[Federal Register Volume 64, Number 11 (Tuesday, January 19, 1999)]
[Rules and Regulations]
[Pages 2832-2833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1139]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Parts 1615 and 1616


Final 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: Final Clarification of Statement of Policy.

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SUMMARY: The Commission amends the policy statements at 16 CFR 
1615.64(d) and 1616.65(d) 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.

DATES: This clarification of statements of policy shall become 
effective January 19, 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 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 47,634. 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 expired 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 
proposed on May 21, 1998 (63 FR 27885) 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.
    One comment was received on the proposed clarification to the 
sleepwear segregation policy. This comment, from the National Cotton 
Council, supported the proposed clarification. The comment stated that 
the amendment is necessary to prevent confusion to the consumer that 
would come from not allowing infant and tight-fitting sleepwear to be 
marketed and promoted as sleepwear. The Commission is unaware of any 
reason not to issue the amendments, and thus, by this notice, the 
amendments are issued, as they were proposed, in final form.

C. Effective date

    Because this document issues statements of policy, the requirement 
of 5 U.S.C. 553(d) that the effective date of substantive rules shall 
not be less than 30 days from their date of publication is not 
applicable. Consequently, these amended policy statements shall become 
effective upon their publication in the Federal Register.

D. Issuance

    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 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 1615.64 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

[[Page 2833]]

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: January 13, 1999.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 99-1139 Filed 1-15-99; 8:45 am]
BILLING CODE 6355-01-P