Document xjovKGLL03q8ZZMaJq0EGqn6m

` *T ^ ^fv:.c:iinstitute, me., E-210 sours #4, ?ara..-js, K.J. 07452 PLAINTIFF'S 151V EXHIBIT rr- 1n Zg-TUTES OF ANNUAL :25TI3G .U r; o C N r i R2 of the MINUTES FRICTION IIAIERIAIS STANDAF.DS INSTITUTE, EJC. Wednesday end Thursday, June 23 and 29, 1978, 8:30 A.11, at Caaelback Inn, Scottsdale, Arizona :z:3Z? PP.2SENT Abex Corporation - Auto Friction Corporation Beadix Corporation Brassbestos 1-Iaaufacturlng Corp. Carlisle Corporation General Hotors Corporation Lear-S^egler Inc* liuturn Corporation Raybestos-Hanhattan Inc. ?addat;ay Ilanufacturlng Co* S.K. Uellaaa Corporation TTheeliag Brake Block PROXY AVAILABLE Lasco Brake Products E.K. Porter Co. OTHERS PRESENT PEPRESENTAIIVES P.. L. Cutler Adrian Coslns ?. E. Heesler W. Sl&on 11. E. Harris, Jr. ?.. J. Kick D. J. Ogilvie J. H. Greenen E. E. lioalll F. H. Barton G. A. Carrigan L, Burgess (6/28) I. J. Laher (I. V. Drislane) J. C. Black ( H* Drislane) .< A \ * v -t Auto Friction Corporation fi. Kublin Bendix Corporation Friction llaterlals Division H. T. liassler (6/28) Automotive Afternarket Oparationa D. Godfrey Heavy Vehicle Systexs Group E. Elliott Carlisle Corporation E. Perritt Delco--Horaiae Division E. E. Kettering G. P. Baynes (6/28) Lear-Sieglar Corporation D. Lee R. Luellen liuturn Corporation J. Hallow Raybeetoe-tianhattan, Inc. D. Cunningham Keddawsy Manufacturing Corp. J. Moore S.R* Heilman Corporation R. Kaminski Wheeling Brake Block G. Stratton (6/28) Cornan 6 Cole R. P. Goman Friction Materials Standards Inc E. W, Drlalanc w- *.. khSuAi ,*e*.u* -- JU&* 48**5, A7/0 ASSTSTOS STEP* C0iiaTtS2 REPORT " ;ir. E. S. Wagner of Carlisle Corporation, Chairman of the Asbestos Study Committee^paepared this report. In Hr. Wagner's absence the Secretary read*the report. Please refer to Exhibit 9. ------- I. ' Mr. Wagner reported on work that a Task Force from the Cotanittee had completed on preparation ef a work practices booklet concerning the handling of asbestos-containing frictos materials. Considerable progress had been made In the preparation of this booklet hut it was noted that at the Board of Directors aeetihg on June 27, 1978 that the Board directed that the Task Force euboit this booklet to the Asbestos Study Cosittee who would then sake recommendations to the Board of Directors. Upon notion duly cade, seconded and unanimously passed, it was; 2ZSC1VED: To accept the report of the Asbestos Study Committee as written. Ur. Adrian Comias asked that the Institute consider the question of a possible recall of asbestos-hearing friction materials if such action were taken by the Consumer Product Safety-Cotsission. ;ir. Comlns was concerned trith tha recall provisions of the Federal Hazardous Substances Act which the Consumer Product Safety Commission administers. If asbestos bearing friction materials were to be recalled under the Federal Hazardous Substances Act, manufacturers would have to refund not only their distributors or rebuilders for the mciufacturere' selling price but v7ould have to pay shipping and packing costs of all those further down the line In the distribution network. He indicated that this was the bill that manufacturers would old: up for the Trls recall. Ha indicated that this could be substantial cost should asbestos-bearing friction materials be recalled under the Federal Hazardous Substances Act. A question was raised U to whether product liability insurance would cover the costs of any such recall* It was not known whether this insurance would cover this type of recall. One member indicated that ha didn't believe that there could be such p recall b7 the Consumer Product Safety Commission because he questioned whether the Consumer Product Safety Commission had jurisdiction over asbestos-hearing brake linings. Discussion on the Consumer Product Safety Commission problem was enlarged to include other Federal regulatory agencies including CSHA: CPA, etc. It was indicated that even if a government recall could not be supported by a rational review of scientific date, that_____ in the existing environment, with pressures from environmentalists. Che jiedla-aad some regulators, that a recall is still a possibility, s lir. Carrigan indicated that beryllium users hsve scientific data which would Indicate that certain sections of the OSIiA beryllium standards are unaupportable, but that regulations have nevertheless been adopted. Ur. Harris noted that the Asbestos Information Association has given outstanding service to manufacturers with valuable legal and medical information concerning the asbestos problem. Bt particularly suggested that friction materials manufacturers who are not members consider . supporting and joining the Asbestos Information Association. The * etudy that Dr. Jacko of Sendix had run for the Environmental Protection Agency -was dleuased. In that paper Dr. Jacko attempted to quantify tha amount of asbestos emissions into the atmosphere from brakes and clutches. That paper provided data that supported the view that the general public i--iutes oi cae ^causl .ieeting -u- June 23-29, 1973 is not subject to excessive exoosjtfe-co^asbestoo from vehicular brakes ~' or clutches. A member coasenyted that the basic area where asbestos is a "problem Is la* the'workplace and not in the general environment and " he questioned,.,whether asbestos-bearing brake linings could be considered a harmful consumes product, such less.a hazardous .suDstacce. . lir. Comics suggested that the Institute should ask for a hearing while the Consumer Product Safety Commission nay be re-drafting rules on recall procedures, the Secretary advised that in 1977 Hr. Comics suggested that individuals write to the Consumer Product Safety Commission as regards recall procedures under the federal Hazardous Substances Act. Hr. Comlns was now' asking that the Institute act as an organization to bring this question to the attention of the Consumer Product Safety Cotaission. The Secretary quoted from the minutes of the January meeting of the Asbestos Study Committee where Hr. *d Fenner of Johns-HanviUe stated that there was litigation underway concerning whether aluminum wiring in a house is a consumer product. Also it was noted that there was a survey being made for the Consumer Product Safety Commission by Kearney Associates concerning asbestos-bearing products which might emit respirable asbestos and be covered by regulations of the Consumer Product Safety Commission. The Secretary Indicated chat he would check the status of the Kearney report snd advise. Hr. Cooins stated that as regards Individuals writing the CFSC, that to his knowledge no setion hsd been takes by anyone, and that it would be necessary for the Institute to take an active role as regards Consumer Product Safety Commission recall procedures. One member indicated that his company was concerned about the possibility of Consumer Product Safety Corelsalon action and had given serloue consideration to the question of recall procedures. It was suggested that the Institute work through the Asbestos Information Association to call this problem to the Consumer Product Safety Commission's attention. In response to e question, the Secretary indicated that the Institute has good liaison with the Asbestos Information Association. Hr. Coaiss Indicated that he was not satisfied with the Asbestos Study Committee's handling of the recall problem with the Consumer Product Safety' Commission. After additional discussion Hr. Comlns asde a,motion as follows: SZSOLVED*. That the friction Materials Standards Institute take an active role with the Consumer Product Safety Commission regarding the position of friction materials manufacturers as 'to recall procedures that could possibly offset asbestoscontaining friction materials. The motion was duly seconded* A count of the members indicated that there were 11 is attendance when this motion was put on the floor. Six members voted in favor of this resolution, with two opposed and threa ssbstalatag. According to the Constitution snd By-Laws, the resolution passed with a majority of those in attendance voting in favor of the resolution. Hr. Comlns indicatsd conearn about non-asbestos bsering friction materials., and noted thee there may be federal funds available fer # project such as joint research to develop non-asbestos friction material* because of the alleged hazards of asbestos In the work place and environment. Hr. Comine suggested that the Institute seek federal finding to establish such s joint research project. It was asked if a joint research project of the Annual Ilsstiag -12- Jun* 28-29, 1978 'would be legal and feasible. Were there anti-trust implications .from this type of research? Several members indicated that their companieswould not contribute either directly or indirectly to funding of' such joint'research.' ^ Sefereace was oa.de to a proposed Sew Jersey law whi^h-wag^scrapped about a year ago which proposed to ban the manufacture-use.or sale of any carcinogsnic oaterial, which included asbestos./ If'such a statute were to pass in one state it could effectively ban asbestos In brake linings throughout the United States. This proposed Mew Jersey statute was abandoned after it. was realized that it would just about close down the manufacturing industry in New Jersey. Even if such a ban were feasible, eves Ur. Selikoff has indicated that there are controls chat can keep asbestos concentrations to non-harmful levels. Several delegates indicated that they were strongly opposed to any kind of joint resecsrch project for the'development of e non-asbestos lining and this sujjbect __ was then dropped. l fj / 35AK5 FSFJOEIANCE STUDY committee Ur. Nelson, Chairman of the Stake Performance Study Coaaittee prepared his committee's report. Ur. Nelson could not attend this meeting and Ur. Son Cutler of Abes read the report. Please refer to Exhibit 7. The Chairman's report discussed items such as the Quality Control Program and recent moves in Washington and the courts concerning Federal Hotor Vehicle Safety Standard 121 (air brake systems standard). The Chairman also discussed Standard 105-75 and contact with Mr. Fred ;-dler of the National Highway Traffic Safety Administration concerning Docket 1-4 (replacement brake shoe and lining assembly}. Be indicated thet this docket was being reactivated end vm could expect to heat more an it in the near future. Ur. Nelson reviewed his discussions with lr. Redler concerning projects that could affect brakes including such items as longer life friction materialsi brake system iatpeccibiliey, and the up-grading of both the hydraulic end air brake systems standards. Is also discussed AAMVA certification requirements end activities of the Vehicle Equipment Safety Commission. Be noted thee the Institute had been in contact with the Defense Supply Agency concerning the proposed federal brake lining specification BEL-36IS, end thet the Defense Construction Supply Center indicated that the revision E variation of this specification celling for full dynamometer tests was not satisfactory. They indicated agreement with the Institute position about the unworkability of Bevision E. The Defense Construction Supply Center is now working on s Bevision F which it is hoped will include seme of the suggestions thee the Institute * sect over the past year. In reading Ur. Nelson's report, Ik. Cutler commented on the Quality Control Program '.There he asked for some feed-back concerning work of the Qualify Control Sub-committee. It wee asked if members bad been