[Federal Register Volume 85, Number 32 (Tuesday, February 18, 2020)]
[Proposed Rules]
[Pages 8781-8783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02759]



[[Page 8781]]

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FEDERAL TRADE COMMISSION

16 CFR Part 303

RIN 3084-AB28


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 (``FTC'' or ``Commission'') 
proposes amending the Rules and Regulations under the Textile Fiber 
Products Identification Act (``Textile Rules'' or ``Rules'') to 
incorporate the most recent ISO 2076 standard for generic fiber names. 
The proposed amendment should reduce compliance costs and increase 
flexibility for firms providing textile fiber information to consumers.

DATES: Written comments must be received on or before March 19, 2020.

ADDRESSES: Interested parties may file a comment online or on paper by 
following the instructions in the Request for Comments part of the 
SUPPLEMENTARY INFORMATION section below. Write ``Textile Rules, 16 CFR 
part 303, Project No. P948404'' on your comment, and file your comment 
online through https://www.regulations.gov by following the 
instructions on the web-based form. If you prefer to file your comment 
on paper, write ``Textile Rules, 16 CFR part 303, Project No. P948404'' 
on your comment and on the envelope and mail your comment to the 
following address: Federal Trade Commission, Office of the Secretary, 
600 Pennsylvania Avenue NW, Suite CC-5610 (Annex C), Washington, DC 
20580, or deliver your comment to the following address: Federal Trade 
Commission, Office of the Secretary, Constitution Center, 400 7th 
Street SW, 5th Floor, Suite 5610 (Annex C), Washington, DC 20024.

FOR FURTHER INFORMATION CONTACT: Jock Chung (202-326-2984), Attorney, 
Division of Enforcement, Bureau of Consumer Protection, Federal Trade 
Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The Textile Fiber Products Identification Act (``Textile Act'') \1\ 
and Rules require marketers to, among other things, attach a label to 
each covered textile product disclosing: (1) The generic names and 
percentages by weight of the constituent fibers in the product; (2) the 
name under which the manufacturer or other responsible company does 
business or, in lieu thereof, the company's registered identification 
number; and (3) the name of the country where the product was processed 
or manufactured.\2\
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    \1\ 15 U.S.C. 70 et seq.
    \2\ See 15 U.S.C. 70b(b).
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    Section 303.7 of the Textile Rules (generic names and definitions 
for manufactured fibers) establishes the generic names for manufactured 
fibers that must be used in the required fiber content disclosures by: 
(1) Listing the generic names and definitions the Commission has 
established through its textile petition process,\3\ and (2) 
incorporating by reference the generic names and definitions set forth 
in the ISO 2076 standard.
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    \3\ To establish a generic name under 16 CFR 303.8, the 
petitioner must submit evidence that: (1) The fiber has a chemical 
composition radically different from other fibers, and that the 
distinctive chemical composition results in distinctive physical 
properties of significance to the general public; (2) the fiber is 
in active commercial use or such use is immediately foreseen; and 
(3) the grant of the generic name is of importance to the consuming 
public at large. 38 FR 34112, 34114 (Dec. 11, 1973). The Commission 
must then review the evidence, solicit public comment on a proposed 
amendment to the Rules to add the generic name, and issue a final 
amendment to the Rules.
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    The Commission incorporated the ISO 2076:1989 standard into Sec.  
303.7 in 1998 so that a ``manufacturer or other marketer of a fiber not 
listed in [16 CFR 303.7] but recognized in ISO's 1989 standard need not 
petition the Commission for recognition of the fiber name, but may 
simply use the ISO established name.'' \4\ The Commission stated that 
it ``may accommodate future changes in the ISO Standard by amending the 
Textile Rules to incorporate the new Standard without going through the 
petition process.'' \5\ It also recommended that ``. . . manufacturers 
seeking recognition of new fiber names first seek recognition from the 
ISO,'' \6\ noting that ``FTC recognition of new fibers by ISO in the 
future . . . can be accomplished easily by amending the Textile Rules 
to incorporate the most recent ISO standard.'' \7\ The Commission 
subsequently incorporated the updated 2076:1999(E) standard into Sec.  
303.7 in 2000,\8\ and incorporated the updated 2076:2010(E) standard in 
2014.\9\
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    \4\ 63 FR 7508, 7510 (Feb. 13, 1998).
    \5\ Id., fn. 25.
    \6\ Id. at 7511.
    \7\ Id.
    \8\ 65 FR 75154 (Dec. 1, 2000).
    \9\ 79 FR 18766 (Apr. 4, 2014).
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    During these proceedings, commenters strongly supported 
incorporating the latest ISO 2076 standard in the Rule by asserting 
that doing so would expedite the use of new fiber names,\10\ benefit 
businesses by establishing an international consensus that removes 
unnecessary barriers to trade, and help manufacturers develop labeling 
that satisfies the requirements of multiple countries.\11\ Commenters 
further stated that incorporating updated ISO standards in the Rule 
reduces potential Customs challenges and helps forestall nationally 
biased standards that can create barriers to trade and hinder efficient 
supply-chain management.\12\
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    \10\ 63 FR 7508, 7510.
    \11\ 78 FR 29263, 29265 (May 20, 2013).
    \12\ Id.
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II. Proposed Amendment

    The Commission proposes to incorporate the most recent version of 
the relevant standard, ISO 2076:2013(E), ``Textiles--Man-made fibres--
Generic names,'' Sixth edition, November 15, 2013 (ISO 2076:2013(E)), 
in Sec.  303.7 of the Textile Rule. The updated 2013 standard adds 
seven generic fiber names not defined in the 2010 standard: ``Chitin,'' 
``ceramic,'' ``polybenzimidazol,'' ``polycarbamide,'' ``polypropylene/
polyamide bicomponent,'' ``protein,'' and ``trivinyl.''
    Commission staff has received several inquiries from manufacturers 
interested in initiating a proceeding to amend the Commission's list of 
approved generic fiber names under 16 CFR 303.8 to add ``chitin,'' a 
name recognized in ISO 2076:2013(E). Therefore, incorporating that 
standard into the Textile Rules will resolve the current requests, save 
the Commission and the manufacturers resources, and harmonize the two 
standards without the need to address other ISO recognized names 
individually.

III. Request for Comments

    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before March 19, 2020. 
Write ``Textile Rules, 16 CFR part 303, Project No. P948404'' on your 
comment. Your comment--including your name and your state--will be 
placed on the public record of this proceeding, including, to the 
extent practicable, on the https://www.regulations.gov website.
    Postal mail addressed to the Commission is subject to delay due to 
heightened security screening. As a result, we encourage you to submit 
your comments online. To make sure that the Commission considers your 
online comment, you must file it through

[[Page 8782]]

https://www.regulations.gov, by following the instruction on the web-
based form provided.
    If you file your comment on paper, write ``Textile Rules, 16 CFR 
part 303, Project No. P948404'' on your comment and on the envelope, 
and mail your comment to the following address: Federal Trade 
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite 
CC-5610 (Annex C), Washington, DC 20580, or deliver your comment to the 
following address: Federal Trade Commission, Office of the Secretary, 
Constitution Center, 400 7th Street SW, 5th Floor, Suite 5610 (Annex 
C), Washington, DC 20024. If possible, submit your paper comment to the 
Commission by courier or overnight service.
    Because your comment will be placed on the publicly accessible 
website, https://www.regulations.gov, you are solely responsible for 
making sure that your comment does not include any sensitive or 
confidential information. In particular, your comment should not 
include any sensitive personal information, such as your or anyone 
else's Social Security number; date of birth; driver's license number 
or other state identification number, or foreign country equivalent; 
passport number; financial account number; or credit or debit card 
number. You are also solely responsible for making sure that your 
comment does not include any sensitive health information, such as 
medical records or other individually identifiable health information. 
In addition, your comment should not include any ``trade secret or any 
commercial or financial information which . . . is privileged or 
confidential''--as provided by Section 6(f) of the FTC Act, 15 U.S.C. 
46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)--including in 
particular competitively sensitive information such as costs, sales 
statistics, inventories, formulas, patterns, devices, manufacturing 
processes, or customer names.
    Comments containing material for which confidential treatment is 
requested must be filed in paper form, must be clearly labeled 
``Confidential,'' and must comply with FTC Rule 4.9(c). In particular, 
the written request for confidential treatment that accompanies the 
comment must include the factual and legal basis for the request, and 
must identify the specific portions of the comment to be withheld from 
the public record. See FTC Rule 4.9(c). Your comment will be kept 
confidential only if the General Counsel grants your request in 
accordance with the law and the public interest. Once your comment has 
been posted publicly at https://www.regulations.gov--as legally 
required by FTC Rule 4.9(b)--we cannot redact or remove your comment, 
unless you submit a confidentiality request that meets the requirements 
for such treatment under FTC Rule 4.9(c), and the General Counsel 
grants that request.
    Visit the FTC website to read this NPRM and the news release 
describing it. The FTC Act and other laws that the Commission 
administers permit the collection of public comments to consider and 
use in this proceeding as appropriate. The Commission will consider all 
timely and responsive public comments that it receives on or before 
March 19, 2020. For information on the Commission's privacy policy, 
including routine uses permitted by the Privacy Act, see https://www.ftc.gov/site-information/privacy-policy.
    The Commission invites members of the public to comment on the 
costs and benefits to industry members and consumers, as well as any 
issues or concerns they believe are relevant or appropriate to the 
Commission's consideration of the proposed amendment to the Textile 
Rules. The Commission requests that comments provide factual data upon 
which they are based.

IV. Communications to Commissioners and Commissioner Advisors by 
Outside Parties

    Written communications and summaries or transcripts of oral 
communications respecting the merits of this proceeding from any 
outside party to any Commissioner or Commissioner's advisor will be 
placed on the public record.\13\
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    \13\ See 16 CFR 1.26(b)(5).
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V. Regulatory Flexibility Act

    The Regulatory Flexibility Act (``RFA'') \14\ requires that the 
Commission conduct an analysis of the anticipated economic impact of 
the proposed amendment on small entities. The purpose of a regulatory 
flexibility analysis is to ensure that an agency considers potential 
impacts on small entities and examines regulatory alternatives that 
could achieve the regulatory purpose while minimizing burdens on small 
entities. The RFA requires that the Commission provide an Initial 
Regulatory Flexibility Analysis (``IRFA'') with a proposed rule and a 
Final Regulatory Flexibility Analysis (``FRFA'') with a final rule, if 
any, unless the Commission certifies that the rule will not have a 
significant economic impact on a substantial number of small 
entities.\15\
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    \14\ 5 U.S.C. 601-612.
    \15\ 5 U.S.C. 605.
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    The Commission believes that the proposed amendment would not have 
a significant economic impact upon small entities, although it may 
affect a substantial number of small businesses. In the Commission's 
view, the proposed amendment should not increase the costs of small 
entities that manufacture or import textile fiber products. Therefore, 
based on available information, the Commission certifies that amending 
the Rules as proposed will not have a significant economic impact on a 
substantial number of small businesses. Although the Commission 
certifies under the RFA that the proposed amendment would not, if 
promulgated, have a significant impact on a substantial number of small 
entities, the Commission has determined, nonetheless, that it is 
appropriate to publish an IRFA to inquire into the impact of the 
proposed amendment on small entities. Therefore, the Commission has 
prepared the following analysis:

A. Description of the Reasons That Action by the Agency Is Being Taken

    The Commission proposes amending the Rules to incorporate an 
updated version of the standard establishing generic fiber names to 
provide covered entities with greater flexibility in complying with the 
Rules' disclosure requirements.

B. Statement of the Objectives of, and Legal Basis for, the Proposed 
Amendment

    The Textile Act authorizes the Commission to implement its 
requirements through the issuance of rules. The proposed amendment 
would incorporate the updated ISO standard 2076:2013(E) into the 
Textile Rules, and provide covered entities with additional labeling 
options (i.e., to market products covered by the Textile Rules that are 
made from generic fibers defined in ISO 2076:2013(E) but not otherwise 
defined) without imposing new burdens or additional costs.

C. Small Entities To Which the Proposed Amendments Will Apply

    The Rules apply to various segments of the textile fiber product 
industry, including manufacturers and wholesalers of textile apparel 
products. Under the Small Business Size Standards issued by the Small 
Business Administration, textile apparel manufacturers qualify as small 
businesses if they have 500 or fewer

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employees. Clothing wholesalers qualify as small businesses if they 
have 100 or fewer employees. The Commission's staff has estimated that 
approximately 10,744 textile fiber product manufacturers and importers 
are covered by the Rules' disclosure requirements.\16\ A substantial 
number of these entities likely qualify as small businesses. The 
Commission estimates that the proposed amendment will not have a 
significant impact on small businesses because it imposes no new 
obligations.
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    \16\ 83 FR 2992, 2993 (Jan. 22, 2018).
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D. Projected Reporting, Recordkeeping, and Other Compliance 
Requirements, Including Classes of Covered Small Entities and 
Professional Skills Needed To Comply

    As explained earlier in this document, the proposed amendment would 
incorporate the updated ISO standard 2076:2013(E) into the Textile 
Rules, thus providing greater flexibility to companies covered by the 
Rules. The proposed amendment would impose no new reporting, 
recordkeeping, or other compliance requirements. The small entities 
potentially covered by the proposed amendment will include all such 
entities subject to the Rules.

E. Duplicative, Overlapping, or Conflicting Federal Rules

    The Commission has not identified any other federal statutes, 
rules, or policies that would duplicate, overlap, or conflict with the 
proposed amendment.

F. Significant Alternatives to the Proposed Amendment

    The Commission has not proposed any specific small entity exemption 
or other significant alternatives because the proposed amendment would 
not impose any new requirements or compliance costs.

VI. Paperwork Reduction Act

    The Rules contain reporting requirements that constitute 
information collection requirements under the Paperwork Reduction Act 
(PRA).\17\ The Office of Management and Budget (OMB) has approved the 
Rule's existing information collection requirements through May 31, 
2021 (OMB Control No. 3084-0101). The proposed amendment does not 
impose any additional collection of information requirements.
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    \17\ 44 U.S.C. 3501 et seq; 5 CFR 1320.3(c).
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IX. Incorporation by Reference

    Consistent with 5 U.S.C. 552(a) and 1 CFR part 51, the Commission 
proposes to incorporate the specifications of the following standard 
issued by the International Organization of Standardization (ISO): ISO 
2076:2013(E), which lists the generic names used to designate the 
different categories of man-made fibres, based on a main polymer, 
currently manufactured on an industrial scale for textile and other 
purposes, together with the distinguishing attributes that characterize 
them.
    This ISO standard is reasonably available to interested parties. 
Members of the public can obtain copies of ISO 2076:2013(E) from the 
American National Standards Institute, 25 West 43rd Street, Fourth 
Floor, New York, NY 10036-7417; (212) 642-4900; [email protected]; https://www.ansi.org. This ISO standard is also available for inspection at the 
FTC Library, (202) 326-2395, Federal Trade Commission, Room H-630, 600 
Pennsylvania Avenue NW, Washington, DC 20580.

VIII. Proposed Rule Language

List of Subjects in 16 CFR Part 303

    Advertising, Incorporation by reference, Labeling, Recordkeeping, 
Textile fiber products.

PART 303--RULES AND REGULATIONS UNDER THE TEXTILE FIBER PRODUCTS 
IDENTIFICATION ACT

0
1. The authority citation for part 303 continues to read:

    Authority:  15 U.S.C. 70 et seq.

0
2. Amend Sec.  303.7 by revising the introductory text to read as 
follows:


Sec.  303.7   Generic names and definitions for manufactured fibers.

    Pursuant to the provisions of section 7(c) of the Act, the 
Commission hereby establishes the generic names for manufactured 
fibers, together with their respective definitions, set forth in this 
section, and the generic names for manufactured fibers, together with 
their respective definitions, set forth in International Organization 
for Standardization ISO 2076:2013(E), ``Textiles--Man-made fibres--
Generic names.'' International Organization for Standardization ISO 
2076:2013(E), ``Textiles--Man-made fibres--Generic names,'' Sixth 
edition, November 15, 2013, is incorporated by reference into this 
section with the approval of the Director of the Federal Register under 
5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than 
that specified in this section, the Federal Trade Commission must 
publish notice of change in the Federal Register and the material must 
be available to the public. All approved material is available for 
inspection at the Federal Trade Commission, 600 Pennsylvania Ave. NW, 
Room H-630, Washington, DC 20580, (202) 326-2222, and is available from 
the American National Standards Institute, 25 West 43rd Street, Fourth 
Floor, New York, NY 10036-7417; (212) 642-4900; [email protected]; https://www.ansi.org. It is also available for inspection at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, email [email protected], or 
go to http://www.archives.gov/federal-register/cfr/ibr-locations.html.
* * * * *

    By direction of the Commission.
April J. Tabor,
Acting Secretary
[FR Doc. 2020-02759 Filed 2-14-20; 8:45 am]
 BILLING CODE 6750-01-P