[Federal Register Volume 63, Number 3 (Tuesday, January 6, 1998)]
[Proposed Rules]
[Pages 447-449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-101]


=======================================================================
-----------------------------------------------------------------------

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.                     
------------------------------------------------------------------------

[[Page 448]]

                                                                        
                           Thermal Properties                           
------------------------------------------------------------------------
Shrinkage after 30 minutes, %:                                          
    In water at 212 deg.F (100 deg.C)........  2.5.                     
    In air at 350 deg.F (177 deg.C)..........  6.0.                     
Specific heat, cal/g. deg.C(J/kg.K)..........  0.25 (1.050).            
Thermal conductivity, BTU/h.ft.\2\. deg.F for  1.7 (3.8).               
 1'' of thickness (W/m\2\.K for 1 cm of                                 
 thickness).                                                            
Zero strength temperature**,  deg.F ( deg.C).  590 (310).               
Gel temperature,  deg.F ( deg.C).............  621 (327).               
Sublimation rate, % weight loss/hour:                                   
    At 554 deg.F (290 deg.C).................  0.0002.                  
    At 806 deg.F (430 deg.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 deg.F (21 deg.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 deg.F 
(299 deg.C).
    DuPont also stated that the maximum temperature to which Teflon 
PTFE fluorocarbon fiber can be exposed for long periods is 550 deg.F 
(288 deg.C), but that the fiber can tolerate brief exposures to 
temperatures as high as 600 deg.F (316 deg.C). DuPont asserted that 
continuous exposure to temperatures below 400 deg.F (204 deg.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 deg.F 
(-268 deg.C) and as high as 550 deg.F (288 deg.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 yarn-breaking 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 well-established 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

[[Page 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 Sec. 303.7, 
to read as follows:


Sec. 303.7  Generic names and definitions for manufactured fibers.

    (x) Fluoropolymer. A manufactured fiber containing at least 95% of 
a long-chain 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