[Federal Register Volume 63, Number 3 (Tuesday, January 6, 1998)]
[Proposed Rules]
[Pages 449-451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-100]
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FEDERAL TRADE COMMISSION
16 CFR Part 303
Rules and Regulations Under the Textile Fiber Products
Identification Act
AGENCY: Federal Trade Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Federal Trade Commission (``Commission'') solicits
comments as to whether to amend Rule 7 of the Rules and Regulations
Under the Textile Fiber Products Identification Act (16 CFR 303.7) to
designate a new generic fiber name and establish a new generic fiber
definition for a fiber manufactured by BASF Corporation (``BASF''), of
Mt. Olive, New Jersey. BASF requested that the Commission establish the
name ``melamine'' for the fiber, which it designates by the registered
name ``Basofil.''
DATES: Comments will be accepted through March 23, 1998.
ADDRESSES: Comments should be submitted to: Office of the Secretary,
Federal Trade Commission, Room 159, Sixth St. & Pennsylvania Ave., NW,
Washington DC, 20580. Comments should be identified as ``16 CFR Part
303--Textile Rule 7 Comment--P974228.''
FOR FURTHER INFORMATION CONTACT: James G. Mills, Attorney, Division of
Enforcement, Federal Trade Commission, Washington, DC, 20580; (202)
326-3035, FAX: (202) 326-3259.
SUPPLEMENTARY INFORMATION:
I. Background
Rule 6 of the Rules and Regulations under the Textile Fiber
Products Identification Act (``Textile Rules,'' 16 CFR 303.6) requires
manufacturers to use the generic names of the fibers contained in their
textile fiber products in making required disclosures of the fiber
content of the products. Rule 7 (16 CFR 303.7) sets forth the generic
names and definitions that the Commission has established for synthetic
fibers. Rule 8 (16 CFR 303.8) sets forth the procedures for
establishing new generic names.
BASF submitted its application in this matter to the Commission on
March 22, 1996. Since then, BASF has submitted additional information
at the request of the Commission's staff. The application and related
materials have been placed on the rulemaking record. BASF stated that
Basofil fiber, which is mostly used in combination with other heat- and
flame-resistant fibers, is intended for use in applications where heat
and flame resistance and low flammability are vital, including fire-
blocking fabrics, protective apparel and heat-insulating fabrics. BASF
stated that, because the unique chemistry of Basofil fiber is
inadequately described under the existing generic names listed in the
Textile Rules, a new generic name and definition should be established.
After an initial analysis, on June 25, 1996, the Commission issued
BASF the designation ``BC 0001'' for temporary use in identifying
Basofil, pending a final determination as to the merits of the
application for a new generic name.
II. Chemical composition and Physical and Chemical Properties of
BASF's Fiber
In its petition and other materials, BASF described Basofil as a
fiber that, because of its unique melamine-formaldehyde chemistry, is
especially suited for applications in which heat and flame resistance
are needed. BASF intends the fiber to be used in the manufacture of
heat- and flame-resistant textile products, like fire-blocking fabrics,
gloves and aprons and other protective apparel, and filters for use in
high-temperature applications. BASF described Basofil chemically as
follows:
The product is a fiber made from a condensation polymer of
melamine derivatives and formaldehyde * * *. In the condensation
reaction, methylol compounds are formed which then react with one
another to form a three-dimensional structure of methylene ether and
methylene bridges.
The chemical composition of Basofil fiber is based upon a three-
dimensional cross linked structure containing methylene links, such
as (Melamine-NH-CH2-NH-Melamine) and dimethylene ether
links such as (Melamine-NH-CH2-O-CH2NH-
Melamine). The melamine can also be modified to contain hydroxyl
groups.
The network structure of Basofil fiber provides the
characteristics found in melamine-based resins--heat stability,
solvent resistance, and low flammability.
BASF stated that Basofil combines fire protection and heat
stability with good chemical, hydrolysis and ultraviolet resistance,
and that the fiber, which is white and dyeable, can be processed on
standard textile manufacturing
[[Page 450]]
equipment for the production of woven, knitted, and nonwoven fabrics.
BASF asserted that Basofil's most outstanding physical properties
are its high Limiting Oxygen Index (LOI), low thermal conductivity,
heat dimensional stability, and the fact that it does not shrink, melt
or drip when exposed to a flame. BASF provided the following table to
describe the most important physical properties of Basofil:
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Fiber Denier, nominal..................... 2.5, variable.
Staple Length, nominal.................... 2 inch, variable.
Density................................... 1.4 g/cm\3\.
Tenacity, nominal......................... 1.8 g/denier.
Elongation at Break, nominal.............. 12%.
Moisture Regain, @23 deg.C & 65% RH....... 5%.
Limiting Oxygen Index (LOI)............... 32.
Continuous Use Temperature................ 200 deg.C (392 deg.F)
Maximum Use Temperature................... 260 deg.C-370 deg.C (500
deg.F-698 deg.F).
Hot Air Shrinkage, 1 hr @ 200 deg.C(392 <1%. deg.f).="" ------------------------------------------------------------------------="" basf="" tested="" an="" 18="" oz/yd\2\="" woven="" basofil="" fabric="" sample="" for="" tensile="" strength="" and="" elongation="" at="" break,="" after="" a="" 12-hour="" exposure="" in="" water="" at="" room="" temperature="" and="" reconditioned="" in="" dry="" air,="" in="" accordance="" with="" european="" test="" method="" din="" 53="" 857="" using="" samples="" 50="" mm="" wide="" and="" an="" extension="" rate="" of="" 100="" mm/min.="" the="" results="" indicated="" that="" there="" was="" little="" effect="" on="" tensile="" properties="" (breaking="" strength="" @="" 225="" lbs.="" dry="" and="" 214="" lbs.="" after="" immersion:="" breaking="" elongation="" @="" 20%="" for="" both).="" basf="" evaluated="" the="" chemical="" resistance="" of="" the="" same="" basofil="" fabric="" in="" various="" solvents,="" acides="" and="" basis.="" the="" fabric="" was="" exposed="" to="" the="" test="" medium="" for="" 28="" days="" at="" room="" temperature="" and="" then="" washed="" and="" tested="" wet="" to="" measure="" tensile="" strength="" loss="" after="" exposure.="" the="" results="" showed="" that="" basofil="" fiber="" is="" resistant="" to="" many="" solvents="" and="" to="" hydrolysis,="" is="" extremely="" resistant="" to="" alkalis="" and="" has="" some="" resistance="" to="" acids.="" basf="" exposed="" fabric="" samples="" to="" elevated="" temperatures="" and="" then="" tested="" them="" at="" room="" temperature="" for="" breaking="" strength.="" the="" results="" indicated="" minimal="" change="" in="" tensile="" properties.="" basf="" also="" directly="" measured="" the="" tensile="" strength="" at="" temperatures="" up="" to="" 200="" deg.c.="" the="" fabric="" was="" treated="" for="" one="" hour="" at="" the="" test="" temperature="" and="" measured="" for="" tensile="" strength.="" again,="" the="" results="" showed="" little="" change="" in="" tensile="" strength.="" basf="" conducted="" several="" tests="" of="" basofil="" fabric="" samples="" to="" evaluate="" flammability,="" ignitability,="" flame="" spread,="" the="" secondary="" effects="" of="" fire="" and="" heat="" release,="" and="" smoke="" toxicity.="" basf="" tested="" a="" sample="" of="" 18="" oz/="" yd\2\="" woven="" basofil="" fabric="" in="" accordance="" with="" astm="" e662-79/bss="" 7239="" and="" analyzed="" smoke="" and="" gas="" samples="" taken="" four="" minutes="" after="" the="" onset="" of="" smoldering.="" the="" results="" showed="" that="" basofil="" fiber="" was="" well="" under="" federal="" aviation="" administration="" requirements="" (important="" because="" an="" early="" use="" of="" basofil="" was="" as="" a="" fire-retardant="" material="" in="" airplanes).="" the="" specific="" optical="" density="" of="" the="" smoke,="" according="" to="" the="" test,="" was="" 25="">S) after 4 minutes flaming. A DS value less
than 200 is required to pass FAA standards. BASF's results of a 12-
second vertical flame test (according to Federal Aviation Regulation
25.853/FTM 191-5903) showed that Basofil fabric also meets FAA
requirements in this regard. BASF measured the Thermal Protective
Performance (TPP) of the same Basofill fabric, according to NFPA 1971.
The results were a single fabric layer TPP of 27 at a heat flux of 2
cal/cm\2\-sec.
In additional materials, BASF provided the Commission with infrared
spectrum information, x-ray diffraction results, and fiber and fabric
samples.
III. Invitation To Comment
The Commission is soliciting comment on BASF's application
generally, and on whether the application meets the criteria (discussed
below) that the Commission first announced at 38 FR 34112 (Dec. 11,
1973) as grounds for the granting of petitions for new generic names,
and later clarified and reaffirmed on December 6, 1995, 60 FR 62353,
and again on May 23, 1997, 62 FR 28343. BASF has contended that its
petition meets these criteria.
First Criterion: The fiber for which a generic name is requested
must have a chemical composition radically different from other
fibers, and that distinctive chemical composition must result in
distinctive physical properties of significance to the general
public.
According to BASF, the Basofil fiber is based upon unique melamine
chemistry that tresults in a fiber with significant heat and flame
resistance. BASF asserted that the granting of a generic name and
definition for Basofil is necessary to enable consumers seeking high
heat and flame resistance to identify those textile fiber products
containing Basofil.
Second Criterion: The fiber must be in active commercial use or
such use must be immediately foreseen.
BASF stated that it has begun to import Basofil fiber and to market
the fiber to potential end users. At the time of its petition, BASF was
in the process of building a plant in Enka, North Carolina, capable of
producing approximately 3.6 million pounds of Basofil. Counsel for BASF
has informed the Commission that the plant is currently operational.
Third Criterion: The granting of the generic name must be of
importance to the consuming public at large, rather than a small
group of knowledgeable professionals such as purchasing officers for
large Government agencies.
BASF argued that, because of the importance of heat and flame
resistance to many fiber products, both industrial and consumer, the
Commission's granting of the generic name is of importance to the
general public.
The Commission also requests comments on the appropriateness of the
fiber name definition proposed by BASF. Maintaining that the key to
Basofil chemistry is the melamine-aldehyde cross-linkage, BASF proposed
the generic name ``melamine,'' with the following corresponding
definition:
A manufactured fiber in which the fiber forming substance is a
synthetic polymer composed of at least 50% by weight of a cross-
linked melamine polymer.
BASF explained that the unusually low (50%) threshold for the
principal element of the fiber (the cross-linked melamine polymer) in
the definition is based on the possibility that Basofil may be modified
in the future to contain other components typically found in fiber
formulations, such as dispersing aids, fillers, flame retardants, heat
or light stabilizers, optical modifiers, etc. BASF provided an example
of such a formulation:
50% melamine fiber
5% pigment
5% pigment dispersing aid
15% flame retardant
5% light or heat stabilizer
20% organic filler
BASF continued:
Original fiber properties could change in some cases. For
example, initial tenacity and elongation may drop. In other cases,
original properties may not change, but fastness properties may
improve, as, for example, with the addition of a stabilizer. In
other instances, the change may only be in appearance, as with the
addition of a pigment.
Before deciding whether to amend Rule 7, the Commission will
consider any comments submitted to the Secretary of the Commission
within the above-mentioned comment period. Comments that are submitted
will be available for public inspection, in accordance with the Freedom
of Information Act, 5 U.S.C. 552, and Commission regulations, 16 CFR 4,
on
[[Page 451]]
normal business days between the hours of 8:30 a.m. and 5:00 p.m. at
the Public Reference Room, Room 130, Federal Trade Commission, 6th St.
& Pennsylvania Ave., NW, Washington, D.C. 20580.
IV. Regulatory Flexibility Act
The provisions of the Regulatory Flexibility Act relating to an
initial regulatory analysis (5 U.S.C. 603-604) are not applicable to
this proposal because the Commission believes that the amendment, if
promulgated, will not have a significant economic impact on a
substantial number of small entities. The Commission has tentatively
reached this conclusion with respect to the proposed amendment because
the amendment would impose no additional obligations, penalties or
costs. The amendment simply would allow covered companies to use a new
generic name for a new fiber that may not appropriately fit within
current generic names and definitions. The amendment would impose no
additional labeling requirements.
To ensure that no substantial economic impact is being overlooked,
however, the Commission requests public comment on the effect of the
proposed amendment on costs, profits, and competitiveness of, and
employment in, small entities. After receiving public comment, the
Commission will decide whether preparation of a final regulatory
flexibility analysis is warranted. Accordingly, based on available
information, the Commission certifies, pursuant to the Regulatory
Flexibility Act (5 U.S.C. 605(b)), that the proposed amendment, if
promulgated, would not have a significant economic impact on a
substantial number of small entities.
V. Paperwork Reduction Act
This proposed amendment does not constitute a ``collection of
information'' under the Paperwork Reduction Act of 1995 (Pub. L. 104-
13, 109 Stat. 163) and its implementing regulations. (5 CFR 1320 et
seq.) The collection of information imposed by the procedures for
establishing generic names (16 CFR 303.8) has been submitted to OMB and
has been assigned control number 3084-0101.
List of Subjects in 16 CFR Part 303
Labeling, Textile, Trade practices.
VI. Proposed Amendments
Accordingly, the Commission proposed that 16 CFR Part 303 be
amended as follows:
PART 303--RULES AND REGULATIONS UNDER THE TEXTILE FIBER PRODUCTS
IDENTIFICATION ACT
1. The authority citation for part 303 continues to read as
follows:
Authority: 15 U.S.C. 70e(c) et seq.
2. It is proposed that a new paragraph (w) be added to Sec. 303.7,
to read as follows:
Sec. 303.7 Generic names and definitions for manufactured fibers.
* * * * *
(w) Melamine. A manufactured fiber in which the fiber-forming
substance is a synthetic polymer composed of at least 50% by weight of
a cross-linked melamine polymer.
By direction of the Commission.
Benjamin I. Berman,
Acting Secretary.
[FR Doc. 98-100 Filed 2-5-98; 8:45 am]
BILLING CODE 6750-01-M
