[Federal Register Volume 64, Number 11 (Tuesday, January 19, 1999)]
[Proposed Rules]
[Pages 2867-2868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1140]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Parts 1615 and 1616


Proposed Revocation of Amendments; 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 Revocation of Amendments.

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SUMMARY: As directed by the fiscal year 1999 appropriations legislation 
for the Departments of Veterans Affairs and Housing and Urban 
Development, and several independent agencies, including the Consumer 
Product Safety Commission, the Commission proposes to revoke certain 
amendments to the standards for the flammability of children's 
sleepwear, sizes 0 through 6X and sizes 7 through 14.

DATES: Written comments concerning this proposed revocation are due not 
later than March 22, 1999.

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 Revocation.'' 
Comments may also be filed by telefacsimile to (301) 504-0127 or by e-
mail to [email protected].

FOR FURTHER INFORMATION CONTACT: Margaret L. Neily, Project Manager, 
Directorate for Engineering Sciences, Consumer Product Safety 
Commission, Washington, D.C. 20207; telephone (301) 504-0508, extension 
1293.

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. In addition, on January 12, 1999, the Commission 
voted to issue technical changes to the September 9, 1996 amendments. 
At the same time, the Commission amended the policy statements at 16 
CFR 1615.64(d) and 1616.65(d) so that infant garments and tight-fitting 
garments can be marketed and promoted with other sleepwear.

B. Legislation

    The bill providing fiscal year 1999 appropriations for the 
Commission and other agencies was enacted on October 21, 1998. Public 
Law 105-276. Section 429 of that law requires the Commission to 
propose, for comment, to revoke the 1996 amendments to the sleepwear 
standards, along with any subsequent amendments, not later than 90 days 
after October 21, 1998. The law also requires the General Accounting 
Office (``GAO'') to review burn incident data from the ignition of 
children's sleepwear from small open-flame sources for the period July 
1, 1997 through January 1, 1999. The review must be completed by April 
1, 1999 and be submitted to the Congress and the Commission.
    Based on the GAO findings and other available information, the 
Commission is required to issue a final rule by July 1, 1999. The final 
rule must (1) revoke, (2) maintain, or (3) modify the 1996 and other 
later amendments of the flammability standards for children's 
sleepwear. The rulemaking conducted with respect to this matter is not 
subject to (1) the Consumer Product Safety Act, 15 U.S.C. 2051 et seq., 
(2) the Flammable Fabrics Act, 15 U.S.C. 1191 et seq., (3) the 
Regulatory Flexibility Act, 5 U.S.C. 601 et seq., (4) the National 
Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq., (5) the Small 
Business Regulatory Enforcement Fairness Act of 1996, Public Law 104-
121, or (6) any other statute or Executive order.
    Based on the foregoing, the Commission proposes to revoke the 
September 9, 1996 amendments, and subsequent amendments, including the 
technical amendments and the amendment to the policy statements. The 
following amendments would reinstate the substance of flammability 
standards for children's sleepwear as they existed before the 1996 and 
later amendments.

List of Subjects in 16 CFR Parts 1615 and 1616

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

Conclusion

    Pursuant to Public Law 105-276, 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. Paragraph 1615.1 is amended by removing paragraph (c).
    3. Paragraphs 1615.1(d) through (n) are redesignated paragraphs 
1615.1(c) through (m), respectively.
    4. Section 1615.1 is amended by removing paragraph (o) and revising 
paragraph (a), to read as follows:


Sec. 1615.1  Definitions.

* * * * *
    (a) Children's Sleepwear means any product of wearing apparel up to 
and including size 6X, such as nightgowns, pajamas, or similar or 
related items, such as robes, intended to be worn primarily for 
sleeping or activities related to sleeping. Diapers and underwear are 
excluded from this definition.
* * * * *
    5. 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

[[Page 2868]]

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. Additionally, retailers are advised:
* * * * *

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 removing paragraph (m) and revising 
paragraph (a) to read as follows:


Sec. 1616.2  Definitions.

* * * * *
    (a) Children's sleepwear means any product of wearing apparel size 
7 through 14, such as nightgowns, pajamas, or similar or related items, 
such as robes, intended to be worn primarily for sleeping or activities 
related to sleeping. Underwear and diapers are excluded from this 
definition.
* * * * *
    3. 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. Additionally, 
retailers are advised:
* * * * *
    Dated: January 13, 1999.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 99-1140 Filed 1-15-99; 8:45 am]
BILLING CODE 6355-01-P