Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 / Proposed Rules 27877

1The 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.

not limited to considerations of aviation

noise.

The FAA is charged with the

responsibility to maintain a safe and

efficient national airspace system. The

FAA fosters compatible land use

planning both to facilitate access to

airports commensurate with the

demands of air commerce and to abate

the aviation noise effects in the airport

vicinity. Even though the Federal

government lacks the authority to zone

land, the FAA may use its influence to

encourage compatible land use in the

vicinity of an airport. The agency exerts

this influence through airport

development grant agreements,

environmental review requirements,

grants for airport noise compatibility

planning, and educational instruments

on compatible land use planning. The

FAA has issued guidelines for land use

compatibility around airports to assist

those responsible for determining land

use. These guidelines are primarily

contained in 14 CFR Part 150 and

related guidance.

In January 1995, an FAA-sponsored

Study Group on Compatible land Use,

which was composed of community,

airport, and aviation representatives,

produced a report with

recommendations for Federal initiatives

to promote compatible land use

planning and controls around airports.

The group’s recommendations included

the following concepts:

• Provide direct Federal funding

through the Airport Improvement

Program (AIP) to non-airport sponsors

who have land use planning

jurisdiction;

• Encourage cooperative agreements

between airport sponsors and

communities;

• Revise FAA regulations in Part 150

or supporting guidelines to recognize

and publicize successful land use

compatibility concepts, encourage more

effective public participation and

encourage innovative land-use control

techniques;

• Strengthen the linkage between Part

150 noise compatibility programs and

existing Federal programs that reinforce

land use planning, such as Federal

Housing Administration and

Department of Veterans Affairs policies

not to accept properties in high-noise

areas for mortgage insurance.

The FAA has implemented portions

of these recommendations. These ideas

are presented here only to stimulate

thought for addition ideas.

Request for Comments

The FAA is soliciting comments on

any concepts that might serve to

promote compatible land use planning

by state and local authorities and to

discourage development of

noncompatible land uses around

airports. The FAA is particularly

interested in bold, innovative, and

creative options that could be

implemented quickly to discourage

development of noncompatible land

uses, as well as long-term solutions.

Comments that provide a factual basis

for the suggestions are particularly

helpful. The more specific the

suggestions for FAA action, the better.

Ultimately, any process should achieve

long-term cost avoidance for all levels of

government.

The FAA will review information

from public comments and other

sources to identify methods that might

assist State and local governments in

achieving and maintaining land use

compatibility around airports.Further

action would depend on the nature and

scope of the methods identified.

Communications should identify the

notice docket number and be submitted

in triplicate using one of the media

specified in the ADDRESSES paragraph

above. All communications will be filed

in the docket. The docket is available for

public inspection both before and after

the closing date for receipt of comments.

The FAA will acknowledge receipt of

a comment if the commenter includes a

self-addressed, stamped postcard with

the comment. The postcard should be

marked ‘‘Comments to Docket No.

[29231].’’ When the comment is

received by the FAA, the postcard will

be dated, time stamped, and returned to

the commenter.

Issued in Washington, D.C. on May 15,

1998.

James D. Erickson,

Director of Environment and Energy.

[FR Doc. 98–13577 Filed 5–20–98; 8:45 am]

BILLING CODE 4910–13–M

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.

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 cpsc-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.
27878 Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 / Proposed Rules

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) tightfitting 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 tightfitting 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
Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 / Proposed Rules 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., 21⁄2 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.
27880 Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 / Proposed Rules

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:

§ 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:

Chest Waist Seat Upper

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) (55⁄8) (101⁄2) (41⁄8) (51⁄8)

Size 12–18 mos

Maximum Dimension:

Centimeters .................................................................... 49.5 49.5 50.8 14.9 28.3 10.5 13.1

(inches) .......................................................................... (191⁄2) (191⁄2) (20) (57⁄8) (111⁄8) (41⁄8) (51⁄8)

Size 18–24 mos

Maximum Dimension:

Centimeters .................................................................... 52.1 50.8 53.3 15.6 29.5 11 13.6

(inches) .......................................................................... (201⁄2) (20) (21) (61⁄8) (115⁄8) (41⁄4) (53⁄8)
Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 / Proposed Rules 27881

Chest Waist Seat Upper

arm Thigh Wrist Ankle

Size 2

Maximum Dimension:

Centimeters .................................................................... 52.1 50.8 53.3 15.6 29.8 11.4 14

(inches) .......................................................................... (201⁄2) (20) (21) (61⁄8) (113⁄4) (41⁄2) (51⁄2)

Size 3

Maximum Dimension:

Centimeters .................................................................... 53.3 52.1 56 16.2 31.4 11.7 14.9

(inches) .......................................................................... (21) (201⁄2) (22) (63⁄8) (123⁄8) (45⁄8) (57⁄8)

Size 4

Maximum Dimension:

Centimeters .................................................................... 56 53.3 58.4 16.8 33.0 12.1 15.9

(inches) .......................................................................... (22) (21) (23) (65⁄8) (13) (43⁄4) (61⁄4)

Size 5

Maximum Dimension:

Centimeters .................................................................... 58.4 54.6 61.0 17.5 34.6 12.4 16.8

(inches) .......................................................................... (23) (211⁄2) (24) 67⁄8) 135⁄8) (47⁄8) (65⁄8)

Size 6

Maximum Dimension:

Centimeters .................................................................... 61.0 55.9 63.5 18.1 36.2 12.7 17.8

(inches) .......................................................................... (24) (22) (25) (71⁄8) (141⁄4) (5) (7)

Size 6X

Maximum Dimension:

Centimeters .................................................................... 62.9 57.2 65.4 18.7 37.8 13.0 18.7

(inches) .......................................................................... (243⁄4) (221⁄2) (253⁄4) (73⁄8) (147⁄8) (51⁄8) (73⁄8)

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.

Diagram 1
27882 Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 / Proposed Rules

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

21⁄8′′ 25⁄8′′ 27⁄8′′ 27⁄8′′ 31⁄4′′ 31⁄2′′ 33⁄4′′ 4′′ 43⁄8′′

(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.

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:

§ 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) (73⁄8) (145⁄8) (51⁄8) (73⁄8)

Size 7 Girls

Maximum Dimension:

Centimeters .................................................................... 63.5 58.4 67.3 18.7 38.7 13.0 18.7

(inches) .......................................................................... (25) (23) (261⁄2) (73⁄8) (151⁄4) (51⁄8) (73⁄8)

Size 8 Boys 1

Maximum Dimension:

Centimeters .................................................................... 66 59.7 67.3 19.4 38.4 13.3 19.1

(inches) .......................................................................... (26) (231⁄2) (261⁄2) (75⁄8) (151⁄8) (51⁄4) (71⁄2)
Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 / Proposed Rules 27883

Chest Waist Seat Upper

arm Thigh Wrist Ankle

Size 8 Girls

Maximum Dimension:

Centimeters .................................................................... 66 59.7 71.1 19.4 41.3 13.3 19.1

(inches) .......................................................................... (26) (231⁄2) (28) (75⁄8) (161⁄4) (51⁄4) (71⁄2)

Size 9 Boys 1

Maximum Dimension:

Centimeters .................................................................... 68.6 61.0 69.2 20 39.7 13.7 19.4

(inches) .......................................................................... (27) (24) (271⁄4) (77⁄8) (155⁄8) (53⁄8) (75⁄8)

Size 9 Girls

Maximum Dimension:

Centimeters .................................................................... 68.6 61.0 73.7 20 42.6 13.7 19.4

(inches) .......................................................................... (27) (24) (29) (77⁄8) (163⁄4) (53⁄8) (75⁄8)

Size 10 Boys 1

Maximum Dimension:

Centimeters .................................................................... 71.1 62.2 71.1 20.6 41.0 14 19.7

(inches) .......................................................................... (28) (241⁄2) (28) (81⁄8) (161⁄8) (51⁄2) (73⁄4)

Size 10 Girls

Maximum Dimension:

Centimeters .................................................................... 71.1 62.2 76.2 20.6 43.8 14 19.7

(inches) .......................................................................... (28) (241⁄2) (30) (81⁄8) (171⁄4) (51⁄2) (73⁄4)

Size 11 Boys 1

Maximum Dimension:

Centimeters .................................................................... 73.7 63.5 73.7 21 42.2 14.3 20

(inches) .......................................................................... (29) (25) (29) (81⁄4) (165⁄8) (55⁄8) (77⁄8)

Size 11 Girls

Maximum Dimension:

Centimeters.

Centimeters .................................................................... 73.7 63.5 78.7 21 45.1 14.3 20

(inches) .......................................................................... (29) (25) (31) (81⁄4) (173⁄4) (55⁄8) (77⁄8)

Size 12 Boys 1

Maximum Dimension:

Centimeters .................................................................... 76.2 64.8 76.2 21.6 43.5 14.6 20.3

(inches) .......................................................................... (30) (251⁄2) (30) (81⁄2) (171⁄8) (53⁄4) (8)

Size 12 Girls

Maximum Dimension:

Centimeters .................................................................... 76.2 64.8 81.3 21.6 46.7 14.6 20.3

(inches) .......................................................................... (30) (251⁄2) (32) (81⁄2) (181⁄2) (53⁄4) (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) (83⁄4) (175⁄8) (57⁄8) (81⁄8)

Size 13 Girls

Maximum Dimension:

Centimeters .................................................................... 78.7 66 83.8 22.2 47.6 14.9 20.6

(inches) .......................................................................... (31) (26) (33) (83⁄4) (183⁄4) (57⁄8) (81⁄8)

Size 14 Boys 1

Maximum Dimension:

Centimeters .................................................................... 81.3 67.3 81.3 22.9 46 15.2 21

(inches) .......................................................................... (32) (261⁄2) (32) (9) (181⁄8) (6) (81⁄4)
27884 Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 / Proposed Rules

Chest Waist Seat Upper

arm Thigh Wrist Ankle

Size 14 Girls

Maximum Dimension:

Centimeters .................................................................... 81.3 67.3 86.4 22.9 49.5 15.2 21

(inches) .......................................................................... (32) (261⁄2) (34) (9) (191⁄2) (6) (81⁄4)

1Garments 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.

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

41⁄2′′ 4′′ 43⁄4′′ 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.
Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 / Proposed Rules 27885

1The Commission voted 2–0 to propose clarifying

the enforcement policy statement. Commissioners

Mary Gall and Thomas Moore voted in favor of

issuing the proposal. Chairman Ann Brown

abstained.

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

CONSUMER PRODUCT SAFETY

COMMISSION

16 CFR Parts 1615 and 1616

Proposed Clarification of Statement of

Policy; Standard for the Flammability

of Children’s Sleepwear: Sizes 0

Through 6X; Standard for the

Flammability of Children’s Sleepwear:

Sizes 7 Through 14

AGENCY: Consumer Product Safety

Commission.

ACTION: Proposed clarification of

statement of policy.

SUMMARY: The Commission proposes to

amend the policy statements on the

flammability of children’s sleepwear so

that infant garments (sized for a child

nine months and under) and ‘‘tightfitting’’ garments (as defined in the

sleepwear standards) can be marketed

and promoted with other sleepwear.1

DATES: Written comments concerning

this proposed amendment are due not

later than August 4, 1998.

ADDRESSES: Comments should be

mailed to the Office of the Secretary,

Consumer Product Safety Commission,

Washington, D.C. 20207; telephone: