98-13026. Proposed Technical Changes; Standard for the Flammability of Children's Sleepwear: Sizes 0 Through 6X; Standard for the Flammability of Children's Sleepwear: Sizes 7 Through 14  

  • [Federal Register Volume 63, Number 98 (Thursday, May 21, 1998)]
    [Proposed Rules]
    [Pages 27877-27885]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-13026]
    
    
    =======================================================================
    -----------------------------------------------------------------------
    
    CONSUMER PRODUCT SAFETY COMMISSION
    
    16 CFR Parts 1615 and 1616
    
    
    Proposed Technical Changes; 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 technical changes.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The Commission proposes to amend the flammability standards 
    for children's sleepwear in sizes 0 through 6X and 7 through 14 to make 
    several technical changes that would correct the definition of ``tight-
    fitting garment.'' 1 The proposed changes will clarify the 
    points where garment measurements should be made.
    ---------------------------------------------------------------------------
    
        \1\ The Commission voted to issue the proposed changes 2-0. 
    Commissioners Mary Gall and Thomas Moore voted in favor of issuing 
    the proposed rule. Chairman Ann Brown abstained.
    
    DATES: Written comments concerning this proposed amendment are due no 
    ---------------------------------------------------------------------------
    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: 
    (301) 504-0800 or delivered to the Office of the Secretary, room 501, 
    4330 East-West Highway, Bethesda, Maryland 20814. Comments should be 
    submitted in five copies and captioned ``Sleepwear.'' Comments may also 
    be filed by telefacsimile to (301) 504-0127 or by email to os@cpsc.gov
    
    .FOR FURTHER INFORMATION CONTACT: Margaret Neily, Project Manager, 
    Directorate for Engineering Sciences, Consumer Product Safety 
    Commission, Washington, D.C. 20207; telephone (301) 504-0550, extension 
    2354.
    
    SUPPLEMENTARY INFORMATION:
    
    A. Background
    
        In 1971, the Secretary of Commerce issued a flammability standard 
    for children's sleepwear in sizes 0 through 6X, which became effective 
    in 1972. That standard, issued under Section 4 of the Flammable Fabrics 
    Act (``FFA''), 15 U.S.C. 1193, prescribes tests for children's 
    sleepwear garments and fabrics intended for use in children's 
    sleepwear. The flammability standard for children's sleepwear in sizes 
    0 through 6X is codified at 16 CFR Part 1615.
        In 1973, responsibility for administration and enforcement of the 
    FFA was transferred to the Consumer Product Safety Commission by 
    provisions of section 30(b) of the Consumer Product Safety Act. 15 
    U.S.C. 2079(b). In 1974, the Commission issued a flammability standard 
    for children's sleepwear in sizes 7 through 14, to become effective in 
    1975. The tests in that standard are substantially the same as those in 
    the standard for children's sleepwear in sizes 0 through 6X. The 
    flammability standard for children's sleepwear in sizes 7 through 14 is 
    codified at 16 CFR Part 1616.
        Both standards require that test specimens must self-extinguish 
    when exposed to a small open-flame ignition source. Self-extinguishing 
    fabrics and garments are those that stop burning when removed from an 
    ignition source.
    
    [[Page 27878]]
    
    Both standards require manufacturers of sleepwear garments to perform 
    prototype tests on specimens of fabric, seams, and trim with acceptable 
    results before beginning production of sleepwear garments. Both 
    standards also require manufacturers of sleepwear fabrics and garments 
    to group fabrics and garments into production units and to randomly 
    sample and test products from each production unit. Neither standard 
    requires that specific fabrics or flame-retardant treatments be used in 
    the manufacture of children's sleepwear.
        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'' (1) garments sized for infants 
    nine months of age or younger and (2) tight-fitting sleepwear garments 
    for children older than nine months. 61 FR 47634.
        The Commission found that such tight-fitting sleepwear did not 
    present an unreasonable risk of injury. Rather, the Commission's 
    information showed that sleepwear incidents occurred with loose-fitting 
    garments such as nightgowns. A review of literature for that amendment 
    showed that fit can influence garment flammability. Garments that fit 
    close to the body are less likely to catch fire in the first place and 
    less likely to allow heat to develop between the fabric and the body, 
    thus decreasing the likelihood of thermal injury. Id. The Commission 
    concluded that garments fitting closely and that touch the body at key 
    points should be exempt from the sleepwear standards as 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 1, 1998. 
    62 FR 60163.
        The Commission defined tight-fitting garments as those that did not 
    exceed certain measurements in the chest, waist, seat, upper arm, 
    thigh, wrist, and ankle for each size ranging from over 9 months 
    through children's size 14. In the amendments, the Commission specified 
    maximum allowable measurements for each of these locations for each 
    size garment. 61 FR 47644-47.
    
    B. Statutory Provisions
    
        The FFA provides that the Commission can issue or amend a 
    flammability standard when the standard may be needed to protect the 
    public from an unreasonable risk of the occurrence of fire leading to 
    death, injury or significant property damage. 15 U.S.C. 1193(a).
        Section 4(g) of the FFA, states that a proceeding ``for the 
    promulgation of a regulation under this section'' shall be initiated by 
    publication of an advance notice of proposed rulemaking (``ANPR''). 15 
    U.S.C. 1193(g). That section requires that the ANPR identify the 
    product and the nature of the risk at issue; summarize the alternatives 
    under consideration; provide information about existing relevant 
    standards; and invite interested persons to submit comments on the 
    ANPR. Id.
        Due to the technical nature and narrow scope of this proceeding, an 
    ANPR conforming to the requirements of section 4(g) would be of no 
    value to the public or the Commission. This proposed amendment would 
    simply correct errors in the previous amendments to the children's 
    sleepwear standards. The only change that would result if this 
    amendment were to be issued in final is that some locations on 
    sleepwear garments would be measured in a slightly different place to 
    determine whether they could be exempt as tight-fitting garments. Thus, 
    the Commission is initiating this rulemaking with this notice of 
    proposed rulemaking (``NPR'') rather than an ANPR.
    
    C. Proposed Amendments
    
    1. Need for Technical Changes
    
        Once manufacturers began to design tight-fitting sleepwear that 
    would meet the amendments, they identified some problems with design 
    and construction of these garments. First, in December 1996, it became 
    apparent that the location specified to measure the upper arm (``at a 
    line perpendicular to the sleeve. Extending from the outer edge of the 
    sleeve to the arm pit'') would result in an unworkable garment. Some 
    garment manufacturers asserted that measuring the upper arm at this 
    location could result in an opening at the upper end of the sleeve (the 
    armhole) that would be uncomfortable to the wearer. Thus, the 
    Commission staff sent an enforcement letter to industry clarifying the 
    measurement point for the upper arm.
        Industry members told CPSC staff of other manufacturing problems 
    they were having with making tight-fitting sleepwear. On June 4, 1997, 
    an industry task force presented the staff with recommendations for 
    producing cotton garments. They suggested a new set of garment 
    dimensions as well as revised points of measurements. Most dimensions 
    were larger than those in the Commission's standard. The staff reviewed 
    the suggestions from the industry task force and those of other 
    industry members. The staff concluded that some technical changes to 
    the standard were necessary for manufacturers to make workable 
    garments. However, the staff concluded that most of the changes 
    advocated by the industry task force and others would result in larger 
    garments that would not meet the standard's safety criteria. As 
    mentioned above, the Commission based its exemption for tight-fitting 
    garments on information showing that garments close to the body and 
    touching it at key points would not present an unreasonable risk. The 
    revisions suggested by industry would produce garments that would fall 
    away from the body.
        It seemed apparent to the staff that some adjustments needed to be 
    made to the locations for measurements specified in the amendments for 
    some points on the garments. The staff believed that these adjustments 
    would be needed for the point of measurement of the upper arm, the 
    seat, and the thigh. The staff also examined possible changes to the 
    sweep (bottom of the top of a two-piece garment). In order to better 
    assess this need and to determine if the possible changes would result 
    in practical, wearable garments, the staff conducted structured 
    observations of some garments.
    
    2. Observations
    
        The staff conducted a series of observations to see if the 
    technical changes that appeared necessary would result in practical 
    garments. The staff considered practical garments to be ones that 
    adhere to the intentions of the regulation to provide a snug fit while 
    permitting the wearer to move without undue discomfort or restraint. 
    Eight manufacturers provided garments for children to try on so that 
    the staff could assess the comfort and fit of the various garments. 
    Numerous different fabrics were used (several 1x1 rib knits, several 
    interlock knits, and a thermal knit). Garment fit was evaluated by CPSC 
    staff with experience in garment design and construction. During the 
    observations children put on and took off the garments, played actively 
    and simulated sleeping. The staff observers looked for indications that 
    the garments were binding or causing discomfort. The children also took 
    garments home to sleep in.
        One garment that met the current tight-fitting requirements was 
    included. It proved to be impractical for several reasons. Measuring 
    the upper arm from the arm pit produced an armhole too small to be 
    comfortable and made it
    
    [[Page 27879]]
    
    impossible for a child to remove the garment top without assistance. 
    The points of measurement for the thigh and seat resulted in pants that 
    were unnecessarily tight in these areas. This tightness would also tend 
    to further restrict the fabrics that could be used.
        The garments made according to measurement locations contemplated 
    by the staff appeared to be wearable, comfortable and suitable for 
    sleeping and play. Children (or parents of smaller children) had no 
    problems putting the garments on or removing them. The children's 
    bodies remained covered when they moved about. The fabrics' stretch 
    accommodated leg and arm movements so the children were able to bend, 
    squat, run and roll. The children reported no discomfort sleeping in 
    the garments overnight.
    
    3. Substance of Changes
    
    Measurement of Upper Arm
        As explained above, this proposed amendment would allow 
    manufacturers to measure sleepwear garments at a location that better 
    approximates the true upper arm of the garment. In an effort to 
    simplify the definition of ``tight-fitting garment'' the 1996 sleepwear 
    amendments called for measuring from the arm pit; however, this does 
    not allow sufficient room at the upper opening of the sleeve. Under the 
    proposed correction, the upper arm would be measured from the shoulder 
    to approximately one quarter the length of the arm.
        The maximum upper arm dimensions for each size specified in the 
    1996 sleepwear amendments would remain unchanged. These are indicated 
    in the charts provided in the September 9, 1996 Federal Register 
    notice. 61 FR 47644-47 (codified at 16 CFR 1615.1(o) and 1616.2(m)). 
    This proposed amendment would only change the location where the upper 
    arm is measured.
        To determine the appropriate point for the upper arm measurement, 
    the staff considered available sizing and body measurements. For sizes 
    9 months through 6x the staff based its calculations on the arm lengths 
    given in ASTM standards D4910-95a and D5826-95. Currently there is no 
    ASTM standard for body measurements for sizes 7 through 14. Therefore 
    the staff based its calculations for these sizes on the 1977 
    anthropometric study of U.S. children conducted by the University of 
    Michigan.
    Measurement of Seat
        The 1996 sleepwear amendments state that the seat should be 
    measured ``at widest location between waist and crotch.'' 16 CFR 
    1615.1(o) and 1616.2(m) (see footnotes to chart). If read literally, 
    this describes a location immediately above the bottom of the crotch 
    and is essentially the same location as specified for the thigh 
    measurement. This is not where the seat/hip measurement is normally 
    made under general industry practices. A literal reading of this 
    direction results in a more contstricted pant in the seat and thigh 
    area.
        Originally, the staff considered measuring just above the curve in 
    the crotch seam, some specified number of inches above the bottom of 
    the crotch. A different distance would be specified for groups of 
    sizes, e.g., 2\1/2\ inches above the bottom of the crotch for infant 
    sizes.
        However, during the observations the staff found that specifying 
    the point of measurement as 4 inches above the crotch consistently 
    matched the seat/hip location on the wearer. Specifying a uniform 
    measurement for all sizes also has the advantage of being easier to 
    apply both for manufacturers and for Commission enforcement. Thus, the 
    Commission proposes to specify that the seat should be measured 4 
    inches above the crotch for all sizes.
    Measurement of Thigh
        The amendments state that the thigh measurement should be taken 
    ``at a line perpendicular to the leg extending from the outer edge of 
    the leg to the crotch.'' 16 CFR 1615.1(o) and 1616.2(m)(see footnotes 
    to chart). This calls for measuring the thigh right at the bottom of 
    the crotch. This is not really the location of the thigh and means 
    measuring at a point where bulky seams join. Typical practice in the 
    garment design and manufacturing industry is to measure the thigh at a 
    point one inch down the inseam from its intersection with the crotch 
    seam. This provides a more accurate measurement of the thigh without 
    interference from the bulky intersection of the seams. Thus, the 
    Commission proposes that the thigh be measured at this point.
    Sweep
        The staff also considered whether any change should be made to the 
    sweep of the top of a two-piece garment. The existing standard provides 
    that the sweep must be equal to or less than the waist dimension. This 
    is specified in the notes to the chart specifying where to measure the 
    waist (``on two-piece garment, measure width at the bottom of the upper 
    piece, and the top of the lower piece.''). The staff considered also 
    allowing an hourglass silhouette that essentially is allowed now for 
    one-piece garments. However, the observations showed that such an 
    hourglass shape for a two-piece garment could create extra loose fabric 
    around the waist after a child has raised her arms. That is, after a 
    child is moving around the top would ride up to the waist creating 
    loose fabric. Thus, the Commission is not proposing to make any changes 
    to the sweep of the garments.
    
    D. Effective Date
    
        Section 4(b) of the FFA provides that an amendment of a 
    flammability standard shall become effective one year from the date it 
    is promulgated, unless the Commission finds for good cause that an 
    earlier or later effective date is in the public interest and publishes 
    that finding. 15 U.S.C. 1193(b). Section 4(b) also requires that an 
    amendment of a flammability standard shall exempt product ``in 
    inventory or with the trade'' on the date the amendment becomes 
    effective, unless the Commission limits or withdraws that exemption 
    because those products are so highly flammable that they are dangerous 
    for use by consumers.
        The Commission has reason to believe that an effective date 30 days 
    after publication of final amendments will be in the public interest. 
    This would provide adequate notice to the public and would allow for 
    the prompt initiation of these minor adjustments.
        The Commission does not propose to withdraw or limit the exemption 
    for products in inventory or with the trade as provided by section 4(b) 
    of the FFA. The Commission notes that on December 9, 1996 the 
    Commission staff issued an enforcement policy stating that it would 
    exercise its enforcement discretion concerning the measurement of the 
    upper arm between the shoulder and the elbow. Specific measurement 
    points for each size were given in a table. Thus, manufacturers may 
    currently use the table reproduced below in the proposed amendments 
    when measuring the sleepwear garment's upper arm. The other proposed 
    technical changes are also minor in nature, simply changing the point 
    of measurement. Thus, the Commission believes that a 30-day effective 
    date once the changes have been issued as a final rule is appropriate. 
    Manufacturers who wish to may use the proposed points of measurement in 
    making garments, and the staff will not take any enforcement action. Of 
    course, manufacturers may also continue to use the points of 
    measurement specified in the 1996 amendments until any changes become 
    effective.
    
    [[Page 27880]]
    
    E. Impact on Small Businesses
    
        When an agency undertakes a rulemaking proceeding, the Regulatory 
    Flexibility Act, 5 U.S.C. 601 et seq., generally requires the agency to 
    prepare proposed and final regulatory flexibility analyses describing 
    the impact of the rule on small businesses and other small entities. 
    Section 605 of the Act provides that an agency is not required to 
    prepare a regulatory flexibility analysis if the head of an agency 
    certifies that the rule will not have a significant economic impact on 
    a substantial number of small entities.
        The Commission hereby certifies that the proposed amendments to the 
    flammability standards for children's sleepwear described below will 
    not have a significant impact on a substantial number of small 
    businesses or other small entities. The proposed amendments clarify 
    where the upper arm, seat and thigh measurements should be taken to 
    determine whether a children's sleepwear garment may be exempt as a 
    ``tight-fitting garment.'' These changes in the location of measurement 
    will not have an impact on small businesses.
    
    F. Environmental Considerations
    
        Pursuant to the National Environmental Policy Act, and in 
    accordance with the Council on Environmental Quality regulations and 
    CPSC procedures for environmental review, the Commission has assessed 
    the possible environmental effects associated with the proposed 
    amendments to the children's sleepwear standards.
        The Commission's regulations state that amendments such as this one 
    normally have little or no potential for affecting the human 
    environment. 16 CFR 1021.5(c)(3). The Commission has no information 
    indicating that this particular amendment would affect the environment. 
    Therefore, the Commission determines that neither an environmental 
    assessment nor an environmental impact statement is required.
    
    G. Executive Orders
    
        According to Executive Order 12988 (February 5, 1996), agencies 
    must state in clear language the preemptive effect, if any, of new 
    regulations. These amendments, if issued in final, would slightly 
    modify the flammability standards for children's sleepwear under the 
    FFA. The FFA provides that, generally, when a flammability standard 
    issued under the FFA is in effect, ``no State or political subdivision 
    of a State may establish or continue in effect a flammability standard 
    or other regulation for such fabric, related material, or product if 
    the standard or other regulation is designed to protect against the 
    same risk of occurrence of fire'' as the FFA standard ``unless the 
    State or political subdivision standard or other regulation is 
    identical'' to the FFA standard. 15 U.S.C. 1203(a). A local standard 
    may be excepted from this preemptive effect if: (1) the local standard 
    provides a higher degree of protection from the risk of occurrence of 
    fire than the FFA standard or (2) the State or political subdivision 
    applies to the Commission for an exemption from the FFA's preemption 
    clause and the Commission grants the exemption through a process 
    specified at 16 CFR part 1061. 15 U.S.C. 1203(b) and (c).
        Thus, the proposed amendments would modify the points specified for 
    measuring garments exempt from the sleepwear flammability standards 
    that preempt non-identical state or local flammability standards or 
    regulations which are designed to protect against the same risk of 
    occurrence of fire as the FFA flammability standards for children's 
    sleepwear.
        In accordance with Executive Order 12612 of October 26, 1987, the 
    Commission certifies that the proposed amendments do not have 
    sufficient implications for federalism to warrant a Federalism 
    Assessment.
    
    List of Subjects in 16 CFR Parts 1615 and 1616
    
        Clothing, Consumer protection, Flammable materials, Infants and 
    children, Labeling, Records, Sleepwear, Textiles, Warranties.
    
    Conclusion
    
        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 parts 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 1615.1 is amended by revising paragraph (o) introductory 
    text and (o)(1) to read as follows:
    
    
    Sec. 1615.1  Definitions.
    
    * * * * *
        (o) Tight-fitting garment means a garment which:
        (1)(i) In each of the sizes listed below does not exceed the 
    maximum dimension specified below for the chest, waist, seat, upper 
    arm, thigh, wrist, or ankle:
    
    ----------------------------------------------------------------------------------------------------------------
                                                                            Upper                                   
                                           Chest      Waist       Seat       arm       Thigh      Wrist      Ankle  
    ----------------------------------------------------------------------------------------------------------------
                                                      Size 9-12 mos                                                 
    ----------------------------------------------------------------------------------------------------------------
    Maximum Dimension:                                                                                              
        Centimeters....................       48.3       48.3       48.3       14.3       26.7       10.5         13
        (inches).......................       (19)       (19)       (19)   (5\5/8\)  (10\1/2\)   (4\1/8\)   (5\1/8\)
    ----------------------------------------------------------------------------------------------------------------
                                                     Size 12-18 mos                                                 
    ----------------------------------------------------------------------------------------------------------------
    Maximum Dimension:                                                                                              
        Centimeters....................       49.5       49.5       50.8       14.9       28.3       10.5       13.1
        (inches).......................  (19\1/2\)  (19\1/2\)       (20)   (5\7/8\)  (11\1/8\)   (4\1/8\)   (5\1/8\)
    ----------------------------------------------------------------------------------------------------------------
                                                     Size 18-24 mos                                                 
    ----------------------------------------------------------------------------------------------------------------
    Maximum Dimension:                                                                                              
        Centimeters....................       52.1       50.8       53.3       15.6       29.5         11       13.6
        (inches).......................  (20\1/2\)       (20)       (21)   (6\1/8\)  (11\5/8\)   (4\1/4\)   (5\3/8\)
    ----------------------------------------------------------------------------------------------------------------
    
    [[Page 27881]]
    
                                                                                                                    
                                                         Size 2                                                     
    ----------------------------------------------------------------------------------------------------------------
    Maximum Dimension:                                                                                              
        Centimeters....................       52.1       50.8       53.3       15.6       29.8       11.4         14
        (inches).......................  (20\1/2\)       (20)       (21)   (6\1/8\)  (11\3/4\)   (4\1/2\)   (5\1/2\)
    ----------------------------------------------------------------------------------------------------------------
                                                         Size 3                                                     
    ----------------------------------------------------------------------------------------------------------------
    Maximum Dimension:                                                                                              
        Centimeters....................       53.3       52.1         56       16.2       31.4       11.7       14.9
        (inches).......................       (21)  (20\1/2\)       (22)   (6\3/8\)  (12\3/8\)   (4\5/8\)   (5\7/8\)
    ----------------------------------------------------------------------------------------------------------------
                                                         Size 4                                                     
    ----------------------------------------------------------------------------------------------------------------
    Maximum Dimension:                                                                                              
        Centimeters....................         56       53.3       58.4       16.8       33.0       12.1       15.9
        (inches).......................       (22)       (21)       (23)   (6\5/8\)       (13)   (4\3/4\)   (6\1/4\)
    ----------------------------------------------------------------------------------------------------------------
                                                         Size 5                                                     
    ----------------------------------------------------------------------------------------------------------------
    Maximum Dimension:                                                                                              
        Centimeters....................       58.4       54.6       61.0       17.5       34.6       12.4       16.8
        (inches).......................       (23)  (21\1/2\)       (24)    6\7/8\)   13\5/8\)   (4\7/8\)   (6\5/8\)
    ----------------------------------------------------------------------------------------------------------------
                                                         Size 6                                                     
    ----------------------------------------------------------------------------------------------------------------
    Maximum Dimension:                                                                                              
        Centimeters....................       61.0       55.9       63.5       18.1       36.2       12.7       17.8
        (inches).......................       (24)       (22)       (25)   (7\1/8\)  (14\1/4\)        (5)        (7)
    ----------------------------------------------------------------------------------------------------------------
                                                        Size 6X                                                     
    ----------------------------------------------------------------------------------------------------------------
    Maximum Dimension:                                                                                              
        Centimeters....................       62.9       57.2       65.4       18.7       37.8       13.0       18.7
        (inches).......................  (24\3/4\)  (22\1/2\)  (25\3/4\)   (7\3/8\)  (14\7/8\)   (5\1/8\)   (7\3/8\)
    ----------------------------------------------------------------------------------------------------------------
    
        Note: Measure the dimensions on the front of the garment. Lay 
    garment, right side out, on a flat, horizontal surface. Smooth out 
    wrinkles. Measure distances as specified below and multiply them by 
    two. Measurements should be equal to or less than the maximum 
    dimensions given in the standards.
    
        (A) Chest--measure distance from arm pit to arm pit (A to B) as in 
    Diagram 1.
        (B) Waist--See Diagram 1. One-piece garment, measure at the 
    narrowest location between arm pits and crotch (C to D). Two-piece 
    garment, measure width at both the bottom/ sweep of the upper piece (C 
    to D) and, as in Diagram 3, the top of the lower piece (C to D).
        (C) Wrist--measure the width of the end of the sleeve (E to F), if 
    intended to extend to the wrist, as in Diagram 1.
        (D) Upper arm--draw a straight line from waist/sweep D through arm 
    pit B to G. Measure down the sleeve fold from G to H. Refer to table 
    below for G to H distances for each size. Measure the upper arm of the 
    garment (perpendicular to the fold) from H to I as shown in Diagram 1.
    
    [GRAPHIC] [TIFF OMITTED] TP21MY98.062
    
    Diagram 1
    
    [[Page 27882]]
    
    
                                    Distance From Shoulder (G) to (H) for Upper Arm Measurement for Sizes 9 Months Through 6x                               
    --------------------------------------------------------------------------------------------------------------------------------------------------------
         9-12 mo          12-18 mo         18-24 mo            2                3                4                5                6                6x      
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    5.8 cm..........        6.6 cm           7.4 cm           7.4 cm           8.1 cm           8.8 cm           9.5 cm          10.3 cm            11 cm   
    2\1/8\''........      2\5/8\''         2\7/8\''         2\7/8\''         3\1/4\''         3\1/2\''         3\3/4\''              4''         4\3/8\''   
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    
        (E) Seat--Fold the front of the pant in half to find the bottom of 
    the crotch at J as in the left side of Diagram 2. The crotch seam and 
    inseam intersect at J. Mark point K on the crotch seam at 4 inches 
    above and perpendicular to the bottom of the crotch. Unfold the garment 
    as in the right side of Diagram 2. Measure the seat from L to M through 
    K as shown.
        (F) Thigh--measure from the bottom of the crotch (J) 1 inch down 
    the inseam to N as in the left side of Diagram 2. Unfold the garment 
    and measure the thigh from the inseam at N to O as shown in the right 
    side of Diagram 2.
        (G) Ankle--measure the width of the end of the leg (P to Q), if 
    intended to extend to the ankle, as in the right side of Diagram 2.
    [GRAPHIC] [TIFF OMITTED] TP21MY98.063
    
    Diagram 2
    
    * * * * *
    
    PART 1616--STANDARD FOR THE FLAMMABILITY OF CHILDREN'S SLEEPWEAR: 
    SIZES 7 THROUGH 14
    
        1. The authority for part 1616 continues to read as follows:
    
        Authority: Sec. 4, 67 Stat. 112, as amended, 81 Stat 569-570; 15 
    U.S.C. 1193.
    
        2. Section 1616.2 is amended by revising paragraph (m) introductory 
    text and (m)(1) to read as follows:
    
    
    Sec. 1616.2  Definitions.
    
    * * * * *
        (m) Tight-fitting garment means a garment which:
        (1)(i) In each of the sizes listed below does not exceed the 
    maximum dimension specified below for the chest, waist, seat, upper 
    arm, thigh, wrist, or ankle:
    
    ----------------------------------------------------------------------------------------------------------------
                                           Chest      Waist       Seat    Upper arm    Thigh      Wrist      Ankle  
    ----------------------------------------------------------------------------------------------------------------
                                                     Size 7 Boys 1                                                  
    ----------------------------------------------------------------------------------------------------------------
    Maximum Dimension:                                                                                              
        Centimeters....................       63.5       58.4         66       18.7       37.2       13.0       18.7
        (inches).......................       (25)       (23)       (26)   (7\3/8\)  (14\5/8\)   (5\1/8\)   (7\3/8\)
    ----------------------------------------------------------------------------------------------------------------
                                                      Size 7 Girls                                                  
    ----------------------------------------------------------------------------------------------------------------
    Maximum Dimension:                                                                                              
        Centimeters....................       63.5       58.4       67.3       18.7       38.7       13.0       18.7
        (inches).......................       (25)       (23)  (26\1/2\)   (7\3/8\)  (15\1/4\)   (5\1/8\)   (7\3/8\)
    ----------------------------------------------------------------------------------------------------------------
                                                     Size 8 Boys 1                                                  
    ----------------------------------------------------------------------------------------------------------------
    Maximum Dimension:                                                                                              
        Centimeters....................         66       59.7       67.3       19.4       38.4       13.3       19.1
        (inches).......................       (26)  (23\1/2\)  (26\1/2\)   (7\5/8\)  (15\1/8\)   (5\1/4\)   (7\1/2\)
    ----------------------------------------------------------------------------------------------------------------
    
    [[Page 27883]]
    
                                                                                                                    
                                                      Size 8 Girls                                                  
    ----------------------------------------------------------------------------------------------------------------
    Maximum Dimension:                                                                                              
        Centimeters....................         66       59.7       71.1       19.4       41.3       13.3       19.1
        (inches).......................       (26)  (23\1/2\)       (28)   (7\5/8\)  (16\1/4\)   (5\1/4\)   (7\1/2\)
    ----------------------------------------------------------------------------------------------------------------
                                                     Size 9 Boys 1                                                  
    ----------------------------------------------------------------------------------------------------------------
    Maximum Dimension:                                                                                              
        Centimeters....................       68.6       61.0       69.2         20       39.7       13.7       19.4
        (inches).......................       (27)       (24)  (27\1/4\)   (7\7/8\)  (15\5/8\)   (5\3/8\)   (7\5/8\)
    ----------------------------------------------------------------------------------------------------------------
                                                      Size 9 Girls                                                  
    ----------------------------------------------------------------------------------------------------------------
    Maximum Dimension:                                                                                              
        Centimeters....................       68.6       61.0       73.7         20       42.6       13.7       19.4
        (inches).......................       (27)       (24)       (29)   (7\7/8\)  (16\3/4\)   (5\3/8\)   (7\5/8\)
    ----------------------------------------------------------------------------------------------------------------
                                                     Size 10 Boys 1                                                 
    ----------------------------------------------------------------------------------------------------------------
    Maximum Dimension:                                                                                              
        Centimeters....................       71.1       62.2       71.1       20.6       41.0         14       19.7
        (inches).......................       (28)  (24\1/2\)       (28)   (8\1/8\)  (16\1/8\)   (5\1/2\)   (7\3/4\)
    ----------------------------------------------------------------------------------------------------------------
                                                     Size 10 Girls                                                  
    ----------------------------------------------------------------------------------------------------------------
    Maximum Dimension:                                                                                              
        Centimeters....................       71.1       62.2       76.2       20.6       43.8         14       19.7
        (inches).......................       (28)  (24\1/2\)       (30)   (8\1/8\)  (17\1/4\)   (5\1/2\)   (7\3/4\)
    ----------------------------------------------------------------------------------------------------------------
                                                     Size 11 Boys 1                                                 
    ----------------------------------------------------------------------------------------------------------------
    Maximum Dimension:                                                                                              
        Centimeters....................       73.7       63.5       73.7         21       42.2       14.3         20
        (inches).......................       (29)       (25)       (29)   (8\1/4\)  (16\5/8\)   (5\5/8\)   (7\7/8\)
    ----------------------------------------------------------------------------------------------------------------
                                                      Size 11 Girls                                                 
    ----------------------------------------------------------------------------------------------------------------
    Maximum Dimension:                                                                                              
        Centimeters....................                                                                             
        Centimeters....................       73.7       63.5       78.7         21       45.1       14.3         20
        (inches).......................       (29)       (25)       (31)   (8\1/4\)  (17\3/4\)   (5\5/8\)   (7\7/8\)
    ----------------------------------------------------------------------------------------------------------------
                                                     Size 12 Boys 1                                                 
    ----------------------------------------------------------------------------------------------------------------
    Maximum Dimension:                                                                                              
        Centimeters....................       76.2       64.8       76.2       21.6       43.5       14.6       20.3
        (inches).......................       (30)  (25\1/2\)       (30)   (8\1/2\)  (17\1/8\)   (5\3/4\)        (8)
    ----------------------------------------------------------------------------------------------------------------
                                                     Size 12 Girls                                                  
    ----------------------------------------------------------------------------------------------------------------
    Maximum Dimension:                                                                                              
        Centimeters....................       76.2       64.8       81.3       21.6       46.7       14.6       20.3
        (inches).......................       (30)  (25\1/2\)       (32)   (8\1/2\)  (18\1/2\)   (5\3/4\)        (8)
    ----------------------------------------------------------------------------------------------------------------
                                                    Size 13 Boys \1\                                                
    ----------------------------------------------------------------------------------------------------------------
    Maximum Dimension:                                                                                              
        Centimeters....................       78.7         66       78.7       22.2       44.8       14.9       20.6
        (inches).......................       (31)       (26)       (31)   (8\3/4\)  (17\5/8\)   (5\7/8\)   (8\1/8\)
    ----------------------------------------------------------------------------------------------------------------
                                                     Size 13 Girls                                                  
    ----------------------------------------------------------------------------------------------------------------
    Maximum Dimension:                                                                                              
        Centimeters....................       78.7         66       83.8       22.2       47.6       14.9       20.6
        (inches).......................       (31)       (26)       (33)   (8\3/4\)  (18\3/4\)   (5\7/8\)   (8\1/8\)
    ----------------------------------------------------------------------------------------------------------------
                                                     Size 14 Boys 1                                                 
    ----------------------------------------------------------------------------------------------------------------
    Maximum Dimension:                                                                                              
        Centimeters....................       81.3       67.3       81.3       22.9         46       15.2         21
        (inches).......................       (32)  (26\1/2\)       (32)        (9)  (18\1/8\)        (6)   (8\1/4\)
    ----------------------------------------------------------------------------------------------------------------
    
    [[Page 27884]]
    
                                                                                                                    
                                                     Size 14 Girls                                                  
    ----------------------------------------------------------------------------------------------------------------
    Maximum Dimension:                                                                                              
        Centimeters....................       81.3       67.3       86.4       22.9       49.5       15.2         21
        (inches).......................       (32)  (26\1/2\)       (34)        (9)  (19\1/2\)        (6)   (8\1/4\)
    ----------------------------------------------------------------------------------------------------------------
    \1\ Garments not explicitly labeled and promoted for wear by girls must not exceed these maximum dimensions.    
    
        (ii) Note: Measure the dimensions on the front of the garment. 
    Lay garment, right side out, on a flat, horizontal surface. Smooth 
    out wrinkles. Measure distances as specified below and multiply them 
    by two. Measurements should be equal to or less than the maximum 
    dimensions given in the standards.
    
        (A) Chest--measure distance from arm pit to arm pit (A to B) as in 
    Diagram 1.
        (B) Waist--See Diagram 1. One-piece garment, measure at the 
    narrowest location between arm pits and crotch (C to D). Two-piece 
    garment, measure width at both the bottom/sweep of the upper piece (C 
    to D) and, as in Diagram 3, the top of the lower piece (C to D).
        (C) Wrist--measure the width of the end of the sleeve (E to F), if 
    intended to extend to the wrist, as in Diagram 1.
        (D) Upper arm--draw a straight line from waist/sweep D through arm 
    pit B to G. Measure down the sleeve fold from G to H. Refer to table 
    below for G to H distances for each size. Measure the upper arm of the 
    garment (perpendicular to the fold) from H to I as shown in Diagram 1.
    
    [GRAPHIC] [TIFF OMITTED] TP21MY98.062
    
    Diagram 1
    
                   Distance From Shoulder (G) to (H) for Upper Arm Measurement for Sizes 7 through 14               
    ----------------------------------------------------------------------------------------------------------------
          7              8              9            10            11            12            13            14     
    ----------------------------------------------------------------------------------------------------------------
    11.4 cm......      11.7 cm        11.9 cm       12.5 cm       12.8 cm       13.1 cm       13.7 cm       14.2 cm 
    4\1/2\''.....          4''       4\3/4\''           4''           5''           5''           5''           5'' 
    ----------------------------------------------------------------------------------------------------------------
    
        (E) Seat--Fold the front of the pants in half to find the bottom of 
    the crotch at J as in the left side of Diagram 2. The crotch seam and 
    inseam intersect at J. Mark point K on the crotch seam at 4 inches 
    above and perpendicular to the bottom of the crotch. Unfold the garment 
    as in the right side of Diagram 2. Measure the seat from L to M through 
    K as shown.
        (F) Thigh--measure from the bottom of the crotch (J) 1 inch down 
    the inseam to N as in the left side of Diagram 2. Unfold the garment 
    and measure the thigh from the inseam at N to O as shown in the right 
    side of Diagram 2.
        (G) Ankle--measure the width of the end of the leg (P to Q), if 
    intended to extend to the ankle, as in the right side of Diagram 2.
    
    
    [[Page 27885]]
    
    
    [GRAPHIC] [TIFF OMITTED] TP21MY98.063
    
    Diagram 2
    
    * * * * *
        Dated: May 12, 1998.
    Sadye E. Dunn,
    Secretary, Consumer Product Safety Commission.
    
    References
    
        The following documents contain information relevant to this 
    rulemaking proceeding and are available for inspection at the Office 
    of the Secretary, Consumer Product Safety Commission, Room 502, 4330 
    East-West Highway, Bethesda, Maryland:
        1. Memorandum from Margaret Neily, Project Manager, Directorate 
    for Engineering, to the Commission, ``Children's Sleepwear 
    Flammability Standards--Technical Amendments,'' April 27, 1998.
        2. Report from C. Craig Morris, Ph.D., Directorate for 
    Epidemiology and Health Sciences, ``Clothing-Related Thermal Burns 
    in Children Under 15 Years Old.'' March 1998.
        3. Memorandum from Margaret Neily, Project Manager, Directorate 
    for Engineering, to File, ``Technical Amendments of the Children's 
    Sleepwear Flammability Standards--Snug-fitting'' Requirements, March 
    31, 1998.
        4. Memorandum from Terrance R. Karels, Directorate for Economic 
    Analysis, to Margaret Neily, Project Manager, ``Children's Sleepwear 
    Update,'' April 9, 1998.
        5. Memorandum from Terrance R. Karels, Directorate for Economic 
    Analysis, to Margaret Neily, Project Manager, ``Economic 
    Considerations of Revisions to the Children's Sleepwear Standard,'' 
    April 9, 1998.
        6. Memorandum from Patricia Fairall, Program Manager to Margaret 
    Neilly, Project Manager, ``Industry Request for clarification of 
    sleepwear segregation of tight-fitting garments,'' March 3, 1998.
        7. Carolyn Meiers, Directorate for Engineering, to Margaret 
    Neily, Project Manager, ``Methodology for Structured Sleepwear 
    Observations,'' March 31, 1998.
        8. ASTM Standards D4910-95a and D5826-95.
        9. Anthropometry of Infants, Children, and Youths to Age 18 for 
    Product Safety Design. Highway Safety Research Institute. Ann Arbor, 
    Michigan: University of Michigan (1977).
        10. Log of February 18, 1998 meeting, prepared by Margaret 
    Neily, ``Children's Sleepwear--snug-fitting requirements,'' March 4, 
    1998.
        11. Memorandum from Linda Fansler, Division of Engineering, Lab 
    Sciences, to Margaret Neily, Project Manager, ``Tolerance,'' April 
    8, 1998.
    
    [FR Doc. 98-13026 Filed 5-20-98; 8:45 am]
    BILLING CODE 6355-01-P
    
    
    

Document Information

Published:
05/21/1998
Department:
Consumer Product Safety Commission
Entry Type:
Proposed Rule
Action:
Proposed technical changes.
Document Number:
98-13026
Dates:
Written comments concerning this proposed amendment are due no
Pages:
27877-27885 (9 pages)
PDF File:
98-13026.pdf
CFR: (2)
16 CFR 1615.1
16 CFR 1616.2