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 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the Fiberglass Curtain Rule should be repealed.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