[Federal Register Volume 60, Number 244 (Wednesday, December 20, 1995)]
[Rules and Regulations]
[Pages 65532-65533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31013]
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FEDERAL TRADE COMMISSION
16 CFR Part 413
Trade Regulation Rule Concerning the Failure to Disclose That
Skin Irritation May Result from Washing or Handling Glass Fiber
Curtains and Draperies and Glass Fiber Curtain and Drapery Fabrics
AGENCY: Federal Trade Commission.
ACTION: Repeal of rule.
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SUMMARY: The Federal Trade Commission announces the repeal of the Trade
Regulation Rule concerning the Failure to Disclose that Skin Irritation
May Result from Washing or Handling Glass Fiber Curtains and Draperies
and Glass Fiber Curtain and Drapery Fabrics. The Commission has
received the rulemaking record and determined that due to changes in
technology, the Rule no longer serves the public interest and should be
repealed. This notice contains a Statement of Basis and Purpose for
repeal of the Rule.
EFFECTIVE DATE: December 20, 1995.
ADDRESSES: Requests for copies of the Statement of Basis and Purpose
should be sent to Public Reference Branch, Room 130, Federal Trade
Commission, 6th Street & Pennsylvania Avenue N.W., Washington, DC
20580.
FOR FURTHER INFORMATION CONTACT: Edwin Rodriguez or Janice Podoll
Frankle, Attorneys, Federal Trade Commission, Division of Enforcement,
Bureau of Consumer Protection, Washington, DC 20580, (202) 326-3147 or
(202) 326-3022.
SUPPLEMENTARY INFORMATION: .
Statement of Basis and Purpose
I. Background
The Trade Regulation Rule concerning the Failure to Disclose that
Skin Irritation May Result from Washing or Handling Glass Fiber
Curtains and Draperies and Glass Fiber Curtain and Drapery Fabrics
(Fiberglass Curtain Rule), 16 CFR Part 413, was promulgated in 1967 (32
FR 11023). The Fiberglass Curtain Rule requires marketers of fiberglass
curtains or draperies and fiberglass curtain or drapery cloth to
disclose that skin irritation may result from handling fiberglass
curtains or curtain cloth and from contact with clothing or other
articles that have been washed (1) with such glass fiber products, or
(2) in a container previously used for washing such glass fiber
products unless the glass particles have been removed from the
container by cleaning.
On May 23, 1995, the Commission published an Advance Notice of
Proposed Rulemaking (ANPR) seeking comment on proposed repeal of the
Fiberglass Curtain Rule (60 FR 27243). In accordance with Section 18 of
the Federal Trade Commission (FTC) Act, 15 U.S.C. 57a, the ANPR was
sent to the Chairman of the Committee on Commerce, Science, and
Transportation, Untied States Senate, and the Chairman of the
Subcommittee on Commerce, Trade and Hazardous Materials, United States
House of Representatives. The comment period closed on June 22, 1995.
The Commission received no comments.
On September 18, 1995, the Commission published a Notice of
Proposed Rulemaking (NPR) initiating a proceeding to consider whether
the Fiberglass Curtain Rule should be repealed or remain in effect (60
FR 48071).\1\ This rulemaking proceeding was undertaken as part of the
Commission's ongoing program of evaluating trade regulation rules and
industry guides to ascertain their effectiveness, impact, cost and
need. This proceeding also responded to President Clinton's National
Regulatory Reinvention Initiative, which, among other things, urges
agencies to eliminate obsolete or unnecessary regulations. In the NPR,
the Commission announced its determination, pursuant to 16 CFR 1.20, to
use expedited procedures in this proceeding.\2\ The comment period
closed on October 18, 1995. The Commission received no comments and no
requests to hold an informal hearing.
\1\ In accordance with Section 18 of the FTC Act, 15 U.S.C. 57a,
the Commission submitted the NPR to the Chairman of the Committee on
Commerce, Science and Transportation, United States Senate, and the
Chairman of the Subcommittee on Commerce, Trade and Hazardous
Materials, United States House of Representatives, 30 days prior to
its publication.
\2\ These procedures included: publishing a Notice of Proposed
Rulemaking; soliciting written comments on the Commission's proposal
to repeal the Rule; holding an informal hearing, if requested by
interested parties; receiving a final recommendation from Commission
staff; and announcing final Commission action in the Federal
Register.
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II. Basis for Repeal of Rule
The Statement of Basis and Purpose for the Fiberglass Curtain Rule
stated that consumers had experienced skin irritation after washing or
handling glass fiber curtains and draperies and glass fiber curtain and
drapery fabrics. Consequently,the Commission concluded that it was in
the public interest to caution consumers that skin irritation could
result from the direct handling of fiberglass curtains, draperies, and
yard goods, and from body contact with clothing or other articles that
had been washed with fiberglass products or in a container previously
used to wash fiberglass products and not cleaned of all glass
practicles.
As part of its continuing review of its trade regulation rules to
determine their current effectiveness and impact, the Commission
recently obtained information bearing on the need for this Rule. Based
on this review, the Commission has determined that fiberglass curtains
and draperies and fiberglass curtain or drapery fabric no longer
present a substantial threat of skin irritation to the consumer.
Fiberglass was used in curtains primarily because of its fire retardant
characteristic. Technological developments in fire retardant fabrics
have caused fiberglass fabric to be displaced by polyester and
modacrylics in the curtain and drapery industry.\3\ Fiberglass fabrics
are now used almost exclusively for very specialized industrial
uses.\4\ Because the products are no longer sold for consumer use, the
Fiberglass Curtain Rule has become obsolete and should be repealed.
\3\ See Rulemaking Record, Category B, Staff Submissions.
\4\ Id.
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III. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), 5 U.S.C. 601-11 requires an
analysis of the anticipated impact of the repeal of the Rule on
businesses. The reasons for repeal of the Rule have been explained in
this Notice. Repeal of the Rule would appear to have little or no
effect on small businesses. Moreover, the
[[Page 65533]]
Commission is not aware of any existing federal laws or regulations
that would conflict with repeal of the Rule. For these reasons, the
Commission certifies, pursuant to Section 605 of the RFA, 5 U.S.C. 605,
that this action will not have a significant economic impact on a
substantial number of small entities.
IV. Paperwork Reduction Act
The Fiberglass Curtain Rule does not impose ``information
collection requirements'' under the Paperwork Reduction Act, 44 U.S.C.
3501 et seq. Although the Rule contains disclosure requirements, these
disclosures are not covered by the Act because the disclosure language
is mandatory and provided by the government. Repeal of the Rule,
however, would eliminate any burdens on the public imposed by these
disclosure requirements.
List of Subjects in 16 CFR Part 413
Fiberglass curtains and curtain fabric, Trade practices.
PART 413--[REMOVED]
The Commission, under authority of Section 18 of the Federal Trade
Commission Act, 15 U.S.C. 57a, amends chapter I of title 16 of the Code
of Federal Regulations by removing Part 413.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 95-31013 Filed 12-19-95; 8:45 am]
BILLING CODE 6750-01-M
