[Federal Register Volume 60, Number 99 (Tuesday, May 23, 1995)]
[Proposed Rules]
[Pages 27243-27244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12584]
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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: Advance notice of proposed rulemaking.
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SUMMARY: The Federal Trade Commission (the ``Commission'') proposes to
commence a rulemaking proceeding to repeal its Trade Regulation Rule
entitled ``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. The proceeding will address whether the Fiberglass Curtain
Rule should be repealed or remain in effect. The Commission is
soliciting written comment, data, and arguments concerning this
proposal.
DATES: Written comments must be submitted on or before June 22, 1995.
ADDRESSES: Written comments should be identified as ``16 CFR Part 413''
and sent to Secretary, Federal Trade Commission, Room 159, Sixth Street
and Pennsylvania Ave., NW., Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT:
Edwin Rodriguez or Janice Frankle, Attorneys, Federal Trade Commission,
Division of Enforcement, Bureau of Consumer Protection, Washington, DC
20580, (202) 326-3147 or (202) 326-3022.
SUPPLEMENTARY INFORMATION:
Part A--Background Information
This notice is being published pursuant to Section 18 of the
Federal Trade Commission (``FTC'') Act, 15 U.S.C. 57a et seq., the
provisions of Part 1, Subpart B of the Commission's Rules of Practice,
16 CFR 1.7, and 5 U.S.C. 551 et seq. This authority permits the
Commission to promulgate, modify, and repeal trade regulation rules
that define with specificity acts or practices that are unfair or
deceptive in or affecting commerce within the meaning of Section
5(a)(1) of the FTC Act, 15 U.S.C. 45.
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 which 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 such
container by cleaning.
The Rule was promulgated on July 28, 1967 (32 FR 11023 (1967)). The
Statement of Basis and Purpose for the Rule stated that the ``record is
replete with consumer statements relating their experiences with
varying degrees of irritation resulting from the exposure of their skin
to particles from glass fiber curtains, draperies, and 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, drapes, and yard goods, and
from body contact with clothing or other articles that had been
contaminated with fiberglass particles when they were washed with
fiberglass products or in a container previously used to wash
fiberglass products when the container had not been cleaned of all
glass particles.
Part B--Objectives
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.\1\
Based on this review, the Commission has tentatively determined that
fiberglass curtains and drapes and fiberglass curtain or drape fabric
no longer present a substantial threat of skin irritation to the
consumer because technological developments in fire retardant fabrics
have caused fiberglass fabric to be displaced by polyester and
modacrylics in the curtain and drapery area. Fiberglass fabrics are now
used almost exclusively for very specialized industrial uses. These
technological developments and market changes suggest that the
Fiberglass Curtain Rule may not be necessary and in the public
interest. The objective of this notice is to solicit comment on whether
the Commission should initiate a rulemaking proceedings to repeal the
Fiberglass Curtain Rule.
\1\ In a memorandum to all federal departments and agencies
dated March 4, 1995, the President requested all agencies to review
their regulations and to initiate proceedings to eliminate those
they determined were obsolete or unnecessary. In 1992, the
Commission adopted a plan to review all its rules and guides at
least once during a ten-year period. In response to the President's
request, the Commission accelerated its scheduled review of certain
rules to identify any that might be appropriate candidates for
repeal or amendment. For example, under the ten-year plan, the
Fiberglass Curtain Rule was scheduled for review in 1998.
[[Page 27244]]
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Part C--Alternative Actions
The Commission is not aware of any feasible alternatives to
repealing the Fiberglass Curtain Rule.
Part D--Request for Comments
Members of the public are invited to comment on any issues or
concerns they believe are relevant or appropriate to the Commission's
review of the Fiberglass Curtain Rule. The Commission requests that
factual data upon which the comments are based be submitted with the
comments. In this section, the Commission identifies the issues on
which it solicits public comment. The identification of issues is
designed to assist the public and should not be construed as a
limitation on the issues on which public comment may be submitted.
Questions
(1) Is any manufacturer currently manufacturing and marketing
fiberglass fabric for decorative use, as opposed to industrial use such
as electronic circuit boards, joint tape, and insulation?
(2) Is any individual or business entity currently marketing
fiberglass curtains or drapes?
(3) What benefits do consumers derive from the Rule?
(4) Have there been any technological or other changes that have
reduced or eliminated the possibility of skin irritation from contact
from glass fiber material?
(5) Should the Rule be kept in effect or should it be repealed?
Authority: Section 18(d)(2)(B) of the Federal Trade Commission
Act, 15 U.S.C. 57a(d)(2)(B).
List of Subjects in 16 CFR 413
Fiberglass curtains and curtain fabric, Trade practices.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 95-12584 Filed 5-22-95; 8:45 am]
BILLING CODE 6750-01-M
