95-23045. Rule Concerning Failure to Disclose That Skin Irritation May Result From Washing or Handling Glass Fiber Curtains and Draperies and Glass Fiber Curtain and Drapery Fabrics  

  • [Federal Register Volume 60, Number 180 (Monday, September 18, 1995)]
    [Proposed Rules]
    [Pages 48071-48073]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-23045]
    
    
    
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    FEDERAL TRADE COMMISSION
    16 CFR Part 413
    
    
    Rule Concerning 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: Notice of proposed rulemaking.
    
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    SUMMARY: The Federal Trade Commission (``Commission'') announces the 
    commencement of a rulemaking proceeding for 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'' or 
    ``Rule''), 16 CFR Part 413. The proceeding will address whether or not 
    the Fiberglass Curtain Rule should be repealed. This notice includes a 
    description of the procedures to be followed, an invitation to submit 
    written comments, a list of questions and issues upon which the 
    Commission particularly desires comments, and instructions for 
    prospective witnesses and other interested persons who desire to 
    participate in the proceeding.
    
    DATES: Written comments must be submitted on or before October 18, 
    1995.
        Notifications of interest in testifying must be submitted on or 
    before October 18, 1995. If interested parties request the opportunity 
    to present testimony, the Commission will publish a notice in the 
    Federal Register stating the time and place at which the hearings will 
    be held and describing the procedures that will be followed in 
    conducting the hearings. In addition to submitting a request to 
    testify, interested parties who wish to present testimony must submit, 
    on or before October 18, 1995, a written comment or statement that 
    describes the issues on which the party wishes to testify and the 
    nature of the testimony to be given.
    
    ADDRESSES: Written comments and requests to testify should be submitted 
    to Office of the Secretary, Federal Trade Commission, Room H-159, Sixth 
    Street and Pennsylvania Avenue, NW., Washington, DC 20580, telephone 
    number (202) 326-2506. Comments and requests to testify should be 
    identified as ``16 CFR Part 413--Comment--Fiberglass Curtain Rule'' and 
    ``16 CFR Part 413--Request to Testify--Fiberglass Curtain Rule,'' 
    respectively. If possible, submit comments both in writing and on a 
    personal computer diskette in Word Perfect or other word processing 
    format (to assist in processing, please identify the format and version 
    used). Written comments should be submitted, when feasible and not 
    burdensome, in five copies.
    
    FOR FURTHER INFORMATION CONTACT:
    Edwin Rodriguez or Janice Podoll Frankle, Attorneys, Bureau of Consumer 
    Protection, Division of Enforcement, 601 Pennsylvania, NW., Washington, 
    DC 20004, (202) 326-3147 or (202) 326-3022.
    
    SUPPLEMENTARY INFORMATION: 
    
    I. Introduction
    
        On May 23, 1995 the Commission published an Advance Notice of 
    Proposed Rulemaking (``ANPR'') seeking comment on the proposed repeal 
    of the Fiberglass Curtain Rule (60 FR 27243). In accordance with 
    section 18 of the Federal Trade Commission Act (``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 
    
    [[Page 48072]]
    of the Subcommittee on Commerce, Trade and Hazardous Materials, United 
    States House of Representatives. The ANPR comment period closed on June 
    22, 1995. The Commission did not receive any public comments.
        Pursuant to the FTC Act, 15 U.S.C. 41-58, and the Administrative 
    Procedure Act, 5 U.S.C. 551-59, 701-06, by this Notice of Proposed 
    Rulemaking (``NPR'') the Commission initiates a proceeding to consider 
    whether the Fiberglass Curtain rule should be repealed or remain in 
    effect.\1\ The Commission is undertaking this rulemaking proceeding as 
    part of the Commission's ongoing program of evaluating trade regulation 
    rules and industry guides to determine their effectiveness, impact, 
    cost and need. This proceeding also responds to President Clinton's 
    National Regulatory Reinvention Initiative, which, among other things, 
    urges agencies to eliminate obsolete or unnecessary regulations.
    
        \1\ In accordance with section 18 of the FTC Act, 15 U.S.C. 57a, 
    the Commission submitted this 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 in the Federal Register.
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    II. Background Information
    
        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). The 
    Statement of Basis and Purpose for the Rule stated that members of the 
    consuming public had made statements that they 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, 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 when the 
    container had not been cleaned of all glass particles.
        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 drapes and fiberglass curtain or drape fabric no longer present a 
    substantial threat of skin irritation to the consumer. Fiberglass was 
    used in curtains primarily because of its fire retardant 
    characteristics. Technological developments in fire retardant fabrics 
    have caused fiberglass fabric to be displaced by polyester and 
    modacrylics in the curtain and drapery industry.\2\ Fiberglass fabrics 
    are now used almost exclusively for very specialized industrial 
    uses.\3\
    
        \2\ See Rulemaking Record, Category B, Staff Submissions.
        \3\ Id.
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    III. Rulemaking Procedures
    
        The Commission finds that the public interest will be served by 
    using expedited procedures in this proceeding. First, there do not 
    appear to be any material issues of disputed fact to resolve in 
    determining whether to repeal the Rule. Second, the use of expedited 
    procedures will support the Commission's goal of eliminating obsolete 
    or unnecessary regulations without an undue expenditure of resources, 
    while ensuring that the public has an opportunity to submit data, views 
    and arguments on whether the Commission should repeal the Rule.
        The Commission, therefore, has determined, pursuant to 16 CFR 1.20, 
    to use the procedures set forth in this notice. These procedures 
    include: (1) Publishing this Notice of Proposed Rulemaking; (2) 
    soliciting written comments on the Commission's proposal to repeal the 
    Rule; (3) holding an informal hearing, if requested by interested 
    parties; (4) obtaining a final recommendation from staff; and (5) 
    announcing final Commission action in a notice published in the Federal 
    Register.
    
    IV. Invitation to Comment and Questions for Comment
    
        Interested persons are requested to submit written data, views or 
    arguments on any issue of fact, law or policy they believe may be 
    relevant to the Commission's decision on whether to repeal the Rule. 
    The Commission requests that commenters provide representative factual 
    data in support of their comments. Individual firms' experiences are 
    relevant to the extent they typify industry experience in general or 
    the experience of similar-sized firms. Commenters opposing the proposed 
    repeal of the Rule should explain the reasons they believe the Rule is 
    still needed and, if appropriate, suggest specific alternatives. 
    Proposals for alternative requirements should include reasons and data 
    that indicate why the alternatives would better protect consumers from 
    unfair or deceptive acts or practices under section 5 of the FTC Act, 
    15 U.S.C. 45.
        Although the Commission welcomes comments on any aspect of the 
    proposed repeal of the Rule, the Commission is particularly interested 
    in comments on questions and issues raised in this Notice. All written 
    comments should state clearly the question or issue that the commenter 
    is addressing.
        Before taking final action, the Commission will consider all 
    written comments timely submitted to the Secretary of the Commission 
    and testimony given on the record at any hearings scheduled in response 
    to requests to testify. Written comments submitted will be available 
    for public inspection in accordance with the Freedom of Information 
    Act, 5 U.S.C. 552, and Commission regulations, on normal business days 
    between the hours of 8:30 a.m. to 5:00 p.m. at the Federal Trade 
    Commission, Public Reference Room, Room H-130, Federal Trade 
    Commission, Sixth Street and Pennsylvania Avenue, NW., Washington, DC 
    20580, telephone number (202) 326-2222.
    Questions
    
        (1) Is any manufacturer currently manufacturing glass fiber 
    curtains or draperies or glass fiber curtain or drapery fabric?
        (2) Is any individual or business entity currently marketing glass 
    fiber curtains or draperies or glass fiber curtain or drapery fabric?
        (3) Do any retail stores or suppliers still maintain stocks of 
    glass fiber curtains or draperies or glass fiber curtain or drapery 
    fabric for resale?
        (4) What are the benefits and the costs of the Rule to consumers?
        (5) What are the benefits and the costs of the Rule to firms 
    subject to the Rule's requirements?
        (6) Has technology changed so that the Rule is no longer needed?
        (7) Are there any other federal or state laws or regulations, or 
    private industry standards, that eliminate the need for the Rule?
        (8) Should the Rule be kept in effect or should it be repealed?
    
    [[Page 48073]]
    
    
    V. Requests for Public Hearings
    
        Because there does not appear to be any dispute as to the material 
    facts or issues raised by this proceeding and because written comments 
    appear adequate to present the views of all interested parties, a 
    public hearing has not been scheduled. If any person would like to 
    present testimony at a public hearing, he or she should follow the 
    procedures set forth in the DATES and ADDRESSES sections of this 
    Notice.
    
    VI. Preliminary Regulatory Analysis
    
        The Regulatory Flexibility Act (``RFA'', 5 U.S.C. 601-11) requires 
    an analysis of the anticipated impact of the proposed repeal of the 
    Rule on small businesses.\4\ The analysis must contain, as applicable, 
    a description of the reasons why action is being considered, the 
    objectives of and legal basis for the proposed action, the class and 
    number of small entities affected, the projected reporting, 
    recordkeeping and other compliance requirements being proposed, any 
    existing federal rules which may duplicate, overlap or conflict with 
    the proposed action, and any significant alternatives to the proposed 
    action that accomplish its objectives and, at the same time, minimize 
    its impact on small entities.
    
        \4\ Section 22 of the FTC Act, 15 U.S.C. 57b-3, also requires 
    the Commission to issue a preliminary regulatory analysis relating 
    to proposed rules when the Commission publishes a notice of proposed 
    rulemaking. The Commission has determined that a preliminary 
    regulatory analysis is not required by section 22 and this 
    proceeding because the Commission has no reason to believe that 
    repeal of the Rule: (1) Will have an annual effect on the national 
    economy of $100,000,000 or more; (2) will cause a substantial change 
    in the cost or price of goods or services that are used exclusively 
    by particular industries, that are supplied extensively in 
    particular geographical industries, or that are acquired in 
    significant quantities by the Federal Government; or (3) otherwise 
    will have a significant impact upon persons subject to regulation 
    under the Rule or upon consumers.
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        A description of the reasons why action is being considered and the 
    objectives of the proposed repeal of the Rule have been explained 
    elsewhere in this Notice. Repeal of the Rule would appear to have 
    little or no effect on any small business. Further, the Commission is 
    not aware of any existing federal laws or regulations that would 
    conflict with repeal of the Rule.
        For all these reasons, the Commission certifies, pursuant to 
    section 605 of RFA, 5 U.S.C. 605, that if the Commission determines to 
    repeal the Rule, that action will not have a significant impact on a 
    substantial number of small entities. To ensure that no substantial 
    economic impact is being overlooked, however, the Commission requests 
    comments on this issue. After reviewing any comments received, the 
    Commission will determine whether it is necessary to prepare a final 
    regulatory flexibility analysis.
    
    VII. Paperwork Reduction Act
    
        The Fiberglass Curtain Rule does not impose ``information 
    collection requirements'' under the Paperwork Reduction Act (``PRA''), 
    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.
    
    VIII. Additional Information for Interested Persons
    
    A. Motions or Petitions
    
        Any motions or petitions in connection with this proceeding must be 
    filed with the Secretary of the Commission.
    
    B. Communications by Outside Parties to Commissioners or Their Advisors
    
        Pursuant to Rule 1.18(c) of the Commission's Rules of Practice, 16 
    CFR 1.18(c), communications with respect to the merits of this 
    proceeding from any outside party to any Commissioner or Commissioner's 
    advisor during the course of this rulemaking shall be subject to the 
    following treatment. Written communications, including written 
    communications from members of Congress, shall be forwarded promptly to 
    the Secretary for placement on the public record. Oral communications, 
    not including oral communications from members of Congress, are 
    permitted only when such oral communications are transcribed verbatim 
    or summarized at the discretion of the Commissioner or Commissioner's 
    advisor to whom such oral communications are made, and are promptly 
    placed on the public record, together with any written communications 
    relating to such oral communications. Memoranda prepared by a 
    Commissioner or Commissioner's advisor setting forth the contents of 
    any oral communications from members of Congress shall be placed 
    promptly on the public record. If the communication with a member of 
    Congress is transcribed verbatim or summarized, the transcript or 
    summary will be placed promptly on the public record.
    
    List of Subjects in 16 CFR Part 413
    
        Fiberglass curtains and curtain fabric, Trade practices.
    
        Authority: 15 U.S.C. 41-58.
    
        By direction of the Commission.
    Donald S. Clark,
    Secretary.
    FR Doc. 95-23045 Filed 9-15-95; 8:45 am]
    BILLING CODE 6750-01-M
    
    

Document Information

Published:
09/18/1995
Department:
Federal Trade Commission
Entry Type:
Proposed Rule
Action:
Notice of proposed rulemaking.
Document Number:
95-23045
Dates:
Written comments must be submitted on or before October 18, 1995.
Pages:
48071-48073 (3 pages)
PDF File:
95-23045.pdf
CFR: (1)
16 CFR 413