Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Proposed Rules 447

deniselc.coleman@usda.gov,

Attention: State Technical Committee.

Signed in Washington, D.C. on December

30, 1997.

Thomas A. Weber,

Acting Chief, Natural Resources Conservation

Service.

[FR Doc. 98–222 Filed 1–5–98; 8:45 am]

BILLING CODE 3410–16–P

FEDERAL TRADE COMMISSION

16 CFR Part 303

Rule 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 (16 CFR 303.7) to designate a new

generic fiber name and establish a new

generic fiber definition for a fiber

manufactured by DuPont Advanced

Fiber Systems (‘‘DuPont’’), of

Wilmington, Delaware. The Commission

is proposing the name ‘‘fluoropolymer’’

for the fiber, which DuPont designates

by the registered name ‘‘Teflon.’’

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—

P974227.’’

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 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.

DuPont submitted its application in

this matter to the Commission on March

22, 1996, and has provided the

Commission with additional

information, which has been placed on

the rulemaking record. DuPont stated

that it has manufactured a fiber known

as ‘‘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 because none of

the current generic fiber definitions in

Rule 7 of the Textile Rules is

appropriate for Teflon fiber.

After an initial analysis, on June 25,

1996, the Commission announced that it

has issued DuPont the designation ‘‘DP

0001’’ for temporary use in identifying

Teflon PTFE fluorocarbon fiber pending

a final determinations as to the merits

of the application for a new generic

name and definition.

II. Chemical Composition and Physical

and Chemical Properties of Teflon

PTFE Fluorocarbon Fiber

DuPont states that the name Teflon

PTFE fluorocarbon fiber can be used to

describe fibers made from the following

materials:

PTFE (CF2–CF2)n where ‘‘n’’ is the

degree of polymerization, usually

around 50,000

FEP (CF2–CF2)n(CF{CF3}–CF2)m

PFA (CF2–CF2)n(CF{ORf}–CF2)m in

this case, Rf represents a

perfluorinated alkyl group bonded

to an ether oxygen, which hangs off

the chain.

DuPont described Teflon PTFE

fluorocarbon fiber generally as

inherently low friction, water-resistant,

flame-resistant, and low modulus (i.e.,

highly resistant to deformation). 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.

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

fluorocarbon 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.

Fibers of Teflon are processed to a higher

degree of molecular orientation than their

resin counterpart. Thus the stress-strain

properties and resistance to cold flow of the

fiber are markedly different from those of the

resin * * *. Other properties of the fibers

and resins are essentially identical.

DuPont summarized the stress-strain

and gross properties for unbleached

Teflon PTFE fluorocarbon fiber as

follows:

Yarn denier: filaments (dtex: filaments) 400–60 (440–60)

Stress-Strain Properties*

Straight Test:

Tensile strength, psi (MPa) ..................................................................................................................................................... 52,500 (359).

Breaking strength, lbs (N) ....................................................................................................................................................... 1.7 (7.6),

Breaking tenacity, g/den. (cN/tex) ........................................................................................................................................... 2.0 (18).

Elongation at break, % ............................................................................................................................................................ 19.

Initial modulus, g/den. (cN/tex) ............................................................................................................................................... 13.0 (115).

Loop Test:

Tensile strength, psi (Mpa) ..................................................................................................................................................... 31,000 (214).

Breaking strength, lbs (N) ....................................................................................................................................................... 1.8 (8.0).

Elongation at break, % ............................................................................................................................................................ 8.5.
448 Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Proposed Rules

Yarn denier: filaments (dtex: filaments) 400–60 (440–60)

Thermal Properties

Shrinkage after 30 minutes, %:

In water at 212°F (100°C) ....................................................................................................................................................... 2.5.

In air at 350°F (177°C) ............................................................................................................................................................ 6.0.

Specific heat, cal/g.°C(J/kg.K) ........................................................................................................................................................ 0.25 (1.050).

Thermal conductivity, BTU/h.ft.2.°F for 1′′ of thickness (W/m2.K for 1 cm of thickness) .............................................................. 1.7 (3.8).

Zero strength temperature**, °F (°C) ............................................................................................................................................. 590 (310).

Gel temperature, °F (°C) ................................................................................................................................................................ 621 (327).

Sublimation rate, % weight loss/hour:

At 554°F (290°C) ..................................................................................................................................................................... 0.0002.

At 806°F (430°C) ..................................................................................................................................................................... 1.5.

General Properties

Specific gravity ............................................................................................................................................................................... 2.1

Moisture regain, % .................................................................................................................................................................. 0.0

*Stress-strain properties were determined on an ‘‘Instron’’ tensile tester at 70°F (21°C), 65% R.H.

**Temperature at which the yarn breaks under a load of 0.1 g/den. (0.883 cN/tex).

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, being

inert to such reagents as boiling sulfuric

acid, fuming nitric acid, boiling aqua

regia (mixed sulfuric and nitric acids),

and boiling (saturated) sodium

hydroxide. In this connection, DuPont

added that the only known solvents for

Teflon fiber or resin are selected

perfluorinated organic liquids at

temperatures above 570°F (299°C).

DuPont also stated that the maximum

temperature to which Teflon PTFE

fluorocarbon fiber can be exposed for

long periods is 550°F (288°C), but that

the fiber can tolerate brief exposures to

temperatures as high as 600°F (316°C).

DuPont asserted that continuous

exposure to temperatures below 400°F

(204°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°F (¥268°C) and as high as 550°F

(288°C).

DuPont asserted that Teflon PTFE

fluorocarbon fiber has significant

sunlight and weather resistance,

reporting that continuous exposure of

the fiber to direct sunlight and weather

for three years in Florida resulted in

only a 2% measured loss in yarnbreaking strength.

III. Invitation To Comment

The Commission is soliciting

comment on DuPont’s application

generally, and on whether the

application meets the criteria first

announced by the Commission as

grounds for granting applications for

new generic names on Dec. 11, 1973, at

38 FR 34112, and later clarified and

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

and again on May 23, 1997, 62 FR

28343:

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 also requests

comments on the appropriateness of the

fiber name and definition proposed

below. The Commission is proposing

the generic name ‘‘fluoropolymer’’ for

DuPont’s fiber. DuPont suggested

‘‘fluoropolymer’’ so the fiber’s name

would be consistent with all other

products it sells under the brand name

‘‘Teflon,’’ and because the name

‘‘fluoropolymer’’ is already wellestablished in association with its

Teflon PTFE fluorocarbon fiber.

The Commission notes, however, that

a name has already been established for

this type of fiber by the International

Organization for Standardization

(‘‘ISO’’). The name—‘‘fluorofibre’’—is

for fibers composed of linear

macromolecules made from aliphatic

fluorocarbon monomers. The

Commission solicits comment,

therefore, on whether, in the interests of

international standardization of fiber

terminology, the ISO generic name

would be more appropriate than

DuPont’s suggested name

(‘‘fluoropolymer’’) to describe fibers

similar to DuPont’s Teflon PTFE

fluorocarbon fiber. Because the ISO

name—‘‘fluorofibre’’—is spelled with

the European spelling (‘‘-fibre’’), rather

than the U.S. spelling (‘‘-fiber’’), the

Commission solicits comment

specifically on the appropriateness of a

generic fiber name in Rule 7 that would

allow for the use of both versions:

‘‘fluorofiber or fluorofibre.’’

The Commission also is proposing the

following definition for the fiber, with

which DuPont is in agreement:

A manufactured fiber containing at least

95% of a long-chain polymer synthesized

from aliphatic fluorocarbon monomers.

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

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
Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Proposed Rules 449

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

proposes 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. 70 et seq.

2. It is proposed that a new paragraph

(x) be added to § 303.7, to read as

follows:

§ 303.7 Generic names and definitions for

manufactured fibers.

(x) Fluoropolymer. A manufactured

fiber containing at least 95% of a longchain polymer synthesized from

aliphatic fluorocarbon monomers.

By direction of the Commission.

Benjamin I. Berman,

Acting Secretary.

[FR Doc. 98–101 Filed 1–5–98; 8:45 am]

BILLING CODE 6750–01–M

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 (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 melamineformaldehyde 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–CH2–NH–Melamine)

and dimethylene ether links such as

(Melamine–NH–CH2–O–CH2NH–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