[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