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: 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 that Skin Irritation

May Result from Washing or Handling Glass Fiber Curtains and Draperies

and Glass Fiber Curtain and Drapery Fabrics. The Commission has

received the rulemaking record and determined that due to changes in

technology, the Rule no longer serves the public interest and should be

repealed. This notice contains a Statement of Basis and Purpose for

repeal of the Rule.

EFFECTIVE DATE: December 20, 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: Edwin Rodriguez or Janice Podoll

Frankle, Attorneys, Federal Trade Commission, Division of Enforcement,

Bureau of Consumer Protection, Washington, DC 20580, (202) 326-3147 or

(202) 326-3022.

SUPPLEMENTARY INFORMATION: .

Statement of Basis and Purpose

I. Background

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), 16 CFR Part 413, was promulgated in 1967 (32

FR 11023). 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 that 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 the

container by cleaning.

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

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

Fiberglass Curtain Rule (60 FR 27243). 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, Untied 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 Fiberglass Curtain Rule should be repealed or remain in effect (60

FR 48071).\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 Statement of Basis and Purpose for the Fiberglass Curtain Rule

stated that consumers 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, draperies, and

yard goods, and from body contact with clothing or other articles that

had been washed with fiberglass products or in a container previously

used to wash fiberglass products and not cleaned of all glass

practicles.

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 draperies and fiberglass curtain or drapery fabric no longer

present a substantial threat of skin irritation to the consumer.

Fiberglass was used in curtains primarily because of its fire retardant

characteristic. Technological developments in fire retardant fabrics

have caused fiberglass fabric to be displaced by polyester and

modacrylics in the curtain and drapery industry.\3\ Fiberglass fabrics

are now used almost exclusively for very specialized industrial

uses.\4\ Because the products are no longer sold for consumer use, the

Fiberglass Curtain Rule has become obsolete and should be repealed.

\3\ See Rulemaking Record, Category B, Staff Submissions.

\4\ Id.

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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

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

this Notice. Repeal of the Rule would appear to have little or no

effect on small businesses. Moreover, the

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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 Fiberglass Curtain 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 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.

List of Subjects in 16 CFR Part 413

Fiberglass curtains and curtain fabric, Trade practices.

PART 413--[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 413.

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 95-31013 Filed 12-19-95; 8:45 am]

BILLING CODE 6750-01-M