Document M64qkGoQ64MGpokZQjm6KVEx

PLAINTIFF'S EXHIBIT \s united government Memorandum U.S. GONSUk'lER hroduct SAfT;Tv co.v.rv-,is:on WASHINGTON, O.C. PGGOT The Commission TO /?*< date. May 23, 1977 Through: Office of the Secretary Through: Margaret A. Freeston, Deputy General Counsel Deotricc C. Prthin, OGC ( ( bl subject. Asbestos -- Proposed Ban The attached is a very rough draft of a proposed ban under section 8, CPSA for consumer patching compounds and fireplace ash containing respirable, free-form asbestos. The draft is transmitted for review prior to the staff briefing of the Commission on Wednesday, May 25, 1977. Although this draft is composed of materials contributed by various bureaus and offices, none of these staff units have had an opportunity to review this draft. Several bureaus and or frees have not completed the materials to be cont ributod to this proposal. In addition the format of t he notice is not firmly set. The purpose of this draf t is to give the Commission an idea of the scope of the proposal, to raise questions, and to obtain guidance f rom the Commission on further preparation of the propo sal. In reviewing the draft, the Commission will note that among the matters needing Commission guidance are: (1) Effective date - BEA is currently exploring application of the ban to goods manufactured, 30, 180 and 3CC ciays after publication of a final rule. A retroactive ban is also possible. (2) Definitions - It may be that several more products could be defined as consumer patching compounds. (3) Banning criteria - Technical information is needed on how to detent and/or test noncomply i r:g consumer products. (/1) Comp] iauce strategy - Commission guidance is needed on measures vo'bc usaa for determining specific products that mev he covered by the proposed ban. Under section 27 of Die CfT-A the Commission can obtain information r.OVi EKVrNl fMIMlNC. Ofn . |>i/4 111 $l/i SGP 0009213 2- - 1 I"ouch-general orders , _speci.oJ. .orders (tn.namor]. wrnons) c.'ihpoenas, and rulemaking. In addition to determining ''it') jnanufacturos the products proposed to be banned, 1 lie Commission may use information obtained under section // as to what other products contain respirable, free1'irm asbestos. (5) The Rethesda Office will transmit backup Information developed by the staff as soon as possible. hi l.achment W > . Mil mm Minin >1 Ui ' WM SGP 0009214