[Federal Register Volume 60, Number 99 (Tuesday, May 23, 1995)]
[Proposed Rules]
[Pages 27244-27245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12582]
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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: 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 the Lethal Effects of Inhaling Quick-
Freeze Aerosol Spray Products Used for Frosting Cocktail Glasses''
(``Quick-Freeze Spray Rule''), 16 CFR part 417. The proceeding will
address whether the Quick-Freeze Spray Rule should be repealed or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 417''
and sent to Secretary, Federal Trade Commission, Room 159, Sixth Street
and Pennsylvania Avenue NW., Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT:
Lemuel W. Dowdy or George Brent Mickum IV, Attorneys, Federal Trade
Commission, Division of Enforcement, Bureau of Consumer Protection,
Washington, DC 20580, (202) 326-2981 or (202) 326-3132.
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 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 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. Glass
frosting products contain a compound known as Fluorocarbon 12
(dichlorodifluoromethane), which is also the principal ingredient used
in coolants for automobile air conditioners and refrigerators.
The Rule was promulgated on February 20, 1969 (34 FR 2417 (1969)).
The Statement of Basis and Purpose for the Rule stated that, although
the product is not harmful when used as directed, there had been
several instances where the intentional misuse of this product by
inhaling its vapors resulted in death. Consequently, the Commission
concluded that it was in the public interest to caution purchasers who
may not otherwise be aware of the lethal effects of inhaling the
product.
On October 25, 1989, the Commission published a notice in the
Federal Register soliciting public comments on the Rule's impact on
small entities. (54 FR 43435). No comments were received in response to
the notice. The Commission determined, however, that a small amount of
quick freeze aerosol products were still available for sale. Therefore,
the Commission determined that because the Rule's safety warnings, if
followed, could prevent physical harm and loss of life, the Rule should
be retained.
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 determined that glass frosting
products are no longer produced and that they are precluded by the
Clean Air Act from being reintroduced into the market place.\2\ The
objective of this notice is to solicit comment on whether the
Commission should initiate a rulemaking proceeding to repeal the Quick-
Freeze Spray 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
Quick-Freeze Rule was scheduled for review in 1999, ten years after
its last review.
\2\ 42 U.S.C. 7401, 7671i. Regulations promulgated by the
Environmental Protection Agency implementing the Clean Air Act ban
chlorofluorocarbons in aerosols and foams for non-essential uses. 40
CFR 82.64. The ban, which includes fluorocarbon 12, became effective
on January 17, 1994.
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Part C--Alternative Actions
The Commission is not aware of any feasible alternatives to
repealing the Quick-Freeze Spray 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 Quick-Freeze Spray 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 [[Page 27245]] 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 quick-freeze spray
products?
(2) Is any individual or business entity currently marketing quick-
freeze spray products?
(3) Do any retail stores or suppliers still maintain stocks of
quick-freeze spray products for resale?
(4) What benefits do consumers derive from the Rule?
(5) Does regulation of this product by the Environmental Protection
Agency render the Rule unnecessary?
(6) 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 Part 417
Quick-freeze aerosol spray, Trade practices.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 95-12582 Filed 5-22-95; 8:45 am]
BILLING CODE 6750-01-M