[Federal Register Volume 60, Number 245 (Thursday, December 21, 1995)]
[Rules and Regulations]
[Pages 66071-66072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30916]



=======================================================================
-----------------------------------------------------------------------

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.

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

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the Rule no longer serves the public interest and should be repealed.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

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).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    4. Poison treatment centers have reported no cases involving the 
product.\6\

    \6\ Id.
---------------------------------------------------------------------------

    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