65532 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations

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.

3See Rulemaking Record, Category B, Staff

Submissions.

4 Id.

constitute ‘‘information collection

requirements’’ under the Paperwork

Reduction Act, 44 U.S.C. 3501 et seq.

Accordingly, repeal of the Rule would

eliminate any burdens on the public

imposed by these disclosure

requirements.

List of Subjects in 16 CFR Part 404

Advertising, Tablecloths and related

products, Trade practices.

PART 404—[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

404.

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 95–31012 Filed 12–19–95; 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: Repeal of rule.

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should be repealed.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.

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.

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
Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65533

1The Rule then gives an example of proper length

representation when the product consists of two ten

foot sections: ‘‘maximum working length 17’, total

length of sections 20′’’ or ‘‘17′ extension ladder’’.

2 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.

3These 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.

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

16 CFR Part 418

Trade Regulation Rule Concerning

Deceptive Advertising and Labeling as

to Length of Extension Ladders

AGENCY: Federal Trade Commission.

ACTION: Repeal of rule.

SUMMARY: The Federal Trade

Commission announces the repeal of the

Trade Regulation Rule concerning

Deceptive Advertising and Labeling as

to Length of Extension Ladders. The

Commission has reviewed the

rulemaking record and determined that

due to changes in industry practice, and

the existence of standards mandating

the point-of-sale disclosures required by

the Rule, 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: Neil

Blickman, Attorney, Federal Trade

Commission, Bureau of Consumer

Protection, Division of Enforcement,

Washington, DC 20580, (202) 326–3038.

SUPPLEMENTARY INFORMATION:

Statement of Basis and Purpose

I. Background

The Trade Regulation Rule

concerning Deceptive Advertising and

labeling as to Length of Extension

Ladders (Extension Ladder Rule), 16

CFR Part 418, was promulgated in 1969

(34 FR 929). The Extension Ladder Rule

declares that it is an unfair or deceptive

act or practice and an unfair method of

competition to represent the size or

length of an extension ladder in terms

of the total length of the component

sections thereof unless:

(a) Such size or length representation

is accompanied by the words ‘‘total

length of sections’’ or words with

similar meaning that clearly indicate the

basis of the representation; and,

(b) Such size or length representation

is accompanied by a statement in close

proximity that clearly and

conspicuously shows the maximum

length of the product when fully

extended for use (i.e., excluding the

footage lost in overlapping) along with

an explanation of the basis for such

representation.1

On May 23, 1995, the Commission

published an Advance Notice of

Proposed Rulemaking (ANPR) seeking

comment on proposed repeal of the

Extension Ladder Rule (60 FR 27245). 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

Extension Ladder Rule should be

repealed or remain in effect (60 FR

48075).2 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,

the use expedited procedures in this

proceeding.3

The comment period closed on

October 18, 1995. The Commission

received no comments and no requests

to hold an informal hearing.

II. Basis for Repeal of Rule

The Commission periodically reviews

its rules and guides, seeking information

about their costs and benefits and their

regulatory and economic impact. The

information obtained assists the

Commission in identifying rules and

guides that warrant modification or

rescission. Accordingly, on April 19,

1993, the Commission published in the

Federal Register a request for public

comments on its Extension Ladder Rule

(58 FR 21125). The Commission asked

commenters to address questions

relating to the costs and benefits of the

Rule, the burdens it imposes, and the

basis for assessing whether it should be

retained, or amended.

Six specific comments were received.

One commenter, a consumer, opined

that the only label that should be on

ladders is the ‘‘maximum working

length’’ because consumers should not

have to do any figuring to determine the

length of the ladder that would meet

their needs.

Of the other five commenters, four

were manufacturers or suppliers of

ladders and one was a trade association.

A number of these comments referred to

the American National Standards

Institute (ANSI) standard A14, which

governs the labeling of ladders. ANSI

standard A14 details the requirements

for labeling portable wood ladders,

portable metals ladders, fixed ladders,

job made ladders, and portable