47634 Federal Register / Vol. 61, No. 175 / Monday, September 9, 1996 / Rules and Regulations CONSUMER PRODUCT SAFETY for the Flammability of Children's nightgowns and pajamas, by small open- COMMISSION Sleepwear: Sizes 7 through 14 (16 CFR flame sources. The standard for part 1616). The amendments issued sleepwear in sizes 0 through 6X became 16 CFR Parts 1615 and 1616 below exempt sleepwear garments sized effective in 1972 and is now codified at for children nine months of age and 16 CFR part 1615. Standard for the Flammability of younger and ``tight-fitting'' sleepwear In 1973, authority to issue Children's Sleepwear: Sizes 0 Through garments sized for children older than flammability standards under 6X; Standard for the Flammability of nine months to children's size 14 from provisions of the FFA was transferred Children's Sleepwear: Sizes 7 Through all requirements of the children's from the Department of Commerce to 14 sleepwear flammability standards. The the Consumer Product Safety term ``tight-fitting garment'' is defined Commission by section 30(b) of the AGENCY: Consumer Product Safety by specifying maximum dimensions for Consumer Product Safety Act (CPSA) Commission. the chest, waist, seat, upper arm, thigh, (15 U.S.C. 2079(b)). In 1974, the ACTION: Final amendments. wrist, and ankle of the garment for each Commission issued a flammability standard for children's sleepwear in SUMMARY: The Commission issues final size from 9±12 months through sizes 7 through 14. That standard amendments of the flammability children's size 14. The amendments issued below are became effective in 1975 and is now standards for children's sleepwear in codified at 16 CFR part 1616. sizes 0 through 6X and sizes 7 through similar to proposed amendments published in the Federal Register of The safety requirements of the two 14. The amendments issued below standards are nearly identical. They revise the definition of ``children's October 25, 1994 (59 FR 53616). The final amendments differ from the prescribe a test which requires that sleepwear'' in the standard for sizes 0 specimens of fabrics, seams, and trim of through 6X to exclude from the proposal by: • Increasing the size of infant children's sleepwear garments must requirements of that standard: garments garments exempted from the current self-extinguish after exposure to a small sized for infants nine months of age or standard for sizes 0 through 6X; open flame. Both standards require younger; and tight-fitting sleepwear • Changing some of the maximum manufacturers of children's sleepwear garments. The amendments also revise dimensions specified for tight-fitting subject to their provisions to test the definition of ``children's sleepwear'' garments in children's sizes 6X through prototypes of sleepwear garments with in the standard for sizes 7 through 14 to 14; and acceptable results before beginning exclude tight-fitting sleepwear • Eliminating the requirement for a production. Both standards also require 1 garments. The amendments define the permanent label on tight-fitting manufacturers to sample and test term ``tight-fitting garment'' in terms of sleepwear garments to advise the garments from regular production. maximum dimensions at specified purchaser that those garments are not Failure to comply with the sampling locations on garments in sizes for flame-resistant. and testing requirements of the children older than 9 months through The differences between the proposed standards is a violation of section 3 of children's size 14. and final amendment are discussed in the FFA (15 U.S.C. 1192). The standards The Commission issues these detail under the heading G. Comments do not require or prohibit the use of any amendments because it finds that the on the Proposed Amendments. particular type of fabric or garment existing children's sleepwear standards The amendments issued below design as long as the manufacturer are not limited to those sleepwear become effective on January 1, 1997. successfully completes the prescribed garments which present an The Commission's finding that this prototype and production testing. unreasonable risk of burn deaths and effective date is in the public interest C. Garments Subject to the Sleepwear injuries. The Commission concludes and the reasons for that finding are set Standards that the amendments will afford forth under the heading H. Effective consumers a wider selection of Date. Elsewhere in this issue of the Both standards define the term sleepwear garments for children without Federal Register, the Commission has ``children's sleepwear'' to mean ``any diminishing the protection provided by published a notice to continue through product of wearing apparel'' in the sizes the children's sleepwear standards. March 9, 1998 a stay of enforcement for covered by the standard ``such as DATES: The amendments will become close-fitting garments which are labeled nightgowns, pajamas, or similar or effective on January 1, 1997. and promoted as underwear. related items, such as robes, intended to be worn primarily for sleeping or FOR FURTHER INFORMATION CONTACT: B. Background Patricia Fairall, Division of Regulatory activities related to sleeping.'' As Management, Office of Compliance, The Flammable Fabrics Act (FFA) (15 originally issued and as amended Consumer Product Safety Commission, U.S.C. 1191 et seq.) authorizes the below, both standards exclude diapers Washington, DC 20207; telephone (301) issuance of flammability standards for and underwear from their coverage. See 504±0400, extension 1369. products of wearing apparel made from 16 CFR 1615.1(a) and 1616.2(a). fabric to protect the public from Under this definition, the coverage of SUPPLEMENTARY INFORMATION: unreasonable risks of the occurrence of the sleepwear standards is not limited to A. Provisions of Final Amendments fire leading to death, injury, or children's pajamas, nightgowns, and significant property damage. robes, but also includes other garments By publication of this notice of final In 1971, the Secretary of Commerce ``intended primarily for sleeping or rulemaking, the Commission amends issued a flammability standard for activities related to sleeping.'' 16 CFR the Standard for the Flammability of children's sleepwear in sizes 0 through 1615.1(a), 1616.2(a) During the time that Children's Sleepwear: Sizes 0 through 6X under the authority of section 4 of the standards have been in effect, the 6X (16 CFR part 1615) and the Standard the FFA (15 U.S.C. 1193). The standard Commission staff has responded to a was issued to protect young children large number of inquiries from 1 The Commission voted 2±1 to issue these amendments of the children's sleepwear from death and serious burn injuries manufacturers and importers of flammability standards, Chairman Ann Brown which had been associated with ignition children's garments about whether dissenting. of sleepwear garments, such as particular products are ``children's Federal Register / Vol. 61, No. 175 / Monday, September 9, 1996 / Rules and Regulations 47635 sleepwear'' subject to the standards; or amended standard is needed to protect risk of death, injury, or significant ``underwear,'' which is specifically the public against the unreasonable risk property damage. excluded from the standards; or of the occurrence of fire leading to E. Publication of ANPR ``daywear,'' ``playwear,'' or other death, injury, or significant property categories of non-sleepwear garments, damage. The Commission began this each of which is outside the scope of the Section 4(g) of the FFA (15 U.S.C. proceeding by publication of an ANPR standards. 1193(g)) requires publication in the in the Federal Register of January 13, To provide guidance to the children's Federal Register of an advance notice of 1993 (58 FR 4111).(4) The ANPR garment industry on the scope of the proposed rulemaking (ANPR) to begin a identified the products under sleepwear standards, in 1984 the proceeding for the issuance or consideration as children's sleepwear Commission issued policy statements amendment of a flammability standard. garments in sizes 0 through 14, and the which discuss the factors the The ANPR must describe the product risk of injury as death or personal injury Commission will consider when and the risk of injury under from fires resulting from ignition of determining whether a garment is consideration; summarize the regulatory children's sleepwear by small open- intended to be worn primarily for alternatives being considered; provide flame sources. The ANPR also described the sleeping or related activities.(1) 2 These information about existing standards regulatory alternatives being considered policy statements are codified at 16 CFR which may be relevant; invite interested by the Commission. Briefly 1615.64 and 1616.65. Additionally, the parties to submit an existing standard to summarized, the alternatives were: staff developed a pamphlet describing the Commission for publication as the and illustrating various styles of (1) Amend the children's sleepwear proposed standard or a statement of standards to exempt tight-fitting sleepwear and non-sleepwear garments. intention to develop or modify a This pamphlet was revised from time to sleepwear garments and sleepwear voluntary standard to address the risk of garments in infant sizes. Children's time, most recently in 1989.(2) injury under consideration; and solicit During the past several years, many sleepwear garments exempted from the written comments on the risk of injury requirements of the sleepwear standard consumers have expressed a desire to and regulatory alternatives under obtain children's garments made from would be subject to the provisions of the consideration. Standard for the Flammability of 100 percent untreated cotton fabric for If the Commission decides to continue use as sleepwear. Although the Clothing Textiles (16 CFR Part 1610). the proceeding after consideration of That standard prohibits the standards do not prohibit any specific comments and submissions received in type of fabric in the production of manufacture, importation, or sale of response to the ANPR, section 4(i) of the garments which are ``dangerously children's sleepwear, 100 per cent FFA (15 U.S.C.