Rules and Regulations Under the Textile Fiber Products Identification Act

FEDERAL TRADE COMMISSION

16 CFR Part 303

Rules and Regulations Under the Textile Fiber Products

Identification Act

AGENCY: Federal Trade Commission.

ACTION: Request for public comments.

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SUMMARY: The Federal Trade Commission (the ``Commission'') is

requesting public comments on its Rules and Regulations under the

Textile Fiber Products Identification Act (the ``Textile Act''). The

Commission is also requesting comments about the overall costs and

benefits of the Rules and their overall regulatory and economic impact

as a part of its systematic review of all current Commission

regulations and guides.

DATES: Written comments will be accepted until June 6, 1994.

ADDRESSES: Send comments to Secretary, Federal Trade Commission, room

H-159, Sixth & Pennsylvania Ave., NW., Washington, DC 20580.

Submissions should be marked ``Rules and Regulations under the Textile

Act, 16 CFR part 303--Comment.''

FOR FURTHER INFORMATION CONTACT:

Bret S. Smart, Program Advisor, Los Angeles Regional Office, Federal

Trade Commission, 11000 Wilshire Blvd., Suite 13209, Los Angeles, CA

90024, (310) 575-7890.

SUPPLEMENTARY INFORMATION: The Commission has determined, as part of

its oversight responsibilities, to review rules and guides

periodically. These reviews will seek information about the costs and

benefits of the Commission's rules and guides and their regulatory and

economic impact. The information obtained will assist the Commission in

identifying rules and guides that warrant modification or revision.

At this time, the Commission solicits written public comments

concerning the Commission's Rules and Regulations under the Textile

Act.

The Textile Act (15 U.S.C. 70) requires marketers of covered

textile products to mark each product with (1) the generic names and

percentages by weight of the constituent fibers present in the textile

product; (2) the name under which the manufacturer or other responsible

company does business, or in lieu thereof, the registered

identification number (RN) of such company; and (3) the name of the

country where the textile product was processed or manufactured.

Furthermore, the Textile Act contains advertising and recordkeeping

provisions. Pursuant to section 7(c) of the Textile Act, ``[t]he

Commission is authorized and directed to make such rules and

regulations, including the establishment of generic names of

manufactured fibers, under and in pursuance of the terms of this Act as

may be necessary and proper for administration and enforcement.'' (15

U.S.C. 70e(c).) These implementing rules and regulations are set forth

at 16 CFR part 303.

Currently, Rules 10, 21, 32, and 45 (16 CFR 303.10, 303.21, 303.32,

and 303.45) include provisions where measurements are expressed

exclusively in inch/pound units. Under Executive Order 12770 of July

25, 1991 (56 FR 35801, July 29, 1991), and the Metric Conversion Act,

as amended by the Omnibus Trade and Competitiveness Act (15 U.S.C.

205b), all federal agencies are required to use the SI metric system of

measurement in all procurements, grants, and other business-related

activities (which includes rulemakings), except to the extent that such

use is impractical or is likely to cause significant inefficiencies or

loss of markets to United States firms. To comply with these

requirements, should the Commission elect to retain Rules 10, 21, 32,

and 45 after conducting this review, the wording of these provisions

will be altered to include the metric equivalents in parentheses beside

the measurements in inch/pound units.

Rule 10(b) (16 CFR 303.10(b)) would be revised to read: ``Where

drapery or upholstery fabrics are manufactured on hand-operated looms

for a particular customer after the sale of such fabric has been

consummated, and the amount of the order does not exceed 100 yards

(91.44 m) of fabric, the required fiber content disclosure may be made

by listing the fibers present in order of predominance by weight with

any fiber or fibers required to be designated as ``other fiber'' or

``other fibers'' appearing last, as for example:

Rayon

Wool

Acetate

Metallic

Other fibers''

Rule 21(a)(1) (16 CFR 303.21(a)(1)) would be revised to read: ``If

the samples, swatches, or specimens are less than two square inches

(12.9 cm2) in area and the information otherwise required to

appear on the label is clearly, conspicuously, and non-deceptively

disclosed on accompanying promotional matter in accordance with the Act

and regulations;''

Rule 32 (16 CFR 303.32) would be revised to read: ``Any upholstered

product, mattress, or cushion which contains stuffing which has been

previously used as stuffing in any other upholstered product, mattress,

or cushion shall have securely attached thereto a substantial tag or

label, at least 2 inches (5.08 cm) by 3 inches (7.62 cm) in size, and

statements thereon conspicuously stamped or printed in the English

language and in plain type not less than \1/3\ inch (8.38 mm) high,

indicating that the stuffing therein is composed in whole or in part of

``reused stuffing,'' ``secondhand stuffing,'' ``previously used

stuffing,'' or ``used stuffing.''

Rule 45(a)(xv) (16 CFR 303.45(a)(xv)) would be revised to read:

``Flags with heading or more than 216 square inches (13.9 dm2) in

size;''

These are technical, non-substantive amendments to Rules 10, 21,

32, and 45 which merely provide metric equivalents to the measurements

expressed in inch/pound units; they do not create any new requirements.

Thus, under the Administrative Procedure Act (5 U.S.C. 553 et seq.), no

formal rulemaking proceeding is necessary to implement these revisions.

Accordingly, the Commission solicits public comments on the

following questions:

1. Is there a continuing need for the Rules and Regulations issued

under the Textile Act?

a. What benefits have the Rules provided to purchasers of the

products or services affected by the Rules?

b. Have the Rules imposed costs on purchasers?

2. What changes, if any, should be made to the Rules to increase

the benefits of the Rules to purchasers?

a. How would these changes affect the costs the Rules impose on

firms subject to their requirements?

3. What significant burdens or costs, including costs of

compliance, have the Rules imposed on firms subject to their

requirements?

a. Have the Rules provided benefits to such firms?

4. What changes, if any, should be made to the Rules to reduce the

burdens or costs imposed on firms subject to their requirements?

a. How would these changes affect the benefits provided by the

Rules?

5. Do the Rules overlap or conflict with other federal, state, or

local laws or regulations?

6. Since the Rules were issued, what effects, if any, have changes

in relevant technology or economic conditions had on the Rules?

Authority: 15 U.S.C. 70 et seq.

List of Subjects in 16 CFR Part 303

Advertising, Labeling, Recordkeeping, Textile fiber products.

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 94-10938 Filed 5-5-94; 8:45 am]

BILLING CODE 6750-01-M