[Federal Register Volume 63, Number 98 (Thursday, May 21, 1998)]
[Proposed Rules]
[Pages 27877-27885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13026]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Parts 1615 and 1616


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

AGENCY: Consumer Product Safety Commission.

ACTION: Proposed technical changes.

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SUMMARY: The Commission proposes to amend the flammability standards 
for children's sleepwear in sizes 0 through 6X and 7 through 14 to make 
several technical changes that would correct the definition of ``tight-
fitting garment.'' 1 The proposed changes will clarify the 
points where garment measurements should be made.
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    \1\ The Commission voted to issue the proposed changes 2-0. 
Commissioners Mary Gall and Thomas Moore voted in favor of issuing 
the proposed rule. Chairman Ann Brown abstained.

DATES: Written comments concerning this proposed amendment are due no 
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later than August 4, 1998.

ADDRESSES: Comments should be mailed to the Office of the Secretary, 
Consumer Product Safety Commission, Washington, D.C. 20207, telephone: 
(301) 504-0800 or delivered to the Office of the Secretary, room 501, 
4330 East-West Highway, Bethesda, Maryland 20814. Comments should be 
submitted in five copies and captioned ``Sleepwear.'' Comments may also 
be filed by telefacsimile to (301) 504-0127 or by email to cpsc-
[email protected]

.FOR FURTHER INFORMATION CONTACT: Margaret Neily, Project Manager, 
Directorate for Engineering Sciences, Consumer Product Safety 
Commission, Washington, D.C. 20207; telephone (301) 504-0550, extension 
2354.

SUPPLEMENTARY INFORMATION:

A. Background

    In 1971, the Secretary of Commerce issued a flammability standard 
for children's sleepwear in sizes 0 through 6X, which became effective 
in 1972. That standard, issued under Section 4 of the Flammable Fabrics 
Act (``FFA''), 15 U.S.C. 1193, prescribes tests for children's 
sleepwear garments and fabrics intended for use in children's 
sleepwear. The flammability standard for children's sleepwear in sizes 
0 through 6X is codified at 16 CFR Part 1615.
    In 1973, responsibility for administration and enforcement of the 
FFA was transferred to the Consumer Product Safety Commission by 
provisions of section 30(b) of the Consumer Product Safety Act. 15 
U.S.C. 2079(b). In 1974, the Commission issued a flammability standard 
for children's sleepwear in sizes 7 through 14, to become effective in 
1975. The tests in that standard are substantially the same as those in 
the standard for children's sleepwear in sizes 0 through 6X. The 
flammability standard for children's sleepwear in sizes 7 through 14 is 
codified at 16 CFR Part 1616.
    Both standards require that test specimens must self-extinguish 
when exposed to a small open-flame ignition source. Self-extinguishing 
fabrics and garments are those that stop burning when removed from an 
ignition source.

[[Page 27878]]

Both standards require manufacturers of sleepwear garments to perform 
prototype tests on specimens of fabric, seams, and trim with acceptable 
results before beginning production of sleepwear garments. Both 
standards also require manufacturers of sleepwear fabrics and garments 
to group fabrics and garments into production units and to randomly 
sample and test products from each production unit. Neither standard 
requires that specific fabrics or flame-retardant treatments be used in 
the manufacture of children's sleepwear.
    On September 9, 1996, the Commission issued a final rule amending 
the flammability standards for children's sleepwear to exclude from the 
definition of ``children's sleepwear'' (1) garments sized for infants 
nine months of age or younger and (2) tight-fitting sleepwear garments 
for children older than nine months. 61 FR 47634.
    The Commission found that such tight-fitting sleepwear did not 
present an unreasonable risk of injury. Rather, the Commission's 
information showed that sleepwear incidents occurred with loose-fitting 
garments such as nightgowns. A review of literature for that amendment 
showed that fit can influence garment flammability. Garments that fit 
close to the body are less likely to catch fire in the first place and 
less likely to allow heat to develop between the fabric and the body, 
thus decreasing the likelihood of thermal injury. Id. The Commission 
concluded that garments fitting closely and that touch the body at key 
points should be exempt from the sleepwear standards as they do not 
present the same risk as loose-fitting garments. These amendments 
became effective on January 1, 1997. However, the Commission also 
issued a stay of enforcement for close-fitting garments which are 
labeled and promoted as underwear. That stay expires on June 1, 1998. 
62 FR 60163.
    The Commission defined tight-fitting garments as those that did not 
exceed certain measurements in the chest, waist, seat, upper arm, 
thigh, wrist, and ankle for each size ranging from over 9 months 
through children's size 14. In the amendments, the Commission specified 
maximum allowable measurements for each of these locations for each 
size garment. 61 FR 47644-47.

B. Statutory Provisions

    The FFA provides that the Commission can issue or amend a 
flammability standard when the standard may be needed to protect the 
public from an unreasonable risk of the occurrence of fire leading to 
death, injury or significant property damage. 15 U.S.C. 1193(a).
    Section 4(g) of the FFA, states that a proceeding ``for the 
promulgation of a regulation under this section'' shall be initiated by 
publication of an advance notice of proposed rulemaking (``ANPR''). 15 
U.S.C. 1193(g). That section requires that the ANPR identify the 
product and the nature of the risk at issue; summarize the alternatives 
under consideration; provide information about existing relevant 
standards; and invite interested persons to submit comments on the 
ANPR. Id.
    Due to the technical nature and narrow scope of this proceeding, an 
ANPR conforming to the requirements of section 4(g) would be of no 
value to the public or the Commission. This proposed amendment would 
simply correct errors in the previous amendments to the children's 
sleepwear standards. The only change that would result if this 
amendment were to be issued in final is that some locations on 
sleepwear garments would be measured in a slightly different place to 
determine whether they could be exempt as tight-fitting garments. Thus, 
the Commission is initiating this rulemaking with this notice of 
proposed rulemaking (``NPR'') rather than an ANPR.

C. Proposed Amendments

1. Need for Technical Changes

    Once manufacturers began to design tight-fitting sleepwear that 
would meet the amendments, they identified some problems with design 
and construction of these garments. First, in December 1996, it became 
apparent that the location specified to measure the upper arm (``at a 
line perpendicular to the sleeve. Extending from the outer edge of the 
sleeve to the arm pit'') would result in an unworkable garment. Some 
garment manufacturers asserted that measuring the upper arm at this 
location could result in an opening at the upper end of the sleeve (the 
armhole) that would be uncomfortable to the wearer. Thus, the 
Commission staff sent an enforcement letter to industry clarifying the 
measurement point for the upper arm.
    Industry members told CPSC staff of other manufacturing problems 
they were having with making tight-fitting sleepwear. On June 4, 1997, 
an industry task force presented the staff with recommendations for 
producing cotton garments. They suggested a new set of garment 
dimensions as well as revised points of measurements. Most dimensions 
were larger than those in the Commission's standard. The staff reviewed 
the suggestions from the industry task force and those of other 
industry members. The staff concluded that some technical changes to 
the standard were necessary for manufacturers to make workable 
garments. However, the staff concluded that most of the changes 
advocated by the industry task force and others would result in larger 
garments that would not meet the standard's safety criteria. As 
mentioned above, the Commission based its exemption for tight-fitting 
garments on information showing that garments close to the body and 
touching it at key points would not present an unreasonable risk. The 
revisions suggested by industry would produce garments that would fall 
away from the body.
    It seemed apparent to the staff that some adjustments needed to be 
made to the locations for measurements specified in the amendments for 
some points on the garments. The staff believed that these adjustments 
would be needed for the point of measurement of the upper arm, the 
seat, and the thigh. The staff also examined possible changes to the 
sweep (bottom of the top of a two-piece garment). In order to better 
assess this need and to determine if the possible changes would result 
in practical, wearable garments, the staff conducted structured 
observations of some garments.

2. Observations

    The staff conducted a series of observations to see if the 
technical changes that appeared necessary would result in practical 
garments. The staff considered practical garments to be ones that 
adhere to the intentions of the regulation to provide a snug fit while 
permitting the wearer to move without undue discomfort or restraint. 
Eight manufacturers provided garments for children to try on so that 
the staff could assess the comfort and fit of the various garments. 
Numerous different fabrics were used (several 1x1 rib knits, several 
interlock knits, and a thermal knit). Garment fit was evaluated by CPSC 
staff with experience in garment design and construction. During the 
observations children put on and took off the garments, played actively 
and simulated sleeping. The staff observers looked for indications that 
the garments were binding or causing discomfort. The children also took 
garments home to sleep in.
    One garment that met the current tight-fitting requirements was 
included. It proved to be impractical for several reasons. Measuring 
the upper arm from the arm pit produced an armhole too small to be 
comfortable and made it

[[Page 27879]]

impossible for a child to remove the garment top without assistance. 
The points of measurement for the thigh and seat resulted in pants that 
were unnecessarily tight in these areas. This tightness would also tend 
to further restrict the fabrics that could be used.
    The garments made according to measurement locations contemplated 
by the staff appeared to be wearable, comfortable and suitable for 
sleeping and play. Children (or parents of smaller children) had no 
problems putting the garments on or removing them. The children's 
bodies remained covered when they moved about. The fabrics' stretch 
accommodated leg and arm movements so the children were able to bend, 
squat, run and roll. The children reported no discomfort sleeping in 
the garments overnight.

3. Substance of Changes

Measurement of Upper Arm
    As explained above, this proposed amendment would allow 
manufacturers to measure sleepwear garments at a location that better 
approximates the true upper arm of the garment. In an effort to 
simplify the definition of ``tight-fitting garment'' the 1996 sleepwear 
amendments called for measuring from the arm pit; however, this does 
not allow sufficient room at the upper opening of the sleeve. Under the 
proposed correction, the upper arm would be measured from the shoulder 
to approximately one quarter the length of the arm.
    The maximum upper arm dimensions for each size specified in the 
1996 sleepwear amendments would remain unchanged. These are indicated 
in the charts provided in the September 9, 1996 Federal Register 
notice. 61 FR 47644-47 (codified at 16 CFR 1615.1(o) and 1616.2(m)). 
This proposed amendment would only change the location where the upper 
arm is measured.
    To determine the appropriate point for the upper arm measurement, 
the staff considered available sizing and body measurements. For sizes 
9 months through 6x the staff based its calculations on the arm lengths 
given in ASTM standards D4910-95a and D5826-95. Currently there is no 
ASTM standard for body measurements for sizes 7 through 14. Therefore 
the staff based its calculations for these sizes on the 1977 
anthropometric study of U.S. children conducted by the University of 
Michigan.
Measurement of Seat
    The 1996 sleepwear amendments state that the seat should be 
measured ``at widest location between waist and crotch.'' 16 CFR 
1615.1(o) and 1616.2(m) (see footnotes to chart). If read literally, 
this describes a location immediately above the bottom of the crotch 
and is essentially the same location as specified for the thigh 
measurement. This is not where the seat/hip measurement is normally 
made under general industry practices. A literal reading of this 
direction results in a more contstricted pant in the seat and thigh 
area.
    Originally, the staff considered measuring just above the curve in 
the crotch seam, some specified number of inches above the bottom of 
the crotch. A different distance would be specified for groups of 
sizes, e.g., 2\1/2\ inches above the bottom of the crotch for infant 
sizes.
    However, during the observations the staff found that specifying 
the point of measurement as 4 inches above the crotch consistently 
matched the seat/hip location on the wearer. Specifying a uniform 
measurement for all sizes also has the advantage of being easier to 
apply both for manufacturers and for Commission enforcement. Thus, the 
Commission proposes to specify that the seat should be measured 4 
inches above the crotch for all sizes.
Measurement of Thigh
    The amendments state that the thigh measurement should be taken 
``at a line perpendicular to the leg extending from the outer edge of 
the leg to the crotch.'' 16 CFR 1615.1(o) and 1616.2(m)(see footnotes 
to chart). This calls for measuring the thigh right at the bottom of 
the crotch. This is not really the location of the thigh and means 
measuring at a point where bulky seams join. Typical practice in the 
garment design and manufacturing industry is to measure the thigh at a 
point one inch down the inseam from its intersection with the crotch 
seam. This provides a more accurate measurement of the thigh without 
interference from the bulky intersection of the seams. Thus, the 
Commission proposes that the thigh be measured at this point.
Sweep
    The staff also considered whether any change should be made to the 
sweep of the top of a two-piece garment. The existing standard provides 
that the sweep must be equal to or less than the waist dimension. This 
is specified in the notes to the chart specifying where to measure the 
waist (``on two-piece garment, measure width at the bottom of the upper 
piece, and the top of the lower piece.''). The staff considered also 
allowing an hourglass silhouette that essentially is allowed now for 
one-piece garments. However, the observations showed that such an 
hourglass shape for a two-piece garment could create extra loose fabric 
around the waist after a child has raised her arms. That is, after a 
child is moving around the top would ride up to the waist creating 
loose fabric. Thus, the Commission is not proposing to make any changes 
to the sweep of the garments.

D. Effective Date

    Section 4(b) of the FFA provides that an amendment of a 
flammability standard shall become effective one year from the date it 
is promulgated, unless the Commission finds for good cause that an 
earlier or later effective date is in the public interest and publishes 
that finding. 15 U.S.C. 1193(b). Section 4(b) also requires that an 
amendment of a flammability standard shall exempt product ``in 
inventory or with the trade'' on the date the amendment becomes 
effective, unless the Commission limits or withdraws that exemption 
because those products are so highly flammable that they are dangerous 
for use by consumers.
    The Commission has reason to believe that an effective date 30 days 
after publication of final amendments will be in the public interest. 
This would provide adequate notice to the public and would allow for 
the prompt initiation of these minor adjustments.
    The Commission does not propose to withdraw or limit the exemption 
for products in inventory or with the trade as provided by section 4(b) 
of the FFA. The Commission notes that on December 9, 1996 the 
Commission staff issued an enforcement policy stating that it would 
exercise its enforcement discretion concerning the measurement of the 
upper arm between the shoulder and the elbow. Specific measurement 
points for each size were given in a table. Thus, manufacturers may 
currently use the table reproduced below in the proposed amendments 
when measuring the sleepwear garment's upper arm. The other proposed 
technical changes are also minor in nature, simply changing the point 
of measurement. Thus, the Commission believes that a 30-day effective 
date once the changes have been issued as a final rule is appropriate. 
Manufacturers who wish to may use the proposed points of measurement in 
making garments, and the staff will not take any enforcement action. Of 
course, manufacturers may also continue to use the points of 
measurement specified in the 1996 amendments until any changes become 
effective.

[[Page 27880]]

E. Impact on Small Businesses

    When an agency undertakes a rulemaking proceeding, the Regulatory 
Flexibility Act, 5 U.S.C. 601 et seq., generally requires the agency to 
prepare proposed and final regulatory flexibility analyses describing 
the impact of the rule on small businesses and other small entities. 
Section 605 of the Act provides that an agency is not required to 
prepare a regulatory flexibility analysis if the head of an agency 
certifies that the rule will not have a significant economic impact on 
a substantial number of small entities.
    The Commission hereby certifies that the proposed amendments to the 
flammability standards for children's sleepwear described below will 
not have a significant impact on a substantial number of small 
businesses or other small entities. The proposed amendments clarify 
where the upper arm, seat and thigh measurements should be taken to 
determine whether a children's sleepwear garment may be exempt as a 
``tight-fitting garment.'' These changes in the location of measurement 
will not have an impact on small businesses.

F. Environmental Considerations

    Pursuant to the National Environmental Policy Act, and in 
accordance with the Council on Environmental Quality regulations and 
CPSC procedures for environmental review, the Commission has assessed 
the possible environmental effects associated with the proposed 
amendments to the children's sleepwear standards.
    The Commission's regulations state that amendments such as this one 
normally have little or no potential for affecting the human 
environment. 16 CFR 1021.5(c)(3). The Commission has no information 
indicating that this particular amendment would affect the environment. 
Therefore, the Commission determines that neither an environmental 
assessment nor an environmental impact statement is required.

G. Executive Orders

    According to Executive Order 12988 (February 5, 1996), agencies 
must state in clear language the preemptive effect, if any, of new 
regulations. These amendments, if issued in final, would slightly 
modify the flammability standards for children's sleepwear under the 
FFA. The FFA provides that, generally, when a flammability standard 
issued under the FFA is in effect, ``no State or political subdivision 
of a State may establish or continue in effect a flammability standard 
or other regulation for such fabric, related material, or product if 
the standard or other regulation is designed to protect against the 
same risk of occurrence of fire'' as the FFA standard ``unless the 
State or political subdivision standard or other regulation is 
identical'' to the FFA standard. 15 U.S.C. 1203(a). A local standard 
may be excepted from this preemptive effect if: (1) the local standard 
provides a higher degree of protection from the risk of occurrence of 
fire than the FFA standard or (2) the State or political subdivision 
applies to the Commission for an exemption from the FFA's preemption 
clause and the Commission grants the exemption through a process 
specified at 16 CFR part 1061. 15 U.S.C. 1203(b) and (c).
    Thus, the proposed amendments would modify the points specified for 
measuring garments exempt from the sleepwear flammability standards 
that preempt non-identical state or local flammability standards or 
regulations which are designed to protect against the same risk of 
occurrence of fire as the FFA flammability standards for children's 
sleepwear.
    In accordance with Executive Order 12612 of October 26, 1987, the 
Commission certifies that the proposed amendments do not have 
sufficient implications for federalism to warrant a Federalism 
Assessment.

List of Subjects in 16 CFR Parts 1615 and 1616

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

Conclusion

    For the reasons stated above and pursuant to the authority of 
section 4 of the Flammable Fabrics Act (15 U.S.C. 1193) the Commission 
proposes to amend 16 CFR parts 1615 and 1616 as follows:

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

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

    Authority: Sec. 4, 67 Stat. 112, as amended, 81 Stat. 569-70; 15 
U.S.C. 1193.

    2. Section 1615.1 is amended by revising paragraph (o) introductory 
text and (o)(1) to read as follows:


Sec. 1615.1  Definitions.

* * * * *
    (o) Tight-fitting garment means a garment which:
    (1)(i) 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:

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                                                                        Upper                                   
                                       Chest      Waist       Seat       arm       Thigh      Wrist      Ankle  
----------------------------------------------------------------------------------------------------------------
                                                  Size 9-12 mos                                                 
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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 27881]]

                                                                                                                
                                                     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: Measure the dimensions on the front of the garment. Lay 
garment, right side out, on a flat, horizontal surface. Smooth out 
wrinkles. Measure distances as specified below and multiply them by 
two. Measurements should be equal to or less than the maximum 
dimensions given in the standards.

    (A) Chest--measure distance from arm pit to arm pit (A to B) as in 
Diagram 1.
    (B) Waist--See Diagram 1. One-piece garment, measure at the 
narrowest location between arm pits and crotch (C to D). Two-piece 
garment, measure width at both the bottom/ sweep of the upper piece (C 
to D) and, as in Diagram 3, the top of the lower piece (C to D).
    (C) Wrist--measure the width of the end of the sleeve (E to F), if 
intended to extend to the wrist, as in Diagram 1.
    (D) Upper arm--draw a straight line from waist/sweep D through arm 
pit B to G. Measure down the sleeve fold from G to H. Refer to table 
below for G to H distances for each size. Measure the upper arm of the 
garment (perpendicular to the fold) from H to I as shown in Diagram 1.

[GRAPHIC] [TIFF OMITTED] TP21MY98.062

Diagram 1

[[Page 27882]]


                                Distance From Shoulder (G) to (H) for Upper Arm Measurement for Sizes 9 Months Through 6x                               
--------------------------------------------------------------------------------------------------------------------------------------------------------
     9-12 mo          12-18 mo         18-24 mo            2                3                4                5                6                6x      
--------------------------------------------------------------------------------------------------------------------------------------------------------
5.8 cm..........        6.6 cm           7.4 cm           7.4 cm           8.1 cm           8.8 cm           9.5 cm          10.3 cm            11 cm   
2\1/8\''........      2\5/8\''         2\7/8\''         2\7/8\''         3\1/4\''         3\1/2\''         3\3/4\''              4''         4\3/8\''   
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (E) Seat--Fold the front of the pant in half to find the bottom of 
the crotch at J as in the left side of Diagram 2. The crotch seam and 
inseam intersect at J. Mark point K on the crotch seam at 4 inches 
above and perpendicular to the bottom of the crotch. Unfold the garment 
as in the right side of Diagram 2. Measure the seat from L to M through 
K as shown.
    (F) Thigh--measure from the bottom of the crotch (J) 1 inch down 
the inseam to N as in the left side of Diagram 2. Unfold the garment 
and measure the thigh from the inseam at N to O as shown in the right 
side of Diagram 2.
    (G) Ankle--measure the width of the end of the leg (P to Q), if 
intended to extend to the ankle, as in the right side of Diagram 2.
[GRAPHIC] [TIFF OMITTED] TP21MY98.063

Diagram 2

* * * * *

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 (m) introductory 
text and (m)(1) to read as follows:


Sec. 1616.2  Definitions.

* * * * *
    (m) Tight-fitting garment means a garment which:
    (1)(i) 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\)
----------------------------------------------------------------------------------------------------------------

[[Page 27883]]

                                                                                                                
                                                  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 Boys 1                                                 
----------------------------------------------------------------------------------------------------------------
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 Boys 1                                                 
----------------------------------------------------------------------------------------------------------------
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\)
----------------------------------------------------------------------------------------------------------------
                                                  Size 11 Girls                                                 
----------------------------------------------------------------------------------------------------------------
Maximum Dimension:                                                                                              
    Centimeters....................                                                                             
    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 \1\                                                
----------------------------------------------------------------------------------------------------------------
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\)
----------------------------------------------------------------------------------------------------------------

[[Page 27884]]

                                                                                                                
                                                 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.    

    (ii) Note: Measure the dimensions on the front of the garment. 
Lay garment, right side out, on a flat, horizontal surface. Smooth 
out wrinkles. Measure distances as specified below and multiply them 
by two. Measurements should be equal to or less than the maximum 
dimensions given in the standards.

    (A) Chest--measure distance from arm pit to arm pit (A to B) as in 
Diagram 1.
    (B) Waist--See Diagram 1. One-piece garment, measure at the 
narrowest location between arm pits and crotch (C to D). Two-piece 
garment, measure width at both the bottom/sweep of the upper piece (C 
to D) and, as in Diagram 3, the top of the lower piece (C to D).
    (C) Wrist--measure the width of the end of the sleeve (E to F), if 
intended to extend to the wrist, as in Diagram 1.
    (D) Upper arm--draw a straight line from waist/sweep D through arm 
pit B to G. Measure down the sleeve fold from G to H. Refer to table 
below for G to H distances for each size. Measure the upper arm of the 
garment (perpendicular to the fold) from H to I as shown in Diagram 1.

[GRAPHIC] [TIFF OMITTED] TP21MY98.062

Diagram 1

               Distance From Shoulder (G) to (H) for Upper Arm Measurement for Sizes 7 through 14               
----------------------------------------------------------------------------------------------------------------
      7              8              9            10            11            12            13            14     
----------------------------------------------------------------------------------------------------------------
11.4 cm......      11.7 cm        11.9 cm       12.5 cm       12.8 cm       13.1 cm       13.7 cm       14.2 cm 
4\1/2\''.....          4''       4\3/4\''           4''           5''           5''           5''           5'' 
----------------------------------------------------------------------------------------------------------------

    (E) Seat--Fold the front of the pants in half to find the bottom of 
the crotch at J as in the left side of Diagram 2. The crotch seam and 
inseam intersect at J. Mark point K on the crotch seam at 4 inches 
above and perpendicular to the bottom of the crotch. Unfold the garment 
as in the right side of Diagram 2. Measure the seat from L to M through 
K as shown.
    (F) Thigh--measure from the bottom of the crotch (J) 1 inch down 
the inseam to N as in the left side of Diagram 2. Unfold the garment 
and measure the thigh from the inseam at N to O as shown in the right 
side of Diagram 2.
    (G) Ankle--measure the width of the end of the leg (P to Q), if 
intended to extend to the ankle, as in the right side of Diagram 2.


[[Page 27885]]


[GRAPHIC] [TIFF OMITTED] TP21MY98.063

Diagram 2

* * * * *
    Dated: May 12, 1998.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.

References

    The following documents contain information relevant to this 
rulemaking proceeding and are available for inspection at the Office 
of the Secretary, Consumer Product Safety Commission, Room 502, 4330 
East-West Highway, Bethesda, Maryland:
    1. Memorandum from Margaret Neily, Project Manager, Directorate 
for Engineering, to the Commission, ``Children's Sleepwear 
Flammability Standards--Technical Amendments,'' April 27, 1998.
    2. Report from C. Craig Morris, Ph.D., Directorate for 
Epidemiology and Health Sciences, ``Clothing-Related Thermal Burns 
in Children Under 15 Years Old.'' March 1998.
    3. Memorandum from Margaret Neily, Project Manager, Directorate 
for Engineering, to File, ``Technical Amendments of the Children's 
Sleepwear Flammability Standards--Snug-fitting'' Requirements, March 
31, 1998.
    4. Memorandum from Terrance R. Karels, Directorate for Economic 
Analysis, to Margaret Neily, Project Manager, ``Children's Sleepwear 
Update,'' April 9, 1998.
    5. Memorandum from Terrance R. Karels, Directorate for Economic 
Analysis, to Margaret Neily, Project Manager, ``Economic 
Considerations of Revisions to the Children's Sleepwear Standard,'' 
April 9, 1998.
    6. Memorandum from Patricia Fairall, Program Manager to Margaret 
Neilly, Project Manager, ``Industry Request for clarification of 
sleepwear segregation of tight-fitting garments,'' March 3, 1998.
    7. Carolyn Meiers, Directorate for Engineering, to Margaret 
Neily, Project Manager, ``Methodology for Structured Sleepwear 
Observations,'' March 31, 1998.
    8. ASTM Standards D4910-95a and D5826-95.
    9. Anthropometry of Infants, Children, and Youths to Age 18 for 
Product Safety Design. Highway Safety Research Institute. Ann Arbor, 
Michigan: University of Michigan (1977).
    10. Log of February 18, 1998 meeting, prepared by Margaret 
Neily, ``Children's Sleepwear--snug-fitting requirements,'' March 4, 
1998.
    11. Memorandum from Linda Fansler, Division of Engineering, Lab 
Sciences, to Margaret Neily, Project Manager, ``Tolerance,'' April 
8, 1998.

[FR Doc. 98-13026 Filed 5-20-98; 8:45 am]
BILLING CODE 6355-01-P