Flammable Fabrics Act: Policy statement clarification,

[Federal Register: May 21, 1998 (Volume 63, Number 98)]

[Proposed Rules]

[Page 27885-27886]

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

[DOCID:fr21my98-32]

CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Parts 1615 and 1616

Proposed Clarification of Statement of Policy; 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 clarification of statement of policy.

SUMMARY: The Commission proposes to amend the policy statements on the flammability of children's sleepwear so that infant garments (sized for a child nine months and under) and ``tight-fitting'' garments (as defined in the sleepwear standards) can be marketed and promoted with other sleepwear.\1\

\1\ The Commission voted 2-0 to propose clarifying the enforcement policy statement. Commissioners Mary Gall and Thomas Moore voted in favor of issuing the proposal. Chairman Ann Brown abstained.

DATES: Written comments concerning this proposed amendment are due not later than August 4, 1998.

ADDRESSES: Comments should be mailed to the Office of the Secretary, Consumer Product Safety Commission, Washington, D.C. 20207; telephone:

[[Page 27886]]

(301) 504-0800 or delivered to the Office of the Secretary, Room 501, 4330 East-West Highway, Bethesda, Maryland 20814. Copies should be submitted in five copies and captioned ``Sleepwear Policy Statement.'' Comments may also be filedby telefacsimile to (301) 504-0127 or by e- mail to cpsc os@cpsc.gov.

FOR FURTHER INFORMATION CONTACT: Patricia Fairall, Program Manager, Office of Compliance, Consumer Product Safety Commission, Washington, D.C. 20207; telephone (301) 504-0400, extension 1369.

SUPPLEMENTARY INFORMATION:

1. 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. The Commission found that such tight-fitting garments did not present an unreasonable risk of injury. Rather, the Commission's information showed that many severe incidents occurred with loose-fitting garments such as oversized t-shirts used inappropriately as sleepwear. The Commission concluded that garments fitting closely and that touch the body at key points should be exempt from the sleepwear standards because they do not present the same risk as loose-fitting garments. These amendments became effective on January 1, 1997. However, the Commission also issued a stay of enforcement for close-fitting garments which are labeled and promoted as underwear. That stay expires on June 9, 1998.

2. Clarification

   The Commission has become aware that the garment industry is concerned about the policy statements in 16 CFR 1615.64(d) and 1616.65(d), which suggest segregation of items covered by the children's sleepwear standards from all fabrics and garments that are beyond the scope of the children's sleepwear standards. The purpose of the September 9, 1996 final rule was to allow garments sized for a child nine months and under and tight-fitting garments in sizes above nine months to be sold and used as sleepwear. Therefore, the Commission proposes to modify the policy statements at 1615.64(d) and 1616.65(d) to provide that infant garments (defined in the amended sleepwear standard at 16 CFR 1615.1(c)(1) as sized for a child nine months and under) and ``tight-fitting'' garments (defined in the amended sleepwear standard at 16 CFR 1615.1(o) and 1616.2(m)) can be marketed and promoted with other sleepwear.

   For the reasons stated above and pursuant to the authority of Section 4 of the Flammable Fabrics Act (15 U.S.C. 1193), the Commission proposes to amend 16 CFR 1615.64 and 1616.65 to read 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. 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 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. ``Infant garments'' as defined by Sec. 1615.1(c) and ``tight-fitting'' garments as defined by Sec. 1615.1(o) are exempt from the standard which requires flame resistance. They may be marketed as sleepwear for purposes of this section. Additionally, retailers are advised: * * * * *

      PART 1616--STANDARD FOR THE FLAMMABILITY OF CHILDREN'S SLEEPWEAR: SIZES 7 THROUGH 14

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

      Authority: Sec. 4, 67 Stat. 112, as amended, 81 Stat. 569-70; 15 U.S.C. 1193.

   2. 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. ``Tight-fitting'' garments as defined by Sec. 1616.2(m) are exempt from the standard which requires flame resistance. They may be marketed as sleepwear for purposes of this section. Additionally, retailers are advised: * * * * *

      Dated: May 12, 1998. Sadye E. Dunn, Secretary, Consumer Product Safety Commission.

      [FR Doc. 98-13028Filed5-20-98; 8:45 am]

      BILLING CODE 6355-01-P