[Federal Register Volume 85, Number 194 (Tuesday, October 6, 2020)]
[Rules and Regulations]
[Pages 63012-63014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19515]
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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: Final rule.
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SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'')
amends 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.
DATES: This rule is effective November 5, 2020. The incorporation by
reference of certain publications listed in the rule is approved by the
Director of the Federal Register as of November 5, 2020.
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. Background
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 product's generic
names; (2) the percentages, by weight, of its constituent fibers; (3)
the name under which the manufacturer or other responsible company does
business or, in lieu thereof, the company's registered identification
number; and (4) 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 man-made
fibers that manufacturers must disclose. This provision lists the
generic names and definitions established by the Commission through its
textile petition
[[Page 63013]]
process under Sec. 303.8, and incorporates by reference the generic
names and definitions set forth in the ISO 2076 standard.
The Commission cannot automatically incorporate future changes to
an incorporated standard.\3\ Therefore, it periodically updates the
Rule's reference to the ISO standard to keep abreast of ISO 2076
amendments.\4\
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\3\ Specifically, Office of the Federal Register regulations
state that incorporation by reference is ``limited to the edition of
the publication that is approved,'' and ``future amendments or
revisions of the publication are not included.'' See 1 CFR 51.1(f).
\4\ See 79 FR 18766 (Apr. 4, 2014).
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II. Amendments to the Textile Rules
In a Notice of Proposed Rulemaking (``NPRM'') published on February
18, 2020,\5\ the Commission proposed amending Sec. 303.7 to
incorporate the most recent version of the relevant ISO standard, ISO
2076:2013(E), ``Textiles--Man-made fibres--Generic names.'' This
standard includes seven generic fiber names that are not defined in the
currently-incorporated 2010 ISO standard: ``chitin,'' ``ceramic,''
``polybenzimidazol,'' ``polycarbamide,'' ``polypropylene/polyamide
bicomponent,'' ``protein,'' and ``trivinyl.''
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\5\ 85 FR 8781 (Feb. 18, 2020).
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In the NPRM, the Commission noted that Commission staff had
received several inquiries from manufacturers interested in using the
petition process to add ``chitin,'' a name recognized in ISO
2076:2013(E), to the Commission's list of approved generic fiber names.
The Commission stated that incorporating the updated ISO standard into
the Textile Rules would resolve those requests, save both the
Commission and manufacturers resources, and harmonize the two standards
without the need to address other ISO recognized names individually.
The Commission did not receive any germane comments. Accordingly,
based on the analysis provided in the NPRM, the Commission now amends
the Textile Rules to change the Rules' current reference to the ISO
2076:2010(E) standard for generic fiber names to the updated ISO
2076:2013(E) standard.
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
the Office of Information and Regulatory Affairs has designated this
rule as not a `major rule,' as defined by 5 U.S.C. 804(2).
III. Paperwork Reduction Act
The Textile Rules contain recordkeeping and disclosure requirements
that constitute information collection requirements as defined by 5 CFR
1320.3(c), the definitional provision within the Office of Management
and Budget (``OMB'') regulations that implement the Paperwork Reduction
Act (``PRA''). OMB has approved the Rule's existing information
collection requirements through May 31, 2021 (OMB Control No. 3084-
0101). The amended Textile Rules do not impose any additional
collection of information requirements.
IV. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), 5 U.S.C. 601-612, requires
that the Commission provide an Initial Regulatory Flexibility Analysis
(IRFA) with a Proposed Rule, and a Final Regulatory Flexibility
Analysis (FRFA) with the final Rule, unless the Commission certifies
that the Rule will not have a significant economic impact on a
substantial number of small entities.\6\
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\6\ 5 U.S.C. 603-605.
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The Commission anticipates that the final amendment will not have a
significant economic impact on a substantial number of small entities.
The amendment incorporates the most recent version of the relevant ISO
standard for textile fiber names, ISO 2076:2013(E), and should not
increase the costs of small entities that manufacture or import textile
fiber products. Instead, the amendment will enable these entities to
market products in the United States under seven additional fiber
names. Therefore, based on available information, the Commission
certifies that amending the Textile Rules will not have a significant
economic impact on a substantial number of small businesses. Although
the Commission certifies under the RFA that the amendment will not have
a significant impact on a substantial number of small entities, the
Commission has determined, nonetheless, that it is appropriate to
publish a Final Regulatory Flexibility Analysis in order to explain the
impact of the amendment on small entities as follows:
A. Description of the Reason for Agency Action
The Commission is amending the Rules to provide greater flexibility
in complying with the Rules' disclosure requirements by permitting
textile fiber product marketers to market products containing fibers
defined in the updated ISO 2076:2013(E) standard.
B. Issues Raised by Comments in Response to the IRFA
The Commission did not receive any comments related to the impact
of the final amendment on small businesses. In addition, the Commission
did not receive any comments filed by the Chief Counsel for Advocacy of
the Small Business Administration.
C. Estimate of Number of Small Entities to Which the Amendments Will
Apply
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 employees. Clothing wholesalers
qualify as small business 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 Textile
Rules' disclosure requirements.\7\ A substantial number of these
entities likely qualify as small businesses. The Commission estimates
that the amendment will not have a significant impact on these small
businesses because it does not impose any new obligations; rather, it
permits them to offer more products while complying with the Textile
Rules.
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\7\ 83 FR 2992, 2993 (Jan. 22, 2015).
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D. Projected Reporting, Recordkeeping, and Other Compliance
Requirements, Including Classes of Covered Small Entities and
Professional Skills Needed To Comply
The amendment is not expected to increase any reporting,
recordkeeping, or other requirements associated with the Textile Rules.
E. Description of Steps Taken To Minimize Significant Economic Impact,
If Any, on Small Entities, Including Alternatives
The Commission did not propose any specific small entity exemption
or other significant alternatives because the amendment is not expected
to increase reporting requirements and will not impose any new
requirements or compliance costs. No comments identified any new
compliance costs.
V. Incorporation by Reference
Consistent with 5 U.S.C. 552(a) and 1 CFR part 51, the Commission
incorporates 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
[[Page 63014]]
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
International Organization for Standardization, ISO Central
Secretariat, Chemin de Blandonnet 8, CP 401-1214 Vernier, Geneva,
Switzerland; (+41 22 749 01 11); [email protected]; https://www.iso.org/home.html. They can also obtain copies 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.
List of Subjects in 16 CFR Part 303
Advertising, Incorporation by reference, Labeling, Recordkeeping,
Textile fiber products.
For the reasons discussed in the preamble, the Commission amends
part 303 of title 16, Code of Federal Regulations, as follows:
PART 303--RULES AND REGULATIONS UNDER THE TEXTILE FIBER PRODUCTS
IDENTIFICATION ACT
0
1. The authority citation for part 303 continues to read as follows:
Authority: 15 U.S.C. 70 et seq.
0
2. Amend Sec. 303.7:
0
a. By revising the introductory text; and
0
b. In paragraph (v), by removing the words ``16 CFR 303.7(c)'' and
adding, their place, the words ``paragraph (c) of this section''.
The revision reads 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). 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 Avenue NW, Room H-630, Washington, DC
20580, (202) 326-2222, and is available from: (a) The International
Organization for Standardization, ISO Central Secretariat, Chemin de
Blandonnet 8, CP 401-1214 Vernier, Geneva, Switzerland; (+41 22 749 01
11); [email protected]; https://www.iso.org/home.html; and (b) 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, Commissioner Slaughter not
participating.
April J. Tabor,
Acting Secretary.
[FR Doc. 2020-19515 Filed 10-5-20; 8:45 am]
BILLING CODE 6750-01-P