[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