[Federal Register Volume 61, Number 10 (Tuesday, January 16, 1996)]
[Rules and Regulations]
[Pages 1115-1116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-422]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1615
Standard for the Flammability of Children's Sleepwear: Sizes 0
Through 6X
AGENCY: Consumer Product Safety Commission.
ACTION: Revocation of rules.
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SUMMARY: The Commission revokes rules prescribing requirements for
labeling, advertising, and retail display of children's sleepwear in
sizes 0 through 6X manufactured between July 29, 1972, and July 29,
1973. The Commission is revoking these rules because no 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. The Flammability Standard
In 1971, the Department of Commerce (DOC) issued the Standard for
the Flammability of Children's Sleepwear: Sizes 0 Through 6X under the
authority of the Flammable Fabrics Act (FFA) (15 U.S.C. 1193). In 1972,
DOC amended that standard. See the Federal Register notices of July 29,
1971 (36 FR 14062), and July 21, 1972 (37 FR 14624). The standard is
codified at 16 CFR Part 1615, 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.
2. Labeling Requirements
The amended flammability standard became effective on July 29,
1972. However, the standard allowed the manufacture of noncomplying
sleepwear for one year after the standard's effective date, provided
that such garments were labeled with the following statement:
``Flammable (Does Not Meet U.S. Department of Commerce Standard DOC FF
3-71). Should not be worn near sources of fire.'' 16 CFR 1615.5(b). All
children's sleepwear in sizes 0 through 6X manufactured after July 29,
1973, must comply with the standard.
In 1972, Congress enacted the Consumer Product Safety Act (CPSA)
[[Page 1116]]
(15 U.S.C. 2051 et seq.), which established the Consumer Product Safety
Commission. Section 30(b) of the CPSA (15 U.S.C. 2079(b)) transferred
to the Commission the authority formerly exercised by DOC and other
agencies under the FFA.
In 1974, the Commission issued regulations for the labeling and
advertising of children's sleepwear in sizes 0 through 6X. 16 CFR Part
1615, Subpart B. See the Federal Register notice of February 7, 1974
(39 FR 4852). These regulations required noncomplying children's
sleepwear manufactured between July 29, 1972, and July 29, 1973, to be
labeled with the statement ``Flammable (Does Not Meet U.S. Department
of Commerce Standard DOC FF 3-71). Should not be worn near sources of
fire.'' 16 CFR 1615.31(b)(3). This is the same statement required by
section 1615.5(b) of the standard.
3. Advertising and Retail Display Requirements
The regulations issued in 1974 also required the labeling statement
to be included in direct mail advertisements and catalogs for
noncomplying children's sleepwear manufactured between July 29, 1972,
and July 29, 1973. 16 CFR 1615.31(c).
In 1974, the Commission amended the regulations by issuing
additional requirements for labeling and requirements for recordkeeping
and retail display of sleepwear in sizes 0 through 6X. See the Federal
Register notice of April 14, 1975 (40 FR 16654). The Commission
required any person who sold noncomplying sleepwear at retail to
segregate it from complying sleepwear and to identify noncomplying
sleepwear in sizes 0 through 6X by a sign stating: ``Flammable. Does
Not Meet Standard for the Flammability of Children's Sleepwear (DOC 3-
71).'' 16 CFR 1615.31(d). Complying sleepwear in sizes 0 through 6X
sold at the same location as noncomplying sleepwear was required to be
identified by a sign stating ``Flame Resistant. Complies With Standard
for Flammability of Children's Sleepwear.'' Id.
B. Revocation
Noncomplying sleepwear in sizes 0 through 6X has not been legally
manufactured since July 29, 1973. Noncomplying sleepwear subject to the
labeling, advertising, and retail display requirements described above
is not now offered for sale and will not be offered for sale in the
future. For this reason, the Commission is revoking (i) the labeling
requirements in section 1615.5(b) of the standard and in section
1615.31(b)(3) of the enforcement regulations, (ii) the requirements for
advertising of noncomplying sleepwear in section 1615.31(c) of the
enforcement regulations, and (iii) the requirements for retail display
of noncomplying and complying sleepwear in section 1615.31(d) 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 0 through 6X offered for sale now or that will be
offered for sale in the future is subject to the requirements of 16 CFR
sections 1615.5(b), 1615.31(b)(3), 1615.31(c), or 1615.31(d). The rules
being revoked have no effect on the rights or duties of any persons who
manufacture, sell, or purchase sleepwear in sizes 0 through 6X.
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 0 through 6X offered for sale now or in
the future is or will be 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 1615 as follows:
PART 1615--[AMENDED]
Subpart A--[Amended]
1. The authority for Part 1615, 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. 1615.5 [Removed and reserved]
2. Section 1615.5(b) is removed and reserved.
Subpart B--[Amended]
3. The authority for Part 1615, Subpart B, continues to read as
follows:
Authority: Sec. 5, 67 Stat. 112, as amended, 81 Stat. 570; 15
U.S.C. 1194.
Sec. 1615.31 [Removed and reserved]
4. Sections 1615.31(b)(3), (c), and (d) 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. 96-422 Filed 1-11-96; 2:00 pm]
BILLING CODE 6355-01-P