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

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Rule should be repealed or remain in effect.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.

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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