[Federal Register Volume 60, Number 99 (Tuesday, May 23, 1995)]
[Proposed Rules]
[Pages 27243-27244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12584]



-----------------------------------------------------------------------


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.

-----------------------------------------------------------------------

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Rule should be repealed or remain in effect.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. 
[[Page 27244]] 
---------------------------------------------------------------------------

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