Trade Regulation Rule Concerning the Failure To Disclose the Lethal Effects of Inhaling Quick-Freeze Aerosol Spray Products Used for Frosting Cocktail Glasses

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: Repeal of rule.

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SUMMARY: The Federal Trade Commission announces the repeal of the Trade

Regulation Rule concerning the Failure to Disclose the Lethal Effects

of Inhaling Quick-Freeze Aerosol Spray Products Used for Frosting

Cocktail Glasses. The Commission has reviewed the rulemaking record and

determined that, because federal law prohibits the sale or distribution

of the products that were the subject of the Quick-Freeze Spray Rule,

the Rule no longer serves the public interest and should be repealed.

This document contains a Statement of Basis and Purpose for repeal of

the Rule.

EFFECTIVE DATE: December 21, 1995.

ADDRESSES: Requests for copies of the Statement of Basis and Purpose

should be sent to Public Reference Branch, Room 130, Federal Trade

Commission, 6th Street & Pennsylvania Avenue N.W., Washington, DC

20580.

FOR FURTHER INFORMATION CONTACT:

Lemuel W. Dowdy or George Brent Mickum IV, Federal Trade Commission,

Division of Enforcement, Bureau of Consumer Protection, Washington,

D.C. 20580, (202) 326-2981, (202) 326-3132.

SUPPLEMENTARY INFORMATION:

Statement of Basis and Purpose

I. Background

The Trade Regulation Rule concerning the 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,

was promulgated on February 20, 1969 (34 FR 2417). 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.

On May 23, 1995, the Commission published an Advance Notice of

Proposed Rulemaking (ANPR) seeking comment on the proposed repeal of

the Quick-Freeze Spray Rule (60 FR 27244). In accordance with Section

18 of the Federal Trade Commission (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 of the

Subcommittee on Commerce, Trade and Hazardous Materials, United States

House of Representatives. The comment period closed on June 22, 1995.

The Commission received no comments.

On September 18, 1995, the Commission published a Notice of

Proposed Rulemaking (NPR) initiating a proceeding to consider whether

the Quick-Freeze Spray Rule should be repealed or remain in effect (60

FR 48073).\1\ This rulemaking proceeding was undertaken as part of the

Commission's ongoing program of evaluating trade regulation rules and

industry guides to ascertain their effectiveness, impact, cost and

need. This proceeding also responded to President Clinton's National

Regulatory Reinvention Initiative, which, among other things, urges

agencies to eliminate obsolete or unnecessary regulations. In the NPR,

the Commission announced its determination, pursuant to 16 CFR 1.20, to

use expedited procedures in this proceeding.\2\ The comment period

closed on October 18, 1995. The Commission received no comments and no

requests to hold an informal hearing.

\1\ In accordance with Section 18 of the FTC Act, 15 U.S.C. 57a,

the Commission submitted the 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.

\2\ These procedures included: publishing a Notice of Proposed

Rulemaking; soliciting written comments on the Commission's proposal

to repeal the Rule; holding an informal hearing, if requested by

interested parties; receiving a final recommendation from Commission

staff; and announcing final Commission action in the Federal

Register.

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II. Basis for Repeal of Rule

The Commission has determined to repeal the Quick-Freeze Spray Rule

for the following reasons:

1. The active ingredient in quick-freeze spray products was

Fluorocarbon 12. The Clean Air Act, 42 U.S.C. 7401 et seq., and its

implementing regulations, ban chlorofluorocarbons in aerosols and foams

for non-essential uses because they are ozone depleting agents. The

ban, which includes Fluorocarbon 12, became effective on January 17,

1994.\3\ A number of aerosol products containing fluorocarbons have

been exempted from the ban, but glass-frosting aerosols are not among

them.

\3\ 40 CFR 82.64 (1994).

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2. Based on a 1989 review of the Rule, the Commission determined

that the last known producer of glass-frosting products was Ronco, Inc.

Ronco last produced its glass-frosting machines in 1980. The product

was last sold to retailers in 1982. Ronco has none of the product in

its warehouse and has sold the tooling machinery that was used to

manufacture the product.\4\

\4\ See Rulemaking Record, Staff Submissions: Letter from Donna

Wellington, Executive Vice President, Ronco, Inc., dated April 18,

1995, to Mr. Lemuel W. Dowdy.

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3. Commission staff was unable to locate any glass-frosting

products for sale anywhere in the country.\5\

\5\ See Rulemaking Record, Staff Submissions: Memorandum to

File, George Brent Mickum IV, dated April 18, 1995.

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4. Poison treatment centers have reported no cases involving the

product.\6\

\6\ Id.

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Because the products addressed by this Rule are no longer available

and cannot be sold or distributed legally, the Quick-Freeze Spray Rule

has become obsolete and should be repealed.

III. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA), 5 U.S.C. 601-11, requires an

analysis of the anticipated impact of the repeal of the Rule on small

businesses. The reasons for repeal of the Rule have been explained in

this Notice. Repeal of the

[[Page 66072]]

Rule would appear to have little or no effect on small businesses.

Moreover, the Commission is not aware of any existing federal laws or

regulations that would conflict with repeal of the Rule. For these

reasons, the Commission certifies, pursuant to Section 605 of the RFA,

5 U.S.C. 605, that this action will not have a significant economic

impact on a substantial number of small entities.

IV. Paperwork Reduction Act

The Quick-Freeze Spray Rule does not impose ``information

collection requirements'' under the Paperwork Reduction Act, 44 U.S.C.

3501 et seq. Although the Rule contains disclosure requirements, these

disclosures are not covered under 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.

List of Subjects in 16 CFR Part 417

Hazardous substances, Labeling, Trade practices.

PART 417--[REMOVED]

The Commission, under authority of section 18 of the Federal Trade

Commission Act, 15 U.S.C. 57a, amends chapter I of title 16 of the Code

of Federal Regulations by removing part 417.

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 95-30916 Filed 12-20-95; 8:45 am]

BILLING CODE 6750-01-M