Rules and Regulations Under the Textile Fiber Products Identification Act
| Published date | 18 February 2020 |
| Citation | 85 FR 8781 |
| Record Number | 2020-02759 |
| Section | Proposed rules |
| Court | Federal Trade Commission |
Federal Register, Volume 85 Issue 32 (Tuesday, February 18, 2020)
[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
[[Page 8783]]
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
