[Federal Register Volume 62, Number 216 (Friday, November 7, 1997)]
[Rules and Regulations]
[Pages 60163-60164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29306]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Parts 1615 and 1616
Standards for Flammability of Children's Sleepwear: Sizes 0
Through 6X and 7 Through 14; Stay of Enforcement; Extension
AGENCY: Consumer Product Safety Commission.
ACTION: Extension of Stay of Enforcement.
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SUMMARY: This document announces the Commission's decision to extend
the stay of enforcement of sleepwear requirements involving garments
currently used or likely to be used as sleepwear if these garments are
skin-tight or nearly skin-tight, similar in design, material, and fit
to underwear, and are labeled as ``underwear.''
DATES: The stay which first became effective on January 13, 1993
(published at 58 FR 4178, January 13, 1993), and was extended at 59 FR
53584, October 25, 1994, and 61 FR 47412, September 9, 1996, will
continue in effect until June 9, 1998.
FOR FURTHER INFORMATION CONTACT: Patricia A. Fairall, Office of
Compliance and Enforcement, Consumer Product Safety Commission,
Washington, DC 20207; telephone (301) 504-0400, extension 1369.
SUPPLEMENTARY INFORMATION: On January 13, 1993, the Commission
published a document announcing that for certain garments it would stay
enforcement of its Standard for the Flammability of Children's
Sleepwear: Sizes 0-6x (16 CFR part 1615) and the Standard for the
Flammability of Children's Sleepwear Sizes 7-14 (16 CFR part 1616). The
Commission stated that it would not enforce the sleepwear flammability
standards against garments used by children for sleeping that are: (1)
Skin-tight or nearly skin-tight; (2) manufactured from fabrics such as
rib knit, interlock knit, or waffle knit; (3) relatively free of
ornamentation; and (4) labeled and marketed as ``underwear.''
The stay was part of the Commission's effort to amend its sleepwear
regulations to exempt certain tight-fitting garments and infant
garments from the sleepwear standards. The stay was published on the
same day as an advance notice of proposed rulemaking beginning the
proceeding to exempt these garments. See 58 FR 4111. The Commission has
since published a proposed rule (59 FR 53616) and a final rule (61 FR
47634) exempting certain tight-fitting and infant garments from the
sleepwear flammability standards.
While the Commission was considering amending the standard and to
allow time for the industry to adjust to the exemption, the Commission
extended the stay of enforcement when it issued the proposed rule (59
FR 53584) and the final rule (61 FR 47412). The Commission is extending
the stay 3 months, from March 9, 1998 to June 9, 1998 for the garments
described above. The Commission is taking this action because the March
9 date falls in the middle of a retail cycle. Without the extension,
retailers and manufacturers believe that in the same selling season
they would need to offer and make garments that are acceptable under
the stay for the first half of the season and garments that meet the
tight fitting requirements for the second half. This could be
burdensome for some companies and make it more difficult to insure
compliance of manufactured/marketed garments. The Commission does not
believe that extending the stay 3 months will adversely affect the
industry or consumer safety.
Garments covered by the stay must meet applicable requirements of
the Standard for the Flammability of
[[Page 60164]]
Clothing Textiles, 16 CFR part 1610, and the Standard for the
Flammability of Vinyl Plastic Film, 16 CFR part 1611.
After the stay expires, children's sleepwear must either pass the
flammability tests described in the regulations at 16 CFR parts 1615
and 1616 or meet the definition of ``tight-fitting garments'' described
in 16 CFR 1615.1(o) and 1616.1(m), or be in infant sizes 9 months or
smaller.
Dated: October 31, 1997.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 97-29306 Filed 11-6-97; 8:45 am]
BILLING CODE 6355-01-P
