[Federal Register Volume 61, Number 10 (Tuesday, January 16, 1996)]
[Rules and Regulations]
[Pages 1116-1117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-421]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1616
Standard for the Flammability of Children's Sleepwear: Sizes 7
Through 14
AGENCY: Consumer Product Safety Commission.
ACTION: Revocation of rules.
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SUMMARY: The Commission revokes rules prescribing requirements for
labeling and retail display of children's sleepwear in sizes 7 through
14 manufactured between May 1, 1975, and May 1, 1978. The Commission is
revoking these rules because no items of children's sleepwear offered
for sale now or in the future is or will be subject to the rules'
requirements.
EFFECTIVE DATE: January 16, 1996.
FOR FURTHER INFORMATION CONTACT: Allen F. Brauninger, Attorney, Office
of the General Counsel, Consumer Product Safety Commission, Washington,
DC 20207; telephone (301) 504-0980, extension 2216.
SUPPLEMENTARY INFORMATION:
A. Background
1. Flammability Standard
In 1974, the Consumer Product Safety Commission issued the Standard
for the Flammability of Children's Sleepwear: Sizes 7 Through 14 under
the authority of the Flammable Fabrics Act (FFA) (15 U.S.C. 1193). See
the Federal Register notice of May 1, 1974 (39 FR 15210). The standard
is codified at 16 CFR Part 1616, Subpart A, and prescribes a
flammability test for children's sleepwear garments and fabrics
intended for use in those garments to protect children from
unreasonable risks of burn deaths and injuries.
[[Page 1117]]
2. Labeling Requirements
The flammability standard became effective on May 1, 1975, and is
applicable to sleepwear in sizes 7 through 14 manufactured after that
date. Sleepwear in sizes 7 through 14 manufactured before the effective
date of the standard is not subject to the standard, and could be sold
after May 1, 1975, without violating the standard or the FFA. To help
consumers identify sleepwear in sizes 7 through 14 manufactured to
comply with the standard, the Commission required complying sleepwear
in sizes 7 through 14 manufactured between May 1, 1975, and May 1,
1978, to be labeled with the statement: ``Flame-resistant, U.S.
Standard FF 5-74.'' 16 CFR 1616.6(b).
In 1975, the Commission issued regulations for labeling,
recordkeeping, and retail display of children's sleepwear in sizes 7
through 14. 16 CFR Part 1616, Subpart B. See the Federal Register
notice of April 1, 1975 (40 FR 14584). These regulations required
complying sleepwear in sizes 7 through 14 manufactured between May 1,
1975, and May 1, 1978 to be labeled with the statement ``Flame-
resistant. U.S. Standard FF 5-74.'' 16 CFR 1616.31(b)(8). This is the
same statement required by section 1616.6(b) of the standard.
3. Requirements for Retail Display
The regulations issued in 1975 also included a requirement to
segregate complying and noncomplying sleepwear offered for sale at
retail stores. The purpose of this requirement was to help consumers
distinguish noncomplying sleepwear manufactured before May 1, 1975,
from complying sleepwear manufactured after that date.
The Commission required any person who sold noncomplying sleepwear
in sizes 7 through 14 to physically segregate it from complying
sleepwear in those sizes. 16 CFR 1616.31(c). The Commission also
required complying sleepwear in sizes 7 through 14 sold at the same
location as noncomplying sleepwear to be identified by a sign stating:
``Flame resistant. Complies with the Standard for the Flammability of
Children's Sleepwear (FF 5-74).'' Noncomplying sleepwear in those sizes
was required to be identified by a sign stating: ``Flammable. Does Not
Meet Standard for the Flammability of Children's Sleepwear (FF 5-74).''
Id.
B. Revocation
Since May 1, 1975, all sleepwear in sizes 7 through 14 must be
manufactured to comply with the standard. Noncomplying sleepwear in
sizes 7 through 14 has not been legally manufactured since that date.
The labeling and retail display requirements described above do not
apply to sleepwear sold today or that will be sold in the future.
Accordingly, the Commission is revoking (i) the labeling requirements
in section 1616.6(b) of the standard and in section 1616.31(b)(8) of
the enforcement regulations, and (ii) the requirements for retail
display of complying and noncomplying sleepwear in section 1616.31(c)
of those regulations.
Generally, the Administrative Procedure Act (APA) (5 U.S.C. 553)
requires agencies to publish a notice of proposed rulemaking and
provide opportunity for public comment before issuing or revoking a
regulation. However, the APA provides at 5 U.S.C. 553(b)(B) that the
requirement for a notice of proposed rulemaking is not applicable when
the agency finds for good cause that notice of proposed rulemaking and
public participation are ``impracticable, unnecessary, or contrary to
the public interest.''
The Commission finds for good cause that notice of proposed
rulemaking and public participation are unnecessary because no
sleepwear in sizes 7 through 14 offered for sale now or that will be
offered for sale in the future is subject to the requirements of 16 CFR
1616.6(b), 1616.31(b)(8), or 1616.31(c). The rules being revoked have
no effect on the rights or duties of any persons who manufacture, sell,
or purchase sleepwear in sizes 7 through 14. Providing notice of
proposed rulemaking and opportunity for submission of written comments
on the proposal would be a meaningless procedure in this case.
The APA also requires at 5 U.S.C. 553(d) that a substantive rule
must be published at least 30 days before its effective date unless the
agency finds for good cause that such delay is not needed. Again,
because no sleepwear in sizes 7 through 14 offered for sale now or in
the future is subject to the rules being revoked, the Commission finds
for good cause that a delayed effective date is unnecessary.
Consequently, this revocation shall become effective immediately.
C. Conclusion
Under the authority of section 553 of the Administrative Procedure
Act and sections 4 and 5 of the Flammable Fabrics Act, the Commission
hereby amends title 16 of the Code of Federal Regulations, Chapter II,
Subchapter D, Part 1616 to read as follows:
PART 1616--[AMENDED]
Subpart A--[Amended]
1. The authority for Part 1616, Subpart A, continues to read as
follows:
Authority: Sec. 4, 67 Stat. 112, as amended, 81 Stat. 569-70; 15
U.S.C. 1193.
Sec. 1616.6 [Removed and reserved]
2. Section 1616.6(b) is revoked, removed and reserved.
Subpart B--[Amended]
3. The authority for Part 1616, Subpart B, continues to read as
follows:
Authority: Sec. 5, 67 Stat. 112-13, as amended, 81 Stat. 571; 15
U.S.C. 1194.
Sec. 1616.3 [Removed and reserved]
4. Sections 1616.31 (b)(6) and (c) are removed and reserved.
(5 U.S.C. 553; 15 U.S.C. 1193, 1194)
Dated: December 15, 1995.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 96-421 Filed 1-11-96; 2:00 pm]
BILLING CODE 6355-01-P