Document Sample
					                                                               Pt. 1305                                                               16 CFR Ch. II (1–1–07 Edition)

                                                               PART 1305—BAN OF ARTIFICIAL                               § 1305.3    Definitions.
                                                                 EMBERIZING MATERIALS (ASH                                  (a) The definitions in section 3 of the
                                                                 AND EMBERS) CONTAINING RES-                             Consumer Product Safety Act (15
                                                                 PIRABLE FREE-FORM ASBESTOS                              U.S.C. 2052) apply to this part 1305.
                                                                                                                            (b) Asbestos means a group of mineral
                                                               Sec.                                                      fibers composed of hydrated silicates,
                                                               1305.1 Scope and application.                             oxygen, hydrogen and other elements
                                                               1305.2 Purpose.                                           such as sodium, iron, magnesium and
                                                               1305.3 Definitions.                                       calcium in diverse combinations and
                                                               1305.4 Artificial fireplace ash and embers as             are: Amosite, chrysotile, crocidolite,
                                                                   banned hazardous products.
                                                                                                                         anthophyllite asbestos, actinolite as-
                                                               1305.5 Findings.
                                                                                                                         bestos, and tremolite asbestos.
                                                                 AUTHORITY: Secs. 8, 9, 30(d), Pub. L. 92–573,              (c) Free-form asbestos is that which is
                                                               as amended, Pub. L. 94–284; 86 Stat. 1215–17,             not bound, woven, or otherwise
                                                               as amended, 90 Stat. 506 (15 U.S.C. 2057, 2058).
                                                                                                                         ‘‘locked-in’’ to a product by resins or
                                                                 SOURCE: 42 FR 63364, Dec. 15, 1977, unless              other bonding agents, or those from
                                                               otherwise noted.                                          which fibers can readily become air-
                                                                                                                         borne with any reasonably foreseeable
                                                               § 1305.1     Scope and application.
                                                                 In this part 1305 the Consumer Prod-                       (d) Emberizing materials means an as-
                                                               uct Safety Commission declares that                       bestos-containing material generally
                                                               artificial emberizing materials (ash                      packed in an ‘‘emberizing’’ kit to be
                                                               and embers) containing respirable free-                   placed under artificial logs in gas-burn-
                                                               form asbestos generally packaged in an                    ing fireplace systems or in artificial
                                                               emberizing kit for use in fireplaces,                     fireplaces for decorative purposes. The
                                                               and designed for use in such a manner                     product is also glued to artificial logs,
                                                               that the asbestos fibers can become                       either at a factory or by a consumer
                                                               airborne under reasonably foreseeable                     using an emberizing kit. (Synthetic
                                                               conditions of use are banned hazardous                    logs manufactured of cellulostic prod-
                                                               products under sections 8 and 9 of the
                                                                                                                         ucts which are consumed by flames are
                                                               Consumer Product Safety Act (CPSA)
                                                                                                                         not included in this definition. Electric
                                                               (15 U.S.C. 2057 and 2058). This ban ap-
                                                                                                                         artificial logs and artificial ash beds
                                                               plies to artificial emberizing materials
                                                               available in separate kits or with arti-                  used in electric fireplaces, which do
                                                               ficial fireplace logs for use in fireplaces               not contain respirable free-form asbes-
                                                               and sprinkled or coated by consumers                      tos are not included in this definition.)
                                                               on the artificial logs to simulate live
                                                                                                                         § 1305.4 Artificial fireplace ash and
                                                               embers and ashes and give a glowing                           embers as banned hazardous prod-
                                                               appearance when subjected to high                             ucts.
                                                               temperatures. Bags of material con-
                                                               taining asbestos that are sold sepa-                        On the basis that airborne asbestos
                                                               rately to be sprinkled on and under ar-                   fibers present the hazards of cancer
                                                               tificial logs to simulate burning and                     such as lung cancer and mesothelioma
                                                               glowing ashes also come within the                        to the public, artificial fireplace ash
                                                               scope of this ban.                                        and embers containings respirable free-
                                                                                                                         form asbestos are banned hazardous
                                                               § 1305.2     Purpose.                                     products.
                                                                 The purpose of this rule is to ban ar-
                                                                                                                         § 1305.5    Findings.
                                                               tificial emberizing materials con-
                                                               taining respirable free-form asbestos.                      (a) The degree and nature of the risk of
                                                               These products present an unreason-                       injury. The Commission finds that the
                                                               able risk of injury due to inhalation of                  risk of injury which this regulation is
                                                               fibers which increase the risk of devel-                  designed to eliminate or reduce is from
                                                               oping cancers such as lung cancer and                     cancer, including lung cancer and
                                                               mesothelioma, diseases which have                         mesothelioma. Measurements are not
                                                               been demonstrated to be caused by ex-                     available of the amounts of asbestos in
                                                               posure to asbestos fibers.                                the    air  from    asbestos-containing
erjones on PRODPC74 with CFR


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