Flammable Fabrics Act: 14); flammability standards— Amendments; possible revocation; hearing,

[Federal Register: March 8, 1999 (Volume 64, Number 44)]

[Proposed Rules]

[Page 10963-10964]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr08mr99-28]

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.

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 filedby telefacsimile to (301) 504-0127 or by e-mail to cpsc-os@cpsc.gov.

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, cpsc-os@cpsc.gov, 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. 99-5524Filed3-5-99; 8:45 am]

BILLING CODE 6355-01-P