[Federal Register: January 19, 1999 (Volume 64, Number 11)] [Rules and Regulations] [Page 2832-2833] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr19ja99-17] ======================================================================= ----------------------------------------------------------------------- CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Parts 1615 and 1616 Final 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: Final Clarification of Statement of Policy. ----------------------------------------------------------------------- SUMMARY: The Commission amends the policy statements at 16 CFR 1615.64(d) and 1616.65(d) 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. DATES: This clarification of statements of policy shall become effective January 19, 1999. FOR FURTHER INFORMATION CONTACT: Marilyn Borsari, Office of Compliance, Consumer Product Safety Commission, Washington, D.C. 20207; telephone (301) 504-0400, extension 1370. 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 47,634. 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 expired on June 9, 1998. B. 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 proposed on May 21, 1998 (63 FR 27885) 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. One comment was received on the proposed clarification to the sleepwear segregation policy. This comment, from the National Cotton Council, supported the proposed clarification. The comment stated that the amendment is necessary to prevent confusion to the consumer that would come from not allowing infant and tight-fitting sleepwear to be marketed and promoted as sleepwear. The Commission is unaware of any reason not to issue the amendments, and thus, by this notice, the amendments are issued, as they were proposed, in final form. C. Effective date Because this document issues statements of policy, the requirement of 5 U.S.C. 553(d) that the effective date of substantive rules shall not be less than 30 days from their date of publication is not applicable. Consequently, these amended policy statements shall become effective upon their publication in the Federal Register. D. Issuance 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 amends 16 CFR 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. 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 [[Page 2833]] 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: January 13, 1999. Sadye E. Dunn, Secretary, Consumer Product Safety Commission. [FR Doc. 99-1139 Filed 1-15-99; 8:45 am] BILLING CODE 6355-01-P