[Federal Register Volume 64, Number 11 (Tuesday, January 19, 1999)]
[Rules and Regulations]
[Pages 2833-2843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1138]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Parts 1615 and 1616


Final 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: Final technical changes.

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SUMMARY: The Commission is amending 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.'' The changes will clarify the points where garment 
measurements should be made.

DATES: The amendments will become effective on February 18, 1999].

FOR FURTHER INFORMATION CONTACT: Marilyn Borsari, Office of Compliance, 
Consumer Product Safety Commission, Washington, D.C. 20207; telephone 
(301) 504-0400, extension 1370.

SUPPLEMENTARY INFORMATION:

A. Background

    The Commission administers two rules issued under section 4 of the 
Flammable Fabrics Act (``FFA''), 15 U.S.C. 1193, that prescribe 
flammability tests for children's sleepwear garments and fabrics 
intended for use in children's sleepwear. The first, issued in 1971 by 
the Secretary of Commerce, covers children's sleepwear in sizes 0 
through 6X. 16 CFR Part 1615. After 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), the Commission issued a 
flammability standard for children's sleepwear in sizes 7 through 14. 
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. 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 T-shirts. 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 expired 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 and the Proposed Rule

    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). Due to the technical nature and narrow scope of this 
proceeding, the Commission concluded that an ANPR would be of no value 
to the public or the Commission.
    Thus, the Commission began this proceeding on May 21, 1998, with a 
notice of proposed rulemaking (``NPR''). 63 FR 27877 (corrected on June 
11, 1998, 63 FR 31950). That notice explained that once manufacturers 
began to design tight-fitting sleepwear that would meet the amendments, 
they

[[Page 2834]]

identified some problems with design and construction of these 
garments. After meeting with industry members and considering various 
suggestions, the staff concluded 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. As explained 
in the NPR, these observations demonstrated that garments made 
according to measurement locations contemplated by the staff were 
wearable, comfortable and suitable for sleeping and play. They also 
demonstrated that making changes to the sweep of the top of a two-piece 
garment by allowing an hourglass silhouette would allow the sweep to 
flare away from the body, exposing the bottom edge when a child raised 
her arms. Thus, the Commission did not propose making any changes to 
the sweep of the garments.

C. Comments on the NPR

    In response to the proposal of May 21, 1998, six written comments 
were received. In addition, nine related comments and several oral 
inquiries were received. The significant issues addressed by these 
comments are discussed below.
1. Issuance of the Amendments
    American Marketing Enterprises, Inc., an importer of childrenswear, 
commented that it agrees to a certain extent with the proposed 
amendments. Similarly, the National Cotton Council, representing cotton 
producers, believes that the proposed technical changes are an 
improvement.
    The Safe Children's Sleepwear Coalition (SCSC), a group formed in 
response to the Commission's decision in 1996 to exempt certain tight-
fitting garments and garments intended for infants from the sleepwear 
flammability standards, commented that it opposes the 1996 amendments. 
SCSC stated that its members ``do not believe any technical changes to 
the amendments can make the new requirements for children's sleepwear 
effective'' and thus ``it would be counter-productive and misleading'' 
to comment on specific measurement protocols. Rather, SCSC would like 
the Commission to rescind the 1996 amendments. The Commission also 
received nine other letters from hospitals, public interest groups, and 
fire or emergency groups asking that the Commission reconsider the 1996 
exemption for tight-fitting and infant garments.
    Garments on children observed by the staff while it was developing 
the proposed technical amendments demonstrated that comfortable, 
practical, snug-fitting sleepwear could be produced with these slight 
changes in the standards. The purpose of the May 21, 1998 proposed rule 
was to propose necessary technical changes that would clarify the 
points where garment measurements should be made.
    The proposed rule has a very narrow scope. The comments of the SCSC 
and the others mentioned above are responding to the broader 1996 
rulemaking and are beyond the scope of the May 21, 1998 notice. 
However, as required by the recent appropriations bill enacted by 
Congress, Pub. L. 105-276, the Commission intends to propose for 
comment a revocation of the September 9, 1996 amendments to the 
standards for the flammability of children's sleepwear and any 
subsequent amendments.
2. Consumer Education Campaign
    Letters received from hospitals, public interest and fire and 
emergency groups were critical of the consumer education campaign 
promised by the American Apparel Manufacturers Association at the time 
the exemption for tight-fitting sleepwear was published. These letters 
said that the ``apparel industry has failed to agree on labeling or 
tight-fitting requirements or design and implement the promised 
educational campaign . . . [and that] it is virtually impossible for 
consumers to judge the relative safety of such sleepwear garments in 
the marketplace.''
    These comments are beyond the scope of the proposed technical 
amendments, but the issue is an important one. AAMA has declined to 
initiate a comprehensive consumer information campaign as originally 
planned with a press conference. AAMA indicated that it is prepared to 
do so when the sleepwear amendments are final and it is satisfied that 
saleable, wearable, and comfortable snug-fitting garments can be 
produced.
    Nevertheless, AAMA is actively distributing the art work for the 
hang tags and reproducing copies of the brochure developed to inform 
consumers about safety and the new snug-fitting sleepwear at the point 
of sale. Early in 1997, AAMA distributed the art work and brochure 
information to 40 organizations (AAMA members, non-members, and other 
interested parties.) Since March 1998, 13 companies have requested the 
art work for the hang tags. Approximately 3,500 brochures have been 
distributed by a major retailer and two major AAMA member companies. On 
December 14, 1998 AAMA issued a holiday press release giving children's 
sleepwear safety tips about snug-fitting and FR sleepwear.
    There is still no formal industry coordination of consumer 
information efforts at this time. However, at trade shows, meetings, 
and in other communications with industry members, the CPSC staff has 
encouraged the use of a consistent message on hang tags to facilitate 
consumer understanding. All known manufacturers of snug-fitting 
sleepwear are marketing their garments with the basic information from 
the AAMA hang tag. Some flame-resistant garments also carry a version 
of this information. The label states ``Fabric and fit are important 
safety considerations for children's sleepwear. Sleepwear should be 
flame resistant or snug-fitting to meet U.S. Consumer Product Safety 
Commission sleepwear requirements.'' Labels further state that the 
garment attached is either flame-resistant or should be worn snug-
fitting. Some retailers have expanded their use of this labeling to 
store displays and have informed their salespeople and customers 
through training courses and in-house publications.
    Also, in November 1998 the Commission issued a video news release 
(VNR) warning about the use of loose-fitting garments, especially T-
shirts, for sleepwear. The VNR also described the safer alternatives 
available under the existing sleepwear regulations--flame-resistant and 
snug-fitting sleepwear--and the hang tags that commonly identify them 
in retail stores.
3. Measurement Standard
    A major retailer commented that ``the measurements proposed by the 
CPSC for sizes 7-14 are based on one university study, rather than 
generally accepted industry standards. Standards CS 53-48 (Girls) and 
CS 51-50 (Boys) should be the applicable measurement standards for 
children's sizes 7-14.''
    The standards recommended in the comment were incorrectly titled. 
The correct titles are CS 153-48 (Girls) and CS 155-50 (Boys). However, 
these are not the latest versions of the former National Bureau of 
Standards (NBS) sizing standards (last updated in 1970 and 1972 before 
the NBS was renamed

[[Page 2835]]

the National Institute of Standards and Technology (NIST)). The most 
recent versions are NBS Voluntary Product Standards PS 54-72 (Girls) 
and PS 36-70 (Boys).
    The snug-fitting dimensions for sizes 7-14 in the children's 
sleepwear standards are based on the latest NBS standards and data from 
the University of Michigan's study ``Anthropometry of Infants, 
Children, and Youths to Age 18 for Product Safety Design.'' The 
majority of the CPSC snug-fitting dimensions match those of the NBS 
standards.
    During an April 25, 1995 meeting with CPSC staff, sleepwear 
industry representatives indicated that they do not adhere to any 
consistent sizing standards. Therefore, CPSC staff developed the snug-
fitting dimensions from the most current and reliable data available 
that pertain to typical body dimensions of children.
4. Upper Arm Dimensions
    Two commenters requested an increase in the upper arm dimensions of 
the snug-fitting requirements. Gap, Inc., a garment producer, 
recommends an increase of \1/4\ inch in the upper arm dimensions of 
baby garments from size 9 months to 36 months (or size 3T) to improve 
comfort and fit. AAMA recommends all upper arm measurements be 
increased 2 inches. AAMA disagrees with Commission staff conclusions 
that saleable, wearable, and comfortable garments can be produced with 
current upper arm dimensions.
    The Commission is not persuaded that an increase in upper arm 
dimensions is needed to produce comfortable, functional garments. 
Previous presentations from AAMA in 1997, requesting an additional 2 
inches in the upper arm dimension, were based on garments made with 
popular interlock fabrics that only had 55% stretch. No further 
technical support was provided with this most recent recommendation, 
and no substantiation was provided for the claim that such an addition 
to the upper arm dimension would not affect safety.
    Fabrics with inadequate stretch are not appropriate for use in this 
style of garment where the fabric must be worn in the stretched 
condition. The best fabrics available for the 1997 staff observations 
worked well in this snug-fitting style with 65%-85% stretch. Some of 
the newer fabrics being introduced to the snug-fitting sleepwear market 
since July 1998 stretch over 100% of their original dimension. This is 
more than enough to ensure comfort and accommodate a child's arm 
motion. Even the additional \1/4\ inch increase in the upper arm 
dimension proposed by Gap appears unnecessary under these 
circumstances.
    While AAMA believes that saleable garments cannot be produced with 
current upper arm dimensions, manufacturers estimate that snug-fitting 
cotton sleepwear accounts for 20-25% of total children's sleepwear 
sales. By these figures, there is a significant market for these 
garments. Manufacturers contacted by the staff were optimistic about 
this market as well.
5. Measurement Method for Upper Arm
    Several commenters suggested that the current method for measuring 
the upper arm (three steps) is complicated and should be reduced to 
two. J.C. Penney commented that the ``upper arm measurement is too 
complicated for factory inspection and will lead to controversy between 
manufacturers, retailers and CPSC enforcement staff.'' J.C. Penney, 
along with AAMA, suggests measuring down the under arm seam 2 inches 
for infants and toddler sizes (12 mos. to 4T) and 3 inches down for 
sizes 4 to 14 before measuring the upper arm. Gap also suggests a 
measurement along the underarm seam as easier to follow and less prone 
to error.
    The Commission recognizes that the measurement method for the upper 
arm is more complicated than for other typical garment dimensions 
measured by the industry. This is because the upper arm of the body is 
defined as a point between the shoulder and the elbow. Sleeves do not 
have elbows; and since some sleeve designs do not have a defined 
shoulder, the shoulder was defined by a logical extension of the side 
seam. The location of the upper arm can then be measured down the 
sleeve according to average body dimensions for each size. The CPSC 
staff observations described in the April 1998 briefing package showed 
this method to produce a fairly accurate match with the upper arm of 
the children wearing the garments.
    AAMA and Gap suggested an easier way to measure the upper arm--a 
specified distance along the underarm sleeve seam. CPSC staff evaluated 
a large sample of snug-fitting garment styles to determine the impact 
of the simplified measurement method. Because the style of the sleeves 
varied, so did the location for the upper arm to be measured by the 
suggested method. In some cases, the upper arm would be measured 
further down the sleeve than where the child's upper arm is, allowing 
the sleeve to be larger or fuller for more of the sleeve than currently 
specified. In other cases, the measurement would be closer to the 
armhole than measurement by the current proposed amendment. This would 
create even more restrictions in the upper sleeve design, already the 
area offering the greatest design challenge to manufacturers.
    Even with the dimensional restrictions of the snug-fitting 
requirements, garment styles vary considerably. Manufacturers could, 
for various sizes of a particular style, determine the distance(s) down 
the underarm seam(s) that coincides with the point(s) where the 
measurement should be made by the standard method. This could provide 
the simplicity of the industry measurement proposals and the accuracy 
and maximum allowance for the upper arm dimension provided by the 
standard method. Because of style variations among garments and 
manufacturers, CPSC would continue to use the standard method for 
measuring the upper arm.
6. Need for Diaper/Training Pant Ease
    J.C. Penney notes that the standard garment dimensions do not allow 
for diaper or training pant ease (an increase in the width of the 
garment in the seat area). An allowable increase in the rise (the 
length of the garment in the seat area) produces ill-fitting garments.
    For garments made of woven fabrics or knits with little or no 
stretch, extra fabric or ease in the seat is necessary for a practical, 
wearable garment. However, with the use of fabrics that stretch 
adequately for this style of garment (85 to 100% stretch), diaper ease 
is unnecessary.
7. Thigh Measurement
    AAMA recommended that the thigh measurement be taken 1 1/2 inches 
below the crotch seam for all sizes instead of 1 inch. Although no 
specific justification was given for the recommendation in this 
comment, AAMA designers provided rationale in an August 14, 1997, phone 
conference. They indicated that because of the changing dimension of 
the pant in this area, the lower measuring point would help with 
getting the correct stride in the pant.
    The Commission is not persuaded to change this measurement point 
further. In developing the proposed technical amendments, the staff 
received input from a wide variety of industry contacts, including 
childrenswear and actionwear design instructors. They indicated that it 
is typical industry practice to measure the thigh 1 inch down on the 
inseam. In August 1997, when AAMA members originally made this 
recommendation, they were still trying to design snug-fitting garments 
with interlock knits

[[Page 2836]]

with inadequate stretch for this garment design. CPSC staff 
observations in 1998 showed that snug-fitting sleepwear on children 
could be made well following the industry practice of measuring 1 inch 
down the inseam. Again, the fabrics used in these successful 
observation garments had considerable stretch (65-85%).
8. Hourglass Silhouette
    Two commenters requested that the bottom sweep (hem of the top) of 
a two piece garment be increased to the standard seat dimension rather 
than the waist dimension. Examples given by the J.C. Penney Company 
showed that the sweep of various sizes of boys and girls garments would 
have to stretch 14 to 28% of their original dimension to fit the hip. 
They noted other problems from their perspective: (1) a questionable 
pajama silhouette, (2) difficulty pulling the top over the head and 
shoulders, (3) the sweep would ride up to the waist with body movement, 
and (4) the fabric would be stretched loose (wrinkled) around the chest 
and waist.
    Gap expressed similar concerns about the exaggerated undersizing of 
the sweep to the waist dimension, especially when factories are already 
manufacturing garments toward a negative ``tolerance''. They observed 
bunching as the garment rides up toward the waist and are concerned 
that this is a safety hazard. They propose that the sweep be less than 
or equal to the standard seat dimension for girls sizes 7 to 14 and 
toddler sizes 2XL and 3XL (similar to 2T and 3T in the standards) for 
reasons of comfort and fit.
    The snug-fitting garment silhouette is very different than the 
silhouette consumers have come to expect for pajamas. One reason the 
Commission wanted the industry to move forward with the consumer 
education campaign was to help consumers make the necessary adjustment 
in their expectations. These snug-fitting garments should be viewed 
realistically and appreciated for the safety of their design.
    CPSC staff observed a variety of snug-fitting garments made of 
different fabrics and by different manufacturers during the development 
of the proposed technical amendments. None of the child models or 
parents, in the case of the infant, had difficulty putting on or 
removing the garments made to the proposed technical amendments.
    The sweep is one of several dimensions for which commenters 
requested increased dimensions to improve fit and comfort. The sweep 
sized to the standard waist dimension has no problem stretching to fit 
the larger hip, if made of fabrics that stretch adequately. Even if the 
sweep is undersized one inch in production (Gap's concern), the J.C. 
Penney examples discussed above must still only stretch approximately 
14-28% of their original dimension. This is a small portion of the 
available stretch of the fabric.
    During the proposal's development, several manufacturers thought 
the hourglass silhouette option might be helpful for larger girls' 
sizes where the seat is considerably larger than the waist, but not 
helpful for other sizes. The staff included the hourglass option in the 
observations because it had the potential to reduce fabric bunching at 
the waist and/or produce a more functional garment.
    For the CPSC staff observations, a girls' size 12 garment was 
constructed with a conservative hourglass silhouette; the sweep was 
equal to the smaller chest dimension required by the standard rather 
than the larger seat dimension. The top of the garment fit nicely while 
the model stood still; however, when she raised her arms or moved 
during the observation, the sweep flared away from the body 
significantly, exposing the bottom edge of the garment.
    All of the garments observed on children by the staff showed some 
wrinkling or bunching of fabric at various points, most commonly around 
the waist, knees and elbows. None of the pajama tops pulled up to the 
waist as anticipated. The concept of snug-fitting was readily defeated 
with the flaring of the sweep of the hourglass silhouette in the 2-
piece garment. For this reason, the Commission declines to increase the 
size of the bottom sweep.
9. Sewing Tolerances
    Three commenters supported the addition of sewing tolerances to the 
standards. American Marketing Enterprises, Inc., commented that 
tolerances are currently used during sewing and manufacturing of knit 
garments. ``It is impossible to not have `plus or minus' tolerances in 
a size specification. . . . [In] CPSC's policy . . . only minus 
tolerances are allowed.'' Manufacturers are forced to undercut these 
already snug fitting garments which results ``in substandard 
garments.'' Not allowing for both a positive and negative tolerance is 
``asking the trade to operate outside of the normal manufacturing 
procedures.''
    AAMA commented that its manufacturers have to undercut garments to 
comply with the published measurements. ``This yields a garment that is 
too tight and will force the consumer to buy a larger size creating new 
safety hazards from garments that are too long.'' Also, the National 
Cotton Council ``strongly believes that there is a need for a sewing 
tolerance.''
    Plus or minus tolerances are normally used in the production of all 
garments and allow for permissible variations to the pattern 
specifications that can occur during cutting or sewing of the garment. 
However, a production tolerance that increases the garment dimensions 
specified in the sleepwear standards would result in a less than snug-
fitting sleepwear garment. The snug fit is important because the ease 
of ignition increases when the wearer's clothing stands away from the 
body. Without a snug fit, if ignition occurs, the oxygen under the 
garment and the absence of a heat sink increase the opportunity for 
sustained burning.
    The garment dimensions specified in the standard are maximum 
dimensions for the seven body locations indicated. Manufacturers are 
allowed to sell snug-fitting sleepwear garments so long as the garment 
dimensions for a specific size are not exceeded. Knit fabrics are 
available with a sufficient degree of stretch that even if the 
manufacturer undercuts the fabric somewhat, the garment will still fit 
the intended size child.
    Snug-fitting sleepwear garments acceptable to consumers have been 
available for purchase since the fall of 1997. Manufacturers are able 
to produce acceptable sleepwear garments through the selective use of 
specific knit fabrics that allow for necessary stretch and recovery. 
These garments hug the body. Through careful planning before and during 
the manufacturing process, manufacturers can build in acceptable 
tolerances to the pattern so that the finished garments will meet the 
required specification after assembly.
10. Shrinkage Tolerances
    The National Cotton Council ``strongly believes that there is a 
need for a * * * 5% shrinkage tolerance.''
    The amount of shrinkage that occurs in a garment varies and is 
dependent on the fiber type (or types in the case of blends), quality 
of fiber, fabric construction and weight, method of manufacture, type 
of finishing process, and subsequent laundering conditions. The 
amendments to the children's sleepwear standards do not specify a 
particular fiber or fabric; therefore, manufacturers may choose among a 
variety of fiber contents, fabric constructions, etc., for snug-fitting 
garments. A 5% tolerance for shrinkage may not be needed for all 
fabrics. Those

[[Page 2837]]

garments with less than 5% shrinkage would be less than snug-fitting 
because they would exceed the maximum dimensions after laundering. In 
addition, with laundering required before measurements could be taken, 
it would be burdensome and impractical for the Commission's staff and 
others to determine compliance at the retail or manufacturing levels.
    Difficulties in controlling shrinkage were previously cited by 
industry members as reasons for allowing positive manufacturing 
tolerances. Manufacturers of successful products this fall are using 
several methods to control the shrinkage of their snug-fitting 
garments: fabric compacting, garment washing, and fabrics made of more 
stable cotton/polyester blends. For these reasons, the Commission 
declines to add tolerances for shrinkage.
11. Fit and Consumer Preference
    The National Cotton Council commented that the proposed amendments 
``do not go far enough in correcting the garment fit problems and could 
be further improved without affecting the safety provided by the 
standard.'' SCSC is concerned that any changes may not help the 
situation because it believes parents will purchase larger sizes and 
defeat the tight fit intended by the rule.
    Neither commenter provided data or other evidence to support its 
position. CPSC staff observations from fittings with real garments and 
children were reported in April 1998. These showed that comfortable, 
functional garments that fit the size child intended can and are being 
produced with the measurement clarifications proposed, and that are 
being made final in this document.
12. Chest Measurement
    Gap proposes that the chest measurement be taken 1 inch below the 
armpit to armpit line. ``Because the armpit is a sewing point, the 
garment is prone to stretching in this area, compromising the accuracy 
of the measurement. The one inch modification will eliminate this 
inaccuracy.''
    Although other industry members have previously mentioned that this 
measurement could be shifted to 1 inch below the armpit, none indicated 
that it was troublesome to have the chest measured at the armpit. For 
that reason, it was not included in the staff observations of snug-
fitting garments for developing the proposed technical amendments. 
During the CPSC fittings reported in April 1998, the staff observed no 
fit or function problems with garments made with chest measurements 
determined at the armpit.
13. Enforcement Sample Size and Tolerances
    Gap commented that clarification of CPSC's enforcement policy is 
necessary to further set quality assurance guidelines. This is 
important, Gap believes, because of the high variability inherent in 
manufacturing knitted products. Specifically, Gap requests the sample 
size and tolerance to be used by the Commission in enforcement testing.
    Measurements defined in the tight-fitting amendments to the 
sleepwear standards refer to maximum dimensions at specified locations 
on garments. There are no positive tolerances specified in the proposed 
amendments. The staff will consider enforcement of these measurements 
on a case-by-case basis, and the staff will exercise enforcement 
discretion where appropriate. The staff will consider the overall 
compliance of the garments and may base enforcement actions on more 
than one garment and/or dimension exceeding the maximum measurement, 
including the frequency and size of the dimensional difference(s).
14. Sleeve Taper Clarification
    During the comment period for the NPR, the Compliance staff 
received several inquiries and comments from the industry regarding the 
design and style of short sleeves and their acceptability under the 
definition of tight-fitting garments. Several industry representatives 
requested clarification about the required tapering of a sleeve that is 
shorter than where the upper arm is to be measured.
    With the proposed technical changes (May 21, 1998), the upper arm 
measurement point is moved from the armpit to a location that more 
closely approximates the true upper arm of a child wearing the garment. 
The proposed location (approximately one quarter length down the 
sleeve) is the midpoint between the shoulder and the elbow. The maximum 
upper arm dimensions remain unchanged.
    The original amendments of September 1996 (Sec. 1615.1(o)(3) and 
Sec. 1616.2(m)(3)) define sleeves of a tight-fitting garment ``which 
diminish in width gradually from the upper arm to the wrist''. The 
upper arm of the garment was measured from the armpit. However, in the 
proposed technical amendments, the upper arm measurement is made 
further down the sleeve. The change, if interpreted literally, allows 
for short or cap sleeves on garments that could realistically end at a 
point above where the upper arm measurement is to be made.
    In order to avoid flaring sleeves and maintain the desired safety 
of the tapering sleeve silhouette, the language describing the sleeve 
is changed to ``which diminish in width gradually from the top of the 
shoulder (point G in diagram 1) [of sections 1615.1(o) and 1616.2(m)] 
to the wrist.'' If a short sleeve ends before the location of the upper 
arm measurement, the sleeve should still taper (rather than flare) 
toward the wrist along the same lines as a long sleeve. This 
clarification reflects the original intent of the amendment.

D. The Technical Changes

    This final rule makes the technical changes that were proposed in 
the NPR. These changes alter some of the locations where measurements 
should be taken to determine if a sleepwear garment is tight-fitting.
    Measurement of Upper Arm. As explained in the NPR, this change will 
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 
this correction, the upper arm will 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 remain unchanged. The amendment only changes 
the location where the upper arm is measured.
    Measurement of Seat. The 1996 sleepwear amendments stated 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 constricted pant in the seat and thigh 
area.
    During the staff observations of children wearing snug-fitting 
garments, 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

[[Page 2838]]

apply both for manufacturers and for Commission enforcement. Thus, the 
Commission is specifying that the seat should be measured 4 inches 
above the crotch for all sizes.
    Measurement of Thigh. The 1996 amendments stated 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 is now specifying 
that the thigh be measured at this point.
    Sleeve Taper. As discussed with the comments above, changing the 
point where the upper arm should be measured may cause confusion in 
interpreting the requirement that sleeves taper from the upper arm. 16 
CFR 1615.1(o)(3); 16 CFR 1616.2(m)(3). Because these technical changes 
will revise the definition of ``upper arm,'' the tapering requirement 
needs to be clarified. Thus, the Commission is revising the tapering 
requirement so that it states that the sleeves must ``diminish in width 
gradually from the top of the shoulder (Point G in Diagram 1) to the 
wrist.''

E. 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.
    As explained in the NPR, the Commission believes that an effective 
date 30 days after publication of final amendments will be in the 
public interest. This provides adequate notice to the public and allows 
for the prompt initiation of these minor adjustments.
    The Commission is not withdrawing or limiting the exemption for 
products in inventory or with the trade as provided by section 4(b) of 
the FFA. The Commission stated in the NPR that manufacturers could use 
the proposed points of measurement in making garments, and the staff 
would not take any enforcement action.

F. Impact on Small Businesses

    As noted in the NPR, 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.
    In the NPR, the Commission certified that the proposed amendments 
to the flammability standards for children's sleepwear would not have a 
significant impact on a substantial number of small businesses or other 
small entities. The Commission is not aware of any basis for changing 
this conclusion.

G. 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, when the Commission issued 
the NPR, it assessed the possible environmental effects associated with 
the proposed amendments to the children's sleepwear standards. The 
Commission determined that neither an environmental assessment nor an 
environmental impact statement was required. The Commission is not 
aware of any information leading to a contrary conclusion.

H. 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 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). Upon application to the Commission, a 
State or local standard may be excepted from this preemptive effect if 
the State or local standard (1) provides a higher degree of protection 
from the risk of injury or illness than the PPPA standard and (2) does 
not unduly burden interstate commerce.
    Thus, the amendments 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 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 
amends 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 the introductory language 
and paragraphs (o) introductory text, (o)(1) and (o)(3) to read as 
follows:


Sec. 1615.1  Definitions.

    In addition to the definitions given in section 2 of the Flammable 
Fabrics Act, as amended (15 U.S.C. 1191), the following definitions 
apply for purposes of this Standard:
* * * * *
    (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,

[[Page 2839]]

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\5/8\)  (11\1/4\)   (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\)
 
               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\)
----------------------------------------------------------------------------------------------------------------

    (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.

BILLING CODE 6355-01-P

[[Page 2840]]

[GRAPHIC] [TIFF OMITTED] TR19JA99.015



BILLING CODE 6355-01-C

                                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 21/8''...  6.6 cm 25/8''    7.4 cm 27/8''    7.4 cm 27/8''    8.1 cm 31/4''    8.8 cm 31/2''    9.5 cm 31/4''       10.3cm 4''     11 cm 43/8''
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (E) Seat--Fold the front of the pant in half to find the bottom of 
the crotch at J as in 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 
Diagram 3. 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 Diagram 2. Unfold the garment and measure the 
thigh from the inseam at N to O as shown in Diagram 3.
    (G) Ankle--measure the width of the end of the leg (P to Q), if 
intended to extend to the ankle, as in Diagram 3.

BILLING CODE 6355-01-P
[GRAPHIC] [TIFF OMITTED] TR19JA99.016



[[Page 2841]]


BILLING CODE6355-01-C
* * * * *
    (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 top of the shoulder (point G in 
Diagram 1) to the wrist;

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 the introductory language 
and paragraphs (m) introductory text, (m)(1) and (m)(3) to read as 
follows:


Sec. 1616.2  Definitions.

    In addition to the definitions given in section 2 of the Flammable 
Fabrics Act, as amended (15 U.S.C. 1191), the following definitions 
apply for purposes of this Standard:
* * * * *
    (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\)
 
            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....................       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)
 

[[Page 2842]]

 
          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\)
 
           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.

BILLING CODE 6355-01-P
[GRAPHIC] [TIFF OMITTED] TR19JA99.017


BILLING CODE 6355-01-C

               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\5/8\''      4\3/4\''      4\7/8\''           5''      5\1/8\''      5\3/8\''      5\5/8\''
----------------------------------------------------------------------------------------------------------------

    (E) Seat--Fold the front of the pant in half to find the bottom of 
the crotch at J as in 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

[[Page 2843]]

crotch. Unfold the garment as in Diagram 3. 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 Diagram 2. Unfold the garment and measure the 
thigh from the inseam at N to O as shown in Diagram 3.
    (G) Ankle--measure the width of the end of the leg (P to Q), if 
intended to extend to the ankle, as in Diagram 3.

BILLING CODE 6355-01-P
[GRAPHIC] [TIFF OMITTED] TR19JA99.018


BILLING CODE 6355-01-C
* * * * *
    (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 top of the shoulder (point G in 
Diagram 1) to the wrist;

    Dated: January 13, 1999
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 and Enforcement Policy 
Amendments--Analysis of Public Comments and Proposed Final Rules,'' 
January 5, 1999.
    2. Memorandum from Michael A. Greene, Ph.D., Directorate for 
Epidemiology and Health Sciences, ``Update to the Proposed Technical 
Changes To Sleepwear Standard Briefing Package,'' December 18, 1998.
    3. Memorandum from Margaret Neily, Project Manager, Directorate 
for Engineering, to File, ``Analysis of Public Comments on Proposed 
Technical Amendments to the Children's Sleepwear Amendments,'' 
November 30, 1998.
    4. Memorandum from Terrance R. Karels, Directorate for Economic 
Analysis, to Margaret Neily, ES, ``Sleepwear Market,'' December 10, 
1998.
    5. Memorandum from Terrance R. Karels, Directorate for Economic 
Analysis, to Margaret Neily, ES, ``Revisions to the Children's 
Sleepwear Amendments,'' December 10, 1998.
    6. Memorandum from Carolyn Meiers, ESHF, to Margaret Neily, ES, 
``Response to Comments on Notice of Proposed Rulemaking Regarding 
Changes to the Amendments for Children's Sleepwear,'' December 3, 
1998.
    7. Memorandum from Linda Fansler, Division of Engineering, to 
Margaret L. Neily, ES, ``Response to Comments on Technical 
Amendments to the Children's Sleepwear Standards,'' November 25, 
1998.
    8. Memorandum from Marilyn Borsari, Compliance Officer, to 
Margaret L. Neily, ES, ``Clarification of sleeve taper/short sleeve 
garments and enforcement policy regarding sample size and 
tolerance,'' December 7, 1998.
    9. Memorandum from Marilyn Borsari, Compliance Officer, to 
Margaret LO. Neily, Project Manager, ``Clarification of Proposed 
Clarification of Statement of Policy,'' December 7, 1998.

[FR Doc. 99-1138 Filed 1-15-99; 8:45 am]
BILLING CODE 6355-01-P