[Federal Register Volume 65, Number 223 (Friday, November 17, 2000)]
[Proposed Rules]
[Pages 69486-69492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29468]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 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.
 
 ========================================================================
 

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

[[Page 69486]]



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, [email protected]>>.

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

    \1\ This 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>.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \2\ The 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.

    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:

[[Page 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:
[GRAPHIC] [TIFF OMITTED] TP17NO00.000

    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:
[GRAPHIC] [TIFF OMITTED] TP17NO00.001

    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.

[[Page 69488]]

[GRAPHIC] [TIFF OMITTED] TP17NO00.002

    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 ( deg.C).....................  215-220          -320  deg.C      254-260          130-175          None         None         None         None
                                                    (Degrades)
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 ()......  70               Not Measured     82               76
Wicking (L-W slope; higher                         Not Measured     0.7-0.8 (no      6.3-7.5 (no
 slope, more wicking.                                                finish)          finish); 19-26
                                                                                      (with finish)
Heat of Combustion (MJ/kg)......  31               31               23               19               17           17                        21

[[Page 69489]]

 
Flammability....................  Medium smoke;    Moderate         High smoke;      Low smoke;       Burns        Burns        Burns        Burns
                                   melts            flammability;    burns 6 min      burns 2 min                                             slowly;
                                                    melts            after flame      after flame                                             self-
                                                                     removed          removed                                                 extinguish
                                                                                                                                              ing
LOI (%).........................  20-24            18               20-22            26               17-19        16-17                     24-25
UV resistance...................  Poor             Excellent        % Change in      % Change in      Poor         Fair-Poor    Fair-Poor    Fair
                                                                     Elong. at        Elong. at
                                                                     Peak=30 (100     Peak=0 (100
                                                                     hrs. xenon       hrs. xenon
                                                                     arc)             arc)
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:

[[Page 69490]]

[GRAPHIC] [TIFF OMITTED] TP17NO00.003


[[Page 69491]]


    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:
[GRAPHIC] [TIFF OMITTED] TP17NO00.004

    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\
---------------------------------------------------------------------------

    \3\ Cargill 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/
BASF__Dye__Study.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.
---------------------------------------------------------------------------

    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

[[Page 69492]]

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