This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

69486

Vol. 65, No. 223

Friday, November 17, 2000

1This petition and additional information that

Cargill Dow submitted are on the rulemaking record

of this proceeding. This material, as well as any

comments that are filed in this proceeding, will be

available for public inspection in accordance with

the Freedom of Information Act, 5 U.S.C. 552, and

the Commission’s Rules of Practice, 16 CFR 4.11,

at the Consumer Response Center, Public Reference

Section, Room 130, Federal Trade Commission, 600

Pennsylvania Avenue, NW., Washington, DC. Any

comments that are filed will be found under the

Rules and Regulations Under the Textile Fiber

Products Identification Act, 16 CFR Part 303, Matter

No. P948404, ‘‘Cargill Dow Generic Fiber Petition

Rulemaking.’’ The comments also may be viewed in

electronic form on the Commission’s website at

<www.ftc.gov>.

2The Commission first announced these criteria

on Dec. 11, 1973, at 38 FR 34112, and later clarified

and reaffirmed on Dec. 6, 1995, 60 FR 62353, on

May 23, 1997, 62 FR 28343, and on Jan. 6, 1998,

63 FR 447 and 63 FR 449.

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.

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 (‘‘Textile Rules,’’ 16 CFR 303.7) to

designate a new generic fiber name and

establish a new generic fiber definition

for a fiber manufactured by Cargill Dow,

LLC (‘‘Cargill Dow’’), of Minnetonka,

Minnesota. Cargill Dow suggested the

name ‘‘synterra’’ for the fiber, which it

described as polylactic acid or

polylactide, and referred to as ‘‘PLA.’’

DATES: Comments will be accepted

through January 29, 2001.

ADDRESSES: Comments should be

submitted to: Office of the Secretary,

Federal Trade Commission, Room 159,

600 Pennsylvania Ave., NW.,

Washington, DC 20580. Comments

should be identified as ‘‘16 CFR Part

303—Textile Rule 8 Comment—

P948404.’’

FOR FURTHER INFORMATION CONTACT:

James G. Mills, Attorney, Division of

Enforcement, Federal Trade

Commission, Washington, DC 20580;

(202) 326–3035, FAX: (202) 326–2190,

<<jmills@ftc.gov>>.

SUPPLEMENTARY INFORMATION:

I. Background

Rule 6 of the 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 fiber content on labels. 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)

describes the procedures for

establishing new generic names.

Cargill Dow applied to the

Commission on August 28, 2000 for a

new fiber name and definition.1 It stated

that PLA fibers are synthetic but are

derived from natural renewable

resources (agricultural crops such as

corn). It maintained that PLA can

combine certain advantages of natural

fibers with those of certain synthetic

fibers. Cargill Dow said that, although it

does not itself currently produce

products made from NatureworksTM

PLA fiber (the PLA fiber it currently

manufactures), it does contract with

others for the production of the fiber

and sells the fiber to end users. Cargill

Dow contended that its proprietary

NatureworksTM PLA fiber, and PLA that

may be made using alternative

processes, have unique properties that,

along with PLA’s unique fundamental

chemistry, differentiate PLA fibers from

all other recognized and listed synthetic

or natural fibers.

Cargill Dow explained that PLA’s

fundamental polymer chemistry allows

control of certain fiber properties and

makes the fiber suitable for a wide

variety of technical textile fiber

applications, especially apparel and

performance apparel applications. Of

most significance to consumers, Cargill

Dow maintained, is that PLA fibers

exhibit: (1) Low moisture absorption

and high wicking, offering benefits for

sports and performance apparel and

products; (2) low flammability and

smoke generation; (3) high resistance to

ultra violet (UV) light, a benefit for

performance apparel as well as outdoor

furniture and furnishings applications;

(4) a low index of refraction, which

provides excellent color characteristics;

and, (5) lower specific gravity, making

PLA lighter in weight than other fibers.

In addition to coming from an annually

renewable resource base, it stated, PLA

fibers are readily melt-spun, offering

manufacturing advantages that will

result in greater consumer choice.

Contending that the unique chemistry

of fibers made from PLA is inadequately

described under existing generic names

listed in 16 CFR Part 303.7, Cargill Dow

petitioned the Commission to establish

the generic name ‘‘synterra.’’ After an

initial analysis, the Commission

announced, on October 30, 2000, that it

had issued Cargill Dow the designation

‘‘CD 0001’’ for temporary use in

identifying PLA fiber pending a final

determination as to the merits of the

application for a new generic name and

definition. A final determination will be

based on whether the record in this

proceeding indicates that Cargill Dow

meets the Commission’s criteria for

issuing new fiber names and definitions,

as described in Part II, below.

II. Invitation To Comment

The Commission is soliciting

comment on Cargill Dow’s application

generally, and on whether the

application meets the Commission’s

criteria for granting applications for new

generic names.2

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 notes that the repeat

units of PLA are linked by ester groups,

which means that PLA fiber is a

polyester. The Commission agrees with

the petitioner, however, that PLA fiber

does not fit into the current definition

for polyester in Rule 7. The Commission

is considering three approaches to

resolve this situation, and requests

comment from the public on the relative

merits of each:

Federal Register / Vol. 65, No. 223 / Friday, November 17, 2000 / Proposed Rules 69487

1. Amend the Rule to broaden the

current definition for polyester in

section 7(c) of the Rule to include PLA

fiber;

2. Amend the current definition for

polyester in section 7(c) of the Rule by

creating a separate subcategory and

definition for PLA fiber within the

polyester category; or,

3. Amend the Rule to create a new,

separate category in Rule 7 for PLA

fiber.

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.

III. Cargill Dow’s Petition

A. Chemical Composition and Physical

and Chemical Properties of PLA Fiber

In its petition, Cargill Dow described

in detail the fiber PLA. The following

description from the petition is

substantially verbatim:

1. Synterra fibers are typically made using

lactic acid as the starting material for

polymer manufacture. This is unique in that

lactic acid comes from fermenting various

sources of natural sugars. These sugars can

come from a variety of annually renewable

agricultural crops such as corn or sugar beets.

2. PLA used to make the fiber can be

polylactic acid or polylactide. Although the

lactide intermediate route, used by Cargill

Dow, has proven most effective, direct

condensation of lactic acid will also result in

PLA. The latter route, however, results in a

lower molecular weight polymer. Both routes

allow for the development of PLA fibers that

offer advantages to consumers explained

more fully below (although the process used

by CDP usually does so more readily), and

are shown below:

3. PLA is also unique in that the lactic acid

monomer exists in two optically active forms.

Use of the lactide intermediate route results

in three different lactide forms. These forms

include D-lactide, L-lactide, or meso-lactide:

4. These different monomers, when

polymerized, dictate the crystalline nature of

the polymer. By controlling the ratio of D

units in the polymer through polymerizing

more D-lactide or meso-lactide, the amount

of crystallinity the polymer is capable of

being varied from a very high amount to

none. As would be expected, this results in

polymers with distinctly different properties.

By controlling the level of the ‘‘D’’ units in

the polymer chain, the resulting polymer and

fiber melt temperature can be varied in the

semi-crystalline polymers. For instance, the

following graph gives the fiber peak

crystalline melt temperatures for a range of

different percent D polymers that were

mechanically spun and drawn.

69488 Federal Register / Vol. 65, No. 223 / Friday, November 17, 2000 / Proposed Rules

5. As a naturally-derived but synthetic

product, synterra fibers exhibit properties

some of which are similar to and some of

which are different from many of the fibers

commercially available today, including the

various types of polyesters, nylons, acrylics

and naturally occurring fibers such as cotton,

wool, silk and rayon. See the table below,

which compares several properties of fibers

and fabrics against PLA. Importantly, the

unique chemistry of PLA results in physical

property differences such that existing fiber

definitions do not fully or exactly describe

PLA. Of likely significance to consumers is

that PLA fibers are derived from a fully

renewable natural resource, but offer many

key advantages of synthetic fabrics as well.

Fiber property Nylon 6 Acrylic PET PLA Rayon Cotton Silk Wool

Specific Gravity .......... 1.14 1.18 1.39 1.25 1.52 1.52 1.34 1.31

Tm (°C) ...................... 215–220 ¥320 °C (Degrades)254–260 130–175 None None None None

Tenacity (g/d) ............. 5.5 4.0 6.0 6.0 2.5 4.0 4.0 1.6

Elastic Recovery (5%

strain).

89 50 65 93 32 52 52 69

Moisture regain (%) ... 4.1 1–2 0.2–0.4 0.4–0.6 11 7.5 10 14–18

Contact Angle (θ) ....... 70 Not Measured 82 76

Wicking (L–W slope;

higher slope, more

wicking.

Not Measured 0.7–0.8 (no

finish)

6.3–7.5 (no

finish); 19–

26 (with finish)

Heat of Combustion

(MJ/kg).

31 31 23 19 17 17 21

Federal Register / Vol. 65, No. 223 / Friday, November 17, 2000 / Proposed Rules 69489

Fiber property Nylon 6 Acrylic PET PLA Rayon Cotton Silk Wool

Flammability ............... Medium

smoke;

melts

Moderate flammability;

melts

High smoke;

burns 6 min

after flame

removed

Low smoke;

burns 2 min

after flame

removed

Burns Burns Burns Burns

slowly;

self-extinguishing

LOI (%) ...................... 20–24 18 20–22 26 17–19 16–17 24–25

UV resistance ............ Poor Excellent % Change in

Elong. at

Peak=30

(100 hrs.

xenon arc)

% Change in

Elong. at

Peak=0 (100

hrs. xenon

arc)

Poor Fair–Poor Fair–Poor Fair

Refractive Index ......... 1.52 1.50 1.54 1.45 1.52 1.53 1.54 1.54

For consumers, the interaction of PLA with

water, including moisture regain, wicking

and contact angle, another measure of

interaction with moisture, is likely to be

significant. PLA exhibits low moisture

absorption (0.4–0.6% moisture regain),

similar to polyester, but lower than nylon,

acrylic and natural fibers. At the same time,

the rate of wicking is higher than other fibers

like PET, with a Lucas-Washburn slope of

6.3–7.5 for PLA, versus 0.7–0.8 for PET.

For applications in apparel, but especially

in furnishings, PLA’s favorable combustion

characteristics, including low smoke

generation and LOI attributes, offer

advantages to consumers. PLA polymer is an

aliphatic chain, and thus burns cleanly, with

only a small amount of faint, white smoke,

as testing on PLA fibers demonstrates, per the

table above. This means that in applications

where especially stringent fire performance

characteristics are required (necessitating fire

retardant treatment even with PLA), reduced

amounts of fire retardants will likely be

needed relative to other fibers. This is an

added environmental benefit.

Also, the unique modulus of PLA fiber

allows fabrics to be made which are stiffer

and more shape retaining than nylon, but

softer, with better drape and hand than

polyester. Furthermore, NatureworksTM PLA

fibers exhibit a unique index of refraction,

which may allow very lustrous fabrics to be

made and dyed with very deep color.

Excellent resistance to UV light is another

significant differentiating property, as is

elastic recovery, which is considerably

higher than most other fibers.

6. PLA can be processed on conventional

fiber equipment. PLA fibers have been

manufactured and used in continuous

filament, staple, and several nonwoven

processes, as well as via new technologies

such as high speed spinning and microdenier

fibers. High speed spinning can be used to

produce lower denier fibers and to produce

more fiber per unit time, increasing

productivity, which should ultimately offer

economic benefits to consumers. Lower

deniers and microdenier technologies have

been increasing in apparel markets to give

better hand and softer feel. Because of the

unique properties of fibers made from

NatureworksTM PLA, these fibers can and are

being used in a broad range of applications.

Sports and performance apparel, fashion

apparel and general apparel, technical

textiles, along with nonwovens are

applications that best utilize the unique

properties described above.

Cargill Dow also provided additional

information about the launderability

and drycleanability of PLA fiber, which

appears in detail on the public record,

relevant parts of which appear

substantially verbatim as follows:

69490 Federal Register / Vol. 65, No. 223 / Friday, November 17, 2000 / Proposed Rules

Federal Register / Vol. 65, No. 223 / Friday, November 17, 2000 / Proposed Rules 69491

3Cargill Dow did not evaluate wash or dry clean

color fastness in either of the tests above. However,

Cargill Dow stated that BASF has been developing

the dyeing process, using disperse dyes on PLA. As

part of its work, BASF studied colorfastness in

washing. This information can be obtained from

Cargill Dow’s website, at the following address:

<<http://www.cdpoly.com/images/

BASFlDyelStudy.pdf>> Basically, BASF has

identified dye combinations which give standard

and high colorfastness to washing with fabrics

made from these fibers. The launderability of PLA

fibers was also examined (among other qualities) in

a study by James Lunt, Ph.D., and Andrew L.

Shafer, at Cargill Dow Polymers, LLC, entitled

Polylactic Acid Polymers from Corn; Potential

Applications in the Textiles Industry (also available

at Cargill Dow’s website.

To verify that the initial dimensional

change was due to not being heat set,

Cargill Dow repeated the testing with an

interlocking knit fabric, made from Flat

Drawn Yarn which was heat set and

dyed, prior to testing. Results were as

contained in the figure, below:

The results suggest that fabrics made

with fibers from PLA are very stable to

laundering and drycleaning. The fabrics

exhibited very little shrinkage during

cleaning, since they were thermally

stable prior to testing.3

In addition to suggesting the generic

name ‘‘synterra,’’ Cargill Down

proposed the following definition for

PLA fiber.

synterra: A manufactured fiber in which

the polymer is produced either (a) by the

condensation of lactic acid or (b) by ring

opening of the cyclic dimer, lactide, in both

cases where at least 85% of the primary

component is derived from a renewable

resource as an integral part of the polymer

chain.

B. Commercial Uses of PLA

Addressing the extent to which its

fiber has been put into active

commercial use, Cargill Dow stated in

its petition:

Fibers produced from NatureworksTM PLA

have been made * * * into finished goods

that are ready to commercialize, and several

are in test markets. Cargill Dow is in the

process of building a second polymer plant

in Blair, Nebraska, capable of producing

140,000 Metric Tons, or approximately

30,000,000 pounds per year of PLA polymer.

Cargill Dow has customer commitments in

fiber applications to purchase or use a

significant portion of this polymer capacity,

and anticipates that 50% or more of the

plant’s capacity to be sold as fiber-grade

polymer. This plant is under construction

and is expected to be commissioned in the

fourth quarter of 2001.

C. Importance of New Generic Name to

the Public

Cargill Dow argued that granting the

petition would facilitate the use of this

fiber in commercial consumer

applications. It also stated that a new

generic term (like synterra) would help

consumers identify products made from

PLA. Thus, Cargill Dow maintained that

a new generic name would be important

to the public at large, not just

knowledgeable professionals.

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

69492 Federal Register / Vol. 65, No. 223 / Friday, November 17, 2000 / Proposed Rules

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 will respect to the

proposed amendment because the

amendment would impose no

additional obligations, penalties or

costs. Ten amendments simply would

allow covered companies to use a new

generic name for a new fiber that may

not appropriately fit within current

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 (PL 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.

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. 00–29468 Filed 11–16–00; 8:45 am]

BILLING CODE 6750–01–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 635

[Docket No. 001113318-0318-01; I.D.

110200D]

RIN 0648-AO75

Atlantic Highly Migratory Species

Fisheries; Atlantic Bluefin Tuna

Incidental Catch

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Advance notice of proposed

rulemaking (ANPR); request for

comments.

SUMMARY: NMFS intends to undertake

rulemaking to reduce the level of

Atlantic bluefin tuna (BFT) that is

discarded dead by vessels in the pelagic

longline fishery, and issues this ANPR

to request comments on potential

changes to the Atlantic tuna regulations

that could reduce the level of dead

discards of BFT including the

adjustment of target catch requirements

for landing incidental catch. The level

of allowed discards needs to be reduced

in order to decrease the waste of

valuable bycatch.

DATES: Written comments on this ANPR

must be received on or before December

14, 2000.

ADDRESSES: Written comments should

be addressed to Christopher Rogers,

Acting Chief, Highly Migratory Species

Management Division (F/SF1), National

Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD

20910.

FOR FURTHER INFORMATION CONTACT: Brad

McHale or Pat Scida, 978-281-9260.

SUPPLEMENTARY INFORMATION: The

Atlantic pelagic longline fishery, which

commonly targets swordfish, sharks,

and yellowfin and bigeye tunas, also

occasionally catches BFT incidental to

these other fisheries. Because the U.S.

longline fleet has not historically

targeted BFT, the portion of the U.S.

national BFT quota allocated to the

longline category has always been

intended to account for incidental catch

only. Accordingly, under current BFT

regulations, vessels permitted in the

Atlantic Tunas Longline category are

permitted to retain and land BFT caught

with pelagic longline gear only if a

specific minimum level of other fish

species are landed from the same trip.

While the regulations pertaining to

landing incidental BFT catch have been

adjusted on several occasions, the

pelagic longline industry continues to

comment that the target catch

requirements are overly restrictive and

result in unnecessary dead discards.

Background

The history of U.S. regulatory activity

and public comment regarding this

issue dates back to the early 1980’s. A

full description of this history is

provided in the Fishery Management

Plan for Atlantic Tunas, Swordfish, and

Sharks (HMS FMP) chapter 3, section

3.5.3 ‘‘Management Measures to

Address Bycatch Problems.’’

In 1998, the International Commission

for the Conservation of Atlantic Tunas

(ICCAT), in its recommendation on

western BFT rebuilding, required that

nations minimize dead discards of BFT

to the extent practicable and established

a dead discard allowance of 79 metric

tons (mt) for western BFT, 68 mt of

which was allocated to the United

States. The 1998 ICCAT

recommendation also provided that, if a

nation exceeds its dead discard

allowance in one year, that nation must

deduct the excess from its following

year’s landing quota. If the actual

amount of dead discards is less than the

allowance, one-half of the difference

may be added to the allocation of catch

that can be retained. Dead discards of

BFT are reported to ICCAT by NMFS,

along with landings data, and are

summarized in the U.S. National Report

to ICCAT.

The final rule that implemented the

HMS FMP addressed the dead discard

issue by establishing a time/area closure

for the use of pelagic longline gear in

the Northwestern Atlantic from 39° to

40° N. lat. and 68° to 74° W. long.

during the month of June. This closed

area was chosen to meet the goal of

minimizing BFT dead discards while

having the least economic impact on the

directed pelagic longline fisheries. Since

NMFS first implemented BFT incidental

catch regulations, the agency has

received public comment and inquiries

regarding the target catch requirements

to retain incidental catch of BFT and the

effectiveness of the regulations in

avoiding dead discards. These

comments have continued after the

publication of the HMS FMP.

Potential Adjustments

Several reviews of landings, logbook,

and observer data have been conducted

in recent years regarding the pelagic

longline fisheries interaction with BFT.

Observer data from longline trips (from

1991 to 1994) indicate that two or fewer

BFT were hooked on 91 percent of all