(dissenting).
In 1967, despite the strong, high level political pressure put upon the Congress and the Department of Commerce which embraces appellant “Federal Trade Commission,” the revised Flammable Fabrics Act contained a savings clause carried over from the o 1953 Act which clearly states that “Notwithstanding the provisions of this Act, the standards of flammability in effect under the provisions of the Flammable Fabrics Act, as amended, on the day preceding the date of enactment of this Act, shall continue in effect for the fabrics and articles of wearing apparel to which they are applicable until superseded or modified by the Secretary of Commerce pursuant to the authority conferred by the amendments made by this Act.” [Follows 15 U.S.C. § 1191 in Supplement V 1965-1969].
It is not disputed and cannot be, that the standards applicable under the 1953 Act continue in effect under the 1967 Act and Commercial Standard 191-53 remains appropriate for such hats as “constitute or form part of a covering for the neck, face, or shoulders when worn by individuals.” Despite the unmistakable meaning of the above clear language the appellees amazingly and successfully argued that the 1953 language in the savings clause merely meant hats which do not themselves cover any part of the neck, face or shoulders or are attached to some other garment which completely covers the neck, face or shoulders. That brazen theory was put forward by a witness who was not a general hat expert but merely claimed knowledge of ladies’ hats and headwear.
The berets in question, affirmatively found to be dangerously flammable, are close fitting hats which concededly cover a part of the neck and face, and it is not denied that they also cover the ears. The appellees would have it that Congress, despite its specific language, only meant hats that totally cover the entire neck and face. What appellees avoid noting is that Congress was trying to protect the public from the very real danger of wearing a close fitting, flammable hat that could result in horrible injury before it could even be removed from a person’s head. It is really a great pity that not only the expertness of the Commission and its sound common sense in obtaining the savings clause are brushed aside to perpetuate the political victory in the retention of headwear that no one should be allowed to inflict upon a public completely unaware of its terrible potential. The result before us is utterly wrong. I would reverse the judgment of the district court.