Federal Register / Vol. 60, No. 99 / Tuesday, May 23, 1995 / Proposed Rules 27243

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.

nearly all of the states mandating the

point-of-sale disclosure required by the

rule. The objective of this notice is to

solicit comment on whether the

Commission should initiate a

rulemaking proceeding to repeal the

Tablecloth Rule.

Part C—Alternative Actions

The Commission is not aware of any

feasible alternatives to either repealing

or retaining the Tablecloth 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 Tablecloth

Rule. Comments submitted during the

regulatory review proceeding described

above will be made part of the record,

and need not be resubmitted. A

comment that includes the reasoning or

basis for a proposition will likely be

more persuasive than a comment

without supporting information. The

Commission requests that factual data

upon which the comments are based be

submitted with the comments. In this

section, the Commission identifies a

number of issues on which it solicits

public comment. The identification of

issues is designed to assist the public to

comment on relevant matters and

should not be construed as a limitation

on the issues on which public comment

may be submitted.

Questions

(1) Do manufacturers and sellers of

tablecloths currently use ‘‘cut size’’ as a

means of marking the size of their

products for sale at retail to consumers?

(2) Does the fact that nearly all of the

states have adopted the Uniform

Packaging and Labeling Regulation,

which governs the labeling of

tablecloths, eliminate or greatly lessen

the need for the Tablecloth Rule?

(3) What are the benefits to consumers

from the rule?

(4) What are the costs to industry

imposed by the rule?

(5) Is there a continuing need for the

rule or should the rule be repealed?

Authority: Sec. 18(d)(2)(B) of the Federal

Trade Commission Act, 15 U.S.C.

57a(d)(2)(B).

List of Subjects in 16 CFR Part 404

Advertising, Trade practices,

Tablecloths.

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 95–12579 Filed 5–22–95; 8:45 am]

BILLING CODE 6750–01–M

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.
27244 Federal Register / Vol. 60, No. 99 / Tuesday, May 23, 1995 / Proposed Rules

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 QuickFreeze Rule was scheduled for review in 1999, ten

years after its last review.

2 42 U.S.C. 7401, 7671i. Regulations promulgated

by the Environmental Protection Agency

implementing the Clean Air Act ban

chlorofluorocarbons in aerosols and foams for nonessential uses. 40 CFR 82.64. The ban, which

includes fluorocarbon 12, became effective on

January 17, 1994.

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

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: 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 the Lethal Effects of Inhaling

Quick-Freeze Aerosol Spray Products

Used for Frosting Cocktail Glasses’’

(‘‘Quick-Freeze Spray Rule’’), 16 CFR

part 417. The proceeding will address

whether the Quick-Freeze Spray 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 417’’ and

sent to Secretary, Federal Trade

Commission, Room 159, Sixth Street

and Pennsylvania Avenue NW.,

Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT:

Lemuel W. Dowdy or George Brent

Mickum IV, Attorneys, Federal Trade

Commission, Division of Enforcement,

Bureau of Consumer Protection,

Washington, DC 20580, (202) 326–2981

or (202) 326–3132.

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 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 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. Glass frosting

products contain a compound known as

Fluorocarbon 12

(dichlorodifluoromethane), which is

also the principal ingredient used in

coolants for automobile air conditioners

and refrigerators.

The Rule was promulgated on

February 20, 1969 (34 FR 2417 (1969)).

The Statement of Basis and Purpose for

the Rule stated that, although the

product is not harmful when used as

directed, there had been several

instances where the intentional misuse

of this product by inhaling its vapors

resulted in death. Consequently, the

Commission concluded that it was in

the public interest to caution purchasers

who may not otherwise be aware of the

lethal effects of inhaling the product.

On October 25, 1989, the Commission

published a notice in the Federal

Register soliciting public comments on

the Rule’s impact on small entities. (54

FR 43435). No comments were received

in response to the notice. The

Commission determined, however, that

a small amount of quick freeze aerosol

products were still available for sale.

Therefore, the Commission determined

that because the Rule’s safety warnings,

if followed, could prevent physical

harm and loss of life, the Rule should

be retained.

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 determined that glass

frosting products are no longer

produced and that they are precluded

by the Clean Air Act from being

reintroduced into the market place.2

The objective of this notice is to solicit

comment on whether the Commission

should initiate a rulemaking proceeding

to repeal the Quick-Freeze Spray Rule.

Part C—Alternative Actions

The Commission is not aware of any

feasible alternatives to repealing the

Quick-Freeze Spray 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 QuickFreeze Spray 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