 58 FR 4078. That stay went into 
effect when it was published on January 13, 1993. The staff is 
extending the stay of enforcement as previously issued while the 
Commission considers the proposed amendment.
    As stated in the NPR which is published elsewhere in this issue of 
the Federal Register, the staff has noted that many garments currently 
in the marketplace and labeled as ``playwear'' or ``underwear'' are 
suitable for use as sleepwear and are being used as sleepwear in a 
substantial number of cases. Pending Commission consideration of 
amendments to the sleepwear standards, the Compliance staff is 
extending its stay of enforcement against the following garments. The 
staff will continue not to enforce the sleepwear requirements against 
garments currently being used as sleepwear that are labeled and 
marketed as underwear if those garments are relatively free of 
ornamentation and are skin-tight or nearly skin tight. Such garments 
may be either one or two piece garments and typically are manufactured 
of a fabric such as rib knit, interlock knit, or waffle knit. The stay 
also continues to cover garments that are essentially identical in 
design, material, and fit to such ``underwear'' garments. Examples of 
the types of garments covered by the stay are illustrated on pages 4 
and 6 of the Supplemental CPSC Staff Guide to the Enforcement Policy 
Statements of the Flammability Standard for Children's Sleepwear 
(1989).
    Although the staff continues to stay enforcement against these 
garments under its sleepwear standards, these garments must comply with 
the Standard for the Flammability of Clothing Textiles, 16 CFR part 
1610.

    Dated: October 17, 1994.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 94-26099 Filed 10-24-94; 8:45 am]
BILLING CODE 6355-01-P