[Federal Register Volume 63, Number 98 (Thursday, May 21, 1998)]
[Proposed Rules]
[Pages 27885-27886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13028]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Parts 1615 and 1616


Proposed Clarification of Statement of Policy; 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 clarification of statement of policy.

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SUMMARY: The Commission proposes to amend the policy statements on the 
flammability of children's sleepwear so that infant garments (sized for 
a child nine months and under) and ``tight-fitting'' garments (as 
defined in the sleepwear standards) can be marketed and promoted with 
other sleepwear.\1\

    \1\ The Commission voted 2-0 to propose clarifying the 
enforcement policy statement. Commissioners Mary Gall and Thomas 
Moore voted in favor of issuing the proposal. Chairman Ann Brown 
abstained.
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DATES: Written comments concerning this proposed amendment are due not 
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:

[[Page 27886]]

(301) 504-0800 or delivered to the Office of the Secretary, Room 501, 
4330 East-West Highway, Bethesda, Maryland 20814. Copies should be 
submitted in five copies and captioned ``Sleepwear Policy Statement.'' 
Comments may also be filed by telefacsimile to (301) 504-0127 or by e-
mail to cpsc [email protected].

FOR FURTHER INFORMATION CONTACT: Patricia Fairall, Program Manager, 
Office of Compliance, Consumer Product Safety Commission, Washington, 
D.C. 20207; telephone (301) 504-0400, extension 1369.

SUPPLEMENTARY INFORMATION:

A. Background

    The Consumer Product Safety Commission enforces two flammability 
standards for children's sleepwear. The flammability standard for 
children's sleepwear in sizes 0 through 6X is codified at 16 CFR Part 
1615. The flammability standard for children's sleepwear in sizes 7 
through 14 is codified at 16 CFR Part 1616.
    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,'' codified at 16 CFR 1615.1(a) 
and 1616.2(a), (1) garments sized for infants nine months of age or 
younger and (2) tight-fitting garments for children older than nine 
months. 61 FR 47634. The Commission found that such tight-fitting 
garments did not present an unreasonable risk of injury. Rather, the 
Commission's information showed that many severe incidents occurred 
with loose-fitting garments such as oversized t-shirts used 
inappropriately as sleepwear. The Commission concluded that garments 
fitting closely and that touch the body at key points should be exempt 
from the sleepwear standards because 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 9, 1998.

B. Clarification

    The Commission has become aware that the garment industry is 
concerned about the policy statements in 16 CFR 1615.64(d) and 
1616.65(d), which suggest segregation of items covered by the 
children's sleepwear standards from all fabrics and garments that are 
beyond the scope of the children's sleepwear standards. The purpose of 
the September 9, 1996 final rule was to allow garments sized for a 
child nine months and under and tight-fitting garments in sizes above 
nine months to be sold and used as sleepwear. Therefore, the Commission 
proposes to modify the policy statements at 1615.64(d) and 1616.65(d) 
to provide that infant garments (defined in the amended sleepwear 
standard at 16 CFR 1615.1(c)(1) as sized for a child nine months and 
under) and ``tight-fitting'' garments (defined in the amended sleepwear 
standard at 16 CFR 1615.1(o) and 1616.2(m)) can be marketed and 
promoted with other sleepwear.
    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 1615.64 and 1616.65 to read 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 1615.64 is amended by revising paragraph (d) 
introductory text to read as follows:


Sec. 1615.64  Policy to clarify scope of the standard.

* * * * *
    (d) Retailers, distributors, and wholesalers, as well as 
manufacturers, importers, and other persons (such as converters) 
introducing a fabric or garment into commerce which does not meet the 
requirements of the flammability standards for children's sleepwear, 
have an obligation not to promote or sell such fabric or garment for 
use as an item of children's sleepwear. Also, retailers, distributors, 
and wholesalers are advised not to advertise, promote, or sell as an 
item of children's sleepwear any item which a manufacturer, importer, 
or other person (such as a converter) introducing the item into 
commerce has indicated by label, invoice, or, otherwise, does not meet 
the requirements of the children's sleepwear flammability standards and 
is not intended or suitable for use as sleepwear. ``Infant garments'' 
as defined by Sec. 1615.1(c) and ``tight-fitting'' garments as defined 
by Sec. 1615.1(o) are exempt from the standard which requires flame 
resistance. They may be marketed as sleepwear for purposes of this 
section. Additionally, retailers are advised:
* * * * *

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

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

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

    2. Section 1616.65 is amended by revising paragraph (d) 
introductory text to read as follows:


Sec. 1616.65  Policy scope of the standard.

* * * * *
    (d) Retailers, distributors, and wholesalers, as well as 
manufacturers, importers, and other persons (such as converters) 
introducing a fabric or garment into commerce which does not meet the 
requirements of the flammability standards for children's sleepwear, 
have an obligation not to promote or sell such fabric or garment for 
use as an item of children's sleepwear. Also, retailers, distributors, 
and wholesalers are advised not to advertise, promote, or sell as an 
item of children's sleepwear any item which a manufacturer, importer, 
or other person (such as a converter) introducing the item into 
commerce has indicated by label, invoice, or, otherwise, does not meet 
the requirements of the children's sleepwear flammability standards and 
is not intended or suitable for use as sleepwear. ``Tight-fitting'' 
garments as defined by Sec. 1616.2(m) are exempt from the standard 
which requires flame resistance. They may be marketed as sleepwear for 
purposes of this section. Additionally, retailers are advised:
* * * * *
    Dated: May 12, 1998.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 98-13028 Filed 5-20-98; 8:45 am]
BILLING CODE 6355-01-P