[Federal Register Volume 61, Number 175 (Monday, September 9, 1996)]
[Rules and Regulations]
[Pages 47634-47649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22697]



[[Page 47633]]


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Part III





Consumer Product Safety Commission





_______________________________________________________________________



16 CFR Parts 1615 and 1616



Flammable Fabrics Act: Children's Sleepwear (Sizes 0-6x, 7-14) 
Flammability Standards; Final Rule

  Federal Register / Vol. 61, No. 175 / Monday, September 9, 1996 / 
Rules and Regulations  

[[Page 47634]]



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: Final amendments.

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SUMMARY: The Commission issues final amendments of the flammability 
standards for children's sleepwear in sizes 0 through 6X and sizes 7 
through 14. The amendments issued below revise the definition of 
``children's sleepwear'' in the standard for sizes 0 through 6X to 
exclude from the requirements of that standard: garments sized for 
infants nine months of age or younger; and tight-fitting sleepwear 
garments. The amendments also revise the definition of ``children's 
sleepwear'' in the standard for sizes 7 through 14 to exclude tight-
fitting sleepwear garments.1 The amendments define the term 
``tight-fitting garment'' in terms of maximum dimensions at specified 
locations on garments in sizes for children older than 9 months through 
children's size 14.
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    \1\ The Commission voted 2-1 to issue these amendments of the 
children's sleepwear flammability standards, Chairman Ann Brown 
dissenting.
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    The Commission issues these amendments because it finds that the 
existing children's sleepwear standards are not limited to those 
sleepwear garments which present an unreasonable risk of burn deaths 
and injuries. The Commission concludes that the amendments will afford 
consumers a wider selection of sleepwear garments for children without 
diminishing the protection provided by the children's sleepwear 
standards.

DATES: The amendments will become effective on January 1, 1997.

FOR FURTHER INFORMATION CONTACT: Patricia Fairall, Division of 
Regulatory Management, Office of Compliance, Consumer Product Safety 
Commission, Washington, DC 20207; telephone (301) 504-0400, extension 
1369.

SUPPLEMENTARY INFORMATION:

A. Provisions of Final Amendments

    By publication of this notice of final rulemaking, the Commission 
amends the Standard for the Flammability of Children's Sleepwear: Sizes 
0 through 6X (16 CFR part 1615) and the Standard for the Flammability 
of Children's Sleepwear: Sizes 7 through 14 (16 CFR part 1616). The 
amendments issued below exempt sleepwear garments sized for children 
nine months of age and younger and ``tight-fitting'' sleepwear garments 
sized for children older than nine months to children's size 14 from 
all requirements of the children's sleepwear flammability standards. 
The term ``tight-fitting garment'' is defined by specifying maximum 
dimensions for the chest, waist, seat, upper arm, thigh, wrist, and 
ankle of the garment for each size from 9-12 months through children's 
size 14.
    The amendments issued below are similar to proposed amendments 
published in the Federal Register of October 25, 1994 (59 FR 53616). 
The final amendments differ from the proposal by:
     Increasing the size of infant garments exempted from the 
current standard for sizes 0 through 6X;
     Changing some of the maximum dimensions specified for 
tight-fitting garments in children's sizes 6X through 14; and
     Eliminating the requirement for a permanent label on 
tight-fitting sleepwear garments to advise the purchaser that those 
garments are not flame-resistant.
    The differences between the proposed and final amendment are 
discussed in detail under the heading G. Comments on the Proposed 
Amendments.
    The amendments issued below become effective on January 1, 1997. 
The Commission's finding that this effective date is in the public 
interest and the reasons for that finding are set forth under the 
heading H. Effective Date. Elsewhere in this issue of the Federal 
Register, the Commission has published a notice to continue through 
March 9, 1998 a stay of enforcement for close-fitting garments which 
are labeled and promoted as underwear.

B. Background

    The Flammable Fabrics Act (FFA) (15 U.S.C. 1191 et seq.) authorizes 
the issuance of flammability standards for products of wearing apparel 
made from fabric to protect the public from unreasonable risks of the 
occurrence of fire leading to death, injury, or significant property 
damage.
    In 1971, the Secretary of Commerce issued a flammability standard 
for children's sleepwear in sizes 0 through 6X under the authority of 
section 4 of the FFA (15 U.S.C. 1193). The standard was issued 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.
    The safety requirements of the two standards are nearly identical. 
They 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.

C. Garments Subject to the Sleepwear Standards

    Both standards define 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.'' As originally issued and as amended below, both 
standards exclude diapers and underwear from their coverage. See 16 CFR 
1615.1(a) and 1616.2(a).
    Under this definition, the coverage of the sleepwear standards is 
not limited to children's pajamas, nightgowns, and robes, but also 
includes other garments ``intended primarily for sleeping or activities 
related to sleeping.'' 16 CFR 1615.1(a), 1616.2(a) During the time that 
the standards have been in effect, the Commission staff has responded 
to a large number of inquiries from manufacturers and importers of 
children's garments about whether particular products are ``children's

[[Page 47635]]

sleepwear'' subject to the standards; or ``underwear,'' which is 
specifically excluded from the standards; or ``daywear,'' ``playwear,'' 
or other categories of non-sleepwear garments, each of which is outside 
the scope of the standards.
    To provide guidance to the children's garment industry on the scope 
of the sleepwear standards, in 1984 the Commission issued policy 
statements which discuss the factors the Commission will consider when 
determining whether a garment is intended to be worn primarily for 
sleeping or related activities.(1) 2 These policy statements are 
codified at 16 CFR 1615.64 and 1616.65. Additionally, the staff 
developed a pamphlet describing and illustrating various styles of 
sleepwear and non-sleepwear garments. This pamphlet was revised from 
time to time, most recently in 1989.(2)
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    \2\ Numbers in parentheses identify reference documents in the 
List of Relevant Documents 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 
at (301) 504-0800.
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    During the past several years, many consumers have expressed a 
desire to obtain children's garments made from 100 percent untreated 
cotton fabric for use as sleepwear. 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. The 
Commission also received information indicating that many parents were 
dressing their children in underwear, large T-shirts, or other garments 
made of 100 percent untreated cotton rather than traditional sleepwear 
manufactured to comply with the sleepwear flammability standards.
    These actions by manufacturers and consumers resulted in an 
increasing number of children sleeping in garments which did not comply 
with the children's sleepwear standards. In view of this trend, the 
Commission decided in 1991 to re-examine the scope of the children's 
sleepwear standards and to consider amending the definitions of the 
term ``children's sleepwear'' in the two standards. The Commission 
began this rulemaking proceeding in 1993.

D. Statutory Provisions

    Section 4 of the FFA (15 U.S.C. 1193) authorizes the Commission to 
issue or amend a flammability standard for a product of wearing apparel 
if the Commission finds that a new or amended standard is needed to 
protect the public against the unreasonable risk of the occurrence of 
fire leading to death, injury, or significant property damage.
    Section 4(g) of the FFA (15 U.S.C. 1193(g)) requires publication in 
the Federal Register of an advance notice of proposed rulemaking (ANPR) 
to begin a proceeding for the issuance or amendment of a flammability 
standard. 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 parties to submit an existing standard to 
the Commission for publication as the proposed standard or a statement 
of intention to develop or modify a voluntary standard to address the 
risk of injury under consideration; and solicit written comments on the 
risk of injury and regulatory alternatives 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 (15 U.S.C. 1193(i)) requires publication 
in the Federal Register of a notice of proposed rulemaking (NPR). The 
NPR must set forth the text of the proposed standard or amendment 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. Section 4(d) of 
the FFA (15 U.S. C. 1193(d)) specifies that the NPR must provide 
interested persons the opportunity to submit written comments and to 
request a public hearing for oral presentation of data and opinions 
concerning the proposal.
    To issue a final standard or amendment, section 4(j) of the FFA (15 
U.S.C. 1193(j)) 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 
regulatory alternatives. Additionally, section 4(b) of the FFA (15 
U.S.C. 1193(b)) 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 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.

E. Publication of ANPR

    The Commission began this proceeding by publication of an ANPR in 
the Federal Register of January 13, 1993 (58 FR 4111).(4) 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 by small open-flame sources.
    The ANPR also described the regulatory alternatives being 
considered by the Commission. Briefly summarized, the alternatives 
were:
    (1) Amend 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.
    (2) Issue 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 if those garments met the requirements of the clothing textiles 
flammability standard.
    The ANPR also contained information about other flammability 
standards for children's sleepwear; solicited information about 
relevant voluntary standards and statements of intention to develop or 
modify a voluntary standard; and invited interested persons to submit 
written comments on the ANPR.
    On the same date the Commission published the ANPR, the Commission 
announced that it would not enforce the children's sleepwear standards 
in cases involving garments currently being used as sleepwear if those 
garments are skin-tight or nearly skin-tight, relatively free of 
ornamentation, made from fabrics such as rib knit, interlock knit, or 
waffle knit, and labeled as ``underwear.'' 58 FR 4078(5)
    In response to the ANPR, the Commission received more than 2,100 
written comments from individuals, firms, and organizations. (More than 
a third of the comments were identical form letters with space for the

[[Page 47636]]

commenter's name.) 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), (7) Almost all of these 
comments favored modification of the standards to exempt some or all 
children's sleepwear garments from their requirements.
    In addition to the information provided by commenters, the 
Commission also considered information developed or obtained by the 
Commission staff. That information included injury data(10); 
information about flammability characteristics of various fabrics and 
garments(8), (11); and a review of children's sleepwear flammability 
standards issued by Australia, Canada, New Zealand and the United 
Kingdom.(9), (11)
    From its review of burn injury data, the Commission estimates that 
on average, about 1,150 children younger than 15 years of age were 
treated each year in hospital emergency rooms for burn injuries 
associated with clothing 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)
    On average, each year about four children younger than fifteen 
years of age died from fires associated with clothing of all types.(10)
    Available information also shows that most thermal burn injuries 
associated with sleepwear involved females, whereas most burn injuries 
associated with day wear involved males. Thermal burn injuries from 
nightwear were usually associated with nightgowns or pajamas that 
probably were not tight-fitting.(10)
    In 1978, the Commission staff reviewed information about deaths and 
injuries associated with sleepwear to children younger than one year of 
age. Ten cases involved injuries associated with sleepwear. However, 
nine of these cases involved whole-house conflagrations, and the other 
involved a home-made garment.(11) Thus, none of these cases involved 
risks of injury which the sleepwear standards were intended to address.

F. Proposed Amendments

    After consideration of comments received in response to the ANPR, 
information compiled by the staff, and information presented at an oral 
briefing by the staff, the Commission decided to propose amending the 
children's sleepwear standards.
    The Commission published a notice to propose amending the 
children's sleepwear standards by exempting infant garments and tight-
fitting garments from their requirements on October 25, 1994. (59 FR 
53616)(20)
    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.) 
Section 4 of the FFA also 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, the 
Commission concluded that if the children's sleepwear standards 
currently apply to garments which do not present an unreasonable risk 
of fire leading to death, injury, or significant property damage, the 
scope of the standards could be narrowed to remove those garments from 
the coverage of the standards.
    That notice proposed to amend the children's sleepwear flammability 
standards by exempting:
    (1) Garments intended for children six months of age and younger 
from the standard for sizes 0 through 6X; and
    (2) ``Tight-fitting'' sleepwear garments from the standard for 
sizes 0 through 6X and the standard for sizes 7 through 14.
    The proposed exemption for infant garments was stated in terms of 
maximum dimensions for the chest and length of the garment. 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 amendments also required that an exempted infant 
garment must be labeled to indicate that the garment is intended for 
use by a child six months of age or younger.
    In addition, the proposed amendments stated that garments in sizes 
for infants six months of age or younger must meet the applicable 
requirements of the flammability standards for clothing textiles and 
vinyl plastic film (16 CFR parts 1610 and 1611).
    The proposed amendments defined 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. The 
proposed amendments also required that an exempted tight-fitting 
garment must be labeled to indicate its size. The maximum dimensions 
specified by the proposed amendments for tight-fitting garments in 
sizes for children 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 proposed maximum 
dimensions for tight-fitting garments in sizes 2 through 6X were 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) Maximum dimensions specified by the proposed amendments for 
tight-fitting garments in sizes 7 through 14 were 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)
    To be eligible for the exemption from the requirements of the 
children's sleepwear standards, the proposal specified that a tight-
fitting garment be labeled to indicate its size. The proposed 
amendments also required 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.
    Finally, the proposed amendments required that sleepwear garments 
exempted from the flammability requirements as ``tight-fitting'' 
garments must comply with applicable provisions of the flammability 
standards for clothing textiles and vinyl plastic film (16 CFR parts 
1610 and 1611).
    In a separate notice also published on October 25, 1994 (59 FR 
53584), the Commission extended until further notice the stay of 
enforcement of the children's sleepwear standards published in 1993 for 
cases involving skin-tight or nearly skin-tight garments similar in 
design and manufacture to underwear, provided those garments were 
labeled and marketed as underwear. (21)

G. Comments on the Proposed Amendments

    In response to the proposal to amend the sleepwear standards, the

[[Page 47637]]

Commission received 39 written comments. Some commenters submitted more 
than one comment.(22)-(61) Commenters included individual consumers, 
students, a physician, a retired Federal employee, manufacturers and 
importers of children's sleepwear and other children's garments, an 
association of manufacturers of children's sleepwear, the American Burn 
Association, the Coalition for American Trauma Care, Fire Prevention 
Canada, the International Association of Fire Chiefs, the National 
Cotton Council of America, and the Learn Not to Burn Foundation of the 
National Fire Protection Association.
    Additionally, on April 25, 1995, members of the Commission staff 
conducted a public meeting with manufacturers and importers of 
children's sleepwear and other children's garments, consumers, and 
other interested persons to discuss the proposed amendments.(81)
    The following is a summary of the principal issues raised by the 
written comments and at the public meeting, and the Commission's 
resolution of those issues.

1. Revocation of the Standards

    A comment from one manufacturer of children's garments expresses 
the view that available injury information does not establish that any 
children's sleepwear garments present an unreasonable risk of burn 
deaths or injuries to children. This comment urges the Commission to 
revoke the standards in their entirety. (25)
    When the Department of Commerce issued the flammability standard 
for sizes 0 through 6X, it considered injury data collected by the 
National Bureau of Standards (now the National Institute of Standards 
and Technology) through the Flammable Fabrics Accident Case and Testing 
System (FFACTS). From 1967 through January 1973, FFACTS obtained 
information about 434 cases involving burn injuries associated with 
sleepwear, 101 of which involved children younger than six years of 
age. Although FFACTS incidents do not constitute a probability sample, 
they document instances in which children were injured in fires 
involving sleepwear before issuance of the standard for sizes 0 through 
6X. (70)
    Unlike FFACTS, the National Electronic Injury Surveillance System 
(NEISS) gathers information about injuries by using a probability 
sample. For that reason, NEISS data can be reliably projected into 
national estimates of injuries associated with products. From burn 
injuries to children associated with children's sleepwear during the 
years 1980 through 1994 reported by NEISS, the Commission estimates 
that during that time period, on average, about 90 children younger 
than 15 years of age were treated in hospital emergency rooms each year 
for burns associated with children's sleepwear. (70)
    The estimated number of burn injuries associated with children's 
sleepwear in the years following issuance of the sleepwear standards 
has been relatively low. This indicates that the sleepwear standards 
have been relatively successful. Therefore, the Commission does not 
believe that available injury information supports revocation of the 
children's sleepwear standards in their entirety.
    A comment from one consumer questions whether use of children's 
sleepwear manufactured from man-made fabrics to comply with the 
sleepwear standards may increase the risk of sudden-infant-death 
syndrome (SIDS). (22) The Commission has reviewed medical publications 
concerning SIDS and has found no references which implicate a specific 
type of fabric or clothing as a contributing factor to SIDS. (73)

2. Exemption for Infant Garments

    The proposed amendments contained provisions to exempt garments for 
infants six months of age and younger from the requirements of the 
sleepwear standard for sizes 0 through 6X. The proposed amendments 
limited the exemption for infant garments to those not exceeding 
specified dimensions for the chest and overall length of the garment. 
Those dimensions were selected using information about the body size of 
children approximately six months old.
    Before proposing that exemption, the Commission reviewed 
information about burn deaths and injuries to children one year of age 
and younger associated with sleepwear. That information included a 
study completed in 1978 of 66 burn injuries to children younger than 
one year old associated with clothing. In ten cases, the clothing 
involved was specifically identified as sleepwear. Nine of those cases 
involved whole-house fires; the other involved a home-made garment. The 
Commission concluded that none of these cases involved risks of injury 
which the sleepwear standard was intended to address. (11)
    The Commission also considered information about children's 
physical and mental development. That information shows that most 
children are not capable of moving themselves until they are about 
seven months old. For that reason, children six months of age and 
younger are not likely to come within range of small open-flame 
ignition sources when an adult is not present. (12)
    A comment from the Children's Sleepwear Coalition (a group of 
children's sleepwear manufacturers and suppliers) objects to the 
proposal to exempt sleepwear garments for infants six months of age and 
younger. This comment states that infants are unable to defend 
themselves from risks of burn injury, and could be exposed to ignition 
sources by adults. Such exposure could occur if adults smoke in their 
presence, or place them near a kitchen range or other open flame 
source. (30) Comments from two individual manufacturers of children's 
sleepwear object to the proposed exemption for similar reasons. (45), 
(54)
    Comments from two manufacturers of children's sleepwear, an 
importer of children's garments, and the National Cotton Council urge 
the Commission to expand the scope of the exemption to include garments 
for children one year of age and younger. (25), (28), (33), (47) In 
support of this position, the comments cite the absence of injuries 
associated with sleepwear to children younger than one year of age.
    Comments from two manufacturers and one importer of children's 
garments state that the proposed amendment to exempt infant sleepwear 
garments was not consistent with industry practices for the sizing of 
infant clothing. (23), (35), (53) Two of these comments state that the 
maximum dimensions based on body measurements of children six months of 
age would have the effect of exempting some, but not all, infant 
garments. Garments in sizes 0 to three months (or infants ``small'' 
size) and three to six months (or infants ``medium'' size) would be 
exempted by the proposal, but not garments in sizes six to nine months 
(or infants ``large'' size). These comments recommend that the 
exemption apply to garments intended for infants nine months of age and 
younger, thereby exempting all sleepwear garments in infant sizes. 
(35), (53)
    A comment from one manufacturer of children's garments observed 
that infants grow rapidly. This comment states that a garment having 
the maximum dimensions for exemption as an ``infant garment'' in the 
proposed amendment would fit a six-month-old child for only a short 
period of time. This comment states that most parents purchase 
children's garments with the expectation that their children will be 
able to wear them for a reasonable period of time. (23)

[[Page 47638]]

    At the Commission's public meeting on April 25, 1995, several 
manufacturers of children's garments stated that parents typically buy 
garments one size larger than the age of their children.(81)
    After consideration of all of these comments, the Commission 
concludes that the proposed exemption of ``infant garments'' should be 
included in the final amendments, with some modification. The amendment 
of the standard for sizes 0 through 6X issued below defines the term 
``infant garment'' as one which is ``sized for a child nine months of 
age or younger.''
    The Commission proposed to exempt garments for children six-months 
of age and younger because information about child development 
indicates that until they reach the age of seven months, most infants 
are not capable of moving by themselves.(12) Consequently, infants six 
months of age and younger are at minimal risk of exposing their 
clothing to an ignition source. And, available injury information 
reveals an absence of burn injuries associated with sleepwear to 
children younger than one year of age which might have been prevented 
or reduced by the sleepwear standard.(10), (11)
    The Commission recognizes that many parents and other adults 
purchase infant garments one or two sizes larger than the age of the 
intended wearer, due in part to the rapid rate at which infants grow. 
By revising the definition of ``infant garment'' to include garments 
sized for children nine months of age and younger, the amendment issued 
below exempts garments in sizes frequently purchased for children 
approximately six months of age and younger. Exemption of garments 
sized for infants nine months of age and younger also makes allowance 
for those infants who are slightly larger than the average six-month 
old, and assures that a garment purchased for a six-month old will fit 
the infant for a reasonable length of time. Additionally, this 
modification of the proposed amendment makes the size of exempted 
``infant garments'' more compatible with the range of sizes used by 
manufacturers of infant garments.
    The amendments issued below specify that the maximum length for a 
one-piece infant garment shall not exceed 64.8 centimeters (25.75 
inches). The maximum dimension for the length of either piece of a two-
piece infant garment is 40 centimeters (15.75 inches). These dimensions 
were selected by considering body sizes of children approximately nine 
months old set forth in ASTM standard D 4910-95 ``Standard Tables of 
Body Measurements for Infants, Sizes 0 to 24 months,'' published by 
ASTM (formerly the American Society for Testing and Materials). No 
maximum dimension is specified for the chest of an infant garment 
exempted by the final amendments because the safety of infant garments 
is not dependent on a tight fit.
    Exempted garments must comply with the flammability standards for 
clothing textiles and vinyl plastic film (16 CFR parts 1610 and 1611), 
and bear a label stating the size of the garment in terms of months of 
age. If the label is not visible when the garment is offered for sale, 
the size of the garment, in months, must appear legibly on the package.

3. Exemption for Tight-Fitting Garments

    Comments from the National Cotton Council (33), (40), (48), five 
firms which manufacture or import children's sleepwear or other 
children's garments (28), (31), (34), (35), (42), (53), and a student 
research group (29) generally support issuance of final amendments to 
exempt tight-fitting children's sleepwear garments from the 
requirements of the sleepwear flammability standards. (Some of these 
comments recommend changes to specific provisions of the proposal, 
which are discussed below.)
    Comments supporting an exemption for tight-fitting garments made 
from fabrics which are not flame-resistant state that those garments 
provide protection to children from unreasonable risks of burn injuries 
for the following reasons:
    (1) Incident data do not show burn injuries associated with tight-
fitting sleepwear;
    (2) If exposed to an ignition source, tight-fitting garments are 
not easily ignited because the body absorbs some of the heat from the 
ignition source;
    (3) If these garments are ignited, the wearer becomes aware of 
ignition almost immediately; and
    (4) If ignited, these garments burn slowly because oxygen to 
support combustion is available on only one side of the garment.
    Comments supporting issuance of final amendments for tight-fitting 
garments also observe that flammability standards for children's 
sleepwear in effect in Canada, Australia, and New Zealand exempt tight-
fitting pajamas.(33), (40), (48)
    In addition, a study cited in the proposal shows that no burn 
deaths associated with children's sleepwear have been reported in 
Canada since 1987.(33), (63)
    Comments from the Children's Sleepwear Coalition (30), (58), five 
individual manufacturers of children's sleepwear (45), (46), (54)-(56), 
(59), a student research group (27), the Learn Not to Burn Foundation 
of the National Fire Protection Association (32), (78), the 
International Association of Fire Fighters (36), Fire Prevention Canada 
(37), and the Coalition for American Trauma Care (60) assert that the 
current low rate of children's deaths associated with ignition of 
clothing is evidence that the children's sleepwear standards have been 
effective. These comments express concern that exempting tight-fitting 
sleepwear garments and thereby allowing them to be made from fabrics 
which are not flame-retardant will expose children to an increased risk 
of burn deaths and injuries.
    Before proposing the amendments, the Commission considered 
available data which show a measurable reduction in burn deaths 
associated with all types of clothing, including children's sleepwear, 
during the past 20 years. (10), (11). Additionally, information about 
burn injuries associated with all types of children's clothing from 
1980 through 1994 shows that children's sleepwear has been associated 
with a relatively small proportion of those injuries. From its 
evaluation of this injury information, the Commission concludes that 
the children's sleepwear standards have contributed to the relatively 
low level of reported burn injuries associated with sleepwear. However, 
existing injury information does not support the assertion that 
amendment of the standards to exempt tight-fitting garments made from 
fabrics which do not pass the flammability test in the children's 
sleepwear standards will expose children to a greater risk of burn 
injuries.
    Flammability standards for children's sleepwear issued by Canada 
and three other countries exempt tight-fitting garments. In 1993, the 
government of Canada advised the Commission that a proposed five-year 
study of burn injuries to assess the effectiveness of the Canadian 
sleepwear standard was discontinued before the end of the five-year 
period because of a lack of reported burn cases.(63)
    When the Commission began this proceeding in 1993, it also 
announced that it would not enforce the children's sleepwear standards 
in cases involving garments which are skin-tight or nearly skin-tight 
and are similar in fabric and design to underwear.(5) That stay was 
continued at the time the Commission published the proposed amendments 
of the standards.(21) The garments covered by the stay of enforcement 
have somewhat larger dimensions than the ``tight-fitting'' garments 
defined in the proposed amendments.

[[Page 47639]]

    On the basis of injuries reported to the National Electronic Injury 
Surveillance System (NEISS), the Commission estimates that about 2,520 
children were treated in hospital emergency rooms for burn injuries 
associated with clothing during the years 1993 and 1994. During the 
years 1991 and 1992, the Commission estimates that approximately 2,760 
children were treated in hospital emergency rooms for burn injuries 
associated with clothing.(62) Thus, burn injuries associated with the 
general category of children's clothing have not increased since the 
Commission issued the stay of enforcement.
    During the years 1993 and 1994, the Commission received no reports 
of any burn injury to a child younger than 15 years of age associated 
with a garment which was identified as one covered by the stay of 
enforcement. (62)
    Additionally, a Canadian study of 174 burn injuries cases 
associated with clothing involving children nine years of age or 
younger found that closeness of fit and the presence or absence of an 
adult at the time of injury were significantly associated with the 
severity of the burn injury. Fiber content was not included as a 
variable in this study. Burns tended to be more severe in cases 
associated with loose-fitting clothing and the absence of an adult.(11)
    Accordingly, the Commission concludes that amending the standards 
to exempt tight-fitting sleepwear garments made from fabrics which are 
not flame-resistant will not create an unreasonable risk of burn 
injuries to children.(8), (10), (11), (62), (65)

4. Definition of ``Tight-Fitting Garment''

    The proposed amendments defined the term ``tight-fitting garment'' 
as one which did not exceed specified dimensions in the chest, seat, 
upper arm, thigh, wrist, and ankle for each size ranging from 6-to-9 
months through children's size 14.
    A comment from one manufacturer of children's garments observes 
that the maximum dimensions specified for size 6 in the proposal were 
larger than the maximum dimensions specified for size 7.(28) The 
Commission agrees that the maximum dimensions for size 7 should be 
larger than the maximum dimensions for size 6. In the amendments issued 
below, maximum dimensions increase continuously from the smallest to 
the largest sizes of garments.
    Other comments express the view that the maximum dimensions 
specified in the proposal for all sizes are too small. One manufacturer 
states that the amendments should exempt garments which fit 
``reasonably close to the body,'' such as children's polo pajamas, 
rather than define the exempted garments by maximum dimensions intended 
to result in a ``skin-tight'' fit.(25) An importer suggests that the 
maximum dimensions specified for chest, seat, and thigh in all sizes 
should be increased by one or two inches.(35)
    Before proposing amendments to exempt tight-fitting garments, the 
Commission reviewed technical literature indicating that tight-fitting 
garments are less likely to contact an ignition source, and if ignited 
to burn less rapidly, than loose-fitting clothing.(8) The Commission 
also considered burn injury data indicating that injuries associated 
with close-fitting garments are generally less severe than those 
associated with loose-fitting garments.(11)
    Research on the flammability of wearing apparel indicates that fit 
and fiber are both important factors affecting a garment's 
flammability. The existing provisions of the children's sleepwear 
standards address the risk of burn injury by specifying a test for 
flame-resistance. Garments made from fabrics which pass the 
flammability test of the children's sleepwear standards do not present 
an unreasonable risk of injury, regardless of their fit. Similarly, 
tight-fitting garments exempted by the amendments issued below do not 
present an unreasonable risk of burn injury, even if they are made from 
fabrics which do not pass the flammability test of the children's 
sleepwear standards.
    Section 4(b) of the FFA requires that an amendment of a 
flammability standard must be ``stated in objective terms.'' The term 
``tight-fitting garment'' in the amendments issued below is defined by 
maximum dimensions at specified locations on the garment for each size. 
Although these dimensions include adjustments to provide a continuous 
increase in dimensions from the smallest to largest sizes, the 
dimensions and points of measurement are substantially similar to those 
in the notice of proposed rulemaking.
    The final amendments also include language in the definition of 
``tight-fitting garment'' to assure that the garment will conform 
closely to the contour of the body. Provisions of Secs. 1615.1(o)(3) 
through (7) and 1616.2(m)(3) through (7) require that the torso of such 
garments must fit closely from chest to waist and from waist to seat; 
that the sleeves must taper from upper arm to wrist; and that the legs 
must taper from thigh to ankle.
    Comments from three manufacturers of children's garments recommend 
adjustment of the maximum dimensions to allow for fabric shrinkage 
after laundering.(25), (28), (31) One of these comments states that if 
the maximum dimensions do not include an allowance for shrinkage, 
manufacturers may be required to wash garments before offering them for 
sale or to use other means to control shrinkage. This comment states 
that those measures would be ``expensive,'' but does not provide 
quantitative information about the extent of the additional costs.(28) 
At the public meeting on April 25, 1995, one importer recommended that 
the Commission allow an additional 10 per cent to the maximum 
dimensions for shrinkage.(81)
    The maximum dimensions for ``tight-fitting garments'' in the 
amendments issued below have not been increased to allow for shrinkage 
after laundering or to provide a margin of tolerance for manufacturing 
variation. Garment shrinkage depends on the type of fiber or fiber-
blend, method of construction, and finishing process used in the 
production of the fabric, and the laundering conditions to which the 
garment is exposed after wearing. Increasing the maximum dimensions to 
allow for shrinkage could reduce the likelihood that garments will be 
tight-fitting when worn by children.(72)
    Garments made from knit fabrics have the ability to stretch and 
adapt to the shape of the body. For this reason, they are suitable, 
although not necessarily required, for production of ``tight-fitting 
garments'' exempted from the children's sleepwear standards by the 
amendments issued below.(72) Additionally, as indicated by one comment, 
various means are available to manufacturers to control shrinkage, 
although they may result in higher production costs.(28)

5. Labeling

    The proposed amendments included in the definition of ``tight-
fitting garment'' a requirement that when displayed for sale to 
consumers, the garment must be clearly and conspicuously labeled with 
the 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.''
    Comments from a manufacturer and an importer of children's garments 
stated that the proposed labeling statement was too lengthy.(25), (35) 
At the Commission's public meeting on April 25, 1995, manufacturers 
also expressed the view that the proposed labeling statement was too 
negative.(81)
    A comment from the National Cotton Council states that children's 
garments currently bear labels stating size, information about the 
manufacturer,

[[Page 47640]]

fiber content, country of origin, and care instructions. This comment 
states that the addition of the language specified by the proposed 
amendments would require an unsuitably large label for tight-fitting 
sleepwear garments.(33)
    The same comment suggests that an educational effort to provide 
safety information to consumers about tight-fitting sleepwear by use of 
hang tags on garments and signs at retail stores would be a less 
expensive way to convey safety information about tight-fitting 
sleepwear garments to consumers. At the public meeting in April 1995 
and in a subsequent written comment, the National Cotton Council stated 
that it would work cooperatively with the Commission to develop an 
information and education campaign to inform consumers that garment 
design is an important factor in burn injuries associated with 
children's sleepwear, and that snug-fitting sleepwear that fits close 
to the body is a safer choice than loose-fitting garments.(48), (81) 
Individual manufacturers of children's garments have also indicated 
their willingness to participate in such an effort.
    The amendments issued below do not include the proposed labeling 
statement for tight-fitting sleepwear garments exempted from the 
flammability requirements of the children's sleepwear standards. The 
Commission concludes that a well-designed and broadly disseminated 
information and education campaign, developed with guidance from the 
Commission, will be a better means to inform consumers about 
appropriate selection and use of the tight-fitting garments exempted 
from the sleepwear standards by the amendments issued below. Such a 
campaign can help consumers understand why sleepwear garments which are 
not flame-resistant are being offered for sale and the importance of a 
tight fit for those garments; that other children's sleepwear garments 
which are not tight-fitting but are manufactured to comply with the 
sleepwear standards remain available for purchase; and that loose-
fitting garments which are not flame-resistant (such as those made from 
untreated cotton and cotton blends) should not be used for children's 
sleepwear.
    The Commission expects that point-of-sale materials directed to 
consumers, including hang-tags on garments, labeling statements on 
packaging, and store signs, will be an important component of the 
sleepwear industry's information and education effort. The Commission 
also expects that another part of this effort will be directed at 
retailers to emphasize the necessity for separation of children's 
nonsleepwear garments such as underwear, daywear, and playwear from 
sleepwear garments manufactured to comply with the standards and tight-
fitting sleepwear garments exempted from those standards by the 
amendments issued below. Separation of non-sleepwear garments from 
children's sleepwear is necessary to assure that consumers will not 
inadvertently purchase a loose-fitting, non-sleepwear garment which is 
not flame-resistant when shopping for children's sleepwear.

H. Effective Date

    Section 4(b) of the FFA (15 U.S.C. 1293(b)) provides that an 
amendment of a flammability standard shall become effective twelve 
months after publication of the notice of final rulemaking unless the 
Commission makes a finding for good cause that an earlier or later 
effective date is in the public interest and publishes the reasons for 
that finding.
    On May 23, 1996, members of the Commission staff met with 
representatives of manufacturers, importers, and retailers of 
children's garments, the National Cotton Council, and other interested 
parties to discuss technical issues related to the Commission's 
decision to amend the children's sleepwear standards. At this meeting, 
representatives of the National Cotton Council and some manufacturers 
claimed that the amendments should become effective upon publication. 
They observed that the amendments do not impose any additional 
requirements on firms, but instead exempt certain garments from the 
requirements of the children's sleepwear standards that do not present 
an unreasonable risk of burn injury. These proponents of an immediate 
effective date asserted that many firms are able to begin marketing the 
newly exempted sleepwear garments within a short time after issuance of 
the final amendments.
    Representatives of several importers claimed that their businesses 
would need several months or more after publication of the final 
amendments to draft specifications, place orders, and receive 
merchandise from overseas suppliers. Similarly, representatives of some 
domestic manufacturers stated that they would need time to devise 
specifications for fabrics, place orders with fabric suppliers, and 
receive fabrics to be used in production of the sleepwear garments that 
will be exempted from the requirements of the sleepwear standards.
    After considering all information concerning an appropriate 
effective date, the Commission concludes that the amendments issued 
below shall become effective on January 1, 1997. The Commission finds 
for good cause that a short delay in the effective date, less than the 
one year specified by the FFA, is in the public interest because it 
balances the need of some firms for a period of transition in which to 
make those adjustments necessary to market the sleepwear garments 
exempted by the amendments with the interest of other firms in 
marketing those products as soon as possible.
    The Commission is aware that many of the firms favoring a delayed 
effective date are producers or importers of children's sleepwear 
manufactured to comply with the sleepwear flammability standards. The 
Commission recognizes the important role which complying sleepwear 
plays in preventing burn injuries. The regulations governing the 
flammability of material used to make children's sleepwear garments 
other than garments covered by these amendments will continue to apply 
to garments such as robes and nightgowns. However, a delay in the 
effective date of the amendments issued below beyond January 1, 1997, 
postpones the availability of tight-fitting cotton and cotton-blend 
sleepwear garments, and prolongs the period during which consumers 
seeking untreated cotton sleepwear for their children may purchase 
alternative garments which pose greater flammability risks. For these 
reasons, the Commission concludes that an effective date of January 1, 
1997, is appropriate to: (1) Provide a transition period for 
manufacturers and importers of complying sleepwear garments who wish to 
sell garments permitted by these amendments; and (2) allow all 
companies to take advantage of the amendments within a reasonable 
period of time.
    The Commission has also extended the stay of enforcement of the 
sleepwear standards for 18 months for close-fitting garments labeled 
and promoted as underwear. The Commission has taken this action to 
minimize costs to manufacturers, distributors, and retailers of 
children's sleepwear and other garments which may result from 
adjustments of inventories of both sleepwear and non-sleepwear garments 
which are subject to the stay of enforcement.(67)

I. Final Regulatory Analysis and Required Findings

    Section 4(j) of the FFA (15 U.S.C. 1193(j)) requires that a notice 
of final rulemaking must include a final regulatory analysis 
containing:

[[Page 47641]]

     A discussion of potential benefits and costs of the final 
rule, including those which cannot be quantified, and an identification 
of those persons likely to receive its benefits and bear its costs;
     A description of any alternatives to the final rule which 
were considered by the Commission together with a summary description 
of their potential benefits and costs and a brief explanation of why 
these alternatives were not chosen; and
     A summary of significant issues raised by comments on the 
preliminary analysis, and the Commission's assessment of those issues.
     Additionally, section 4(j) requires that the final rule 
must include the Commission's findings that:
     The benefits expected from the rule bear a reasonable 
relationship to its costs;
     It imposes the least burdensome requirement which prevents 
or adequately reduces the risk of injury for which it is promulgated.

1. Potential Benefits of the Amendments

    The amendments issued below will provide consumers a wider choice 
of children's sleepwear. Specifically, the amendments will allow 
garments intended for children younger than nine months of age and 
tight-fitting garments in sizes as large as children's size 14 to be 
made from untreated cotton and cotton blends, which may not currently 
be used in the production of children's sleepwear. Although a dollar 
value cannot be placed on this benefit, the Commission is aware that 
large numbers of consumers have expressed a desire for children's 
sleepwear made from cotton rather than the man-made fibers used to 
produce most sleepwear garments manufactured to comply with the 
children's sleepwear flammability standards.(6), (29), (34), (42), 
(66), (67)
    The amendments will permit consumers to dress their children for 
sleeping in the tight-fitting sleepwear garments exempted from the 
requirements of the standards instead of loose-fitting underwear, 
playwear, or daywear garments. This, in turn, could reduce the risks of 
burn injuries and deaths to children because tight-fitting sleepwear 
garments present a lower fire risk to children than loose garments 
which are not flame-resistant and do not comply with the children's 
sleepwear standards. The extent to which such a substitution will occur 
is not known, and therefore any resulting benefit is not 
quantifiable.(67)
    Manufacturers who elect to produce the garments in infant sizes and 
tight-fitting garments exempted from the children's sleepwear standards 
will benefit from a wider choice of fabrics and the elimination of 
requirements for sampling, testing, and recordkeeping under the 
sleepwear standards. The Commission is not able to predict the extent 
to which manufacturers will elect to produce sleepwear garments 
exempted by the amendments issued below. For that reason, the benefits 
to manufacturers from increased choice of fabric and elimination of 
sampling, testing, and recordkeeping costs cannot be quantified.(67)

2. Potential Costs of the Amendments

    Potential costs of the amendments include those related to 
temporary disruptions in the production process as manufacturers make 
changes needed to produce garments exempted by the amendments. 
According to industry sources, those changes could include 
recalibration of cutting and sewing machines. Some costs may be 
associated with modification of packaging, but they are expected to be 
negligible. To minimize disruptions in the production process, the 
Commission has extended a stay of enforcement for close-fitting 
garments labeled and promoted for sale as underwear for 18 months to 
allow manufacturers, distributors, and retailers to dispose of existing 
inventories of those garments.(67)
    Because the Commission cannot predict the extent to which 
manufacturers will elect to produce the sleepwear garments exempted 
from the requirements of the children's sleepwear standards, the 
Commission is unable to quantify the costs to manufacturers which may 
result.(67) However, the amendments do not require manufacturers to 
produce the exempted garments. Consequently, the Commission anticipates 
that only those firms which find it profitable to produce the exempted 
garments will incur the costs required to begin making them.
    The amendments issued below permit the manufacture of certain 
children's sleepwear garments which will not pass the flammability test 
in the children's sleepwear standards. Consequently, the potential 
costs of the amendments include the possibility of increased societal 
costs resulting from any burn injuries which may be associated with the 
exempted garments.(67) However, during the three-year period in which 
the stay of enforcement for close-fitting garments has been in effect, 
the Commission has received no reports of burn injuries associated with 
ignition of those garments.(62) Additionally, Canada's experience with 
sleepwear standards which contain provisions similar to those in the 
amendments issued below indicates the risk of increased burn injuries 
is extremely low.(63) And if consumers dress their children for 
sleeping in the tight-fitting garments exempted by the amendments 
instead of loose-fitting T-shirts and other loose-fitting garments 
which are not flame-resistant and do not comply with the children's 
sleepwear standards, risks of burn injuries to children are expected to 
decrease.(67)

3. Alternatives to the Amendments

    a. Make no change to the standards. The existing children's 
sleepwear flammability standards have contributed to the relatively low 
level of burn injuries to children associated with clothing.(10) 
Additionally, information is available to demonstrate that a number of 
burn injuries to children younger than six years of age were associated 
with sleepwear before the flammability standard for sizes 0 through 6X 
became effective.(70) If the Commission made no change to the 
standards, the level of protection against risks of burn injuries to 
children associated with children's sleepwear would not be altered.
    However, if the Commission does not amend the standards, consumers 
will be unable to purchase children's sleepwear garments made from 
untreated cotton and cotton blends. Some consumers have expressed a 
strong desire to purchase such garments for their children to wear 
while sleeping.(6), (29), (34), (42), (66), (67) In addition, if the 
Commission does not make changes to the standards, problems related to 
their enforcement in cases where garments resemble children's sleepwear 
but are marketed and sold as underwear or playwear are expected to 
continue.(68) This has been a problem in the past which the changes to 
the standard are expected to alleviate. And, to satisfy their desire 
for cotton sleepwear for their children, more people may turn to 
looser-fitting substitutes which are not flame-resistant and present a 
greater risk of burn injury.
    b. Continue the stay of enforcement without amending the standards. 
On January 13, 1993, the Commission announced that it would not enforce 
the children's sleepwear standards in cases involving close fitting 
garments which are similar in design and construction to underwear, 
relatively free of ornamentation, and are labeled and marketed as 
underwear. The Commission continued this stay of enforcement when it 
published the notice of proposed rulemaking on October 25, 1994. During 
the period that this stay of enforcement has been in effect, the 
Commission has not observed any burn injuries to children associated

[[Page 47642]]

with the garments covered by the stay of enforcement.(62)
    However, the tight-fitting garments exempted by the amendments 
issued below fit more closely than the garments subject to the stay of 
enforcement. Additionally, those tight-fitting garments can be marketed 
as children's sleepwear. Consequently, the Commission anticipates the 
exempted tight-fitting garments would provide better protection against 
risks of burn injuries than the garments covered by the stay of 
enforcement.(67)

4. Issues Raised by Comments on the Preliminary Regulatory Analysis

    a. Potential benefits. A comment from a manufacturer of children's 
garments asserts that issuance of final amendments to exempt garments 
in infant sizes and close-fitting garments from the children's 
sleepwear standards may result in a decrease, rather than an increase 
in consumers' choice of sleepwear garments. This comment states that 
retailers devote a limited amount of shelf space to children's 
sleepwear. If consumers demonstrate a significant preference for cotton 
sleepwear garments exempted from the requirements of the standards, 
this comment claims that retailers will stock fewer garments 
manufactured to comply with the sleepwear standards, and may eventually 
stop selling those garments.(59)
    As stated above, in 1993 the Commission published a stay of 
enforcement of the sleepwear standards in cases involving skin-tight or 
nearly skin-tight garments which are similar in design to the tight-
fitting garments exempted by the amendments issued below. Available 
marketing data shows that during 1992, the last year before the stay, 
sales of traditional children's sleepwear manufactured to comply with 
the flammability standards were approximately 123.6 million units. 
During 1994, the second year of the stay of enforcement, sales of 
traditional children's sleepwear were 123.5 million units.(66)
    The Commission concludes that available information about sales of 
children's sleepwear does not support the assertion that the amendments 
issued below will result in reduced choice to consumers. Additionally, 
many parents and children may prefer the comfort of looser-fitting 
garments made from flame-resistant fabrics over the tight-fitting 
garments made from cotton or cotton blends. Certain styles of 
sleepwear, such as nightgowns, robes, and traditional pajamas will 
still be required to be made from fabrics which pass the tests of the 
sleepwear standards. The Commission does not expect consumers to cease 
purchasing these styles of sleepwear.
    b. Potential costs. A comment from the American Burn Association 
states that the Commission's preliminary regulatory analysis 
underestimated the number of burn injuries which may result from the 
proposed amendments and consequently the costs to society for treatment 
of those injuries. This comment observes that in the notice proposing 
the amendments, the Commission estimated that each year about 1,150 
children were treated in hospital emergency rooms for burn injuries 
associated with clothing of all types. The comment asserts that the 
true number of emergency room visits may be as high as 4,000 a year, 
citing a study published in the May-June 1995 issue of the Journal of 
Burn Care and Rehabilitation.(38)
    The Commission observes that the study cited by this comment 
reviewed cases involving children referred to burn centers for burn 
injuries of all types, and was not limited to burns associated with 
ignition of clothing or sleepwear. Accordingly, the estimates of 
children's burn injuries treated in emergency rooms made in this 
comment are not comparable to those made by the Commission in the 
notice of proposed rulemaking.(10) Additionally, the study cited in 
this comment does not contain any information from which to predict the 
likely effect of the proposed amendments on the number of children's 
burn injuries associated with sleepwear.
    A comment from The Learn Not to Burn Foundation of the National 
Fire Protection Association asserts that increased burn injuries to 
children are likely to result if the Commission issues final amendments 
of the children's sleepwear standards.(32) That comment sets forth the 
following rationale: At present, children's cotton garments suitable 
for use as sleepwear are ``sufficiently expensive'' that they are 
purchased primarily by consumers with higher incomes. Higher-income 
consumers are more likely to have behaviors that offset the increased 
risk of burn injury presented by sleepwear garments which do not comply 
with the flammability standards. The proposed amendments will reduce 
the cost of the exempted sleepwear garments, thereby making them 
available to lower-income consumers. According to this comment, ``low 
income correlates negatively with all measures of fire risk.''
    However, recent marketing and injury information does not support 
the expectations expressed in this comment. As noted in the response to 
an earlier comment, since the stay of enforcement of the children's 
sleepwear standards was issued in 1993, sales of traditional sleepwear 
manufactured to comply with the standards has remained relatively 
constant. During the same period of time, sales of children's underwear 
garments increased from 476 million units in 1992 to 502.4 million 
units in 1994. One trade publication attributes this gain in sales of 
children's underwear to the use of some of these garments for 
sleeping.(66) Underwear and playwear garments subject to the stay of 
enforcement are sold by high-volume retailers and discounters at lower 
prices than sleepwear which complies with the children's sleepwear 
flammability standards.(87) Consequently, these garments have been 
available to both higher- and lower-income consumers. Again, during the 
time the stay has been in effect, the Commission has received no 
reports of burn injuries associated with the garments identified as 
subject to the stay.(62)
    c. Regulatory alternatives. A comment from a retired Federal 
employee states that as an alternative to the exemption of infant 
garments from the standards, the Commission should consider elimination 
of requirements for testing seam and trim, but continue to require the 
fabric used in those garments to meet the flammability requirements of 
the standard for sizes 0 through 6X. The comment states that such a 
change would have a negligible effect on safety.(26)
    The suggestion in this comment would relieve manufacturers of 
garments in infant sizes from some, but not all, of the requirements of 
the standard for sizes 0 through 6X. However, if fabric used in those 
garments remained subject to the flammability requirements of that 
standard, untreated cotton and cotton blends could not be used.
    As noted above, one of the principal benefits of the amendments 
issued below is to provide consumers with a greater choice of sleepwear 
garments by permitting the use of those fabrics for production of 
certain types of children's sleepwear. The Commission concludes that 
the alternative suggested by this comment would significantly reduce 
the potential benefits of the amendments issued below, without a 
corresponding reduction in their potential costs.(10)
    For these reasons, the Commission affirms the conclusion of its 
preliminary and final regulatory analysis that the amendments are not 
likely to increase societal costs resulting from burn injuries to 
children associated with sleepwear.

[[Page 47643]]

5. Findings

    After considering all information concerning benefits and costs of 
the amendments, including comments on the preliminary regulatory 
analysis, the Commission finds the benefits of the amendments issued 
below bear a reasonable relationship to their costs. Although these 
benefits are not quantifiable, they include increased choice to 
consumers in children's sleepwear garments. To the extent that 
consumers choose the tight-fitting sleepwear garments permitted by the 
amendments rather than loose-fitting garments which are not flame-
resistant, risks of burn injuries to children may be reduced.
    The costs of the amendments include some disruption to the 
children's sleepwear industry, and the possibility of increased 
societal costs of treating burn injuries associated with the garments 
exempted by the amendments. By establishing an effective date of 
January 1, 1997, and extending the stay of enforcement for certain 
close-fitting children's underwear and playwear, the Commission has 
minimized costs associated with disruption of the children's sleepwear 
industry. For the reasons set forth in the discussion of potential 
costs of the amendments and comments on the preliminary regulatory 
analysis, the Commission concludes that the potential costs of the 
amendment, although unquantifiable, are minimal.
    The Commission also finds that the amendments issued below impose 
the least burdensome requirements which adequately reduce the risks of 
burn injuries to children associated with sleepwear. The Commission has 
considered the possibilities of withdrawing the proposed amendment, 
with or without extending the stay of enforcement for certain close-
fitting children's underwear and playwear. For the reasons set forth 
above in the discussion of regulatory alternatives, the Commission 
finds that none of the alternatives considered will provide the 
increased choice to consumers at as low a level of risk as the 
amendments issued below.

J. Other Statutory Findings

    Section 4(b) of the FFA (15 U.S.C. 1193(b)) states that each 
flammability standard or amendment shall be based on findings that the 
standard or amendment is: Reasonably needed to protect the public 
against an unreasonable risk of the occurrence of fire leading to death 
or personal injury, or significant property damage; reasonable, 
technologically appropriate, and practicable; and limited to those 
fabrics, related materials, or products of wearing apparel or interior 
furnishing which have been determined to present an unreasonable risk 
of fire leading to death, personal injury, or significant property 
damage.
    After considering all of the information received during this 
rulemaking proceeding, the Commission finds that to the extent that the 
Standard for the Flammability of Children's Sleepwear: Sizes 0 Through 
6X (16 CFR part 1615) and the Standard for the Flammability of 
Children's Sleepwear: Sizes 7 Through 14 (16 CFR part 1616) are 
applicable to garments intended for children nine months of age or 
younger or to the tight-fitting garments described in the amendments 
issued below, those standards are not: (i) Reasonably necessary to 
protect the public from risks of fire leading to death, personal 
injury, or significant property damage; or (ii) limited to the garments 
which present that unreasonable risk. After considering the same 
information, the Commission also finds that the amendments issued below 
are reasonable, technologically practicable, and appropriate.

K. Future Activities

    The Commission will continue to monitor closely and thoroughly 
information from all available sources concerning burn injuries to 
children from sleepwear and other garments. If at any time, the 
Commission detects an increase in burn deaths or injuries to children 
associated with any of the garments exempted by these amendments, it 
will take any appropriate action, including initiation of rulemaking to 
broaden the scope of the children's sleepwear flammability standards.
    The Commission will also monitor the information and education 
campaign undertaken by manufacturers of children's sleepwear and other 
garments to assure that it accurately and effectively informs consumers 
about the children's sleepwear flammability standards, garments 
manufactured to comply with those standards, and the garments exempted 
from those standards by the amendments issued below.

L. Stay of Enforcement

    The stay of enforcement which was issued on January 13, 1993, and 
continued on October 25, 1994, will end on March 9, 1998. A separate 
notice published elsewhere in this issue of the Federal Register 
provides additional details about the stay of enforcement and its 
termination date.

M. 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 issued below will not have a 
significant economic impact on a substantial number of small entities, 
including small businesses.
    At this time, about 65 firms manufacture or import traditional 
children's sleepwear garments, i.e., nightgowns, pajamas, and 
robes.(66). The number of firms in the children's sleepwear industry 
has not changed substantially in the past several years.(15) About 45 
of these firms have fewer than 500 employees and are considered to be 
small businesses.(83) None of the firms which are small businesses 
market children's sleepwear exclusively. In addition to traditional 
children's sleepwear, these firms also manufacture or import other 
types of garments such as infantwear, children's underwear and 
playwear, and in some cases, adult underwear and lingerie.(83)
    For many years, the market for traditional children's sleepwear has 
been relatively small but constant. In 1970, the year before 
promulgation of the first children's sleepwear standard, sales of all 
new children's sleepwear garments amounted to about 1.4 garments per 
child younger than 14 years of age.(83) From 1992 through 1994, sales 
volume has been about 124 million units, about two garments per child 
each year.(84) This sales information reflects a strong preference for 
traditional sleepwear by some consumers.
    However, if one assumes that most children use several garments 
each year for sleeping, a logical inference is that children are using 
many garments other than traditional nightgowns and pajamas for 
sleeping.
    The amendments issued below exempt sleepwear garments sized for 
children nine months of age and younger and certain tight-fitting 
sleepwear garments from the requirements of the children's sleepwear 
standards. The tight-fitting sleepwear garments exempted by the 
amendments are similar in fit and appearance to long underwear.
    A decision to produce or import the exempted garments would entail 
minimal costs for any current manufacturer or importer of children's 
sleepwear, regardless of size, for several reasons. First, these firms 
have an existing customer base for the sleepwear and other garments 
which they currently distribute. Second, in the children's sleepwear 
industry, design

[[Page 47644]]

and fabric choices are under continuous reassessment; consumer demand 
and production costs are important considerations when deciding on the 
design and fabric to be used. Usually, only minor capital costs are 
involved in making changes to design or material used to produce these 
garments.(83)
    Firms which decide to produce or import garments exempted from the 
sleepwear standards by the amendments issued below will be able to use 
untreated fabrics made from cotton and cotton blends which cannot pass 
the flammability test of the standards. Additionally, they will avoid 
costs of testing and recordkeeping imposed by the standards.
    However, no firm is required to produce or import exempted 
garments. Firms which decide that demand for the garments exempted by 
the amendments does not justify the costs of producing or importing 
them will not be required to make any changes to their current 
practices.(67)
    For these reasons, the Commission concludes that the final 
amendments will not likely have a significant economic impact on a 
substantial number of small entities, including small businesses.(83)

N. Environmental Considerations

    The amendments issued below 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. The amendments are not 
expected to have a significant effect on production processes or on the 
types or amounts of materials used for construction or packaging of 
children's sleepwear. The amendments will not render existing 
inventories unsalable, or require destruction of existing goods. The 
Commission has no information indicating any special circumstances in 
which these amendments may affect the human environment. For that 
reason, neither an environmental assessment nor an environmental impact 
statement is required.(67)

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 amends 
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.
    2. In Sec. 1615.1, Paragraphs (c) through (m) are redesignated 
paragraphs (d) through (n), respectively.
    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.

    (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 section 1615.1(c), below; 
and
    (3) ``Tight-fitting garments,'' as defined by section 1615.1(o), 
below.
* * * * *
    (c) Infant garment means a garment which:
    (1) Is sized for a child nine months of age or younger;
    (2) If a one-piece garment, does not exceed 64.8 centimeters (25.75 
inches) in length; if a two-piece garment, has no piece exceeding 40 
centimeters (15.75 inches) in length;
    (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 the size of the garment, expressed in 
terms of months of age. For example, ``0 to 3 mos.'' or ``9 mos.'' If 
the label is not visible to the consumer when the garment is offered 
for sale at retail, the same information 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  
----------------------------------------------------------------------------------------------------------------
                                                  Size 9-12 mos                                                 
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Maximum dimension:                                                                                              
    Centimeters....................       48.3       48.3       48.3       14.3       26.7       10.5         13
    (inches).......................       (19)       (19)       (19)   (5\5/8\)  (10\1/2\)   (4\1/8\)   (5\1/8\)
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                 Size 12-18 mos                                                 
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Maximum dimension:                                                                                              
    Centimeters....................       49.5       49.5       50.8       14.9       28.3       10.5       13.1
    (inches).......................  (19\1/2\)  (19\1/2\)       (20)   (5\7/8\)  (11\1/8\)   (4\1/8\)   (5\1/8\)
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                  Size 18-24 mos                                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Maximum dimension:                                                                                              
    Centimeters....................       52.1       50.8       53.3       15.6       29.5         11       13.6
    (inches).......................  (20\1/2\)       (20)       (21)   (6\1/8\)  (11\5/8\)   (4\1/4\)   (5\3/8\)
                                                                                                                
----------------------------------------------------------------------------------------------------------------

[[Page 47645]]

                                                                                                                
                                                     Size 2                                                     
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Maximum dimension:                                                                                              
    Centimeters....................       52.1       50.8       53.3       15.6       29.8       11.4         14
    (inches).......................  (20\1/2\)       (20)       (21)   (6\1/8\)  (11\3/4\)   (4\1/2\)   (5\1/2\)
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                     Size 3                                                     
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Maximum dimension:                                                                                              
    Centimeters....................       53.3       52.1         56       16.2       31.4       11.7       14.9
    (inches).......................       (21)  (20\1/2\)       (22)   (6\3/8\)  (12\3/8\)   (4\5/8\)   (5\7/8\)
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                     Size 4                                                     
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Maximum dimension:                                                                                              
    Centimeters....................         56       53.3       58.4       16.8       33.0       12.1       15.9
    (inches).......................       (22)       (21)       (23)   (6\5/8\)       (13)   (4\3/4\)   (6\1/4\)
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                     Size 5                                                     
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Maximum dimension:                                                                                              
    Centimeters....................       58.4       54.6       61.0       17.5       34.6       12.4       16.8
    (inches).......................       (23)  (21\1/2\)       (24)   (6\7/8\)  (13\5/8\)   (4\7/8\)   (6\5/8\)
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                     Size 6                                                     
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Maximum dimension:                                                                                              
    Centimeters....................       61.0       55.9       63.5       18.1       36.2       12.7       17.8
    (inches).......................       (24)       (22)       (25)   (7\1/8\)  (14\1/4\)        (5)        (7)
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                     Size 6X                                                    
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Maximum dimension:                                                                                              
    Centimeters....................       62.9       57.2       65.4       18.7       37.8       13.0       18.7
    (inches).......................  (24\3/4\)  (22\1/2\)  (25\3/4\)   (7\3/8\)  (14\7/8\)   (5\1/8\)  (7\3/8\) 
----------------------------------------------------------------------------------------------------------------
Note: Maximum dimensions are calculated by placing the garment on a horizontal, flat surface with the outer     
  surface of the garment exposed, measuring the distances between the points specified below; and multiplying   
  that value by two:                                                                                            
Chest--measure distance from arm pit to arm pit.                                                                
Waist--on one-piece garment, measure at the narrowest location between arm pits and crotch. On two-piece        
  garment, measure width at the bottom of the upper piece, and the top of the lower piece.                      
Seat--on one-piece garment, measure at widest location between waist and crotch. On two-piece garment, take this
  measurement on lower piece only.                                                                              
Upper arm--measure at a line perpendicular to the sleeve. Extending from the outer edge of the sleeve to the arm
  pit.                                                                                                          
Thigh--measure at a line perpendicular to the leg extending from the outer edge of the leg to the crotch.       
Wrist--measure the width of the end of the sleeve, if intended to extend to the wrist.                          
Ankle--measure the width of the end of the leg, if intended to extend to the ankle.                             

    (2) Has no item of fabric, ornamentation or trim, such as lace, 
appliques, or ribbon, which extends more than 6 millimeters (\1/4\ 
inch) from the point of attachment to the outer surface of the garment;
    (3) Has sleeves which do not exceed the maximum dimension for the 
upper arm at any point between the upper arm and the wrist, and which 
diminish in width gradually from the upper arm to the wrist;
    (4) Has legs which do not exceed the maximum dimension for the 
thigh at any point between the thigh and the ankle, and which diminish 
in width gradually from the thigh to the ankle;
    (5) In the case of a one-piece garment, has a width which does not 
exceed the maximum dimension for the chest at any point between the 
chest and the waist and which diminishes gradually from the chest to 
the waist; and has a width which does not exceed the maximum dimension 
for the seat at any point between the seat and the waist and which 
diminishes gradually from the seat to the waist;
    (6) In the case of a two-piece garment has an upper piece with a 
width which does not exceed the maximum dimension for the chest at any 
point between the chest and the bottom of that piece and which 
diminishes gradually from the chest to the bottom of that piece; in the 
case of an upper piece with fastenings, has the lowest fastening within 
15 centimeters (6 inches) of the bottom of that piece;
    (7) In the case of a two-piece garment, has a lower piece with a 
width which does not exceed the maximum dimension for the seat at any 
point between the seat and the top of the lower piece and which 
diminishes gradually from the seat to the top of that piece;
    (8) 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); 
and
    (9) Bears a label stating the size of the garment in terms of age 
in months, or by child's size; for example: ``Size 9 to 12 mos.'' or 
``Size 2.'' If the label is not visible to the consumer when the 
garment is offered for sale at retail, the same information must appear 
legibly on the package of the garment.

[[Page 47646]]

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 2 of the Flammable 
Fabrics Act, as amended (sec. 2, 81 Stat. 586; 15 U.S.C. 1191), the 
following definitions apply for the 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 \1\                                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Maximum dimension:                                                                                              
    Centimeters....................       63.5       58.4         66       18.7       37.2       13.0       18.7
    (inches).......................       (25)       (23)       (26)   (7\3/8\)  (14\5/8\)   (5\1/8\)   (7\3/8\)
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                  Size 7 Girls                                                  
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Maximum dimension:                                                                                              
    Centimeters....................       63.5       58.4       67.3       18.7       38.7       13.0       18.7
    (inches).......................       (25)       (23)  (26\1/2\)   (7\3/8\)  (15\1/4\)   (5\1/8\)   (7\3/8\)
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                 Size 8 Boys \1\                                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Maximum dimension:                                                                                              
    Centimeters....................         66       59.7       67.3       19.4       38.4       13.3       19.1
    (inches).......................       (26)  (23\1/2\)  (26\1/2\)   (7\5/8\)  (15\1/8\)   (5\1/4\)   (7\1/2\)
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                   Size 8 Girls                                                 
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Maximum dimension:                                                                                              
    Centimeters....................         66       59.7       71.1       19.4       41.3       13.3       19.1
    (inches).......................       (26)  (23\1/2\)       (28)   (7\5/8\)  (16\1/4\)   (5\1/4\)   (7\1/2\)
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                 Size 9 Boys \1\                                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Maximum dimension:                                                                                              
    Centimeters....................       68.6       61.0       69.2         20       39.7       13.7       19.4
    (inches).......................       (27)       (24)  (27\1/4\)   (7\7/8\)  (15\5/8\)   (5\3/8\)   (7\5/8\)
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                  Size 9 Girls                                                  
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Maximum dimension:                                                                                              
    Centimeters....................       68.6       61.0       73.7         20       42.6       13.7       19.4
    (inches).......................       (27)       (24)       (29)   (7\7/8\)  (16\3/4\)   (5\3/8\)   (7\5/8\)
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                 Size 10 \1\ Boys                                               
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Maximum dimension:                                                                                              
    Centimeters....................       71.1       62.2       71.1       20.6       41.0         14       19.7
    (inches).......................       (28)  (24\1/2\)       (28)   (8\1/8\)  (16\1/8\)   (5\1/2\)   (7\3/4\)
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                  Size 10 Girls                                                 
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Maximum dimension:                                                                                              
    Centimeters....................       71.1       62.2       76.2       20.6       43.8         14       19.7
    (inches).......................       (28)  (24\1/2\)       (30)   (8\1/8\)  (17\1/4\)   (5\1/2\)   (7\3/4\)
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                Size 11 \1\ Boys                                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Maximum dimension:                                                                                              
    Centimeters....................       73.7       63.5       73.7         21       42.2       14.3         20
    (inches).......................       (29)       (25)       (29)   (8\1/4\)  (16\5/8\)   (5\5/8\)   (7\7/8\)
                                                                                                                
----------------------------------------------------------------------------------------------------------------

[[Page 47647]]

                                                                                                                
                                                  Size 11 Girls                                                 
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Maximum dimension:                                                                                              
    Centimeters....................       73.7       63.5       78.7         21       45.1       14.3         20
    (inches).......................       (29)       (25)       (31)   (8\1/4\)  (17\3/4\)   (5\5/8\)   (7\7/8\)
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                  Size 12 Boys 1                                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Maximum dimension:                                                                                              
    Centimeters....................       76.2       64.8       76.2       21.6       43.5       14.6       20.3
    (inches).......................       (30)  (25\1/2\)       (30)   (8\1/2\)  (17\1/8\)   (5\3/4\)        (8)
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                  Size 12 Girls                                                 
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Maximum dimension:                                                                                              
    Centimeters....................       76.2       64.8       81.3       21.6       46.7       14.6       20.3
    (inches).......................       (30)  (25\1/2\)       (32)   (8\1/2\)  (18\1/2\)   (5\3/4\)        (8)
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                   Size 13 Boys                                                 
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Maximum dimension:                                                                                              
    Centimeters....................       78.7         66       78.7       22.2       44.8       14.9       20.6
    (inches).......................       (31)       (26)       (31)   (8\3/4\)  (17\5/8\)   (5\7/8\)   (8\1/8\)
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                  Size 13 Girls                                                 
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Maximum dimension:                                                                                              
    Centimeters....................       78.7         66       83.8       22.2       47.6       14.9       20.6
    (inches).......................       (31)       (26)       (33)   (8\3/4\)  (18\3/4\)   (5\7/8\)   (8\1/8\)
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                  Size 14 Boys 1                                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Maximum dimension:                                                                                              
    Centimeters....................       81.3       67.3       81.3       22.9         46       15.2         21
    (inches).......................       (32)  (26\1/2\)       (32)        (9)  (18\1/8\)        (6)   (8\1/4\)
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                  Size 14 Girls                                                 
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Maximum dimension:                                                                                              
    Centimeters....................       81.3       67.3       86.4       22.9       49.5       15.2         21
    (inches).......................       (32)  (26\1/2\)       (34)        (9)  (19\1/2\)        (6)   (8\1/4\)
----------------------------------------------------------------------------------------------------------------
1 Garments not explicitly labeled and promoted for wear by girls must not exceed these maximum dimensions.      
                                                                                                                
Note: Maximum dimensions are calculated by placing the garment on a horizontal, flat surface, with the outer    
  surface of the garment exposed; measuring the distances at the points specified below; and multiplying that   
  value by two:                                                                                                 
Chest--measure distance from arm pit to arm pit.                                                                
Waist--on one-piece garment, measure at narrowest location between arm pits and crotch; on two-piece garment,   
  measure width at the bottom of the upper piece, and at the top of the lower piece.                            
Seat--on one-piece garment, measure at widest location between waist and crotch. On two-piece garment, take this
  measurement on the lower piece only.                                                                          
Upper arm--measure at a line perpendicular to the sleeve extending from the outer edge of the sleeve to the arm 
  pit.                                                                                                          
Thigh--measure at a line perpendicular to the leg extending from the outer edge of the leg to the crotch.       
Wrist--measure the width of the end of the sleeve, if intended to extend to the wrist.                          
Ankle--measure the width of the end of the leg, if intended to extend to the ankle.                             

    (2) Has no item of fabric, ornamentation or trim, such as lace, 
appliques, or ribbon, which extends more than 6 millimeters (\1/4\ 
inch) from the point of attachment to the outer surface of the garment;
    (3) Has sleeves which do not exceed the maximum dimension for the 
upper arm at any point between the upper arm and the wrist and which 
diminish in width gradually from the upper arm to the wrist;
    (4) Has legs which do not exceed the maximum dimension for the 
thigh at any point between the thigh and the ankle, and which diminish 
gradually in width between the thigh and the ankle;
    (5) In the case of a one-piece garment, has a width which does not 
exceed the maximum dimension for the chest at any point between the 
chest and the waist and which diminishes gradually from the chest to 
the waist; and has a width which does not exceed the maximum dimension 
for the seat at any point between the seat and the waist and which 
diminishes gradually from the seat to the waist;
    (6) In the case of a two-piece garment, has an upper piece with a 
width which does not exceed the maximum distance for the chest at any 
point between the chest and the bottom of that piece and which 
diminishes gradually from the chest to the bottom of that piece; in the 
case of an upper piece with fastenings, has the lowest fastening within 
15 centimeters (6 inches) of the bottom of that piece;
    (7) In the case of a two-piece garment, has a lower piece with a 
width which does not exceed the maximum

[[Page 47648]]

dimension for the seat at any point between the seat and the top of the 
lower piece and which diminishes gradually from the seat to the top of 
that piece;
    (8) 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); 
and
    (9) Bears a label stating the size of the garment; for example 
``Size 7.'' If the label is not visible to the consumer when the 
garment is offered for sale at retail, the garment size must appear 
legibly on the package of the garment.
    Effective date: These amendments shall become effective on January 
1, 1997, and shall be applicable to garments which are introduced into 
commerce on or after that date.

    Dated: August 29, 1996.
Todd A. Stevenson,
Deputy Secretary, Consumer Product Safety Commission.

List of Relevant Documents

    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, 1993 (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, 1993 (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.
    20. Federal Register notice ``Standard for the Flammability of 
Children's Sleepwear: Sizes 0 Through 6X; Standard for the 
Flammability of Children's Sleepwear: Sizes 7 Through 14; Proposed 
amendments'' published by the Consumer Product Safety Commission; 11 
pages; October 25, 1994 (59 FR 53616).
    21. Federal Register notice ``Continuation of Stay of 
Enforcement of Standards for the Flammability of Children's 
Sleepwear, Sizes 0 Through 6X and 7 Through 14'' published by the 
Consumer Product Safety Commission; 1 page; October 25, 1994 (59 FR 
53584).
    22. Comment on proposed amendments from Aline Farr; 1 page; 
September 14, 1994.
    23. Comment on proposed amendments from Leonard Schwab, the 
Schwab Company; 7 pages; November 29, 1994.
    24. Comment on proposed amendments from Kay M. Villa, American 
Textile Manufacturers Institute; 1 page; December 22, 1994.
    25. Comment on proposed amendments from Carl Schlosser, Salant 
Children's Apparel Group; 5 pages; December 28, 1994.
    26. Comment on proposed amendments from John F. Krasny; 2 pages; 
January 4, 1995.
    27. Comment on proposed amendments from student research group, 
Florida International University; 2 pages; January 4, 1995.
    28. Comment on proposed amendments from Steven E. Loftin, the 
William Carter Company; 2 pages; January 5, 1995.
    29. Comment on proposed amendments from student research group; 
2 pages; January 6, 1995.
    30. Comment on proposed amendments from Gerald L. Colliers, the 
Children's Sleepwear Coalition; 6 pages; January 8, 1995.
    31. Comment on proposed amendments from Mary-beth Boughton, 
Oneita Industries; 2 pages; January 9, 1995.
    32. Comment on proposed amendments from James McMullen, Learn 
Not to Burn Foundation, National Fire Protection Association; 2 
pages; January 13, 1995.
    33. Comment on proposed amendments from Phillip J. Wakelyn, 
Ph.D., National Cotton Council of America; 7 pages; January 9, 1995.
    34. Comment on proposed amendments from John Wigodsky, Fruit of 
the Loom; 1 page; January 5, 1995.
    35. Comment on proposed amendments from Julie Goldscheider, 
Impact Imports International, Inc.; 3 pages; January 9, 1995.
    36. Comment on proposed amendments from Alfred K. Whitehead, 
International Association of Fire Fighters; 1 page; July 31, 1995.
    37. Comment on proposed amendments from Frank Albert, Fire 
Prevention Canada; 2 pages; August 1, 1995.
    38. Comment on proposed amendments from Andrew M. Munster, M.D., 
American Burn Association; 2 pages; August 29, 1995.
    39. Comment on proposed amendments from Ramsey J. Choucair, 
M.D., Shriners Hospitals for Crippled Children, Burns Institute; 2 
pages; August 30, 1995.
    40. Comment on proposed amendments from Phillip J. Wakelyn, 
Ph.D., National Cotton Council of America; 2 pages; September 8, 
1995.
    41. Comment on proposed amendments from Anthony R. O'Neill, 
National Fire Protection Association, with enclosures; 7 pages; 
October 23, 1995.
    42. Comment on proposed amendments from Carl Schlosser, Salant 
Children's Apparel Group; 1 page; October 10, 1995.
    43. Comment on proposed amendments from Mary Jane Murray; 1 
page; undated.
    44. Comment on proposed amendments from Tim Ackerman, T & G 
Associates, Inc., with enclosure; 3 pages; October 25, 1995.
    45. Comment on proposed amendments from John McCarthy, Kid Duds, 
with enclosure; 3 pages; October 30, 1995.
    46. Comment on proposed amendments from Leigh Ann Schwarzkopf, 
Kid Duds, with enclosure; 8 pages; January 5, 1996.
    47. Comment on proposed amendments from Phillip J. Wakelyn, 
Ph.D., National Cotton Council of America; 2 pages; October 30, 
1995.
    48. Comment on proposed Amendments from Phillip. J. Wakelyn, 
Ph.D., National

[[Page 47649]]

Cotton Council of America, with enclosures; 5 pages; December 18, 
1995.
    49. Comment on proposed Amendments from Phillip. J. Wakelyn, 
Ph.D., National Cotton Council of America, with enclosure; 3 pages; 
December 21, 1995.
    50. Comment on proposed amendments from Leonard S. Bernstein, 
Candlesticks, Inc.; 2 pages; October 31, 1995.
    51. Comment on proposed amendments from Leonard S. Bernstein, 
Candlesticks, Inc., with enclosure; 3 pages; December 14, 1995.
    52. Comment on proposed amendments from Leonard S. Bernstein, 
Candlesticks, Inc.; 1 page; January 10, 1996.
    53. Comment on proposed amendments from Mary-beth Boughton, 
Oneita Industries; 2 pages; November 6, 1995.
    54. Comment on proposed amendments from G. L. Collier, I-C 
Manufacturing Company, with enclosure; 5 pages; December 30, 1995.
    55. Comment on proposed amendments from Hy Grubman, InnerWorld; 
1 page; December 28, 1995.
    56. Comment on proposed amendments from Jack Brownstein, 
Waterbury Garment Corporation, with enclosure; 2 pages; January 3, 
1996.
    57. Comment on proposed amendments from Craig V. Mayer, P.E.; 2 
pages; January 5, 1996.
    58. Comment on proposed amendments from Gerald L. Collier, 
Children's Sleepwear Coalition; 5 pages; January 24, 1996.
    59. Comment on proposed amendments from Stephen Schnitzer and 
Marvin Sandberg, PCA Apparel; 5 pages; February 6, 1996.
    60. Comment on proposed amendments from The Coalition for 
American Trauma Care; 2 pages; February 6, 1996.
    61. Comment on proposed amendments from Cressie Goff, Sew Sweet 
Stitches, and Carol Grider, R.N., with enclosures; 3 pages; February 
21, 1996.
    62. Memorandum from Terry L. Kissinger, Ph.D., EHHA, to Terrance 
R. Karels, ECPA, entitled ``Injury Data Related to the Children's 
Sleepwear Standards''; 13 pages; July 12, 1995.
    63. Letter from Carole LaCombe, Director, Product Safety Canada, 
to Eric C. Peterson, Executive Director, Consumer Product Safety 
Commission, concerning Canadian standards for the flammability of 
children's sleepwear; 3 pages; September 13, 1993.
    64. Memorandum from Linda Fansler, ES, concerning telephone 
conversation between staff of the Consumer Product Safety Commission 
and staff of Consumer and Corporate Affairs Canada on June 18, 1992, 
concerning the Canadian standards for the flammability of children's 
sleepwear; 3 pages.
    65. Memorandum from Linda Fansler, ESME, to Terrance R. Karels, 
ECPA, entitled ``Tight Fitting Children's Sleepwear''; 5 pages; July 
14, 1995.
    66. Memorandum from Terrance R. Karels, Project Manager, to 
Warren J. Prunella, Associate Executive Director for Economic 
Analysis, entitled ``Sleepwear Market Update''; 2 pages; October 6, 
1995.
    67. Final Regulatory Analysis for amendments of the children's 
sleepwear standards by Terrance R. Karels; 8 pages; July 1995.
    68. Memorandum from David Schmeltzer, Assistant Executive 
Director for Compliance, to Terrance Karels, Project Manager, 
entitled ``Sleepwear Briefing Package''; 4 pages; August 24, 1995.
    69. Memorandum from Patricia Fairall, Compliance Officer, to 
Terrance Karels, Project Manager, entitled ``Compliance Discussion 
of the Proposed Amendments to the Children's Sleepwear Standards''; 
2 pages; June 26, 1995.
    70. Memorandum from Terry L. Kissinger, Ph.D., EHHA, to Terrance 
R. Karels, ECPA, entitled ``Response to Public Comments Received 
after Publication of the Notice of Proposed Rulemaking''; 8 pages; 
July 12, 1995.
    71. Memorandum from George Sweet, EPHF, to Terrance R. Karels, 
ECPA, entitled ``Human Factors Responses to Sleepwear NPR 
Comments''; 7 pages; May 5, 1995.
    72. Memorandum from Linda Fansler, ESME, to Terrance R. Karels, 
ECPA, entitled ``Response to Comments''; 3 pages; July 14, 1995.
    73. Memorandum from Suad Nakamura, Ph.D., EHPS, to Terrance R. 
Karels, Project Manager, entitled ``Children's Sleepwear--Response 
to Comments on the Notice of Proposed Rulemaking''; 2 pages; July 
19, 1995.
    74. Memorandum from Patricia Fairall, Compliance Officer, to 
Terrance R. Karels, Program Manager, entitled ``Response to Comments 
from Proposed Amendments to the Children's Sleepwear Standards 
published in the Federal Register on October 25, 1994''; 5 pages; 
June 26, 1995.
    75. Memorandum from Terry L. Kissinger, Ph.D., EHHA, to Terrance 
R. Karels, ECPA, entitled ``Response to Letter from John Krasny to 
James Hoebel''; 5 pages; August 3, 1995.
    76. Memorandum from George Sweet, ESHA, to Terrance R. Karels, 
ECPA, entitled ``Issues involved in amendment the sleepwear 
flammability regulation: Sizing and Labeling''; 3 pages; September 
20, 1995.
    77. Memorandum from Karen G. Krushaar, OIPA, to Terrance R. 
Karels, ECPA, entitled ``Children's Sleepwear Informational 
Campaign''; 2 pages; July 11, 1995.
    78. Position statement of the National Fire Protection 
Association and the Learn Not to Burn Foundation in Opposition to 
the Proposed Amendment of the Children's Sleepwear Standards; 5 
pages; July 1995.
    79. Letter from John F. Krasny to J. F. Hoebel concerning paper 
by Vickers, Krasny, and Tovey entitled ``Some Apparel Fire Hazard 
Parameters''; 2 pages; July 17, 1995.
    80. Memorandum from Linda Fansler, ESME, concerning telephone 
conversation with John Krasny on September 20, 1995; 2 pages.
    81. Log of public meeting conducted on April 25, 1995, 
concerning proposed amendments of the children's sleepwear 
flammability standards; 4 pages.
    82. Memorandum from James F. Hoebel, Chief Engineer for Fire 
Hazards, to Terrance R. Karels, Project Manager, entitled 
``Children's Sleepwear''; 3 pages; October 10, 1995.
    83. Memorandum from Warren J. Prunella, Associate Executive 
Director for Economic Analysis, to file concerning small business 
effects of proposed amendments to the children's sleepwear 
flammability standards; 3 pages; February 17, 1995.
    84. Memorandum from Warren J. Prunella, Associate Executive 
Director for Economic Analysis, to Eric A. Rubel, General Counsel, 
concerning requirements for Congressional review of final amendments 
to the children's sleepwear standards; 3 pages; undated.
    85. Vote sheet to accompany briefing package on children's 
sleepwear flammability standards; 2 pages; October 11, 1995.
    86. Memorandum from Terrance R. Karels, Project Manager, and 
Ronald L. Medford, Assistant Executive Director for Hazard 
Identification and Reduction entitled ``Questions Regarding 
Children's Sleepwear Amendments,'' with attachments; 21 pages; 
January 30, 1996.

[FR Doc. 96-22697 Filed 9-6-96; 8:45 am]
BILLING CODE 6355-01-P