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-
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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