Rule and Regulations Under the Textile Fiber Products Identification Act

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.

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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 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

(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.

orocarbon 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.

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)

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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.

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Thermal Properties

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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

.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)

t 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:

cause

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

ccordance 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

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

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