[Federal Register Volume 60, Number 244 (Wednesday, December 20, 1995)]
[Rules and Regulations]
[Pages 65532-65533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31013]



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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repealed.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 

[[Page 65533]]
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