Document jJz6mVQK55Y7OMbEJ5Z40xgQ

IT-8250 FRIDAY, JULY 29, 1977 PART V CONSUMER PRODUCT SAFETY COMMISSION N RESPIRABLE FREE-FORM ASBESTOS Proposed Rulemaking BON - 01241 EXHIBIT <o| r V1 _T I AcAjocc: 38782 ' PROPOSED RULES CONSUMER PRODUCT SAFETY The Commission Also believes It Is Ui recognizes that automatic repurchase of COMMISSION the public Interest ter regulate three banned hazardous products would not products under the CPMA since It may be available, as It Li In the case of a ban t 16CFW part 1145 ] lie more difficult tor Interested persons under the PHSA Under section 15 of respirable free-form asbestos to participate In rulemaking proceed the PHSA 15 U.8.C. 1374. and the acings under the V-'HdA than the CPSA coraponylng regulations at 10 CPR 1500. Proposed Rules to Regulate Consumer because the proceedings under the PHSA 203 and .203, hazardous substances that Patching Compounds and Artificial Em- ore likely .to be more complex and have been banned must be repurchased berlzing Materials (Embers and Ash) formal, by the manufacturers. distributors,, and Containing Respirable Froe-Form Asbes In order to ban hazardous household retailers of the hazardous substance, re tos, Under the Consumer Product Safety substances under section 3(h) (1) (B) of gardless of whether the substance was Act , the PHSA. the Commission must follow banned at the time of Its sale. In eon- AGENCY: Consumer Product Safety the provisions of section yoi(o) of the trait, a bon under section 8 of the CPSA Commission. Federal Food, Drug, and Cosmetic Act that bans products distributed to com action-. Proposed rule. CFFDCA), 31 USD. 371(e), Section merce on the effective date of the ban 701(e) of the FFDC'A provides for a two would not provide for repurchase of the SUMMA.?.?: The Commission proposes stage rulemaking. After the Commission banned hazardous products distributed to regulate consumer patching com proposes a regulation, analyzes com to commerce. 4 pounds and artificial ecu berlzing ma ments, and Issues a final regulation, ad terials (embers and ash) containing versely affected persona may submit ob Pvopo.nr. respirable free-form asbestos under the jections to the rule and request a public The Commission therefore proposes Consumer Product Safety Act (CF3A) hearing on the objections. If the objec below, to regulate consumer patching instead of the Federal Hazardous Sub tions are legally valid, those parts of the compounds and artificial embertztog.uia- stances Act (PHSA, to address the risk regulation objected to are stayed and a terials containing respirable frce-fjjrm of cancer associated with Inhalation of hearing is held to receive evidence that asbestos under the CPSA Instead o asbestos libera. According to the CFSA, is relevant and material to the issues FHSA the Commission may not regulate under raised by the objections. Accordingly, pursuant to provlslo) the CPSA a risk of injury that could bo After completion of the hearing, the the Consumer Product Safety Act. eliminated or reduced to a sufficient ex Commission may Issue a final regulation. 30(d). Pub. L. 92--573, 80 Stat. 133 tent under the FHSA unless the Com However, this regulation must be based amended 90 Stat 510; 15 U.3.C. mission finds by rule that it la to the only on substantial evidence of record (d)), the Commission proposes public interest to do so. The Commission obtained at the hearing, and must set Title 18, Chapter H, Subchapter B, has preliminarily found that It i to the forth detailed findings of fact on which 1145 be amended by adding the to' public interest to regulate these products the order is based. The Commission's in* new ! 1145.4:1 under the CPSA ' DATES: Comments concerning this pro posal must be received by August 29, 1977. ADDRESS: Comments" should be sent to: Office of the Secretary, Consumer Product Safety Commission, Washing ton. D.C. 20207. FOR FURTHER INFORMATION CON TACT: . John Llskey, Office of Program Man agement, Consumer Product Safety Commission. Washington, D.C. 20207 (301-492-6557). SUPPLEMENTARY" INFORMATION: The purpose of this notice Is to propose a rule under section 30(d) of the Con sumer Produce Safety Act, (CPSA, 15 US.C. 2079(d), to regulate consumer patching compounds and artificial em- berlzing materials containing respirable free-form asbestos under the CPSA Although the risk of injury from lung cancer and mesothelioma associated with these products could be eliminated or reduced to a sufficient extent by ac tion under the Federal Hazardous Sub stances Act CFHBAJ, 15 U-3.C, 1281-' 1374- the Commission has preliminarily determined that it is in the public in terest to regulate these products under the CPSA .. The Commission believes that It Is to. the public Interest to regulate these con sumer patching compounds and artificial emherlztog materials containing respi rable free-form asbestos under the CPSA rather than the FHSA doTM the rulemaking proceedings appropriate to regulate these products under the FHSA are likely to be lengthy and resource past experience with formal rulemaking under section 701(e) has been that these proceedings . are lengthy, resource-con suming, and often inefficient to eliciting information cm which the Commission may make a decision. ;1 In contrast, section 8(a) (3) of the CPSA requires bans to be Issued in ac cordance with the informal rulemaking 3 1145.4 Consumer patching compog containing respirable free-forraa'**- beatoa; risk of cancer intedy inhalation of aabestoa fiber*. The Commission finds that It Is : public Interest to regulate the cancer associated with Inhalation i bestos fibers, from consumer pah drCpumpoopscaivvA9nueiuornifrrur(PodtoelooaabelerdebSvnercevvda)lreemlelAoeiieiina(csrndmi2ssAaplenisgiioust)krrnkxpmescteennoehitgadncneitqssdespleuorgoynuenetp(pamnoiis5.inttrcnreotnsdiFfetopvsiIrfra.rpeUsHsnoeletetetbauoahori.rcSqoxeSddnmnetbttauhsAinifees.oitoodaCeiteaa,ql,Arynanrndce.uileinydrn.dtifdCaStteia,5oomhicItoIpqonsf5seornselonuutmaidi3fsnnoolr,dier)uotrcmm8rin.tChsseiiasiepnnusoceitdaoAilsoprggnitntmapsplilfhCocliaititrkcabteeoamzrhiPedthovettnyheouisvSCianebtloseuyhneesnAaostnsgfeouirPninmotetoCahmytwotr.frchnaamporpPmetohotrctrrtfiISiiorihhonoosmsiaeoasilAnseeeerl,nt,-::'L.(;(-.I.puTitpduiacmccFcsnnho.laoooeenlceatbeeaTTuuemnmrndtdtlfkhsnheryaftetpeipeirSdeFehdcnlbraotslsarleiiaeeegoeseueetCuldcefxftnncsnfenapCeoodiHodgtttttudrmrhyruyoPsnotaaserephencmuteSlz,reayrAadeulaudAeir,itHneesnocnrshclemdseddroadtfioermsnoiimenzaeonntigurtCharssafnskrghaaaoseoryuPisedatknbrtauthmsShmooiCgmilSrunsbelaeuceAinPougteaarppsevrydabSklr-CaabitpseotcetooASpehriyotrrocleftaoalauaineIinncteactbtbsoshnesccivevpuhsideufdeehleotimaaimssutianidifyn:ttldnfneglheiitinngiAccrshden.boggeuegcoef;si.f;lt;n'j'ti^lj'llt. than If the rulemaking is conducted .. (Boo. SO(d), Pub. to 92-S7S, SS Stat. 123$ under the FHSA ; amended. 90 StaL 510 (15 CB.C. 3070(4" . The Commission has also preliminarily:-fc;IT.:".5 Emberiring material* (crab determined that it: is to the public in Tv aud aah) containing rcepirabie !t9 terest to regulate consumer patching form aebcstoc; risk of canccr compounds and artificial emberizing eiated wilh Inhalation of aefc materials containing . respirable free iyj'. fibers. , form asbestos under the CPSA rather than the FHSA since the CPSA unlike the FHSA provides that persons who knowingly violate the Act are subject to The Commission finds that it the public interest to regulate the l of- cancer associated with tohaiatio civil penalties. The civil penalty provi asbestos fibers under the Const) sion may provide additional Incentive for Product Safety Act rather than und compliance under the CPSA However, if the Commission does de tSorreom. Rarer Part 1143 coo.dad.-.--I cide to regulate these products under IS 1145.1 and D46J.was proposed at 41 S33- (August 10, 1973). Section. 1145.3 consuming. section 8 of the CPSA, the Commission proposed at 42 RR 35984 (July 13, 1977). FHKIUl 2EOI51E*, VOL 42, NO. U4L_fj<|OAr, JUW 2V, 197y 80N - 01242 a q > c s `0 9 C' a c t C e e t t ( r c t c I < ( i 1 ( PROPOSED RULES 38783 the Federal Hazardous Substance* Act because of the desirability of avoiding possibly lengthy, rraomce-convnralng, and Inefficient rulemaking proceedings under the Federal Hazardous Substances Act and because of the availability of civil penalties under the CPSA. The Com mission also believes that tile complexity and formality of the rtdemaldn.gr pro ceedings under the FHSA. in contrast to rulemaking proceedings under the CPSA, may make It difficult lor toter ested persons to participate. Therefore, emberiztog material containing respira form aubeotos, the proposed effective dato Is 30 days after publication of any final banning rule. Written comments on the proposal must be submitted by Au gust 29, 1977. There will be all opportu nity for Interested persons to orally pre sent data, views, or arguments on Mon day, August IS, IB77 at 10 am., at the Commission hearing room, 3rd Floor, 1111 18th Street NW., Washington. D.C. Those wishing to make ora] presenta tions should notify the Office of the Secretary by August 8, 1977. ' (2) For artificial emberizlng materials Mon had Investigated as a cotssumerecmptatot, was Joined by toe Knvtromnenuil Defense Fund QEDF), Tire Commission designated the requests a petition to ban artificial emberizlng materials contain ing respirable free-form asbestos. Tills product la used on artifllcal logs and on fireplace floors beneath them to simulate live embers and ashes. (The parenthetical numbers listed be low are citations to a tot of documents consulted by the staff; the list appears below just before Conclusion and Propo sal.) - ble free-form asbestos shall be regulated under the CPSA. , containing respirable free-form asbestos, the proposed effective date is the day of 'The Commission has granted these petitions regarding asbestos, based or, in (See. 30(d), Pub. U. to-ATJ, 86 Stt.'lS31 ul publication of any final banning rule. formation discussed more fully below. amended, 90 Btai. 610 (15 XTAC. 2070(<t)l) Written comments on the proposal must, The Information consists, primarily, of Interested persons are Invited to sub mit, on or before August 29, 1977 written commend regarding this proposal Writ ten comments and any accompanying data or material should be submitted preferably to five copies, addressed to the Secretary,. Consumer Product Safety Commission. Washington. D.C. 20207. Comments' may be accompanied by a memorandum or brief to support thereof. Received comments may be seen to the Office of the Secretary, Third Hoof, 1111 18th St. NW,, Washington. DJO. during working hours Monday through Friday, Dated; July 26, 1977. . . BamxiirH. Butts, : . Assistant Secretary, Consumer Product Safety Commission, I PR Doc.77--21B43 Piled 7-23-77; 0:45 am] be submitted by August 29, 1977. There data on exposure of industrial workers to will be -an opportunity for Interested respirable free-form asbestos (6) and persons to orally present data, views, or also occasional exposures of families of arguments on Monday, August 15, 1977 workers and others to locations where at Ifl am. Those wishing to make oral free-form asbestos might be- prevalent, presentations should notify the Office of as well as to other location (47, 31, 30). the Secretary by August 6, 1977. ' Information on exposure of the public to ADDRESSES: Written comments should be submitted to the Secretary, Consumer Product Safety Commission, Washing ton. D.C. 20207. Persons wishing to make oral presentations should contact Rich ard A. Danca to the Office of the Secre tary 202-634-7700. Alt material which the Commission, has that Is relevant to this proceeding, Including any comments that may be received cm this proposal, may be seal to. and copies may be ob tained from the Office of the Secretary cf the Commission. 3rd Floor, 1111 18th Street NW, Washington, D.C. - free-form asbestos contained in tadivid- ctool consumer products la limited. How ever, there Is general scientific and medi cal agreement that there is no known threshold level below which it Is safe for people to be exposed to respirable free form asbestos (35). Therefore, based on the available information the Commis sion has decided to propose a ban of these two products. In addition, information cm other consumer products that may contain respirable free-form asbestos will continue to be developed to order to determine whether further regulation is necessary. '1 . [ 16 CFR Parts 1304 and 1305 ] ' RESPIRABLE FREE-FORM ASBESTOS Proposal To Ban Certain Patching Com pounds and Artificial Emberizlng Mate rials (Embers and Aah) AGENCY: Consumer .Product Safety Commission. 1 . FOR FURTHER INFORMATTON CON TACT; . John lAskey, Office of Program Man agement, Consumer Product Safety Commission, Washington, D.C. 20207 (301-492-6557). . SUPPIFMFNTARY INFORMATION: The Commission has received the follow - The petitions, relevant'scientific and technical Information, and Commission conclusions are more fully described be low. - Although the three petitions were filed under the Federal Hazardous Substances Act (FHSA), 15 U.S.C. 1261, et seq,, and it appears that the risks of injury from lung cancer and mesothelioma described ACTION: Proposed banning rules. ing three petitions requesting the ban by petitioners are regulatable under the SUMMARY: In this document, the Com mission proposes to ban two consumer products containing asbestos that can be Inhaled (respirable, free-form asbestos) : Cl) consumer patching compounds used to join or repair Interior walls and ceil ings (miring of the product before It la applied and sanding of the product after It Is applied releases asbestos fibers that can be inhaled) and C2) artificial em- berizlng materials (embers and ash) made with respirable free-form asbestos for use to fireplaces to simulate live em bers and ash. Based on information dis cussed in this notice, the Commission be lieves that certain types of cancer may result from Inhaling asbestos fibers re leased during the use of these products. Part A of the.preamble to this docu ment deals -with the general charac teristics of asbestos that are applicable to both products proposed to be banned. Part B deals' with consumer patching compounds. Part C deals with artificial emberiztog materials, ' DATES: U.)...For .consumer patching ning of consumer patching compounds and artificial embertzlng materials (em bers and ash) containing respirable free form asbestos: HP 7S-11: On July 15,1976, the Natural . Resources Defense Council CNRDC) and Consumers Union (CU) petitioned the Commission under the Federal Hazard ous Substances Act (FHSA) to ban con sumer patching compounds containing asbestos that are used for drywall taping, apackltog and sealing of points. The peti tioners believe that high quantities of asbestos fibers remain to the air after "these products are sanded and the the fibers substantially Increase the risk of mesothelioma and lung cancer. HP 77-9: On February 9,1977, the Pub lic Citizens Health Research Group (HRG) petitioned the Commission under the FSHA in part to declare that patch ing compounds made with tremolitic talc containing asbestos fibers (tremolite asbestos) are banned hazardous prod ucts and an Imminent hazard to the pub lic health. , . HP 77-11: On .April 15, 1977, a request FHSA. the Commission proposes to ban these products under the Consumer Product Safety Act (CPSA), 15 TT.S.C, 2051, et seq. Section 30(d) of the CPSA, 15 UJ3.C. 2084(d), as amended, provides . that a risk of Injury associated with a consumer product which can be elimi nated or reduced to a sufficient extent by action under a transferred Act, such as the FHSA, may nevertheless be regulated under the CPSA if the Commission, by rule, determines that regulation under the CPSA Is to the public interest. Also published to this Issue of the Fudexu. Recistzk are proposed rules issued to accordance with section 30(d) of the CPSA stating the Commission's finding that it is to the public interest to ban the products described hereto under the CPSA. '- " ' Port A. Backcrouki ' ' "Asbestos" Is a general term tor any of several varieties of mineral fibers com posed of silica, oxygen, hydrogen, and other elements such as sodium, calcium, Iron, or magnesium.' The name is de compounds .containing respirable free from Ms. Rachel Scott, that the Commis- rived from the ancient Creek torn lor FEDERAL REGISTER, VOL 42, NO. 144-----FRIDAY, JULY 2V, 1977 BON - 01243 38784 PROPOSED RULES "Incombustible". There arc six basic va termined for animals or humans, and with shorter latency periods, variations rieties of asbestos minerals which are minimal exposure levels required to among Individual cases make it Impos found to fiber form: chrysotUe (the most cause disease art) not known. sible to predict the latency period for common variety, and that ordinarily 6. Malignancies can arise 20 years or tire risk of any particular person. found to asbestos-containing products), amosite, cxocidollte, aoUnollte asbestos, tremoilte asbestos, and anthophyllite as bestos. Most of the world supply of com mercial asbestos Is chrysotlle, the fibrous form of serpentine. - Asbestos minerals all have nonfibrous more after occupational exposure; how CUolcftl data are becoming available ever, they also reportedly result from In concerning asbestos lung scarring in In direct, non-occupatlonal exposure. dividuals exposed tit levels much lower 7. Available data Indicate that as . than ' those of occupational circum bestos Is n widespread environmental stances. Among 210 family contacts of pollutant- former asbestos factory workers, 38% .Tire most common diseases that might have been reported to have X-ray counterparts of the same chemical com result from asbestos exposure are: changes characteristic of asbestos ex position and crystal structure which are 1. Asbestosls: .a diffuse, Interstitial, posure (Anderson, SelikoU, Lilts and more abundant and widespread than the nonmolignimt, scarring of the lungs; Damn, 1075, (1)). asbestlform variety but the crystalliza 2. Bronchogenic carcinoma; a malig In humans, the latency period for tion of these normally nonfibrous min nancy of the interior of the lung; chemical carcinogens may well extend erals Into fibrous forms is a rare occur 3. Mesothelioma; a diffuse malignancy from 20 to 10 years or more. Analogous rence to'nature. (June 3, 1077, CPSC/ of the lining of the chest cavity (pleural latency periods have also been demon Health Sciences, (7).) . : . . . mesothelioma), or of the lining of the strated in animal studies. This means Asbestlform minerals are 'generally, abdomen (peritoneal mesothelioma); that the disease may undergo a long pe characterized by the following proper 4. Cancer of the stomach, colon, and riod of development before a tumor is ties: their ability to be broken down into rectum. ' '. .' actually detected. . smaller fibrils; great elongation; heat Asbestosls may be evidenced, in its ad Cancer development may be influenced resistance; resistance to blotransforma- vanced stages, by characteristic manifes by such factors os the differing suscepti tlon; flexibility; high-tensile strength, tationa on X-ray films, by restrictive bility of various body organs-In animal and splnnabllity. . . ; pulmonary function, or by clinical signs studies tt has been found that Individual Diseases Belated to Asbestos Exposuhe of finger dubbing or rales (dry, cracking sounds within the lung). Its most Impor variability in response to carcinogens It great depending upon factors such os It Is Important to note that-the as tant symptom is dyspnea., or undue age, sex, hormonal status, diet, and bestos content of a given product Is not shortness of breath. The disease la pro genetic factors. Thus, individuals bio necessarily the sole criterion of that gressive, even in the absence of further logically compromised may be more sus product's relative health, risk,' for to nu exposure, as those Inhaled fibers which ceptible than other groups. ; . merous products the fibers are tightly have been trapped within the lung con bound or are encapsulated In the prod tinue their biological action. In its severe . Cancers Associated With Asbestos uct composition. A potential health risk forma, death results from the Inability In December 1872, Important new In occurs when asbestos fibers become air of the body to obtain requisite oxygen or formation on the spectrum of asbestos borne. such as by mixing, sanding, or from the heart's failure to pump blood cancers was presented at the Conference cleanup operations when using patching through the scarred lungs. on the Biological Effects of Asbestos, compounds. A single Individual engaged Mesothelioma tumors are diffuse and sponsored by the International Agency In such a process may be exposed to po spread rapidly throughout the cavity of for Research on Cancer of the World tential asbestos fiber Inhalation risk and .origin. They have yet to be successfully Health Organization. At this conference, may also cause exposure of other Indi cured by any type of treatment, Includ and subsequently,' data on large groups viduals to the vicinity. . ing chemotherapy, radiation, or surgery. of asbestos workers became available Certain malignancies are related to Death usually results within a year of ' (Sellkoff. Hammond and Seidman, 1973 exposure to asbestlform minerals. Both diagnosis. It may account for one death (41); Enterline, de Coufie and Hender animal bloassay data and epidemiologl-- in several thousand in the absence of an son, .1972 (12)), As expected, the high cal studies support this conclusion. environmental or occupational asbestos risk of bronchogenic carcinoma and All commercially available forms of exposure. In some groups of asbestos mesothelioma persisted among groups of asbestos which have been tested are car workers, it may account for one death in factory workers. Moreover, these later cinogenic In mice, rats, hamsters, and rabbits OAKC, 22). ~ Some conclusions from a Review (Huff, 21) of the major literature on asbestos are: ' ' . ten. Once established, the other asbestos- associated cancers differ little from those occurring In the genera] population, al though there may be variations in the lo studies confirmed the excess gastrointes tinal cancer that had been suggested earlier, and extended the spectrum of asbestos related canCers. . (1) Lung cancer. The most Important 1. Under experimental conditions, as bestos Is pathogenic In animals. Asbestos Is known to be carcinogenic In humans, causing lung cancer, mesotheliomas, and cation of the primary site. Appropriate . treatment and prognosis follow for the particular tumor. There is very limited long term survival from lung cancer cancer afflicting asbestos workers Is cancer of the lung, although meso thelioma has attracted considerable at tention because of the high frequency pleural lesions'. . 2. The mechanisms' of pathogenicity are poorly understood. The etiological significance of fiber size or type Is con troversial, mid the physlochemical prop erties of various asbestos types as re lated to biological effects are incom pletely defined. . therapy; and only somewhat better from among asbestos workers and Infrequent treated cancer of the-colon or rectum. ' .occurrence in the population as a whole. Asbestosls and asbestos cancer, In many groups of asbestos workers, whether It be lung cancer, pleura] meso approximately 20% of all deaths are thelioma, peritoneal mesothelioma, can caused by lung neoplasms. This has been cer of the stomach, colon, or rectum usu true both among asbestos product fac ally do not become clinically evident un tory workers (Sellkoff, Hammond and til more than 20 years have passed from Churg, 1972 (42) ; and Nicholson, 1376 `3, Little Is known about the clearance onset of exposure. The long latency pe (35)), and among users of these products rates of asbestos from tissues, the trans port of asbestos within the organism, or riod is now widely recognized. While some such cancers may appear (Sellkoff. Hammond and Seldman, 1973 (41) >. The exact percentage varies with the metabolic alteration of asbestos In the body, - -. . during the second decade following onset of occupational exposure, peak Incidence circumstances of exposure, age of the workers, duration of the workers' expo- 4. Animal models necessary to ac Is often not noted until 20 years or more sure and, perhaps most of all, according curately predict the potential effects of from Initial exposure. This is true both to the duration from the onset of their asbestos In humans have not been de with regular, long-term, brief or Inter asbestos work history. In addition, the veloped. - , mittent exposures. While variations tn last several years have seen the discovery 5. Quantitative dose-response rela the time of occurrence may depend upon of another critical variable affecting the tionships between asbestos Inhalation Intensity and duration of exposure,'with Incidence of lung cancer among asbestos and related diseases have not been de heavier exposure often being associated workers. In 1988, Sellkoff and Hammond HEDERAi ISGISTSt, VOL. 42, NO. U4--FEiOAr, jutr 29, 1977 BON - 01244 J'flOPOSIHD SULES 2&7SS (33) reported that lung cancer was not ldsntftcsntly tnerretwed to .incidence among asbestos workers with no history of etourette lamoking; aoJ though when ucfa history -was prwjit,'tte tocidenoe of lung- -oaneer torresacd. markedly over what -would be -expected ant one other cigarette amokerc. .to the absence of as bestos .exposure. Thus, these scientists calculated that -an asbestos worker who workers. A number of studies now Indi cate that the Increase to an Hie order of two or three times the number of ex pected tumors. iBeUkoff, Hammond told Bwllman, 1973, <),Tames and Simpson. IS71 li))). Although this tnertrsaed risk is -relatively limited, -especially -when compared with lung cancer and neo- theliom&.'lt is -nevertheless of consider able Importance since * two- or'three - '1 ' Hflllomxl -ll-----<' of Occupational Safety and Health CNTOBD mrlled toavfiy an 'the British stixmsm m jts mommendatlon tor jyranulnatian ot the asbestos standard act by OSHA in mz eubseguent to the impteinwttatlan of the OBHA-pemnuient ssbesres .romdard tn 1972, rosulto of a new evaluation of list earlier British twctoiy worker popu lation showed many --abnormal 'X-ray rmokBd cipcreiaes had All times the risk fold -toerease in soch common tumors ftndtogB of the lungs and pleura. of -dying of tank cancer, as -compered becomes an important cause of death for It is reported that there is am -srs With like tndlvld-uals without- cigarette smoking or asbestos "work. This finding the workers involved. It bos -been suggested that other ewseas hmg cancer -mortality rate among workers who 'become employed at Die has .been confirmed 'try larger studies tumors are ahio increased in incidence textile mill after 1B33 and-wbooe luck of (Hammond and .Belton. 1973 0.7)) among -asbestos workers, particularly dinlcsd or X-ray -evidence of osbestosb where, again, It won found that non- cancers of the larynx (StcII and McGill. kd to the development of toe British as Bmoking asbestos workers had tew lung m3 (45); Newhoase and Berry, 1973 bestos standard. , '. . cancers while those -who -smoked .had OMH, and off "the-esophagus rSeltkoC, ..Another report of an ongoing study of much more lung cancer than would have HornnHiud, -ami Scidnmn, 1773 141)). workers (and their tandly members) -In been -expected had Urey not been as However, -data concerning three neo a lactray producing nmostte asbestos be bestos workers. Calculations suggest that plasms are leas extensive than Tor tang tween 1941 and 1954. when 'the factory ctearette-amoklng asbestos workers have ramcer, mesothelioma and gastro-tatesti- dreed, has shown a high incidence of aprportnmtely eight times the risk -of nal cancer and further experiences are X-ray shntrrmalltics and 2 pleural meso . developing lung -cancer compared to awaited. Tn any cose, they are not very thelioma deaths have thus far-been iden other cigarette smokers who are not oc common tumors tn general and any in tified. G). cupationally exposed to asbestos. crease does Pat weigh heavily on the ' It -is also retxirted that clinical data (2) Pleural and peritoneal mesotheli - over-ill cancer risk of asbestos worfcens, are becoming -available cancerolug m- oma. In 1960 Wagner. Staggs and Marchand <471 -Hemonstrated as . important -OCCOTJCnOHAL TExrOSXHUi bto6 Ixxas scarring In individuals ex~ poeed .ai .much lower-than Dccupational association between asbestos exposure Reports of pulmonary fibrosis or long levels. (Anderson, (1) 1. - - - - and pleural mesothelioma. This cancer, scarring. (from 'inhalation of asbestos It therefore appears that on exposure which appears to be -unrelated to smok dust In-factories began to appear tn the thought sufficiently low tto ireduce 'the ing, had previously been considered to be literature in the early part of this osn- riek .of oabesitoKlJ! .has not prevented a very rare .-tumor. Numerous -reports tury.snd by 1927 this hmg rscoxring dis pathogenic t-.ha.ngea. Including.lung can have confirmed the finding of Wagner ease "W* -known -as ""asbsstosls" CNerw- cer and inetothelioina. (Anderson, (1)). and his -colleagues that mesothelioma can he commonly associated with -as bestos exposure.. -A krtiboetfuent report by Brrticfcnap and Smither, -Ik64. (13) -con hnuae, 31).). .' :1a 1930, the British Hone -Office Sur vey toy Merewethier and -Brice <28), found that approximately half nf a won-occupaknwBXL, remijxcr oocuva- pxaHAi,' xxrosmo:, jov xyracaitonxirr -or BKixr sxpoxmtxs . . cerning workers in a British asbestos population of asbestos .factory workers Recent data indicate the occurrence of factory demonstrated that the .tame tumor could be commonly found In the were suffering from pulmonary .fibrosis, leading -to the introduction of -the As asbestos cancer trom exposure to low levels nf asbestos, an in ermronmentil , abdomen (peritoneal mesothelioma), as ' bestos .Factory Regulations .-of 193.1. -The circumstances, nr from brief or inter ' well as inthe chest. . .. . , objective of the .Regulations, Imple mittent exposures to higher levels, ' The exact risk of death -of .these In variably fatal neoplasms has not been os weD defined as has lung cancer, although recorda of cases from hospitals near one large asbestos factory Indicate that it must be very common (Barrow, Conston, Livomese and Schalet,IV51, (3)). infor mation available from The experience of asbestos insulation workers suggests that approximately five to seven percent of deaths may b>e due to this meoplasm (Hammond, BeltoS ond Churg, KIT); SeltofI, Hammond and Beldmsm,1973, (41) l.'Man -recently, tt has been sug gested that this .estimate Is too low, on the basis of the experience ol -worker* in a British asbestos factarywbere calcula tions predicted that between 10 told 11 percent ef deaths would be due to meso thelioma (Newhouse -and Berry, 1075, (30)). . ..... . A recent study o?-mesotheliomas ding- nosed in. & hospital located In the vicinity of a-shipyard reported on increased Inci dence -of -diffuse malignant mesothelioma since "World War H, not only among ex posed shipyard workers.-but also among indMdrnsls with -no -occupational expo sure, (Hasan, CM)). C3) iGastao-Intestinal cancer. Gastro intestinal emests fcancer of the stom ach. cotam -and Tectum) ere also inereasEd in .incSdenre ' among asbestos mented in 1933.-was to reduce the risk of acbestosia. 1 '. It was recognised, however, that In addition to asbestos-Induced lung scar ring, -there was also increasing evidence of -cancer associated with asbestos -ex posure.-Some workers whose deaths were attributed to osbestosis were -also found to have had hmg cancer. (Nicholson, OS)). ' By 1960, through eplderoicdogicol studies, an association between asbestos exposure and meoothelhna bad -been demonstrated (Wagner (47)) and was soon substantiated .by additional -epi demiological attudles CNewhouse (31), Sellkoff (37)) and clinical diagnosis. In 1968, the Committee of the British CtaenpaHonnl Hygiene Society evaluated worker -exposure data tn a large asbestos textile mill dating from tmplemsntation of -the Asbestos Regulations xxf 1933 which indicated that there -was -"cccnpenttively little elinfcsl -and/or .rnentgeootogical -evidence -of ,*sbestoelsJ` -at that factory h* a mw completed in 1966. Based on-fitat tiata, the Committee oanduded by setting a dnst exposure lertl st fifiO -fiber-yeara/mi -<or ,1 fibers/mntor SC years) ft -would -provide a full working- dtCetime without sabaton- tisl risk of developing -asbestoste. -(OBHA. OT$, ):> . In 'Inhalation exposure experiments, rats exposed to asbestos dust were re ported -to have developed tumors, in cluding mesotheliomas, from as little as a single 7 hours exposure (48). Analysis of the blstory d aabestos ex posure among Individuals tn-alarge series of rases of mesothelioma. In Great Britoto and South Africa have provided evidence that brief nr Intermittent -exposure to asbestos may, after the passage of dec ades, result in mesothelioma (Greenberg and Davies, 1574 116)-, "Webster, 1373, (49)). In Mich circumstances,.It -appears that the lifetime -exposure wa less than 180 fibera-yenrs/xnL .The oame discrep ancy between present projected expo sures and the.risks of asbestos canoer-ex- tete when-considering eases of.mffiotheliama rcaulttog from household -contact with asbestos among members <x fami nes or asbestos -workers Gdllington. 1974 C2S3 ),, or among residents .iiviag tn the vtetolty <C asbestos .-plants. -Of consider able Indastrlai importance has been the ----- ,_-rTfc I .1 ojXHsng wtrtpiTnfldtror and ship .repatr -rerfcerx-few f -wham actually work with ttsbastos. but namy nf whom were, in the past, haadvnrteaitiy exposed io .the .as bestos dnst resulting from the use .of asbestos products by .a Telatlveiy tew ofTbclr wuitimttgs.'Xa T98S, Haxrits nf FEDSXAl SEGISTft. VOL 4S, NO. 1.44---- HUD AY, JUtY J7, 1777 BON - 01245 i'- n )/ 38786 PROPOSED RULES the Royal Nary (19) reported cases of. duration of Dine * * " The authors H, 1975 (.55), Dr, H. F, KrayblU, Chair mcaothelJoma among ahlpyord workers suggest that the use of spackllng and man* states that: at the Royal Navy dockyard to Deven- port, In trades which did hot directly In volves worker exposure to asbestos, but other patching compounds (in mixing, and sanding and cleanup operations) may expose tire user and other members InvN*tlgxtoiii in tlie rttid of <kxibt*d tb* *x1ato.a ct t* i&ttataoid tot % c*rcinogtm cor at tatust hurts amlnt*inert In which there had been occasional op of the household to " * * significant that thorn are no *,ccspUblo procoduron Jor portunity tor exposure merely by virtue concentrations of asbestos". ' OAotywmont of *> oafn-dewo for a ctuxlno^ou of working in the same areas. This origi nal finding has been widely confirmed and numerous cases of mesothelioma have since been reported In former sldp- Asbestos In the household presents a great risk due to tire presence In toe household of persona, such as children, who may be particularly vulnerable to (l.e. thjwahoicl), Tfoua, It h*f> bo-on concluded that It is not fes-aibi to prov or lUsprove the presence or a.beanco of &. threshold-dose through, downward ftxtrnpol&tSoii from the doae-renpona^ curve in reborn of delectably ' yard workers (Whitewell and Haw cliffe, carcinogens. It Is generally observed Rigxililcant doo&gn. Tito conservatism In this 1970 (SO)); McEwan et aJ. 1970 (27)); that, because of toe long latency period, direction la prompted by certain reabyaUona StmnphJus. 1071 U0); Greenberg and exposure to Inhalable asbestos In toe m to the seli-repUcatlng nature of the can i Davies, 1971, (lfl), studies of popula tions of current shipyard workers have shown much radiological evidence of as bestos abnormalities among workers hi some can bo life-shortening for children. In this connection. Dr. Paul Kotin of too Johns -Manvllle Company, stated to an OSHA Advisory Committee that in his cer cell. the possible existence of irreversible effects, the aspects of lasting alteration in duced by a tumor-producing event, the per petuation of the neoplastic lesion after the original inducer has disappeared Trom the trades only indirectly exposed to asbestos laboratory experience, cancer can be milieu, and finally, the possibility of cancer i.' i, i> to in the yards (Sheers and Templeton, 1900 (44); Fletcher, 1972, (15)). ' ' ' Further, evidence has Indicated that asbestos also acta as a lung carcinogen at levels much below those which will pro duce asbestoels. Two surveys of shipyard workers who had X-ray evidence of pleural plaques, but generally not of pul monary fibrosis, ahowed a 2.5-fold ex cess risk of death from lung cancer and high risk of mesothelioma. .(Fletcher, 1973 (15); Edge, 1975 <8)>. In a study of the mortality experience of a largo tLS. asbestos products'manufacturtof fa cility, It was found that workers In low dust areas, with a minimum risk of death from asbestosla, bad toe s&mo high risk of death from various' cancers as work ers tn dustier areas (Nicholson," 1975, (35)1. . .. . , It la extremely difficult. If not Impossi ble, to document brief exposures reported to have occurred 20 or more years before the onset of symptoms. To determine the type and extent of non-occupational.ex- posure, the Investigator must generally rely on relatives or persons other than the exposed patient for exposure history. (Much of the foregoing information on asbestos-related diseases was pre pared by the Occupational Safety and Health Administration (OSHA) and pub lished at 40 FR 47851, October S, 1975. "Occupational Exposure to Asbestos" has been helpful In preparing this proposal most readily induced in the young (14). This point was further clarified at a briefing before the Commission on June 9, 1977 during which Dr. Kotin stated bis belief that the young are doubly vul nerable to carcinogens--first, because of . a long lifetime ahead and secondly be cause young children grow at a moro rapid rate than adolescents. Thus; he ex plained, "A rapidly dividing cell, a cell which tuui a turnover time shorter when compared to another cell, is perhaps . moro likely to be subject to the action of a carcinogen." The Commission concludes that ex posure to asbestos from either patching compounds or artificial emberlxing ma terials presents an unreasonable risk of Injury sufficient that either product standing shone should be banned. The Commission also notes that consumers axe exposed to asbestos from sources other than the products proposed for banning. The asbestos fibers are present In. the general environment has been demonstrated by studies such as those by Huff (21), Selikoll. and Harwood (38), Consumers who are exposed to asbestos fibers' from artificial embers and ash and patching compounds thus receive addi tional doses of asbestos and can be pre sumed to face a greater risk than mem bers of the population who axe not so exposed, and a greater cumulative risk than If no asbestos were present in the general environment. Induction from a mutation in & somatic cell. These .'theoretical concepts have a . bearing on the asbestos issue, particu larly u the question of the existence, or nonexistence, of a threshold level of car cinogenic effect. A "no effect" level theo retically may exist, but It has not been demonstrated. 'Therefore, there is no known threshold level below which ex posure to respirable free-fonn asbestos would be considered. aafe. ... ' - OTHER JEDXIUJ. AGENCY ACTIONS TO .. REGULATE EXPOSURE TO ASBESTOS The, Occupational Safety and Health Administration of the Department of Labor (OSHA), the Food and Drug Ad ministration (FDA) and'the-Environ mental Protection Agency (EPA) each has s responsibility to regulate exposure to asbestos. . . ' 1 " OSHA. regulates, exposure to asbestos by workers In all Industrial and commer cial settings except agriculture, The reg ulation (29 CFR 1910.1001) states that ' toe 8-hour time-weighted average air borne concentrations of asbestos fibers to which any employee may be exposed shall not exceed two fibers, longer than 5 micrometers, per cubic centimeter of air. In 1975, OSHA proposed an amendment to lower exposure to A fibers per cubic centimeter of breathing air. An OSHA proposal to regulate exposure by workers in the building construction industries is expected to be ready for publication (>). - . ..." --: . ' A bibliography of additional scientific within the next few months. , ; consttuxr exposure . - and medical literature reviewed by the FDA has banned the use of asbestos In Reports of the hazard, or potential for hazard, from exposure to asbestos result ing from use of asbestos-containing con sumer products are very limited. The only known quantitative study of asbes tos levels hi products regulated by this Commission was reported by Rohl, et al (1975 (38)), of asbestos fiber concen trations measured during the use of Commission is noted below and an an notated bibliography la available for re view in the Office of the Secretary. "threshold" lout . PyntijA nf tthtHqK<UHy r> iridiVld.HSJL response to carcinogens and other fac tors, the concept of a "no effect" or "threshold level" of exposure may have filters used in the formulation of paren teral drugs <21 CFR 211.40(j)) and, prior to toe establishment of the Con sumer Product Safety Commission, banned too use of asbestos in fabric used for general wearing apparel, (18 CFR 1500.17(a) (7)). . EPA regulates asbestos which Is re leased into toe air and into toe water. consumer spackllng patching and taping compounds. This study indicated that airborne fiber concentrations, exceeding the interim OSHA allowable excursion exposure level, were detected during ap plication and cleanup operations. Fibers were detected In adjacent rooms during mixing operations and it was reported little real significance on the basis of existing knowledge. While some level, below which exposure to a carcinogen does not cause cancer, may conceivably exist for any one Individual, other -in dividuals may have cancer induced by doses so low as to be effectively zero C35). In the Proceedings of the Nineteenth Meeting of the Interagency Collabora These regulations (40 CFR 81, 427, 436) do not set standards for allowable amounts of asbestos In the breathing air but rather minimize or eliminate emis sions from industrial locations. These regulations specifically prohibit toe pres ence of asbestos in emissions from plants manufacturing materials for use in building roadways and In manufacturing that * * significant concentrations of tive Group on Environmental^ Carcino items such as cloth, textiles, cement, fire >> asbestos remained suspended, and could genesis devoted to Threshold Evaluated proofing and friction products, paper, pervade living quarters'for a considerable held at the National Institute on August felt, floor materials, points, adhesives. B FEDERAL SEGISTES, VOL 42, NO. 144--F81DAY, 1ULY 24, 1977 BON - 01246 $ 6i FKOfOSED ItUtES 58 787 asalants, caulks, -and js. variety of other to the Commission Muliturtea that most toe use or development of euhstitmes items. , patching compounds tor .industrial use which arc similar to-asbestos, or which Asirrsrros Taxmjraosrs jotsctoic consott xy. KsoBntrns m ernax* cdtettsxxs In June, Ame, -Gonad* banned the vale and .-importotioa -of asbestos-con taining product/; Xor use by children, in April. 1.876, England introduced * vol are distributed la xnch ways that conxuixwsrs .have access to these products. Moreover, merely labeling a patching compound for Indus(rial or professional me only, would not exclude such articles from the ban. If the manufacturer, dis tributor or retailer testers or facQltates ropart miillar iputilU rs to tile product. Several aubstitutes 1 or -asbestoe tn patch tag .compounds mure to current use. The Primary economic concerns focus on 'toe effect of ratatitutions on (lie'utility de rived bum the product (mainly in bums of performance characteristics) -and on untary labeling scheme for products con the product's sole to or use by consum tire prices of patching compounds. taining asbestos. ers, the product would be considered ' Aitertos -possesses a unique combina In Sweden. Use use of asbestos-cement consumer product within the Mope of tion of strength, pliability, rend heat- products lor new wort war. prohibited Cm; bun. . " told- , - and moistore-resistant qualities; ns -of July, 1976, anti .for maintenance Heeent court cases have examined the substitutes which have -been tested In in-existing structures will be dtocomtimiod statutory definition of consumer product there -prodart categories often do not by the -end .of 1977. Manufacturing of and indicate that 'the 'presence of a last as tong, are less workable, and may these -products is not prohibited. -Ac product in a 'consumer environment take b long time to perfect (asbestos-free cording to the Swedish..Standard .for would be considered a primary-detennl- spackling compounds were attest five Occupational Sxpasui'c: , -rmnt of whether that 'product is a con years'in development). Some products "The TLV iof fiC/tol was lowered 'to sumer product under (tee CPBA.1 In con tiot-readSy reform (liable may be dropped li/ml as of January, 1977, and is sched sidering Use statutory definition and its from the market. Availability of substi uled to .be further reduced to 0 J i/nil legislative history In light of these cases, tutes may abo be limited temporarily on by 1 January. 1978." ;Uuns 27, 1*77, As It appears to the Commission that sub a regional basis, depending on the paint bestos Information Association (2) J stantially all patching -compounds are and building mtrterials industries' ability Part B. Patching Compounds " consumer products under the CPSA. Asbestos fibers are used -in .patching ' EVALUATION or the risk , to reformulate asbestos-containing prod ucts. Many producers are, however, either .presently marketing asbestos-tree compounds to reinforce a material as .In assessing the degree .and mature of materials or expect to in the near future. it cures, to control shrinkage and crack the risk of injury to consumers, ibeCom-- 'Substitution may .also .lead to higher ing, and to "reinforce "the material ' as misskm.has reviewed experimental data costs, olproduction and prices lor some the compound is alternately exposed to and human - experience dn/ormatioa. In dr these products. Xbe'total cost lo most- beat, -cold and motetare /alter curing. addition, am the basis of date hy Hbhl, patching -compound 'manufacturers n( .Asbestos also provides a measure aX et al. (36) , the Commission's Health Sci chemically reformulating products is not Bonhd and. heat insulation to the mate ences staff has calculated an assessment expected to "he large relative to sales; rial, and enhances tteTvarfcabtUty of the at the risk of consumer exposure which It Is. however, expected that some cost compound, iparticuiaxiy -daring "trowel A avsUableat the Office of the Secretary. Increases will occur which wfiTlIkely -be ing. Tire properties! considered by .to- She calculations are based on the appll- passed on In the form of higher prices dnstry to be most valuable in the .prep cation of a theoretical model tatodifica- fihls mayhe JO to 15 percent). .(Prelim aration at patching compounds are: as tton of that by Eaterline and Henderson. inary Economic dialt ctudy--suhsection bestos is not affected by fungus, mildew, 1976, (ID, to epidemicdoffica] data cited on Spackltag/Joint Compounds, QSHA, yspor.-etc. amd-tt has low density; good in the literature, lOccWi'pff. .Hammond (.7) J ' . . adsorption qualities; high resistance to and Seldman, 1973, rf-tl),'Hot-purpoea . .Inventories of existing products in -dis electricity, fire and -alkaline substances: of 'this assessment, the Commission con tribution channelc may vary over a -wide low magnetic permeability; and it is not sidered the use of patching compounds range. .Similarly, Inventory turnover cy a -smooth fiber. by a consumer, fop.six hours a day.four, cles at various points in distribution.may , hatching compounds -ore 'mixtures of timesta Tear, to be a high yet reasonably vary considerably. , . talcs, pigments, .clays, casein, aground -foreseeable yearly exposure. The 'in .. These .conditions may .be .further- -af marble, mica or other similar materials creased rrisk .of death from .respiratory fected by OSBA's -.course of action on with-water and a binding material ouch cancer induced by this yearly eposure asbestos. Should a commercial-industrial as .asbestos, patching compounds are is estimated at between 10 and 2D00 per fiber limit standard- be imposed, the in available. in dry form (to be mixed with million. i-For five years of -exposure at dustry would probably eliminate asbestos water by the user) or a. ready-mix paste these levels, rtbe risk Increases geomet from paints and other building materials form. The product is used to cover, seal rically and is estimated atbetween 1,000 as -well as from .patching compounds. or mash cracks, joints, boles and similar and 12,000 per million. Bared cm current openings in the trim, walls, and ceilings, information, the Commission -estimates . " ENVIRONMENTAL ISSUES '' etc. of building interiors. - that the lower estimate of 10 per million ' . 'The Commission has studied the en In patching compounds, asbestos is re 1s closer tothe actual risk for a one year vironmental effects 61 'this proposal as leased when using the dry form and mixing it with water, or by sanding or scraping the dried patching compound exposure. Nevertheless, in -view of the seriousness of thetnjury and the-cumulative effects of dSEestos exposure^ even required by the National Environmental Policy Act. An environmental assessment Jc on file at the Office of the Secretory in the process of finishing and smooth ing the surface as In remodeling and In cleanup operations. Such activities may present a hazard to consumers when the activity is performed either'-by a con- turner or a -professional user, of .these products. Patching compounds "covered ,hy ithis ban .are those that are customarily produced or distributed for sale to or for this minimum figure -represents an un acceptable risk.'The Commission believes that reducing exposure "to respirable free-form asbestos in -the home repre sents a substantial' decrease in risk to consumers, since, for many -people, the major exposure to inhalable asbestos Is of .the -Commission and indicates, by negative declaration, that no significant effects .on the environment are foreseen by the proposals Issued below. Asbestos is an ubiquitous mineral fiber 'that has been used ior many years to the U-S. In occupational settings and in building -construction. This has led to in the home. . .' . ' low-level, but widespread exposure of the JCnbtjsmy fttsotmes Gonshjkxaxions public. Asbestos Is found In the air, water, and land (in. minute concentrations reia- the personal use, consumption or enjoy assessment or strsyrrrnTES tive to those .found in or near asbestos ment of consumers fir or around a per manent nr ' temporary .household -or residence, a school. In .recreation hr The -.elimination of . asbestos' from patching compounds would necessitate mines or processing .facilities). i The .elimination of asbestos from patching compounds available to or- used otherwise. Patching compounds that are 'United Stater o/ America v.'Tbc Anaconda cr enjoyed by consumers will significantly labeled as, .marketed, -and sold solely for Industrial.use would not be within the scope of this ban. Information available Co.,ret al., Misc. No, 77-0024 (DXJ.C.j, June tS, 197V..iratwr Aluminum At Chemical Corp. r. .CPSC, Civ. No, 7fl-44 . (Dfiela.) March. 11, 1977. reduce household fiber release from 'mixing, sanding, -and .-clean-up. It -will not, however, slgnifican tiy reduce fiber SEDEJOi gSGISTiS, VOL. 42, NO. 146--bbdDAY,.JULY 29, .1977 BON -01247 38788 PROPOSED RULES release at fiber to the general environ airborne. Clot Included In this ban are sions significantly, either nationally or ment from all nourcwi. synthetic logs. generally manufactured regionally (most of the manufacturers Proper dlspoeol of preeent Inventories of eellulosie product# and wax. which are located to California). A significant Is also expected to pose no significant actually are ignited and consumed by portion of household fiber release Is problems atoce It would account for a the flames.) ... . accounted for by this product, however, minor portion of all asbestos disposal. . The potential environmental U.o,, kvai,uanow or tux sisic ' to homes so equipped. The Commission will issue guidelines -to minimize con health) effects of the use of substitutes Measurements are not available of the sumer exposure to Boating fibers during la. however, an Issue which merits fur amounts of aabeatoa in tire .air from a cleanup Mid disposal of embers. Sig ther study by the Commission and other asbestos-containing emberiztog mate nificant effects are not expected from agencies. No conclusions about the safety rials hi homes. However. It appears that the ban Itself other than increased of the known substitutes have yet been the amount of airborne asbestos to such safety Jn Individual homes. made. Although the Commission has no evidence that the known substitutes arc homee would increase when air currents in the home are created by downdrafts The potential environmental ().e,, health) effects of the use of substitutes hazardous, there appears to lie some con from a fireplace chimney or other activi Is, however, an issue which merits fur cern in the industry on this point. Labo ties that stir air la any room. Since em- ther study by the Commission and other ratory testing may be desirable to verily bertoing materials may contain up to 50 agencies. There is little Information con 'this point ' percent asbestos, which if not perma cerning the safety of the ember material '. The Commission requests comment on nently bound Into artificial fireplace -substitute#. Further study la currently other, .environmental Issues as well as logs would be In respirable form, the risk trader way to collect Information about '.those raised here. \ associated with emberiztog materials is these substitutes and to assess the po .jtrrscnvx pate . ' The Commission has assessed the pos sible effects on the relevant industries considerable since it continues to exist 24 hours a day. Industry Resource Considerations tential health effects of their use. (Fibrous glass and the synthetic fiber are similar to shape and size to chrysotlle, for example). .. : of banning consumer patching com ASSESSMXNT Of SUBSTITUTES pounds. Staff research indicates that as . beetos-free products can probably be In distribution In about six months. The Commission also considered the possible increased hazard to consumers that might result from banning the disfcribu- 'ttan of patching compounds 30, 180, and. 360 days after publication of a final ban ning rule. The possible Increased hazard to consumers that could arise during these different time periods was consid ered. to the context of the assessment that asbestos from patching compounds poses a significant houiehold fiber ex posure risk .to consumers using or en joying patching compounds to their homes, although If may not pose a sig nificant environmental -fiber exposure hazard.' On this basis, the Commission proposes that the manufacture, sale, of fering for sale. Importation and dis tribution to commerce of consumer patching compounds be prohibited 30 The elimination.of asbestos from emberizing material may result to the use of substitutes which are similar to as bestos, or which Impart similar qualities to the product. Vlrtuitily_all of the manu facturers have developed asbestos-free 'emberiztog material as of June, 1977. There are at least three substitute for asbestos currently being used to artifi cial emberiztog material: fibrous glass, vermicullte and a synthetic fiber with asbestos-like heat-resistant qualities.' It appears that the synthetic-fiber mixture is substantially more costly than the other mixtures, including those containing asbestos. Tho other two sub stitute mixtures may be somewhat more costly to produce, depending on local raw material availability, prevailing local prices, etc. The vermicuUte-only embera may not be as effective to creating the desired "glowing" look; more of the days after publication by the Commis sion of a final banning rule. This prohi bition would apply to products to toven- "tory as well as to those manufactured after the effective date of the final regu lation. ' material may be required to achieve the game degTee of effect provided by the asbestos-containing mixture. It Is doubt ful that the price of emberiztog kits will be significantly affected unless a large shift to the use of synthetic-flber-con- tatatog-material occurs. 'The Commission requests comment oil other environmental Issues as well at those raised here. . .(*nr*crm # The Commission has assessed the pos sible effects on the relevant Industries "of banning artificial fireplace embers . containing free asbestos. It appears that many manufacturers have ceased ship ment of asbestos-containing merchan dise. The Commission has, also con sidered the possible Increased hazard that might result from banning the digfcribution of this product, 30, 180, and 360 days after publication of a final banning rule. The.continuing availability of respirable free-form asbestos to con sumers during these differing time periods and the necessity for developing and transmitting to the public informs , tlon on environmentally safe means of removing the product from consumers' homes was also reviewed. Based on these considerations, the Commission proposes that the manufacture, sale, offering for sale. Importation and distri bution to commerce of artificial fireplace emberiztog material (embers and ash) containing respirable free-form asbestos Past C. AartnciAL EmeerIzinc Materials (Ass and Embers) ComcotTHo Respi- ' EjmRONMENTAL ISSUES ' be prohibited on the day of publication by .the Commission of a final banning babu: Pan Form Asbestos . . The Commission has assessed the en rule. This prohibition would apply to Artificial emberiztog material# for fireplaces are generally packaged to "emberiztog" kits. The emberiztog mate vironmental effects of this proposal as required by the National Environmental Policy Act. Its assessment is on file at products to inventory as well as to those manufactured after the effective date of the final regulation. , rial 1# placed under artificial logs to gas the Office of the Secretary of the Com Fart D. Unreasonable Risk or Injury burning fireplace systems or to artificial mission and indicates, by negative dec and Feasibility or Standards . lAiA,. fireplaces for decorative purposes. Ths product Is also glued to artificial logs, either at a factory, or by a consumer using an emberiztog Idt. When subjected to high temperatures, the asbestOG to this product produces a glow like real embers and ash. Asbestos fibers are released , when the emberiztog material contain ing asbestos is sprinkled on the fireplace floor, when glue toed by the consumer to attach the material to an artificial log melts at Jtigh temperatures, and mhm ordinary household air, currents and downdrafts cause the asbestos to the simulated sabers and ash to become laration that no significant effects on the environment are foreseen by the proposals issued below. As noted to Part B, asbestos is a ubiquitous mineral fiber that has been used for many years to the TJjS. to occu pational settings and to building con struction. This has led to low-level, but widespread, exposure of the public. As bestos is found to the.air, water, and land (to minute concentrations relative to those found to at near asbestos mines or processtog facilities). The elimina tion of asbestos from emberiztog kits Is not expected to reduce free fiber emis The Commission finds that these products are being and will be distrib uted to commerce. The Commission has considered all the information currently available to it on the risks of injury con cerning respirable free-form asbestce to the products discussed above including the frequency and severity of injuries and the nature of the risks associated with these products. The Commission preliminarily determines that the pres ence of respirable free-form asbestos to consumer patching compounds and to artificial enberiztng materials (embers - f ' v- FEDEXAL E6GISTEE, VOL 41, NO. 144-----FRIDAY, JULY .J9,M?77 BON - 01248 hA -- -> PROPOSED RULES 38789 &nd ftah) for ftrcplju*** present-} an un Safety Branch, Asbestos In Toy# and WodoL reasonable risk of injury to Mxt. public Hog Maumis Xwu No, %, Juno, 1976. from, lung cancer and mttsotbdJom* and that no feasible standard under ttao CPSA can adequately protect the public from such rink. The Coinmbwlon stated in a recently Issued consumer product safety rule ban 6, Deportation t o* LeJx*. Docup^tlotuU BAfety and Health Administration: Aab*toa Dust (JtandAMt 20 cm 1010,03a. 6. Departmont of Labor. Occupational Safety and BsolUi Administration: Occupa tional Exposure to Asbestos, Notice of Pro posed Rulematetug-, FR Vol. 40, No, 197, pp. ning unstable refuse bins (42 Fit 30296, 47653-47605, {Oct. 9. 1875), June 13, 1977), in discussing the luck of feasibility of & standard..that, "The Com mission is not required to look at the en tire class of products of which a particu lar hazardous product is a member. Thus, when the Commission can identify the 7. Department of Labor, Occupational Safety and Health Administration: Aabestoa Dust in the Construction industry. Prelim inary Draft: Technical Feasibility Asaeosmetu, Spacteilng and Drywali Joint Com pounds, p. 1-12 (1977). ' ' 8. Hklge, J. K.: Afboatofl Eclated Dt&eoee In particular products that present the un Bsrrow-ln-FumM Env. Res. 11:244-247 reasonable risk of injury by specifying their characteristics in certain perform ance or design terms, the Commission can ban these articles." With respect to the products now under consideration, the characteristic identified is the pres (1870). ` ' '. ' 9. Elmos, P. C. and atmpeon. XL J, C.: Insu lation Workers in Belfast 3, Mortality 10+0 00. Br.J. Ind. Med. 3fi: 226-336 (1971). . 10. Xntfland. Health At Safety Erc, Dept. of Prlcos and Consumer Protection. Asbestos Labeling Scheme. April 1970. ence of respirable free-form asbestos. 11. Enterline P., and Henderson. V,: A The Commission believes that not all model tor Extrapolating to Low Levels of As- patching compounds present an unrea sonable risk:' of injury to the public, only patching compounds containing respir able free-form asbestos. The hazard as sociated with this product is the free form in which the asbestos appears. Ixmtoa Exposure. Presented at Coafernnce on Problems of Extrapolating the Result* of Laboratory Animal Data to Men and Extrap olating the Rasul ta from High Dc*e Larei Experiments to Low Dofie Level Exposure Pinehurat, N.C. (March 1970). 12. Enterline, P.. DeCoufle, P.. and Bender- While a safe patching compound can be -sofl, V.: Mortality In Relation to Occupa manufactured, it is not possible to manu tional Exposure in the Asbe*too Industry. J, facture a safe patching compound con taining respirable free-form asbestos be cause a safe level of exposure to free-form asbestos in unknown. Therefore, It - of Occupational Medicine 14 (12) : B97-5KU (1973). 13. Enticknap, J. B., and Smithes*, W^J.: Peritoneal Tumours In Asbeatoaia, Brit. J. Ind. Med. 21:20-31 (19(H). does not appear that a standard for 14. Environmental Defense Fund: Petition patching compounds containing respir for Action under section 12 of the OPSA able free-form asbestos is feasible at this against fireplace asho* and Logo Containing time. . , The product, artificial emberlzing ma terials for fireplaces, containing respir able free-form asbestos, is used only in dry form. Thus, individual asbestos fibers axe never bound together. If the asbestos Asbestos, Footnote 1. May 12, 1977. 16. Fletcher, D.C.: A Mortality Study of Shipyard 'Workers and Pleural Plaques. Br. J. Ind. Med. 29:142-146 (1972). 16. Greenberg, M,, and Davie*. A. L, Mea- othelioma Register 1907-fl, Br. J. Ind. Med. 91-.91-104 (1974). .. fibers were coated by another material to 17. Hammond, S. O., and Sollkoff, L J. A bind the fibers. It would no longer be the Churg, J.: Neoplasia, Among Insulation Work same product. In considering the dry character of the product and the fact that a safe level of exposure to respirable free-form asbestos is not known it does not appear that a standard for artificial emberlzing materials containing respir ers in the United States with Sepeclal Refer ence to Zntra Abdominal Neoplasia. Ann. N.T. Acad. Bd. 133:619-625 (1966). 18. Hammond, EL C,, and Sellkoff, L J.: Relation of Cigarette Smoking to Risk of Death of Asbestos-Associated Disease Among Insulation Workers in the United State*. pp. able free-form asbestos is feasible at this 312-317 International Agency for Research time. The Commission believes that no standard can render the defined prod ucts non-haz&rdous and concludes that only banning these products can ade on Cancer (1973). 19. Harriet, P. G.: Asbestos Hazard in Naval Dockyards. Ann. Occup, Hyg. 11:134 143 (1968). 20. Hasan, Faysal M. et al: The Signifi cance of Asbestos Exposure In the Diognoel* quately protect the public from unrea of Mesothelioma: A 28-yw Experience from sonable risks of injury associated with them. . ' . RrrnrrNCxs * The parenthetical numbers used in the preamble above refer to the following docu ments: . a Major Urban Hospital. Ameg. Rev. Rasp. Dls. 116: 701-708 (1977). 21. Hull, J. Hammons, A. S.. Dinger, C. A-, Whltlficld. B. 1L, 1^0 Ulrickson. G. 0.: Asbestos; An overview. Knv. Chemicals -Hu man and Animal Health 3rd Annual Confer ence Proceedings.' 1. Anderson, H. Ju, fills, R., Damn, S. Fisch- bcin, A. S. -and SeUkoff, L J.: Household- Contact Asbestos Neoplastic Bisk. Ann. N.Y. Acad. Sol, 371:311--333 (1979), . 22. IARC Working Group on the Evalua tion of the Carcinogenic Risk of Chemicals to M"- IARC Monographs on the Evalua tion cf thfe CoreInc^enlo to Mas: As 2. Asbestos Information Assoc.: Informa bestos. Inti Agency for Research on Cancer. tion from Representative of the Asbestos In 1977. . ternational Association Conference, Hamburg, 23. Interagency Collaborative Group on Germany, 1976, June 27, 1977 memo. . Environmental Carcinogen*, 19th Meeting, S. Borrow, ML Conston, A_ Dvoracgg, L L, NIH. Aug. 14, 1975. s . and &chiet, N.: Mesothelioma and Its Associ 24. Jones, SL E,, and Grindoa, A.: Envi ation With. Asbestos. JAMA (8) : 98-07 (1967), ronmental Factors In the Origin of Cancer 4. Oortads-' Conrumxst6 & Corporate Affairs, *n/j Estimation of the Possible Hazard to Consume? Standards Directorate, Product Man. Fd. Cosmet. Toxicol. 26:361-268 (1975). 36. LUUngton, G. A. et al: Conjugal MaUg- Mfr^otiioUotna. Now Rug. J. Uxl aui (H) : 683-604 (Sept. 12, 1074), 26. McDonald, J. C., McDonald, A. D, Gibbs, A. W., ot al: The Health of ChryeoUW As bestos Mine and Mill Worker* of Quebec. Arch. Env. Health 28:01 (1974), 27. Mc-Bwen. J. Fin.) ay non. A., Malr, A., and Otbaoa, A.A.M,: Mesothelioma In Scotland Br. Med. J. 4:874--878 (1970).' _ 28. MerewetUher, F, IL A., and Price, C. W.: Report on the Effects of A*be*to* Dust on the Lungs and Dust Suppression In Asbestos Industry. H. M. Stationery Office, London (1930). . 29. National Institute for Occupational Safety Health; Criteria for n Recommended Standard , . . Occupational Exposure to As bestos. (1972). 30. Newhouae, XI. X,., and Berry, O-: The Plate of Deroloping MaaothelLal Among Worker* In an AaPeetoo Textile Factory. XVII International Congress on Occupational Health Bristol, Eargiand (1975), 31. Newhouse, M. L^ and Thompson, H.: MftaotbeUoma of Pleura and Peritoneum Fol lowing Exposure to Asbestos In the London Area. Brtt. J, Ind. Med. 22:201 (1965). 32. Newborn**, ML: Asbentoe In the Work Place and the Community. Ann Occ, Hyg. 16:97-107 (1973).. 33. Newhouae, M. and Berry. Q., Pre dictions of Mortality from Meectheiial Tu- motmj In Aebestoo Factory Workers, Br. J. Hid. Med. 33:147-161 (1970). 84. Newhouae, ML L-, and Berry, G.: Aa- bectoe and Laryngeal Carcinoma Lancet. 2*. 616(1973), ' 36. Nlcholaon, W, J.: Case Btudy 1: Aabestoe-The TLV Approach. N.T. AC4td. Sol. 271: 162-189 (1970). . 33. Rohl, a. N^.et al: Exposure to Aabtstoa ta the U*o of Consumer Spackling, Patching and Taping Compound, Science 189:551 663 (Aug. 15, 1975). ' 37. Sellkoff. L J-: Asbestos and Neoplasia. Am. J. Med. 42(4): 487-496 (1907). 33. Sellteofi, L J., and Hammond, E. C. HI Community Effects of Non Occupational En vironmental Asbeistoo Exposure, Am. J. Pub. Health 58(9) :185B~1666 (19681. . 39. Bellkoff, L J^ Churg, J., and Hammond. E. Co.: The Occurrence of AsbestoeU Among Insulation Workers La the United States. N.T. Acad, of ScL 132: 139-156 (1965). 40. Beliteoff, L J^ Hammond, K. Cr, and Churg, J.: Asbeatoe Expoeure, Smoking, and Neoplasia. JAMA 204(2) :106-U3 (1968). 41. Sellkoff, L J, Hammond, E.C^ and Seldman. H.: Cancer Risk of Insulation Worteera La the United States, pp. 209-216 International Agency for Research on Cancer (1973). ' 42. Bellkoft, X. J. Hammond. E. C. and Churg, J.: Carcinogenicity of Amoelte As bestos. Arch. Knv. Health 25:183-136 (1972). 43. Sellteoff. L J^ Nicholson, W. J. and Larger, A. ML Asbestos Air Pollution: Arch. Environ. Health 26:1-13. July 1972. 44. Sheers, G.: Effete of Asbestos in Dock yard Workers. Bt. Med. J. 3:574--679 (1908). 45. Btell, P. M. and McGill, T.: Asbestos and Laryngeal Carcinoma. Lancet 2:416-417 (1973). 46. Stumphius, J,: Epidemiology of Meso thelioma on Wolcberen Island. BrJInd. Med. 28:69--68 (1971). 47. Wagner, J. C. SIeggs, C. JL, and Marp.; Edffuee Pletiral Mesothelioma and Aabestoe Expoarure In the North Western Cape Province. Brit. J.Itid.Mod. 17:260--271 (1960). 45. Wagner, J. C,, si: The lesecte aC the Inhalation of Asbestos in Bata. Br.d_Ca&- c. 29: 253-368 (1974). . 46. Wtixstez, L; Asbestos and Mofignanoy. S-AJMed-T. 47:166-171 (I&63).' FH5E2AI fiEOISTE^ VOL 42, NO. 146--IDAr, JUIT 29, 1977 BON - 01249 38790 Mt-OPOSED fliJLH *o. wmsnren, r. nad Bcun, a. .*c: mi- cer and Hsi-j.rx: which designed for use in jaicli a manner the -ftwe MallglMmt Plmjr*Ll MawoUwlBCMSW Olid Aabesroa Jrxjxwmrtc -menu Ofl,- 4 02 <um). have been deimmstrated to be canned by ei|x*mrn to sbe*to fibers. Mbostoo -fibers can become oitboae under reasonably IwreecatOe conditions ' . ComxTrsmK am ETtxxraiAJ. .. Biraed on -The foregoing taformatlon, the Commission proposes to declare that consumer patehnlg compctmtte contain ing respirable, -Iree-Iarm -Mbratos and consumer patching compounds contain ing .respirable free-form asbestos .are banned hazardous products. Accordingly, pronmant to provisions of the CPSA (sections 8, G, 30(d), '86 Btat. 1315-17. nsi, ns amended, BO Btat. 506. 510; 15 U3X\ "2051. 2058.3073(d)), the Commission proposes that Title 16. Chapter .H, he amended hy adding -to Suhchapter.B ihe .following xmw Parte 1304,3 Definition*, .. of use .are banned hazardous ^products under itrcUoti.s is ran'. B erf the Consumer fa) 'Tire defirfltlons In section 3 of tire Product Safety Act (CPSAJ (15 "0.B.C. Consumer Product Safety Act (15 tJJ9:c. 2057 and 2058). This ban applies to arti 2052) apply to this Part 1304, ficial emberbrte* materials available In lb) "Asbestos" means a group of min separate kits or with artificial fireplace eral .fibers composed of silica oxygen, logs lor me to fireplaces and sprinkled hydrogen and other elements such as so or coated by consumers on the artificial dium, Iron, -magnesium and calcium in logs to simulate live embers and, ashes diverse combinations and tocludea the and give .a glowing .appearance when following minerals; amoslte, chrysotlle, subjected to high temperahirts. Bats crocldoUte, anlhrophylUte asbestos, ac- of material containing asbestos and told ttoollte asbestos, and tremnlltc asbestoo. separately -to be sprinkled on and under (c) "Free-form asbestos" Is that which artificial .logs to .simulate burning and Is mot iboimd, -woven, car .otherwise ' glowing ashes-also come within telescope "locked-ia" "to * .product -by resins or af this ham . 1304 and 1805. - - PART 1304--BAN OF CONSUMER PATCH ING COMPOUNDS CONTAINING RESF7- _ RABLE FREE-FORM ASBESTOS .Sec. ' '' ' 1 1304J Scope ana application. I304J Pnrpoee. ' I3<HJ Twamuon*. ' 1304.4 Consumer patching eompoundi .** ' PanTied bazars product*. 1S04JS natectty* data. _ .. other bonding agents, or -those from which fibers can Teadily -become nirbcrnie with any -reasonably foreseeable "UEe. (d) "Patching compounds" are mix tures of .talc, pigments, clays, casein, ground marble, .mica or other lmllar materials -and a binding material -such as asbestos which lire sold to a dry form ready to be mixed with water, -or iruch combinations to ready-mix paste form. : (e) ".Consumer patching compounds" g 1305.2 Put jMf.tr. - . . The purpose of this rule is to ban arti ficial emberiztog moterlsOs containing respirable Iree-donn asbestos. These products present an unreasonable risk of Injury due to inhalation of fibers which Increase the risk of developing lung cancer and mesothelioma, diseases which have been demonstrated to be caused by .exposure to asbestos'.fibers. . ; AtrrHoaxrr: BecaA t, 30(6)."Pub- L.'BO- are those that are customarily produced 873. amended, Pub. to 94-384, te Btat. lmtt-n, rtsi a amended 90 BUt. TOO, TS10 ar distributed for sale to or for the perwwuU mss, consumption or enjoyment at aS17J3.C.il037,-3068, iam>(a)). consumers to Or around a permanent or $ 1304.1 Scope trod application. 1 . temporary' -household or -residence, a 8-1303.3 IBefiiriiUnu. . ' fa) The tteftaitloni! lirsection 3 of 'the Consumer Product Safety Act <15-0.G.C. 2052) apply to this Part 1305. _ (a) In this Part 1304 the Consumer Product -Safety Commission declares that consumer patching compounds containing respirable free-form asbes tos and designed for use in such a man ner that the asbestos fibers can become airborne under reasonably .foreseeable conditions of use . are banned hazardous products under sections & and 9 -of the Consumer Product .Safety Act (CPSA) <15 US.C, 3057 stud .2058). This ban ap plies to -patching compounds which -mro (1) used to cover, Brad or mask crscfcs, Joints, holes. and similar openings In the trim, walls, ceilings, etc. of building In teriors, which after drying are sanded to a smooth finish and (2) axe produced and distributed for sale to or for the per sonal ttse, consumption or enjoyment of a consumer in r around a permanent or temporary household or residence, ft school, in recreation or otherwise. . Cb) The Commission has found that Cl) these patching compounds are be ing or wfll.be distributed in commerce; (2) that they present an unreasonable risk of injury; and (3) that no feasible school, to xecreatlcm. or otherwise. The (b) "Asbestos" means a group of CcmmiiaJon . considers '.Chat patching mineral fibers composed of allica, oxygen, compounds for.application to these con hydrogen and other elements such as sumer -environments are cither dis godlum, iron, magnesium and calcium tributed for sale to consumers or are for in diverse combinations and Includes the the personal xrae -or enjoyment of con following minerals: amoslte, .chrysotlle, sumers. ' " -- . ' 1304.4 .Cowsraiier fmtehmgcompounds a* banned hjuejtr-doas pm<inrl*. , crocldoBte. anihophyllite asbestos, acttadHte asbestos. . and hremollte asbestos. .. . .. (c) Tree-form asbestos" k iiiat On the hards that airborne asbestos which la not .bound, woven, or-otherwise fibers present the hazards of lung cancer Docked-to" to a product by resins or and .mesothelioma to the public, con other bonding .agents, or those from sumer -patching "compounds carrtatoing which fibers can readily become airborne respirable free-form asbestos are-banned with any .reasonably foreseeable use. hazardous products. ' <-d) "Emberiztog materials" means an S 1304.5 .Effective dale- , * .. , asbestos-containing material generally Thirty days after publication of .'final packed to an "emberizlng". kit to be . placed under artificial logs In gas-buro- rule. ` ' '. tog fireplace systems or In artificial fire places for decorative .purposes. The PART 1305--BAN OF ARTIFICIAL-EMBER- product Is also glued to artificial logs, IZ1NG MATERLALS (ASH AND EMBERS) either at a factory -or hy a consumer us CONTAINING RESPIRABLE FREE-FORM ing an emberiztog kit. (Synthetic logs ASBESTOS _ manufactured of caUuloalc products Sec. .,- which are consumed by flames are not 1305.1 Scope and appUcatiou. : Included In this definition.) 1305.2 Purpose. consumer product safety standard under JL3C5.S DsCnltions. . 1305.4 -Artificial fireplace ash and the CP3A would .adequately protect the 1305.4 Artmda.1 fireplace ash and embers as - embers as banned harardous prod public from the unreasonable risk of in banned hazardous products. - ueis. . jury associated with these products. The ban applies to patching compounds de scribed In this Part which are in com merce or being distributed in commerce on or after the effective date of the ban. 1305.5 Elective date. . Atrmoeirr: Secc. 8, 9, 30(d), Pub. L. 89-- B73, as amended. Pub. to .(H-284; S6 Seat, 1215-17, 1231--aa -amended, 90 Beat. 506, 510 (15 tfJS.C. 2057,2063, 2079(d) ). . On the basis that airborne asbestos fibers present thehazards of lung cancer and mesothelioma to the public, -arti ficial fireplace ash and embers contain- 1304.2 Purpoae. The purpose of this rule is to ban-con- 1305.1 Scope and application. tog respirable free-form asbestos are In this Part 1305 the Consumer Prod- banned hazardous products, . Euiner patching compounds containing -uot Safety Commission declares that arti | 1305.5 Effective date. - respirable, free-form asbestos. .These products present an unreasonable risk of injury due to inhalation of fibers -which increase the risk of developing lung can ficial emberiztog materials (ash and embers) containing respirable free-form asbestos generally .packaged 'to an em- berlzlng -kit .for use to fireplaces, and Date of publication of final rule. Regarding proposed Parts 1104 and 1305 interested persons are tavtted to FEDERAL 2EGISTES, VOL , NO. .144-----FRIDAY, ,JULT .24, 1977 PROPOSED RULES 3ST91 submit written comments before the close of business August 29, 1977, Com ments may bo accompanied by written data, views, and arguments and should be submitted preferably In five copies, addressed to Secretary, Consumer Product Safety Commission, Washing ton. D.C. 20207, Received comments and oUrer related material may be seen In the Office of the Secretary, Third Floor, 1111 18th Street N'W,, Washington, D.C. during working hours Monday through Friday. Oral presentations. Interested persons will be afforded an opportunity to make an oral presentation of data, views, or . arguments to addition to the opportunity to make written comments, on any aspect of the proposed ban on August 15, 1977. The proceedings for the. oral presentation will be held at 10 am. at the commission's hearing room at 1111 18th Street KTW,, -Washington, D.C, The procedural regulations for oral presenta tion, 10 CFR Part 1109, promulgated October 14, 1975 (10 FR 49122), shall govern this proceeding. All persons wishing to make an oral presentation should notify Richard Danca of the Office of the Secretary, 202- 834-7700, no later than close of business August 8, 1977 for scheduling purpose, A summary or outline of each oral presentation and an estimate of the length of time It will require should be filed with the Office of the Secretary at least two business days prior to the oral presentation. Section 9(0 of the CP3A US'U.S.C. 2058(c)) requires the Commission, prior to promulgating a consumer product safety rule, to consider and make cer tain findings for Inclusion In that rule. In order to aid the Commission In this endeavor, the Commission Is particularly Interested In soliciting either by written comment or through the oral presenta tion, additional data, views, and argu ments as to tile following: 1. The degree and nature of the risk of injury the rule is designed to eliminate or reduce; 2. The approximate number of con sumer products, or types of classes there of, subject to the rule: 3. The need of the public for consu mer products subject to such rule and the probable effect of such rule upon the utility, cost, or availability of such products to meet that need; 1. Any mourn of achieving the objec tive of the rule while minimising ad verse affects on competition or disrup tion or dislocation of manufacturing and other commercial practices consist ent with the public health and safety; 5. Tile necessity of the, rule to elimi nate or reduce the unreasonable risk of injury associated with the consumer products subject to the rule; 6. Whether the rule Is In the public interest; ' 7. The feasibility of a consumer prod uct safety standard under the CPSA to protect the public adequately from the unreasonable risk of injury associated with tire products which ore the subject of this proposed ban; a, The potential environmental effects of the rule; and 9, Any adverse effects that this pro posed ban will have on elderly and han dicapped persons. Dated: July 26, 1977. , . Sheldon D. Btrrrs, Assistant Secretary, Consumer Product Sa/ety Commission. |KB Doc.77-21044 Plied 7-3-77;8: m) FSDEBAt EKSISTS8, VOL 42, HO, 146---- FSIDAV, itilY 29, 1W7 BON - 01251