96-17468. Rules and Regulations Under the Textile Fiber Products Identification Act  

  • [Federal Register Volume 61, Number 132 (Tuesday, July 9, 1996)]
    [Proposed Rules]
    [Pages 35992-35994]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-17468]
    
    
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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: On October 30, 1992. Teijin Limited (``Teijin'') filed an 
    application with the Federal Trade Commission (``Commission'') 
    requesting the establishment of a new generic fiber name and 
    definition. The application was filed pursuant to Rule 8 of the Rules 
    and Regulations Under the Textile Fiber Products Identification Act 
    (the ``Textile Act''--15 U.S.C. 70; implementing regulations at 16 CFR 
    part 303). The
    
    [[Page 35993]]
    
    application maintains that its new fiber, ``manufactured from poly 
    tetramethylene ether/poly butylene glycol terephthalate copolymer,'' 
    has a unique chemical composition and distinctive physical 
    characteristics such that it cannot be identified by any of the generic 
    names already established by the Commission in Rule 7 (16 CFR 303.7). 
    The application also states that Teijin intends to market the fiber 
    commercially, and subsequent information from the applicant states that 
    the fiber is now being used in the U.S. Teijin recommends that the new 
    fiber be given one of the following generic names, in descending order 
    of preference: (1) ``Polyetherester,'' (2) ``Elastoester,'' or (3) 
    ``Estelast.'' The Teijin application includes a proposed definition for 
    the new fiber.
        The Commission now solicits comments as to whether Rule 7 should be 
    amended to include a new generic name and definition covering Teijin's 
    fiber.
    
    DATES: Written comments will be accepted through September 9, 1996.
    
    ADDRESSES: Submit written comments and other submissions to: Secretary, 
    Federal Trade Commission, Room H-159, Sixth & Pennsylvania Avenue, 
    N.W., Washington, D.C. 20580. Submissions should be marked: ``Rule 7 
    Under the Textile Act--Comment.''
    
    FOR FURTHER INFORMATION CONTACT:
    Bret S. Smart, Program Advisor, Los Angeles Regional Office, Federal 
    Trade Commission, 11000 Wilshire Boulevard, #13209, Los Angeles, CA 
    90024, (310) 235-4040.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
        Rule 6 (16 CFR 303.6) of the Rules and Regulations under the 
    Textile Fiber Products Identification Act 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 or synthetic fibers. 
    Rule 8 (16 CFR 303.8) sets forth the procedures for establishing new 
    generic names.
        Teijin submitted its initial application in this matter to the 
    Commission on October 30, 1992, and subsequently submitted additional 
    information. The application and related materials have been placed on 
    the rulemaking record. After an initial analysis, the Commission, on 
    December 29, 1992, issued the designation ``TL 0001'' for temporary use 
    in identifying the Teijin fiber until a final determination can be made 
    as to the merits of the application for a new generic name.
    
    II. Chemical Composition, Physical and Chemical Properties
    
        In its application, Teijin describes the fiber, its composition, 
    and its physical and chemical properties, as follows:
    
        The general formula of the chemical composition of poly 
    tetramethylene ether/poly butylene glycol terephthalate copolymer, -
    [(CH2CH2CH2CH2O)m] - 
    (COC6H4COOCH2CH2CH2CH2O)n-, consists 
    of:
    
    Poly tetramethylene ether (CH2CH2CH2CH2O)m: 60% 
    by weight
    Poly butylene glycol terephthalate 
    (COC6H4COOCH2CH2CH2CH2O)n: 40% by 
    weight
    
    * * * * *
        Assuming that poly(tetramethylene ether) glycol is considered a 
    part of glycol components, then Applicant's fiber is somewhat 
    similar to polyester. Nonetheless, Applicant's fiber is not 
    ``composed of at least 85% by weight of an ester of a substituted 
    aromatic carboxylic acid'' since poly tetramethylene ether is only 
    60%. Thus Applicant's fiber manufactured from poly tetramethylene 
    ether/poly butylene glycol terephthalate copolymer does not fall 
    under the Commission's definition of polyester fiber found in 16 CFR 
    303.7(c).
    * * * * *
        The physical and chemical characteristics of Applicant's fiber. 
    . .are distinctively different from the characteristics of those 
    fibers identified by generic names listed in 16 CFR 303.7.
        The physical properties of Applicant's fiber are shown in [the 
    following Table:]
    
    ------------------------------------------------------------------------
                                            Applicant's  Polyester   Spandex
                                               fiber       fiber      fiber 
    ------------------------------------------------------------------------
    Tenacity (g/de).......................         1.0     3.0-5.0   0.6-1.2
    Elongation (%)........................         650       20-40   450-800
    Elastic recovery (%) 200% extension...          78       Break        90
    ------------------------------------------------------------------------
    
        As shown in the table, physical properties of Applicant's fiber 
    are quite different from those of polyester but similar to those of 
    the spandex fiber.
    * * * * *
        Applicant provides additional information, specifically 
    technical data, which may be pertinent to this application. Typical 
    properties of Applicant's fiber manufactured from poly 
    tetramethylene ether/poly butylene glycol terephthalate copolymer 
    include:
    
    1. Physical Properties
    
    Melting point..............................  180-210 C                  
    Specific gravity...........................  1.1-1.2                    
    Tenacity...................................  1.0 g/de                   
    Elongation.................................  650%                       
    Elastic recovery...........................  78%                        
    Boiling water shrinkage....................  14%                        
                                                                            
    
    2. Resistance to Chemicals
    
                         Solubility at room temperature                     
    70% H2SO4.................................  Insoluble for 3 minutes.    
    20% HCL...................................      Do.                     
    Conc. HNO3................................      Do.                     
    Acetic Acid...............................      Do.                     
    5% NaOH...................................      Do.                     
    Acetone...................................      Do.                     
    Toluene...................................      Do.                     
    Ethyl acetate.............................      Do.                     
    Methyl alcohol............................      Do.                     
    Chloroform................................  Soluble.                    
    m-Cresol..................................      Do.                     
                        Solubility at boiling temperature                   
    Dioxane...................................  Soluble.                    
    Xylene....................................      Do.                     
    Nitrobenzene..............................      Do.                     
    Chlorobenzene.............................      Do.                     
    Dimethylformamide.........................      Do.                     
                                                                            
    
    
        Additionally, information submitted by Teijin indicates that, 
    relative to spandex, REXE has the ability to withstand high 
    temperatures when wet. This is particularly important with respect to 
    dyeing. Teijin further states that REXE's tolerance of high temperature 
    will allow the development of elastic fabrics with many of the 
    properties of polyester. For example, fabrics made of REXE and 
    polyester should have excellent washability. Finally, fabrics made of 
    REXE and polyester are, according to Teijin, less discolored or 
    adversely affected by chlorine than, for example, swimming suits made 
    of nylon and spandex.
    
    III. Suggested Generic Names
    
        Applicant suggests the following generic names, in descending order 
    of preference, for its new fiber:
    
    1. ``Polyetherester''
    2. ``Elastoester''
    
    [[Page 35994]]
    
    3. ``Estelast''
    
    IV. Proposed Definition
    
        The Commission proposes the following definition for Teijin's new 
    fiber:
        A manufactured fiber in which the fiber-forming substance is a 
    long-chain synthetic polymer composed of at least 50% by weight of 
    aliphatic polyether and at least 35% by weight of polyester, as defined 
    in 16 CFR 303.7(c).
    
    V. Invitation to Comment
    
        The Commission is soliciting comment on Teijin's application 
    generally, but is especially interested in comments on whether the 
    application meets the following criteria, which the Commission has 
    identified as grounds for granting applications for new generic names:
    
        [T]he Commission, in the interest of elucidating the grounds on 
    which it has based this decision and shall base future decisions as 
    to the grant of generic names for textile fibers, sets out the 
    following criteria for grant of such generic names.
        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.
        The Commission believes it is in the public interest to prevent 
    the proliferation of generic names, and will adhere to a stringent 
    application of the above-mentioned criteria in consideration of any 
    future applications for generic names and in a systematic review of 
    any generic names previously granted which no longer meet these 
    criteria.
    * * * * *
        In addition, [the Commission] notes that where appropriate, in 
    considering applications for new generic names for fibers that are 
    of the same general chemical composition as those for which a 
    generic name already has been established, rather than of a chemical 
    composition that is radically different, but that have distinctive 
    properties of importance to the general public as a result of a new 
    method of manufacture of their substantially differentiated physical 
    characteristics, such as their fiber structure, it may allow such 
    fiber to be designated in required information disclosures by either 
    its generic name, or alternatively, by its ``subclass'' name. The 
    Commission will consider this disposition when the distinctive 
    feature or features of the subclass fiber make it suitable for uses 
    for which other fibers under the established generic name would not 
    be suited or would be significantly less well suited.
    
    60 FR 62352, 62353 (Dec. 6, 1995) (reaffirming and clarifying criteria 
    first announced at 38 FR 34114 (Nov. 12, 1973)).
        The Commission additionally requests comments on the suggested 
    names and proposed definition, set out above.
        Before deciding whether to amend Rule 7, the Commission will 
    consider any written 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 
    Regulation, 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 & Pennsylvania Avenue, N.W., Washington, D.C. 
    20580.
    
    VI. 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 would simply 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, however, that no substantial economic impact is being 
    overlooked, public comment is requested on the effect of the proposed 
    amendment on costs, profits, and competitiveness of, and employment in 
    small entities. Subsequent to the receipt of public comments, the 
    Commission will decide whether the preparation of a final regulatory 
    flexibility analysis is warranted. Accordingly, based on available 
    information, the Commission hereby 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.
    
    VII. 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 part 1320).
        The collection of information imposed by the procedures for 
    establishing generic names (Rule 8, 16 CFR 303.8) has been submitted to 
    OMB and has been assigned a control number of 3084-0101.
    
    List of Subjects in 16 CFR Part 303
    
        Labeling, Textile, Trade practices.
        Authority: Sec. 7(c) of the Textile Fiber Products 
    Identification Act (15 U.S.C. 70e(c)).
        By direction of the Commission.
    Donald S. Clark,
    Secretary.
    [FR Doc. 96-17468 Filed 7-8-96; 8:45 am]
    BILLING CODE 6750-01-M
    
    
    

Document Information

Published:
07/09/1996
Department:
Federal Trade Commission
Entry Type:
Proposed Rule
Action:
Notice of proposed rulemaking.
Document Number:
96-17468
Dates:
Written comments will be accepted through September 9, 1996.
Pages:
35992-35994 (3 pages)
PDF File:
96-17468.pdf
CFR: (1)
16 CFR 303