Document 1yoamprkVk56RRay72Bk428Z

PACO TEXTURES MEMO TO: Svend Stubb FROM: Doug Merrill February 23, 1981 SUBJECT: CONSUMER PRODUCT SAFETY COMMISSION REPORT The attached information from the United States Consumer Product Safety Commission required re porting the manufacture of Texture Paint. Do you think that #1112 Keltex or any other Kelly Moore product would be classified as Texture Paint? Please advise. DWM/jlp Attach. (8) KMX 01349 RETURN RECEIPT. REGISTERED. INSURED AND CERTIFIED M A IL ^ -t-: I.- 'PS Form 3 8 u Nov. 1973 SENDER: Complete items 1 sad 2. . ` Add your sddress in the "RETURN TO": space on : reverse. ' 1.; The-following service is requested (check one). ~ > ; .{&] Show to whom and date delivered............. 15^ < Q Show to whom, date,address of delivery:'.' 35< Q DELIVER ONLY TO ADDRESSEE and' V v-t show to.whom and date'delivered..'......^... 65f ' Q DELIVER 'ONLY TO ADDRESSEE and . ', ? show to 'whom, -date, and sddreu - of - . delivery ........"....v..:....:........... 85< 2. ARTICLE ADDRESSED TO: .. - Kelly Moor e-Paco Division San Carlos, California 94070 3. ARTICLE DESCR PTION:' REGISTERED NO. CERTIFIED NO. /t?3V?S . INSURED NO): (Alwiyi obtain tignttura of oddrtsM* or if>nt) I have received the article described above. SIGNATURE > ' 'DATE OF DELIVERY POSTMARK 5. ADORESS (Complete only H requested) 6. UNABLE TO OEUVER BECAUSE: CLERK'S > INITIALS * CPO : ISIS O - SJ7-SM -/L *s \ KMX 01350 U.S. CONSUMER PRODUCT SAFETY COMMISSION WASHINGTON, D.C. 20207 JANoU 1981 Kelly Moore-Paco Division San Carlos, California 94070 Dear Sir or Madam: Enclosed is a general order on consumer products containing asbestos. The general order is issued pursuant to section 27(b)(1) and section 5 of the Consumer Product Safety Act (CPSA) (15 U.S.C. 2076 (b)(1), 2054). The order, vhich has been published in the Federal Register, -Requires all firms who have manufactured or imported any of the consumer products listed in the general order since January 1, 1978 to report certain information to the Commission. Please note that responses to the order should be submitted to the Office of the Secretary, Consumer Product Safety Commission, Washington, D.C. 20207 by February 20, 1981. If you have any ques tions, please direct them to Mr. Gale Wyer, Health Sciences, Consumer Product Safety Commission, Washington, D.C. 20207, (301)492-6957. Sincerely, Sadye Dunn Secretary Enclosures 1) copy of general order 2) copy of letter to Society of Plastics Industries clarifying general order U.S. CONSUMER PRODUCT SAFETY COMMISSION WASHINGTON. D.C. 20207 Jan. 29, 1981 OFFICE OF THE GENERAL COUNSEL Mr. Bob Sherman Society of Plastics Industries 3150 Des Plaines Ave. Des Plaines, Illinois 60018 Dear Mr. Sherman: This letter is in response to your recent telephone inquiry concerning the coverage of the Commission's general order on asbestos-containing consumer products (December 22, 1980, 45 FR 84384). Section 3(b) of the order provides that "any product or product component fabricated from a plastic molding compound in which the filler or reinforcing material includes asbestos is exempt from reporting, provided that the component contains at least 50 weight percent plastic resin." You request clarification of this section since you state that some plastic parts currently used in consumer products might have a composition of 2 percent asbestos, 40 percent wood flour, and 49 percent resin, thus requiring reporting, while a hypothetical product of 49 percent asbestos and 51 percent resin need not be reported. We have consulted with the Commission's technical staff concerning this question, and they indicated that the intent of the general order is not to require reporting of molded plastic components containing encapsulated asbestos which do not release asbestos fibers during the life of the product. Therefore, we have concluded that materials in which asbestos is incorporated into a molded plastic substance need not be **** 01352 Mr. Bob Sherman Page -2reported under the general order, provided that the plastic components do not contain more than 50 percent by weight of asbestos and contain sufficient resin to ensure that the finished plastic component does not release asbestos fibers during the life of the product. I hope this information is helpful. General Counsel cc: Arthur Harris Quarles and Brady 780 N. Water St. Milwaukee, Wisconsin 53202 KMX 01353 Iliwirfll Monday December 22, 1980 Part IV Consumer Product Safety Commission Consumer Products Containing Asbestos; General Order for Submission of Information KMX 01354 <8436^^^^^-Tederal^eRi8ter^/_iVc^5^NaJ4^/iiMonda^JDecraibe^2^198^J^N!otkes CONSUMER PRODUCT SAFETY COMMISSION Consumer Products Containing Asbestos; General Order for Submission of Information agency: Consumer Product Safety Commission. ' ; action: General order for submission of information. - summary: The Commission orders manufacturers and importers of specified categories of consumer products to furnish the Commission with information concerning the use of asbestos in the products, the form in which asbestos is present in the products, the purpose served by the asbestos, the marketing and use patterns of the product, and information on any testing of the products for asbestos fiber emission.* Information on the identity of possible substitutes for the asbestos is also sought. The Commission believes that such information will assist it in determining whether any regulatory action is warranted to protect 1 consumers from any risk of injury associated with asbestos in consumer products. dates: Firms shall furnish the required information on or before February 20. 1981. Firms are required to report any changes in the information (or new uses of asbestos in the consumer products) within 30 days of the change for a one year period following publication of this order in the Federal Register. The order expires December 22,1981. address: Information required by this order should be sent to the Office of the Secretary, Consumer Product Safety Commission, Washington. D.C 20207. FOR FURTHER INFORMATION CONTACT: Carole Roth, Office of the General Counsel. Consumer Product Safety Commission, Washington. D.C. 20207, phone (202) 634-7770 (for legal questions), or Gale Wyer. Health Sciences. Consumer Product Safety Commission. Washington, D.C. 20207, 202-492-6957 (for technical questions and questions concerning the applicability of this order to a particular product). *A majority of the Commisaioner*--Chairman King and Commisaionera David Piitie. Edith Sloan, and Stuart Sutler--approved the final draft general order in all reapects. Commiaaioner Sam Zagoria joined in approval of the general order except aa to one question specifying certain economic information lo be submitted. Commissioner Zagoria hsa issued a separate opinion on his point of disagreement which is on file in the Office of the Secretary of the Commission. SUPPLEMENTARY INFORMATION: including lung cancer and mesothelioma A. Purpose and Basis for the Order (a. cancer of the linings of the pleura and The Commission is conducting an peritoneum) among occupationally investigation in order to determine exposed workers and also increased whether regulatory action is necessary -- -incidence of mesothelioma among to protect consumers from the risk of nonoccupationally exposed populations. injury that may be associated with Autopsy studies of lung tissues of consumer products containing asbestos. residents in urban areas in many parts This order requires manufacturers and importers of certain categories of consumer products to provide information concerning the use of asbestos in their products. Firms are required to furnish information of the world indicate that the general population is being exposed to asbestos from the general environment. Once inhaled, asbestos fibers may remain lodged in the lungs and other tissues for life. concerning Certain uses of asbestos in - specified consumer products manufactured or imported since January 1,1978. the purpose served by the asbestos in these products, the marketing and use patterns of the products, information on substitutes for asbestos, and information on any testing of the products for asbestos fiber emission. This order is issued under the authority of sections 5 and 27(b)(1) of the Consumer Product Safety Act (CPSA), 15 U.S.C.. 2054, 2076(b)(1). The Commission believes that information obtained as a result of this order will assist the Commission in determining whether any regulatory action is warranted to protect consumers from any risk of injury associated with asbestos in consumer products. The Commission emphasizes that this order is purely investigatory; no final regulatory decisions have been made concerning the products listed in the order. B. Background on Asbestos Asbestos is a group of fibrous minerals that are flexible, resistant to moisture, characterized by high tensilestrength. and resistant lo extreme heat. In many consumer products, asbestos in the form of asbestos paper provides a thermal and electrical insulating barrier. Asbestos is also used in certain consumer products, such as building materials, to provide strength and stability. On the basis of present information, the Commission is concerned that consumer products containing asbestos can pose a health hazard if asbestos fibers are released into the air, and are, thereby, available for inhalation. A large body of animal data and human epidemiological studies suggests that all major types of asbestos are carcinogenic in humans. The hazard may be undetectable by the consumer in the ordinary use of asbestos-containing products, since some asbestos fibers may be visible only by means of optical or electron microscopy. Epidemiological studies have demonstrated increased incidence of asbestos-related diseases. C. Commission Actions Concerning Asbestos In response to the problem of asbestos exposure from consumer products, the Commission has issued rules banning certain patching compounds and emberizing materials containing respirable asbestos. (16 CFR1304 and 1305, 42 FR 63354. December 15.1977.) The Commission has also been concerned with the use of asbestos in hair dryers in light of information initially indicating that a significant proportion of 50 to 60 million hair dryers used by consumers or in the chain of distribution contained asbestos, and could possibly release asbestos fibers. As a result of negotiations between the Commission's staff and firms which share approximately 95% of the consumer hair dryer market, the firms agreed to cease production and distribution of hair dryers containing asbestos and to offer consumers some form of repair, replacement, or refund for the hair dryers containing asbestos. The Commission's concern with hair dryers containing asbestos has been broadened to include hair dryers used by consumers in commercial hair dressing establishments. Tests of hair dryers containing asbestos have been performed for CPSC by the National Institute of Occupational Safety and Health (NIOSH) of the Department of Health, Education and Welfare to aid in the determination of emission of asbestos fibers from the hair dryers. The findings of the final NIOSH report were reviewed by Dr. William ). Nicholson of the Mount Sinai School of Medicine. Dr. Nicholson in his comments slated that while the risk to an individual from the intermittent use of an asbestos-emitting hair dryer is less than that from many current occupational asbestos exposures, the large number of . individuals that may be exposed clearly calls for the elimination of the exposure. The Commission has issued a joint Advance Notice of Proposed \ Rulemaking (ANPRM) with the Environmental Protection Agency (EPA) KMX 01355 &V-. Federal Register / Vol. 45, No. 247 / Monday, December 22, 1880 / Notices 84S85 on Commercial and Indnstrial Use of respirable asbestos fiber release. It Asbestos Fibers and Consumer Products should be noted that the order covers Containing Asbestos. (44 FR 60056, certain uses of asbestos in products October 17.1979.) The Commission's manufactured or imported since January ANPRM solicited general informstion_on--1,1976.The order, ihen^only covers the use of asbestos in consumer current and recent production but does products and described the not seek information on products which Commission's proposed regulatory would no longer be in the chain of approach to asbestos in consumer distribution. The order, however, is not products. In the ANPRM the Commission announced its intention to restricted to applications where there is known fiber release because the issue general and special orders Commission does not have this requiring Arms to submit information on information and one of the purposes of the use of asbestos in specified consumer products. The Commission also stated its intention to coordinate the gathering of information under the orders with the information-gathering activities of EPA and to share information with EPA. To minimize any possible duplication with the general inquiries made by the CPSC or EPA ANPRM. this order states that firms need not provide under the order any . information which they have previously submitted voluntarily under the CPSC or EPA ANPRM. Respondents to the order are simply required to state that a piece of information has previously been submitted to either CPSC or EPA, and to describe where the information may be found in the earlier submission. The comment period on the CPSC ANPRM expired on February 18,1980. The Commission staff has conducted a review of the comments received. Comments relating to the issuance of general and special orders on asbestoscontaining products and comments on the selection criteria for products to be included in the orders are briefly discussed below. (In the ANPRM the Commission announced its intention to select consumer products containing asbestos for priority attention in its investigation based on the following criteria: (1) the number of units of the product estimated to be in use by consumers; (2] the form and location of the asbestos in the product; (3) the frequency, duration, manner, and the order is to assist in the acquisition of such ^information. The Commission has received comments on the selection criteria for Inclusion of products in the order. The Commission notes that the criterion concerning the form and location of the asbestos is an underlying factor relevant to the question of asbestos fiber emission from a product the criterion is not phrased in terms of fiber emission because the Commission generally does not have adequate information on which specific consumer products containing asbestos release fibers. Several commenters questioned the appropriateness of criteria 4. 5. and 6, listed above, slating that while these criteria may influence regulatory action, they should not affect the gathering of information on hazardous products. The Commission disagrees and notes that it has carefully considered the reporting burden on industry as well as possible duplication with EPA information-- gathering efforts in preparing the present reporting requirement. The order is directed to specific industries which are believed to produce asbestos-containing products; any subsequent orders will be geared to other segments of the asbestos product industry. As to feasibility of substitution for asbestos, this factor will affect any Commission regulatory initiative in this area; therefore, it is also relevant to choosing those consumer products which may warrant priority attention at the investigation stage. location in the consumer's environment D. Products Subject to the Order of product use; (4) the likely availability and feasibility of substitutes for asbestos in the product; (5) the relative ease of data collection and analysis by the Commission and the reporting burden on industry, and (6) the degree of In order to determine the scope of the potential problem posed by consumer products containing asbestos. CPSC commissioned studies to determine what categories of consumer products contain asbestos. A list of products potential overlap of CPSC reporting requirements with the information gathering efforts of other regulatory agencies.] derived from these studies was published as an Appendix to the Commission's Advance Notice of Proposed Rulemaking on Consumer Several oommenters suggested that in Products Containing Asbestos Cited order to reduce the cost burdens to above. manufacturers. Commission - The Commission is requiring information-gathering activities should manufacturers and importers of the be limited to current production and to specific consumer products or categories those applications where there is known of consumer products described below to provide information to the Commission under the order. The Commission has reason to believe that these products may contain asbestos and should be included within the scope of the order. The list of consumer products subject to the order represents only a selected number of all known asbestos-containing consumer products. Products were selected for inclusion in the order on the basis of the criteria set forth in the Commission's ANPRM, discussed above. The Inclusion of a product in the order does not represent or imply any determination by the Commission or its staff concerning any hazard to consumers presented by the product The inclusion of a product represents only a determination that further investigation of the product is warranted. Similarly, exclusion of asbestos-containing products from the list in this order does not imply that the Commission will not consider such products in the future. The Commission is continuing to study all products containing asbestos and may request information on other products in subsequent orders. E. Information--Gathering Efforts The Commission is aware that EPA is planning to issue a proposed rule under section 8(a) of the Toxic Substances Control Act (TSCA) (15 U.S.C. 2607(a)) which would require reporting to EPA of specified information by asbestos manufacturers, importers, and processors. The Commission is also aware that certain firms will be required to report information to both EPA and CPSC. In some instances, a firm may be required to report substantive information to both agencies; in many cases, however, a firm responding to the CPSC general order will only need to identify itself (name, address, name of technical contact person, name of product, and name of asbestos material in the product) in responding to the EPA rule. In an effort to minimize the reporting burden on firms, CPSC is requesting firms to report in units which can be used by both agencies. ` Furthermore. EPA has indicated that it will prepare its section 6(a) rule in such a fashion so that any information, other than the above mentioned identity information, which is provided to the Commission under the general order and can be obtained from the Commission, need not be separately submitted to EPA. F. Trade Socrets or Confidential information If a firm believes that information furnished in response to the order is a trade secret or proprietary or KMX 01356 t 84386 Federal Register / Vol. 45, No. 247 / Monday, December 22, 1980 / Notices confidential or financial information under 5 U.S.C. 552(b)(4) of the Freedom of Information Act, or is exempt from disclosure under section 6(a)(2) of the CPSA. 15 U.S.C. 2055(a)(2). or 18 U.S.C 1905, the firm must request confidential treatment at the time the information is submitted or within 10 working days of the submission and substantiate the claim of confidentiality. Requests for confidential treatment will be handled in accordance with the Freedom of information Act as amended, 5 U.S.C. 552. the Commission's regulations under that act 16 CFR Part 1015. and 15 U.S.C 2055(a)(2). In accordance with 16 CFR 1015.18, requests forconfidentiality must' (1) specifically identify the exact portions of the document claimed to be confidential and state the basis for the claims: (2) state whether the information claimed to be confidential has ever been released in any manner to a person who was not an employee or in a confidential relationship with the company; (3) state whether the information is commonly known within the industry or is readily ascertainable by outside persona with a minimum of time and effort: (4) state how release of the information would be iikely to cause substantial harm to the company's competitive position: and (5) date whether the submitter is authorized to make claims of confidentiality on behalf of the person or organization concerned. Information submitted may be released if a written request for exemption is not made in accordance with { 1015.18. The Commission intends to share all data received in response to this order with EPA. This includes information which contains or relates to a trade secret or other matter referred to in rection 1905 of Title 18. The Commission will work out an appropriate security arrangement with EPA for any trade secret information shared with that egency. The Commission believes it has the authority to sharp confidential information with EPA despite the provisions of section 6(a)(2) of the CPSA (15 U.S.C. 2055) which in general restrict the Commission from disclosing trade secrets to other federal agencies. On August 17,1977, the Commission issued an opinion explaining, in another context, its decision to share certain confidential information with EPA. As indicated in that opinion, the Commission regards section 28(a)(2) of the Toxic Substances Control Act fTSCA) (15 U.S.C. 2625(a)(2)) as a limited exception to section 6(a)(2) and as ample authority for disclosure to EPA where the Commission believes such disclosure is appropriate. Section 26(a)(2) ofTSCA explicitly allows EPA access to^all information in the possession of another agency which is necessary for administering TSCA. As indicated above, EPA plans shortly to propose a rule under section 8(a) of TSCA which would require reporting to EPA by asbestos manufacturers, importers, and processors. Because of this soon expected EPA effort, the Commission has decided, despite its ability to share all information, that if a firm specifically objects, in responding to this general order, to the sharing of trade secret information with EPA, the Commission will not share the information with EPA. The Commission recognizes that some firms may wish to provide the confidential information directly to EPA On the other hand, firms which do not object to the sharing of confidential information with EPA will not have to provide the same data to EPA. To minimize duplication between reporting requirements of the two agencies, EPA has informed the Commission that it will prepare its section 8(a) reporting forms so that any substantive information, which is provided to the Commission under the general order and which can be obtained from the Commission, need not be separately submitted to EPA. G. Handling of Information Received Under the Order During the preparation of this order as well as during the period of General Accounting Office (GAO) review of the order under the Federal Reports Act, 44 U.S.C. 3512, industry commenters expressed concern that the release of confidential as well as other sensitive Information received by the Commission under this order might unduly cause business harm. Industry representatives urged that the Commission make determinations of risk before gathering and releasing sensitive business information. The public dissemination of information in Commission files may occur in essentially two ways. First, the Commission is authorized under section 5(a)(1) of the CPSA to ''collect, investigate, analyze, and disseminate injury data, and information, relating to the causes and prevention of death, injury, and illness associated with consumer products . . Second, aside from any purposeful or affirmative disseminations of information by the Commission, the Commission is required, with certain restrictions, to make publicly available, documents under the Freedom of Information Act (FOIA) (5 U.S.C. 552). The relevant restrictions for release of such information are contained in section 552(b) of Title 5 and section 6(a)(1) of the CPSA relating to trade secret and other proprietary data. In addition, section 6(b) of the CPSA, with certain exceptions, requires the Commission to provide advance notice to - manufacturers prior to disseminating information pertaining to specific brand name products and to take reasonable steps to assure that the information is accurate and that the disclosure is fair in the circumstances and reasonably related to effectuating the purposes of the Act. Section 6(b) has recently been held by the U.S. Supreme Court to apply to material disseminated under FOLA as well as to affirmative disclosures. GTE Svlvania, Inc. v. Consumers Union. 100 S. Cl. 1194 (1980). The Commission recognizes the sensitivity of some of the information that may be submitted under this order and has established certain procedures to safeguard the information. Information from reports received under the order will be extracted by a committee of Commission economists, health scientists, and technical information specialists, all of whom will be cleared for access to confidential business information. (See Commission regulations at 18 CFR Part 1017.) The data extracted will be computerized in two files: one containing product identification information and one containing manufacturing and sales data. The computerized files will be decipherable only by knowledge of what data occupies what computer record location (known only to the committee filling out the data sheets and to the one programmer who will generate reports). In addition, the Commission's computerized files will not be available by simple access to the computer terminals but will be maintained as stored data sets with only persons cleared for access to confidential business information able to receive reports. The Commission will abide by the provisions of the Freedom of Information Act and its own statute prior to releasing to the public any information received under the order. The CPSA, at section 6(a)(2) as mentioned above, prohibits the Commission from releasing information which contains or relates to a trade secret or other matter referred to in section 1905 of Title 18. The Commission will follow this provision, except, as noted in the order, trade secret information may be provided to EPA. unless a firm objects. Prior to any release of information to EPA, the Commission will obtain assurances from EPA that any trade secret information KMX 01357 Federal Register / Vol. 45. No. 247 / Monday. December 22, 1980 / Notices 84387 provided to that agency will be held J. The Order confidential by EPA. In addition, prior to any public release of information, the Commission will take reasonable steps This general order iB issued pursuant to section 27(b)(1) and section 5 of the Consumer Product Safety Act (15 U.S.C. to ensure that the information is ...... - 2076(b)(1), 2054). 1 accurate and that the disclsoure is fair (1) The Commission hereby orders ' in the circumstances and reasonably manufacturers and importers of the related to effectuating the purposes of products listed in paragraph (2) to the CPSA. The Commission will also furnish the Commission with * comply with the advance notice information specified in paragraph (3). provisions of section 6(b)(1) as This order applies to all firms that are applicable. now manufacturing or importing such H. Who Must Report products or that have been engaging in these activities since January 1,1978. - JFinnslhaTarendw"manufacteing qrj The order also applies to any firms that importing the products listed farther begin to manufacture or import such prder-mnd^nns that have been l products within a one year period until lpairafacturihg or Importing the products 1 December 22,1981. If particular listed in the order since January 1,1378 J information has previously been &erequired to report Specific submitted to the Commission or the mfomationmn the'us'e of asbestos in the Environmental Protection Agency (EPA) listed products, however, is only sought in response to either agency's Advance for any uses of asbestos in the products where the asbestos material is located so that it is directly exposed to air, including air circulating through the product. (As explained in the order, internal insulation material containing asbestos on wiring and on power cords Notice of Proposed Rulemaking (ANPRM) on Asbestos (44 FR 60056, ' October 17,1979) the information need not be resubmitted. Manufacturers and importers shall state that a piece of information has previously been - submitted to EPA or the Commission under the ANPRM and shall describe and materials in which asbestos is with particularity where the information incorporated into a molded plastic may be found in the earlier submission. substance need not be reported.) In (2) Scope of the Order. This order addition, firms that begin to applies only to the products listed below manufacture or import such asbestos- which are also consumer products, as containing products within a one year that term is defined in the CPSA. period until December 22,1981, are "Consumer product" is defined as any required to report on these uses of article or component part produced or asbestos. distributed for sale to. or for personal To avoid duplicative reporting, in use. consumption or enjoyment of a cases where production or importation consumer in or around a permanent or facilities for products listed in the order temporary household or residence, a have been sold since January 1,1978 by school, in recreation, or otherwise. . one firm to another, one response to this , The following products are subject to . order (either from the new or previous the order ....... ........... -* firm) is sufficient if notation is made in Broilers the response of what firm owned the Barbecue fires starters (electric) facilities during what period of time. All current and previous owners, however, remain responsible for the completeness and accuracy of the data submitted. Deep Fryers Frying pans end grills (electric) Mixers (electric) Ovens and ranges Popcorn poppers ' , L Additional Information Slow cookers Clothes washers and dryers The reporting requirement contained in this order has been approved by the U.S. General Accounting Office under the Federal Reports Act number B180232 (S81 001) and expires on December 22,1981. Dishwashers Refrigerators Curling irons (electric) .Electric blankets Texture paint ' High-temperature wallboard Safes, kilns, safety boxes, filing cabinets, and Failure to respond to the order is a incinerators prohibited Bet under section 19(a)(3) of the CPSA. 15 U.S.C. 2068(a)(3) and, may subject the manufacturer or private labeler to civil or criminal penalties under sections 20 and 21 of the CPSA, 15 Manufacturers and importers of any products listed above which are not customarily produced or distributed for sale to or use or consumption by, or enjoyment of a consumer, or which are U.S.C. 2069, 2070. The furnishing of false specifically excluded from the definition reports is prohibited by 18 U.S.C. 1001. of "consumer product" under section 3(a)(1) of the CPSA (15 U.S.C. 2052(a)(1)) are not required to furnish information under the order. % (3) Information to be furnished. The following information shall be furnished under the order for the products listed above: (a) State the name of your firm and the address of your principal place of business. Specify whether you are a manufacturer or importer of the product concerning which you are submitting information. (b) In products currently ' manufactured or imported by your firm, are asbestos materials used which are located so that they are directly exposed to air. including air circulating through the product? In other words, asbestos materials which, because of the design of the product, are totally enclosed such that the asbestos component is not exposed, even in part, to the ambient air within the product need not be reported on. Internal insulation material containing asbestos on wiring and power cords which is covered by an outer material which isolates asbestos from the air need not be reported. In addition, any product or product component fabricated from a plastic molding compound in which the filler or reinforcing material includes asbestos is exempt from reporting, provided that the component contains at least 50 weight percent plastic resin. (c) In products manufactured or imported by your firm since January 1, 1978, are asbestos materials used which are located so that they are directly exposed to air, including air circulating through the product? In other words, asbestos materials which, because of the design of the product, are totally enclosed such that the asbestos component is not exposed, even in part, to the ambient air within the product need not be reported on. Internal insulation material containing asbestos on wiring and on power cords which is covered by an outer material which isolates the asbestos from the air need not be reported. In addition, any product or product component fabricated from a plastic molding compound in which the filler or reinforcing material Includes asbestos is exempt from reporting,' provided that the component contains at least 50 weight percent plastic resin. (d) If the answer in response to questions (b) or (c) is yes, provide the following information, in the order listed, for each type of product To facilitate review of the information, you are requested to provide the information in charts or by other means that will relate each item of information to a particular type of product. KMX 01358 C4388 Fedand Register f VoL4S,No.2<7 / Monday, December 22.1S50 / Notices . (i) Give adaqoate kkffitfficnttoo information (eug. brand aaaae, styte. model number, production date code number or other available identifying information) for sack predact so a* to identify clearly those specific products containing asbestos. State the number in units (end also in the mawnw reported to the Bureau of the Ceases If yoar fins reports figures to the Bares*) of each type ef product manufactured or imported in 1976. 879, eod SB88 by your firm. Specify dates during which your f: rm manufactured or imported the product -. (ii) Describe bow the asbestos material is used and the purpose that it serves in the produces), incladiag a description of each factors as the location of asbestos material m the product thermal, etertriral, or mechanical stresses on the asbestos material: any intentional exposure of the material to water or the possibility of accidental wetting during cleaning: or cny exposure to an air stream or open cir path. (iii) If you are the manufacturer of the product describe the kind of asbestos 'material used (eg, paper, millboard, textile, or other), aad identify the distributor and manufacturer of the material. pv) Describe (he usual marketing and use patterns of each product identified, including: approximate range of Belling prices or price lists or schedules; promotional materials (to the extent they relate to potential consumer uses): general distribution channels (e.g, wholesale only, catalogue sales only, wholesale and retail); regional distribution patterns (e.g, nationwide, Northwest only); and intended uses, functions, and applications. (e) Identify any possible substitute materials you are using or developing for the asbestos in each product identified (use common, chemical, end `.rade names). Describe (he potential affects, if any, of the use of the identified substitutes on production, cost, prices or sales of these products or on the performance, derabfhty, utility, or other characteristics of the products. Describe the length of time that would be required to incorporate such substitutes in each product (f) (i)(A) Has your firm or anyone on l.s behalf conducted any tests of any of the products identified above to determine whether the products release csbestos fibers during reasonably forseeahle conditions of use and misuse. (B) if the answer to (be previous question is yes, provide a description of such te6ts and a summary description of the results and famish oontplete copies of the test protocols and results. (ii) (A) Do you know of any other testa or studies sot sponsored or conducted by your firm regarding the release of asbestos from the consumer products listed in this order? (B) If the answer to the preivous question is yea, provide a description of such teste, a summary description at the results, and an explanation of where and how the reports say be obtained. (iii) Provide the name, address and telephone number of a person in yoer firm with whom the Commission staff could discuss these tests or testing of asbestos in consumer products in general. (g) Provide the name, title, address, and telephone number of the person filing the response to this order and of the highest level official in your firm responsible for ensuring the accuracy and completeness of the response. (4) Confidentiality ofinformation. Requests for confidential treatment of information submitted will be handled in accordance with the Freedom of Information Act as amended. 5 U.S.C. 552, the Commission's regulations under that act, 16 CFR Part 1015, and 15 U.S.C. 2055(a)(2). The Commission, intends to share all information received in response to this order with EPA, except that firms may specifically object to the sharing of trade secret information with EPA and then this information will not be shared. (5) Time andplace for svbmission of information; obligation to keep information carrent; obligation to submit new information. The required information shall be submitted to the Office of the Secretary, Consumer Product Safety Commission, Washington, D.C. 20207 so as to be received on or before February 20,1981. The response shaH be signed by a responsible executive officer of the firm. Failure or refusal to respond to this order is a prohibited act under section 19(a)(3) of the CPSA (15 U.S.C. 2068(a)(3)) and may subject the manufacturer or importer to civil or criminal penalties under sections 20 and 21 of the CPSA (15 U.S.C. 2069. 2070). The furnishings of false reports is prohibited by 18 U.S.C. 1001. Any changes in the information shall be submitted within 30 days of the change, until the expiration of the order on December 22,1981. This provision applies to manufacturing or importing new products containing asbestos as well as to any changes in existing products. (15 U.S.C 2076(b)(1). 2054. 2068(a)(3). 2069. 2070] Dated: December Id, 1980. Sadjre E. Dona, Secretory. Canmmier ProdactSafety Comanieeioa. |FRDoco-a-- WMn a Mi| amwta coot etse-et-o t * KMX 01359 *"5 a^ .wijuj ry ----- woaskSyoaa like to know if any changes have been made in certain titles of the CODE OF FEDERAL REGULATIONS without reading the Federal Register every day? If so, you may wish to subscribe to the LSA (List of CFR Sections Affected), the "Federal Register Index," or both. 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