99-16320. Final Rule; 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 64, Number 123 (Monday, June 28, 1999)]
    [Unknown Section]
    [Pages 34533-34539]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-16320]
    
    
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    CONSUMER PRODUCT SAFETY COMMISSION
    
    16 CFR Parts 1615 and 1616
    
    
    Final Rule; 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 rule.
    
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    [[Page 34534]]
    
    SUMMARY: In accordance with the fiscal year 1999 appropriations 
    legislation for the Consumer Product Safety Commission, the Commission 
    is modifying certain amendments to the standards for the flammability 
    of children's sleepwear, sizes 0 through 6X and sizes 7 through 14. As 
    the appropriations legislation directed, the Commission previously 
    proposed to revoke these amendments. Elsewhere in this issue of the 
    Federal Register, the Commission is withdrawing that proposed 
    revocation. The Commission is modifying the amendments to require that 
    tight-fitting sleepwear bear a label and hangtag informing consumers 
    why the garments should fit snugly. Also, elsewhere in this issue of 
    the Federal Register, the Commission is correcting several references 
    to a paragraph that was redesignated when the standards were amended in 
    1996. In that notice, the Commission is also clarifying the definition 
    of infant garments.
    
    DATES: The rule will become effective on June 28, 2000 and will apply 
    to garments manufactured or imported after that date. The incorporation 
    by reference of certain publications in the regulations is approved by 
    the Director of the Federal Register as of June 28, 2000.
    
    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 Commission is modifying exemptions from its standards for the 
    flammability of children's sleepwear to require certain labels and 
    hangtags. The Commission administers two flammability standards for 
    children's sleepwear. 16 CFR part 1615 and part 1616. In 1996, the 
    Commission amended these standards to exempt infant garments sized nine 
    months or smaller and tight-fitting garments larger than size nine 
    months. To qualify as tight-fitting, garments must not exceed the 
    maximum dimensions specified for each size. 61 FR 47634, September 9, 
    1996. Technical amendments issued on January 19, 1999 made slight 
    adjustments to certain measurement locations. 64 FR 2833, January 19, 
    1999.
        On October 21, 1998, Congress enacted fiscal year 1999 
    appropriations for the Commission. Public Law 105-276. Section 429 of 
    that law required the Commission to propose to revoke the 1996 
    amendments to the sleepwear standards. The Commission issued the 
    proposed revocation on January 19, 1999. 64 FR 2867, January 19, 1999. 
    The appropriations legislation directed the Commission to issue a final 
    rule revoking, maintaining or modifying the 1996 amendments and any 
    later amendments by July 1, 1999. The legislation further directed the 
    Commission to consider reports by the General Accounting Office 
    (``GAO'') and other available information in making its decision on the 
    amendments. Congress stated that 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, 
    Public Law 104-121, or (6) any other statute or Executive order.
        After reviewing the GAO reports, comments submitted in response to 
    the proposed revocation and other available information, the Commission 
    has decided to modify the 1996 amendments to require certain labels and 
    hangtags.1 Elsewhere in this issue of the Federal Register, 
    the Commission withdraws the proposed revocation and explains why the 
    exemptions should be retained.2 Also, elsewhere in this 
    issue of the Federal Register, the Commission is correcting several 
    references to a paragraph that was redesignated when the standards were 
    amended in 1996.3
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        \1\ Commissioners Mary Gall and Thomas Moore voted to require 
    labeling. Chairman Ann Brown abstained.
        \2\ Commissioners Mary Gall and Thomas Moore voted to withdraw 
    the proposed revocation. Chairman Ann Brown voted against 
    withdrawal.
        \3\ Commissioners Mary Gall and Thomas Moore voted to issue the 
    corrections. Chairman Ann Brown abstained.
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    B. Existing Information and Education
    
        When the Commission proposed amendments in 1994 to exempt tight-
    fitting garments from the children's sleepwear flammability standards 
    it proposed that these garments bear a label stating: ``Garment is not 
    flame resistant. For child's safety, garment should be tight-fitting. 
    Loose-fitting clothing is more likely to contact an ignition source and 
    burn.'' 59 FR 53624, October 25, 1994. Some comments to the proposed 
    rule criticized the proposed labeling as too lengthy and too negative. 
    Some comments suggested that an educational effort informing consumers 
    about tight-fitting sleepwear would be more appropriate. 61 FR 47639-
    40, September 9, 1996. The Commission considered these comments and 
    decided not to require labeling in the final amendments. The preamble 
    to the final rule stated:
    
        The Commission concludes that a well-designed and broadly 
    disseminated information and education campaign, developed with 
    guidance from the Commission, will be a better means to inform 
    consumers about appropriate selection and use of the tight-fitting 
    garments exempted from the sleepwear standards * * *
    
        Id. 47640. The Commission envisioned a broad information and 
    education (``I&E'') campaign that would include point of sale materials 
    such as hangtags, labeling statements on packages, consumer brochures, 
    and store signs as well as a national media campaign. Id. Commission 
    staff worked with industry through the American Apparel Manufacturers 
    Association (``AAMA'') to develop such materials. There were some 
    initial delays in implementing the I&E campaign due to technical 
    changes needed in the amendments. In part as a result of this, the 
    industry never fully implemented the coordinated, consistent safety 
    message campaign the Commission envisioned. Thus, the type of full-
    scale voluntary campaign that would reliably inform consumers of the 
    importance of snug fit for these garments has not materialized.
        The Commission held a public hearing on April 22, 1999 to obtain 
    additional information about the proposed revocation. Through both the 
    written comments on the proposed revocation and oral testimony the 
    Commission heard criticisms of the existing I&E effort. These 
    commenters stated that when consumers purchase sleepwear they often 
    have little or no information to guide them. According to commenters, 
    informal surveys conducted at various retailers in different parts of 
    the country revealed that some tight-fitting sleepwear did not have 
    hangtags or labels. When tags and labels were present they were 
    sometimes obscured by other tags, stickers or promotional information. 
    Labels might identify a sleepwear garment as 100% cotton, but would not 
    say anything about how the garment should fit or its flammability. Some 
    stores had confusing signs and intermingled sleepwear with non-
    sleepwear items. (Testimony of Mary Weitzel, Marcia Mabee.)
    
    C. The GAO Report on I&E
    
        The Conference Committee Report on the appropriations bill that 
    required the Commission to propose to revoke the sleepwear amendments 
    directed GAO to assess the information and education (``I&E'') campaign 
    that industry and the
    
    [[Page 34535]]
    
    Commission conducted (H.R. Rep. No. 769, 105th Cong., 2d Sess. 267 
    (1998)).
        GAO visited more than 70 retail stores in 14 metropolitan areas 
    across the country. It found hangtags on 73 percent of tight-fitting 
    sleepwear garments. The most common hangtags were the ones that AAMA 
    designed in conjunction with CPSC. The other types of hangtags varied 
    greatly in design but had similar language. Fewer than 16 percent of 
    stores displayed consumer education brochures or signs about sleepwear 
    safety. About 63 percent of stores mixed other clothing (such as long 
    underwear and loose-fitting shirts) along with sleepwear in retail 
    displays. GAO concluded that consumers generally get some information 
    from point of sale materials, but not to the extent the Commission had 
    envisioned. GAO found that concerns about the initial acceptance of 
    tight-fitting sleepwear and fears that the standards might change made 
    industry reluctant to provide more I&E. (70)
        The Commission believes that consumers need information to choose 
    appropriate sleepwear. The GAO report confirms that some information, 
    particularly on hangtags, is available, but more needs to be done. The 
    labeling rule the Commission is adding to the standards should ensure 
    that consumers have the information they need about the importance of 
    fit for tight-fitting sleepwear.
    
    D. The Labeling Rule
    
        Without the comprehensive I&E campaign the Commission envisioned, 
    consumers do not have the information necessary to choose appropriate 
    sleepwear. Because not all members of the industry have presented a 
    consistent, clear message to consumers, the Commission believes that it 
    is necessary to modify the amendments to require standardized 
    information in clearly visible labels and hangtags.
        Testimony at the public hearing and comments to the proposed 
    revocation indicate that some sleepwear manufacturers do provide 
    hangtags and/or labels indicating that garments are tight-fitting. Many 
    others do not. If a label is present, text, format, and size of the 
    labels or hangtags vary. Because of these variations, consumers may not 
    recognize that these garments should be worn to fit snugly. Consumers 
    may mistake some of these labels and hangtags as promotional 
    literature, and therefore may not read the safety message. In contrast, 
    mandatory labels and hangtags will present information in a consistent 
    and conspicuous style. (65)
        Hangtags on each garment will inform consumers at the point-of-
    purchase that the garment should be worn snug-fitting because it is not 
    flame-resistant. The hangtag states: ``For child's safety, garment 
    should fit snugly. This garment is not flame resistant. Loose-fitting 
    garment is more likely to catch fire.'' The rule specifies the size, 
    font and text of the hangtag. The tags must have black lettering 
    against a yellow background. Specifying these requirements will ensure 
    that the hangtags are distinctive and will not be confused with other 
    tags on the garment. If garments are sold in packages, the packages 
    must display the information that would otherwise be on the hangtag. 
    (65)
        The permanent label will provide a shorter message. Because it will 
    remain with the garment, consumers will be able to distinguish between 
    tight-fitting and flame-resistant sleepwear over the garment's life. 
    The label states: ``Wear Snug-fitting, Not Flame Resistant.'' It must 
    appear on the front of the sizing label immediately below the size 
    designation. The text must contrast with the background color of the 
    label. (65)
    
    E. Effective Date
    
        Although Congress stated that the Flammable Fabrics Act (``FFA'') 
    does not apply to this proceeding, the FFA provides some guidance for 
    an appropriate effective date. The FFA requires a twelve-month 
    effective date unless there is good cause for a different date. 15 
    U.S.C. 1193(b). The Commission concludes that twelve months is 
    appropriate for the labeling rule. This should allow manufacturers time 
    to print and apply new labels. One year will allow them to make these 
    changes in the course of their usual production schedules. (61) To 
    minimize disruption the rule will apply only to garments manufactured 
    or imported after the effective date.
    
    List of Subjects in 16 CFR Parts 1615 and 1616
    
        Clothing, Consumer protection, Flammable materials, Incorporation 
    by reference, Infants and children, Labeling, Reporting and 
    recordkeeping requirements, Textiles, Warranties.
    
        Pursuant to Public Law 105-276, and for the reasons given above, 
    the Commission hereby amends title 16 of the Code of Federal 
    Regulations, Chapter II, Subchapter D, 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 is revised to read as 
    follows:
    
        Authority: Sec. 429, Pub. L. 105-276; Sec. 4, 67 Stat. 112, as 
    amended, 81 Stat. 569-570; 15 U.S.C. 1193.
    
        2. Section 1615.1 is amended to add new paragraphs (o)(10) and 
    (o)(11) to read as follows:
    
    
    Sec. 1615.1  Definitions.
    
    * * * * *
        (o) * * *
        (10)(i) Hangtags. Bears a hangtag as shown following this paragraph 
    stating ``For child's safety, garment should fit snugly. This garment 
    is not flame resistant. Loose-fitting garment is more likely to catch 
    fire.'' The hangtag must measure 1\1/2\''  x  6\1/4\''. The text must 
    be enclosed in a text box that measures 1''  x  5\3/4\'' and must be in 
    18 point Arial font. The hangtag must have a yellow background and 
    black lettering. The color yellow must meet the specifications for 
    Standard Safety Yellow (Hue 5.OY; Value/Chroma 8.0/12) as described in 
    American National Standard ANSI Z535.1-1998, Safety Color Code, p.6, 
    under Munsell Notation.2 One side of the hangtag must 
    display only this message. The reverse side of the hangtag may display 
    sizing information, but otherwise must be blank. The text must not be 
    obscured by the hole provided for attaching the hangtag to the garment. 
    The hangtag must be prominently displayed on the garment.
    
        \2\ ANSI Z535.1-1998, Standard for Safety Color Code, p.6, 
    published by National Electrical Manufacturers Association is 
    incorporated by reference. Copies of this document are available 
    from the National Electrical Manufacturers Association, 1300 N. 17th 
    Street, Suite 1847, Rossylyn, Virginia 22209. This document is also 
    available for inspection at the Office of the Federal Register, 800 
    North Capitol Street, NW, Suite 700, Washington, DC. The 
    incorporation by reference was approved by the Director of the 
    Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
    51.
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    BILLING CODE 6355-01-P
    
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    BILLING CODE 6355-C
        (ii) Packages. If the garments are sold in packages, the package 
    must have a label as shown following this paragraph with the same 
    language that would appear on the hangtag. The label must have a text 
    box that measures \3/4\'' x 3\3/4\''. The text must be 11 point Arial 
    in black lettering against a yellow background. The packages must be 
    prominently, conspicuously, and legibly labeled with the required 
    message. The package label may be adhesive.
    
    BILLING CODE 6355-01-P
    [GRAPHIC] [TIFF OMITTED] TR28JN99.001
    
    
    BILLING CODE 6355-C
        (11) Bears a label as shown following this paragraph stating ``Wear 
    Snug-fitting, Not Flame Resistant.'' The text must be printed on the 
    front of the sizing label located on the center back of the garment and 
    must be immediately below the size designation. The text must be a 
    minimum of 5 point sans serif font in all capital letters and must be 
    set apart from other label text by a line border. The text must 
    contrast with the background color of the label. The label must not be 
    covered by any other label or tag.
    
    BILLING CODE 6355-01-P
    [GRAPHIC] [TIFF OMITTED] TR28JN99.002
    
    
    BILLING CODE 6355-01-C
        3. In Sec. 1615.4, footnotes 2 through 4 are redesignated as 
    footnotes 3 through 5 respectively.
    
    PART 1616--STANDARD FOR THE FLAMMABILITY OF CHILDREN'S SLEEPWEAR: 
    SIZES 7 THROUGH 14
    
        1. The authority citation for part 1616 is revised to read as 
    follows:
    
        Authority: Sec. 429, Pub. L. 105-276; Sec. 4, 67 Stat. 112, as 
    amended, 81 Stat. 569-570; 15 U.S.C. 1193.
    
        2. Section 1616.2 is amended to add new paragraphs (m)(10) and 
    (m)(11) to read as follows:
    
    
    Sec. 1616.2  Definitions.
    
    * * * * *
        (m) * * *
        (10)(i) Hangtags. Bears a hangtag as shown following this paragraph 
    stating ``For child's safety, garment should fit snugly. This garment 
    is not flame resistant. Loose-fitting garment is more likely to catch 
    fire.'' The hangtag must measure 1\1/2\''  x  6\1/4\''. The text must 
    be enclosed in a text box that measures 1''  x  5\3/4\'' and must be in 
    18 point Arial font. The hangtag must have a yellow background and 
    black lettering. The color yellow must meet the specifications for 
    Standard Safety Yellow (Hue 5.OY; Value/Chroma 8.0/12) as described in 
    American National Standard ANSI Z535.1-1998, Safety Color Code, p.6, 
    under Munsell Notation.2 One side of the hangtag must
    
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    display only this message. The reverse side of the hangtag may display 
    sizing information, but otherwise must be blank. The text must not be 
    obscured by the hole provided for attaching the hangtag to the garment. 
    The hangtag must be prominently displayed on the garment.
    
        \2\ ANSI Z535.1-1998, Standard for Safety Color Code, p.6, 
    published by National Electrical Manufacturers Association is 
    incorporated by reference. Copies of this document are available 
    from the National Electrical Manufacturers Association, 1300 N. 17th 
    Street, Suite 1847, Rossylyn, Virginia 22209. This document is also 
    available for inspection at the Office of the Federal Register, 800 
    North Capitol Street, NW, Suite 700, Washington, DC. The 
    incorporation by reference was approved by the Director of the 
    Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
    51.
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    BILLING CODE 6355-01-P
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    BILLING CODE 6355-01-C
        (ii) Packages. If the garments are sold in packages, the package 
    must have a label as shown following this paragraph with the same 
    language that would appear on the hangtag. The label must have a text 
    box that measures \3/4\''  x  3\3/4\''. The text must be 11 point Arial 
    in black lettering against a yellow background. The packages must be 
    prominently, conspicuously, and legibly labeled with the required 
    message. The package label may be adhesive.
    
    BILLING CODE 6355-01-P
    [GRAPHIC] [TIFF OMITTED] TR28JN99.004
    
    
    BILLING CODE 6355-01-C
        (11) Bears a label as shown following this paragraph stating ``Wear 
    Snug-fitting, Not Flame Resistant.'' The text must be printed on the 
    front of the sizing label located on the center back of the garment and 
    must be immediately below the size designation. The text must be a 
    minimum of 5 point sans serif font in all capital letters and must be 
    set apart from other label text by a line border. The text must 
    contrast with the background color of the label. The label must not be 
    covered by any other label or tag.
    
    BILLING CODE 6355-01-P
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    BILLING CODE 6355-01-C
        3. In Sec. 1616.5, redesignate footnotes 2 through 6 as footnotes 3 
    through 7 respectively.
    
        Dated: June 22, 1999.
    Sadye E. Dunn,
    Secretary Consumer Product Safety Commission.
    
    (Note: Not to be printed in Code of Federal Regulations)
    
    List of Relevant Documents
    
    (Note: Not to be printed in Code of Federal Regulations)
        1. Memorandum from Liz Gomilla, Division of Regulatory 
    Management and Eric Stone, Division of Administrative Litigation, to 
    Terance R. Karels, Project Manager, dated March 13, 1992, entitled 
    ``Problems Associated with Enforcement of the Children's Sleepwear 
    Standards.''
        2. Memorandum from Bea Harwood and Terry L Kissinger, EPHA, to 
    Terrance R. Karels, Project Manager, dated April 20, 1992, entitled 
    ``Injury Data Related to the Sleepwear Flammability Standards and 
    Information on Surveys of Burn Treatment Centers.''
        3. Memorandum from Linda Fansler, ESME, to Terrance R. Karels, 
    ECPA, dated May 6, 1992, entitled ``Final Report, Children's 
    Sleepwear Project.''
        4. Memorandum from Anthony C. Homan, ECPA, to Terrance R. 
    Karels, Project Manager, dated March 25, 1992, entitled ``Market 
    Sketch--Children's Sleepwear.''
        5. Briefing Memorandum from Terrance R. Karels to the 
    Commission, dated November 3, 1992.
        6. Federal Register notice ``Standards for the Flammability of 
    Children's Sleepwear: Sizes 0 Through 6X and 7 Through 14; Advance 
    Notice of Proposed Rulemaking,'' published by the Consumer Product 
    Safety Commission; January 13, 1993 (58 FR 4111).
        7. Federal Register notice ``Standards for the Flammability of 
    Children's Sleepwear: Sizes 0 Through 6X and 7 Through 14; Stay of 
    Enforcement,'' published by the Consumer Product Safety Commission; 
    January 13, 1993 (58 FR 4078).
        8. Tabular summaries of comments and staff responses to comments 
    to the Advance Notice of Proposed Rulemaking; 50 pages; July 19, 
    1994.
        9. ``Statement by The Children's Sleepwear Coalition In Response 
    to the Consumer Product Safety Commission's Advance Notice of 
    Proposed Rulemaking''; March 25, 1993.
        10. Memorandum from Linda Fansler, ESME, to Terrance R. Karels, 
    ECPA, entitled ``Technical Rationale Supporting Tight-Fitting 
    Children's Sleepwear Garments''; March 14, 1994.
        11. Memorandum from Linda Fansler, ESME, to Terrance R. Karels, 
    ECPA, entitled ``Recent Conversation Between Staff of Consumer and 
    Corporate Affairs Canada and Commission Staff''; July 17, 1992.
        12. Memorandum from Dr. Terry L. Kissinger, EPHA, to Terrance R. 
    Karels, ECPA, entitled ``Injury Data Related to the Children's 
    Sleepwear Standards''; February 8, 1994.
        13. Memorandum from Dr. Terry L. Kissinger, EPHA, to Terrance R. 
    Karels, ECPA, entitled ``Results of Review of Available 
    Literature,'' and attachments; April 1, 1994.
        14. Memorandum from George Sweet, EPHF, to Terrance R. Karels, 
    ECPA, entitled ``Human Factors Issues Regarding Sleepwear,'' and 
    attachment; March 8, 1994.
        15. Memorandum from George Sweet, EPHF, to Terrance R. Karels, 
    ECPA, entitled ``Garments Intended for Infants''; July 8, 1994.
        16. ``Preliminary Regulatory and Regulatory Flexibility Analyses 
    for the Proposed Amendments to the Children's Flammability 
    Standards,'' by Anthony C. Homan, Directorate for Economic Analysis; 
    June, 1994.
        17. ``Market Sketch--Children's Sleepwear,'' by Anthony C. 
    Homan, Directorate for Economic Analysis; March, 1992.
        18. Memorandum from Eva S. Lehman, HSPS, to Terrance R. Karels, 
    ECPA, entitled ``Toxicological Evaluation of Fabrics Used in 
    Children's Sleepwear''; June 7, 1994.
        19. Memorandum from Patricia Fairall, CERM, to Terrance Karels, 
    ECPA, entitled ``Compliance History--Enforcement of Children's 
    Sleepwear''; 6 pages; April 20, 1994.
        20. Memorandum from James F. Hoebel, Acting Director, ESME, to 
    Terrance R. Karels, ECPA, entitled ``Amendments to Children's 
    Sleepwear Standards''; July 7, 1994.
        21. Memorandum from Dr. Terry L. Kissinger, EPHA, to Terrance R. 
    Karels, ECPA, entitled ``Proposed Amendment to Children's Sleepwear 
    Standards''; July 15, 1994.
        22. Federal Register notice ``Standard for the Flammability of 
    Children's Sleepwear: Sizes 0 Through 6X; Standard for the 
    Flammability of Children's Sleepwear: Sizes 7 Through 14; Proposed 
    amendments'' published by the Consumer Product Safety Commission; 
    October 25, 1994 (59 FR 53616).
        23. Federal Register notice ``Continuation of Stay of 
    Enforcement of Standards for the Flammability of Children's 
    Sleepwear, Sizes 0 Through 6X and 7 Through 14'' published by the 
    Consumer Product Safety Commission; October 25, 1994 (59 FR 53584).
        24. Comments on proposed amendments.
        25. Memorandum from Terry L. Kissinger, Ph.D., EHHA, to Terrance 
    R. Karels, ECPA, entitled ``Injury Data Related to the Children's 
    Sleepwear Standards''; July 12, 1995.
        26. Letter from Carole LaCombe, Director, Product Safety Canada, 
    to Eric C. Peterson, Executive Director, Consumer Product Safety 
    Commission, concerning Canadian standards for the flammability of 
    children's sleepwear; September 13, 1993.
        27. Memorandum from Linda Fansler, ES, concerning telephone 
    conversation between staff of the Consumer Product Safety Commission 
    and staff of Consumer and Corporate Affairs Canada on June 18, 1992, 
    concerning the Canadian standards for the flammability of children's 
    sleepwear.
        28. Memorandum from Linda Fansler, ESME, to Terrance R. Karels, 
    ECPA, entitled ``Tight Fitting Children's Sleepwear''; July 14, 
    1995.
        29. Memorandum from Terrance R. Karels, Project Manager, to 
    Warren J. Prunella, Associate Executive Director for Economic 
    Analysis, entitled ``Sleepwear Market Update''; October 6, 1995.
        30. Final Regulatory Analysis for amendments of the children's 
    sleepwear standards by Terrance R. Karels; July 1995.
        31. Memorandum from David Schmeltzer, Assistant Executive 
    Director for Compliance, to Terrance Karels, Project Manager, 
    entitled ``Sleepwear Briefing Package''; August 24, 1995.
        32. Memorandum from Patricia Fairall, Compliance Officer, to 
    Terrance Karels, Project Manager, entitled ``Compliance Discussion 
    of the Proposed Amendments to the Children's Sleepwear Standards''; 
    June 26, 1995.
        33. Memorandum from Terry L. Kissinger, Ph.D., EHHA, to Terrance 
    R. Karels, ECPA, entitled ``Response to Public Comments Received 
    after Publication of the Notice of Proposed Rulemaking''; July 12, 
    1995.
        34. Memorandum from George Sweet, EPHF, to Terrance R. Karels, 
    ECPA, entitled ``Human Factors Responses to Sleepwear NPR 
    Comments''; May 5, 1995.
        35. Memorandum from Linda Fansler, ESME, to Terrance R. Karels, 
    ECPA, entitled ``Response to Comments''; July 14, 1995.
        36. Memorandum from Suad Nakamura, Ph.D., EHPS, to Terrance R. 
    Karels, Project Manager, entitled ``Children's Sleepwear--Response 
    to Comments on the Notice of Proposed Rulemaking''; July 19, 1995.
        37. Memorandum from Patricia Fairall, Compliance Officer, to 
    Terrance R. Karels, Program Manager, entitled ``Response to Comments 
    from Proposed Amendments to the Children's Sleepwear Standards 
    published in the Federal Register on October 25, 1994''; June 26, 
    1995.
        38. Memorandum from Terry L. Kissinger, Ph.D., EHHA, to Terrance 
    R. Karels, ECPA, entitled ``Response to Letter from John Krasny to 
    James Hoebel''; August 3, 1995.
        39. Memorandum from George Sweet, ESHA, to Terrance R. Karels, 
    ECPA, entitled ``Issues involved in amendment the sleepwear 
    flammability regulation: Sizing and Labeling''; September 20, 1995.
        40. Memorandum from Karen G. Krushaar, OIPA, to Terrance R. 
    Karels, ECPA, entitled ``Children's Sleepwear Informational 
    Campaign''; July 11, 1995.
        41. Position statement of the National Fire Protection 
    Association and the Learn Not to Burn Foundation in Opposition to 
    the Proposed Amendment of the Children's Sleepwear Standards; July 
    1995.
        42. Letter from John F. Krasny to J. F. Hoebel concerning paper 
    by Vickers, Krasny, and Tovey entitled ``Some Apparel Fire Hazard 
    Parameters''; July 17, 1995.
        43. Memorandum from Linda Fansler, ESME, concerning telephone 
    conversation with John Krasny on September 20, 1995.
        44. Log of public meeting conducted on April 25, 1995, 
    concerning proposed amendments of the children's sleepwear 
    flammability standards.
        45. Memorandum from James F. Hoebel, Chief Engineer for Fire 
    Hazards, to Terrance R. Karels, Project Manager, entitled 
    ``Children's Sleepwear''; October 10, 1995.
    
    [[Page 34539]]
    
        46. Memorandum from Warren J. Prunella, Associate Executive 
    Director for Economic Analysis, to file concerning small business 
    effects of proposed amendments to the children's sleepwear 
    flammability standards; February 17, 1995.
        47. Memorandum from Warren J. Prunella, Associate Executive 
    Director for Economic Analysis, to Eric A. Rubel, General Counsel, 
    concerning requirements for Congressional review of final amendments 
    to the children's sleepwear standards; undated.
        48. Vote sheet to accompany briefing package on children's 
    sleepwear flammability standards; October 11, 1995.
        49. Memorandum from Terrance R. Karels, Project Manager, and 
    Ronald L. Medford, Assistant Executive Director for Hazard 
    Identification and Reduction entitled ``Questions Regarding 
    Children's Sleepwear Amendments,'' with attachments; January 30, 
    1996.
        50. Federal Register notice ``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'' published by the Consumer Product Safety 
    Commission, May 21, 1998 (63 FR 27877). Corrected on June 11, 1998 
    (63 FR 31950).
        51. Federal Register notice ``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'' published by the Consumer 
    Product Safety Commission, May 21, 1998 (63 FR 27885).
        52. Federal Register notice ``Final 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'' published by the Consumer Product Safety Commission, 
    January 19, 1999 (64 FR 2833).
        53. Federal Register notice ``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'' published by the Consumer Product 
    Safety Commission, January 19, 1999 (64 FR 2832).
        54. Federal Register notice ``Proposed Revocation of Amendments; 
    Standard for the Flammability of Children's Sleepwear: Sizes 0 
    Through 6X; Standard for the Flammability of Children's Sleepwear; 
    sizes 7 Through 14'' published by the Consumer Product Safety 
    Commission, January 19, 1999 (64 FR 2867).
        55. United States General Accounting Office Report to 
    Congressional Committees and the Consumer Product Safety commission, 
    ``Injury Data Insufficient to Assess the Effect of the Changes to 
    the Children's Sleepwear Safety Standard,'' GAO/HEHS-99-64, April 
    1999.
        56. Memorandum from Martha A. Kosh, OS, to Sadye E. Dunn, 
    Secretary, OS, ``Sleepwear Revocation,'' list of comments on CF99-1, 
    March 17, 1999.
        57. Memorandum from Martha A. Kosh, OS, to Sadye E. Dunn, 
    Secretary, OS, ``Sleepwear Revocation,'' list of additional comments 
    on CF99-1, March 29, 1999.
        58. U.S. Consumer Product Safety Commission Public Hearing on 
    Proposed Revocation of Amendments to Children's Sleepwear Standards, 
    agenda with presenters, April 22, 1999.
        59. Memorandum from Marilyn Borsari, Office of Compliance to 
    Margaret Neily, Directorate for Engineering Sciences, ``Enforcement 
    History of Children's Sleepwear Standards,'' May 12, 1999.
        60. Memorandum from Terence R. Karels, EC, to Margaret Neily, 
    ES, ``Children's Sleepwear Revocation Project,'' May 27, 1999.
        61. Memorandum from Terence R. Karels, EC, to Margaret Neily, 
    ES, ``Children's Sleepwear--Issues Related to Proposed Revocation,'' 
    May 27, 1999.
        62. Memorandum from C. Craig Morris, EHHA, to Margaret Neily, 
    ESME, ``Sleepwear-Related Thermal Burns in Children under 15 Years 
    Old,'' June 1, 1999.
        63. Memorandum from C. Craig Morris, EHHA, to Margaret Neily, 
    ESME, ``Response to Public Comments Related to the Children's 
    Sleepwear Flammability Requirements for sizes 0 to 9 Months,'' May 
    28, 1999.
        64. Memorandum from Carolyn Meiers, ES, to Margaret Neily, ES, 
    ``Human Factors Issues in Sleepwear,'' May 27, 1999.
        65. Memorandum from Carolyn Meters, ES, to Margaret Neily, ES, 
    ``Labeling of Tight-Fitting Sleepwear,'' May 27, 1999.
        66. Memorandum from Linda Fansler, ES, to Margaret Neily, ES, 
    ``Review of Foreign Flammability Standards for Children's 
    Sleepwear,'' May 25, 1999.
        67. Memorandum from Linda Fansler, ES, to Margaret Neily, ES, 
    ``Response to Comments Received as a Result of Publishing the 
    Children's Sleepwear Revocation Proposal,'' May 28, 1999.
        68. Log of Telephone Call, Linda Fansler, LSE, with Ms. 
    Christine Simpson, Health Canada, Product Safety Bureau, March 31, 
    1999.
        69. Memorandum from Margaret L. Neily, ES, to File, ``Analysis 
    of Public Comments on Proposed Revocation of the 1996 and Subsequent 
    Amendments to the Children's Sleepwear Flammability Standards,'' May 
    27, 1999.
        70. United States General Accounting Office Report to 
    Congressional Committees and the Consumer Product Safety Commission, 
    ``Consumer Education Efforts for Revised Children's Sleepwear Safety 
    Standard'' June 1999.
        71. Memorandum from Carolyn Meiers, ES, to Margaret Neily, ES, 
    ``Summary of GAO report, ``Consumer Education Efforts for Revised 
    Children's Sleepwear Safety Standard,'' May 27, 1999.
        72. Briefing Memorandum from Ronald L. Medford, Office of Hazard 
    Identification and Reduction and Margaret L. Neily, ES, to the 
    Commission, ``Children's Sleepwear Flammability Standards--Analysis 
    of Public Comments on the Proposed Revocation of the September 1996 
    and Subsequent Amendments,'' June 3, 1999.
    
    [FR Doc. 99-16320 Filed 6-25-99; 8:45 am]
    BILLING CODE 6355-01-P
    
    
    

Document Information

Effective Date:
6/28/2000
Published:
06/28/1999
Department:
Consumer Product Safety Commission
Entry Type:
Uncategorized Document
Action:
Final rule.
Document Number:
99-16320
Dates:
The rule will become effective on June 28, 2000 and will apply to garments manufactured or imported after that date. The incorporation by reference of certain publications in the regulations is approved by the Director of the Federal Register as of June 28, 2000.
Pages:
34533-34539 (7 pages)
PDF File:
99-16320.pdf
CFR: (2)
16 CFR 1615.1
16 CFR 1616.2