Standard for the Flammability of Children's Sleepwear: Sizes 0 Through 6X; Standard for the Flammability of Children's Sleepwear: Sizes 7 Through 14

CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Parts 1615 and 1616

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 amendments.

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SUMMARY: The Commission proposes to amend flammability standards

applicable to children's sleepwear in sizes 0 through 6X and sizes 7

through 14. The amendments proposed below would revise the definition

of ``children's sleepwear'' in the standard for sizes 0 through 6X to

exclude garments in some infant sizes and tight-fitting garments from

the products which are subject to the standard, and would revise the

definition of ``children's sleepwear'' in the standard for sizes 7

through 14 to exclude ``tight-fitting garments.'' The Commission is

proposing these amendments because it has reason to believe that the

existing children's sleepwear standards may not be limited to those

sleepwear garments which present an unreasonable risk of burn deaths

and injuries. Information available to the Commission indicates that by

removing certain garments which do not present that unreasonable risk

of injury, the proposed amendments would afford consumers a wider

selection of sleepwear garments for children without diminishing the

protection provided by the children's sleepwear standards.1

\1\The Commission voted 2-1 to propose amendments of the

children's sleepwear flammability standards, Chairman Ann Brown

dissenting.

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DATES: (1) Written Comments concerning the proposed amendments should

be received by the Commission not later than January 9, 1995. (2) The

Commission will provide opportunity for oral presentations of data,

views, and arguments concerning the proposed amendment at a date to be

announced.

ADDRESSES: Written comments concerning the proposed amendments should

be mailed to the Office of the Secretary, Consumer Product Safety

Commission, Washington, DC 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 ``Amendment of Children's Sleepwear Standards.''

FOR FURTHER INFORMATION CONTACT: Terrance R. Karels, Directorate for

Economic Analysis, Consumer Product Safety Commission, Washington, DC

20207; telephone (301) 504-0962, extension 1320.

SUPPLEMENTARY INFORMATION:

A. Background

Provisions of the Flammable Fabrics Act (FFA) (15 U.S.C. 1191 et

seq.) authorize issuance of flammability standards and regulations to

protect the public from unreasonable risks of death, injury, and

property damage from fires associated with products of wearing apparel

made from fabric and related materials.

In 1971, the Secretary of Commerce issued a flammability standard

for children's sleepwear in sizes 0 through 6X to protect young

children from death and serious burn injuries which had been associated

with ignition of sleepwear garments, such as nightgowns and pajamas, by

small open-flame sources. The standard for sleepwear in sizes 0 through

6X became effective in 1972 and is now codified at 16 CFR part 1615. In

1973, authority to issue flammability standards under provisions of the

FFA was transferred from the Department of Commerce to the Consumer

Product Safety Commission by section 30(b) of the Consumer Product

Safety Act (CPSA) (15 U.S.C. 2079(b)). In 1974, the Commission issued a

flammability standard for children's sleepwear in sizes 7 through 14.

That standard became effective in 1975 and is now codified at 16 CFR

part 1616.

Both standards prescribe a test which requires that specimens of

fabrics, seams, and trim of children's sleepwear garments must self-

extinguish after exposure to a small-open flame. Both standards require

manufacturers of children's sleepwear subject to their provisions to

test prototypes of sleepwear garments with acceptable results before

beginning production. Both standards also require manufacturers to

sample and test garments from regular production. Failure to comply

with the sampling and testing requirements of the standards is a

violation of section 3 of the FFA (15 U.S.C. 1192). The standards do

not require or prohibit the use of any particular type of fabric or

garment design as long as the manufacturer successfully completes the

prescribed prototype and production testing.

Each standard defines the term ``children's sleepwear'' to mean

``any product of wearing apparel'' in the sizes covered by the standard

``such as nightgowns, pajamas, or similar or related items, such as

robes, intended to be worn primarily for sleeping or activities related

to sleeping.'' Each standard excludes diapers and underwear from its

coverage. See 16 CFR 1615.1(a) and 1616.2(a).

B. Garments Subject to the Sleepwear Standards

Before the effective date of the standard for children's sleepwear

in sizes 0 through 6X, questions arose about the specific types of

garments which are subject to the requirements of that standard because

they are ``intended to be worn primarily for sleeping and activities

related to sleeping.'' To respond to those questions, the Federal Trade

Commission (FTC), the agency responsible for enforcement of the

standard at that time, published an enforcement polity statement in the

Federal Register of March 23, 1972 (37 FR 5982). Briefly summarized,

that policy statement announced that in determining whether a garment

is ``intended to be worn primarily for sleeping or activities related

to sleeping'' the FTC would consider (1) the nature of the garment and

its suitability for use by children for sleeping or activities related

to sleeping; (2) the manner in which the garment is distributed and

promoted; and (3) the likelihood that the garment will be used by

children for sleeping or activities related to sleeping in a

substantial number of cases.

After the Commission issued the flammability standard for

children's sleepwear in sizes 7 through 14, the agency became aware of

various ``borderline'' garments which may or may not be intended

``primarily for sleeping or activities related to sleeping.'' Some of

these garments were described in packaging, labeling, and advertising

as ``playwear,'' ``daywear,'' or ``underwear.'' Because the FTC policy

statement applied only to sleepwear garments in sizes 0 through 6X, the

Commission decided to issue a new policy statement concerning the scope

of the standard for sleepwear in sizes 7 through 14, and to revise and

reissue the policy statement concerning the scope of the standard for

sizes 0 through 6X.

The Commission published a proposed revision of the policy

statement concerning the scope of the sleepwear standard for sizes 0

through 6X and a new policy statement concerning the scope of the

standard for sizes 7 through 14 in 1979; in 1980 the Commission issued

final policy statements. Those policy statements were the subject of an

action for judicial review and were set aside by a U.S. Court of

Appeals in 1981. See National Knitwear Manufacturers Association v.

CPSC, 606 F2d 81 (4th Cir. 1981).

In 1984, the Commission issued new policy statements to replace the

ones set aside on judicial review. The Commission's 1984 policy

statements incorporate and amplify the factors which were identified in

the FTC policy as relevant to determining whether a garment is an item

of ``children's sleepwear'' because it is intended to be worn

``primarily for sleeping and activities related to sleeping.''

(1)2 The 1984 policy statements are codified at 16 CFR 1615.64 and

1616.65.

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\2\Numbers in parentheses identify reference documents listed in

Bibliography at the end of this notice. Requests for inspection of

any of these documents should be made at the Commission's Public

Reading Room, 4330 East-West Highway, room 419, Bethesda, Maryland

20814, or by calling the Office of the Secretary (301) 504-0800.

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The Commission's issuance of policy statements in 1983 did not

definitively resolve all questions about the differences between those

children's garments which are sleepwear and are subject to the

sleepwear standards and those which are not. In 1984, the Commission

staff developed a pamphlet entitled Enforcement Policy on Children's

Sleepwear, which described and illustrated various styles of sleepwear

and non-sleepwear garments. Since its initial publication, the

Commission staff has revised this pamphlet five times. The last

publication was in 1989, entitled Supplemental CPSC Staff Guide to the

Enforcement Policy Statements of the Flammability Standard for

Children's Sleepwear (2).

Nevertheless, the Commission staff continued to receive a large

volume of inquiries about the status of particular garments as

sleepwear or non-sleepwear as well as complaints about alleged

violations of the children's sleepwear standards by firms manufacturing

or importing garments which were subject to the standards' definitions

of ``children's sleepwear'' but which did not meet the requirements of

the applicable standard. During the same time, the staff also became

aware of an increased demand by consumers for children's sleepwear made

from 100 per cent untreated cotton fabric. Although the standards do

not prohibit any specific type of fabric in the production of

children's sleepwear, 100 per cent cotton fabric cannot pass the

flammability tests in the standards unless treated with a flame

retardant.

In 1991, the Commission decided to re-examine the scope of the

children's sleepwear standards and to consider the possibility of

amending the definitions of the term ``children's sleepwear'' in the

two standards. This undertaking resulted in the initiation of this

rulemaking proceeding in 1993.

C. Statutory Provisions

Section 4(g) of the FFA (15 U.S.C. 1193(g)) provides that a

proceeding for issuance or amendment of a flammability standard is

initiated by publication in the Federal Register of an advance notice

of proposed rulemaking (ANPR). Section 4(g) of the FFA requires that

the ANPR must describe the product and the risk of injury under

consideration; summarize the regulatory alternatives being considered;

provide information about existing standards which may be relevant;

invite interested persons to submit comments on the product, risk of

injury, and regulatory alternatives under consideration; invite

interested persons to submit an existing standard or portion of a

standard to the Commission for publication as the proposed standard or

amendment; and invite interested persons to submit a statement of

intent to develop or modify a voluntary standard to address the risk of

injury under consideration.

If the Commission decides to continue the proceeding after

consideration of comments and submissions received in response to the

ANPR, section 4(i) of the FFA requires the Commission to publish a

notice of proposed rulemaking (NPR). The NPR must set forth the text of

the proposed rule and a preliminary regulatory analysis containing a

discussion of the anticipated benefits and costs of the proposed rule

and other regulatory alternatives considered by the Commission.

Provisions of section 4(d) of the FFA provide that interested persons

shall be given the opportunity to make oral presentations of data,

views, or arguments as well as to submit written comments on the

proposed rule.

To issue a final standard or amendment, section 4(j) of the FFA

requires the Commission to publish a notice of final rulemaking setting

forth the text of the final rule and the Commission's final regulatory

analysis of costs, benefits, and alternatives to the rule. Section 4(j)

also requires that the notice of final rulemaking must contain the

Commission's findings with regard to the provisions and extent of

compliance with any voluntary standard that may be applicable to the

risk of injury under consideration. Additionally, section 4(b) of the

FFA requires the notice of final rulemaking to contain findings that

the standard or amendment is needed to protect the public from the

unreasonable risk of death, injury, or significant property damage from

fires associated with the fabric or product under consideration; is

reasonable, technologically practicable and appropriate; and is limited

to those fabrics or products which have been determined to present an

unreasonable risk of death, injury, or significant property damage.

D. Publication of ANPR

The Commission began this proceeding to consider amendment of the

children's sleepwear standards by publication of an ANPR in the Federal

Register of January 13, 1993 (58 FR 4111). The ANPR identified the

products under consideration as children's sleepwear garments in sizes

0 through 14, and the risk of injury as death or personal injury from

fires resulting from ignition of children's sleepwear (4).

As required by section 4(g) of the FFA, the ANPR also described the

regulatory alternatives being considered by the Commission. Briefly

summarized, the alternatives listed in the ANPR were:

(1) Amendment of the children's sleepwear standards to exempt

tight-fitting sleepwear garments and sleepwear garments in infant

sizes. Children's sleepwear garments exempted from the requirements of

the sleepwear standard would be subject to the provisions of the

Standard for the Flammability of Clothing Textiles (16 CFR part 1610).

That standard prohibits the manufacture, importation, or sale of

garments which are ``dangerously flammable because of rapid and intense

burning,'' but does not require garments to self-extinguish when

exposed to a small open-flame ignition source, or

(2) Issuance of an enforcement policy statement to announce that

the Commission will not apply the requirements of the children's

sleepwear standards to tight-fitting sleepwear garments and garments in

infant sizes as long as those garments meet the requirements of the

clothing textiles flammability standard.

Section 4(g) also requires the ANPR to include information about

all standards known by the Commission to be relevant to the proceeding.

The ANPR discussed provisions of flammability standards for children's

sleepwear issued by Australia, Canada, and New Zealand. The Canadian

and New Zealand standards have less stringent flammability performance

requirements for tight-fitting children's sleepwear garments than for

loose-fitting children's sleepwear. The Canadian standard also makes

special provisions for sleepwear garments in infant sizes and

children's sleepwear intended for use in hospitals. It is noteworthy

that there have been no burn deaths associated with children's

sleepwear reported in Canada since its standard was promulgated in

1987.

At the same time the Commission published the ANPR, it also

announced that it would not enforce the children's sleepwear standards

in instances involving garments in sizes 0 through 14 which are labeled

and marketed as ``underwear'' if those garments are skin-tight or

nearly skin-tight and are essentially identical in design and fit to

underwear garments (5). See 58 FR 4078, January 13, 1993.

E. Response to ANPR

In response to the ANPR, the Commission received more than 2,100

written comments from individuals, firms, and organizations. Comments

were received from all 50 states, the District of Columbia, Puerto

Rico, the U.S. Virgin Islands, and from United States citizens living

abroad (3), (6). More than 95 percent of these comments favored

modification of the standards to exempt some or all children's

sleepwear garments from their requirements. More than one-third of all

comments received in response to the ANPR were in the form of prepared

letters with space for the commenter's name, or letters that were

identical in their wording (3), (6).

The significant issues raised by those comments and the

Commission's assessment of those issues is set forth below.

1. Should Consumers Be Able To Purchase Non-Complying Sleepwear

Garments if They Desire?

Several comments express the view that consumers should be able to

purchase children's sleepwear which does not meet the flammability

requirements of the children's sleepwear standards-- specifically,

children's sleepwear made from untreated 100 percent cotton--rather

than garments which are manufactured to comply with the children's

sleepwear standards if they choose to do so. Many of these comments

state that parents are the parties with primary responsibility for

their children's safety. A large number of comments from consumers

stated that parents prefer to dress their children in cotton garments

for sleeping. Reasons given for preferring untreated 100 percent cotton

sleepwear include lower price, increased comfort to the wearer, and the

avoidance of skin irritation or unpleasant odors which some comments

assert are associated with certain man-made fabrics or fabrics with

flame-retardant treatment. Some of these comments express the view that

both children's sleepwear standards should be revoked in their entirety

(6).

Other comments express the view that the government has a duty to

establish mandatory safety requirements to protect children from risks

of death and serious injury, and that consumer preference must yield to

mandatory requirements needed to protect children from serious burn

hazards (6).

Some comments urge the Commission to extend the flammability

requirements of the children's sleepwear standards to cover other

children's garments--specifically garments made from light-weight

fabrics and long underwear (6).

The Commission observes that section 4 of the FFA (15 U.S.C. 1193)

authorizes the agency to issue or amend mandatory requirements for the

flammability of wearing apparel only when such requirements are

``needed to adequately protect the public against unreasonable risk of

the occurrence of fire leading to death, injury, or significant

property damage.'' (Emphasis added.) If a flammability standard has

been issued under the FFA to address an unreasonable risk of fire

deaths or injuries associated with a particular type or class of

garments, that standard cannot be amended or revoked solely to

accommodate consumer preference for noncomplying garments.

However, section 4 of the FFA further requires that in order to

issue or amend a standard, the Commission must find, among other

things, that the standard or amendment is ``limited'' to include only

those garments which have been determined to present an ``unreasonable

risk'' of burn deaths or injuries, or significant property damage.

Consequently, if the coverage of the children's sleepwear standards

currently includes garments which do not present an unreasonable risk

of fire leading to death, injury, or significant property damage, the

Commission concludes that the scope of the standards could be narrowed

to remove those garments from the coverage of the standards.

For the same reasons, a flammability standard cannot be broadened

to include other types of garments unless the Commission finds that

those other types of garments present an ``unreasonable risk'' of fire

resulting in death, injury, or significant property damage.

In the course of this rulemaking proceeding, the Commission has

reviewed information about burn injuries and deaths associated with

children's sleepwear garments and other types of children's clothing

since 1980. On average, each year about four children younger than

fifteen years of age died from fires associated with clothing of all

types (10).

From its review of burn injury data, the Commission estimates that

on average, about 1,150 children were treated each year in hospital

emergency rooms for burn injuries associated with clothing of all types

during the period from 1980 through 1993. Of that total, the Commission

estimates that each year, about 90 burn injuries to children were

associated with sleepwear, about 860 were associated with day wear, and

about 200 were associated with other types of clothing or unspecified

types of clothing (10).

From available data, the Commission estimates that virtually no

infants younger than one year old were treated in hospital emergency

rooms for burn injuries associated with clothing. The Commission also

found that most thermal burn injuries associated with sleepwear

involved females, whereas most burn injuries associated with daywear

involved males. Thermal burn injuries from nightwear were usually

associated with nightgowns or pajamas that probably were not tight-

fitting (10).

This review of information about burn deaths and injuries

associated with children's clothing suggests that the children's

sleepwear standards in their current form may cover certain garments

which do not present an unreasonable risk of burn deaths or injuries:

specifically, sleepwear garments for infants younger than one year of

age, and some tight-fitting sleepwear garments for children ranging in

age from one to about fifteen years old.

This information also indicates that notwithstanding the existence

of mandatory flammability requirements for children's sleepwear for

more than 20 years, burn injuries to children continue to be associated

with sleepwear, particularly nightgowns and pajamas (10). For this

reason, the Commission concludes that the injury data do not support

revocation of the children's sleepwear standards in their entirety.

Finally, from this review of information about burn deaths and

injuries, the Commission is unable to identify other specific types of

children's clothing which may present an unreasonable risk of burn

deaths or injuries. For this reason, the Commission is unable to find

support from the injury data for extension of the requirements of the

children's sleepwear standards to other types of children's garments.

2. Can the Protection Afforded to Children by the Sleepwear Standards

Be Maintained if Garments in Infant Sizes and Tight-Fitting Garments

Are Exempted From the Standards?

This question is the principal issue raised by the ANPR and was the

subject of many comments. In order to address this issue, the

Commission must also consider its correlative: To what extent have the

sleepwear standards prevented burn deaths and injuries to children?

After careful consideration of the events leading to issuance of

the children's sleepwear standards and all available information about

burn injuries and deaths associated with children's sleepwear, the

Commission is not able to estimate quantitatively the number of burn

deaths and injuries which may have been avoided because of the

requirements of those standards. Statistically projectable data are not

available about the numbers of deaths and burn injuries associated with

children's sleepwear before the issuance of the standard for sizes 0

through 6X (6). Data compiled by the Commission show a measurable

reduction in burn deaths and injuries associated with all types of

clothing, including children's sleepwear, during the past 20 years (6).

However, as many commenters observed, the household environment has

also changed during that time period. The number of persons who smoke

cigarettes has declined, contributing to a reduction in the number of

lighters and matches in the nation's households (6), (14). Voluntary

standards have been issued or revised to address many sources of

ignition in the household, including gas-fueled ranges and space

heaters and kerosene heaters. As noted in the ANPR, sales of both gas-

fueled ranges and kerosene heaters have declined in recent years (4).

After considering all available information, the Commission has

reason to believe that the children's sleepwear standards have

contributed to the general decline in burn deaths and injuries

associated with clothing, but cannot quantitatively assess the extent

of that contribution.

a. Can Sleepwear Garments for Infants Be Exempted From the Standard for

Sizes 0 Through 6X Without Reducing the Level of Protection That

Standard Provides?

Many comments urge the Commission to exempt sleepwear garments

intended to be worn by infants younger than one year old from the

requirements of the standard. These comments observe that infants who

are not capable of moving by themselves are not at risk of exposing

their clothing to an ignition source (6).

Another group of comments opposes exempting garments in infant

sizes. These comments state that the Commission considered and rejected

such an exemption in 1978. Other comments opposed to such an exemption

state that sleepwear garments for infants are not labeled to specify

the age of the intended wearer, but rather the body measurements of the

intended wearer (6).

The Commission has reviewed information about burn deaths and

injuries to children younger than one year old associated with

sleepwear, including a report prepared in 1978 in conjunction with a

proposed exemption for sleepwear garments smaller than size 1 (11). The

1978 report discussed 66 cases in which children younger than one year

old sustained burn injuries associated with clothing. In ten cases, the

clothing involved was specifically identified as sleepwear; nine of

these involved whole-house conflagrations and the other involved a

home-made sleepwear garment. Consequently, none of these cases involved

risks of injury which the sleepwear standards were intended to address.

In all but two of the ten cases involving sleepwear garments, the burn

victims were older than six months (11).

After considering comments received in response to the ANPR (6),

child development literature (12), and available injury data (10), the

Commission finds that the sleepwear garments intended for children

younger than six months of age may not present an unreasonable risk of

burn deaths or injuries to children. For this reason, the Commission

has reason to believe that the standard for sizes 0 through 6X in its

existing form may not be limited to those garments which present an

unreasonable risk of fire leading to death, personal injury, or

significant property damage, as required by section 4(b) of the FFA.

Consequently, the Commission has preliminarily decided that garments in

sizes suitable for children younger than six months of age could be

exempted from the requirements of the sleepwear standard for sizes 0

through 6X without decreasing the protection afforded by that standard.

The Commission also concludes that the exemption should be stated in

terms of maximum dimensions for the chest and length of the garment.

Separate maximum length dimensions are specified for one-piece and two-

piece garments. The maximum dimensions specified were selected by

considering body sizes of children approximately six months old as set

forth in ASTM standard D 4910-89 ``Standard Tables of Body Measurements

for Infants, Ages 0 to 18 months,'' published by ASTM (formerly the

American Society for Testing and Materials) (12).

The proposed amendment also requires that an exempted infant

garment must be labeled with the words and figures ``0 to 6 mos.'' The

label required by the proposed amendment is for the use of the

Commission staff when determining whether a garment is exempted from

the requirements of the children's sleepwear standard because it is

intended to be worn by infants younger than six months old. For this

reason, it is not required to be permanently attached to the garment,

but must be visible to the consumer when the garment is offered for

sale at retail.

In addition to meeting the dimensional and labeling requirements,

garments in infant sizes must meet the applicable requirements of the

flammability standards for clothing textiles and vinyl plastic film (16

CFR parts 1610 and 1611) to be eligible for the exemption from the

children's sleepwear standard made by the amendment proposed below.

b. Can Tight-Fitting Garments Be Exempted From the Sleepwear Standards

Without Reducing the Protection They Provide?

Many of the comments favoring exemption of tight-fitting garments

from the children's sleepwear standard express the view that cotton

sleepwear is as safe or safer than sleepwear which complies with the

applicable standard. Other comments express support for an exemption of

tight-fitting garments from the sleepwear standards if available

information demonstrates that such an exemption would not reduce the

protection against burn injuries provided by the standards. A small

number of comments express the view that the standards should not be

changed because they have effectively reduced risks of serious burn

injuries to children from ignition of sleepwear garments (6).

After careful consideration of all comments on this issue (6),

technical literature (8), (11), injury data (10), and provisions of

sleepwear standards in Australia, Canada, New Zealand and the United

Kingdom (11), the Commission concludes that tight-fitting garments

could be exempted from the standards without reducing the level of

protection against burn injuries which they provide to children.

Currently available information from technical literature

demonstrates that tight-fitting garments are less likely to contact an

ignition source and, if ignited, burn less rapidly than loose-fitting

garments (8), (11). Burn injury data indicate that in the event of

clothing ignition, burn injuries associated with close-fitting garments

are less severe than those associated with loose-fitting garments (10).

As noted in the ANPR, the Canadian standard for children's

sleepwear prescribes flammability requirements for pajamas, nightgowns,

and robes which are similar to the requirements of the sleepwear

standards codified at 16 CFR parts 1615 and 1616. However, the Canadian

standard provides that close-fitting polo pajamas and sleepers, as well

as sleepwear garments in infant sizes and sleepwear garments used in

hospitals shall meet less stringent flammability requirements which are

similar to those of the standard for clothing textiles codified at 16

CFR part 1610 (4).

By letter dated September 13, 1993, the Director of Product Safety

of the Canadian government advised the Commission that since

promulgation of the Canadian sleepwear standards in 1987, no burn

deaths associated with children's sleepwear have been reported in

Canada. The Director of Product Safety added that a planned five-year

study to collect data about burn injuries associated with children's

sleepwear in Canada had been discontinued because of a lack of burn

cases (11).

For these reasons, the Commission concludes that to the extent the

children's sleepwear standards in their current form are applicable to

tight-fitting sleepwear garments, they may apply to some garments which

are not associated with an unreasonable risk of burn deaths and

injuries and may not be limited to those garments which present an

unreasonable risk, as required by section 4(b) of the FFA.

Several comments address the issue of defining the term ``tight-

fitting'' garment. Some comments suggest exempting specific types of

garments such as ``ski pajamas'' or ``long johns.'' Others state that

exempted garments should be required to have specific features, such as

tight cuffs at the wrists and ankles. Some comments observe that the

Department of Commerce has withdrawn the commercial standard for sizing

of children's apparel which is cited in both children's sleepwear

standards (6).

Section 4(b) of the FFA requires that a flammability standard must

be ``stated in objective terms.'' The amendments proposed below exempt

``tight-fitting'' sleepwear garments from the standard for sizes 0

through 6X and the standard for sizes 7 through 14. The proposed

amendments define the term ``tight- fitting garment'' by specifying

maximum dimensions for the following parts of the garment: Chest,

waist, seat, upper arm, thigh, wrist, and ankle (12). The proposed

amendments specify the specific points on the garment at which

measurements are taken to calculate the maximum dimensions.

The maximum dimensions specified for garments in sizes for infants

six to 24 months old were selected by considering body sizes of

children approximately six months old set forth in a proposed revision

of ASTM standard D 4910 (12). The maximum dimensions selected for the

various locations on the garment in each size from 2 through 6X are

based on dimensions specified in a draft ASTM standard tentatively

designated ``Standard Table of Body Measurements for Pre-School

Children Sizes 2-6X/7.'' (12) The ASTM committee which is developing

this draft standard has several members who are employed by

manufacturers of children's garments as well as members from academic

institutions.

Maximum dimensions of the specified locations on garments in sizes

7 through 14 are based on a report of an anthropometric study of

children ranging in age from infancy to the age of 18 years, conducted

in 1977 by the University of Michigan (12). Maximum dimensions are

given for both boys' and girls' garments in the proposed definition of

``tight-fitting garment'' for the standard for sizes 7 through 14. The

Commission is aware that at this time sleepwear garments are not

marketed in girls' sizes 9, 11, and 13. However, dimensions for those

sizes are provided in the proposed amendments to the standard for size

7 through 14 published below. Garments which are not explicitly labeled

and promoted for use by girls must meet the maximum dimensions listed

for boys' garments in each size to be exempted from the requirements of

the sleepwear standard for sizes 7 through 14.

To be eligible for the exemption from the requirements of the

children's sleepwear standards, a tight-fitting garment must not exceed

the maximum dimensions specified for each size in the amendments

proposed below. The proposed amendments also require that an exempted

garment must be labeled to indicate the size to which it was

manufactured. The size label required by the proposed amendment is for

the use of the Commission staff when determining whether a garment

meets the dimensional requirements for an exempt sleepwear garment. For

this reason, the label is not required to be permanently affixed to the

garment, but it must be visible when the garment is offered for sale to

consumers.

The proposed amendments also require that when offered for sale to

consumers, exempted garments in sizes for 6 to 9 months and larger must

be clearly and conspicuously labeled with a statement to advise

consumers that the garment is not flame-resistant and should be tight-

fitting for the safety of the child. If the proposed amendments are

issued on a final basis, this labeling statement will be one component

of an information and education campaign to advise consumers that the

safety of these sleepwear garments is dependent upon their tight fit.

Finally, garments exempted from the flammability requirements of

the amendments proposed below must comply with applicable provisions of

the flammability standards for clothing textiles and vinyl plastic film

(16 CFR parts 1610 and 1611).

c. Alternatives to an Exemption for Sleepwear Garments in Infant Sizes

and for Tight-fitting Garments

Some comments suggest that rather than exempt sleepwear garments in

infant sizes and tight-fitting garments from the sleepwear standards,

the Commission should provide additional guidance about the differences

between children's sleepwear and non-sleepwear garments, including long

underwear (6).

As discussed above, since 1984, the Commission staff has attempted

to clarify the standards' definitions of ``children's sleepwear''

garments by written descriptions and drawings and to distinguish

sleepwear from non-sleepwear garments in a publication distributed to

the children's garment industry. However, the staff has not been able

to provide definitive guidance that resolves all questions about the

distinction between sleepwear and non-sleepwear garment. Constantly

changing styles and fashions in children's apparel have been a major

obstacle to this effort. The Commission has reason to believe that

further attempts to provide guidance through additional revisions of

the staff enforcement policy guides are not likely to meet with success

(6), (17).

Some comments suggest that the Commission should require labeling

of all children's sleepwear garments to indicate their relative

flammability. Other comments urge the Commission to require labeling of

those sleepwear garments which do not meet the flammability

requirements of the children's sleepwear standards. These comments

state that labeling of some or all children's sleepwear garments would

be preferable to prohibiting the sale of garments which do not comply

with the requirements of the children's sleepwear standards (6).

Research into the effectiveness of labeling indicates that in order

for a label to be effective, it must be: (1) Noticed, (2) read and

understood, and (3) acted upon. That research also indicates that as

consumers become more familiar with a product, they are more likely to

ignore information about the product. Additionally, if a product is not

perceived as hazardous, the likelihood is greater that a label will go

unnoticed (12).

Children's sleepwear garments are products that are familiar to

most consumers. Generally, those garments are not perceived as

presenting a safety hazard. Most sleepwear garments offered for sale to

consumers bear labels stating size, price, fiber content, and

laundering instructions. All of these factors decrease the likelihood

that consumers would notice and read additional label information about

the flammability of the garment (12).

Even if a label is noticed and read, its message must also be

understood before it can be acted upon. Explaining the nature of the

flammability hazard associated with children's sleepwear and the steps

that should be taken to avoid the hazard would be extremely difficult

given the limited space that would be available on a label (12). For

these reasons, the Commission concludes that labeling some or all

children's sleepwear garments would not be effective as the sole means

to communicate the flammability hazard associated with those garments

or a practical alternative to the performance requirements of the

standards.

F. Preliminary Regulatory Analysis

As noted above, section 4(i) of the FFA requires the notice of

proposed rulemaking to contain a regulatory analysis consisting of: (1)

A preliminary description of potential benefits and potential costs of

the proposed standard or amendment, and an indication of those likely

to receive the benefits and to bear the costs; (2) a discussion of the

reasons for not publishing any existing standard submitted in response

to the ANPR as the proposed standard or amendment, and for concluding

that any statement of intent to develop or modify a voluntary standard

to address the risk of injury under consideration is not likely to

result in the development of an adequate voluntary standard; and (3) a

description of any reasonable alternatives to the proposed standard or

amendment, together with a summary description of potential benefits

and costs of each alternative and a brief explanation of why each such

alternative has not been published as the proposed standard or

amendment.

1. Potential Benefits of the Proposed Amendments

One potential benefit of the proposed amendments is that a greater

variety of children's sleepwear will be available to consumers (14).

Consumers may also benefit from decreases in relative prices of

children's sleepwear because of increased penetration of the sleepwear

market by imported goods. Costs of testing and uncertainty about the

applicability of the children's sleepwear standards may have restrained

imports of sleepwear to the United States in recent years. Imported

garments account for only nine percent of all children's sleepwear sold

in 1992, whereas imported garments constituted 52 percent of all sales

of adult sleepwear. The exemptions from the children's sleepwear

standards made by the amendments proposed below are expected to

increase imports of lower- and mid-priced garments, resulting in

greater competition within the sleepwear industry, and lower prices to

consumers (14).

If consumers elect to dress their children in tight-fitting

sleepwear garments which are exempted from the requirements of the

children's sleepwear standards by the amendments proposed below in

place of loose-fitting non-sleepwear garments, the number of burn

deaths and injuries associated with non-sleepwear garments worn by

children when sleeping may decrease (8), (12), (14).

Additionally, domestic manufacturers who decide to produce garments

exempted by the proposed amendments may also enjoy greater sales. The

ability of domestic manufacturers to produce children's sleepwear

garments from cotton rather than man-made fabrics customarily used in

the production of complying children's sleepwear may lead to reduced

prices of children's sleepwear (14).

2. Potential Costs of the Proposed Amendments

The potential cost of the exemptions to the children's sleepwear

standards made by the proposed amendment is the possibility of

increased societal costs of future burn deaths or injuries associated

with the exempted garments (14). However, the Commission has reason to

believe that few if any additional burn deaths or injuries to children

will result from the proposed amendments.

On the basis of epidemiological data, the Commission expects that

exempting sleepwear garments in infant sizes from the requirements of

the sleepwear standards will not result in increased risk of burn

injuries to children younger than six months of age. Infants younger

than six months old are not capable of moving by themselves, and for

that reason are not likely to come within range of ignition sources

when an adult is not present (11), (12).

As noted above, the household environment in which children wear

sleepwear has changed since the first sleepwear standard was issued in

1971. The number of adults who smoke cigarettes has declined by about

20 million since 1974, resulting in the presence of fewer matches and

lighters in the nation's households. Ignition hazards presented by

ranges and space heaters have also decreased (6), (14).

The Commission also observes that in 1970, sales of all children's

sleepwear garments averaged about one and one-half garments per child

(14), (15). The average number of sleepwear garments purchased per

child each year has not changed appreciably since 1970 (14), (15).

Because it is reasonable to assume that children use several garments

as sleepwear during the course of a year, a logical inference is that

children have probably always used more non-sleepwear garments for

sleeping than garments manufactured to comply with the children's

sleepwear standards (14). Consequently, providing an exemption from the

requirements of the standards for a limited class of sleepwear garments

in infant sizes and tight-fitting garments is not expected to increase

risks of burn deaths and injuries associated with children's sleepwear.

3. Existing Standards and Statements of Intent To Develop a Voluntary

Standard

No existing standard was submitted for publication as the proposed

standard in response to the ANPR. No statement of intent to develop or

modify a voluntary standard was submitted in response to the ANPR.

4. Alternatives to the Proposed Amendments

a. Make No Change to the Standards

There would be no change in burn deaths and injuries to children

which might otherwise be attributable to the proposed amendments.

Consumers would forgo all potential benefits of increased choice of

children's sleepwear garments and reductions in prices that might

result from issuance of the proposed amendments (14).

b. Do Not Amend the Standards; Issue a Statement of Policy to the

Effect That the Commission Will Not Apply the Standards to Garments in

Infant Sizes or Tight-fitting Sleepwear Garments

While this alternative might result in some benefits of increased

choice and lower prices to consumers, domestic manufacturers and

importers might be reluctant to change business practices in reliance

on such a policy statement because of uncertainty about future

Commission decisions to change that policy. Such uncertainty might

result in continued low levels of imported sleepwear garments and

little if any domestic production of exempted garments subject to the

provisions of the policy statement (14).

G. Impact on Small Businesses

In accordance with section 605(b) of the Regulatory Flexibility Act

(5 U.S.C. 605(b)), the Commission hereby certifies that the amendments

to the children's sleepwear standards proposed below will not have a

significant economic impact on a substantial number of small entities,

including small businesses, if issued on a final basis (14).

The amendments proposed below would provide an exemption from the

requirements of the children's sleepwear standards for certain

sleepwear garments in infant sizes and certain tight-fitting sleepwear

garments. However, no importer or domestic manufacturer is required to

produce the exempted garments. Consequently, any economic impact of the

proposed amendments, either positive or negative, will result from

business decisions of regulated firms rather than any provision of the

proposed amendments (14).

H. Environmental Considerations

The proposed amendments fall within the categories of Commission

actions described at 16 CFR 1021.5(c) that have little or no potential

for affecting the human environment. Because the proposed amendments,

if issued on a final basis, will not change any aspect of the testing

required by the standard, the proposed action does not have any

potential to produce significant environmental effects. For that

reason, neither an environmental assessment nor an environmental impact

statement is required.

List of Subjects in 16 CFR Parts 1615 and 1616

Clothing, Consumer protection, Flammable materials, Infants and

children, Labeling, Records, Textiles, Warranties.

Conclusion

Therefore, pursuant to the authority of section 30(b) of the

Consumer Product Safety Act (15 U.S.C. 2079(b)) and section 4 of the

Flammable Fabrics Act (15 U.S.C. 1193), the Commission hereby proposes

to amend title 16 of the Code of Federal Regulations, Chapter II,

Subchapter D, Parts 1615 and 1616 to read as follows:

PART 1615--STANDARD FOR THE FLAMMABILITY OF CHILDREN'S SLEEPWEAR:

SIZES 0 THROUGH 6X

1. The authority for Part 1615 continues to read as follows:

Authority: Sec. 4, 67 Stat. 112, as amended, 81 Stat. 569-570;

15 U.S.C. 1193.

Sec. 1615.1 [Amended]

2. Sections 1615.1 (c) through (m) are redesignated Secs. 1615.1

(d) through (n).

3. Section 1615.1 is amended by revising paragraph (a) and adding

new paragraphs (c) and (o) to read as follows:

Sec. 1615.1 Definitions.

In addition to the definitions given in section 2 of the Flammable

Fabrics Act, as amended, the following definitions apply for the

purposes of this Standard:

(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, except:

(1) Diapers and underwear;

(2) ``Infant garments,'' as defined by paragraph (c) of this

section; and

(3) ``Tight-fitting garments,'' as defined by section 1615.1(o),

below.

* * * * *

(c) Infant garment means a garment which:

(1) If a one-piece garment, does not exceed 68 centimeters (21

inches) in length; if a two-piece garment, has no piece exceeding 37.1

centimeters (14\1/2\ inches) in length;

(2) Does not exceed 48.3 centimeters (19 inches) at the chest,

calculated by placing the garment on a horizontal, flat surface, with

the outer surface of the garment exposed, measuring the distance from

arm pit to arm pit, and multiplying that value by two;

(3) Complies with all applicable requirements of the Standard for

the Flammability Clothing Textiles (16 CFR part 1610) and the Standard

for the Flammability Vinyl Plastic Film (16 CFR part 1611); and

(4) Bears a label stating ``0-6 mos.'' If the label is not visible

to the consumer when the garment is offered for sale at retail, the

same figures and letters must appear legibly on the package of the

garment.

* * * * *

(o) Tight-fitting garment means a garment which:

(1) 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

----------------------------------------------------------------------------------------------------------------

6-9 mos\3\

Maximum Dimension\1\

Centimeters

(inches)........ 45.7 (18) 47.6 (18\3/

4\) 47 (18\1/

2\) 14 (5\1/2\) 25.9 (10\1/

4\) 10.3 (4) 12.2 (4\7/

8\)

9-12 mos

Maximum Dimension\1\

Centimeters

(inches)........ 47 (18\1/

2\) 48.3 (19) 48.3 (19) 14.3 (5\5/

8\) 26.7 (10\1/

2\) 10.5 (4\1/

8\) 12.8 (5)

12-18 mos

Maximum Dimension\1\

Centimeters

(inches)........ 49.5 (19\1/

2\) 49.5 (19\1/

2\) 50.8 (20) 14.9 (5\7/

8\) 28.3 (11\1/

8\) 10.5 (4\1/

8\) 13.1 (5\1/

8\)

18-24 mos

Maximum Dimension\1\

Centimeters

(inches)........ 52.1 (20\1/

2\) 50.8 (20) 53.3 (21) 15.6 (\1/

8\) 29.5 (11\5/

8\) 10.9 (4\1/

4\) 13.5 (5\1/

4\)

Size 2

Maximum Dimension\1\

Centimeters

(inches)........ 50.8 (20) 50.8 (20) 53.3 (21) 15.6 (6\1/

8\) 29.8 (11\1/

2\) 11.4 (4\1/

2\) 14 (5\1/2\)

Size 3

Maximum Dimension\1\

Centimeters

(inches)........ 53.3 (21) 52.1 (20\1/

2\) 55.9 (22) 16.2 (6\3/

8\) 31.4 (12\3/

8\) 11.8 (4\5/

8\) 14.9 (5\7/

8\)

Size 4

Maximum Dimension\1\

Centimeters

(inches)........ 55.9 (22) 53.3 (21) 58.4 (23) 16.8 (6\5/

8\) 33.0 (13) 12.1 (4\3/

4\) 15.9 (6\1/

4\)

Size 5

Maximum Dimension\1\

Centimeters

(inches)........ 58.4 (23) 54.6 (21\1/

2\) 61.0 (24) 17.5 (6\7/

8\) 34.6 (13\5/

8\) 12.4 (4\7/

8\) 16.8 (6\5/

8\)

Size 6

Maximum Dimension\1\

Centimeters

(inches)........ 61.0 (24) 55.9 (22) 63.5 (25) 18.1 (7\1/

8\) 36.2 (14\1/

4\) 12.7 (5) 17.8 (7)

Size 6X

Maximum Dimension\1\

Centimeters

(inches)........ 62.9 (24\3/

4\) 57.2 (22\1/

2\) 65.4 (25\3/

4\) 18.7 (7\3/

8\) 37.8 (14\7/

8\) 13.0 (5\1/

8\) 18.7 (7\3/

8\)

----------------------------------------------------------------------------------------------------------------

\3\Maximum dimensions are calculated by placing the garment on a horizontal, that surface, with the outer

surface of the garment exposed; measuring the distances specified below; and multiplying that value by two:

Chest--measure distance from arm pit to pit.

Waist--measure narrowest distance between arm pits and crotch.

Seat--measure widest location between waist and crotch.

Upper arm--measure a line perpendicular to the sleeve extending from the outer edge of the sleeve to the arm

pit.

Thigh--measure a line perpendicular to the leg extending from the outer edge of the leg to crotch.

Wrist--measure the width of the end of the sleeve.

Ankle--mesure the width of the end of the leg.

(2) Has no item of fabric, ornamentation or trim, such as lace,

appliques, or ribbon, which extends more than 6 centimeters (\1/4\

inch) from the outer surface of the garment;

(3) Has all sleeve openings tapered toward the wrists, and all leg

openings tapered toward the ankles;

(4) In the case of a two piece garment having a top piece with

fastenings, has a bottom fastening within 15 centimeters (6 inches) of

the bottom of the top piece of the garment;

(5) Complies with all applicable requirements of the Standard for

the Flammability of Clothing Textiles (16 CFR Part 1610) and the

Standard for the Flammability of Vinyl Plastic Film (16 CFR Part 1611);

(6) Bears a label stating the size of the garment in following

words and figures: ``Size [______ to ______ mos.] or [2-6X].'' If the

label is not visible to the consumer when the garment is offered for

sale at retail, the same figures and letters must appear legibly on the

package of the garment; and

(7) When displayed for sale to consumers, is clearly and

conspicuously labeled with the following statement: ``Garment is not-

flame resistant. For child's safety, garment should be tight-fitting.

Loose-fitting clothing is more likely to contact an ignition source and

burn.''

* * * * *

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 paragraph (a) and adding a

new paragraph (m), to read as follows:

Sec. 1616.2 Definitions.

In addition to the definitions given in section of the Flammable

Fabrics Act, as amended (sec. 2, 81 Stat. 586; 15 U.S.C. 1191), the

following definitions apply for purposes of this Standard:

(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, except:

(1) Diapers and underwear; and

(2) ``Tight-fitting garments'' as defined by section 1616.2(m),

below.

* * * * *

(m) Tight-fitting garment means a garment which:

(1) 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\4\

Maximum Dimension\1\

Centimeters

(inches)........ 60.2 (23\3/

4\) 53.5 (21) 60.4 (23\3/

4\) 17.6 (7) 35 (13\3/

4\) 12.3 (4\7/

8\) 16.2 (6\3/

8\)

Size 7 Girls

Maximum Dimension\1\

Centimeters

(inches)........ 58.9 (23\1/

4\) 54.2 (21\3/

8\) 62 (24\1/

2\) 17.9 (7) 36.5 (14\3/

8\) 12.3 (4\7/

8\) 16.5 (6\1/

2\)

Size 8 Boys\2\

Maximum Dimension\1\

Centimeters

(inches)........ 62.7 (24\5/

8\) 55.6 (21\7/

8\) 63.8 (25\1/

8\) 18.5 (7\1/

4\) 36.5 (14\3/

8\) 12.5 (5) 16.9 (6\5/

8\)

Size 8 Girls

Maximum Dimension\1\

Centimeters

(inches)........ 61.3 (24\1/

8\) 55.4 (21\3/

4\) 64.6 (25\3/

8\) 18.5 (7\1/

4\) 38.2 (15) 12.8 (5) 17.4 (6\7/

8\)

Size 9 Boys\2\

Maximum Dimension\1\

Centimeters

(inches)........ 65.1 (25\5/

8\) 57.1 (22\1/

2\) 66.1 (26) 19.2 (7\1/

2\) 38.6 (15\1/

4\) 13.1 (5\1/

8\) 17.5 (6\7/

8\)

Size 9 Girls

Maximum Dimension\1\

Centimeters

(inches)........ 64.4 (25\3/

8\) 57.5 (22\5/

8\) 67.7 (26\5/

8\) 19.5 (76\5/

8\) 40.1 (15\3/

4\) 13.2 (5\1/

4\) 18 (7)

Size 10 Boys\2\

Maximum Dimension\1\

Centimeters

(inches)........ 67 (26\3/

8\) 59.2 (23\1/

4\) 68.3 (26\7/

8\) 19.9 (7\7/

8\) 39.5 (15\1/

2\) 13.3 (5\1/

4\) 18.4 (7\1/

4\)

Size 10 Girls

Maximum Dimension\1\

Centimeters

(inches)........ 66.4 (26\1/

8\) 59.6 (23\1/

2\) 70.6 (27\3/

4\) 19.9 (7\7/

8\) 42.6 (16\3/

4\) 13.3 (5\1/

4\) 18.7 (7\3/

8\)

Size 11 Boys\2\

Maximum Dimension\1\

Centimeters

(inches)........ 69.1 (27\1/

4\) 60.9 (24) 71.1 (28) 20.6 (8\1/

8\) 42.4 (16\3/

4\) 13.4 (5\3/

4\) 18.2 (7\1/

8\)

Size 11 Girls

Maximum Dimension\1\

Centimeters

(inches)........ 70 (27\1/

2\) 61.8 (24\3/

8\) 74.2 (29\1/

4\) 20.6 (8) 44.3 (17\1/

2\) 13.2 (5\1/

4\) 18.7 (7\3/

8\)

Size 12 Boys\2\

Maximum Dimension\1\

Centimeters

(inches)........ 71.3 (28) 62.9 (24\3/

4\) 74.2 (29\1/

4\) 21.4 (8\3/

8\) 43.2 (17) 14.1 (5\1/

2\) 19.6 (7\3/

4\)

Size 12 Girls

Maximum Dimension\1\

Centimeters

(inches)........ 72.9 (28\3/

4\) 63.8 (25\1/

8\) 77.9 (30\5/

8\) 21.6 (8\1/

2\) 46.4 (18\1/

4\) 14 (5\1/2\) 19.3 (7\5/

8\)

Size 13 Boys\2\

Maximum Dimension\1\

Centimeters

(inches)........ 75.4 (29\5/

8\) 65.7 (25\7/

8\) 77.4 (30\1/

2\) 22.8 (9) 45.8 (18) 14.4 (5\5/

8\) 20.1 (7\7/

8\)

Size 13 Girls

Maximum Dimension\1\

Centimeters

(inches)........ 75.8 (29\7/

8\) 65.9 (26) 82.2 (32\3/

8\) 22.5 (8\7/

8\) 48.2 (19) 14.2 (5\5/

8\) 20 (7\7/8\)

Size 14 Boys\2\

Maximum Dimension\1\

Centimeters

(inches)........ 79.4 (31\1/

4\) 68 (26\3/

4\) 82.4 (32\1/

2\) 24.2 (9\1/

2\) 48.3 (19) 15.5 (6\1/

8\) 21.7 (8\1/

2\)

Size 14 Girls

Maximum Dimension\1\

Centimeters

(inches)........ 78.2 (30\3/

4\) 68 (26\3/

4\) 86.5 (34) 23.4 (9\1/

4\) 51.8 (20\3/

8\) 14.7 (5\3/

4\) 20.7 (8\1/

8\)

----------------------------------------------------------------------------------------------------------------

\4\Garments not explicitly labeled and promoted for wear by girls must not exceed these maximum dimensions.

(2) Has no item of fabric, ornamentation or trim, such as lace,

appliques, or ribbon, which extends more than 6 centimeters (\1/4\

inch) from the outer surface of the garment;

(3) Has all sleeve openings tapered toward the wrists, and all leg

openings tapered toward the ankles;

(4) In the case of a two piece garment having a top piece with

fastenings, has a bottom fastening within 15 centimeters (6 inches) of

the bottom of the top piece of the garment;

(5) Complies with all applicable requirements of the Standard for

the Flammability of Clothing Textiles (16 CFR part 1610) and the

Standard for the Flammability of Vinyl Plastic Film (16 CFR part 1611);

(6) Bears a label stating the size of the garment in following

words and figures: ``Size [7-14].'' If the label is not visible to the

consumer when the garment is offered for sale at retail, the same

figures and letters must appear legibly on the package of the garment;

and.

(7) When displayed for sale to consumers, is clearly and

conspicuously labeled with the following statement: ``Garment is not-

flame resistant. For child's safety, garment should be tight-fitting.

Loose-fitting clothing is more likely to contact an ignition source and

burn.''

(15 U.S.C. 1193; 15 U.S.C. 2079(B))

Dated: October 17, 1994.

Sadye E. Dunn,

Secretary, Consumer Product Safety Commission.

Bibliography

1. Federal Register notice ``Flammability Standards for

Children's Sleepwear; Statements of Enforcement Policy'' published

by the Consumer Product Safety Commission; 4 pages; March 20, 1984

(49 FR 10249).

2. Supplemental CPSC Staff Guide to the Enforcement Policy

Statements of the Flammability Standard for Children's Sleepwear--

Garment Diagrams and Assessments, published by the Division of

Regulatory Management, Consumer Product Safety Commission; 27 pages;

1989.

3. Memorandum from Terrance R. Karels, ECPA, to the Commission,

entitled ``Children's Sleepwear Project''; 12 pages; July 19, 1994.

4. Federal Register notice ``Standards for the Flammability of

Children's Sleepwear: Sizes 0 Through 6X and 7 Through 14; Advance

Notice of Proposed Rulemaking,'' published by the Consumer Product

Safety Commission; 4 pages; January 13, 1994 (58 FR 4111).

5. Federal Register notice ``Standards for the Flammability of

Children's Sleepwear: Sizes 0 Through 6X and 7 Through 14; Stay of

Enforcement,'' published by the Consumer Product Safety Commission;

1 page; January 13, 1994 (58 FR 4078).

6. Tabular summaries of comments and staff responses to comments

to the Advance Notice of Proposed Rulemaking; 50 pages; July 19,

1994.

7. ``Statement by The Children's Sleepwear Coalition In Response

to the Consumer Product Safety Commission's Advance Notice of

Proposed Rulemaking''; 10 pages; March 25, 1993.

8. Memorandum from Linda Fansler, ESME, to Terrance R. Karels,

ECPA, entitled ``Technical Rationale Supporting Tight-Fitting

Children's Sleepwear Garments''; 11 pages; March 14, 1994.

9. Memorandum from Linda Fansler, ESME, to Terrance R. Karels,

ECPA, entitled ``Recent Conversation Between Staff of Consumer and

Corporate Affairs Canada and Commission Staff''; 4 pages; July 17,

1992.

10. Memorandum from Dr. Terry L. Kissinger, EPHA, to Terrance R.

Karels, ECPA, entitled ``Injury Data Related to the Children's

Sleepwear Standards''; 13 pages; February 8, 1994.

11. Memorandum from Dr. Terry L. Kissinger, EPHA, to Terrance R.

Karels, ECPA, entitled ``Results of Review of Available

Literature,'' and attachments; 21 pages; April 1, 1994.

12. Memorandum from George Sweet, EPHF, to Terrance R. Karels,

ECPA, entitled ``Human Factors Issues Regarding Sleepwear,'' and

attachment; 8 pages; March 8, 1994.

13. Memorandum from George Sweet, EPHF, to Terrance R. Karels,

ECPA, entitled ``Garments Intended for Infants''; 4 pages; July 8,

1994.

14. ``Preliminary Regulatory and Regulatory Flexibility Analyses

for the Proposed Amendments to the Children's Flammability

Standards,'' by Anthony C. Homan, Directorate for Economic Analysis;

7 pages; June, 1994.

15. ``Market Sketch--Children's Sleepwear,'' by Anthony C.

Homan, Directorate for Economic Analysis; 14 pages; March, 1992.

16. Memorandum from Eva S. Lehman, HSPS, to Terrance R. Karels,

ECPA, entitled ``Toxicological Evaluation of Fabrics Used in

Children's Sleepwear''; 3 pages; June 7, 1994.

17. Memorandum from Patricia Fairall, CERM, to Terrance Karels,

ECPA, entitled ``Compliance History--Enforcement of Children's

Sleepwear''; 6 pages; April 20, 1994.

18. Memorandum from James F. Hoebel, Acting Director, ESME, to

Terrance R. Karels, ECPA, entitled ``Amendments to Children's

Sleepwear Standards''; 3 pages; July 7, 1994.

19. Memorandum from Dr. Terry L. Kissinger, EPHA, to Terrance R.

Karels, ECPA, entitled ``Proposed Amendment to Children's Sleepwear

Standards''; 7 pages; July 15, 1994.

[FR Doc. 94-26100 Filed 10-21-94; 8:45 am]

BILLING CODE 6355-01-P