Rules and Regulations Under the Textile Fiber Products Identification Act

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: 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 BASF Corporation (``BASF''), of

Mt. Olive, New Jersey. BASF requested that the Commission establish the

name ``melamine'' for the fiber, which it designates by the registered

name ``Basofil.''

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--P974228.''

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 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 for synthetic

fibers. Rule 8 (16 CFR 303.8) sets forth the procedures for

establishing new generic names.

BASF submitted its application in this matter to the Commission on

March 22, 1996. Since then, BASF has submitted additional information

at the request of the Commission's staff. The application and related

materials have been placed on the rulemaking record. BASF stated that

Basofil fiber, which is mostly used in combination with other heat- and

flame-resistant fibers, is intended for use in applications where heat

and flame resistance and low flammability are vital, including fire-

blocking fabrics, protective apparel and heat-insulating fabrics. BASF

stated that, because the unique chemistry of Basofil fiber is

inadequately described under the existing generic names listed in the

Textile Rules, a new generic name and definition should be established.

After an initial analysis, on June 25, 1996, the Commission issued

BASF the designation ``BC 0001'' for temporary use in identifying

Basofil, pending a final determination as to the merits of the

application for a new generic name.

II. Chemical composition and Physical and Chemical Properties of

BASF's Fiber

In its petition and other materials, BASF described Basofil as a

fiber that, because of its unique melamine-formaldehyde chemistry, is

especially suited for applications in which heat and flame resistance

are needed. BASF intends the fiber to be used in the manufacture of

heat- and flame-resistant textile products, like fire-blocking fabrics,

gloves and aprons and other protective apparel, and filters for use in

high-temperature applications. BASF described Basofil chemically as

follows:

The product is a fiber made from a condensation polymer of

melamine derivatives and formaldehyde * * *. In the condensation

reaction, methylol compounds are formed which then react with one

another to form a three-dimensional structure of methylene ether and

methylene bridges.

The chemical composition of Basofil fiber is based upon a three-

dimensional cross linked structure containing methylene links, such

as (Melamine-NH-CH2-NH-Melamine) and dimethylene ether

links such as (Melamine-NH-CH2-O-CH2NH-

Melamine). The melamine can also be modified to contain hydroxyl

groups.

The network structure of Basofil fiber provides the

characteristics found in melamine-based resins--heat stability,

solvent resistance, and low flammability.

BASF stated that Basofil combines fire protection and heat

stability with good chemical, hydrolysis and ultraviolet resistance,

and that the fiber, which is white and dyeable, can be processed on

standard textile manufacturing

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equipment for the production of woven, knitted, and nonwoven fabrics.

BASF asserted that Basofil's most outstanding physical properties

are its high Limiting Oxygen Index (LOI), low thermal conductivity,

heat dimensional stability, and the fact that it does not shrink, melt

or drip when exposed to a flame. BASF provided the following table to

describe the most important physical properties of Basofil:

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Fiber Denier, nominal..................... 2.5, variable.

Staple Length, nominal.................... 2 inch, variable.

Density................................... 1.4 g/cm\3\.

Tenacity, nominal......................... 1.8 g/denier.

Elongation at Break, nominal.............. 12%.

Moisture Regain, @23 deg.C & 65% RH....... 5%.

Limiting Oxygen Index (LOI)............... 32.

Continuous Use Temperature................ 200 deg.C (392 deg.F)

Maximum Use Temperature................... 260 deg.C-370 deg.C (500

deg.F-698 deg.F).

Hot Air Shrinkage, 1 hr @ 200 deg.C(392 S) after 4 minutes flaming. A DS value less

than 200 is required to pass FAA standards. BASF's results of a 12-

second vertical flame test (according to Federal Aviation Regulation

25.853/FTM 191-5903) showed that Basofil fabric also meets FAA

requirements in this regard. BASF measured the Thermal Protective

Performance (TPP) of the same Basofill fabric, according to NFPA 1971.

The results were a single fabric layer TPP of 27 at a heat flux of 2

cal/cm\2\-sec.

In additional materials, BASF provided the Commission with infrared

spectrum information, x-ray diffraction results, and fiber and fabric

samples.

III. Invitation To Comment

The Commission is soliciting comment on BASF's application

generally, and on whether the application meets the criteria (discussed

below) that the Commission first announced at 38 FR 34112 (Dec. 11,

1973) as grounds for the granting of petitions for new generic names,

and later clarified and reaffirmed on December 6, 1995, 60 FR 62353,

and again on May 23, 1997, 62 FR 28343. BASF has contended that its

petition meets these criteria.

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.

According to BASF, the Basofil fiber is based upon unique melamine

chemistry that tresults in a fiber with significant heat and flame

resistance. BASF asserted that the granting of a generic name and

definition for Basofil is necessary to enable consumers seeking high

heat and flame resistance to identify those textile fiber products

containing Basofil.

Second Criterion: The fiber must be in active commercial use or

such use must be immediately foreseen.

BASF stated that it has begun to import Basofil fiber and to market

the fiber to potential end users. At the time of its petition, BASF was

in the process of building a plant in Enka, North Carolina, capable of

producing approximately 3.6 million pounds of Basofil. Counsel for BASF

has informed the Commission that the plant is currently operational.

Third Criterion: The granting of the generic name must be of

importance to the consuming public at large, rather than a small

group of knowledgeable professionals such as purchasing officers for

large Government agencies.

BASF argued that, because of the importance of heat and flame

resistance to many fiber products, both industrial and consumer, the

Commission's granting of the generic name is of importance to the

general public.

The Commission also requests comments on the appropriateness of the

fiber name definition proposed by BASF. Maintaining that the key to

Basofil chemistry is the melamine-aldehyde cross-linkage, BASF proposed

the generic name ``melamine,'' with the following corresponding

definition:

A manufactured fiber in which the fiber forming substance is a

synthetic polymer composed of at least 50% by weight of a cross-

linked melamine polymer.

BASF explained that the unusually low (50%) threshold for the

principal element of the fiber (the cross-linked melamine polymer) in

the definition is based on the possibility that Basofil may be modified

in the future to contain other components typically found in fiber

formulations, such as dispersing aids, fillers, flame retardants, heat

or light stabilizers, optical modifiers, etc. BASF provided an example

of such a formulation:

50% melamine fiber

5% pigment

5% pigment dispersing aid

15% flame retardant

5% light or heat stabilizer

20% organic filler

BASF continued:

Original fiber properties could change in some cases. For

example, initial tenacity and elongation may drop. In other cases,

original properties may not change, but fastness properties may

improve, as, for example, with the addition of a stabilizer. In

other instances, the change may only be in appearance, as with the

addition of a pigment.

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

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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 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 proposed 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. 70e(c) et seq.

2. It is proposed that a new paragraph (w) be added to Sec. 303.7,

to read as follows:

Sec. 303.7 Generic names and definitions for manufactured fibers.

* * * * *

(w) Melamine. A manufactured fiber in which the fiber-forming

substance is a synthetic polymer composed of at least 50% by weight of

a cross-linked melamine polymer.

By direction of the Commission.

Benjamin I. Berman,

Acting Secretary.

[FR Doc. 98-100 Filed 2-5-98; 8:45 am]

BILLING CODE 6750-01-M