[Federal Register Volume 60, Number 245 (Thursday, December 21, 1995)]
[Rules and Regulations]
[Pages 66071-66072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30916]
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FEDERAL TRADE COMMISSION
16 CFR Part 417
Trade Regulation Rule Concerning the Failure To Disclose the
Lethal Effects of Inhaling Quick-Freeze Aerosol Spray Products Used for
Frosting Cocktail Glasses
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 the Lethal Effects
of Inhaling Quick-Freeze Aerosol Spray Products Used for Frosting
Cocktail Glasses. The Commission has reviewed the rulemaking record and
determined that, because federal law prohibits the sale or distribution
of the products that were the subject of the Quick-Freeze Spray Rule,
the Rule no longer serves the public interest and should be repealed.
This document contains a Statement of Basis and Purpose for repeal of
the Rule.
EFFECTIVE DATE: December 21, 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:
Lemuel W. Dowdy or George Brent Mickum IV, Federal Trade Commission,
Division of Enforcement, Bureau of Consumer Protection, Washington,
D.C. 20580, (202) 326-2981, (202) 326-3132.
SUPPLEMENTARY INFORMATION:
Statement of Basis and Purpose
I. Background
The Trade Regulation Rule concerning the Failure to Disclose the
Lethal Effects of Inhaling Quick-Freeze Aerosol Spray Products Used for
Frosting Cocktail Glasses (Quick-Freeze Spray Rule), 16 CFR Part 417,
was promulgated on February 20, 1969 (34 FR 2417). The Quick-Freeze
Spray Rule requires a clear and conspicuous warning on aerosol spray
products used for frosting beverage glasses. The warning states that
the contents should not be inhaled in concentrated form and that doing
so may cause injury or death.
On May 23, 1995, the Commission published an Advance Notice of
Proposed Rulemaking (ANPR) seeking comment on the proposed repeal of
the Quick-Freeze Spray Rule (60 FR 27244). 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, United 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 Quick-Freeze Spray Rule should be repealed or remain in effect (60
FR 48073).\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 Commission has determined to repeal the Quick-Freeze Spray Rule
for the following reasons:
1. The active ingredient in quick-freeze spray products was
Fluorocarbon 12. The Clean Air Act, 42 U.S.C. 7401 et seq., and its
implementing regulations, ban chlorofluorocarbons in aerosols and foams
for non-essential uses because they are ozone depleting agents. The
ban, which includes Fluorocarbon 12, became effective on January 17,
1994.\3\ A number of aerosol products containing fluorocarbons have
been exempted from the ban, but glass-frosting aerosols are not among
them.
\3\ 40 CFR 82.64 (1994).
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2. Based on a 1989 review of the Rule, the Commission determined
that the last known producer of glass-frosting products was Ronco, Inc.
Ronco last produced its glass-frosting machines in 1980. The product
was last sold to retailers in 1982. Ronco has none of the product in
its warehouse and has sold the tooling machinery that was used to
manufacture the product.\4\
\4\ See Rulemaking Record, Staff Submissions: Letter from Donna
Wellington, Executive Vice President, Ronco, Inc., dated April 18,
1995, to Mr. Lemuel W. Dowdy.
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3. Commission staff was unable to locate any glass-frosting
products for sale anywhere in the country.\5\
\5\ See Rulemaking Record, Staff Submissions: Memorandum to
File, George Brent Mickum IV, dated April 18, 1995.
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4. Poison treatment centers have reported no cases involving the
product.\6\
\6\ Id.
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Because the products addressed by this Rule are no longer available
and cannot be sold or distributed legally, the Quick-Freeze Spray Rule
has become obsolete and should be repealed.
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 small
businesses. The reasons for repeal of the Rule have been explained in
this Notice. Repeal of the
[[Page 66072]]
Rule would appear to have little or no effect on small businesses.
Moreover, the 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 Quick-Freeze Spray 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 under 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 417
Hazardous substances, Labeling, Trade practices.
PART 417--[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 417.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 95-30916 Filed 12-20-95; 8:45 am]
BILLING CODE 6750-01-M
