[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 The proceeding will address whether or not the Fiberglass Curtain Rule should be repealed.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. --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- 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