[Federal Register Volume 60, Number 180 (Monday, September 18, 1995)]
[Proposed Rules]
[Pages 48071-48073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23045]



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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the Fiberglass Curtain Rule should be repealed.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