[Federal Register Volume 63, Number 3 (Tuesday, January 6, 1998)]
[Proposed Rules]
[Pages 449-451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-100]


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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: 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 BASF Corporation (``BASF''), of 
Mt. Olive, New Jersey. BASF requested that the Commission establish the 
name ``melamine'' for the fiber, which it designates by the registered 
name ``Basofil.''

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--P974228.''

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 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 for synthetic 
fibers. Rule 8 (16 CFR 303.8) sets forth the procedures for 
establishing new generic names.
    BASF submitted its application in this matter to the Commission on 
March 22, 1996. Since then, BASF has submitted additional information 
at the request of the Commission's staff. The application and related 
materials have been 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.
    After an initial analysis, on June 25, 1996, the Commission issued 
BASF the designation ``BC 0001'' for temporary use in identifying 
Basofil, pending a final determination as to the merits of the 
application for a new generic name.

II. Chemical composition and Physical and Chemical Properties of 
BASF's Fiber

    In its petition and other materials, BASF described Basofil as a 
fiber that, because of its unique melamine-formaldehyde chemistry, is 
especially suited for applications in which heat and flame resistance 
are needed. BASF intends the fiber to be used in the manufacture of 
heat- and flame-resistant textile products, like fire-blocking fabrics, 
gloves and aprons and other protective apparel, and filters for use in 
high-temperature applications. BASF described Basofil chemically as 
follows:

    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 linked structure containing methylene links, such 
as (Melamine-NH-CH<INF>2</INF>-NH-Melamine) and dimethylene ether 
links such as (Melamine-NH-CH<INF>2</INF>-O-CH<INF>2</INF>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

[[Page 450]]

equipment for the production of woven, knitted, and nonwoven fabrics.
    BASF 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. BASF provided the following table to 
describe the most important physical properties of Basofil:

------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
Fiber Denier, nominal.....................  2.5, variable.              
Staple Length, nominal....................  2 inch, variable.           
Density...................................  1.4 g/cm\3\.                
Tenacity, nominal.........................  1.8 g/denier.               
Elongation at Break, nominal..............  12%.                        
Moisture Regain, @23 deg.C & 65% RH.......  5%.                         
Limiting Oxygen Index (LOI)...............  32.                         
Continuous Use Temperature................  200 deg.C (392 deg.F)       
Maximum Use Temperature...................  260 deg.C-370 deg.C (500    
                                             deg.F-698 deg.F).          
Hot Air Shrinkage, 1 hr @ 200 deg.C(392     <1%.                        
 deg.F).                                                                
------------------------------------------------------------------------

    BASF tested an 18 oz/yd\2\ woven Basofil fabric sample for tensile 
strength and elongation at break, after a 12-hour exposure in water at 
room temperature and reconditioned in dry air, in accordance with 
European test method DIN 53 857 using samples 50 mm wide and an 
extension rate of 100 mm/min. The results indicated that there was 
little effect on tensile properties (breaking strength @ 225 lbs. dry 
and 214 lbs. after immersion: breaking elongation @ 20% for both).
    BASF evaluated the chemical resistance of the same Basofil fabric 
in various solvents, acides and basis. The fabric was exposed to the 
test medium for 28 days at room temperature and then washed and tested 
wet to measure tensile strength loss after exposure. The results showed 
that Basofil fiber is resistant to many solvents and to hydrolysis, is 
extremely resistant to alkalis and has some resistance to acids.
    BASF exposed fabric samples to elevated temperatures and then 
tested them at room temperature for breaking strength. The results 
indicated minimal change in tensile properties. BASF also directly 
measured the tensile strength at temperatures up to 200 deg.C. The 
fabric was treated for one hour at the test temperature and measured 
for tensile strength. Again, the results showed little change in 
tensile strength.
    BASF conducted several tests of Basofil fabric samples to evaluate 
flammability, ignitability, flame spread, the secondary effects of fire 
and heat release, and smoke toxicity. BASF tested a sample of 18 oz/
yd\2\ woven Basofil fabric in accordance with ASTM E662-79/BSS 7239 and 
analyzed smoke and gas samples taken four minutes after the onset of 
smoldering. The results showed that Basofil fiber was well under 
Federal Aviation Administration requirements (important because an 
early use of Basofil was as a fire-retardant material in airplanes). 
The specific optical density of the smoke, according to the test, was 
25 (D<INF>S</INF>) after 4 minutes flaming. A D<INF>S</INF> value less 
than 200 is required to pass FAA standards. BASF's results of a 12-
second vertical flame test (according to Federal Aviation Regulation 
25.853/FTM 191-5903) showed that Basofil fabric also meets FAA 
requirements in this regard. BASF measured the Thermal Protective 
Performance (TPP) of the same Basofill fabric, according to NFPA 1971. 
The results were a single fabric layer TPP of 27 at a heat flux of 2 
cal/cm\2\-sec.
    In additional materials, BASF provided the Commission with infrared 
spectrum information, x-ray diffraction results, and fiber and fabric 
samples.

III. Invitation To Comment

    The Commission is soliciting comment on BASF's application 
generally, and on whether the application meets the criteria (discussed 
below) that the Commission first announced at 38 FR 34112 (Dec. 11, 
1973) as grounds for the granting of petitions for new generic names, 
and later clarified and reaffirmed on December 6, 1995, 60 FR 62353, 
and again on May 23, 1997, 62 FR 28343. BASF has contended that its 
petition meets these criteria.

    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.

    According to BASF, the Basofil fiber is based upon unique melamine 
chemistry that tresults in a fiber with significant heat and flame 
resistance. BASF asserted that the granting of a generic name and 
definition for Basofil is necessary to enable consumers seeking high 
heat and flame resistance to identify those textile fiber products 
containing Basofil.

    Second Criterion: The fiber must be in active commercial use or 
such use must be immediately foreseen.

    BASF stated that it has begun to import Basofil fiber and to market 
the fiber to potential end users. At the time of 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 the Commission that the plant is currently operational.

    Third Criterion: The granting of the generic name must be of 
importance to the consuming public at large, rather than a small 
group of knowledgeable professionals such as purchasing officers for 
large Government agencies.

    BASF argued that, because of the importance of heat and flame 
resistance to many fiber products, both industrial and consumer, the 
Commission's granting of the generic name is of importance to the 
general public.
    The Commission also requests comments on the appropriateness of the 
fiber name definition proposed by BASF. Maintaining that the key to 
Basofil chemistry is the melamine-aldehyde cross-linkage, BASF proposed 
the generic name ``melamine,'' with the following corresponding 
definition:

    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.

    BASF 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 aids, fillers, flame retardants, heat 
or light stabilizers, optical modifiers, etc. BASF provided an example 
of such a formulation:

50% melamine fiber
5% pigment
5% pigment dispersing aid
15% flame retardant
5% light or heat stabilizer
20% organic filler

    BASF continued:

    Original fiber properties could change in some cases. For 
example, initial tenacity and elongation may drop. In other cases, 
original properties may not change, but fastness properties may 
improve, as, for example, with the addition of a stabilizer. In 
other instances, the change may only be in appearance, as with the 
addition of a pigment.

    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

[[Page 451]]

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 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 proposed 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. 70e(c) et seq.

    2. It is proposed that a new paragraph (w) be added to Sec. 303.7, 
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.

    By direction of the Commission.
Benjamin I. Berman,
Acting Secretary.
[FR Doc. 98-100 Filed 2-5-98; 8:45 am]
BILLING CODE 6750-01-M