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

CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Parts 1615 and 1616

Proposed Revocation of Amendments; Standard for the Flammability

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

Flammability of Children's Sleepwear: Sizes 7 Through 14

AGENCY: Consumer Product Safety Commission.

ACTION: Proposed Revocation of Amendments.

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SUMMARY: As directed by the fiscal year 1999 appropriations legislation

for the Departments of Veterans Affairs and Housing and Urban

Development, and several independent agencies, including the Consumer

Product Safety Commission, the Commission proposes to revoke certain

amendments to the standards for the flammability of children's

sleepwear, sizes 0 through 6X and sizes 7 through 14.

DATES: Written comments concerning this proposed revocation are due not

later than March 22, 1999.

ADDRESSES: Comments should be mailed to the Office of the Secretary,

Consumer Product Safety Commission, Washington, D.C. 20207; telephone:

(301) 504-0800 or delivered to the Office of the Secretary, Room 501,

4330 East-West Highway, Bethesda, Maryland 20814. Comments should be

submitted in five copies and captioned ``Sleepwear Revocation.''

Comments may also be filed by telefacsimile to (301) 504-0127 or by e-

mail to [email protected].

FOR FURTHER INFORMATION CONTACT: Margaret L. Neily, Project Manager,

Directorate for Engineering Sciences, Consumer Product Safety

Commission, Washington, D.C. 20207; telephone (301) 504-0508, extension

1293.

SUPPLEMENTARY INFORMATION:

A. Background

The Consumer Product Safety Commission enforces two flammability

standards for children's sleepwear. The flammability standard for

children's sleepwear in sizes 0 through 6X is codified at 16 CFR Part

1615. The flammability standard for children's sleepwear in sizes 7

through 14 is codified at 16 CFR Part 1616.

On September 9, 1996, the Commission issued a final rule amending

the flammability standards for children's sleepwear to exclude from the

definition of ``children's sleepwear,'' codified at 16 CFR 1615.1(a)

and 1616.2(a), (1) garments sized for infants nine months of age or

younger and (2) tight-fitting garments for children older than nine

months. 61 FR 47634. In addition, on January 12, 1999, the Commission

voted to issue technical changes to the September 9, 1996 amendments.

At the same time, the Commission amended the policy statements at 16

CFR 1615.64(d) and 1616.65(d) so that infant garments and tight-fitting

garments can be marketed and promoted with other sleepwear.

B. Legislation

The bill providing fiscal year 1999 appropriations for the

Commission and other agencies was enacted on October 21, 1998. Public

Law 105-276. Section 429 of that law requires the Commission to

propose, for comment, to revoke the 1996 amendments to the sleepwear

standards, along with any subsequent amendments, not later than 90 days

after October 21, 1998. The law also requires the General Accounting

Office (``GAO'') to review burn incident data from the ignition of

children's sleepwear from small open-flame sources for the period July

1, 1997 through January 1, 1999. The review must be completed by April

1, 1999 and be submitted to the Congress and the Commission.

Based on the GAO findings and other available information, the

Commission is required to issue a final rule by July 1, 1999. The final

rule must (1) revoke, (2) maintain, or (3) modify the 1996 and other

later amendments of the flammability standards for children's

sleepwear. The rulemaking conducted with respect to this matter is not

subject to (1) the Consumer Product Safety Act, 15 U.S.C. 2051 et seq.,

(2) the Flammable Fabrics Act, 15 U.S.C. 1191 et seq., (3) the

Regulatory Flexibility Act, 5 U.S.C. 601 et seq., (4) the National

Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq., (5) the Small

Business Regulatory Enforcement Fairness Act of 1996, Public Law 104-

121, or (6) any other statute or Executive order.

Based on the foregoing, the Commission proposes to revoke the

September 9, 1996 amendments, and subsequent amendments, including the

technical amendments and the amendment to the policy statements. The

following amendments would reinstate the substance of flammability

standards for children's sleepwear as they existed before the 1996 and

later amendments.

List of Subjects in 16 CFR Parts 1615 and 1616

Clothing, Consumer protection, Flammable materials, Infants and

children, Labeling, Records, Sleepwear, Textiles, Warranties.

Conclusion

Pursuant to Public Law 105-276, the Commission proposes to amend 16

CFR parts 1615 and 1616 as follows:

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

SIZES 0 THROUGH 6X

1. The authority citation for part 1615 continues to read as

follows:

Authority: Sec. 4, 67 Stat. 112, as amended, 81 Stat. 569-70; 15

U.S.C. 1193.

2. Paragraph 1615.1 is amended by removing paragraph (c).

3. Paragraphs 1615.1(d) through (n) are redesignated paragraphs

1615.1(c) through (m), respectively.

4. Section 1615.1 is amended by removing paragraph (o) and revising

paragraph (a), to read as follows:

Sec. 1615.1 Definitions.

* * * * *

(a) Children's Sleepwear means any product of wearing apparel up to

and including size 6X, such as nightgowns, pajamas, or similar or

related items, such as robes, intended to be worn primarily for

sleeping or activities related to sleeping. Diapers and underwear are

excluded from this definition.

* * * * *

5. Section 1615.64 is amended by revising paragraph (d)

introductory text to read as follows:

Sec. 1615.64 Policy to clarify scope of the standard.

* * * * *

(d) Retailers, distributors, and wholesalers, as well as

manufacturers, importers, and other persons (such as converters)

introducing a fabric or garment into commerce which does not meet the

requirements of the

[[Page 2868]]

flammability standards for children's sleepwear, have an obligation not

to promote or sell such fabric or garment for use as an item of

children's sleepwear. Also, retailers, distributors, and wholesalers

are advised not to advertise, promote, or sell as an item of children's

sleepwear any item which a manufacturer, importer, or other person

(such as a converter) introducing the item into commerce has indicated

by label, invoice, or otherwise, does not meet the requirements of the

children's sleepwear flammability standards and is not intended or

suitable for use as sleepwear. Additionally, retailers are advised:

* * * * *

PART 1616--STANDARD FOR THE FLAMMABILITY OF CHILDREN'S SLEEPWEAR:

SIZES 7 THROUGH 14

1. The authority for part 1616 continues to read as follows:

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

15 U.S.C. 1193.

2. Section 1616.2 is amended by removing paragraph (m) and revising

paragraph (a) to read as follows:

Sec. 1616.2 Definitions.

* * * * *

(a) Children's sleepwear means any product of wearing apparel size

7 through 14, such as nightgowns, pajamas, or similar or related items,

such as robes, intended to be worn primarily for sleeping or activities

related to sleeping. Underwear and diapers are excluded from this

definition.

* * * * *

3. Section 1616.65 is amended by revising paragraph (d)

introductory text to read as follows:

Sec. 1616.65 Policy scope of the standard.

* * * * *

(d) Retailers, distributors, and wholesalers, as well as

manufacturers, importers, and other persons (such as converters)

introducing a fabric or garment into commerce which does not meet the

requirements of the flammability standards for children's sleepwear,

have an obligation not to promote or sell such fabric or garment for

use as an item of children's sleepwear. Also, retailers, distributors,

and wholesalers are advised not to advertise, promote, or sell as an

item of children's sleepwear any item which a manufacturer, importer,

or other person (such as a converter) introducing the item into

commerce has indicated by label, invoice, or, otherwise, does not meet

the requirements of the children's sleepwear flammability standards and

is not intended or suitable for use as sleepwear. Additionally,

retailers are advised:

* * * * *

Dated: January 13, 1999.

Sadye E. Dunn,

Secretary, Consumer Product Safety Commission.

[FR Doc. 99-1140 Filed 1-15-99; 8:45 am]

BILLING CODE 6355-01-P