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

CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Parts 1615 and 1616

Amendments of Children's Sleepwear Standards; Possible

Revocation; Public Hearing

AGENCY: Consumer Product Safety Commission.

ACTION: Proposed revocation of amendments; public hearing.

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SUMMARY: The Commission will conduct a public hearing to receive views

from all interested parties about its proposed revocation of the

amendments of the children's sleepwear flammability standards. Oral

presentations concerning the Commission's proposed revocation will

become part of the public record.

DATES: The hearing will begin at 10 a.m. on April 22, 1999. Requests

from members of the public desiring to make oral presentations must be

received by the Office of the Secretary no later than April 8, 1999.

Persons desiring to make oral presentations at this hearing must submit

a written text of their presentations no later than April 15, 1999.

ADDRESSES: The hearing will be in room 420 of the East-West Towers

Building, 4330 East-West Highway, Bethesda, Maryland 20814. Requests to

make oral presentations, and texts of oral presentations should be

captioned ``Proposed Revocation of Children's Sleepwear Amendments''

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

Commission, Washington, DC 20207, or delivered to that office, room

502, 4330 East-West Highway, Bethesda, Maryland 20814. Requests and

texts of oral presentations may also be filed by telefacsimile to (301)

504-0127 or by e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: For information about the hearing or

to request an opportunity to make an oral presentation, call or write

Rockelle Hammond, Office of the Secretary,

[[Page 10964]]

Consumer Product Safety Commission, Washington, DC 20207; telephone

(301) 504-0800, extension 1232; telefax (301) 504-0127.

SUPPLEMENTARY INFORMATION: Section 429 of the bill providing fiscal

year 1999 appropriations for the Commission (Pub. L. 105-276) requires

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

to the sleepwear standards, along with any subsequent amendments, not

later than January 19, 1999. The law also requires the General

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

ignition of children's sleepwear from small open-flame sources for the

period July 1, 1997 through January 1, 1999. The review must be

completed by April 1, 1999 and be submitted to the Congress and the

Commission.

Based on the GAO findings and other available information, the

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

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

later amendments of the flammability standards for children's

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

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

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

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

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

Business Regulatory Enforcement Fairness Act of 1996, Pub. L. 104-121,

or (6) any other statute or Executive order.

In accordance with Pub. L. 105-276 the Commission, on January 19,

1999, 64 FR 2867, proposed to revoke the September 9, 1996 (61 FR

47634) and subsequent amendments, including the technical amendments

issued January 19, 1999 (64 FR 2833), and the clarification of

statement of policy issued January 19, 1999 (64 FR 2832). The 1996

amendments excluded from the definition of children's sleepwear in the

flammability of children's sleepwear standards (1) garments sized for

infants nine months of age or younger, and (2) tight-fitting garments

for children older than nine months. The 1999 technical amendments

changed the location on garments where the specified dimensions of

excluded sleepwear would be measured. The 1999 clarification of policy

statement allowed infant garments and tight-fitting garments to be

marketed and promoted with other complying (flame-resistant) sleepwear.

By letter received February 4, 1999, the National Fire Protection

Association (``NFPA'') requested an opportunity to present oral

testimony before the Commission on issues related to the proposed

revocation. NFPA requested that a date for the oral presentations be

selected after the public comments on the proposed revocation were due

(March 22, 1999) and after the GAO report was due (April 1, 1999) so

that it could review the comments and report before the oral

proceeding. Similar requests were also received from the American Burn

Association, the Coalition for American Trauma Care, and the Trauma

Foundation. The Commission, having considered these requests, agreed

that although Pub. L. 105-276 does not require an opportunity for oral

presentations, these requests should be granted.

Accordingly, the Commission will conduct a public hearing on April

22, 1999 to receive oral presentations from the public concerning its

proposed revocation. Persons who desire to make oral presentations at

the hearing on April 22, 1999, should call or write Rockelle Hammond,

Office of the Secretary, Consumer Product Safety Commission,

Washington, DC 20207, telephone (301) 504-0800, telefax (301) 504-0127,

or e-mail, [email protected], no later than April 8, 1999. Requests for

copies of the GAO report and the written public comments on the

proposed revocation should be made at the same phone number and

address.

Presentations should be limited to approximately ten minutes.

Persons desiring to make oral presentations must submit the written

text of their presentations to the Office of the Secretary not later

than April 15, 1999. The Commission reserves the right to impose

further time limitations on all presentations and further restrictions

to avoid duplication of presentations. The hearing will begin at 10

a.m. on April 22, 1999, and will conclude the same day.

Dated: March 2, 1999.

Sadye E. Dunn,

Secretary, Consumer Product Safety Commission.

[FR Doc. 99-5524 Filed 3-5-99; 8:45 am]

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