57552 Federal Register / Vol. 60, No. 221 / Thursday, November 16, 1995 / Proposed Rules

Paragraph 6005 Class E Airspace Areas Subsequent to publication in the Commission, Room H–159, Sixth and Extending Upward From 700 Feet or More Federal Register it was discovered that Pennsylvania Ave., NW., Washington, Above the Surface of the Earth the geographical coordinates and airport DC 20580. Comments about this * * * * * name were in error. conditional exemption to the Care AGL ND E5 Hettinger, ND [New] Labeling Rule should be identified as Hettinger Municipal Airport, ND Conclusion ° ′ ′′ ° ′ ′′ ‘‘Conditional exemption for symbols, 16 (Lat. 46 00 56 N, long. 102 39 20 W). In consideration of the erroneous CFR Part 423—Comment.’’ That airspace extending upward from 700 information, action to revise the Class E FOR FURTHER INFORMATION CONTACT: feet above the surface within a 6.4-mile airspace serving Rice Lake Municipal Constance M. Vecellio, Attorney, radius of the Hettinger Municipal Airport Airport, Rice Lake, WI, has been and within 1.9 miles each side of the 136 Federal Trade Commission, withdrawn. bearing from the Hettinger Municipal Airport Washington, DC 20580, (202) 326–2966. from the 6.4-mile radius to 8.9 miles List of Subjects in 14 CFR Part 71 southeast of the airport, and that airspace SUPPLEMENTARY INFORMATION: Airspace, Incorporation by reference, extending upward from 1,200 feet above the I. Introduction surface bounded by a line beginning at Lat. Navigation (air). 462000N/Long. 1025800W, to Lat. 462000N/ Withdrawal of Proposed Rule On June 15, 1994, the Commission Long. 1024400W, to Lat. 454500N/Long. published a Federal Register notice 1020900W, to Lat. 454500N./Long. Accordingly, pursuant to the (‘‘FRN’’) requesting comment on various 1025800W to point of beginning excluding authority delegated to me, Airspace aspects of the Care Labeling Rule, that airspace previously described as Victor Docket No. 95–AGL–8, as published in 491. including whether the Rule should be the Federal Register on August 4, 1995, modified to permit the use of symbols * * * * * (60 FR 39893), is hereby withdrawn. Issued in Des Plaines, Illinois on October in lieu of words. The Commission has 31, 1995. Authority: 49 U.S.C. 106(g), 40103, 40113, now tentatively determined to permit Maureen Woods, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– the use of certain symbols, under certain 1963 Comp., p. 389; 14 CFR 11.69. Acting Manager, Air Traffic Division. conditions, and now seeks additional comment on the specifics of the [FR Doc. 95–28344 Filed 11–15–95; 8:45 am] * * * * * proposal. The Commission will BILLING CODE 4910±13±M Issued in Des Plaines, IL, on November 2, 1995. summarize other results of the Maureen Woods, regulatory review it conducted in a separate notice. 14 CFR Part 71 Acting Manager, Air Traffic Division. [Airspace Docket No. 95±AGL±8] [FR Doc. 95–28343 Filed 11–15–95; 8:45 am] II. Background BILLING CODE 4910±13±M The Rule was promulgated by the Proposed Revision of Class E Commission on December 16, 1971, 36 Airspace; Rice Lake, WI FR 23883 (1971), and amended on May FEDERAL TRADE COMMISSION AGENCY: Federal Aviation 20, 1983, 48 FR 22733 (1983). The Rule Administration (FAA), DOT. 16 CFR Part 423 makes it an unfair or deceptive act or ACTION: Proposed rule; withdrawal. practice for manufacturers and Request for Comments Concerning importers of textile wearing apparel and SUMMARY: This action withdraws the Trade Regulation Rule on Care certain piece goods to sell these items Notice of Proposed Rulemaking (NPRM) Labeling of Textile Wearing Apparel without attaching care labels stating which proposed to revise Class E and Certain Piece Goods ‘‘what regular care is needed for the airspace to accommodate a ordinary use of the product.’’ (16 CFR Nondirectional Radio Beacon (NDB) for AGENCY: Federal Trade Commission. 423.6(a) and (b)) The Rule also requires runway 19 approach at Rice Lake ACTION: Request for public comments. that the manufacturer or importer Municipal Airport, Rice Lake, WI. The possess, prior to sale, a reasonable basis NPRM is being withdrawn as a result of SUMMARY: The Federal Trade for the care instructions. (16 CFR wrong geographical coordinates and Commission (the ‘‘Commission’’) is 423.6(c)) airport name change. requesting public comments on a The ‘‘Terminology’’ section of the DATES: This withdrawal is effective proposed conditional exemption to its Rule, 16 CFR 423.2(b), currently November 16, 1995. Trade Regulation Rule on Care Labeling requires that care instructions be stated FOR FURTHER INFORMATION CONTACT: of Textile Wearing Apparel and Certain in ‘‘appropriate terms,’’ although it also Eleanor J. Williams, Air Traffic Division, Piece Goods (‘‘the Care Labeling Rule’’ states that ‘‘any appropriate symbols System Management Branch, AGL–530, or ‘‘the Rule’’). The proposed may be used on care labels or care Federal Aviation Administration, 2300 conditional exemption would permit instructions, in addition to the required East Devon Avenue, Des Plaines, Illinois the use of certain care symbols in lieu appropriate terms so long as the terms 60018, telephone (708) 294–7568. of words on the permanently attached fulfill the requirements of this care label, as long as hangtags with SUPPLEMENTARY INFORMATION: regulation.’’ (Emphasis added). explanatory language are used for the Although the Rule does not specifically The Proposed Rule first 12 month period of symbol use. All state that the instructions must be in On August 4, 1995, a Notice of interested persons are hereby given English, they usually are in English. The Proposed Rulemaking was published in notice of the opportunity to submit FRN stated that the North American the Federal Register to revise Class E written data, views and arguments Free Trade Agreement (‘‘NAFTA’’) ‘‘has airspace to accommodate a concerning this proposal. created industry interest in being Nondirectional Radio Beacon (NDB) for DATES: Written comments will be permitted to use symbols in lieu of runway 19 approach at Rice Lake accepted until January 31, 1996. words to provide care instructions, and Municipal Airport, Rice Lake, WI (60 FR ADDRESSES: Comments should be the Commission seeks comment on the 39893). directed to: Secretary, Federal Trade costs and benefits of such a change.’’ Federal Register / Vol. 60, No. 221 / Thursday, November 16, 1995 / Proposed Rules 57553

The FRN included the following allowing symbols in lieu of written within the NAFTA territory to display questions on this issue: instructions.3 Most comments stated care instructions in English, French and (7) Should the Commission amend the that they favored symbols because Spanish.’’ 7 Many other comments Rule to allow care symbols to be used symbols would make international trade stated that the use of symbols would in lieu of language in care instructions? easier. cause production costs to decline If so, is there an existing set of care Canada and Mexico currently allow because the size of labels would be symbols that would provide all or most the use of symbols to convey garment reduced and smaller labels are less of the information required by the care instructions. Many comments expensive.8 current Rule? What are the advantages focused on trade with Mexico and Several comments noted that the use and disadvantages of the existing Canada, stating or implying that of symbols would help U.S. consumers systems of care symbols? symbols that harmonize with those used who cannot speak English (or whose (a) In particular, what are the in Mexico and Canada would further the primary language is not English) and advantages and disadvantages of the goals of NAFTA.4 Some of these consumers who cannot read (or cannot system of care symbols developed by comments stated or implied that, in read well).9 Some comments noted that the International Association for Textile addition to harmony with Canada and smaller labels may improve consumer Care Labeling (‘‘Ginetex’’) and adopted Mexico, whatever system is adopted comfort.10 Other comments stated that by the International Standards should be in harmony with the symbol smaller labels would also make Organization as International Standard system used in Europe.5 Other garments more attractive.11 Several 3758? comments placed more importance on comments stated that savings from (b) What are the advantages and harmony with the European system than smaller labels could be passed on to disadvantages of the system of care with NAFTA.6 consumers as reductions in the cost of symbols developed by the American Some comments said there would be apparel.12 Society for Testing and Materials some initial cost to changing to a Many comments that favored the use (‘‘ASTM’’) and designated as ASTM symbol system, but they either stated or of symbols emphasized that the symbols D5489 Guide to Care Symbols for Care implied that the long-run cost savings should not be mandatory, but a Instructions on Consumer Textile would exceed these initial ‘‘change- voluntary option, and that the use of Products? over’’ costs. Some comments explained written care instructions should III. Analysis of Comments in more detail why the current Rule continue to be allowed, either as a impedes trade within North America. supplement to symbols or alone.13 Eighty-one comments were received.1 One comment stated that the Several comments noted that all Sixty-five of the comments discussed requirement that care instructions be possible care instructions cannot be the use of symbols in lieu of written written makes for very long labels conveyed by symbols; certain special language to communicate care because it ‘‘forces manufacturers and handling instructions such as ‘‘remove instructions; 60 of those favored the use retailers wanting to sell products freely promptly’’; ‘‘double rinse for best of symbols.2 Five comments opposed results’’; ‘‘wash inside out’’; ‘‘wash with United States Apparel Industry Council (47), Dan like garments’’; or ‘‘wash before 1 The commenters included cleaners; consumers; River, Inc. (48), American Fiber Manufacturers wearing’’ will probably have to be public interest-related groups; fiber, textile, or Association, Inc. (49), The Leslie Fay Companies, 14 apparel manufacturers or sellers (or conglomerates); Inc. (50), Springs Industries, Inc. (51), Salant communicated in words. But one federal government entities; fiber, textile, or apparel Corporation (52), Association of Home Appliance comment noted that ‘‘symbols alone manufacturers or retailers trade associations; two Manufacturers (53), Milliken (54), Ruff Hewn (55), could easily accommodate 75–80% of label manufacturers; one cleaning products American Textile Manufacturers Institute (56), the merchandise sold.’’ 15 manufacturer; one association representing the United States Association of Importers of Textiles leather apparel industry; one Committee formed by and Apparel (57), Authentic Fitness Corporation In sum, most of the comments state industry members from the countries signatory to (60), Warnaco (61), Salant Corporation (63), Fruit of that the use of symbols would benefit NAFTA; one appliance technician; one appliance the Loom (64), Drycleaners Environmental both manufacturers, by lowering manufacturers trade association; two standards- Legislative Fund (65), Angelica Corporation (66), production costs and increasing exports, setting organizations; and two representatives from Department of the Air Force (67), American Apparel foreign nations. Each comment was assigned a Manufacturers Association (68), Trilateral Labeling and consumers, by communicating care number. The first time a comment is cited it is cited Committee (69), J.C. Penney (70), Liz Claiborne, Inc. instructions clearly and by potentially by the full name of the commenter and the assigned (71), Wemco, Inc. (72), Horace Small Apparel number; subsequently, it is cited by the number and Company (74), Perry Manufacturing Company (75), 7 Fruit (64) p.2. a shortened form of the name. The comments are Russell Corporation (76), Oxford Industries, Inc. 8 Fieldcrest (11) p.2; Pittsfield (17) p.1; Mass. available for inspection in the Public Reference (77), The GAP, Inc. (78), Haggar Apparel Company Toxics Reduction (23) p.2; Carter’s (24) p.1; Room, Room 130, Federal Trade Commission, 6th (79), Capital Mercury Shirt Corp. (80), Bidermann Norwick (25) p.1; Capital Shirt (26) p.1; and Pennsylvania Ave., NW., Washington, DC, from Industries (81). Featherbone (33) p.2; VF Corp. (36) p.4; Industry 8:30 a.m. to 5:00 p.m., Monday through Friday, 3 Evelyn Borrow (4), Margaret Tilden (13), Capital Canada (37) p.2; Paxar (42) p.1; Pullen (44) p.4; except federal holidays. Mercury Shirt Corp. (26), Ann Geerhart (29), and VF USAIC (47) p.2; ATMI (56) p.3; USA–ITA (57) p.2; 2 These comments are: Benjamin Axleroad (1), Corporation (36). Salant (63) p.1; Fruit (64) p.2; Air Force (67) p.2; Baby Togs, Inc. (2), Judith S. Barton (7), C.M. Offray 4 Togs (2) p.1; Offray (9) p.1; Fieldcrest (11) p.2; AAMA (68) p.2; Haggar (79) p.1. & Son, Inc. (9), The Schwab Company (10), Koester (12) p.2; Pittsfield (17) pp. 2–3; Mass. 9 Togs (2) p.1; Koester (12) p.2; Pittsfield (17) p.2; Fieldcrest Cannon (11), Ardis W. Koester (12), Toxics Reduction (23) p.2; Carter’s (24) p.1; Norwick (25) p.1; Pullen (44) p.2. Featherbone (33) p.2; Industry Canada (37) p.3; University of Kentucky College of Agriculture (15), 10 A few comments mention that some labels are Paxar (42) p.1; Featherbone (46) p.1; USAIC (47) ASTM Committee D–13 on Textiles (16), Pittsfield scratchy and irritate the skin. Axleroad (1) p.1; p.2; Dan River (48) p.1; AFMA (49) p.1; Salant (52) Weaving Co. (17), European Union (GATT Borrow (4) p.1; Martin (8) p.1; Pittsfield (17) p.1; p.1; AHAM (53) p.2; Milliken (54) p.2; Ruff Hewn Secretariat) (18), Todd Uniform, Inc. (19), Acqua Featherbone (33) p.1; Salant (63) p.1; Capital Shirt (55) p.2; ATMI (56) p.1; USA–ITA (57) p.3; Clean System (20), Woolrich, Inc. (21), The (80) p.1. Massachusetts Toxics Use Reduction Institute (23), Authentic Fitness (60) pp. 1–2; Warnaco (61) pp. 1– 11 AAMA (68) p.2. Carter’s (24), Braham Norwick (25), Oshkosh 2; Salant (63) pp. 1–2; Fruit (64) p.2; Angelica (66) 12 B’Gosh, Inc. (27), Ecofranchising, Inc. (28), p.6; AAMA (68) p.1; Trilateral Committee (69) pp. Paxar (42) p.1, Fruit (64) p.2, Haggar (79) p.1. Consumers Union (31), Clorox Company (32), The 1–2; Wemco (72) p.1; Horace Small (74) p.1; Russell 13 Oshkosh (27) p.1; USAIC (47) p.2; Springs (51) Warren Featherbone Company (33), Industry (76) p.2; Oxford (77) p.1; Haggar (79) p.1; p.1; ATMI (56) p.2; Salant (63) pp. 1–2; Fruit (64) Canada (37), Business Habits, Inc. (38), Clothing Bidermann (81) p.1. p.2; Air Force (67) p.2; AAMA (68) p.3; Trilateral Manufacturers Association of the United States of 5 E.g., Fieldcrest (11) p.2; Pittsfield (17) p.3. Committee (69) p.2; Penny (70) p.2. America (40), National Association of Hosiery 6 European Union (18) pp. 2–3; Leslie Fay (50) 14 Fieldcrest (11) p.3; Pittsfield (17) p.1; European Manufacturers (41), Paxar Corporation (42), Jo Ann p.1; Gap (78) p.4. The Ginetex/ISO system is used Union (18) p.2, Woolrich (21) p.1, VF Corp. (36) p.4. Pullen (44), The Warren Featherbone Company (46), in Europe. 15 Penney (70) p.2. 57554 Federal Register / Vol. 60, No. 221 / Thursday, November 16, 1995 / Proposed Rules decreasing garment prices. Moreover, the Commission proposes to grant a symbols for reduced spin and reduced one comment stated that it ‘‘considers conditional exemption from the mechanical action, required under that the obligation of using mandatory ‘‘Terminology’’ section of the Care section 423.(b)(1)(v) [‘‘Warnings’’] of the language instructions would have the Labeling Rule. However, for the reasons Rule, are linked to temperature.24 (ISO effect of creating unnecessary obstacles discussed above, the Commission standard 3759 Table 1). This linkage is to international trade.’’ 16 Another proposes that the conditional exemption inconsistent with the technology of comment stated that the mandatory state that care labels that use symbols American washers.25 Its temperature language requirement could function as instead of language to convey ranges for tumble drying (normal and a non-tariff barrier to trade which would information must be accompanied by low—ISO standard 3759 Table 5) are ‘‘significantly impede the free flow of hangtags explaining the meaning of the also inconsistent with American goods within the NAFTA territory in symbols. If the symbols on the label are technology.26 It has no symbols for direct contravention of the NAFTA.’’ 17 accompanied by explanatory hangtags, natural drying, or the use of steam in The record contains persuasive then an exemption from the requirement ironing, which are care practices evidence indicating that allowing care that words be used on the label is addressed by the Rule.27 information to be conveyed by symbols appropriate because words on the label For dry cleaning, the ISO/Ginetex would lower production costs and are not necessary to ‘‘prevent the unfair system provides only a symbol would also have benefits for consumers. or deceptive act or practice to which the (constituting an underlining of the Moreover, the record indicates that care rule relates.’’ circle) that means ‘‘strict limitations on symbols are used in many other the addition of water and/or mechanical IV. Symbol Systems That Were countries, and presumably the symbols action and/or temperature during Considered communicate the information they cleaning and/or drying.’’ (ISO standard contain to the consumers in those The Commission examined two 3759 Table 4). However, section countries. Nevertheless, many existing symbol systems—the Ginetex 423.6(b)(2)(ii)(A) provides that, if a dry comments noted the need for consumer system and the ASTM system—to cleaning instruction is included on the education and expressed confidence identify which conveys all or most of label, it must also warn against any part that U.S consumers could adapt to care the information the Rule requires to be of the dry cleaning process which symbols with appropriate education.18 conveyed and meets other important consumers or dry cleaners could Some comments indicated that symbols criteria. As explained below, the ASTM reasonably be expected to use that should be used with words until the system best meets the needs of would harm the product or others being U.S. population understands the consumers and industry at the present cleaned with it.28 The ISO/Ginetex symbols.19 Pittsfield, on the other hand, time. system does not have a method for argued that consumer education based A. ISO/Ginetex System providing warnings about which on dual disclosure—the use of symbols specific parts of the dry cleaning Because the Ginetex system has been with accompanying written instructions process should be avoided. Accordingly, adopted by the International Standards on the label—will not work, as shown the dry cleaning symbol in the ISO/ Organization (‘‘ISO’’) as International by the U.S. experience with the metric Ginetex system does not satisfy the 20 Standard 3758,21 the Commission gave system. Rule’s requirements for dry cleaning careful consideration to this system.22 Section 18(g)(2)of the FTC Act, 15 instructions. U.S.C. 57a(d)(2)(B), provides that ‘‘[i]f However, the ISO/Ginetex system does Thus, the ISO/Ginetex system cannot ** * the Commission finds that the not provide symbols for some of the convey all the information that the application of a rule prescribed under basic information the Rule requires to be Commission has found to be necessary subsection (a)(1)(B) to any person or conveyed. For example, if chlorine to prevent the unfair and deceptive class of persons is not necessary to bleach would harm a product but non- prevent the unfair or deceptive act or chlorine bleach would not, section Consumer Union (31) stated, at p.2, that ‘‘we need practice to which the rule relates, the 423.6(b)(1)(iv) of the Rule requires that a symbol pertinent to non-chlorine bleach as the Commission may exempt such person or the label contain a warning such as industry plans to move away from chlorine bleach.’’ class from all or part of such rule.’’ The ‘‘only non-chlorine bleach when The Trilateral Committee (69), at p.2, and ATMI (56), at p.2, both recommend that any care symbol record indicates that care information needed.’’ However, the ISO/Ginetex system adopted by the U.S. include chlorine and can be conveyed by means of symbols, system contains no symbol for non- non-chlorine bleach instructions. but it also indicates that American chlorine bleach.23 Further, the system’s 24 The system also indicates temperatures for consumers need to be educated—or to washing in precise degrees Centigrade, but few be provided with ‘‘decoding’’ charts or 21 Ginetex (Groupement International d’Etiquetage washing machines in the United States have internal heating devices as European machines do. hangtags—in order to learn to use a pour l’Entretien des Textiles, or International Association for Textile Care Labeling) is an 25 Pittsfield (17), at p.2, noted ‘‘technical particular symbol system. Consequently organization composed of national member bodies, inconsistencies such as the interconnection of with a goal, among other things, of drawing up temperature and cycle conditions’’; Pullen (44), at 16 European Union (18) p.1. ‘‘guidelines and compulsory directives for the use p.5, noted the lack of a complete selection of 17 Fruit (64) p.2. See also AHAM (53) p.2. of the uniform GINETEX symbols and to control symbols for all washing cycles and temperatures. 26 18 Schwab (10) p.1; Fieldcrest (11) pp. 2–3; ASTM their application.’’ The Ginetex system was adopted ATMI (56) p.4; Penney (70), noting at p.2, that (16) p.8; Pittsfield (17) p.1; Woolrich (21) p.1; as an international standard by the International the Ginetex symbols are ‘‘technically incomplete for Carter’s (24) p.2; Consumers Union (31) p.1; Clorox Organization for Standardization (ISO) in 1991 as the American consumer’s laundering practices.’’ (32) p.4; Business Habits (38) p.4; Pullen (44) p.4; ISO Standard 3758. 27 Section 423.6(b)(1)(ii) states that the label must AHAM (53) p.2; Fruit (64) p.3; AAMA (68) p.3. 22 The Trade Agreements Act of 1979 states that state whether the product should be dried by Some comments stated that symbols should not any federal agency must, in developing standards, machine or by some other method. Section replace words until a consumer education program ‘‘take into consideration international standards 423.6(b)(1)(v) states that there must be a warning has become effective. Consumers Union (31) p.1; VF and shall, if appropriate, base the standards on against any part of the prescribed procedure which Corp. (36) p.4; Gap (78) p.3. However, consumers international standards.’’ Trade Agreements Act of consumers can reasonably be expected to use that do not need to memorize the symbols if they have 1979, title IV, section 402, 93 Stat. 242 (1979) would harm the product. However, without a ‘‘decoding’’ charts they can place in their laundry (codified as amended at 19 U.S.C. 2532(2)(A) (Supp. symbol for steam ironing, it is impossible to warn rooms and if such ‘‘decoding’’ charts, or hangtags, 1995)). against steam ironing. are available in retail stores. 23 Several comments noted this deficiency. 28 The Appendix to the Rule provides specific 19 Consumers Union (31) p.1; Gap (78) p.3. Pittsfield (17) p.2; Clorox (32) p.4; V.F. Corp. (36) examples such as ‘‘short cycle,’’ ‘‘low moisture,’’ 20 Comment 17, p.2. p.4; Pullen (44) p.5; ATMI (56) p.4; GAP (78) p.4. ‘‘do not tumble,’’ and ‘‘no steam.’’ Federal Register / Vol. 60, No. 221 / Thursday, November 16, 1995 / Proposed Rules 57555 practices that the Rule was designed to system that was free of proprietary For dry cleaning, it indicates short prevent.29 Moreover, the ISO/Ginetex claims.31 The Commission agrees with cycle, no steam finishing, reduce system is inconsistent with American these comments.32 moisture, and low heat, respectively, by technology in several ways. The Trade means of a line drawn under, above, to B. The System Agreements Act explicitly identifies the left, or to the right of the circle. several reasons why basing a standard ASTM is a scientific and technical Finally, the ASTM system (in Standard on an international standard may not be organization that publishes voluntary section 5.10) allows for optional appropriate, including the prevention of consensus standards. Its Committee D– symbols that may be used for additional deceptive practices and fundamental 13 on Textiles contains a Subcommittee procedures or warnings (e.g., do not technological problems. 19 U.S.C. D13.62 on Care Labeling, which wring). 2532(2)(B)(i) (1980). Accordingly, the developed the voluntary consensus More comments favored the ASTM Commission has concluded the use of standard D5489 referenced in the FRN. system than the Ginetex system for a ISO standard 3758 is not appropriate for A copy of Standard D5489 is attached to variety of reasons, including the fact the United States at this time.30 ASTM’s comment. A copy of an that it is more comprehensive.33 One Another problem that weighed against explanatory or ‘‘decoding’’ chart can be comment noted that it is easier to add the ISO/Ginetex system is the fact that found at the end of this notice. new symbols in the ASTM system.34 Ginetex asserts trademark rights relating The ASTM system provides symbols The Commission notes that ASTM has to the symbols. Annex A to ISO 3758 relating to the basic information obtained a copyright for the entire states that the symbols used in that required by the Rule. It includes Standard D5489, including an standard are registered with the World machine and hand washing, with hand explanatory chart.35 Several comments Intellectual Property Organization washing indicated by a hand in the expressed concern over possible (WIPO) and owned by Ginetex. Part washtub. It indicates permanent press copyright licensing fees for the use of A.2.1 of Annex A of ISO Standard 3758 cycle by underlining the washtub, and the chart.36 However, ASTM recently constitutes an agreement between ISO gentle cycle by underlining it twice. It submitted to the Commission a and Ginetex that ‘‘GINETEX’s includes chlorine and non-chlorine document entitled ‘‘Conditions for ownership rights related to the marks bleach instructions (the latter indicated Republishing the ASTM D 5489 Care are preserved under the terms of this by a shaded triangle), and tumble drying Symbol Chart’’ which states that ASTM agreement, as well as the structure, and natural drying instructions. It will grant other organizations a royalty rights and obligations of its national indicates dryer cycles by underlining, free license for the republication of the committees.’’ The Trilateral Committee with single underlining for permanent complete chart, or portions thereof, (a committee formed by industry press and double underlining for gentle provided that the charts include a line members from the countries signatory to cycle. The iron symbolizes ironing and crediting ASTM and providing that the NAFTA), those comments that explicitly pressing, and includes an indication as copies are not sold separately from the supported its conclusions, and to whether steam can be used (an products to which the copies are numerous other comments stated that instruction that may be particularly affixed.37 This document may alleviate they could only support a symbol important for commercial laundries). Temperature—for water, dryers, or 33 Togs (2) p.1; Fieldcrest (11) pp. 3–4; Koester (12) pp. 1–2; U. of Kentucky (15) p.2; ASTM (16) 29 Section 423.5 describes the unfair or deceptive ironing—is indicated by a series of dots, with one dot indicating cold, two p.1; Pittsfield (17) p.2; Carter’s (24) p.3; Norwick acts or practices the Rule was designed to prevent. (25) p.3, Oshkosh (27) p.1, Clorox (32) pp. 3–4; Section 423.5(a)(2) states that it is an unfair or indicating warm, three indicating hot, Pullen (44) pp. 4–7, Salant (52) p.1; Milliken (54) deceptive act or practice for a manufacturer or four indicating very hot. Five and six pp. 1–2; ATMI (56) pp. 4–5; Air Force (67) p.2; J.C. importer to fail to disclose instructions which Penney (70) p.2. prescribe a regular care procedure necessary for the dots may be used for even higher temperatures. (Alternatively, 34 VF Corp. (36), although not supporting the use ordinary use and enjoyment of the product. Section of symbols without words, did note, at pp.4–5, that 423.5(a)(2) states that it is an unfair or deceptive act temperature may be stated in degrees under Ginetex, ‘‘current symbols cannot be or practice to fail to warn a purchaser when any Celsius.) modified and additional symbols cannot be added’’ part of the prescribed regular care procedure, which and that an advantage of the ASTM system is that a consumer or professional cleaner could 31 Carter’s (24) p.3; Oshkosh (27) p.1; AHAM (53) there ‘‘is a procedure to modify or add other reasonably be expected to use, would harm the symbols.’’ According to the forward to the Annual product or others being cleaned with it. p.2; Milliken (54) p.2; ATMI (56) p.2; Authentic Fitness (60) p.2, Warnaco (61) p.2; Fruit (64) p.4; Book of ASTM Standards, Section 7 Textiles, an 30 The European Union (GATT Secretariat), Drycleaners Fund (65) p.3; AAMA (68) p.4; Penney ASTM standard ‘‘is subject to revision at any time noting that the Ginetex system was adopted as (70) p.1; Trilateral Committee (79) p.2; GAP (78) by the responsible technical committee and must be international standard ISO 3758 in 1991, stated that p.4. In addition, ATMI (56) objected, at p.4, to the reviewed every five years and if not revised, either Article 2.2 of the Agreement on Technical Barriers fact that Ginetex requires that a national body in the reapproved or withdrawn.’’ to Trade requires U.S. authorities to use country using the system register with Ginetex and 35 Letter of June 7, 1994, from Bode Buckley, international standards as a basis for technical monitor use of the system within the country. (See Manager, Technical Committee Operations, ASTM, regulations. Comment 18, pp.1–2. However, while section A.1. of Annex A to ISO Standard 3758, to Kay Villa, ATMI, attached to ATMI comment Article 2.2 of the Agreement on Technical Barriers which states, ‘‘Ginetex has delegated to its national (56). The letter states that a fee will be established to Trade provides that ‘‘technical regulations shall committees, i.e., its members, the task of promoting for the use of the chart. A copy of the chart was not be more trade restrictive than necessary to the implementation of textile care labelling attached to the ASTM comment (16). fulfill a legitimate objective, taking account of the symbols, of granting the right to reproduce and use 36 Milliken (54), noting, at p.2, that ‘‘there is some risks non-fulfillment would create,’’ it recognizes the symbols, and of monitoring their use.’’) concern that ASTM (the organization) has not prevention of deceptive practices as a legitimate 32 Before the ISO subcommittee voted to make the completely followed the wishes of its volunteer objective. It also states that, in assessing such risks, Ginetex system an international standard, several members in making the symbol chart. . . freely ‘‘relevant elements of consideration are, inter alia: countries (including the U.S.) objected to the use of available without copyright licensing available scientific and technical information, a proprietary system as an international standard, considerations’’; ATMI (56), asking, at p.5, that the related processing technology or intended end-uses but they were outvoted. Subsequent to the adoption FTC ‘‘obtain official information from the ASTM of products.’’ Thus, the differences in U.S. and of ISO 3758, the USA delegation to the ISO textile about this fee structure and assure that there would European technology provide a valid reason for the committee submitted to ISO a document entitled be no fee for use of the symbol chart prior to any U.S. to adopt a system that is slightly different than ‘‘USA Comments and Questions Related to ISO adoption of the standard by the FTC’’; AAMA (68), the European system. Nevertheless, the Commission 3758’’ in which they stated, ‘‘The USA opposes any stating, at p.4, that ‘‘the most important reason for agrees with those comments that indicate that the standard that requires royalty fees from any not accepting the ASTM system is the copyright creation of a system of care symbols appropriate for organization. Therefore, USA opposes ‘ISO 3758– issue.’’ use worldwide is desirable. However, ISO Standard 1991- Care labelling code using symbols’ and 37 Moreover, it states that if the chart or symbols 3758, as it now exists, simply does not fulfill the recommends it be withdrawn as an ISO Standard.’’ are modified, then they may not be represented as legitimate objectives of the United States. Attachment to ASTM comment (16). Continued 57556 Federal Register / Vol. 60, No. 221 / Thursday, November 16, 1995 / Proposed Rules concerns about ASTM’s copyright and However, several comments noted that refinements that are not a part of those remove any impediments to the the use of color makes labels much more systems (e.g., underlining to indicate dissemination of explanatory materials expensive.39 In addition, neither the gentle or permanent press cycles in about the system. However, the Canadian nor the Mexican system washers and dryers). The Commission Commission seeks comment on this provides a method of communicating all has tentatively decided that consumer issue. the information required by the current education would be more effective if the Care Labeling Rule. For example, if V. Use of the ASTM System in Canada system was introduced as a whole, chlorine bleach would harm a product 43 and Mexico including the use of underlining. but non-chlorine bleach would not, Nevertheless, the Commission seeks Although the Commission’s first section 423.(b)(1)(iv) of the Rule comment on whether the ASTM system, criterion in considering a symbol system requires that the label contain a warning with its use of underlining to reflect was whether it could fulfill the such as ‘‘only non-chlorine bleach when cycle variations, should be permitted or requirements of the Rule, an equally needed.’’ However, these systems do not whether only the basic symbols, without important criterion was whether the address the use of non-chlorine refinements, should be allowed. system could be harmonized with the bleach.40 Moreover, with respect to dry With respect to temperature symbol systems used in Canada and cleaning, they do not have a method for indications, the ASTM system differs Mexico. NAFTA specifically requires providing warnings about parts of the slightly from the Canadian and Mexican the U.S. to attempt to harmonize its dry cleaning process that might damage systems. Nevertheless, the dot system textile labeling requirements with those the garment.41 for temperature, which can be combined of Canada and Mexico. Article 906 of With respect to machine washing, the with the Celsius temperature as required NAFTA states that ‘‘the Parties shall, to Mexican system does not convey any for the washtub symbol in Mexico and the greatest extent practicable, make refinements, such as ‘‘gentle cycle,’’ and Canada, seems the best compromise for compatible their respective standards- the Canadian system does so by means temperature indications.44 related measures, so as to facilitate trade of color (a yellow washtub means The ‘‘do not bleach’’ symbol (a in a good or service between the ‘‘gentle setting.’’) Neither system offers triangle with an ‘‘X’’ through it) Parties.’’ Article 913 requires the a means of referring to ‘‘permanent represents the only instance in which a creation of a Committee on Standards- press cycle’’ in washing, or various symbol in the ASTM system has a Related Measures, which shall include a cycles in dryers. Both offer symbols for different meaning in Canada or Mexico. Subcommittee on Labelling of Textile natural drying (dry flat, hang to dry, In Mexico, this symbol means ‘‘do not and Apparel Goods, in accordance with and, in Canada, drip dry.) Both systems use chlorine bleach’’; in the ASTM Annex 913.5.a–4. Annex 913.5.a–4. require that temperature for washing be system, it means ‘‘do not [use any] states that the Subcommittee on indicated in Celsius in the washtub. For bleach,’’ chlorine or non-chlorine. To Labelling of Textile and Apparel Goods tumble drying, Mexico has no avoid this conflict, the Commission has shall develop and pursue a work program on indication of temperature, and Canada tentatively decided to accept the ASTM the harmonization of labelling requirements uses a yellow symbol to mean ‘‘low system with one exception and addition to facilitate trade in textile and apparel goods temperature.’’ In both systems, - i.e., the elimination of the triangle with between the Parties through the adoption of temperatures for ironing can be uniform labelling provisions. The work an ‘‘X’’ through it and the substitution indicated by a system of three dots, one of a shaded triangle with an ‘‘X’’ program should include the following for low, two for medium, and three for matters: (a) pictograms and symbols to through it for the ‘‘do not bleach’’ replace, where possible, required written high. symbol. However, the Commission has information, as well as other methods to The Commission has concluded that been informed that members of the reduce the need for labels on textile and the ASTM system basically is ASTM subcommittee that developed compatible with the Canadian and apparel goods in multiple languages; (b) care that care symbol system are considering Mexican systems. Although there are instructions for textile and apparel goods; making this modification to the system. differences among the systems, they do * * * * * If this change is made by ASTM prior not pose insurmountable problems.42 The Canadian and Mexican systems to the final issuance by the Commission The ASTM system includes some use the same five basic symbols that are of a conditional exemption for the use used in the Ginetex and ASTM systems: of symbols, the Commission will simply a washtub to indicate washing (with a 39 Woolrich (21) p.1; Carter’s (24) p.1. Fruit (64), at p.4, stated that it could not endorse a system reference the modified version of the hand in the washtub to indicate hand which required the use of color, but, with that ASTM system, without exceptions or washing), a triangle to indicate proviso, it endorsed the Canadian system. additions.45 bleaching, a square to indicate drying 40 Several comments noted this deficiency. Pittsfield (17) p.2; Clorox (32) p.4; V.F. Corp. (36) (and a circle within a square to indicate 43 Some comments expressed the concern that machine drying), an iron to indicate p.4; Pullen (44) p.5; ATMI (56) p.4; GAP (78) p.4. Consumer Union (31) stated, at p.2, that ‘‘we need the ASTM system may be too complicated. USA– ironing, and a circle to indicate dry a symbol pertinent to non-chlorine bleach as the ITA (57) p.3; Fruit (64) p.4. cleaning. An ‘‘X’’ cancelling out the industry plans to move away from chlorine bleach.’’ 44 The ASTM standard is not entirely clear as to symbol warns against using the The Trilateral Committee (69), at p.2, and ATMI whether temperature can be indicated by the use of (56), at p.2, both recommend that any care symbol dots and the Celsius temperature. The Commission designated cleaning technique, e.g., ‘‘do system adopted by the U.S. include chlorine and solicits comment on this issue. not dry clean.’’ non-chlorine bleach instructions. 45 The ASTM subcommittee recently voted on One commenter suggested that the 41 For dry cleaning, section 423.(b)(2)(ii) of the two additions to the symbols for machine drying: Commission adopt the Canadian system, Rule states that there must be a warning about any a circle in the square with no dots to indicate any which uses the five generic symbols and part of the normal dry cleaning process that would heat; a blacked-in circle to indicate air dry only (no 38 harm the product, and the Appendix provides heat). These changes must still be submitted to the three colors (red, green, and yellow). examples such as ‘‘short cycle,’’ ‘‘low moisture,’’ entire membership of ASTM. In addition, the ‘‘do not tumble,’’ and ‘‘no steam.’’ Canada uses a subcommittee has discussed modifying the dry being the ASTM standard. By implication, however, yellow circle to indicate ‘‘dry clean with caution,’’ cleaning symbol so that lines indicating refinements modified charts could be distributed under some but that warning is too vague to satisfy the to dry cleaning are placed next to the circle at an other title (e.g., Care Symbols Used in the U.S.) This requirements of the Rule. acute angle; if all four refinements were used, the document has been placed on the public record for 42 The Canadian system is not mandatory; thus, symbol would consist of a circle surrounded by four examination by interested parties. the use of symbols without colors should be lines in a diamond formation rather than a square. 38 Todd Uniform (19), p.1. acceptable. This avoids conflict with the symbol for machine Federal Register / Vol. 60, No. 221 / Thursday, November 16, 1995 / Proposed Rules 57557

VI. Consumer Education program of consumer education. The 1. Will the underlining of the washtub Many comments noted the need for Commission seeks comment on the or the machine drying symbol be education, although most expressed amount of time that would be needed to confusing to Canadian and Mexican confidence that U.S consumers could develop and disseminate consumer consumers? Will the underlining be adapt to care symbols with appropriate education and what forms consumer confusing to American consumers? If so, education.46 Some comments indicated education might take. The Commission should the Commission ‘‘except’’ this that symbols should be used with words itself would be pleased to work with part of the ASTM system from the until the U.S. population understands industry members on such campaigns if conditional exemption? 51 Will the symbols.47 Pittsfield, on the other the Commission ultimately adopts the ‘‘excepting’’ the underlining of symbols hand, argued that consumer education proposed conditional exemption. reduce the benefit of symbols or impose based on dual disclosure—the use of The Commission believes, however, costs on manufacturers? symbols with accompanying written that although educational campaigns 2. Should the Commission specify the instructions on the label—will not work, will be necessary and helpful, for at minimum size of the symbols or are as shown by the U.S. experience with least for an initial 12 month period, existing requirements of legibility the metric system.48 manufacturers and importers who sufficient? 52 The Commission agrees that the use of choose to use symbols without words 3. Should explanatory hangtags symbols with explanatory written should be required to attach explanatory providing care information in language instructions on the permanently hangtags to each such garment. This be required for more than one year? Less attached label would probably not be an will ensure that consumers continue to than one year? How long would it take effective way to teach the symbol have access to information about for hangtags to be prepared and affixed system. However, other comments garment care when they make their to garments? suggested strategies that would allow purchases. Consumers who wish to do 4. What types of consumer education consumers to use the symbols while so could keep one or more of these should be planned and to what extent learning them, such as hangtags on hangtags in their laundry rooms. The are industry members willing to garments or charts placed on washing Commission seeks comment on this participate in such campaigns? How machines, product packaging, or on the proposed requirement of the exemption. long would it take to develop and back of detergent boxes.49 ASTM, undertake such campaigns? cognizant of this issue, formed a Task VII. Request for Comment 5. If the Commission were to grant a Group on Care Symbol Education that A. Terms of the Proposed Conditional conditional exemption, when should it includes the Soap and Detergent Exemption Association, the Association of Home become effective? Appliance Manufacturers and numerous The Commission proposes a 6. Does ASTM’s copyright pose a other trade associations and conditional exemption to the Rule to barrier to the use of the ASTM system? representatives from the USDA allow the use of certain care symbols List of Subjects in 16 CFR Part 423 Extension Service.50 The members of without language. The proposed this task group are interested in conditional exemption from the Care Care labeling of textile wearing educating consumers about the symbols. Labeling Rule simply expands the apparel and certain piece goods; Trade In addition, numerous commenters terminology that those covered by the practices. stated they would participate in a Rule can use to convey the required Authority: 15 U.S.C. 41–58. information. Specifically, the proposed By direction of the Commission. drying (which is a circle in a square). These changes conditional exemption would (1) permit provide useful additional symbols, and, if these the use of the ASTM system of symbols Donald S. Clark, changes are adopted by ASTM, the Commission Secretary. proposes adopting the ASTM system with these with an exception and addition (i.e., the changes. However, if adopted, the conditional substitution of a different ‘‘do not BILLING CODE 6750±01±P exemption will reference a specific version of the bleach’’ symbol) and (2) require that, for ASTM system. a 12 month period, care labels with 51 Mexico does not indicate cycles at all, and 46 Schwab (10) p.1; Fieldcrest (11) pp. 2–3; information conveyed only in symbols Canada does so by the use of color. ASTM (16) p.8; Pittsfield (17) p.1; Woolrich (21) 52 p.1; Carter’s (24) p.2; Consumers Union (31) p.1; be accompanied by hangtags explaining Pittsfield, a woven label manufacturer, stated Clorox (32) p.4; Business Habits (38) p.4; Pullen the meaning of the symbols. that ‘‘after surveying the label-producing industry, (44) p.4; AHAM (53) p.2; Fruit (64) p.3; AAMA (68) we would also recommend that care symbols on a p.3. Some comments stated that symbols should not B. Questions on Proposed Conditional label be a minimum of 5 mm in height to ensure replace words until a consumer education program Exemption legibility.’’ Comment 17, p.3. Paxar, which has become effective. Consumers Union (31) p.1; VF described itself as the ‘‘world’s largest manufacturer Corp. (36) p.4; Gap (78) p.3. The Commission specifically solicits of various forms of identification for the textile and 47 Consumers Union (31) p.1; Gap (78) p.3. written public comments on the apparel industry,’’ stated that woven label 48 Comment 17, p.2. following questions, as well as any other manufacturers may find it difficult to weave 49 Fieldcrest (11) p.3; Pittsfield (17) p.2; Carter’s issues relevant to granting or denying symbols clearly, but no problems should exist with (24) p.2; Fruit (64) p.3; AAMA (68) p.3. printed labels. Comment 42, p.1. The Rule currently 50 the conditional exemption described Attachment to Subcomm. D13.62 Minutes, defines a ‘‘care label’’ as a permanent label or tag attached to ASTM comment (16). above: that ‘‘will remain legible during the useful life of the product.’’ 16 CFR 423.1(a). 57558 Federal Register / Vol. 60, No. 221 / Thursday, November 16, 1995 / Proposed Rules

[FR Doc. 95–28290 Filed 11–15–95; 8:45 am] BILLING CODE 6750±01±C