[Federal Register Volume 63, Number 3 (Tuesday, January 6, 1998)]
[Proposed Rules]
[Pages 447-449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-101]
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FEDERAL TRADE COMMISSION
16 CFR Part 303
Rule 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 DuPont Advanced Fiber Systems
(``DuPont''), of Wilmington, Delaware. The Commission is proposing the
name ``fluoropolymer'' for the fiber, which DuPont designates by the
registered name ``Teflon.''
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--P974227.''
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 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.
DuPont submitted its application in this matter to the Commission
on March 22, 1996, and has provided the Commission with additional
information, which has been placed on the rulemaking record. DuPont
stated that it has manufactured a fiber known as ``Teflon PTFE
fluorocarbon fiber'' or ``Teflon fiber'' since the 1950's for
industrial applications, but that it expected to begin commercial sales
of the fiber in socks beginning in late April, 1996. DuPont explained
that it was petitioning the Commission to establish a new name and
definition for its fiber in its new use because none of the current
generic fiber definitions in Rule 7 of the Textile Rules is appropriate
for Teflon fiber.
After an initial analysis, on June 25, 1996, the Commission
announced that it has issued DuPont the designation ``DP 0001'' for
temporary use in identifying Teflon PTFE fluorocarbon fiber pending a
final determinations as to the merits of the application for a new
generic name and definition.
II. Chemical Composition and Physical and Chemical Properties of
Teflon PTFE Fluorocarbon Fiber
DuPont states that the name Teflon PTFE fluorocarbon fiber can be
used to describe fibers made from the following materials:
PTFE (CF2-CF2)n where ``n'' is the degree of
polymerization, usually around 50,000
FEP (CF2-CF2)n(CF{CF3}-
CF2)m
PFA (CF2-CF2)n(CF{ORf}-CF2)m in this
case, Rf represents a perfluorinated alkyl group bonded to an ether
oxygen, which hangs off the chain.
DuPont described Teflon PTFE fluorocarbon fiber generally as
inherently low friction, water-resistant, flame-resistant, and low
modulus (i.e., highly resistant to deformation). DuPont expects the
initial market for the fiber to be sports apparel where fabrics from
Teflon fiber and blends containing it may reduce the chance of skin
irritation and may have other desirable characteristics, such as
permanent water- and stain-resistance, softer hand, and improved
comfort.
DuPont described the chemical characteristics of Teflon PTFE
fluorocarbon fibers and the base resins used to make the fibers as
follows:
Teflon PTFE fluorocarbon resins and fibers developed by DuPont
have unusually high thermo-chemical resistance and display
exceptionally low coefficients of friction. The molecular structure
of Teflon PTFE fluorocarbon consists of long chains of carbon atoms
fully saturated by fluorine atoms. The carbon-fluorine bonds are
extremely strong and the carbon-carbon bonds are well-shielded by
the fluorine atoms * * *. Molecules of Teflon PTFE fluorocarbon are
electrically neutral and therefore lack the strong polar forces that
bind together the molecules of other fibers such as nylon or
cellulose. However, the extreme regularity of the molecules permits
very close packing.
Fibers of Teflon are processed to a higher degree of molecular
orientation than their resin counterpart. Thus the stress-strain
properties and resistance to cold flow of the fiber are markedly
different from those of the resin * * *. Other properties of the
fibers and resins are essentially identical.
DuPont summarized the stress-strain and gross properties for
unbleached Teflon PTFE fluorocarbon fiber as follows:
------------------------------------------------------------------------
Yarn denier: filaments (dtex: filaments) 400-60 (440-60)
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Stress-Strain Properties*
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Straight Test:
Tensile strength, psi (MPa).............. 52,500 (359).
Breaking strength, lbs (N)............... 1.7 (7.6),
Breaking tenacity, g/den. (cN/tex)....... 2.0 (18).
Elongation at break, %................... 19.
Initial modulus, g/den. (cN/tex)......... 13.0 (115).
Loop Test:
Tensile strength, psi (Mpa).............. 31,000 (214).
Breaking strength, lbs (N)............... 1.8 (8.0).
Elongation at break, %................... 8.5.
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[[Page 448]]
Thermal Properties
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Shrinkage after 30 minutes, %:
In water at 212 deg.F (100 deg.C)........ 2.5.
In air at 350 deg.F (177 deg.C).......... 6.0.
Specific heat, cal/g. deg.C(J/kg.K).......... 0.25 (1.050).
Thermal conductivity, BTU/h.ft.\2\. deg.F for 1.7 (3.8).
1'' of thickness (W/m\2\.K for 1 cm of
thickness).
Zero strength temperature**, deg.F ( deg.C). 590 (310).
Gel temperature, deg.F ( deg.C)............. 621 (327).
Sublimation rate, % weight loss/hour:
At 554 deg.F (290 deg.C)................. 0.0002.
At 806 deg.F (430 deg.C)................. 1.5.
------------------------------------------------------------------------
General Properties
------------------------------------------------------------------------
Specific gravity............................. 2.1
Moisture regain, %....................... 0.0
------------------------------------------------------------------------
*Stress-strain properties were determined on an ``Instron'' tensile
tester at 70 deg.F (21 deg.C), 65% R.H.
**Temperature at which the yarn breaks under a load of 0.1 g/den. (0.883
cN/tex).
DuPont stated that the coefficient of friction of Teflon PTFE
fluorocarbon fiber is the lowest of all known fibers, and that, because
the static coefficient of friction is only slightly higher than the
dynamic value, the fiber does not exhibit ``stick-slip'' behavior,
which means that the fiber feels very smooth and slippery when rubbed
between the fingers, rather than periodically catching and slipping.
DuPont also asserted that its fiber is the most chemically resistant
fiber known, being inert to such reagents as boiling sulfuric acid,
fuming nitric acid, boiling aqua regia (mixed sulfuric and nitric
acids), and boiling (saturated) sodium hydroxide. In this connection,
DuPont added that the only known solvents for Teflon fiber or resin are
selected perfluorinated organic liquids at temperatures above 570 deg.F
(299 deg.C).
DuPont also stated that the maximum temperature to which Teflon
PTFE fluorocarbon fiber can be exposed for long periods is 550 deg.F
(288 deg.C), but that the fiber can tolerate brief exposures to
temperatures as high as 600 deg.F (316 deg.C). DuPont asserted that
continuous exposure to temperatures below 400 deg.F (204 deg.C)
ordinarily does not degrade the fiber, and that the fiber is stable
over a wide range of temperatures. According to DuPont, the fiber
becomes less ductile at extremely low temperatures and softens at
extremely high temperatures, and that adequate toughness and strength
are available for selected uses at temperatures as low as -450 deg.F
(-268 deg.C) and as high as 550 deg.F (288 deg.C).
DuPont asserted that Teflon PTFE fluorocarbon fiber has significant
sunlight and weather resistance, reporting that continuous exposure of
the fiber to direct sunlight and weather for three years in Florida
resulted in only a 2% measured loss in yarn-breaking strength.
III. Invitation To Comment
The Commission is soliciting comment on DuPont's application
generally, and on whether the application meets the criteria first
announced by the Commission as grounds for granting applications for
new generic names on Dec. 11, 1973, at 38 FR 34112, and later clarified
and reaffirmed on Dec. 6, 1995, 60 FR 62353, and again on May 23, 1997,
62 FR 28343:
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.
Second Criterion: The fiber must be in active commercial use or
such use must be immediately foreseen.
Third Criterion: The granting of the generic name must be of
importance to the consuming public at large, rather than to a small
group of knowledgeable professionals such as purchasing officers for
large Government agencies.
The Commission also requests comments on the appropriateness of the
fiber name and definition proposed below. The Commission is proposing
the generic name ``fluoropolymer'' for DuPont's fiber. DuPont suggested
``fluoropolymer'' so the fiber's name would be consistent with all
other products it sells under the brand name ``Teflon,'' and because
the name ``fluoropolymer'' is already well-established in association
with its Teflon PTFE fluorocarbon fiber.
The Commission notes, however, that a name has already been
established for this type of fiber by the International Organization
for Standardization (``ISO''). The name--``fluorofibre''--is for fibers
composed of linear macromolecules made from aliphatic fluorocarbon
monomers. The Commission solicits comment, therefore, on whether, in
the interests of international standardization of fiber terminology,
the ISO generic name would be more appropriate than DuPont's suggested
name (``fluoropolymer'') to describe fibers similar to DuPont's Teflon
PTFE fluorocarbon fiber. Because the ISO name--``fluorofibre''--is
spelled with the European spelling (``-fibre''), rather than the U.S.
spelling (``-fiber''), the Commission solicits comment specifically on
the appropriateness of a generic fiber name in Rule 7 that would allow
for the use of both versions: ``fluorofiber or fluorofibre.''
The Commission also is proposing the following definition for the
fiber, with which DuPont is in agreement:
A manufactured fiber containing at least 95% of a long-chain
polymer synthesized from aliphatic fluorocarbon monomers.
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 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
[[Page 449]]
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 proposes 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. 70 et seq.
2. It is proposed that a new paragraph (x) be added to Sec. 303.7,
to read as follows:
Sec. 303.7 Generic names and definitions for manufactured fibers.
(x) Fluoropolymer. A manufactured fiber containing at least 95% of
a long-chain polymer synthesized from aliphatic fluorocarbon monomers.
By direction of the Commission.
Benjamin I. Berman,
Acting Secretary.
[FR Doc. 98-101 Filed 1-5-98; 8:45 am]
BILLING CODE 6750-01-M
