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

SUMMARY: The Commission issues final amendments of the flammability

standards for children's sleepwear in sizes 0 through 6X and sizes 7

through 14. The amendments issued below revise the definition of

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

exclude from the requirements of that standard: garments sized for

infants nine months of age or younger; and tight-fitting sleepwear

garments. The amendments also revise the definition of ``children's

sleepwear'' in the standard for sizes 7 through 14 to exclude tight-

fitting sleepwear garments.1 The amendments define the term

``tight-fitting garment'' in terms of maximum dimensions at specified

locations on garments in sizes for children older than 9 months through

children's size 14.

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\1\ The Commission voted 2-1 to issue these amendments of the

children's sleepwear flammability standards, Chairman Ann Brown

dissenting.

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The Commission issues these amendments because it finds that the

existing children's sleepwear standards are not limited to those

sleepwear garments which present an unreasonable risk of burn deaths

and injuries. The Commission concludes that the amendments will afford

consumers a wider selection of sleepwear garments for children without

diminishing the protection provided by the children's sleepwear

standards.

DATES: The amendments will become effective on January 1, 1997.

FOR FURTHER INFORMATION CONTACT: Patricia Fairall, Division of

Regulatory Management, Office of Compliance, Consumer Product Safety

Commission, Washington, DC 20207; telephone (301) 504-0400, extension

1369.

SUPPLEMENTARY INFORMATION:

A. Provisions of Final Amendments

By publication of this notice of final rulemaking, the Commission

amends the Standard for the Flammability of Children's Sleepwear: Sizes

0 through 6X (16 CFR part 1615) and the Standard for the Flammability

of Children's Sleepwear: Sizes 7 through 14 (16 CFR part 1616). The

amendments issued below exempt sleepwear garments sized for children

nine months of age and younger and ``tight-fitting'' sleepwear garments

sized for children older than nine months to children's size 14 from

all requirements of the children's sleepwear flammability standards.

The term ``tight-fitting garment'' is defined by specifying maximum

dimensions for the chest, waist, seat, upper arm, thigh, wrist, and

ankle of the garment for each size from 9-12 months through children's

size 14.

The amendments issued below are similar to proposed amendments

published in the Federal Register of October 25, 1994 (59 FR 53616).

The final amendments differ from the proposal by:

Increasing the size of infant garments exempted from the

current standard for sizes 0 through 6X;

Changing some of the maximum dimensions specified for

tight-fitting garments in children's sizes 6X through 14; and

Eliminating the requirement for a permanent label on

tight-fitting sleepwear garments to advise the purchaser that those

garments are not flame-resistant.

The differences between the proposed and final amendment are

discussed in detail under the heading G. Comments on the Proposed

Amendments.

The amendments issued below become effective on January 1, 1997.

The Commission's finding that this effective date is in the public

interest and the reasons for that finding are set forth under the

heading H. Effective Date. Elsewhere in this issue of the Federal

Register, the Commission has published a notice to continue through

March 9, 1998 a stay of enforcement for close-fitting garments which

are labeled and promoted as underwear.

B. Background

The Flammable Fabrics Act (FFA) (15 U.S.C. 1191 et seq.) authorizes

the issuance of flammability standards for products of wearing apparel

made from fabric to protect the public from unreasonable risks of the

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

damage.

In 1971, the Secretary of Commerce issued a flammability standard

for children's sleepwear in sizes 0 through 6X under the authority of

section 4 of the FFA (15 U.S.C. 1193). The standard was issued 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.

The safety requirements of the two standards are nearly identical.

They 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.

C. Garments Subject to the Sleepwear Standards

Both standards define 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.'' As originally issued and as amended below, both

standards exclude diapers and underwear from their coverage. See 16 CFR

1615.1(a) and 1616.2(a).

Under this definition, the coverage of the sleepwear standards is

not limited to children's pajamas, nightgowns, and robes, but also

includes other garments ``intended primarily for sleeping or activities

related to sleeping.'' 16 CFR 1615.1(a), 1616.2(a) During the time that

the standards have been in effect, the Commission staff has responded

to a large number of inquiries from manufacturers and importers of

children's garments about whether particular products are ``children's

[[Page 47635]]

sleepwear'' subject to the standards; or ``underwear,'' which is

specifically excluded from the standards; or ``daywear,'' ``playwear,''

or other categories of non-sleepwear garments, each of which is outside

the scope of the standards.

To provide guidance to the children's garment industry on the scope

of the sleepwear standards, in 1984 the Commission issued policy

statements which discuss the factors the Commission will consider when

determining whether a garment is intended to be worn primarily for

sleeping or related activities.(1) 2 These policy statements are

codified at 16 CFR 1615.64 and 1616.65. Additionally, the staff

developed a pamphlet describing and illustrating various styles of

sleepwear and non-sleepwear garments. This pamphlet was revised from

time to time, most recently in 1989.(2)

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\2\ Numbers in parentheses identify reference documents in the

List of Relevant Documents 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

at (301) 504-0800.

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During the past several years, many consumers have expressed a

desire to obtain children's garments made from 100 percent untreated

cotton fabric for use as sleepwear. 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. The

Commission also received information indicating that many parents were

dressing their children in underwear, large T-shirts, or other garments

made of 100 percent untreated cotton rather than traditional sleepwear

manufactured to comply with the sleepwear flammability standards.

These actions by manufacturers and consumers resulted in an

increasing number of children sleeping in garments which did not comply

with the children's sleepwear standards. In view of this trend, the

Commission decided in 1991 to re-examine the scope of the children's

sleepwear standards and to consider amending the definitions of the

term ``children's sleepwear'' in the two standards. The Commission

began this rulemaking proceeding in 1993.

D. Statutory Provisions

Section 4 of the FFA (15 U.S.C. 1193) authorizes the Commission to

issue or amend a flammability standard for a product of wearing apparel

if the Commission finds that a new or amended standard is needed to

protect the public against the unreasonable risk of the occurrence of

fire leading to death, injury, or significant property damage.

Section 4(g) of the FFA (15 U.S.C. 1193(g)) requires publication in

the Federal Register of an advance notice of proposed rulemaking (ANPR)

to begin a proceeding for the issuance or amendment of a flammability

standard. 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 parties to submit an existing standard to

the Commission for publication as the proposed standard or a statement

of intention to develop or modify a voluntary standard to address the

risk of injury under consideration; and solicit written comments on the

risk of injury and regulatory alternatives 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 (15 U.S.C. 1193(i)) requires publication

in the Federal Register of a notice of proposed rulemaking (NPR). The

NPR must set forth the text of the proposed standard or amendment 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. Section 4(d) of

the FFA (15 U.S. C. 1193(d)) specifies that the NPR must provide

interested persons the opportunity to submit written comments and to

request a public hearing for oral presentation of data and opinions

concerning the proposal.

To issue a final standard or amendment, section 4(j) of the FFA (15

U.S.C. 1193(j)) 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

regulatory alternatives. Additionally, section 4(b) of the FFA (15

U.S.C. 1193(b)) 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 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.

E. Publication of ANPR

The Commission began this proceeding by publication of an ANPR in

the Federal Register of January 13, 1993 (58 FR 4111).(4) 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 by small open-flame sources.

The ANPR also described the regulatory alternatives being

considered by the Commission. Briefly summarized, the alternatives

were:

(1) Amend 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.

(2) Issue 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 if those garments met the requirements of the clothing textiles

flammability standard.

The ANPR also contained information about other flammability

standards for children's sleepwear; solicited information about

relevant voluntary standards and statements of intention to develop or

modify a voluntary standard; and invited interested persons to submit

written comments on the ANPR.

On the same date the Commission published the ANPR, the Commission

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

in cases involving garments currently being used as sleepwear if those

garments are skin-tight or nearly skin-tight, relatively free of

ornamentation, made from fabrics such as rib knit, interlock knit, or

waffle knit, and labeled as ``underwear.'' 58 FR 4078(5)

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

written comments from individuals, firms, and organizations. (More than

a third of the comments were identical form letters with space for the

[[Page 47636]]

commenter's name.) 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), (7) Almost all of these

comments favored modification of the standards to exempt some or all

children's sleepwear garments from their requirements.

In addition to the information provided by commenters, the

Commission also considered information developed or obtained by the

Commission staff. That information included injury data(10);

information about flammability characteristics of various fabrics and

garments(8), (11); and a review of children's sleepwear flammability

standards issued by Australia, Canada, New Zealand and the United

Kingdom.(9), (11)

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

on average, about 1,150 children younger than 15 years of age were

treated each year in hospital emergency rooms for burn injuries

associated with clothing 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)

On average, each year about four children younger than fifteen

years of age died from fires associated with clothing of all types.(10)

Available information also shows that most thermal burn injuries

associated with sleepwear involved females, whereas most burn injuries

associated with day wear involved males. Thermal burn injuries from

nightwear were usually associated with nightgowns or pajamas that

probably were not tight-fitting.(10)

In 1978, the Commission staff reviewed information about deaths and

injuries associated with sleepwear to children younger than one year of

age. Ten cases involved injuries associated with sleepwear. However,

nine of these cases involved whole-house conflagrations, and the other

involved a home-made garment.(11) Thus, none of these cases involved

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

F. Proposed Amendments

After consideration of comments received in response to the ANPR,

information compiled by the staff, and information presented at an oral

briefing by the staff, the Commission decided to propose amending the

children's sleepwear standards.

The Commission published a notice to propose amending the

children's sleepwear standards by exempting infant garments and tight-

fitting garments from their requirements on October 25, 1994. (59 FR

53616)(20)

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.)

Section 4 of the FFA also 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, the

Commission concluded that if the children's sleepwear standards

currently apply to garments which do not present an unreasonable risk

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

scope of the standards could be narrowed to remove those garments from

the coverage of the standards.

That notice proposed to amend the children's sleepwear flammability

standards by exempting:

(1) Garments intended for children six months of age and younger

from the standard for sizes 0 through 6X; and

(2) ``Tight-fitting'' sleepwear garments from the standard for

sizes 0 through 6X and the standard for sizes 7 through 14.

The proposed exemption for infant garments was stated in terms of

maximum dimensions for the chest and length of the garment. 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 amendments also required that an exempted infant

garment must be labeled to indicate that the garment is intended for

use by a child six months of age or younger.

In addition, the proposed amendments stated that garments in sizes

for infants six months of age or younger must meet the applicable

requirements of the flammability standards for clothing textiles and

vinyl plastic film (16 CFR parts 1610 and 1611).

The proposed amendments defined 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. The

proposed amendments also required that an exempted tight-fitting

garment must be labeled to indicate its size. The maximum dimensions

specified by the proposed amendments for tight-fitting garments in

sizes for children 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 proposed maximum

dimensions for tight-fitting garments in sizes 2 through 6X were 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) Maximum dimensions specified by the proposed amendments for

tight-fitting garments in sizes 7 through 14 were 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)

To be eligible for the exemption from the requirements of the

children's sleepwear standards, the proposal specified that a tight-

fitting garment be labeled to indicate its size. The proposed

amendments also required 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.

Finally, the proposed amendments required that sleepwear garments

exempted from the flammability requirements as ``tight-fitting''

garments must comply with applicable provisions of the flammability

standards for clothing textiles and vinyl plastic film (16 CFR parts

1610 and 1611).

In a separate notice also published on October 25, 1994 (59 FR

53584), the Commission extended until further notice the stay of

enforcement of the children's sleepwear standards published in 1993 for

cases involving skin-tight or nearly skin-tight garments similar in

design and manufacture to underwear, provided those garments were

labeled and marketed as underwear. (21)

G. Comments on the Proposed Amendments

In response to the proposal to amend the sleepwear standards, the

[[Page 47637]]

Commission received 39 written comments. Some commenters submitted more

than one comment.(22)-(61) Commenters included individual consumers,

students, a physician, a retired Federal employee, manufacturers and

importers of children's sleepwear and other children's garments, an

association of manufacturers of children's sleepwear, the American Burn

Association, the Coalition for American Trauma Care, Fire Prevention

Canada, the International Association of Fire Chiefs, the National

Cotton Council of America, and the Learn Not to Burn Foundation of the

National Fire Protection Association.

Additionally, on April 25, 1995, members of the Commission staff

conducted a public meeting with manufacturers and importers of

children's sleepwear and other children's garments, consumers, and

other interested persons to discuss the proposed amendments.(81)

The following is a summary of the principal issues raised by the

written comments and at the public meeting, and the Commission's

resolution of those issues.

1. Revocation of the Standards

A comment from one manufacturer of children's garments expresses

the view that available injury information does not establish that any

children's sleepwear garments present an unreasonable risk of burn

deaths or injuries to children. This comment urges the Commission to

revoke the standards in their entirety. (25)

When the Department of Commerce issued the flammability standard

for sizes 0 through 6X, it considered injury data collected by the

National Bureau of Standards (now the National Institute of Standards

and Technology) through the Flammable Fabrics Accident Case and Testing

System (FFACTS). From 1967 through January 1973, FFACTS obtained

information about 434 cases involving burn injuries associated with

sleepwear, 101 of which involved children younger than six years of

age. Although FFACTS incidents do not constitute a probability sample,

they document instances in which children were injured in fires

involving sleepwear before issuance of the standard for sizes 0 through

6X. (70)

Unlike FFACTS, the National Electronic Injury Surveillance System

(NEISS) gathers information about injuries by using a probability

sample. For that reason, NEISS data can be reliably projected into

national estimates of injuries associated with products. From burn

injuries to children associated with children's sleepwear during the

years 1980 through 1994 reported by NEISS, the Commission estimates

that during that time period, on average, about 90 children younger

than 15 years of age were treated in hospital emergency rooms each year

for burns associated with children's sleepwear. (70)

The estimated number of burn injuries associated with children's

sleepwear in the years following issuance of the sleepwear standards

has been relatively low. This indicates that the sleepwear standards

have been relatively successful. Therefore, the Commission does not

believe that available injury information supports revocation of the

children's sleepwear standards in their entirety.

A comment from one consumer questions whether use of children's

sleepwear manufactured from man-made fabrics to comply with the

sleepwear standards may increase the risk of sudden-infant-death

syndrome (SIDS). (22) The Commission has reviewed medical publications

concerning SIDS and has found no references which implicate a specific

type of fabric or clothing as a contributing factor to SIDS. (73)

2. Exemption for Infant Garments

The proposed amendments contained provisions to exempt garments for

infants six months of age and younger from the requirements of the

sleepwear standard for sizes 0 through 6X. The proposed amendments

limited the exemption for infant garments to those not exceeding

specified dimensions for the chest and overall length of the garment.

Those dimensions were selected using information about the body size of

children approximately six months old.

Before proposing that exemption, the Commission reviewed

information about burn deaths and injuries to children one year of age

and younger associated with sleepwear. That information included a

study completed in 1978 of 66 burn injuries to children younger than

one year old associated with clothing. In ten cases, the clothing

involved was specifically identified as sleepwear. Nine of those cases

involved whole-house fires; the other involved a home-made garment. The

Commission concluded that none of these cases involved risks of injury

which the sleepwear standard was intended to address. (11)

The Commission also considered information about children's

physical and mental development. That information shows that most

children are not capable of moving themselves until they are about

seven months old. For that reason, children six months of age and

younger are not likely to come within range of small open-flame

ignition sources when an adult is not present. (12)

A comment from the Children's Sleepwear Coalition (a group of

children's sleepwear manufacturers and suppliers) objects to the

proposal to exempt sleepwear garments for infants six months of age and

younger. This comment states that infants are unable to defend

themselves from risks of burn injury, and could be exposed to ignition

sources by adults. Such exposure could occur if adults smoke in their

presence, or place them near a kitchen range or other open flame

source. (30) Comments from two individual manufacturers of children's

sleepwear object to the proposed exemption for similar reasons. (45),

(54)

Comments from two manufacturers of children's sleepwear, an

importer of children's garments, and the National Cotton Council urge

the Commission to expand the scope of the exemption to include garments

for children one year of age and younger. (25), (28), (33), (47) In

support of this position, the comments cite the absence of injuries

associated with sleepwear to children younger than one year of age.

Comments from two manufacturers and one importer of children's

garments state that the proposed amendment to exempt infant sleepwear

garments was not consistent with industry practices for the sizing of

infant clothing. (23), (35), (53) Two of these comments state that the

maximum dimensions based on body measurements of children six months of

age would have the effect of exempting some, but not all, infant

garments. Garments in sizes 0 to three months (or infants ``small''

size) and three to six months (or infants ``medium'' size) would be

exempted by the proposal, but not garments in sizes six to nine months

(or infants ``large'' size). These comments recommend that the

exemption apply to garments intended for infants nine months of age and

younger, thereby exempting all sleepwear garments in infant sizes.

(35), (53)

A comment from one manufacturer of children's garments observed

that infants grow rapidly. This comment states that a garment having

the maximum dimensions for exemption as an ``infant garment'' in the

proposed amendment would fit a six-month-old child for only a short

period of time. This comment states that most parents purchase

children's garments with the expectation that their children will be

able to wear them for a reasonable period of time. (23)

[[Page 47638]]

At the Commission's public meeting on April 25, 1995, several

manufacturers of children's garments stated that parents typically buy

garments one size larger than the age of their children.(81)

After consideration of all of these comments, the Commission

concludes that the proposed exemption of ``infant garments'' should be

included in the final amendments, with some modification. The amendment

of the standard for sizes 0 through 6X issued below defines the term

``infant garment'' as one which is ``sized for a child nine months of

age or younger.''

The Commission proposed to exempt garments for children six-months

of age and younger because information about child development

indicates that until they reach the age of seven months, most infants

are not capable of moving by themselves.(12) Consequently, infants six

months of age and younger are at minimal risk of exposing their

clothing to an ignition source. And, available injury information

reveals an absence of burn injuries associated with sleepwear to

children younger than one year of age which might have been prevented

or reduced by the sleepwear standard.(10), (11)

The Commission recognizes that many parents and other adults

purchase infant garments one or two sizes larger than the age of the

intended wearer, due in part to the rapid rate at which infants grow.

By revising the definition of ``infant garment'' to include garments

sized for children nine months of age and younger, the amendment issued

below exempts garments in sizes frequently purchased for children

approximately six months of age and younger. Exemption of garments

sized for infants nine months of age and younger also makes allowance

for those infants who are slightly larger than the average six-month

old, and assures that a garment purchased for a six-month old will fit

the infant for a reasonable length of time. Additionally, this

modification of the proposed amendment makes the size of exempted

``infant garments'' more compatible with the range of sizes used by

manufacturers of infant garments.

The amendments issued below specify that the maximum length for a

one-piece infant garment shall not exceed 64.8 centimeters (25.75

inches). The maximum dimension for the length of either piece of a two-

piece infant garment is 40 centimeters (15.75 inches). These dimensions

were selected by considering body sizes of children approximately nine

months old set forth in ASTM standard D 4910-95 ``Standard Tables of

Body Measurements for Infants, Sizes 0 to 24 months,'' published by

ASTM (formerly the American Society for Testing and Materials). No

maximum dimension is specified for the chest of an infant garment

exempted by the final amendments because the safety of infant garments

is not dependent on a tight fit.

Exempted garments must comply with the flammability standards for

clothing textiles and vinyl plastic film (16 CFR parts 1610 and 1611),

and bear a label stating the size of the garment in terms of months of

age. If the label is not visible when the garment is offered for sale,

the size of the garment, in months, must appear legibly on the package.

3. Exemption for Tight-Fitting Garments

Comments from the National Cotton Council (33), (40), (48), five

firms which manufacture or import children's sleepwear or other

children's garments (28), (31), (34), (35), (42), (53), and a student

research group (29) generally support issuance of final amendments to

exempt tight-fitting children's sleepwear garments from the

requirements of the sleepwear flammability standards. (Some of these

comments recommend changes to specific provisions of the proposal,

which are discussed below.)

Comments supporting an exemption for tight-fitting garments made

from fabrics which are not flame-resistant state that those garments

provide protection to children from unreasonable risks of burn injuries

for the following reasons:

(1) Incident data do not show burn injuries associated with tight-

fitting sleepwear;

(2) If exposed to an ignition source, tight-fitting garments are

not easily ignited because the body absorbs some of the heat from the

ignition source;

(3) If these garments are ignited, the wearer becomes aware of

ignition almost immediately; and

(4) If ignited, these garments burn slowly because oxygen to

support combustion is available on only one side of the garment.

Comments supporting issuance of final amendments for tight-fitting

garments also observe that flammability standards for children's

sleepwear in effect in Canada, Australia, and New Zealand exempt tight-

fitting pajamas.(33), (40), (48)

In addition, a study cited in the proposal shows that no burn

deaths associated with children's sleepwear have been reported in

Canada since 1987.(33), (63)

Comments from the Children's Sleepwear Coalition (30), (58), five

individual manufacturers of children's sleepwear (45), (46), (54)-(56),

(59), a student research group (27), the Learn Not to Burn Foundation

of the National Fire Protection Association (32), (78), the

International Association of Fire Fighters (36), Fire Prevention Canada

(37), and the Coalition for American Trauma Care (60) assert that the

current low rate of children's deaths associated with ignition of

clothing is evidence that the children's sleepwear standards have been

effective. These comments express concern that exempting tight-fitting

sleepwear garments and thereby allowing them to be made from fabrics

which are not flame-retardant will expose children to an increased risk

of burn deaths and injuries.

Before proposing the amendments, the Commission considered

available data which show a measurable reduction in burn deaths

associated with all types of clothing, including children's sleepwear,

during the past 20 years. (10), (11). Additionally, information about

burn injuries associated with all types of children's clothing from

1980 through 1994 shows that children's sleepwear has been associated

with a relatively small proportion of those injuries. From its

evaluation of this injury information, the Commission concludes that

the children's sleepwear standards have contributed to the relatively

low level of reported burn injuries associated with sleepwear. However,

existing injury information does not support the assertion that

amendment of the standards to exempt tight-fitting garments made from

fabrics which do not pass the flammability test in the children's

sleepwear standards will expose children to a greater risk of burn

injuries.

Flammability standards for children's sleepwear issued by Canada

and three other countries exempt tight-fitting garments. In 1993, the

government of Canada advised the Commission that a proposed five-year

study of burn injuries to assess the effectiveness of the Canadian

sleepwear standard was discontinued before the end of the five-year

period because of a lack of reported burn cases.(63)

When the Commission began this proceeding in 1993, it also

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

in cases involving garments which are skin-tight or nearly skin-tight

and are similar in fabric and design to underwear.(5) That stay was

continued at the time the Commission published the proposed amendments

of the standards.(21) The garments covered by the stay of enforcement

have somewhat larger dimensions than the ``tight-fitting'' garments

defined in the proposed amendments.

[[Page 47639]]

On the basis of injuries reported to the National Electronic Injury

Surveillance System (NEISS), the Commission estimates that about 2,520

children were treated in hospital emergency rooms for burn injuries

associated with clothing during the years 1993 and 1994. During the

years 1991 and 1992, the Commission estimates that approximately 2,760

children were treated in hospital emergency rooms for burn injuries

associated with clothing.(62) Thus, burn injuries associated with the

general category of children's clothing have not increased since the

Commission issued the stay of enforcement.

During the years 1993 and 1994, the Commission received no reports

of any burn injury to a child younger than 15 years of age associated

with a garment which was identified as one covered by the stay of

enforcement. (62)

Additionally, a Canadian study of 174 burn injuries cases

associated with clothing involving children nine years of age or

younger found that closeness of fit and the presence or absence of an

adult at the time of injury were significantly associated with the

severity of the burn injury. Fiber content was not included as a

variable in this study. Burns tended to be more severe in cases

associated with loose-fitting clothing and the absence of an adult.(11)

Accordingly, the Commission concludes that amending the standards

to exempt tight-fitting sleepwear garments made from fabrics which are

not flame-resistant will not create an unreasonable risk of burn

injuries to children.(8), (10), (11), (62), (65)

4. Definition of ``Tight-Fitting Garment''

The proposed amendments defined the term ``tight-fitting garment''

as one which did not exceed specified dimensions in the chest, seat,

upper arm, thigh, wrist, and ankle for each size ranging from 6-to-9

months through children's size 14.

A comment from one manufacturer of children's garments observes

that the maximum dimensions specified for size 6 in the proposal were

larger than the maximum dimensions specified for size 7.(28) The

Commission agrees that the maximum dimensions for size 7 should be

larger than the maximum dimensions for size 6. In the amendments issued

below, maximum dimensions increase continuously from the smallest to

the largest sizes of garments.

Other comments express the view that the maximum dimensions

specified in the proposal for all sizes are too small. One manufacturer

states that the amendments should exempt garments which fit

``reasonably close to the body,'' such as children's polo pajamas,

rather than define the exempted garments by maximum dimensions intended

to result in a ``skin-tight'' fit.(25) An importer suggests that the

maximum dimensions specified for chest, seat, and thigh in all sizes

should be increased by one or two inches.(35)

Before proposing amendments to exempt tight-fitting garments, the

Commission reviewed technical literature indicating that tight-fitting

garments are less likely to contact an ignition source, and if ignited

to burn less rapidly, than loose-fitting clothing.(8) The Commission

also considered burn injury data indicating that injuries associated

with close-fitting garments are generally less severe than those

associated with loose-fitting garments.(11)

Research on the flammability of wearing apparel indicates that fit

and fiber are both important factors affecting a garment's

flammability. The existing provisions of the children's sleepwear

standards address the risk of burn injury by specifying a test for

flame-resistance. Garments made from fabrics which pass the

flammability test of the children's sleepwear standards do not present

an unreasonable risk of injury, regardless of their fit. Similarly,

tight-fitting garments exempted by the amendments issued below do not

present an unreasonable risk of burn injury, even if they are made from

fabrics which do not pass the flammability test of the children's

sleepwear standards.

Section 4(b) of the FFA requires that an amendment of a

flammability standard must be ``stated in objective terms.'' The term

``tight-fitting garment'' in the amendments issued below is defined by

maximum dimensions at specified locations on the garment for each size.

Although these dimensions include adjustments to provide a continuous

increase in dimensions from the smallest to largest sizes, the

dimensions and points of measurement are substantially similar to those

in the notice of proposed rulemaking.

The final amendments also include language in the definition of

``tight-fitting garment'' to assure that the garment will conform

closely to the contour of the body. Provisions of Secs. 1615.1(o)(3)

through (7) and 1616.2(m)(3) through (7) require that the torso of such

garments must fit closely from chest to waist and from waist to seat;

that the sleeves must taper from upper arm to wrist; and that the legs

must taper from thigh to ankle.

Comments from three manufacturers of children's garments recommend

adjustment of the maximum dimensions to allow for fabric shrinkage

after laundering.(25), (28), (31) One of these comments states that if

the maximum dimensions do not include an allowance for shrinkage,

manufacturers may be required to wash garments before offering them for

sale or to use other means to control shrinkage. This comment states

that those measures would be ``expensive,'' but does not provide

quantitative information about the extent of the additional costs.(28)

At the public meeting on April 25, 1995, one importer recommended that

the Commission allow an additional 10 per cent to the maximum

dimensions for shrinkage.(81)

The maximum dimensions for ``tight-fitting garments'' in the

amendments issued below have not been increased to allow for shrinkage

after laundering or to provide a margin of tolerance for manufacturing

variation. Garment shrinkage depends on the type of fiber or fiber-

blend, method of construction, and finishing process used in the

production of the fabric, and the laundering conditions to which the

garment is exposed after wearing. Increasing the maximum dimensions to

allow for shrinkage could reduce the likelihood that garments will be

tight-fitting when worn by children.(72)

Garments made from knit fabrics have the ability to stretch and

adapt to the shape of the body. For this reason, they are suitable,

although not necessarily required, for production of ``tight-fitting

garments'' exempted from the children's sleepwear standards by the

amendments issued below.(72) Additionally, as indicated by one comment,

various means are available to manufacturers to control shrinkage,

although they may result in higher production costs.(28)

5. Labeling

The proposed amendments included in the definition of ``tight-

fitting garment'' a requirement that when displayed for sale to

consumers, the garment must be clearly and conspicuously labeled with

the 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.''

Comments from a manufacturer and an importer of children's garments

stated that the proposed labeling statement was too lengthy.(25), (35)

At the Commission's public meeting on April 25, 1995, manufacturers

also expressed the view that the proposed labeling statement was too

negative.(81)

A comment from the National Cotton Council states that children's

garments currently bear labels stating size, information about the

manufacturer,

[[Page 47640]]

fiber content, country of origin, and care instructions. This comment

states that the addition of the language specified by the proposed

amendments would require an unsuitably large label for tight-fitting

sleepwear garments.(33)

The same comment suggests that an educational effort to provide

safety information to consumers about tight-fitting sleepwear by use of

hang tags on garments and signs at retail stores would be a less

expensive way to convey safety information about tight-fitting

sleepwear garments to consumers. At the public meeting in April 1995

and in a subsequent written comment, the National Cotton Council stated

that it would work cooperatively with the Commission to develop an

information and education campaign to inform consumers that garment

design is an important factor in burn injuries associated with

children's sleepwear, and that snug-fitting sleepwear that fits close

to the body is a safer choice than loose-fitting garments.(48), (81)

Individual manufacturers of children's garments have also indicated

their willingness to participate in such an effort.

The amendments issued below do not include the proposed labeling

statement for tight-fitting sleepwear garments exempted from the

flammability requirements of the children's sleepwear standards. The

Commission concludes that a well-designed and broadly disseminated

information and education campaign, developed with guidance from the

Commission, will be a better means to inform consumers about

appropriate selection and use of the tight-fitting garments exempted

from the sleepwear standards by the amendments issued below. Such a

campaign can help consumers understand why sleepwear garments which are

not flame-resistant are being offered for sale and the importance of a

tight fit for those garments; that other children's sleepwear garments

which are not tight-fitting but are manufactured to comply with the

sleepwear standards remain available for purchase; and that loose-

fitting garments which are not flame-resistant (such as those made from

untreated cotton and cotton blends) should not be used for children's

sleepwear.

The Commission expects that point-of-sale materials directed to

consumers, including hang-tags on garments, labeling statements on

packaging, and store signs, will be an important component of the

sleepwear industry's information and education effort. The Commission

also expects that another part of this effort will be directed at

retailers to emphasize the necessity for separation of children's

nonsleepwear garments such as underwear, daywear, and playwear from

sleepwear garments manufactured to comply with the standards and tight-

fitting sleepwear garments exempted from those standards by the

amendments issued below. Separation of non-sleepwear garments from

children's sleepwear is necessary to assure that consumers will not

inadvertently purchase a loose-fitting, non-sleepwear garment which is

not flame-resistant when shopping for children's sleepwear.

H. Effective Date

Section 4(b) of the FFA (15 U.S.C. 1293(b)) provides that an

amendment of a flammability standard shall become effective twelve

months after publication of the notice of final rulemaking unless the

Commission makes a finding for good cause that an earlier or later

effective date is in the public interest and publishes the reasons for

that finding.

On May 23, 1996, members of the Commission staff met with

representatives of manufacturers, importers, and retailers of

children's garments, the National Cotton Council, and other interested

parties to discuss technical issues related to the Commission's

decision to amend the children's sleepwear standards. At this meeting,

representatives of the National Cotton Council and some manufacturers

claimed that the amendments should become effective upon publication.

They observed that the amendments do not impose any additional

requirements on firms, but instead exempt certain garments from the

requirements of the children's sleepwear standards that do not present

an unreasonable risk of burn injury. These proponents of an immediate

effective date asserted that many firms are able to begin marketing the

newly exempted sleepwear garments within a short time after issuance of

the final amendments.

Representatives of several importers claimed that their businesses

would need several months or more after publication of the final

amendments to draft specifications, place orders, and receive

merchandise from overseas suppliers. Similarly, representatives of some

domestic manufacturers stated that they would need time to devise

specifications for fabrics, place orders with fabric suppliers, and

receive fabrics to be used in production of the sleepwear garments that

will be exempted from the requirements of the sleepwear standards.

After considering all information concerning an appropriate

effective date, the Commission concludes that the amendments issued

below shall become effective on January 1, 1997. The Commission finds

for good cause that a short delay in the effective date, less than the

one year specified by the FFA, is in the public interest because it

balances the need of some firms for a period of transition in which to

make those adjustments necessary to market the sleepwear garments

exempted by the amendments with the interest of other firms in

marketing those products as soon as possible.

The Commission is aware that many of the firms favoring a delayed

effective date are producers or importers of children's sleepwear

manufactured to comply with the sleepwear flammability standards. The

Commission recognizes the important role which complying sleepwear

plays in preventing burn injuries. The regulations governing the

flammability of material used to make children's sleepwear garments

other than garments covered by these amendments will continue to apply

to garments such as robes and nightgowns. However, a delay in the

effective date of the amendments issued below beyond January 1, 1997,

postpones the availability of tight-fitting cotton and cotton-blend

sleepwear garments, and prolongs the period during which consumers

seeking untreated cotton sleepwear for their children may purchase

alternative garments which pose greater flammability risks. For these

reasons, the Commission concludes that an effective date of January 1,

1997, is appropriate to: (1) Provide a transition period for

manufacturers and importers of complying sleepwear garments who wish to

sell garments permitted by these amendments; and (2) allow all

companies to take advantage of the amendments within a reasonable

period of time.

The Commission has also extended the stay of enforcement of the

sleepwear standards for 18 months for close-fitting garments labeled

and promoted as underwear. The Commission has taken this action to

minimize costs to manufacturers, distributors, and retailers of

children's sleepwear and other garments which may result from

adjustments of inventories of both sleepwear and non-sleepwear garments

which are subject to the stay of enforcement.(67)

I. Final Regulatory Analysis and Required Findings

Section 4(j) of the FFA (15 U.S.C. 1193(j)) requires that a notice

of final rulemaking must include a final regulatory analysis

containing:

[[Page 47641]]

A discussion of potential benefits and costs of the final

rule, including those which cannot be quantified, and an identification

of those persons likely to receive its benefits and bear its costs;

A description of any alternatives to the final rule which

were considered by the Commission together with a summary description

of their potential benefits and costs and a brief explanation of why

these alternatives were not chosen; and

A summary of significant issues raised by comments on the

preliminary analysis, and the Commission's assessment of those issues.

Additionally, section 4(j) requires that the final rule

must include the Commission's findings that:

The benefits expected from the rule bear a reasonable

relationship to its costs;

It imposes the least burdensome requirement which prevents

or adequately reduces the risk of injury for which it is promulgated.

1. Potential Benefits of the Amendments

The amendments issued below will provide consumers a wider choice

of children's sleepwear. Specifically, the amendments will allow

garments intended for children younger than nine months of age and

tight-fitting garments in sizes as large as children's size 14 to be

made from untreated cotton and cotton blends, which may not currently

be used in the production of children's sleepwear. Although a dollar

value cannot be placed on this benefit, the Commission is aware that

large numbers of consumers have expressed a desire for children's

sleepwear made from cotton rather than the man-made fibers used to

produce most sleepwear garments manufactured to comply with the

children's sleepwear flammability standards.(6), (29), (34), (42),

(66), (67)

The amendments will permit consumers to dress their children for

sleeping in the tight-fitting sleepwear garments exempted from the

requirements of the standards instead of loose-fitting underwear,

playwear, or daywear garments. This, in turn, could reduce the risks of

burn injuries and deaths to children because tight-fitting sleepwear

garments present a lower fire risk to children than loose garments

which are not flame-resistant and do not comply with the children's

sleepwear standards. The extent to which such a substitution will occur

is not known, and therefore any resulting benefit is not

quantifiable.(67)

Manufacturers who elect to produce the garments in infant sizes and

tight-fitting garments exempted from the children's sleepwear standards

will benefit from a wider choice of fabrics and the elimination of

requirements for sampling, testing, and recordkeeping under the

sleepwear standards. The Commission is not able to predict the extent

to which manufacturers will elect to produce sleepwear garments

exempted by the amendments issued below. For that reason, the benefits

to manufacturers from increased choice of fabric and elimination of

sampling, testing, and recordkeeping costs cannot be quantified.(67)

2. Potential Costs of the Amendments

Potential costs of the amendments include those related to

temporary disruptions in the production process as manufacturers make

changes needed to produce garments exempted by the amendments.

According to industry sources, those changes could include

recalibration of cutting and sewing machines. Some costs may be

associated with modification of packaging, but they are expected to be

negligible. To minimize disruptions in the production process, the

Commission has extended a stay of enforcement for close-fitting

garments labeled and promoted for sale as underwear for 18 months to

allow manufacturers, distributors, and retailers to dispose of existing

inventories of those garments.(67)

Because the Commission cannot predict the extent to which

manufacturers will elect to produce the sleepwear garments exempted

from the requirements of the children's sleepwear standards, the

Commission is unable to quantify the costs to manufacturers which may

result.(67) However, the amendments do not require manufacturers to

produce the exempted garments. Consequently, the Commission anticipates

that only those firms which find it profitable to produce the exempted

garments will incur the costs required to begin making them.

The amendments issued below permit the manufacture of certain

children's sleepwear garments which will not pass the flammability test

in the children's sleepwear standards. Consequently, the potential

costs of the amendments include the possibility of increased societal

costs resulting from any burn injuries which may be associated with the

exempted garments.(67) However, during the three-year period in which

the stay of enforcement for close-fitting garments has been in effect,

the Commission has received no reports of burn injuries associated with

ignition of those garments.(62) Additionally, Canada's experience with

sleepwear standards which contain provisions similar to those in the

amendments issued below indicates the risk of increased burn injuries

is extremely low.(63) And if consumers dress their children for

sleeping in the tight-fitting garments exempted by the amendments

instead of loose-fitting T-shirts and other loose-fitting garments

which are not flame-resistant and do not comply with the children's

sleepwear standards, risks of burn injuries to children are expected to

decrease.(67)

3. Alternatives to the Amendments

a. Make no change to the standards. The existing children's

sleepwear flammability standards have contributed to the relatively low

level of burn injuries to children associated with clothing.(10)

Additionally, information is available to demonstrate that a number of

burn injuries to children younger than six years of age were associated

with sleepwear before the flammability standard for sizes 0 through 6X

became effective.(70) If the Commission made no change to the

standards, the level of protection against risks of burn injuries to

children associated with children's sleepwear would not be altered.

However, if the Commission does not amend the standards, consumers

will be unable to purchase children's sleepwear garments made from

untreated cotton and cotton blends. Some consumers have expressed a

strong desire to purchase such garments for their children to wear

while sleeping.(6), (29), (34), (42), (66), (67) In addition, if the

Commission does not make changes to the standards, problems related to

their enforcement in cases where garments resemble children's sleepwear

but are marketed and sold as underwear or playwear are expected to

continue.(68) This has been a problem in the past which the changes to

the standard are expected to alleviate. And, to satisfy their desire

for cotton sleepwear for their children, more people may turn to

looser-fitting substitutes which are not flame-resistant and present a

greater risk of burn injury.

b. Continue the stay of enforcement without amending the standards.

On January 13, 1993, the Commission announced that it would not enforce

the children's sleepwear standards in cases involving close fitting

garments which are similar in design and construction to underwear,

relatively free of ornamentation, and are labeled and marketed as

underwear. The Commission continued this stay of enforcement when it

published the notice of proposed rulemaking on October 25, 1994. During

the period that this stay of enforcement has been in effect, the

Commission has not observed any burn injuries to children associated

[[Page 47642]]

with the garments covered by the stay of enforcement.(62)

However, the tight-fitting garments exempted by the amendments

issued below fit more closely than the garments subject to the stay of

enforcement. Additionally, those tight-fitting garments can be marketed

as children's sleepwear. Consequently, the Commission anticipates the

exempted tight-fitting garments would provide better protection against

risks of burn injuries than the garments covered by the stay of

enforcement.(67)

4. Issues Raised by Comments on the Preliminary Regulatory Analysis

a. Potential benefits. A comment from a manufacturer of children's

garments asserts that issuance of final amendments to exempt garments

in infant sizes and close-fitting garments from the children's

sleepwear standards may result in a decrease, rather than an increase

in consumers' choice of sleepwear garments. This comment states that

retailers devote a limited amount of shelf space to children's

sleepwear. If consumers demonstrate a significant preference for cotton

sleepwear garments exempted from the requirements of the standards,

this comment claims that retailers will stock fewer garments

manufactured to comply with the sleepwear standards, and may eventually

stop selling those garments.(59)

As stated above, in 1993 the Commission published a stay of

enforcement of the sleepwear standards in cases involving skin-tight or

nearly skin-tight garments which are similar in design to the tight-

fitting garments exempted by the amendments issued below. Available

marketing data shows that during 1992, the last year before the stay,

sales of traditional children's sleepwear manufactured to comply with

the flammability standards were approximately 123.6 million units.

During 1994, the second year of the stay of enforcement, sales of

traditional children's sleepwear were 123.5 million units.(66)

The Commission concludes that available information about sales of

children's sleepwear does not support the assertion that the amendments

issued below will result in reduced choice to consumers. Additionally,

many parents and children may prefer the comfort of looser-fitting

garments made from flame-resistant fabrics over the tight-fitting

garments made from cotton or cotton blends. Certain styles of

sleepwear, such as nightgowns, robes, and traditional pajamas will

still be required to be made from fabrics which pass the tests of the

sleepwear standards. The Commission does not expect consumers to cease

purchasing these styles of sleepwear.

b. Potential costs. A comment from the American Burn Association

states that the Commission's preliminary regulatory analysis

underestimated the number of burn injuries which may result from the

proposed amendments and consequently the costs to society for treatment

of those injuries. This comment observes that in the notice proposing

the amendments, the Commission estimated that each year about 1,150

children were treated in hospital emergency rooms for burn injuries

associated with clothing of all types. The comment asserts that the

true number of emergency room visits may be as high as 4,000 a year,

citing a study published in the May-June 1995 issue of the Journal of

Burn Care and Rehabilitation.(38)

The Commission observes that the study cited by this comment

reviewed cases involving children referred to burn centers for burn

injuries of all types, and was not limited to burns associated with

ignition of clothing or sleepwear. Accordingly, the estimates of

children's burn injuries treated in emergency rooms made in this

comment are not comparable to those made by the Commission in the

notice of proposed rulemaking.(10) Additionally, the study cited in

this comment does not contain any information from which to predict the

likely effect of the proposed amendments on the number of children's

burn injuries associated with sleepwear.

A comment from The Learn Not to Burn Foundation of the National

Fire Protection Association asserts that increased burn injuries to

children are likely to result if the Commission issues final amendments

of the children's sleepwear standards.(32) That comment sets forth the

following rationale: At present, children's cotton garments suitable

for use as sleepwear are ``sufficiently expensive'' that they are

purchased primarily by consumers with higher incomes. Higher-income

consumers are more likely to have behaviors that offset the increased

risk of burn injury presented by sleepwear garments which do not comply

with the flammability standards. The proposed amendments will reduce

the cost of the exempted sleepwear garments, thereby making them

available to lower-income consumers. According to this comment, ``low

income correlates negatively with all measures of fire risk.''

However, recent marketing and injury information does not support

the expectations expressed in this comment. As noted in the response to

an earlier comment, since the stay of enforcement of the children's

sleepwear standards was issued in 1993, sales of traditional sleepwear

manufactured to comply with the standards has remained relatively

constant. During the same period of time, sales of children's underwear

garments increased from 476 million units in 1992 to 502.4 million

units in 1994. One trade publication attributes this gain in sales of

children's underwear to the use of some of these garments for

sleeping.(66) Underwear and playwear garments subject to the stay of

enforcement are sold by high-volume retailers and discounters at lower

prices than sleepwear which complies with the children's sleepwear

flammability standards.(87) Consequently, these garments have been

available to both higher- and lower-income consumers. Again, during the

time the stay has been in effect, the Commission has received no

reports of burn injuries associated with the garments identified as

subject to the stay.(62)

c. Regulatory alternatives. A comment from a retired Federal

employee states that as an alternative to the exemption of infant

garments from the standards, the Commission should consider elimination

of requirements for testing seam and trim, but continue to require the

fabric used in those garments to meet the flammability requirements of

the standard for sizes 0 through 6X. The comment states that such a

change would have a negligible effect on safety.(26)

The suggestion in this comment would relieve manufacturers of

garments in infant sizes from some, but not all, of the requirements of

the standard for sizes 0 through 6X. However, if fabric used in those

garments remained subject to the flammability requirements of that

standard, untreated cotton and cotton blends could not be used.

As noted above, one of the principal benefits of the amendments

issued below is to provide consumers with a greater choice of sleepwear

garments by permitting the use of those fabrics for production of

certain types of children's sleepwear. The Commission concludes that

the alternative suggested by this comment would significantly reduce

the potential benefits of the amendments issued below, without a

corresponding reduction in their potential costs.(10)

For these reasons, the Commission affirms the conclusion of its

preliminary and final regulatory analysis that the amendments are not

likely to increase societal costs resulting from burn injuries to

children associated with sleepwear.

[[Page 47643]]

5. Findings

After considering all information concerning benefits and costs of

the amendments, including comments on the preliminary regulatory

analysis, the Commission finds the benefits of the amendments issued

below bear a reasonable relationship to their costs. Although these

benefits are not quantifiable, they include increased choice to

consumers in children's sleepwear garments. To the extent that

consumers choose the tight-fitting sleepwear garments permitted by the

amendments rather than loose-fitting garments which are not flame-

resistant, risks of burn injuries to children may be reduced.

The costs of the amendments include some disruption to the

children's sleepwear industry, and the possibility of increased

societal costs of treating burn injuries associated with the garments

exempted by the amendments. By establishing an effective date of

January 1, 1997, and extending the stay of enforcement for certain

close-fitting children's underwear and playwear, the Commission has

minimized costs associated with disruption of the children's sleepwear

industry. For the reasons set forth in the discussion of potential

costs of the amendments and comments on the preliminary regulatory

analysis, the Commission concludes that the potential costs of the

amendment, although unquantifiable, are minimal.

The Commission also finds that the amendments issued below impose

the least burdensome requirements which adequately reduce the risks of

burn injuries to children associated with sleepwear. The Commission has

considered the possibilities of withdrawing the proposed amendment,

with or without extending the stay of enforcement for certain close-

fitting children's underwear and playwear. For the reasons set forth

above in the discussion of regulatory alternatives, the Commission

finds that none of the alternatives considered will provide the

increased choice to consumers at as low a level of risk as the

amendments issued below.

J. Other Statutory Findings

Section 4(b) of the FFA (15 U.S.C. 1193(b)) states that each

flammability standard or amendment shall be based on findings that the

standard or amendment is: Reasonably needed to protect the public

against an unreasonable risk of the occurrence of fire leading to death

or personal injury, or significant property damage; reasonable,

technologically appropriate, and practicable; and limited to those

fabrics, related materials, or products of wearing apparel or interior

furnishing which have been determined to present an unreasonable risk

of fire leading to death, personal injury, or significant property

damage.

After considering all of the information received during this

rulemaking proceeding, the Commission finds that to the extent that the

Standard for the Flammability of Children's Sleepwear: Sizes 0 Through

6X (16 CFR part 1615) and the Standard for the Flammability of

Children's Sleepwear: Sizes 7 Through 14 (16 CFR part 1616) are

applicable to garments intended for children nine months of age or

younger or to the tight-fitting garments described in the amendments

issued below, those standards are not: (i) Reasonably necessary to

protect the public from risks of fire leading to death, personal

injury, or significant property damage; or (ii) limited to the garments

which present that unreasonable risk. After considering the same

information, the Commission also finds that the amendments issued below

are reasonable, technologically practicable, and appropriate.

K. Future Activities

The Commission will continue to monitor closely and thoroughly

information from all available sources concerning burn injuries to

children from sleepwear and other garments. If at any time, the

Commission detects an increase in burn deaths or injuries to children

associated with any of the garments exempted by these amendments, it

will take any appropriate action, including initiation of rulemaking to

broaden the scope of the children's sleepwear flammability standards.

The Commission will also monitor the information and education

campaign undertaken by manufacturers of children's sleepwear and other

garments to assure that it accurately and effectively informs consumers

about the children's sleepwear flammability standards, garments

manufactured to comply with those standards, and the garments exempted

from those standards by the amendments issued below.

L. Stay of Enforcement

The stay of enforcement which was issued on January 13, 1993, and

continued on October 25, 1994, will end on March 9, 1998. A separate

notice published elsewhere in this issue of the Federal Register

provides additional details about the stay of enforcement and its

termination date.

M. 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 issued below will not have a

significant economic impact on a substantial number of small entities,

including small businesses.

At this time, about 65 firms manufacture or import traditional

children's sleepwear garments, i.e., nightgowns, pajamas, and

robes.(66). The number of firms in the children's sleepwear industry

has not changed substantially in the past several years.(15) About 45

of these firms have fewer than 500 employees and are considered to be

small businesses.(83) None of the firms which are small businesses

market children's sleepwear exclusively. In addition to traditional

children's sleepwear, these firms also manufacture or import other

types of garments such as infantwear, children's underwear and

playwear, and in some cases, adult underwear and lingerie.(83)

For many years, the market for traditional children's sleepwear has

been relatively small but constant. In 1970, the year before

promulgation of the first children's sleepwear standard, sales of all

new children's sleepwear garments amounted to about 1.4 garments per

child younger than 14 years of age.(83) From 1992 through 1994, sales

volume has been about 124 million units, about two garments per child

each year.(84) This sales information reflects a strong preference for

traditional sleepwear by some consumers.

However, if one assumes that most children use several garments

each year for sleeping, a logical inference is that children are using

many garments other than traditional nightgowns and pajamas for

sleeping.

The amendments issued below exempt sleepwear garments sized for

children nine months of age and younger and certain tight-fitting

sleepwear garments from the requirements of the children's sleepwear

standards. The tight-fitting sleepwear garments exempted by the

amendments are similar in fit and appearance to long underwear.

A decision to produce or import the exempted garments would entail

minimal costs for any current manufacturer or importer of children's

sleepwear, regardless of size, for several reasons. First, these firms

have an existing customer base for the sleepwear and other garments

which they currently distribute. Second, in the children's sleepwear

industry, design

[[Page 47644]]

and fabric choices are under continuous reassessment; consumer demand

and production costs are important considerations when deciding on the

design and fabric to be used. Usually, only minor capital costs are

involved in making changes to design or material used to produce these

garments.(83)

Firms which decide to produce or import garments exempted from the

sleepwear standards by the amendments issued below will be able to use

untreated fabrics made from cotton and cotton blends which cannot pass

the flammability test of the standards. Additionally, they will avoid

costs of testing and recordkeeping imposed by the standards.

However, no firm is required to produce or import exempted

garments. Firms which decide that demand for the garments exempted by

the amendments does not justify the costs of producing or importing

them will not be required to make any changes to their current

practices.(67)

For these reasons, the Commission concludes that the final

amendments will not likely have a significant economic impact on a

substantial number of small entities, including small businesses.(83)

N. Environmental Considerations

The amendments issued below 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. The amendments are not

expected to have a significant effect on production processes or on the

types or amounts of materials used for construction or packaging of

children's sleepwear. The amendments will not render existing

inventories unsalable, or require destruction of existing goods. The

Commission has no information indicating any special circumstances in

which these amendments may affect the human environment. For that

reason, neither an environmental assessment nor an environmental impact

statement is required.(67)

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 amends

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.

2. In Sec. 1615.1, Paragraphs (c) through (m) are redesignated

paragraphs (d) through (n), respectively.

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.

(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 section 1615.1(c), below;

and

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

below.

* * * * *

(c) Infant garment means a garment which:

(1) Is sized for a child nine months of age or younger;

(2) If a one-piece garment, does not exceed 64.8 centimeters (25.75

inches) in length; if a two-piece garment, has no piece exceeding 40

centimeters (15.75 inches) in length;

(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 the size of the garment, expressed in

terms of months of age. For example, ``0 to 3 mos.'' or ``9 mos.'' If

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

for sale at retail, the same information 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

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

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\7/8\) (11\1/8\) (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\)

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

[[Page 47645]]

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\)

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

Note: Maximum dimensions are calculated by placing the garment on a horizontal, flat surface with the outer

surface of the garment exposed, measuring the distances between the points specified below; and multiplying

that value by two:

Chest--measure distance from arm pit to arm pit.

Waist--on one-piece garment, measure at the narrowest location between arm pits and crotch. On two-piece

garment, measure width at the bottom of the upper piece, and the top of the lower piece.

Seat--on one-piece garment, measure at widest location between waist and crotch. On two-piece garment, take this

measurement on lower piece only.

Upper arm--measure at a line perpendicular to the sleeve. Extending from the outer edge of the sleeve to the arm

pit.

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

Wrist--measure the width of the end of the sleeve, if intended to extend to the wrist.

Ankle--measure the width of the end of the leg, if intended to extend to the ankle.

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

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

inch) from the point of attachment to the outer surface of the garment;

(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 upper arm to the wrist;

(4) Has legs which do not exceed the maximum dimension for the

thigh at any point between the thigh and the ankle, and which diminish

in width gradually from the thigh to the ankle;

(5) In the case of a one-piece garment, has a width which does not

exceed the maximum dimension for the chest at any point between the

chest and the waist and which diminishes gradually from the chest to

the waist; and has a width which does not exceed the maximum dimension

for the seat at any point between the seat and the waist and which

diminishes gradually from the seat to the waist;

(6) In the case of a two-piece garment has an upper piece with a

width which does not exceed the maximum dimension for the chest at any

point between the chest and the bottom of that piece and which

diminishes gradually from the chest to the bottom of that piece; in the

case of an upper piece with fastenings, has the lowest fastening within

15 centimeters (6 inches) of the bottom of that piece;

(7) In the case of a two-piece garment, has a lower piece with a

width which does not exceed the maximum dimension for the seat at any

point between the seat and the top of the lower piece and which

diminishes gradually from the seat to the top of that piece;

(8) 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);

and

(9) Bears a label stating the size of the garment in terms of age

in months, or by child's size; for example: ``Size 9 to 12 mos.'' or

``Size 2.'' If the label is not visible to the consumer when the

garment is offered for sale at retail, the same information must appear

legibly on the package of the garment.

[[Page 47646]]

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 2 of the Flammable

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

following definitions apply for the 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 \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 \1\ Boys

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

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 \1\ Boys

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

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\)

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

[[Page 47647]]

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)

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

Size 13 Boys

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

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.

Note: Maximum dimensions are calculated by placing the garment on a horizontal, flat surface, with the outer

surface of the garment exposed; measuring the distances at the points specified below; and multiplying that

value by two:

Chest--measure distance from arm pit to arm pit.

Waist--on one-piece garment, measure at narrowest location between arm pits and crotch; on two-piece garment,

measure width at the bottom of the upper piece, and at the top of the lower piece.

Seat--on one-piece garment, measure at widest location between waist and crotch. On two-piece garment, take this

measurement on the lower piece only.

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

pit.

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

Wrist--measure the width of the end of the sleeve, if intended to extend to the wrist.

Ankle--measure the width of the end of the leg, if intended to extend to the ankle.

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

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

inch) from the point of attachment to the outer surface of the garment;

(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 upper arm to the wrist;

(4) Has legs which do not exceed the maximum dimension for the

thigh at any point between the thigh and the ankle, and which diminish

gradually in width between the thigh and the ankle;

(5) In the case of a one-piece garment, has a width which does not

exceed the maximum dimension for the chest at any point between the

chest and the waist and which diminishes gradually from the chest to

the waist; and has a width which does not exceed the maximum dimension

for the seat at any point between the seat and the waist and which

diminishes gradually from the seat to the waist;

(6) In the case of a two-piece garment, has an upper piece with a

width which does not exceed the maximum distance for the chest at any

point between the chest and the bottom of that piece and which

diminishes gradually from the chest to the bottom of that piece; in the

case of an upper piece with fastenings, has the lowest fastening within

15 centimeters (6 inches) of the bottom of that piece;

(7) In the case of a two-piece garment, has a lower piece with a

width which does not exceed the maximum

[[Page 47648]]

dimension for the seat at any point between the seat and the top of the

lower piece and which diminishes gradually from the seat to the top of

that piece;

(8) 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);

and

(9) Bears a label stating the size of the garment; for example

``Size 7.'' If the label is not visible to the consumer when the

garment is offered for sale at retail, the garment size must appear

legibly on the package of the garment.

Effective date: These amendments shall become effective on January

1, 1997, and shall be applicable to garments which are introduced into

commerce on or after that date.

Dated: August 29, 1996.

Todd A. Stevenson,

Deputy Secretary, Consumer Product Safety Commission.

List of Relevant Documents

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, 1993 (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, 1993 (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.

20. Federal Register notice ``Standard for the Flammability of

Children's Sleepwear: Sizes 0 Through 6X; Standard for the

Flammability of Children's Sleepwear: Sizes 7 Through 14; Proposed

amendments'' published by the Consumer Product Safety Commission; 11

pages; October 25, 1994 (59 FR 53616).

21. Federal Register notice ``Continuation of Stay of

Enforcement of Standards for the Flammability of Children's

Sleepwear, Sizes 0 Through 6X and 7 Through 14'' published by the

Consumer Product Safety Commission; 1 page; October 25, 1994 (59 FR

53584).

22. Comment on proposed amendments from Aline Farr; 1 page;

September 14, 1994.

23. Comment on proposed amendments from Leonard Schwab, the

Schwab Company; 7 pages; November 29, 1994.

24. Comment on proposed amendments from Kay M. Villa, American

Textile Manufacturers Institute; 1 page; December 22, 1994.

25. Comment on proposed amendments from Carl Schlosser, Salant

Children's Apparel Group; 5 pages; December 28, 1994.

26. Comment on proposed amendments from John F. Krasny; 2 pages;

January 4, 1995.

27. Comment on proposed amendments from student research group,

Florida International University; 2 pages; January 4, 1995.

28. Comment on proposed amendments from Steven E. Loftin, the

William Carter Company; 2 pages; January 5, 1995.

29. Comment on proposed amendments from student research group;

2 pages; January 6, 1995.

30. Comment on proposed amendments from Gerald L. Colliers, the

Children's Sleepwear Coalition; 6 pages; January 8, 1995.

31. Comment on proposed amendments from Mary-beth Boughton,

Oneita Industries; 2 pages; January 9, 1995.

32. Comment on proposed amendments from James McMullen, Learn

Not to Burn Foundation, National Fire Protection Association; 2

pages; January 13, 1995.

33. Comment on proposed amendments from Phillip J. Wakelyn,

Ph.D., National Cotton Council of America; 7 pages; January 9, 1995.

34. Comment on proposed amendments from John Wigodsky, Fruit of

the Loom; 1 page; January 5, 1995.

35. Comment on proposed amendments from Julie Goldscheider,

Impact Imports International, Inc.; 3 pages; January 9, 1995.

36. Comment on proposed amendments from Alfred K. Whitehead,

International Association of Fire Fighters; 1 page; July 31, 1995.

37. Comment on proposed amendments from Frank Albert, Fire

Prevention Canada; 2 pages; August 1, 1995.

38. Comment on proposed amendments from Andrew M. Munster, M.D.,

American Burn Association; 2 pages; August 29, 1995.

39. Comment on proposed amendments from Ramsey J. Choucair,

M.D., Shriners Hospitals for Crippled Children, Burns Institute; 2

pages; August 30, 1995.

40. Comment on proposed amendments from Phillip J. Wakelyn,

Ph.D., National Cotton Council of America; 2 pages; September 8,

1995.

41. Comment on proposed amendments from Anthony R. O'Neill,

National Fire Protection Association, with enclosures; 7 pages;

October 23, 1995.

42. Comment on proposed amendments from Carl Schlosser, Salant

Children's Apparel Group; 1 page; October 10, 1995.

43. Comment on proposed amendments from Mary Jane Murray; 1

page; undated.

44. Comment on proposed amendments from Tim Ackerman, T & G

Associates, Inc., with enclosure; 3 pages; October 25, 1995.

45. Comment on proposed amendments from John McCarthy, Kid Duds,

with enclosure; 3 pages; October 30, 1995.

46. Comment on proposed amendments from Leigh Ann Schwarzkopf,

Kid Duds, with enclosure; 8 pages; January 5, 1996.

47. Comment on proposed amendments from Phillip J. Wakelyn,

Ph.D., National Cotton Council of America; 2 pages; October 30,

1995.

48. Comment on proposed Amendments from Phillip. J. Wakelyn,

Ph.D., National

[[Page 47649]]

Cotton Council of America, with enclosures; 5 pages; December 18,

1995.

49. Comment on proposed Amendments from Phillip. J. Wakelyn,

Ph.D., National Cotton Council of America, with enclosure; 3 pages;

December 21, 1995.

50. Comment on proposed amendments from Leonard S. Bernstein,

Candlesticks, Inc.; 2 pages; October 31, 1995.

51. Comment on proposed amendments from Leonard S. Bernstein,

Candlesticks, Inc., with enclosure; 3 pages; December 14, 1995.

52. Comment on proposed amendments from Leonard S. Bernstein,

Candlesticks, Inc.; 1 page; January 10, 1996.

53. Comment on proposed amendments from Mary-beth Boughton,

Oneita Industries; 2 pages; November 6, 1995.

54. Comment on proposed amendments from G. L. Collier, I-C

Manufacturing Company, with enclosure; 5 pages; December 30, 1995.

55. Comment on proposed amendments from Hy Grubman, InnerWorld;

1 page; December 28, 1995.

56. Comment on proposed amendments from Jack Brownstein,

Waterbury Garment Corporation, with enclosure; 2 pages; January 3,

1996.

57. Comment on proposed amendments from Craig V. Mayer, P.E.; 2

pages; January 5, 1996.

58. Comment on proposed amendments from Gerald L. Collier,

Children's Sleepwear Coalition; 5 pages; January 24, 1996.

59. Comment on proposed amendments from Stephen Schnitzer and

Marvin Sandberg, PCA Apparel; 5 pages; February 6, 1996.

60. Comment on proposed amendments from The Coalition for

American Trauma Care; 2 pages; February 6, 1996.

61. Comment on proposed amendments from Cressie Goff, Sew Sweet

Stitches, and Carol Grider, R.N., with enclosures; 3 pages; February

21, 1996.

62. Memorandum from Terry L. Kissinger, Ph.D., EHHA, to Terrance

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

Sleepwear Standards''; 13 pages; July 12, 1995.

63. Letter from Carole LaCombe, Director, Product Safety Canada,

to Eric C. Peterson, Executive Director, Consumer Product Safety

Commission, concerning Canadian standards for the flammability of

children's sleepwear; 3 pages; September 13, 1993.

64. Memorandum from Linda Fansler, ES, concerning telephone

conversation between staff of the Consumer Product Safety Commission

and staff of Consumer and Corporate Affairs Canada on June 18, 1992,

concerning the Canadian standards for the flammability of children's

sleepwear; 3 pages.

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

ECPA, entitled ``Tight Fitting Children's Sleepwear''; 5 pages; July

14, 1995.

66. Memorandum from Terrance R. Karels, Project Manager, to

Warren J. Prunella, Associate Executive Director for Economic

Analysis, entitled ``Sleepwear Market Update''; 2 pages; October 6,

1995.

67. Final Regulatory Analysis for amendments of the children's

sleepwear standards by Terrance R. Karels; 8 pages; July 1995.

68. Memorandum from David Schmeltzer, Assistant Executive

Director for Compliance, to Terrance Karels, Project Manager,

entitled ``Sleepwear Briefing Package''; 4 pages; August 24, 1995.

69. Memorandum from Patricia Fairall, Compliance Officer, to

Terrance Karels, Project Manager, entitled ``Compliance Discussion

of the Proposed Amendments to the Children's Sleepwear Standards'';

2 pages; June 26, 1995.

70. Memorandum from Terry L. Kissinger, Ph.D., EHHA, to Terrance

R. Karels, ECPA, entitled ``Response to Public Comments Received

after Publication of the Notice of Proposed Rulemaking''; 8 pages;

July 12, 1995.

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

ECPA, entitled ``Human Factors Responses to Sleepwear NPR

Comments''; 7 pages; May 5, 1995.

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

ECPA, entitled ``Response to Comments''; 3 pages; July 14, 1995.

73. Memorandum from Suad Nakamura, Ph.D., EHPS, to Terrance R.

Karels, Project Manager, entitled ``Children's Sleepwear--Response

to Comments on the Notice of Proposed Rulemaking''; 2 pages; July

19, 1995.

74. Memorandum from Patricia Fairall, Compliance Officer, to

Terrance R. Karels, Program Manager, entitled ``Response to Comments

from Proposed Amendments to the Children's Sleepwear Standards

published in the Federal Register on October 25, 1994''; 5 pages;

June 26, 1995.

75. Memorandum from Terry L. Kissinger, Ph.D., EHHA, to Terrance

R. Karels, ECPA, entitled ``Response to Letter from John Krasny to

James Hoebel''; 5 pages; August 3, 1995.

76. Memorandum from George Sweet, ESHA, to Terrance R. Karels,

ECPA, entitled ``Issues involved in amendment the sleepwear

flammability regulation: Sizing and Labeling''; 3 pages; September

20, 1995.

77. Memorandum from Karen G. Krushaar, OIPA, to Terrance R.

Karels, ECPA, entitled ``Children's Sleepwear Informational

Campaign''; 2 pages; July 11, 1995.

78. Position statement of the National Fire Protection

Association and the Learn Not to Burn Foundation in Opposition to

the Proposed Amendment of the Children's Sleepwear Standards; 5

pages; July 1995.

79. Letter from John F. Krasny to J. F. Hoebel concerning paper

by Vickers, Krasny, and Tovey entitled ``Some Apparel Fire Hazard

Parameters''; 2 pages; July 17, 1995.

80. Memorandum from Linda Fansler, ESME, concerning telephone

conversation with John Krasny on September 20, 1995; 2 pages.

81. Log of public meeting conducted on April 25, 1995,

concerning proposed amendments of the children's sleepwear

flammability standards; 4 pages.

82. Memorandum from James F. Hoebel, Chief Engineer for Fire

Hazards, to Terrance R. Karels, Project Manager, entitled

``Children's Sleepwear''; 3 pages; October 10, 1995.

83. Memorandum from Warren J. Prunella, Associate Executive

Director for Economic Analysis, to file concerning small business

effects of proposed amendments to the children's sleepwear

flammability standards; 3 pages; February 17, 1995.

84. Memorandum from Warren J. Prunella, Associate Executive

Director for Economic Analysis, to Eric A. Rubel, General Counsel,

concerning requirements for Congressional review of final amendments

to the children's sleepwear standards; 3 pages; undated.

85. Vote sheet to accompany briefing package on children's

sleepwear flammability standards; 2 pages; October 11, 1995.

86. Memorandum from Terrance R. Karels, Project Manager, and

Ronald L. Medford, Assistant Executive Director for Hazard

Identification and Reduction entitled ``Questions Regarding

Children's Sleepwear Amendments,'' with attachments; 21 pages;

January 30, 1996.

[FR Doc. 96-22697 Filed 9-6-96; 8:45 am]

BILLING CODE 6355-01-P