[Federal Register Volume 64, Number 44 (Monday, March 8, 1999)]
[Proposed Rules]
[Pages 10963-10964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5524]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Parts 1615 and 1616


Amendments of Children's Sleepwear Standards; Possible 
Revocation; Public Hearing

AGENCY: Consumer Product Safety Commission.

ACTION: Proposed revocation of amendments; public hearing.

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SUMMARY: The Commission will conduct a public hearing to receive views 
from all interested parties about its proposed revocation of the 
amendments of the children's sleepwear flammability standards. Oral 
presentations concerning the Commission's proposed revocation will 
become part of the public record.

DATES: The hearing will begin at 10 a.m. on April 22, 1999. Requests 
from members of the public desiring to make oral presentations must be 
received by the Office of the Secretary no later than April 8, 1999. 
Persons desiring to make oral presentations at this hearing must submit 
a written text of their presentations no later than April 15, 1999.

ADDRESSES: The hearing will be in room 420 of the East-West Towers 
Building, 4330 East-West Highway, Bethesda, Maryland 20814. Requests to 
make oral presentations, and texts of oral presentations should be 
captioned ``Proposed Revocation of Children's Sleepwear Amendments'' 
and mailed to the Office of the Secretary, Consumer Product Safety 
Commission, Washington, DC 20207, or delivered to that office, room 
502, 4330 East-West Highway, Bethesda, Maryland 20814. Requests and 
texts of oral presentations may also be filed by telefacsimile to (301) 
504-0127 or by e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: For information about the hearing or 
to request an opportunity to make an oral presentation, call or write 
Rockelle Hammond, Office of the Secretary,

[[Page 10964]]

Consumer Product Safety Commission, Washington, DC 20207; telephone 
(301) 504-0800, extension 1232; telefax (301) 504-0127.

SUPPLEMENTARY INFORMATION: Section 429 of the bill providing fiscal 
year 1999 appropriations for the Commission (Pub. L. 105-276) requires 
the Commission to propose, for comment, to revoke the 1996 amendments 
to the sleepwear standards, along with any subsequent amendments, not 
later than January 19, 1999. 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, Pub. L. 104-121, 
or (6) any other statute or Executive order.
    In accordance with Pub. L. 105-276 the Commission, on January 19, 
1999, 64 FR 2867, proposed to revoke the September 9, 1996 (61 FR 
47634) and subsequent amendments, including the technical amendments 
issued January 19, 1999 (64 FR 2833), and the clarification of 
statement of policy issued January 19, 1999 (64 FR 2832). The 1996 
amendments excluded from the definition of children's sleepwear in the 
flammability of children's sleepwear standards (1) garments sized for 
infants nine months of age or younger, and (2) tight-fitting garments 
for children older than nine months. The 1999 technical amendments 
changed the location on garments where the specified dimensions of 
excluded sleepwear would be measured. The 1999 clarification of policy 
statement allowed infant garments and tight-fitting garments to be 
marketed and promoted with other complying (flame-resistant) sleepwear.
    By letter received February 4, 1999, the National Fire Protection 
Association (``NFPA'') requested an opportunity to present oral 
testimony before the Commission on issues related to the proposed 
revocation. NFPA requested that a date for the oral presentations be 
selected after the public comments on the proposed revocation were due 
(March 22, 1999) and after the GAO report was due (April 1, 1999) so 
that it could review the comments and report before the oral 
proceeding. Similar requests were also received from the American Burn 
Association, the Coalition for American Trauma Care, and the Trauma 
Foundation. The Commission, having considered these requests, agreed 
that although Pub. L. 105-276 does not require an opportunity for oral 
presentations, these requests should be granted.
    Accordingly, the Commission will conduct a public hearing on April 
22, 1999 to receive oral presentations from the public concerning its 
proposed revocation. Persons who desire to make oral presentations at 
the hearing on April 22, 1999, should call or write Rockelle Hammond, 
Office of the Secretary, Consumer Product Safety Commission, 
Washington, DC 20207, telephone (301) 504-0800, telefax (301) 504-0127, 
or e-mail, [email protected], no later than April 8, 1999. Requests for 
copies of the GAO report and the written public comments on the 
proposed revocation should be made at the same phone number and 
address.
    Presentations should be limited to approximately ten minutes. 
Persons desiring to make oral presentations must submit the written 
text of their presentations to the Office of the Secretary not later 
than April 15, 1999. The Commission reserves the right to impose 
further time limitations on all presentations and further restrictions 
to avoid duplication of presentations. The hearing will begin at 10 
a.m. on April 22, 1999, and will conclude the same day.

    Dated: March 2, 1999.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 99-5524 Filed 3-5-99; 8:45 am]
BILLING CODE 6355-01-P