[Federal Register Volume 63, Number 127 (Thursday, July 2, 1998)]
[Rules and Regulations]
[Pages 36171-36174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17541]
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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: Final rule.
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SUMMARY: The Federal Trade Commission (``Commission'') announces
amendments to Rule 7 of the Rules and Regulations Under the Textile
Fiber Products Identification Act (``Textile Rules''), to designate two
new generic fiber names and establish two new generic fiber definitions
for fibers manufactured by BASF Corporation (``BASF'') of Mt. Olive,
New Jersey, and DuPont Advanced Fiber Systems (``DuPont'') of
Wilmington, Delaware. The amendments create a new subsection (w) to
Rule 7 that establishes the name ``melamine'' for a fiber for which
BASF has registered the trade name ``Basofil''; and a new subsection
(x) to Rule 7 that establishes the name ``fluoropolymer'' for a fiber
that DuPont designates by the registered name ``Teflon.''
DATES: Effective: July 2, 1998.
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:
[[Page 36172]]
I. Background
A. Statutory and Regulatory Framework
Section 4(b)(1) of the Textile Fiber Products Identification Act
(``the Act'') declares that a textile product will be misbranded unless
it is labeled to show, among other elements, the percentages, by
weight, of the constituent fibers (or fiber combinations) in the
product, designated by their generic name and in order of predominance
by weight. 15 U.S.C. 70b(b)(1). Section 4(c) of the Act provides that
the same information required by section 4(b)(1) (except the
percentages) must appear in written advertisements for covered textile
products. 15 U.S.C. 70b(c). Section 7(c) empowers the Commission to
promulgate such rules, including the establishment of generic names of
manufactured fibers, as are necessary to enforce the Act's directives.
15 U.S.C. 70e(c).
Rule 6 of the Textile Rules 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. 16
CFR 303.6. Rule 7 sets forth the generic names and definitions that the
Commission has established for synthetic fibers. 16 CFR 303.7. Rule 8
sets forth the procedures for establishing new generic names. 16 CFR
303.8.
B. Procedural History
On March 22, 1996, BASF and DuPont submitted their applications to
the Commission separately. The applications and related materials were
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.
DuPont states that it has manufactured a fiber it calls ``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 in textile fiber products
covered by the Textile Rules because none of the current generic fiber
definitions in Rule 7 of the Textile Rules is appropriate for Teflon
fiber.
On June 25, 1996, the Commission issued BASF the designation ``BC
0001'' and DuPont the designation ``DP 0001'' for temporary use in
identifying Basofil and Teflon PTFE fluorocarbon fiber, respectively,
pending a final determination as to the merits of the applications for
new generic names. The Commission staff analyzed the applications as
well as additional materials that the two companies subsequently
submitted separately at the staff's request. On January 6, 1998, the
Commission published two Notices of Proposed Rulemaking (``NPR'')
detailing the technical aspects of BASF's (63 FR 449) and DuPont's (63
FR 447) fibers and requesting public comment on whether to add new
generic fiber names and definitions to Rule 7 of the Textile Rules to
describe them. On March 23, 1998, the comment periods created by the
two NPRs closed. No comments were received in either matter.
II. Description of the Fibers and Solicitation of Comments in the
NPRs
A. The Commission's Criteria for Granting a New Generic Name and
Definition Under Rule 7
In the NPRs, the Commission solicited comment on the petitioners'
applications and asked whether the applications met the following
criteria, which the Commission first announced at 38 FR 34,112 (Dec.
11, 1973) as grounds for the granting of petitions for new generic
names, and later clarified and reaffirmed on Dec. 6, 1995, 60 FR
62,352, and again on May 23, 1997, 62 FR 28,342:
1. 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.
2. The fiber must be in active commercial use or such use must be
immediately foreseen.
3. The grant 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.
B. The BASF NPR
1. Fiber Description and Proposed Name and Definition
The BASF NPR provided a detailed description, taken from BASF's
application, of Basofil's chemical composition and physical and
chemical properties.\1\ BASF maintained that, because of its unique
melamine-formaldehyde chemistry, Basofil is especially well-suited for
applications in which heat and flame resistance are needed. BASF thus
intends to use Basofil in the manufacture of heat- and flame-resistant
textile products like fire-blocking fabrics, gloves and aprons and
other protective apparel. BASF described Basofil chemically as follows:
\1\ 63 FR 449, at 449-50 (Jan. 6, 1998). For brevity's sake, the
Commission is providing a simplified description of the fiber today,
and refers those members of the public who wish to see detailed
technical information about the fiber to the earlier description in
the NPR.
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-lined structure containing methylene links, such
as (Melamine-NH-CH2-NH-Melamine) and dimethylene ether
links such as (Melamine-NH-CH2-O-CH2-NH-
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 equipment for the production of woven,
knitted, and nonwoven fabrics. BASF further 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.
The Commission proposed the following fiber name and definition for
Basofil, which has been suggested by BASF:
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.
In proposing this definition in the BASF NPR, the Commission noted
that BASF had 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
[[Page 36173]]
aids, fillers, flame retardants, heat or light stabilizers, optical
modifiers, etc.
2. Discussion of the Three Criteria
a. Distinctive Chemical Composition and Physical Properties of
Importance to the Public
The materials submitted by BASF show that Basofil fiber is based
upon unique melamine chemistry that is not encompassed by any existing
definition in Rule 7 and that results in a fiber with the physical
property of significant resistance to heat and flame. This property is
very important to those members of the general public (for example,
cooks, foundry workers, welders, and fire-fighters) who need textile
fiber products that are highly resistant to heat and flame. Thus,
BASF's application meets this first criterion.
b. Active Commercial Use
BASF stated in the materials it submitted that it has begun to
import Basofil fiber and to market the fiber to potential end users.
When it filed 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 Commission staff that
the plant is currently operational. Such a level of production for
distribution satisfies this second criterion.
c. Importance to the Consuming Public
The Commission agrees with BASF that the granting of a generic name
to describe Basofil is of importance to the general public, and not
just a few knowledgeable professionals such as purchasing officers for
large Government agencies, because of the importance of Basofil's
properties to all consumers in need of textile fiber products with
resistance to heat and flame. The Commission believes that granting a
generic name and definition for Basofil fiber will assist consumers
seeking high heat and flame resistance to identify those textile fiber
products containing Basofil. Thus, the application satisfies this final
criterion.
d. Conclusion
Based on the foregoing, the Commission finds that BASF's fiber
Basofil is of a distinctive chemical composition not encompassed by any
of the Textile Rules' existing generic definitions for manufactured
fibers, that its physical properties are important to the public, that
the fiber is in active commercial use, and that the granting of a new
generic name and definition is important to the consuming public at
large. Because the Commission has received no additional information
bearing on this issue beyond that available to it when it proposed in
the NPR to amend Rule 7 to include a name and definition for Basofil,
the Commission amends Rule 7 of the Textile Rules by adding the
following new name and definition for BASF's fiber:
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.
C. The DuPont NPR
1. Fiber Description and Proposed Name and Definition
The DuPont NPR provided a detailed description, taken from DuPont's
application, of Teflon PTFE fluorocarbon fiber's chemical composition
and physical and chemical properties.\2\ DuPont described Teflon PTFE
fluorocarbon fiber generally as inherently low friction, water-
resistant, flame-resistant, and low modulus (i.e., with a high degree
of flexibility, so textile products that are made from the fiber will
drape easily to conform to the shape of the wearer, and will feel soft
and comfortable to the touch). 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.
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\2\ 63 FR 447, at 447-48 (Jan. 6, 1998). For brevity's sake, the
Commission is providing a simplified description of the fiber today,
and refers those members of the public who wish to see detailed
technical information about the fiber to the earlier description in
the NPR.
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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 fluorocarbons 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.
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, and 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 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 also asserted that Teflon PTFE fluorocarbon fiber has
significant resistance to sunlight and the effects of weather.
The Commission proposed the following fiber name and definition,
which had been suggested by DuPont:
Fluoropolymer. A manufactured fiber containing at least 95% of a
long-chain polymer synthesized from aliphatic fluorocarbon monomers.
DuPont suggested ``fluoropolymer'' in its application so the
fiber's name would be consistent with all other products that DuPont
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 noted in the DuPont NPR,
however, that a name--``fluorofibre''--has already been established for
this type of fiber by the International Organization for
Standardization (``ISO'') for fibers (like Teflon PTFE fluorocarbon
fiber) that are composed of linear macromolecules made from aliphatic
fluorocarbon monomers. The Commission therefore solicited comment on
whether, in the interests of international standardization of fiber
terminology, the ISO generic name (spelled ``fluorofibre'' or
``fluorofiber'') would be more appropriate than DuPont's suggested name
(``fluoropolymer'') to describe fibers similar to DuPont's Teflon PTFE
fluorocarbon fiber.
[[Page 36174]]
2. Discussion of the Three Criteria
a. Distinctive Chemical Composition and Physical Properties of
Importance to the Public
The facts that the coefficient of friction of Teflon PTFE
fluorocarbon fiber is the lowest of all known fibers, that the fiber is
the most chemically resistant fiber known, and that the fiber is stable
over a wide range of temperatures, together with its unique molecular
structure, result in a distinctive chemical composition and distinctive
physical properties. The Commission agrees with DuPont that its fiber
does not fall under any of the existing definitions in the Textile
Rules. The properties of Teflon PTFE fluorocarbon fiber generally--low
friction, water-resistance, flame-resistance, and low modulus--are of
considerable importance to the public, because they result in a fiber
that can be used in sports apparel and other wearing apparel where
reduced skin irritation, permanent water- and stain-resistance, softer
hand, and improved comfort are highly desirable. Thus, the application
meets this first criterion.
b. Active Commercial Use
DuPont has informed Commission staff that it is currently producing
Teflon PTFE fluorocarbon fiber in significant quantities for use in
sports-related textile wearing apparel, and that it has observed
manufacturers in Japan beginning to market similar fibers in markets
abroad. Consequently, the criterion for active commercial use is
satisfied.
c. Importance to the Consuming Public
As discussed above, Teflon PTFE fluorocarbon fiber exhibits the
characteristics of low friction, water- and flame-resistance, and low
modulus. The Commission believes that granting a new generic name to
identify this fiber is of importance to the consuming public at large,
and not just to a few knowledgeable professionals, because it will
enable consumers to recognize garments (such as hiking and athletic
socks) with a reduced chance of skin irritation, significant water- and
stain-resistance, softer hand, and improved comfort. Thus, DuPont's
application meets this third criterion.
d. Conclusion
Based on the foregoing, the Commission finds that DuPont's Teflon
PTFE fluorocarbon fiber is of a distinctive chemical composition not
encompassed by any of the Textile Rules' existing generic definitions
for manufactured fibers, that its physical properties are important to
the public, that the fiber is in active commercial use, and that the
granting of a new generic name and definition is important to the
consuming public at large. Because the Commission has received no
additional information bearing on this issue (including whether to
adopt the name ``fluorofiber/fluorofibre'' instead of DuPont's proposed
name ``fluoropolymer'') \3\ beyond that available to it when it
proposed in the DuPont NPR to amend Rule 7 to include a name and
definition for Teflon PTFE fluorocarbon fiber, the Commission amends
Rule 7 of the Textile Rules by adding the following new name and
definition for DuPont's fiber:
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\3\ Amendments to the Textile Rules promulgated since the NPRs
were published now permit the description of generic fibers defined
in Rule 7 by means of the ISO designations. 68 FR 7,508; 7,510-11;
7,518 (Feb. 13, 1998). Thus, marketers who wish to use
``fluorofibre'' (or ``fluorofiber'') to describe DuPont's fiber now
may do so pursuant to that amendment, or they could use
``fluoropolymer'' in accordance with today's amendment.
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Fluoropolymer. A manufactured fiber containing at least 95% of a
long-chain polymer synthesized from aliphatic fluorocarbon monomers.
III. Effective Date
The Commission is making the amendments effective today, as
permitted by 5 U.S.C. 553(d), because the amendments do not create new
obligations under the Rule; rather, they merely create a fiber name and
definition that the public may use to comply with the Rule.
IV. Regulatory Flexibility Act
In the two NPRs, the Commission tentatively concluded that the
provisions of the Regulatory Flexibility Act relating to an initial
regulatory analysis, 5 U.S.C. 603-604, did not apply to the proposals
because the amendments, if promulgated, would not have a significant
economic impact on a substantial number of small entities. The
Commission believed that the proposed amendments would impose no
additional obligations, penalties, or costs. The amendments simply
would allow covered companies to use new generic names for new fibers
that may not appropriately fit within current generic names and
definitions, and would impose no additional labeling requirements. To
ensure, however, that no substantial economic impact was overlooked,
the Commission solicited public comment in the two NPRs on the effects
of the proposed amendment on costs, profits, competitiveness of, and
employment in small entities. 63 FR 447, at 448-49; 63 FR 449, at 451
(Jan. 6, 1998).
No comments were received on this (or any other) issue in response
to the two NPRs. Accordingly, the Commission hereby certifies, pursuant
to the Regulatory Flexibility Act, 5 U.S.C. 605(b), that the amendments
promulgated today will not have a significant economic impact on a
substantial number of small entities.
V. Paperwork Reduction Act
These amendments do not constitute ``collection[s] of information''
under the Paperwork Reduction Act of 1995, Pub. L. 104-13, 109 Stat.
163, 44 U.S.C. Chapter 35 (as amended), and its implementing
regulations, 5 CFR 1320 et seq. (1997). Those procedures for
establishing generic names that do constitute collections of
information, 16 CFR 303.8 (1997), have been submitted to OMB, which has
approved them and assigned them control number 3084-0101.
List of Subjects in 16 CFR Part 303
Labeling, Textile, Trade Practices.
VI. Text of Amendments
For reasons set forth in the preamble, 16 CFR Part 303 is 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: Sec. 7(c) of the Textile Fiber Products
Identification Act (15 U.S.C. 70e(c)).
2. In Sec. 303.7, paragraphs (w) and (x) are added, 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.
(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. 98-17541 Filed 7-1-98; 8:45 am]
BILLING CODE 6750-01-M
