[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: 94-26100]


[[Page Unknown]]

[Federal Register: October 25, 1994]


=======================================================================
-----------------------------------------------------------------------

CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Parts 1615 and 1616

 

Standard for the Flammability of Children's Sleepwear: Sizes 0 
Through 6X; Standard for the Flammability of Children's Sleepwear: 
Sizes 7 Through 14

AGENCY: Consumer Product Safety Commission.

ACTION: Proposed amendments.

-----------------------------------------------------------------------

SUMMARY: The Commission proposes to amend flammability standards 
applicable to children's sleepwear in sizes 0 through 6X and sizes 7 
through 14. The amendments proposed below would revise the definition 
of ``children's sleepwear'' in the standard for sizes 0 through 6X to 
exclude garments in some infant sizes and tight-fitting garments from 
the products which are subject to the standard, and would revise the 
definition of ``children's sleepwear'' in the standard for sizes 7 
through 14 to exclude ``tight-fitting garments.'' The Commission is 
proposing these amendments because it has reason to believe that the 
existing children's sleepwear standards may not be limited to those 
sleepwear garments which present an unreasonable risk of burn deaths 
and injuries. Information available to the Commission indicates that by 
removing certain garments which do not present that unreasonable risk 
of injury, the proposed amendments would afford consumers a wider 
selection of sleepwear garments for children without diminishing the 
protection provided by the children's sleepwear standards.1

    \1\The Commission voted 2-1 to propose amendments of the 
children's sleepwear flammability standards, Chairman Ann Brown 
dissenting.
---------------------------------------------------------------------------

DATES: (1) Written Comments concerning the proposed amendments should 
be received by the Commission not later than January 9, 1995. (2) The 
Commission will provide opportunity for oral presentations of data, 
views, and arguments concerning the proposed amendment at a date to be 
announced.

ADDRESSES: Written comments concerning the proposed amendments should 
be mailed to the Office of the Secretary, Consumer Product Safety 
Commission, Washington, DC 20207, telephone: (301) 504-0800; or 
delivered to the Office of the Secretary, room 501, 4330 East-West 
Highway, Bethesda, Maryland 20814. Comments should be submitted in five 
copies and captioned ``Amendment of Children's Sleepwear Standards.''

FOR FURTHER INFORMATION CONTACT: Terrance R. Karels, Directorate for 
Economic Analysis, Consumer Product Safety Commission, Washington, DC 
20207; telephone (301) 504-0962, extension 1320.

SUPPLEMENTARY INFORMATION:

A. Background

    Provisions of the Flammable Fabrics Act (FFA) (15 U.S.C. 1191 et 
seq.) authorize issuance of flammability standards and regulations to 
protect the public from unreasonable risks of death, injury, and 
property damage from fires associated with products of wearing apparel 
made from fabric and related materials.
    In 1971, the Secretary of Commerce issued a flammability standard 
for children's sleepwear in sizes 0 through 6X to protect young 
children from death and serious burn injuries which had been associated 
with ignition of sleepwear garments, such as nightgowns and pajamas, by 
small open-flame sources. The standard for sleepwear in sizes 0 through 
6X became effective in 1972 and is now codified at 16 CFR part 1615. In 
1973, authority to issue flammability standards under provisions of the 
FFA was transferred from the Department of Commerce to the Consumer 
Product Safety Commission by section 30(b) of the Consumer Product 
Safety Act (CPSA) (15 U.S.C. 2079(b)). In 1974, the Commission issued a 
flammability standard for children's sleepwear in sizes 7 through 14. 
That standard became effective in 1975 and is now codified at 16 CFR 
part 1616.
    Both standards prescribe a test which requires that specimens of 
fabrics, seams, and trim of children's sleepwear garments must self-
extinguish after exposure to a small-open flame. Both standards require 
manufacturers of children's sleepwear subject to their provisions to 
test prototypes of sleepwear garments with acceptable results before 
beginning production. Both standards also require manufacturers to 
sample and test garments from regular production. Failure to comply 
with the sampling and testing requirements of the standards is a 
violation of section 3 of the FFA (15 U.S.C. 1192). The standards do 
not require or prohibit the use of any particular type of fabric or 
garment design as long as the manufacturer successfully completes the 
prescribed prototype and production testing.
    Each standard defines the term ``children's sleepwear'' to mean 
``any product of wearing apparel'' in the sizes covered by the standard 
``such as nightgowns, pajamas, or similar or related items, such as 
robes, intended to be worn primarily for sleeping or activities related 
to sleeping.'' Each standard excludes diapers and underwear from its 
coverage. See 16 CFR 1615.1(a) and 1616.2(a).

B. Garments Subject to the Sleepwear Standards

    Before the effective date of the standard for children's sleepwear 
in sizes 0 through 6X, questions arose about the specific types of 
garments which are subject to the requirements of that standard because 
they are ``intended to be worn primarily for sleeping and activities 
related to sleeping.'' To respond to those questions, the Federal Trade 
Commission (FTC), the agency responsible for enforcement of the 
standard at that time, published an enforcement polity statement in the 
Federal Register of March 23, 1972 (37 FR 5982). Briefly summarized, 
that policy statement announced that in determining whether a garment 
is ``intended to be worn primarily for sleeping or activities related 
to sleeping'' the FTC would consider (1) the nature of the garment and 
its suitability for use by children for sleeping or activities related 
to sleeping; (2) the manner in which the garment is distributed and 
promoted; and (3) the likelihood that the garment will be used by 
children for sleeping or activities related to sleeping in a 
substantial number of cases.
    After the Commission issued the flammability standard for 
children's sleepwear in sizes 7 through 14, the agency became aware of 
various ``borderline'' garments which may or may not be intended 
``primarily for sleeping or activities related to sleeping.'' Some of 
these garments were described in packaging, labeling, and advertising 
as ``playwear,'' ``daywear,'' or ``underwear.'' Because the FTC policy 
statement applied only to sleepwear garments in sizes 0 through 6X, the 
Commission decided to issue a new policy statement concerning the scope 
of the standard for sleepwear in sizes 7 through 14, and to revise and 
reissue the policy statement concerning the scope of the standard for 
sizes 0 through 6X.
    The Commission published a proposed revision of the policy 
statement concerning the scope of the sleepwear standard for sizes 0 
through 6X and a new policy statement concerning the scope of the 
standard for sizes 7 through 14 in 1979; in 1980 the Commission issued 
final policy statements. Those policy statements were the subject of an 
action for judicial review and were set aside by a U.S. Court of 
Appeals in 1981. See National Knitwear Manufacturers Association v. 
CPSC, 606 F2d 81 (4th Cir. 1981).
    In 1984, the Commission issued new policy statements to replace the 
ones set aside on judicial review. The Commission's 1984 policy 
statements incorporate and amplify the factors which were identified in 
the FTC policy as relevant to determining whether a garment is an item 
of ``children's sleepwear'' because it is intended to be worn 
``primarily for sleeping and activities related to sleeping.'' 
(1)2 The 1984 policy statements are codified at 16 CFR 1615.64 and 
1616.65.
---------------------------------------------------------------------------

    \2\Numbers in parentheses identify reference documents listed in 
Bibliography at the end of this notice. Requests for inspection of 
any of these documents should be made at the Commission's Public 
Reading Room, 4330 East-West Highway, room 419, Bethesda, Maryland 
20814, or by calling the Office of the Secretary (301) 504-0800.
---------------------------------------------------------------------------

    The Commission's issuance of policy statements in 1983 did not 
definitively resolve all questions about the differences between those 
children's garments which are sleepwear and are subject to the 
sleepwear standards and those which are not. In 1984, the Commission 
staff developed a pamphlet entitled Enforcement Policy on Children's 
Sleepwear, which described and illustrated various styles of sleepwear 
and non-sleepwear garments. Since its initial publication, the 
Commission staff has revised this pamphlet five times. The last 
publication was in 1989, entitled Supplemental CPSC Staff Guide to the 
Enforcement Policy Statements of the Flammability Standard for 
Children's Sleepwear (2).
    Nevertheless, the Commission staff continued to receive a large 
volume of inquiries about the status of particular garments as 
sleepwear or non-sleepwear as well as complaints about alleged 
violations of the children's sleepwear standards by firms manufacturing 
or importing garments which were subject to the standards' definitions 
of ``children's sleepwear'' but which did not meet the requirements of 
the applicable standard. During the same time, the staff also became 
aware of an increased demand by consumers for children's sleepwear made 
from 100 per cent untreated cotton fabric. Although the standards do 
not prohibit any specific type of fabric in the production of 
children's sleepwear, 100 per cent cotton fabric cannot pass the 
flammability tests in the standards unless treated with a flame 
retardant.
    In 1991, the Commission decided to re-examine the scope of the 
children's sleepwear standards and to consider the possibility of 
amending the definitions of the term ``children's sleepwear'' in the 
two standards. This undertaking resulted in the initiation of this 
rulemaking proceeding in 1993.

C. Statutory Provisions

    Section 4(g) of the FFA (15 U.S.C. 1193(g)) provides that a 
proceeding for issuance or amendment of a flammability standard is 
initiated by publication in the Federal Register of an advance notice 
of proposed rulemaking (ANPR). Section 4(g) of the FFA requires that 
the ANPR must describe the product and the risk of injury under 
consideration; summarize the regulatory alternatives being considered; 
provide information about existing standards which may be relevant; 
invite interested persons to submit comments on the product, risk of 
injury, and regulatory alternatives under consideration; invite 
interested persons to submit an existing standard or portion of a 
standard to the Commission for publication as the proposed standard or 
amendment; and invite interested persons to submit a statement of 
intent to develop or modify a voluntary standard to address the risk of 
injury under consideration.
    If the Commission decides to continue the proceeding after 
consideration of comments and submissions received in response to the 
ANPR, section 4(i) of the FFA requires the Commission to publish a 
notice of proposed rulemaking (NPR). The NPR must set forth the text of 
the proposed rule and a preliminary regulatory analysis containing a 
discussion of the anticipated benefits and costs of the proposed rule 
and other regulatory alternatives considered by the Commission. 
Provisions of section 4(d) of the FFA provide that interested persons 
shall be given the opportunity to make oral presentations of data, 
views, or arguments as well as to submit written comments on the 
proposed rule.
    To issue a final standard or amendment, section 4(j) of the FFA 
requires the Commission to publish a notice of final rulemaking setting 
forth the text of the final rule and the Commission's final regulatory 
analysis of costs, benefits, and alternatives to the rule. Section 4(j) 
also requires that the notice of final rulemaking must contain the 
Commission's findings with regard to the provisions and extent of 
compliance with any voluntary standard that may be applicable to the 
risk of injury under consideration. Additionally, section 4(b) of the 
FFA requires the notice of final rulemaking to contain findings that 
the standard or amendment is needed to protect the public from the 
unreasonable risk of death, injury, or significant property damage from 
fires associated with the fabric or product under consideration; is 
reasonable, technologically practicable and appropriate; and is limited 
to those fabrics or products which have been determined to present an 
unreasonable risk of death, injury, or significant property damage.

D. Publication of ANPR

    The Commission began this proceeding to consider amendment of the 
children's sleepwear standards by publication of an ANPR in the Federal 
Register of January 13, 1993 (58 FR 4111). The ANPR identified the 
products under consideration as children's sleepwear garments in sizes 
0 through 14, and the risk of injury as death or personal injury from 
fires resulting from ignition of children's sleepwear (4).
    As required by section 4(g) of the FFA, the ANPR also described the 
regulatory alternatives being considered by the Commission. Briefly 
summarized, the alternatives listed in the ANPR were:
    (1) Amendment of the children's sleepwear standards to exempt 
tight-fitting sleepwear garments and sleepwear garments in infant 
sizes. Children's sleepwear garments exempted from the requirements of 
the sleepwear standard would be subject to the provisions of the 
Standard for the Flammability of Clothing Textiles (16 CFR part 1610). 
That standard prohibits the manufacture, importation, or sale of 
garments which are ``dangerously flammable because of rapid and intense 
burning,'' but does not require garments to self-extinguish when 
exposed to a small open-flame ignition source, or
    (2) Issuance of an enforcement policy statement to announce that 
the Commission will not apply the requirements of the children's 
sleepwear standards to tight-fitting sleepwear garments and garments in 
infant sizes as long as those garments meet the requirements of the 
clothing textiles flammability standard.
    Section 4(g) also requires the ANPR to include information about 
all standards known by the Commission to be relevant to the proceeding. 
The ANPR discussed provisions of flammability standards for children's 
sleepwear issued by Australia, Canada, and New Zealand. The Canadian 
and New Zealand standards have less stringent flammability performance 
requirements for tight-fitting children's sleepwear garments than for 
loose-fitting children's sleepwear. The Canadian standard also makes 
special provisions for sleepwear garments in infant sizes and 
children's sleepwear intended for use in hospitals. It is noteworthy 
that there have been no burn deaths associated with children's 
sleepwear reported in Canada since its standard was promulgated in 
1987.
    At the same time the Commission published the ANPR, it also 
announced that it would not enforce the children's sleepwear standards 
in instances involving garments in sizes 0 through 14 which are labeled 
and marketed as ``underwear'' if those garments are skin-tight or 
nearly skin-tight and are essentially identical in design and fit to 
underwear garments (5). See 58 FR 4078, January 13, 1993.

E. Response to ANPR

    In response to the ANPR, the Commission received more than 2,100 
written comments from individuals, firms, and organizations. Comments 
were received from all 50 states, the District of Columbia, Puerto 
Rico, the U.S. Virgin Islands, and from United States citizens living 
abroad (3), (6). More than 95 percent of these comments favored 
modification of the standards to exempt some or all children's 
sleepwear garments from their requirements. More than one-third of all 
comments received in response to the ANPR were in the form of prepared 
letters with space for the commenter's name, or letters that were 
identical in their wording (3), (6).
    The significant issues raised by those comments and the 
Commission's assessment of those issues is set forth below.

1. Should Consumers Be Able To Purchase Non-Complying Sleepwear 
Garments if They Desire?

    Several comments express the view that consumers should be able to 
purchase children's sleepwear which does not meet the flammability 
requirements of the children's sleepwear standards-- specifically, 
children's sleepwear made from untreated 100 percent cotton--rather 
than garments which are manufactured to comply with the children's 
sleepwear standards if they choose to do so. Many of these comments 
state that parents are the parties with primary responsibility for 
their children's safety. A large number of comments from consumers 
stated that parents prefer to dress their children in cotton garments 
for sleeping. Reasons given for preferring untreated 100 percent cotton 
sleepwear include lower price, increased comfort to the wearer, and the 
avoidance of skin irritation or unpleasant odors which some comments 
assert are associated with certain man-made fabrics or fabrics with 
flame-retardant treatment. Some of these comments express the view that 
both children's sleepwear standards should be revoked in their entirety 
(6).
    Other comments express the view that the government has a duty to 
establish mandatory safety requirements to protect children from risks 
of death and serious injury, and that consumer preference must yield to 
mandatory requirements needed to protect children from serious burn 
hazards (6).
    Some comments urge the Commission to extend the flammability 
requirements of the children's sleepwear standards to cover other 
children's garments--specifically garments made from light-weight 
fabrics and long underwear (6).
    The Commission observes that section 4 of the FFA (15 U.S.C. 1193) 
authorizes the agency to issue or amend mandatory requirements for the 
flammability of wearing apparel only when such requirements are 
``needed to adequately protect the public against unreasonable risk of 
the occurrence of fire leading to death, injury, or significant 
property damage.'' (Emphasis added.) If a flammability standard has 
been issued under the FFA to address an unreasonable risk of fire 
deaths or injuries associated with a particular type or class of 
garments, that standard cannot be amended or revoked solely to 
accommodate consumer preference for noncomplying garments.
    However, section 4 of the FFA further requires that in order to 
issue or amend a standard, the Commission must find, among other 
things, that the standard or amendment is ``limited'' to include only 
those garments which have been determined to present an ``unreasonable 
risk'' of burn deaths or injuries, or significant property damage. 
Consequently, if the coverage of the children's sleepwear standards 
currently includes garments which do not present an unreasonable risk 
of fire leading to death, injury, or significant property damage, the 
Commission concludes that the scope of the standards could be narrowed 
to remove those garments from the coverage of the standards.
    For the same reasons, a flammability standard cannot be broadened 
to include other types of garments unless the Commission finds that 
those other types of garments present an ``unreasonable risk'' of fire 
resulting in death, injury, or significant property damage.
    In the course of this rulemaking proceeding, the Commission has 
reviewed information about burn injuries and deaths associated with 
children's sleepwear garments and other types of children's clothing 
since 1980. On average, each year about four children younger than 
fifteen years of age died from fires associated with clothing of all 
types (10).
    From its review of burn injury data, the Commission estimates that 
on average, about 1,150 children were treated each year in hospital 
emergency rooms for burn injuries associated with clothing of all types 
during the period from 1980 through 1993. Of that total, the Commission 
estimates that each year, about 90 burn injuries to children were 
associated with sleepwear, about 860 were associated with day wear, and 
about 200 were associated with other types of clothing or unspecified 
types of clothing (10).
    From available data, the Commission estimates that virtually no 
infants younger than one year old were treated in hospital emergency 
rooms for burn injuries associated with clothing. The Commission also 
found that most thermal burn injuries associated with sleepwear 
involved females, whereas most burn injuries associated with daywear 
involved males. Thermal burn injuries from nightwear were usually 
associated with nightgowns or pajamas that probably were not tight-
fitting (10).
    This review of information about burn deaths and injuries 
associated with children's clothing suggests that the children's 
sleepwear standards in their current form may cover certain garments 
which do not present an unreasonable risk of burn deaths or injuries: 
specifically, sleepwear garments for infants younger than one year of 
age, and some tight-fitting sleepwear garments for children ranging in 
age from one to about fifteen years old.
    This information also indicates that notwithstanding the existence 
of mandatory flammability requirements for children's sleepwear for 
more than 20 years, burn injuries to children continue to be associated 
with sleepwear, particularly nightgowns and pajamas (10). For this 
reason, the Commission concludes that the injury data do not support 
revocation of the children's sleepwear standards in their entirety. 
Finally, from this review of information about burn deaths and 
injuries, the Commission is unable to identify other specific types of 
children's clothing which may present an unreasonable risk of burn 
deaths or injuries. For this reason, the Commission is unable to find 
support from the injury data for extension of the requirements of the 
children's sleepwear standards to other types of children's garments.

2. Can the Protection Afforded to Children by the Sleepwear Standards 
Be Maintained if Garments in Infant Sizes and Tight-Fitting Garments 
Are Exempted From the Standards?

    This question is the principal issue raised by the ANPR and was the 
subject of many comments. In order to address this issue, the 
Commission must also consider its correlative: To what extent have the 
sleepwear standards prevented burn deaths and injuries to children?
    After careful consideration of the events leading to issuance of 
the children's sleepwear standards and all available information about 
burn injuries and deaths associated with children's sleepwear, the 
Commission is not able to estimate quantitatively the number of burn 
deaths and injuries which may have been avoided because of the 
requirements of those standards. Statistically projectable data are not 
available about the numbers of deaths and burn injuries associated with 
children's sleepwear before the issuance of the standard for sizes 0 
through 6X (6). Data compiled by the Commission show a measurable 
reduction in burn deaths and injuries associated with all types of 
clothing, including children's sleepwear, during the past 20 years (6).
    However, as many commenters observed, the household environment has 
also changed during that time period. The number of persons who smoke 
cigarettes has declined, contributing to a reduction in the number of 
lighters and matches in the nation's households (6), (14). Voluntary 
standards have been issued or revised to address many sources of 
ignition in the household, including gas-fueled ranges and space 
heaters and kerosene heaters. As noted in the ANPR, sales of both gas-
fueled ranges and kerosene heaters have declined in recent years (4).
    After considering all available information, the Commission has 
reason to believe that the children's sleepwear standards have 
contributed to the general decline in burn deaths and injuries 
associated with clothing, but cannot quantitatively assess the extent 
of that contribution.
a. Can Sleepwear Garments for Infants Be Exempted From the Standard for 
Sizes 0 Through 6X Without Reducing the Level of Protection That 
Standard Provides?
    Many comments urge the Commission to exempt sleepwear garments 
intended to be worn by infants younger than one year old from the 
requirements of the standard. These comments observe that infants who 
are not capable of moving by themselves are not at risk of exposing 
their clothing to an ignition source (6).
    Another group of comments opposes exempting garments in infant 
sizes. These comments state that the Commission considered and rejected 
such an exemption in 1978. Other comments opposed to such an exemption 
state that sleepwear garments for infants are not labeled to specify 
the age of the intended wearer, but rather the body measurements of the 
intended wearer (6).
    The Commission has reviewed information about burn deaths and 
injuries to children younger than one year old associated with 
sleepwear, including a report prepared in 1978 in conjunction with a 
proposed exemption for sleepwear garments smaller than size 1 (11). The 
1978 report discussed 66 cases in which children younger than one year 
old sustained burn injuries associated with clothing. In ten cases, the 
clothing involved was specifically identified as sleepwear; nine of 
these involved whole-house conflagrations and the other involved a 
home-made sleepwear garment. Consequently, none of these cases involved 
risks of injury which the sleepwear standards were intended to address. 
In all but two of the ten cases involving sleepwear garments, the burn 
victims were older than six months (11).
    After considering comments received in response to the ANPR (6), 
child development literature (12), and available injury data (10), the 
Commission finds that the sleepwear garments intended for children 
younger than six months of age may not present an unreasonable risk of 
burn deaths or injuries to children. For this reason, the Commission 
has reason to believe that the standard for sizes 0 through 6X in its 
existing form may not be limited to those garments which present an 
unreasonable risk of fire leading to death, personal injury, or 
significant property damage, as required by section 4(b) of the FFA. 
Consequently, the Commission has preliminarily decided that garments in 
sizes suitable for children younger than six months of age could be 
exempted from the requirements of the sleepwear standard for sizes 0 
through 6X without decreasing the protection afforded by that standard. 
The Commission also concludes that the exemption should be stated in 
terms of maximum dimensions for the chest and length of the garment. 
Separate maximum length dimensions are specified for one-piece and two-
piece garments. The maximum dimensions specified were selected by 
considering body sizes of children approximately six months old as set 
forth in ASTM standard D 4910-89 ``Standard Tables of Body Measurements 
for Infants, Ages 0 to 18 months,'' published by ASTM (formerly the 
American Society for Testing and Materials) (12).
    The proposed amendment also requires that an exempted infant 
garment must be labeled with the words and figures ``0 to 6 mos.'' The 
label required by the proposed amendment is for the use of the 
Commission staff when determining whether a garment is exempted from 
the requirements of the children's sleepwear standard because it is 
intended to be worn by infants younger than six months old. For this 
reason, it is not required to be permanently attached to the garment, 
but must be visible to the consumer when the garment is offered for 
sale at retail.
    In addition to meeting the dimensional and labeling requirements, 
garments in infant sizes must meet the applicable requirements of the 
flammability standards for clothing textiles and vinyl plastic film (16 
CFR parts 1610 and 1611) to be eligible for the exemption from the 
children's sleepwear standard made by the amendment proposed below.
b. Can Tight-Fitting Garments Be Exempted From the Sleepwear Standards 
Without Reducing the Protection They Provide?
    Many of the comments favoring exemption of tight-fitting garments 
from the children's sleepwear standard express the view that cotton 
sleepwear is as safe or safer than sleepwear which complies with the 
applicable standard. Other comments express support for an exemption of 
tight-fitting garments from the sleepwear standards if available 
information demonstrates that such an exemption would not reduce the 
protection against burn injuries provided by the standards. A small 
number of comments express the view that the standards should not be 
changed because they have effectively reduced risks of serious burn 
injuries to children from ignition of sleepwear garments (6).
    After careful consideration of all comments on this issue (6), 
technical literature (8), (11), injury data (10), and provisions of 
sleepwear standards in Australia, Canada, New Zealand and the United 
Kingdom (11), the Commission concludes that tight-fitting garments 
could be exempted from the standards without reducing the level of 
protection against burn injuries which they provide to children.
    Currently available information from technical literature 
demonstrates that tight-fitting garments are less likely to contact an 
ignition source and, if ignited, burn less rapidly than loose-fitting 
garments (8), (11). Burn injury data indicate that in the event of 
clothing ignition, burn injuries associated with close-fitting garments 
are less severe than those associated with loose-fitting garments (10).
    As noted in the ANPR, the Canadian standard for children's 
sleepwear prescribes flammability requirements for pajamas, nightgowns, 
and robes which are similar to the requirements of the sleepwear 
standards codified at 16 CFR parts 1615 and 1616. However, the Canadian 
standard provides that close-fitting polo pajamas and sleepers, as well 
as sleepwear garments in infant sizes and sleepwear garments used in 
hospitals shall meet less stringent flammability requirements which are 
similar to those of the standard for clothing textiles codified at 16 
CFR part 1610 (4).
    By letter dated September 13, 1993, the Director of Product Safety 
of the Canadian government advised the Commission that since 
promulgation of the Canadian sleepwear standards in 1987, no burn 
deaths associated with children's sleepwear have been reported in 
Canada. The Director of Product Safety added that a planned five-year 
study to collect data about burn injuries associated with children's 
sleepwear in Canada had been discontinued because of a lack of burn 
cases (11).
    For these reasons, the Commission concludes that to the extent the 
children's sleepwear standards in their current form are applicable to 
tight-fitting sleepwear garments, they may apply to some garments which 
are not associated with an unreasonable risk of burn deaths and 
injuries and may not be limited to those garments which present an 
unreasonable risk, as required by section 4(b) of the FFA.
    Several comments address the issue of defining the term ``tight-
fitting'' garment. Some comments suggest exempting specific types of 
garments such as ``ski pajamas'' or ``long johns.'' Others state that 
exempted garments should be required to have specific features, such as 
tight cuffs at the wrists and ankles. Some comments observe that the 
Department of Commerce has withdrawn the commercial standard for sizing 
of children's apparel which is cited in both children's sleepwear 
standards (6).
    Section 4(b) of the FFA requires that a flammability standard must 
be ``stated in objective terms.'' The amendments proposed below exempt 
``tight-fitting'' sleepwear garments from the standard for sizes 0 
through 6X and the standard for sizes 7 through 14. The proposed 
amendments define the term ``tight- fitting garment'' by specifying 
maximum dimensions for the following parts of the garment: Chest, 
waist, seat, upper arm, thigh, wrist, and ankle (12). The proposed 
amendments specify the specific points on the garment at which 
measurements are taken to calculate the maximum dimensions.
    The maximum dimensions specified for garments in sizes for infants 
six to 24 months old were selected by considering body sizes of 
children approximately six months old set forth in a proposed revision 
of ASTM standard D 4910 (12). The maximum dimensions selected for the 
various locations on the garment in each size from 2 through 6X are 
based on dimensions specified in a draft ASTM standard tentatively 
designated ``Standard Table of Body Measurements for Pre-School 
Children Sizes 2-6X/7.'' (12) The ASTM committee which is developing 
this draft standard has several members who are employed by 
manufacturers of children's garments as well as members from academic 
institutions.
    Maximum dimensions of the specified locations on garments in sizes 
7 through 14 are based on a report of an anthropometric study of 
children ranging in age from infancy to the age of 18 years, conducted 
in 1977 by the University of Michigan (12). Maximum dimensions are 
given for both boys' and girls' garments in the proposed definition of 
``tight-fitting garment'' for the standard for sizes 7 through 14. The 
Commission is aware that at this time sleepwear garments are not 
marketed in girls' sizes 9, 11, and 13. However, dimensions for those 
sizes are provided in the proposed amendments to the standard for size 
7 through 14 published below. Garments which are not explicitly labeled 
and promoted for use by girls must meet the maximum dimensions listed 
for boys' garments in each size to be exempted from the requirements of 
the sleepwear standard for sizes 7 through 14.
    To be eligible for the exemption from the requirements of the 
children's sleepwear standards, a tight-fitting garment must not exceed 
the maximum dimensions specified for each size in the amendments 
proposed below. The proposed amendments also require that an exempted 
garment must be labeled to indicate the size to which it was 
manufactured. The size label required by the proposed amendment is for 
the use of the Commission staff when determining whether a garment 
meets the dimensional requirements for an exempt sleepwear garment. For 
this reason, the label is not required to be permanently affixed to the 
garment, but it must be visible when the garment is offered for sale to 
consumers.
    The proposed amendments also require that when offered for sale to 
consumers, exempted garments in sizes for 6 to 9 months and larger must 
be clearly and conspicuously labeled with a statement to advise 
consumers that the garment is not flame-resistant and should be tight-
fitting for the safety of the child. If the proposed amendments are 
issued on a final basis, this labeling statement will be one component 
of an information and education campaign to advise consumers that the 
safety of these sleepwear garments is dependent upon their tight fit.
    Finally, garments exempted from the flammability requirements of 
the amendments proposed below must comply with applicable provisions of 
the flammability standards for clothing textiles and vinyl plastic film 
(16 CFR parts 1610 and 1611).
c. Alternatives to an Exemption for Sleepwear Garments in Infant Sizes 
and for Tight-fitting Garments
    Some comments suggest that rather than exempt sleepwear garments in 
infant sizes and tight-fitting garments from the sleepwear standards, 
the Commission should provide additional guidance about the differences 
between children's sleepwear and non-sleepwear garments, including long 
underwear (6).
    As discussed above, since 1984, the Commission staff has attempted 
to clarify the standards' definitions of ``children's sleepwear'' 
garments by written descriptions and drawings and to distinguish 
sleepwear from non-sleepwear garments in a publication distributed to 
the children's garment industry. However, the staff has not been able 
to provide definitive guidance that resolves all questions about the 
distinction between sleepwear and non-sleepwear garment. Constantly 
changing styles and fashions in children's apparel have been a major 
obstacle to this effort. The Commission has reason to believe that 
further attempts to provide guidance through additional revisions of 
the staff enforcement policy guides are not likely to meet with success 
(6), (17).
    Some comments suggest that the Commission should require labeling 
of all children's sleepwear garments to indicate their relative 
flammability. Other comments urge the Commission to require labeling of 
those sleepwear garments which do not meet the flammability 
requirements of the children's sleepwear standards. These comments 
state that labeling of some or all children's sleepwear garments would 
be preferable to prohibiting the sale of garments which do not comply 
with the requirements of the children's sleepwear standards (6).
    Research into the effectiveness of labeling indicates that in order 
for a label to be effective, it must be: (1) Noticed, (2) read and 
understood, and (3) acted upon. That research also indicates that as 
consumers become more familiar with a product, they are more likely to 
ignore information about the product. Additionally, if a product is not 
perceived as hazardous, the likelihood is greater that a label will go 
unnoticed (12).
    Children's sleepwear garments are products that are familiar to 
most consumers. Generally, those garments are not perceived as 
presenting a safety hazard. Most sleepwear garments offered for sale to 
consumers bear labels stating size, price, fiber content, and 
laundering instructions. All of these factors decrease the likelihood 
that consumers would notice and read additional label information about 
the flammability of the garment (12).
    Even if a label is noticed and read, its message must also be 
understood before it can be acted upon. Explaining the nature of the 
flammability hazard associated with children's sleepwear and the steps 
that should be taken to avoid the hazard would be extremely difficult 
given the limited space that would be available on a label (12). For 
these reasons, the Commission concludes that labeling some or all 
children's sleepwear garments would not be effective as the sole means 
to communicate the flammability hazard associated with those garments 
or a practical alternative to the performance requirements of the 
standards.

F. Preliminary Regulatory Analysis

    As noted above, section 4(i) of the FFA requires the notice of 
proposed rulemaking to contain a regulatory analysis consisting of: (1) 
A preliminary description of potential benefits and potential costs of 
the proposed standard or amendment, and an indication of those likely 
to receive the benefits and to bear the costs; (2) a discussion of the 
reasons for not publishing any existing standard submitted in response 
to the ANPR as the proposed standard or amendment, and for concluding 
that any statement of intent to develop or modify a voluntary standard 
to address the risk of injury under consideration is not likely to 
result in the development of an adequate voluntary standard; and (3) a 
description of any reasonable alternatives to the proposed standard or 
amendment, together with a summary description of potential benefits 
and costs of each alternative and a brief explanation of why each such 
alternative has not been published as the proposed standard or 
amendment.

1. Potential Benefits of the Proposed Amendments

    One potential benefit of the proposed amendments is that a greater 
variety of children's sleepwear will be available to consumers (14).
    Consumers may also benefit from decreases in relative prices of 
children's sleepwear because of increased penetration of the sleepwear 
market by imported goods. Costs of testing and uncertainty about the 
applicability of the children's sleepwear standards may have restrained 
imports of sleepwear to the United States in recent years. Imported 
garments account for only nine percent of all children's sleepwear sold 
in 1992, whereas imported garments constituted 52 percent of all sales 
of adult sleepwear. The exemptions from the children's sleepwear 
standards made by the amendments proposed below are expected to 
increase imports of lower- and mid-priced garments, resulting in 
greater competition within the sleepwear industry, and lower prices to 
consumers (14).
    If consumers elect to dress their children in tight-fitting 
sleepwear garments which are exempted from the requirements of the 
children's sleepwear standards by the amendments proposed below in 
place of loose-fitting non-sleepwear garments, the number of burn 
deaths and injuries associated with non-sleepwear garments worn by 
children when sleeping may decrease (8), (12), (14).
    Additionally, domestic manufacturers who decide to produce garments 
exempted by the proposed amendments may also enjoy greater sales. The 
ability of domestic manufacturers to produce children's sleepwear 
garments from cotton rather than man-made fabrics customarily used in 
the production of complying children's sleepwear may lead to reduced 
prices of children's sleepwear (14).

2. Potential Costs of the Proposed Amendments

    The potential cost of the exemptions to the children's sleepwear 
standards made by the proposed amendment is the possibility of 
increased societal costs of future burn deaths or injuries associated 
with the exempted garments (14). However, the Commission has reason to 
believe that few if any additional burn deaths or injuries to children 
will result from the proposed amendments.
    On the basis of epidemiological data, the Commission expects that 
exempting sleepwear garments in infant sizes from the requirements of 
the sleepwear standards will not result in increased risk of burn 
injuries to children younger than six months of age. Infants younger 
than six months old are not capable of moving by themselves, and for 
that reason are not likely to come within range of ignition sources 
when an adult is not present (11), (12).
    As noted above, the household environment in which children wear 
sleepwear has changed since the first sleepwear standard was issued in 
1971. The number of adults who smoke cigarettes has declined by about 
20 million since 1974, resulting in the presence of fewer matches and 
lighters in the nation's households. Ignition hazards presented by 
ranges and space heaters have also decreased (6), (14).
    The Commission also observes that in 1970, sales of all children's 
sleepwear garments averaged about one and one-half garments per child 
(14), (15). The average number of sleepwear garments purchased per 
child each year has not changed appreciably since 1970 (14), (15). 
Because it is reasonable to assume that children use several garments 
as sleepwear during the course of a year, a logical inference is that 
children have probably always used more non-sleepwear garments for 
sleeping than garments manufactured to comply with the children's 
sleepwear standards (14). Consequently, providing an exemption from the 
requirements of the standards for a limited class of sleepwear garments 
in infant sizes and tight-fitting garments is not expected to increase 
risks of burn deaths and injuries associated with children's sleepwear.

3. Existing Standards and Statements of Intent To Develop a Voluntary 
Standard

    No existing standard was submitted for publication as the proposed 
standard in response to the ANPR. No statement of intent to develop or 
modify a voluntary standard was submitted in response to the ANPR.

4. Alternatives to the Proposed Amendments

a. Make No Change to the Standards
    There would be no change in burn deaths and injuries to children 
which might otherwise be attributable to the proposed amendments. 
Consumers would forgo all potential benefits of increased choice of 
children's sleepwear garments and reductions in prices that might 
result from issuance of the proposed amendments (14).
b. Do Not Amend the Standards; Issue a Statement of Policy to the 
Effect That the Commission Will Not Apply the Standards to Garments in 
Infant Sizes or Tight-fitting Sleepwear Garments
    While this alternative might result in some benefits of increased 
choice and lower prices to consumers, domestic manufacturers and 
importers might be reluctant to change business practices in reliance 
on such a policy statement because of uncertainty about future 
Commission decisions to change that policy. Such uncertainty might 
result in continued low levels of imported sleepwear garments and 
little if any domestic production of exempted garments subject to the 
provisions of the policy statement (14).

G. Impact on Small Businesses

    In accordance with section 605(b) of the Regulatory Flexibility Act 
(5 U.S.C. 605(b)), the Commission hereby certifies that the amendments 
to the children's sleepwear standards proposed below will not have a 
significant economic impact on a substantial number of small entities, 
including small businesses, if issued on a final basis (14).
    The amendments proposed below would provide an exemption from the 
requirements of the children's sleepwear standards for certain 
sleepwear garments in infant sizes and certain tight-fitting sleepwear 
garments. However, no importer or domestic manufacturer is required to 
produce the exempted garments. Consequently, any economic impact of the 
proposed amendments, either positive or negative, will result from 
business decisions of regulated firms rather than any provision of the 
proposed amendments (14).

H. Environmental Considerations

    The proposed amendments fall within the categories of Commission 
actions described at 16 CFR 1021.5(c) that have little or no potential 
for affecting the human environment. Because the proposed amendments, 
if issued on a final basis, will not change any aspect of the testing 
required by the standard, the proposed action does not have any 
potential to produce significant environmental effects. For that 
reason, neither an environmental assessment nor an environmental impact 
statement is required.

List of Subjects in 16 CFR Parts 1615 and 1616

    Clothing, Consumer protection, Flammable materials, Infants and 
children, Labeling, Records, Textiles, Warranties.

Conclusion

    Therefore, pursuant to the authority of section 30(b) of the 
Consumer Product Safety Act (15 U.S.C. 2079(b)) and section 4 of the 
Flammable Fabrics Act (15 U.S.C. 1193), the Commission hereby proposes 
to amend title 16 of the Code of Federal Regulations, Chapter II, 
Subchapter D, Parts 1615 and 1616 to read as follows:

PART 1615--STANDARD FOR THE FLAMMABILITY OF CHILDREN'S SLEEPWEAR: 
SIZES 0 THROUGH 6X

    1. The authority for Part 1615 continues to read as follows:

    Authority: Sec. 4, 67 Stat. 112, as amended, 81 Stat. 569-570; 
15 U.S.C. 1193.


Sec. 1615.1  [Amended]

    2. Sections 1615.1 (c) through (m) are redesignated Secs. 1615.1 
(d) through (n).
    3. Section 1615.1 is amended by revising paragraph (a) and adding 
new paragraphs (c) and (o) to read as follows:


Sec. 1615.1  Definitions.

    In addition to the definitions given in section 2 of the Flammable 
Fabrics Act, as amended, the following definitions apply for the 
purposes of this Standard:
    (a) Children's Sleepwear means any product of wearing apparel up to 
and including size 6X, such as nightgowns, pajamas, or similar or 
related items, such as robes, intended to be worn primarily for 
sleeping or activities related to sleeping, except:
    (1) Diapers and underwear;
    (2) ``Infant garments,'' as defined by paragraph (c) of this 
section; and
    (3) ``Tight-fitting garments,'' as defined by section 1615.1(o), 
below.
* * * * *
    (c) Infant garment means a garment which:
    (1) If a one-piece garment, does not exceed 68 centimeters (21 
inches) in length; if a two-piece garment, has no piece exceeding 37.1 
centimeters (14\1/2\ inches) in length;
    (2) Does not exceed 48.3 centimeters (19 inches) at the chest, 
calculated by placing the garment on a horizontal, flat surface, with 
the outer surface of the garment exposed, measuring the distance from 
arm pit to arm pit, and multiplying that value by two;
    (3) Complies with all applicable requirements of the Standard for 
the Flammability Clothing Textiles (16 CFR part 1610) and the Standard 
for the Flammability Vinyl Plastic Film (16 CFR part 1611); and
    (4) Bears a label stating ``0-6 mos.'' If the label is not visible 
to the consumer when the garment is offered for sale at retail, the 
same figures and letters must appear legibly on the package of the 
garment.
* * * * *
    (o) Tight-fitting garment means a garment which:
    (1) In each of the sizes listed below does not exceed the maximum 
dimension specified below for the chest, waist, seat, upper arm, thigh, 
wrist, or ankle: 

----------------------------------------------------------------------------------------------------------------
                          Chest        Waist        Seat       Upper arm      Thigh        Wrist        Ankle   
----------------------------------------------------------------------------------------------------------------
      6-9 mos\3\                                                                                                
                                                                                                                
Maximum Dimension\1\                                                                                            
    Centimeters                                                                                                 
     (inches)........    45.7 (18)  47.6 (18\3/                                                                 
                                            4\)    47 (18\1/                                                    
                                                         2\)  14 (5\1/2\)  25.9 (10\1/                          
                                                                                   4\)     10.3 (4)   12.2 (4\7/
                                                                                                             8\)
                                                                                                                
       9-12 mos                                                                                                 
                                                                                                                
Maximum Dimension\1\                                                                                            
    Centimeters                                                                                                 
     (inches)........    47 (18\1/                                                                              
                               2\)    48.3 (19)    48.3 (19)   14.3 (5\5/                                       
                                                                      8\)  26.7 (10\1/                          
                                                                                   2\)   10.5 (4\1/             
                                                                                                8\)     12.8 (5)
                                                                                                                
      12-18 mos                                                                                                 
                                                                                                                
Maximum Dimension\1\                                                                                            
    Centimeters                                                                                                 
     (inches)........  49.5 (19\1/                                                                              
                               2\)  49.5 (19\1/                                                                 
                                            2\)    50.8 (20)   14.9 (5\7/                                       
                                                                      8\)  28.3 (11\1/                          
                                                                                   8\)   10.5 (4\1/             
                                                                                                8\)   13.1 (5\1/
                                                                                                             8\)
                                                                                                                
      18-24 mos                                                                                                 
                                                                                                                
Maximum Dimension\1\                                                                                            
    Centimeters                                                                                                 
     (inches)........  52.1 (20\1/                                                                              
                               2\)    50.8 (20)    53.3 (21)    15.6 (\1/                                       
                                                                      8\)  29.5 (11\5/                          
                                                                                   8\)   10.9 (4\1/             
                                                                                                4\)   13.5 (5\1/
                                                                                                             4\)
                                                                                                                
        Size 2                                                                                                  
                                                                                                                
Maximum Dimension\1\                                                                                            
    Centimeters                                                                                                 
     (inches)........    50.8 (20)    50.8 (20)    53.3 (21)   15.6 (6\1/                                       
                                                                      8\)  29.8 (11\1/                          
                                                                                   2\)   11.4 (4\1/             
                                                                                                2\)  14 (5\1/2\)
                                                                                                                
        Size 3                                                                                                  
                                                                                                                
Maximum Dimension\1\                                                                                            
    Centimeters                                                                                                 
     (inches)........    53.3 (21)  52.1 (20\1/                                                                 
                                            2\)    55.9 (22)   16.2 (6\3/                                       
                                                                      8\)  31.4 (12\3/                          
                                                                                   8\)   11.8 (4\5/             
                                                                                                8\)   14.9 (5\7/
                                                                                                             8\)
                                                                                                                
        Size 4                                                                                                  
                                                                                                                
Maximum Dimension\1\                                                                                            
    Centimeters                                                                                                 
     (inches)........    55.9 (22)    53.3 (21)    58.4 (23)   16.8 (6\5/                                       
                                                                      8\)    33.0 (13)   12.1 (4\3/             
                                                                                                4\)   15.9 (6\1/
                                                                                                             4\)
                                                                                                                
        Size 5                                                                                                  
                                                                                                                
Maximum Dimension\1\                                                                                            
    Centimeters                                                                                                 
     (inches)........    58.4 (23)  54.6 (21\1/                                                                 
                                            2\)    61.0 (24)   17.5 (6\7/                                       
                                                                      8\)  34.6 (13\5/                          
                                                                                   8\)   12.4 (4\7/             
                                                                                                8\)   16.8 (6\5/
                                                                                                             8\)
                                                                                                                
        Size 6                                                                                                  
                                                                                                                
Maximum Dimension\1\                                                                                            
    Centimeters                                                                                                 
     (inches)........    61.0 (24)    55.9 (22)    63.5 (25)   18.1 (7\1/                                       
                                                                      8\)  36.2 (14\1/                          
                                                                                   4\)     12.7 (5)     17.8 (7)
                                                                                                                
       Size 6X                                                                                                  
                                                                                                                
Maximum Dimension\1\                                                                                            
    Centimeters                                                                                                 
     (inches)........  62.9 (24\3/                                                                              
                               4\)  57.2 (22\1/                                                                 
                                            2\)  65.4 (25\3/                                                    
                                                         4\)   18.7 (7\3/                                       
                                                                      8\)  37.8 (14\7/                          
                                                                                   8\)   13.0 (5\1/             
                                                                                                8\)   18.7 (7\3/
                                                                                                            8\) 
----------------------------------------------------------------------------------------------------------------
\3\Maximum dimensions are calculated by placing the garment on a horizontal, that surface, with the outer       
  surface of the garment exposed; measuring the distances specified below; and multiplying that value by two:   
Chest--measure distance from arm pit to pit.                                                                    
Waist--measure narrowest distance between arm pits and crotch.                                                  
Seat--measure widest location between waist and crotch.                                                         
Upper arm--measure a line perpendicular to the sleeve extending from the outer edge of the sleeve to the arm    
  pit.                                                                                                          
Thigh--measure a line perpendicular to the leg extending from the outer edge of the leg to crotch.              
Wrist--measure the width of the end of the sleeve.                                                              
Ankle--mesure the width of the end of the leg.                                                                  

    (2) Has no item of fabric, ornamentation or trim, such as lace, 
appliques, or ribbon, which extends more than 6 centimeters (\1/4\ 
inch) from the outer surface of the garment;
    (3) Has all sleeve openings tapered toward the wrists, and all leg 
openings tapered toward the ankles;
    (4) In the case of a two piece garment having a top piece with 
fastenings, has a bottom fastening within 15 centimeters (6 inches) of 
the bottom of the top piece of the garment;
    (5) Complies with all applicable requirements of the Standard for 
the Flammability of Clothing Textiles (16 CFR Part 1610) and the 
Standard for the Flammability of Vinyl Plastic Film (16 CFR Part 1611);
    (6) Bears a label stating the size of the garment in following 
words and figures: ``Size [______ to ______ mos.] or [2-6X].'' If the 
label is not visible to the consumer when the garment is offered for 
sale at retail, the same figures and letters must appear legibly on the 
package of the garment; and
    (7) When displayed for sale to consumers, is clearly and 
conspicuously labeled with the following statement: ``Garment is not-
flame resistant. For child's safety, garment should be tight-fitting. 
Loose-fitting clothing is more likely to contact an ignition source and 
burn.''
* * * * *

PART 1616--STANDARD FOR THE FLAMMABILITY OF CHILDREN'S SLEEPWEAR: 
SIZES 7 THROUGH 14

    1. The authority for Part 1616 continues to read as follows:

    Authority: Sec. 4, 67 Stat. 112, as amended, 81 Stat. 569-570; 
15 U.S.C. 1193.

    2. Section 1616.2 is amended by revising paragraph (a) and adding a 
new paragraph (m), to read as follows:


Sec. 1616.2  Definitions.

    In addition to the definitions given in section of the Flammable 
Fabrics Act, as amended (sec. 2, 81 Stat. 586; 15 U.S.C. 1191), the 
following definitions apply for purposes of this Standard:
    (a) Children's sleepwear means any product of wearing apparel size 
7 through 14, such as nightgowns, pajamas, or similar or related items, 
such as robes, intended to be worn primarily for sleeping or activities 
related to sleeping, except:
    (1) Diapers and underwear; and
    (2) ``Tight-fitting garments'' as defined by section 1616.2(m), 
below.
* * * * *
    (m) Tight-fitting garment means a garment which:
    (1) In each of the sizes listed below does not exceed the maximum 
dimension specified below for the chest, waist, seat, upper arm, thigh, 
wrist, or ankle:

----------------------------------------------------------------------------------------------------------------
                          Chest        Waist         Seat      Upper arm      Thigh        Wrist        Ankle   
----------------------------------------------------------------------------------------------------------------
    Size 7 Boys\4\                                                                                              
                                                                                                                
Maximum Dimension\1\                                                                                            
    Centimeters                                                                                                 
     (inches)........  60.2 (23\3/                                                                              
                               4\)    53.5 (21)  60.4 (23\3/                                                    
                                                         4\)     17.6 (7)    35 (13\3/                          
                                                                                   4\)   12.3 (4\7/             
                                                                                                8\)   16.2 (6\3/
                                                                                                             8\)
                                                                                                                
     Size 7 Girls                                                                                               
                                                                                                                
Maximum Dimension\1\                                                                                            
    Centimeters                                                                                                 
     (inches)........  58.9 (23\1/                                                                              
                               4\)  54.2 (21\3/                                                                 
                                            8\)    62 (24\1/                                                    
                                                         2\)     17.9 (7)  36.5 (14\3/                          
                                                                                   8\)   12.3 (4\7/             
                                                                                                8\)   16.5 (6\1/
                                                                                                             2\)
                                                                                                                
    Size 8 Boys\2\                                                                                              
                                                                                                                
Maximum Dimension\1\                                                                                            
    Centimeters                                                                                                 
     (inches)........  62.7 (24\5/                                                                              
                               8\)  55.6 (21\7/                                                                 
                                            8\)  63.8 (25\1/                                                    
                                                         8\)   18.5 (7\1/                                       
                                                                      4\)  36.5 (14\3/                          
                                                                                   8\)     12.5 (5)   16.9 (6\5/
                                                                                                             8\)
                                                                                                                
     Size 8 Girls                                                                                               
                                                                                                                
Maximum Dimension\1\                                                                                            
    Centimeters                                                                                                 
     (inches)........  61.3 (24\1/                                                                              
                               8\)  55.4 (21\3/                                                                 
                                            4\)  64.6 (25\3/                                                    
                                                         8\)   18.5 (7\1/                                       
                                                                      4\)    38.2 (15)     12.8 (5)   17.4 (6\7/
                                                                                                             8\)
                                                                                                                
    Size 9 Boys\2\                                                                                              
Maximum Dimension\1\                                                                                            
    Centimeters                                                                                                 
     (inches)........  65.1 (25\5/                                                                              
                               8\)  57.1 (22\1/                                                                 
                                            2\)    66.1 (26)   19.2 (7\1/                                       
                                                                      2\)  38.6 (15\1/                          
                                                                                   4\)   13.1 (5\1/             
                                                                                                8\)   17.5 (6\7/
                                                                                                             8\)
                                                                                                                
     Size 9 Girls                                                                                               
                                                                                                                
Maximum Dimension\1\                                                                                            
    Centimeters                                                                                                 
     (inches)........  64.4 (25\3/                                                                              
                               8\)  57.5 (22\5/                                                                 
                                            8\)  67.7 (26\5/                                                    
                                                         8\)  19.5 (76\5/                                       
                                                                      8\)  40.1 (15\3/                          
                                                                                   4\)   13.2 (5\1/             
                                                                                                4\)       18 (7)
                                                                                                                
   Size 10 Boys\2\                                                                                              
                                                                                                                
Maximum Dimension\1\                                                                                            
    Centimeters                                                                                                 
     (inches)........    67 (26\3/                                                                              
                               8\)  59.2 (23\1/                                                                 
                                            4\)  68.3 (26\7/                                                    
                                                         8\)   19.9 (7\7/                                       
                                                                      8\)  39.5 (15\1/                          
                                                                                   2\)   13.3 (5\1/             
                                                                                                4\)   18.4 (7\1/
                                                                                                             4\)
                                                                                                                
    Size 10 Girls                                                                                               
                                                                                                                
Maximum Dimension\1\                                                                                            
    Centimeters                                                                                                 
     (inches)........  66.4 (26\1/                                                                              
                               8\)  59.6 (23\1/                                                                 
                                            2\)  70.6 (27\3/                                                    
                                                         4\)   19.9 (7\7/                                       
                                                                      8\)  42.6 (16\3/                          
                                                                                   4\)   13.3 (5\1/             
                                                                                                4\)   18.7 (7\3/
                                                                                                             8\)
                                                                                                                
   Size 11 Boys\2\                                                                                              
                                                                                                                
Maximum Dimension\1\                                                                                            
    Centimeters                                                                                                 
     (inches)........  69.1 (27\1/                                                                              
                               4\)    60.9 (24)    71.1 (28)   20.6 (8\1/                                       
                                                                      8\)  42.4 (16\3/                          
                                                                                   4\)   13.4 (5\3/             
                                                                                                4\)   18.2 (7\1/
                                                                                                             8\)
                                                                                                                
    Size 11 Girls                                                                                               
                                                                                                                
Maximum Dimension\1\                                                                                            
    Centimeters                                                                                                 
     (inches)........    70 (27\1/                                                                              
                               2\)  61.8 (24\3/                                                                 
                                            8\)  74.2 (29\1/                                                    
                                                         4\)     20.6 (8)  44.3 (17\1/                          
                                                                                   2\)   13.2 (5\1/             
                                                                                                4\)   18.7 (7\3/
                                                                                                             8\)
                                                                                                                
   Size 12 Boys\2\                                                                                              
                                                                                                                
Maximum Dimension\1\                                                                                            
    Centimeters                                                                                                 
     (inches)........    71.3 (28)  62.9 (24\3/                                                                 
                                            4\)  74.2 (29\1/                                                    
                                                         4\)   21.4 (8\3/                                       
                                                                      8\)    43.2 (17)   14.1 (5\1/             
                                                                                                2\)   19.6 (7\3/
                                                                                                             4\)
                                                                                                                
    Size 12 Girls                                                                                               
                                                                                                                
Maximum Dimension\1\                                                                                            
    Centimeters                                                                                                 
     (inches)........  72.9 (28\3/                                                                              
                               4\)  63.8 (25\1/                                                                 
                                            8\)  77.9 (30\5/                                                    
                                                         8\)   21.6 (8\1/                                       
                                                                      2\)  46.4 (18\1/                          
                                                                                   4\)  14 (5\1/2\)   19.3 (7\5/
                                                                                                             8\)
                                                                                                                
   Size 13 Boys\2\                                                                                              
                                                                                                                
Maximum Dimension\1\                                                                                            
    Centimeters                                                                                                 
     (inches)........  75.4 (29\5/                                                                              
                               8\)  65.7 (25\7/                                                                 
                                            8\)  77.4 (30\1/                                                    
                                                         2\)     22.8 (9)    45.8 (18)   14.4 (5\5/             
                                                                                                8\)   20.1 (7\7/
                                                                                                             8\)
                                                                                                                
    Size 13 Girls                                                                                               
                                                                                                                
Maximum Dimension\1\                                                                                            
    Centimeters                                                                                                 
     (inches)........  75.8 (29\7/                                                                              
                               8\)    65.9 (26)  82.2 (32\3/                                                    
                                                         8\)   22.5 (8\7/                                       
                                                                      8\)    48.2 (19)   14.2 (5\5/             
                                                                                                8\)  20 (7\7/8\)
                                                                                                                
   Size 14 Boys\2\                                                                                              
                                                                                                                
Maximum Dimension\1\                                                                                            
    Centimeters                                                                                                 
     (inches)........  79.4 (31\1/                                                                              
                               4\)    68 (26\3/                                                                 
                                            4\)  82.4 (32\1/                                                    
                                                         2\)   24.2 (9\1/                                       
                                                                      2\)    48.3 (19)   15.5 (6\1/             
                                                                                                8\)   21.7 (8\1/
                                                                                                             2\)
    Size 14 Girls                                                                                               
                                                                                                                
Maximum Dimension\1\                                                                                            
    Centimeters                                                                                                 
     (inches)........  78.2 (30\3/                                                                              
                               4\)    68 (26\3/                                                                 
                                            4\)    86.5 (34)   23.4 (9\1/                                       
                                                                      4\)  51.8 (20\3/                          
                                                                                   8\)   14.7 (5\3/             
                                                                                                4\)   20.7 (8\1/
                                                                                                             8\)
----------------------------------------------------------------------------------------------------------------
\4\Garments not explicitly labeled and promoted for wear by girls must not exceed these maximum dimensions.     

    (2) Has no item of fabric, ornamentation or trim, such as lace, 
appliques, or ribbon, which extends more than 6 centimeters (\1/4\ 
inch) from the outer surface of the garment;
    (3) Has all sleeve openings tapered toward the wrists, and all leg 
openings tapered toward the ankles;
    (4) In the case of a two piece garment having a top piece with 
fastenings, has a bottom fastening within 15 centimeters (6 inches) of 
the bottom of the top piece of the garment;
    (5) Complies with all applicable requirements of the Standard for 
the Flammability of Clothing Textiles (16 CFR part 1610) and the 
Standard for the Flammability of Vinyl Plastic Film (16 CFR part 1611);
    (6) Bears a label stating the size of the garment in following 
words and figures: ``Size [7-14].'' If the label is not visible to the 
consumer when the garment is offered for sale at retail, the same 
figures and letters must appear legibly on the package of the garment; 
and.
    (7) When displayed for sale to consumers, is clearly and 
conspicuously labeled with the following statement: ``Garment is not-
flame resistant. For child's safety, garment should be tight-fitting. 
Loose-fitting clothing is more likely to contact an ignition source and 
burn.''

(15 U.S.C. 1193; 15 U.S.C. 2079(B))

    Dated: October 17, 1994.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.

Bibliography

    1. Federal Register notice ``Flammability Standards for 
Children's Sleepwear; Statements of Enforcement Policy'' published 
by the Consumer Product Safety Commission; 4 pages; March 20, 1984 
(49 FR 10249).
    2. Supplemental CPSC Staff Guide to the Enforcement Policy 
Statements of the Flammability Standard for Children's Sleepwear--
Garment Diagrams and Assessments, published by the Division of 
Regulatory Management, Consumer Product Safety Commission; 27 pages; 
1989.
    3. Memorandum from Terrance R. Karels, ECPA, to the Commission, 
entitled ``Children's Sleepwear Project''; 12 pages; July 19, 1994.
    4. Federal Register notice ``Standards for the Flammability of 
Children's Sleepwear: Sizes 0 Through 6X and 7 Through 14; Advance 
Notice of Proposed Rulemaking,'' published by the Consumer Product 
Safety Commission; 4 pages; January 13, 1994 (58 FR 4111).
    5. Federal Register notice ``Standards for the Flammability of 
Children's Sleepwear: Sizes 0 Through 6X and 7 Through 14; Stay of 
Enforcement,'' published by the Consumer Product Safety Commission; 
1 page; January 13, 1994 (58 FR 4078).
    6. Tabular summaries of comments and staff responses to comments 
to the Advance Notice of Proposed Rulemaking; 50 pages; July 19, 
1994.
    7. ``Statement by The Children's Sleepwear Coalition In Response 
to the Consumer Product Safety Commission's Advance Notice of 
Proposed Rulemaking''; 10 pages; March 25, 1993.
    8. Memorandum from Linda Fansler, ESME, to Terrance R. Karels, 
ECPA, entitled ``Technical Rationale Supporting Tight-Fitting 
Children's Sleepwear Garments''; 11 pages; March 14, 1994.
    9. Memorandum from Linda Fansler, ESME, to Terrance R. Karels, 
ECPA, entitled ``Recent Conversation Between Staff of Consumer and 
Corporate Affairs Canada and Commission Staff''; 4 pages; July 17, 
1992.
    10. Memorandum from Dr. Terry L. Kissinger, EPHA, to Terrance R. 
Karels, ECPA, entitled ``Injury Data Related to the Children's 
Sleepwear Standards''; 13 pages; February 8, 1994.
    11. Memorandum from Dr. Terry L. Kissinger, EPHA, to Terrance R. 
Karels, ECPA, entitled ``Results of Review of Available 
Literature,'' and attachments; 21 pages; April 1, 1994.
    12. Memorandum from George Sweet, EPHF, to Terrance R. Karels, 
ECPA, entitled ``Human Factors Issues Regarding Sleepwear,'' and 
attachment; 8 pages; March 8, 1994.
    13. Memorandum from George Sweet, EPHF, to Terrance R. Karels, 
ECPA, entitled ``Garments Intended for Infants''; 4 pages; July 8, 
1994.
    14. ``Preliminary Regulatory and Regulatory Flexibility Analyses 
for the Proposed Amendments to the Children's Flammability 
Standards,'' by Anthony C. Homan, Directorate for Economic Analysis; 
7 pages; June, 1994.
    15. ``Market Sketch--Children's Sleepwear,'' by Anthony C. 
Homan, Directorate for Economic Analysis; 14 pages; March, 1992.
    16. Memorandum from Eva S. Lehman, HSPS, to Terrance R. Karels, 
ECPA, entitled ``Toxicological Evaluation of Fabrics Used in 
Children's Sleepwear''; 3 pages; June 7, 1994.
    17. Memorandum from Patricia Fairall, CERM, to Terrance Karels, 
ECPA, entitled ``Compliance History--Enforcement of Children's 
Sleepwear''; 6 pages; April 20, 1994.
    18. Memorandum from James F. Hoebel, Acting Director, ESME, to 
Terrance R. Karels, ECPA, entitled ``Amendments to Children's 
Sleepwear Standards''; 3 pages; July 7, 1994.
    19. Memorandum from Dr. Terry L. Kissinger, EPHA, to Terrance R. 
Karels, ECPA, entitled ``Proposed Amendment to Children's Sleepwear 
Standards''; 7 pages; July 15, 1994.

[FR Doc. 94-26100 Filed 10-21-94; 8:45 am]
BILLING CODE 6355-01-P