[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1305.5]

[Page 384-385]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1305_BAN OF ARTIFICIAL EMBERIZING MATERIALS (ASH AND EMBERS) 
CONTAINING RESPIRABLE FREE-FORM ASBESTOS--Table of Contents
 
Sec.  1305.5  Findings.

    (a) The degree and nature of the risk of injury. The Commission 
finds that the risk of injury which this regulation is designed to 
eliminate or reduce is from cancer, including lung cancer and 
mesothelioma. Measurements are not available of the amounts of asbestos 
in the air from asbestos-containing

[[Page 385]]

emberizing materials in homes. However, it appears that the amount of 
airborne asbestos in such homes would increase when air currents in the 
home are created by downdrafts from a fireplace chimney or other 
activities that stir air in any room. Since emberizing materials may 
contain up to 50 percent asbestos, which if not permanently bound into 
artificial fireplace logs would be in respirable form, the risk 
associated with emberizing materials is considerable, especially since 
it continues to exist 24 hours a day.
    (b) Products subject to the ban. Artificial emberizing materials are 
decorative simulated ashes or embers, used in certain gas-buring 
fireplace systems, which glow to give the appearance of real burning 
embers. The material is sprinkled on or glued to gas logs, or sprinkled 
on fireplace floors.
    (c) Need of the public for the products and effects of the rule on 
their utility, cost, and availability. Artificial fireplace emberizing 
material serves a strictly decorative purpose and does not materially 
affect the actual performance of the fireplace gas system in terms of 
its ability to provide heat. A certain degree of aesthetic desirability 
exists, however, since the product ``system'' itself (the gas log, 
ashes, and embers) is intended to simulate burning wooden logs. Gas logs 
may be sold with artificial emberizing material attached at the factory 
(the log commonly referred to as being ``frosted''), or with the 
``embers'' in a separate kit, often mixed with simulated ``ashes.'' 
Virtually all gas logs are either frosted or packaged with an emberizing 
kit; however, the majority of gas logs produced in 1977 were packaged 
with non-asbestos-containing emberizing kits. The Commission estimates 
annual sales of artificial gas logs at approximately 100,000 units. Some 
25,000-30,000 of these would be subject to the ban. Approximately 
100,000 gas logs frosted or treated by consumers with asbestos are 
estimated to be in existence. The Commission believes that the majority 
of gas logs are sold with emberizing kits; this gives the consumer a 
choice as to whether or not to use the artificial embers and ashes.
    (1) Utility. Manufacturers of artificial gas log emberizing material 
are currently using four substitutes for asbestos in their products: 
vermiculite, rock wool, mica, and a synthetic fiber. None of the four is 
claimed to be as aesthetically effective as asbestos. Thus, the utility 
derived by consumers from some gas-burning fireplace systems may be 
adversely affected.
    (2) Cost. No effect on the overall price level of gas logs is 
anticipated as a result of the ban. The average price of emberizing kits 
may rise somewhat; the Commission estimates the total price effect of 
the ban on consumers at under $25,000.
    (3) Availability. The Commission believes that all producers of 
artificial emberizing material will have eliminated asbestos from their 
products by the time the ban becomes effective. No significant impact on 
the availability of asbestos substitutes to producers nor on the 
availability of gas logs or emberizing kits to retail dealers and 
consumers is expected as a result of the ban.
    (d) Any means of achieving the objective of the ban while minimizing 
adverse effects on competition or disruption or dislocation of 
manufacturing and other commercial practices consistent with the public 
health and safety. The Commission believes that there will be minimal 
disruption to the market for artificial emberizing materials as a 
consequence of the ban and that no further reduction in adverse effects 
is feasible.