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BU LLETIN S I s II I 00 ? Ui 1o FMSI 16808 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 850 April 8, 1986 EPA'S PROPOSED RULE TO BAN AND PHASE OUT ASBESTOS USES In BULLETIN NO. 845 of February 12, 1986, we advised on EPA's proposed rules for a ban on the use of asbestos. The proposals, and options to the general proposal, would in effect ban the use of asbestos in friction products in either five or ten years. In that proposal, EPA set a comment cut-off date of April 29, 1986, and scheduled public hearings to start on about May 14, 1986. The EPA has now advised that the comment period has been extended until June 30, 1986. Also, they state that they expect the hearings to be rescheduled to start on about July 14, 1986. For further information concerning the status of these proposals and scheduled hearings, you may contact the EPA at 800-424-9065. As noted in BULLETIN NO. 845, a meeting of the Institute's Board of Directors was called to consider an Institute position on these proposals. That Board meeting was held on March 11. The Board recommended that the Institute advise the EPA of several objections to the proposals as they would effect friction products. Mr. Riopelle, Chairman of the Institute's Health and Environmental Affairs Commit tee, and Mr. Drislane were asked to draft comments reconfirming earlier comments to EPA and OSHA, and adding new comments as appropriate. It is understood that not all Members of the Institute will necessarily support the Institute comments. The individual directors were not unanimous in support of these comments. The draft will shortly be sent to the Board of Directors and Legal Counsel, and it is expected that the general line of comments will be for warded to EPA before the new comment cut-off date. For those wishing to comment individually, they should write: Document Control Officer (TS-793) Office of Toxic Substances Environmental Protection Agency Room E-209 401 M Street, S.W. Washington, DC 20460 The foregoing is for your information. E. W. Drislane Executive Director Distribution: Delegates and Alternates Regional Members (U.S. Dues) H.E.A. Committee Active Members - List B FMSI 16809 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 849 April 2, 1986 HISTORICAL SALES PROGRAM The historical sales program continues on a quarterly basis. Regional Members using the Institute's copyrights and trademarks for marketing their products in the United States may participate if they wish. The Institute is requesting details of pieces sold for the first quarter- January 1 - March 31, 1986. Reporting rules remain un changed . 1. Quantities will be reported in pieces (not units or sets). For roll linings, each foot of length will be one piece. 2. The Accountants will report the names of the Members from whom reports are received. 3. Total pieces in each group will be reported. 4. "Clutch Facings" does not include gear tooth discs, automatic trans mission discs, or the 8-14" diameter (3/16 to 1/2" thick) asbestos composition discs. The Accountants' report will have the same format as that used for the last several reports. The Accountants will list the names of the Members reporting in each product line. The input to the Accountants will be confidential. Totals for each group will be shown and one cannot determine quantities reported by individual Members. You will be receiving from Marshall Granger & Company, CPA, a form for completing this information. Please return it to: Marshall Granger & Company, CPA 1600 Harrison Avenue Mamaroneck, NY 10543 If you will report, please have your figures in by May 15, 1986. If you do not wish to report these figures, no reply is necessary. Only those reporting figures will receive the industry totals when the data is summarized. A sample form and defini tions are attached. E. W. Drislane Executive Director Distribution: Historical Sales List. FMS116810 EXHIBIT A" STATISTICS PROGRAM OF IS FRICTIOH liATESIALS STANDARDS INSTITUTE, IHC. Hall to: Marshall Granger & Co., CPA 1600 Harrison Avenue Mamaroneck, If? 10543 A ******** it * A R * * * A it it it * A A See Instructions for sales to other members. Pieces sold to United States distributors, jobbers, private brands, rebuilders, brake specialists, fleets, mass merchandisers, direct consumers, government agencies, or other customers for use in the United States replacement market: HQHTllS JAHUaRY 1, MAR 31 1986 brake linings les3 than 3/4" nominal thickness (See explanation for roil linings). _ Brake blocks, nominal thickness of 3/4" and over Disc Brake Linings Clutch Facings Total Pieces USE REPORTING : p OE SENT BV fiOLoLAT.TfHy" STATISTICS SUPPLIED BY ______________________________________ Signature Company Telephone Humber FMS116811 EXHIBIT "B" DEFINITION FOR HISTORICAL SALES PIECES The reports will show pieces of friction material, in groups as shown: Group Description Normal Usage Brake Lining Friction materials less than a nominal 3/4" thickness (See note on roll lining) Normally, one piece to a shoe Brake Blocks Disc. Brake Linings Friction materials with a . nominal thickness of 3/4" and over Friction materials sold (for disc brakes) to be attached to the shoe, or sold as a unit molded, bonded or riveted to the shoe Normally, two pieces to a shoe Normally, one piece to a shoe Clutch Facing Friction.materials of annular shape, or segments thereof (See note on clutch buttons) Normally, two annular pieces per clutch plate Note: For roll lining only, consider each foot of length equals one piece. Consider four clutch buttons as one facing. REPLACEMENT SALES TO UNITED STATES MARKET This reporting is for sales to the United States replacement market only. Do not include sales to other markets. This includes sales under the friction material manufacturer's own name or brand name used by the customer, to automotive ware house distributors, jobbers, rebuilders, brake specialists, fleets, mass merchan disers, direct consumers, government agencies or other customers for use in the United States replacement market. When a friction materials manufacturer is shipping to a vehicle manufacturer, brake manufacturer, or clutch manufacturer, but has no reasonable way of determining if the pieces are for original equipment replacement purposes, estimates will not be used -- these pieces will not be reported. However, where a friction material manufacturer is shipping to a point known to be used for replacement, or where he stencils or otherwise identifies the pieces as being for replacement purposes, or where the shipments otherwise are obviously known to be for replacement, these pieces will be reported. The member who sells to the type customer or user Indicated above will report those pieces sold, even if purchased from another Active Member or Regional Member. When you sell your friction materials to another Member (Active or Regional) do not report those sale3. Materials sold to Licensee Members of the Institute for the replacement market should be included. FMS116812 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 , ,, BULLETIN N 0. 8 4 8 March 20, 1986 SAE BRAKE EFFECTIVENESS TASK FORCE DRAFT PROCEDURE - BRAKE BLOCKS Over the past three or four years, there has been considerable pressure to develop an improved friction/perfortnance grading system for brake linings. The users are not satisfied with the friction rating system outlined by . Vehicle Equipment Safety Commission Regulation V-3 (based on SAE J661 pro cedure). Since New York State adopted the J661 procedure for friction codes in the mid-sixties, some have attempted to claim much more for the friction codes than was intended, and this included matching of tractor versus trailer blocks, claiming "equivalence" where codes were identical, etc. In 1983 the Truck Trailer Brake Research Group (TTBRG) was formed by the American Trucking Associations (ATA), Motor Vehicle Manufacturers Association (MVMA) and the Truck Trailer Manufacturers Association (TTMA). Their ex pressed concerns were the need for a better friction/performance rating system, along with a means for permanent identification of materials. A Mr. Ralph Grabowsky contacted the SAE in 1983 concerning alleged problems with the X Car rear brakes. Because of these and other concerns, a special Task Force was established at the SAE under its Brake Subcommittee 2 for Brake Linings to consider developing an improved friction rating system. The original group was termed the J866a Task Force - J866a being the "Friction Identification System" where normal and hot friction coefficients were tied to certain friction machine friction levels. This became the EE, FE, GG, etc. code basis. This Task Force has been chaired by Mr. Arne Anderson of Ford Motor Company. It is likely that this Task Force will soon become a full SAE Subcommittee. In addition to representatives of brake lining manufacturers sitting on the Task Force, there are individuals with vehicle and test equipment orientation. Among the Institute Members, four companies have representation: Abex, Allied Automotive, Carlisle and Brake Systems, Inc.. The work of the TTBRG and our activities with the Institute's Brake Performance Study Committee on these matters have been reported at the Annual Membership Meetings since 1983. Mr.. Anderson's SAE Task Force has not been idle. While the effort currently centers on brake blocks for Tractor/Trailer usage, the Task Force will go further with passenger car and light truck brake linings when time permits. The Task Force has reached a general consensus that the friction test machine is not capable of giving the user a reliable friction grading system, and for brake blocks, the likely test apparatus will be an inertia dynamometer. As a start, it is likely that a Rockwell 16-1/2 x 7 Q Brake will be the standard brake. At its meeting in February 1986, the Task Force Chairman distributed copies of two draft recommended practices. These are labeled as follows: SAE J1801 (Draft): Brake Effectiveness Coding and Marking SAE J1802 (Draft): Brake Block Effectiveness Rating FMS116813 BULLETIN NO. 848 -2- March 20, 1986 Copies of these drafts are enclosed for your information. You will note that the J1801 draft proposes a permanent friction identification system where grooves are cut into the side of the bJ.ock. One groove serves as the reference groove, and the other two indicate the hot and. normal friction, codes. The distinction between hot and normal is in the width of the groove, and the distance from the reference groove is a measure of the friction rat ing. The J1802 draft uses the general procedures developed in the dynamometer section of Federal Motor Vehicle Safety Standard 121 ("DOT 121"), the air brake system standard, as the basis for the test. Effectiveness ratios are as developed in that procedure on a 16-1/2 x 7 air brake. At this step, the Task Force is interested in comments, and such comments could be forwarded to the Institute Office for relaying to the Task Force,, or could be sent directly to Mr. Anderson, Chairman of the Task Force. (His mailing address is: 11314 Mayfield, Livonia, MI 48150). It should be understood that this procedure is in a draft status at this time. Several comments have already been directed to the Chairman from brake block manufacturers both in writing and during the recent February meeting. This information is sent to keep the Members current as regards development of an improved method for rating brake blocks, which would involve added , certification costs and added continuing cost for the groove requirements. E. W. Drislane Executive Director Distribution: Active Members Regional Members (U.S. Dues) FMS116814 I/24/So BRAKE EFFECTIVENESS TASK FORCE - DRAFT RECOMMENDED PRACTICE SAE J1801 (DRAFT), BRAKE EFFECTIVENESS CODING AND MARKING INTRODUCTION - Coding and marking methodologies in this SAE Recommended Practice are intended to assist in determination of brake lining effectiveness values, and thus to aid in the selection of replacement brake linings. The Normal and Hot Effectiveness rating values are intended to permit basic frictional performance comparisons for typical service usage conditions. Because of the many different brake lining formulation types and compositional variations, equivalent frictional performance for all service and usage conditions requires replacement with brake linings of the same formulation type and dimensions. This may not be possible nor desirable in all situations. Brake linings subjected to hard service, such as truck brake blocks, should be selected on the basis of their duty rating in addition to their effectiveness values. 1. SCOPE - This SAE Recommended Practice provides the methods to calculate numerical values of brake effectiveness, using data from single station inertia dynamometer tests, and for the marking of these values on the brake lining edges. Lining vendor and formulation identification to be added??? 1.1 These edge marking codes are intended to provide relevant and meaningful data on the Normal and Hot Effectiveness of the brake linings in service usage, to aid in the determination of basic frictional properties for replacement brake linings. 1.2 The edge marking methodology is intended to permit accurate interpretation of the effectiveness values for a brake lining set over the full wear life of the friction materials. 2. Purpose - The purpose of this SAE Recommended Practice is provide a uniform method for coding and marking numerical values of Normal and Hot Effectiveness, based on test data obtained from single station brake dynamometers. * to 3. Effectiveness Determination - The brake effectiveness, for this Recommended Practice, is a nondimensional value that is qalculated*from a minimum of three inertia dynamometer brake test procedures. Brake effectiveness is a measure of the ratio of brake frictional output to input, excluding actuator friction and return spring forces. It is primarily related the brake lining friction coefficient, but may also include factors that are dependent upon the design of the brake assembly and upon other characteristics of the brake lining. FMSI 16815 3.1 The normal effectiveness values, from a minimum of three dynamometer test procedures, are arithmetically averaged to obtain the normal effectiveness rating. Similar averaging is used to obtain the hot effectiveness rating. 3.1.1 The coding employs edge grooves that may be ground, cut, coined, molded, or otherwise permanently impressed into the edge of the brake lining. The effectiveness values are coded by placing two parallel grooves a distance apart that is equal to 2.5 times the effectiveness value, when measured in millimeters (nearly 0.10 times the effectiveness value, when measured in inches). 3.1.2 For the Normal Effectiveness code, these two grooves are to be 1.0 millimeters wide and 2.0 millimeters deep, placed approximately square to the lining edge. Figure 1 illustrates the marking for a brake block with a normal effectiveness value of 10.8. These (narking grooves would be on 27 mm <1.06 inch) centers. 3.1.3 For the hot effectiveness code, these two grooves are to be 2.0 millimeters wide and 1.0 millimeters deep, placed approximately square to the lining edge. Figure i also illustrates the edge marking for a brake block with a hot effectiveness value of 5.6, thus with grooves 14 mm (0.55 inches) apart. 3.1.4 One of the two grooves for both Normal and Hot Effectiveness codes are to be superimposed as a reference groove. The remaining two grooves are both to be on the same side of the reference groove, as shown in Figure 1. NOTE: Additional sections to be added -- for disc brake linings and passenger car/light truck drum lining segments. The marking of manufacturer and formulation on the side of the brake lining, beside the effectiveness coding should be considered. SAE J1802 (DRAFT) is meant to be the draft Brake Block Effectiveness Rating Recommended Practice. C * 'rj6o ) FMSI 16816 BRAKE BLOCK. EDGE MAfcKINGr 'fi&ti&L i -#-j | J*9- ' 2WM JL JiORtAKL >_____ REFERENCE H-zmM 1MM r FMS116817 BRAKE EFFECTIVENESS TASK FORCE - DRAFT RECOMMENDED PRACTICE SAE J1802 (DRAFT), BRAKE BLOCK EFFECTIVENESS RATING Introduction -- The brake block test methodologies in this SAE Recommended Practice represents the accumulation of the best information available which is applicable to the entire range of brake blocks, whether asbestos-based, non--asbestos organic, semimetallie, or full metallic in composition. This SAE Recommended Practice is intended to supercede that of SAE J866. A single station inertia dynamometer is utilized to determine the brake effectiveness under low temperature conditions and for high temperature usage. The use of a complete brake assembly was chosen to characterize the performance of full ' brake assemblies and thereby to eliminate the shortcomings inherent in the use of small brake lining specimens. This procedure was derived from the dynamometer portion of FMVSS 121. 1. SCOPE -- This SAE Recommended Practice provides the test procedures and methods to calculate the effectiveness of brake blocks, using a single station inertia dynamometer and a prescribed reference 16.5 X 7 s-cam drum brake assembly. 2. PURPOSE ~ The purpose of this SAE Recommended Practice is to establish a uniform procedure for the determination and classi fication of brake effectiveness for commercial vehicle brake blocks. This SAE Recommended Practice should permit comparison of basic frictional properties for brake blocks. 3. TEST PROCEDURE -- This test procedure applies to a reference air brake assembly of 16.5 X 7 inch size (419mm X 178mm) that utilizes an S cam actuation, with the cam and brake having the same rotational directions for forward braking. A single reference brake assembly is used, both to simplify the testing and to minimize test variability due to brake differences. Specifications for this brake assembly, including component dimensions, assembly tolerances, maintenance procedures, and replacement parts lists are included in Reference Document JI802B. The dimensional, chemical, metal 1urgical, and surface finish requirements of the test brake drums are included in SAE Reference Document J1802D. Both documents are available from SAE Headquarters upon written request. 3.1 DYNAMOMETER TEST CONDITIONS 3.1.1 The dynamometer inertia is to be set to 1200 kg*m*m (884 siug*f t*ft). 3.1.2 Ambient temperature for the dynamometer cooling air is to be between 15 and 40C (59 and 104F). FMSI 16818 3.1.3 Air at ambient temperature is directed uniformly and continuously over the brake drum during the test procedures at a velocity that will cool the brake drum from 250C <482F> to 100C (212F) in _______ + / -- _______ seconds, when rotated at a uniform 200 rpm. 3.1.4 The brake drum temperature is measured by three thermocouples installed in the center of the drum and at 120 degree intervals. The thermocouples holes are drilled to within 3 millimeters (0.12 inches) of the rubbing surface. Installation is per SAE J_______(J1802D?) . 3.1.5 Specified temperatures are to be maintained within +/ -- 10C <+/- 18F). ' 3.1.6 Specified pressures are to be maintained within +/-- 10 kPa (+/-- 1.4 psi> and are measured at the brake chambers. Alt. 3.1.6 Specified S cam torques are to be maintained within + /-- _______ rim ( + /--_____inch pound). 3.1.7 Air pressure is to attain the specified value within 0.5 seconds +/-- 0.1 seconds. Alt. 3.1.7 S cam torque values are to have a rise time of 0.5 seconds, +/ -- 0.1 seconds. 3.1.8 The maximum supply air pressure to the chambers is not to exceed 800 kPa <116 psi). 3.2 BRAKE BURNISH PROCEDURE 3.2.1 Brakes are burnished before testing as follows: Place the reference brake assembly, with new test linings, on the inertia dynamometer and adjust the brake as specified. Make 200 stops from 320 rpm at a deceleration rate of 5.5 rpsps with an initial brake drum temperature on each stop of 200C (392F). 3.2.2 Make 200 additional stops from 320 rpm at a deceleration of 5.5 rpsps with an initial brake drum temperature on each stop of 300C (572F). After burnishing, the brake is adjusted as specified. 3.2.3 The brake drum temperature is increased to a specified level by conducting one or more stops from 320 rpm at a deceleration of 5.5 rpsps. 3.2.4 The brake drum temperature is decreased to a specified level by rotating the drum at a constant 240 rpm. 3.3 BRAKE THRESHOLD PRESSURE 3.3.1 Determine the threshold pressure of the brake assembly as follows: FMS116819 3.3.1.1 With the brake dynamometer rotating at lOO rpm, gradually increase the brake chamber air pressure until drag is measured. Increase the pressure further until enough pressure /torque test data is collected to determine the pressure. PI, that just initiates brake drag, for increasing pressure. 3.3.1.2 gradually decrease the brake chamber air pressure, recording pressure /torque until sufficient test data is collected to determine the pressure, P2, that minimally retains a brake drag, with decreasing pressure. 3.3.2 The threshold simple average of PI units of measurement air pressures. pressure and P2. that are of the test brake assembly is the Record this value, using the same used to record the brake chamber . 3.4 BRAKE EFFECTIVENESS 3.4.1 NORMAL TEMPERATURE TEST 3.4.1.1 After burnishing the brake per 3.2, with an initial brake drum temperature of lOOC (212F), conduct a stop from 400 rpm, maintaining brake chamber air pressure (S cam torque) at a constant 140 kPa (20 psi). Record the average torque exerted by the brake from the time the specified air pressure is reached until the brake stops. Perform this procedure four times, increasing the brake chamber air pressure by 70 kPa (10 Psi) each time. After each stop, rotate at 240 rpm until the drum temperature is lOOC (212F). 3.4.2 HOT BRAKE TEST 3.4.2.1 The brake assembly shall complete 10 consecutive decelerations at an average rate of 5 rpsps from 400 rpm to 120 rpm at equal intervals of 72 seconds, and shall decelerate to a stop from 160 rpm at an average deceleration of 6.4 rpsps 60 seconds after the 10th deceleration. The series of decelerations shall be conducted as follows: ' 3.4.2.2 With the initial brake drum temperature at lOOC (212F) for the first brake application, and the drum rotating at 400 rpm, apply the brake and decelerate at an average deceleration rate of 4.1 rpsps to 120 rpm. Upon reaching 120 rpm, accelerate to 400 rpm and apply the brake for a second time, 72 seconds after the start of the first application. Repeat the cycle until 10 decelerations have been made. 3.4.2.3 One minute required by 3.4.2.2 160 rpm, decelerate of 6.4 rpsps. after the end of the last deceleration and with the drum rotating at a speed of to a stop with an average deceleration rate FMS116820 3.4.2.4 Brake Recovery Starting 120 seconds after completing the tests required by 3.4.2.3, the brake shall make 20 consecutive stops from 240 rpm with an average deceleration rate of 5.5 rpsps, performed at equal intervals of 60 seconds, measured from the start of each brake application. 3.6 Effectiveness Determination The brake effectiveness for this Recommended Practice is the nondimensional value that is calculated from the measured brake torque output and the nominal torque input. The torque input is the simple product of effective input pressure, nominal chamber area, and nominal slack arm length -- all in compatible measurement units, such as inch pounds, psi, square inches, and inches (or newtonmeters, pascals, square meters, and meters). Effective input pressure is defined as the difference between the recorded brake chamber air pressure and the threshold pressure, as determined in 3.3.2. 3.6.1 NORMAL EFFECTIVENESS is determined from the arithmetic average of the four values calculated from 3.4.1, the Brake Effectiveness Procedure, using the average torque values and their effective input pressures (chamber air pressure minus threshold pressure). 3.6.2 HOT EFFECTIVENESS is determined by taking the average of the four lowest effectiveness values from the 31 stops in . 3.4.2. These effectiveness values are calculated, far 3.4.2.2, using the maximum effective input pressures that occur within the period from 0.5 seconds after the brake is applied, until the brake is released. The effectiveness values are calculated, for 3.4.2.3 and 3.4.2.4, from the maximum effective input pressures that occur within the period from 0.5 seconds after the brake is applied until 0.5 seconds before the brake is released. NOTEs SAE J1801 (DRAFT) is here meant to be the draft Brake Effectiveness Coding and Marking Recommended Practice. FMSI 16821 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 8 4 7 February 20, 1986 MEMBERSHIP ACTIVITY There have been five changes in Membership over the past few months. As the outcome of two bankruptcy petitions was not originally predictable, and we tried to convince two Regionals to reconsider, we have not advised the Member ship until this time. ACTIVE MEMBERS Earlier in 1985, BMC Corporation (Brassbestos Manufacturing Corporation) of Paterson, New Jersey, and Cougar Brake Products Industries, Inc, of Linden, New Jersey filed for protection under Chapter 11 of the United States bank ruptcy laws. At the initial filing, I was advised that both hoped to re organize and re-enter the business. The fee billings to both are still owed, but the Institute is only an unsecured creditor and will receive whatever the Courts decide (if anything). I have been in touch with Mr. Steven Simon of BMC Corporation, arid it is apparent that they will not continue in the business. Their Trustees have sold most of the equipment. According to the Trustee for the Cougar filing, all of their inventory will be sold at public auction. I have tried calling Cougar, but their phone is disconnected. We have discontinued servicing both BMC Corporation and Cougar Brake. This information is being forwarded to the Board of Directors, and I assume that these Memberships will be terminated. REGIONAL MEMBERS Our two Regional Members in the Republic of South Africa are no longer able to continue their Memberships. They have cited difficulties with the strong United States Dollar versus the South African Rand, and changes in their market I'm sure they have other problems as well. These are Ferodo (Pty.) Ltd., of Durban, South Africa, and Mintex (S.A.)(Pty.) Ltd, of Natal, South Africa. I have had correspondence with both Regionals in hopes of persuading them to continue, but it now appears that their decisions to resign are final. We have now discontinued servicing both Ferodo and Mintex. LICENSEES In our BULLETIN NO. 839 of November 5, 1985, we advised that an application had been received from BLD Products, Ltd, of Holland, Michigan for Licensee FMS116822 BULLETIN NO. 847 2 February 20, 1986 Membership in the Institute. BLD Products is a manufacturer of brake hard ware such as clips and wear sensors. The Board of Directors approved BLD Products application, and they are now Licensee Members of the Institute. Mr. David L. Dirkse is President of BLD Products. Full address is: BLD Products, Ltd. 534 East 48th Street Holland, MI 49423 ***** The foregoing is sent as a matter of information. E. W. Drislane Executive Director Distribution: Delegates and Alternates FMSI 16823 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 846 February 14, 1986 SEMI-METALLIC DISC BRAKE LINING ON VEHICLES IN NORTH AMERICAN MARKET This Bulletin up-dates the list of vehicles sold in the North American market taking semi-metallic disc brake linings as original equipment. When the data from this Bulletin is added to that from earlier Bulletins listed below, all vehicles known to the Institute to take semi-metallic disc pads are listed. Our data may not be complete, as manufacturers of import vehicles do not Supply information to the Institute. The earlier Bulletins with similar information were: BULLETIN NO. 709, 709A,- February-March 1981 BULLETIN NO. 733 - March 3, 1982 BULLETIN NO. 750 - February 17, 1983 BULLETIN NO. 785 - February 16, 1984 BULLETIN NO. 815 - February 19, 1985 1986, Eagle FMSI ASSIGNMENT FRONT REAR 7122A-D203(0) AUDI 1985, 5000S (Diesel) 7143-D290 BUICK 1986, Electra 1986, Estate Wagon 1986, Riviera 1986, Regal 1986, LeSabre 1986, Century 1986, Somerset, Skylark 1986, Skyhawk 7136-D215 728A-D52 7216-D315 7070A-D138 or 7070A-D202 7136-D215 7070C-D183 or 7136-D215 7192-D289 7192-D289 7217-D316 CADILLAC 1986, DeVille, Fleetwood 1986, Seville 1986, Eldorado 1986, Cimarron 7136-D215 7216-D315 7216-D315 7192-D289 7217-D316 7217-D316 SEE DISCLAIMER AT END OF BULLETIN FMS and FMSI are registered trademarks of the Friction Materials Standards Institute, Inc. . Copyright by Friction Materials Standards Institute, Inc. FMS116824 BULLETIN NO. 846 CHEVROLET 1986-85, Nova 1986, Sprint (Suzuki) 1986, Chevrolet (11" rears) 1986, Chevrolet Wagon 1986, Celebrity 1986, Corvette 1986, Camaro 1986, Monte Carlo 1986, Cavalier 1986, Chevette CHEVROLET TRUCK 1986, El Camino 1986-85, Astro (M Van) Power 1986-85, Astro (M Van) Manual 1986, S-, T-10 1986, C-, G-, K-10 1986, C-, K-, P-20 1986, G-20 1986, C-r P-30 1986, G-30 1986, K-30 1986, P-30 (12-14.5K) CHRYSLER 1986, Chrysler Taxi 1986, New Yorker 1986, Le Baron GTS 1986, Le Baron 4 dr. 1986, Le Baron 2 dr., 1986, Laser conv. 1986, Limousine DODGE 1986, Dodge Taxi 1986, 600 4 dr. 1986, Lancer 1986, 600 2 dr., conv. 1986, Aries 1986, Aries (Heavy Duty) 1986, Daytona 1986, Omni, Charger 1986, Shelby Charger, Omni GLH 1986, Caravan 1985-84, Colt Conquest -2- February 14, 1986 EMSI ASSIGNMENT________ FRONT REAR 7153-D242 7197-D296 728A-D52 728A-D52 7070C-D183 or 7136-D215 7195-D294 7196-D295 7070A-D202 7070A-D138 or 7070A-D202 7192-D289 7135-D214 7070A-D138 or 7070A-D202 728A-D52 7214A-D313 7070A-D138 or 7070A-D202 728A-D52 728A-D52 or 7084A-D153 728A-D52 7081A-D149 or 7084A-D153 728A-D52 or 7081A-D149 or 7084A-D153 7081A-D149 7081A-D149 7081A-D149 7017A-D84 7134A-D220 7133B-D219 7134A-D220 7133A-D219 7133B-D219 or 7134A-D220 7133B-D219 7017A-D84 7134A-D220 7133B-D219 7133A-D219 7097-D222 7134A-D220 7133B-D219 or 7134A-D220 7139A-D221 7134A-D220 7164A-D259 7163-D258 FMS116825 BULLETIN NO. 846 3 - February 14, 1986 DODGE TRUCK 1986, Mini Ram Van 1986, D-, W-100 1986, B-, D-, W-, AD-, AW-150 1986, B-, D-250 1986, W-250, W-350 or 1986, B-, D-350 or FORD (See Corrections) 1986, LTD 1986, Taurus 1986-83, Thunderbird 2.3 Turbo 1986-84, Thunderbird exc. Turbo 1983, Thunderbird exc. Turbo 1986-83, Mustang 2.3 Turbo, 5.0 Manual Trans, 3.8 Handling Package 1986-83, Mustang 3.8 w/o Handling Pkg. 1986-83, Mustang others 1986-85, Mustang SVO 1986, Tempo LX, Diesel, Sport Performance Models 1986, Escort Diesel FMSI ASSIGNMENT FRONT REAR 7164A-D259 7179A-D269 7179A-D269 7179A-D269 7019A-D269 7081A-D149 7179A-D269 7019A-D269 7072B-D237 7222A-D324 7072B-D237 7072B-D310(0) 7072B-D237(0) 7072B-D237 7072B-D310(0) 7072B-D237(0) 7082B-D200 7106A-D257 7106A-D257 7124A-D204 FORD TRUCK 1986, Aerostar, Ranger, Bronco II 1986, E-, F-150, Bronco 1986, E-, F-250 1986, E-, F-350 1986, CF-6000,-7000 1986, 600, 700, 7000 Series (option) or 1986, 800, 8000 Series (option) or or 1986, 900, 9000 Series (option) or GMC TRUCK 1986, Caballero or 1986-85, Safari (M Van) Power 1986-85, Safari (M Van) Manual 1986, S-, T-15 or 1986, C-, G-, K-1500 1986, C-, K-, P-2500 or 1986, G-2500 1986, C-, P-3500 or 1986, G-3500 or or 1986, K-3500 1986, P-3500 (12-14.5K) 7224-D326 788-D50 7054-D120 7054-D120 7812-D327 7141-D224 7149-D236 7141-D224 7149-D236 7098-D171 7149-D236 7098-D171 7070A-D138 7070A-D202 728A-D52 7214A-D313 7070A-D138 7070A-D202 728A-D52 728A-D52 7084A-D153 728A-D52 7081A-D149 7084A-D153 728A-D52 7081A-D149 7084A-D153 7081A-D149 7081A-D149 7081A-D149 FMS116826 BULLETIN NO. 846 -4- HONDA 1985, Prelude 1985, Civic Hatch, Sedan 1985, Civic CRX 1.5 1985, Civic CRX 1.5 HF 1985, Civic Wagon FMSI ASS1 FRONT 7162-D256 7156-D276 7162-D256 7104-D281 7162-D256 JEEP 1986, CJ7 1986, Cherokee, Wagoneer 1986, Comanche 1986, Grand Wagoneer 1986, J10, J20 Trucks 7122A-D203(0) 7122A-D203 7122A-D203 728A-D52 728A-D52 MAZDA 1985-84(late), 626 1986, 626 1985, GLC 1986, 323 1986, B2000 Truck 7169-D264 7169-D317 7112-D188 7219-D319 7220-D320 MERCURY (See Corrections) 1986, Marquis 1986, Sable 1986-83, Cougar 2.3 Turbo 1986-84, Cougar exc. 2.3 Turbo 1983, Cougar exc. Turbo 1986-83, Capri 2.3 Turbo, 5.0 Manual Trans., 3.8 Handling Package 1986-83, Capri 3.8 w/o Handling Pkg. 1986-83, Capri others 1986, Topaz 4 dr. LS, Diesel, Sport Group 1986, Lynx Diesel 7072B-D237 7222A-D324 7072B-D237 7072B-D310(O) 7072B-D237(0) 7072B-D237 7072B-D310(0) 7072B-D237(0) 7106A-D257 7106A-D257 MITSUBISHI 1985(early), Galant 1985-84, Starion 7175-D328 7163-D258 NISSAN (See Corrections) 1985, Maxima 1985, 300 ZX 1985, Micra (Canada) 1985-84, 200 SX 7171-D266 7171-D266 7211-D308 7110-D312 OLDSMOBILE 1986, 98 1986, Custom Cruiser 1986, Delta 88 1986, Toronado 1986, Cutlass 1986, Cutlass Ciera 1986, Calais 1986, Firenza 7136-D215 728A-D52 7136-D215 7216-D315 7070A-D138 or 7070A-D202 7070C-D183 or 7136C-D215 7192-D289 7192-D289 February 14, 1986 REAR 7217-D316 FMS116827 Bulletin no. 846 -5- February 14, 1986 PLYMOUTH 1986, Plymouth Taxi 1986, Caravelle , 1986, Reliant 1986, Reliant (Heavy Duty) 1986, Horizon, Turismo 1986, Voyager 1985-84, Colt Conquest FMSI ASSIGNMENT FRONT REAR 7017A-D84 , 7134A-D220 7097-D222 ' 7134A-D220 7139A-D221 7164A-D259 7163-D258 PONTIAC 1986, Parisienne (11" rears), Wagon 1986, Bonneville, Grand Prix >-. V . . or. 1986, 6000 / ` or 1986, 6000 STE 1986, Firebird 1986, Fiero 1986, Grand Am 1986, Sunbird 1986, T1000 728A-D52 7070A-D138 7070A-D202 707OC-D183 7136-D215 7136-D215 7070A-D202 7165-D261 7192-D289 7192-D289 7135-D214 7166-D262 7166-D262 RENAULT 1986, Alliance, Encore 7131A-D218 SAAB 1986-83, 900 1986, 9000 7199-D2 7181-D321 7200-D30 7221-D322 SUBARU 1984(late), Sedan, Hardtop, Wagon exc. Turbo (option) 7193-D291 TOYOTA 1986, Celica GTS 7128-D245 1985, Celica, Celica Supra 7128-D245 7129-D240 1985, Corolla Coupe GTS 7184-D282 1985, Corolla Coupe: 7184-D282 1985, Corolla Liftback, Sedan 7153-D242 r' 1985, Tereel , 7152-D241 1985-84(late), Camry . 7153-D302 1984(early), Camry 7153-D242 VOLKSWAGEN .. 1985, Golf (exc. GTI) 1984-79, Rabbit 1984-83, Rabbit GTI 1985, Quantum 1984-83, Quantum 4 cyl. 1984, Quantum 5 cyl., Diesel 1986, Jetta GLI 1985, Jetta GLI (some models) 1985, Jetta (some models) 7209-D280 7087-D158 7168-D158 7210-D307 7126-D206 7210-D307 7210-D307 7210-D307 7210-D307 '' - (Comment: Where 7209-D280 and 7210-D307 are offered on certain Jetta/Quantum models, the 7210-D307 is the semi-metallic pad set). FMSI 16828 BULLETIN NO. 846 VOLVO 1985, 740, 760 GLE (0) = Outer Lining Only -6- February 14, 1986 FMSI ASSIGNMENT FRONT REAR 7161-D255 736-D31 or 7174-D270 CORRECTIONS 1. In earlier bulletins Ford Motor Company Thunderbird/Couger and Mustang/Capri (exc. 2.3L) had been listed as taking FMSI 7072B-D237 t-jx simply 7072B). Certain brakes took organic inner/metallic outers. Please see alphabetic listing for Ford and Mercury. 2. BULLETIN NO. 815 incorrectly showed 1984 Nissan 200 SX taking FMSI 7110-D274. Correct assignment is FMSI 7110-D312. The data shown in this bulletin has been supplied by sources considered to be reliable. While we believe that such information is correct, the Institute can not and does not accept any responsibility or liability for errors or omissions, or harm resulting therefrom. The data shown in this bulletin indicates original equipment usage of semi-metal lic disc brake materials and their dimensions and in no way refers to quality of any materials that may be embodied in the product or particular application in volved, and moreover SINCE FIELD CONDITIONS AND OTHER FACTS MAY NECESSARILY VARY FROM ONE APPLICATION TO ANOTHER, FRICTION MATERIALS SUPPLIERS AND INSTALLERS SHOULD RELY ULTIMATELY AND SOLELY UPON THEIR OWN EXPERTISE AND JUDGMENT AS TO QUALITY AND DIMENSIONAL SIZE. Under no circumstances should replacement items be used when they do not appear to fit, nor be "forced" to fit, nor be modified in the field instead of obtaining a proper sized item from a supplier. If such items are modified in the field to fit, the Institute specifically disclaims all liability and responsibility for any harm resulting therefrom. If any error or omission is noted in this bulletin, it should be reported im mediately to the Friction Materials Standards Institute, Inc., East 210 Route 4, Paramus, New Jersey 07652. Distribution: Membership (SB List) Active Members - List D FMS116829 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 845 February 12, 1986 EPA'S PROPOSED RULE TO BAN AND PHASE OUT ASBESTOS USES On January 29, 1986, the Environmental Protection Agency (EPA) published its proposed rule for a ban on the use of asbestos. Under the proposals, five categories of asbestos products would be banned upon adoption of the rules. They would be: Asbestos cement pipe and fittings Roofing Felts Flooring Felts (and felt-backed sheet flooring) Vinyl-asbestos floor tile Asbestos clothing In addition, a permit system would be established for use of asbestos in pro ducts other than those listed above. The permitted amount of asbestos mined or imported would be reduced so that after ten years asbestos would effectively be banned. This is the proposed rule. The EPA indicated it would consider other options for the eventual banning of asbestos, and one would ban certain asbestos construction products soon after promulgation of the rule with a ban on asbestos friction products about five years later. In any event, the proposal or options, if adopted, would result in the ban on asbestos in friction products within ten years of the effective date of the rules being adopted. At this point, these are EPA proposals. They are not rules. There will be hearings and then if adopted, provisions of the rules would be effective 8 to 16 months after the rules become effective. Further, there may be delays and there is the possibility of litigation. If these proposed rules were to sail through with little or no change, it would be at least six to seven years before asbestos friction products would be banned. And then it Is not certain that all asbestos friction products would be affected. We are enclosing copies of the following: FEDERAL REGISTER Notice of January 29, 1986 EPA "FACT SHEET" for Proposed Rule to Ban Certain Asbestos Products and Phase Out Use of Asbestos A meeting of the Board of Directors has been called to consider an Institute position on these EPA proposals. E. W. Drislane Executive Director Distribution: Delegates and Alternates Regional Members (U.S. Dues) H.E.A. Committee Active Members - List B FMS116830 PACT SHEET FOR PROPOSED RULE TO BAN CERTAIN ASBESTOS PRODUCTS AND PHASE OUT USE OF ASBESTOS BACKGROUND Asbestos is a demonstrated human carcinogen that causes lung cancer and mesothelioma (a cancer of the chest and abdominal linings). It is associated with other cancers and also causes a serious lung disorder known as asbestosis. Asbestos is used in hundreds of products and about 240,000 metric tons were used domestically in 1984. The largest use of asbestos products is in the construction industry (e.g., asbestos-cement pipe and sheet), friction products (e.g., brakes), textiles, coatings and sealants, and packings and gaskets. Asbestos is released into the air during many stages of the lifecycle of the substance, when asbestos is mined, milled, processed, and fabricated into industrial and consumer products, and when those products are used and disposed of. As a result of these releases, asbestos is present in ambient air. Even brief exposure at low levels may present risks. No level of exposure to asbestos is considered without risk since cases of mesothelioma have been documented as arising from short-term or low-level exposure. REGULATORY STRATEGY FOR ASBESTOS This proposed rule is part of a coordinated and integrated EPA strategy to control releases of asbestos from products already in place and to eliminate risks from future uses. This strategy is based on health risks and the availability of substitutes for many asbestos products. DISCUSSION OF PROPOSED RULE This rule under section 6 of the Toxic Substances Control Act, would ban the following asbestos products which have effective substitutes; roofing felts, flooring felts (and felt-back sheet flooring), vinyl-asbestos floor tile, asbestos clothing, and asbestos-cement pipe and fittings. The rule also would reduce or "phase down" the total amount of asbestos which may be imported or mined, in staged decrements over ten years. (more) FMSI 16831 EPA is also actively considering alternatives to this proposed ban and phase-down. These alternatives involve staged bans of categories of asbestos products. One approach would ban the category of asbestos construction products, including asbestos-cement sheet and shingle as well as felts, floor tile, and A/C pipe, and asbestos clothing immediately and ban the category of asbestos friction products in five years. In addition, EPA would gather current production and exposure information on the remaining products. EPA would then propose bans on some or all of the remaining products. A second alternative would ban all asbestos construction products and asbestos clothing immediately, ban asbestos friction products in five years, and ban the remaining asbestos in ten years. Alternative three would ban asbestos construction products and asbestos clothing immediately. The remaining products would be phased out over ten years. Under any alternative that EPA pursues, the Agency is considering that all products that are not immediately banned be labeled as containing asbestos. Labeling would ensure that persons working with or otherwise handling these products would know that the product contained asbestos, and it would enable them to take steps to reduce likelihood of exposure. FMS116832 Environmental Protection Agency 40 CFR Part 763 Asbestos; Proposed Mining and import Restrictions and Proposed Manufacturing Importation and Processing Prohibitions ' 0 FMSI 16833 3738 Federal Register / VoL 51, N 19 / Wednesday, January 29, 1988 / Proposed Rules ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 763 [OPTS-62Q36; FRL 2347-3] Asbestos; Proposed Mining and Import Restrictions and Proposed Manufacturing, Importation, and Processing Prohibitions AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing a rule under section 6 of the Toxic Substances Control Act (TSCA) to prohibit the manufacture, importation, and processing of asbestos in certain products and to phase out the use of asbestos in all other products. The products EPA proposes to ban art: asbestos-cement pipe and fittings, roofing felts, flooring felts (and felt backed sheet flooring), vinyl-asbestos floor tile, and asbestos clothing. Under this rule, EPA would also allow only those persons with permits issued by EPA to mine or import asbestos for css: in products that are not banned. Eventually, all mining or importation of asbestos would be prohibited, except for (hat mining or importation allowed under an exemption process. EPA is proposing this rule to reduce the serious unreasonable risk to human health presented by exposure to asbestos. As an alternative, EPA is considering prohibiting the manufacture, importation and processing of categories of asbestos products at staged intervals. EPA is considering banning the manufacture, importation, and processing of asbestos construction products and asbestos clothing soon after the rule's promulgation with the category of asbestos friction products banned about S years later, and other asbestos products banned at a iater time. EPA believes that this alternative approach would also be an effective way of reducing the serious unreasonble risk presented by exposure to asbestos and specifically requests comment on a staged ban of asbestos product categories. Finally, under both this alternative and the proposed approach, EPA is considering requiring labeling for all asbestos products that are not banned, including products manufactured pursuant to permits issued by EPA during the phase-down period, or pursuant to an exemption process. The Agency requests comments on the feasibility and effectiveness of such a requirement. DATES: Public hearings will be held The risks EPA is addressing in this beginning approximately May 14,1986. proposal and its overall asbestos Tlie exact times and locations of the program are serious and well hearings wilt be available by calling documented. Asbestos is a known EPA':; TSCA Assistance Office. human carcinogen that causes lung Comments on this proposed rule and requests to participate in the informal hearings must be submitted by April 29, cancer, mesothelioma (a cancer of the chest and abdominal lining) and is also linked to other cancers. It has been 1986. Reply comments made in response to issues raised at each hearing must be submitted no later than 1 week after the close of that hearing. ADDRESS: Since some comments are expected to contain confidential business information, all comments should be sent in triplicate to: Document Control Officer (TS-793), Office of Toxic Substances, Environmental Protection Agency, Rrn. E-209, 401 M St. SW.. Washington, DC 20460. Comments should include the docket control number OPTS-02036. Ncmconfidential comments and nonconfidential versions of confidential comments received on this proposal will be available for reviewing and copying fro to S a.m. to 4 p.m,, Monday through Friday, excluding legal holidays, in Rm. E-107, at the address given above. estimated that 3,300 to 12,000 cancer cases a year occur in the United States as a result of past exposure to asbestos: almost all of these cancer cases art: fatal. In addition, asbestos causes asbestosis (a serious lung disorder). About 65,000 persons in the United States are estimated to be suffering from asbestosis today. Assuming current exposure levels, EPA estimates that about 2,580 persons will develop lung cancer or mesothelioma as a result of exposure to asbestos from products made over the next 15 years, unless asbestos exposures are reduced through regulatory action. As discussed later, even with a relatively low workplace PEL of 0.2 f/cc, EPA estimates that almost 1,325 cancers will result from asbestos products made over the next 15 years. The underlying data upon which the risk assessments for asbestos are FOR FURTHER INFORMATION CONTACT: Edward A, Klein, Director, Office of TSCA Assistance (TS-799), Office of Toxic Substances, Environmental Protection Agency, Rm. E -543, 401 M St. SW.. Washington, DC 20460, Toll free: (800-424--9065), In Washington, DC: (554-1404), Outside the USA: (Opera tor--202-554-1404). based come from a number of high quality epidemiologic studies. Unlike most potential carcinogens, asbestos has been studied often and thoroughly for its effects on humans. Asbestos presents a particularly insidious threat because of the unique quality of its fibers. Those fibers arc small, colorless, odorless, often invisible SUPRIEMENTARY INFORMATION: except through a microscope, and ?. introduction indestructible in most uses. They can be transported on clothes and other Asbestos, since the advent of its large scale use, has resulted in thousands of painful, premature deaths frons lung cancer and other diseases. Because of the widespread use of asbestos and its particular nature, piecemeal control of the risks it presents is not satisfactory; materials, and they have aerodynamic features that allow them to be easily suspended and resuspended in the air and to travel long distances. Once released, asbestos fibers are difficult to detect arid contain, and they readily enter the ambient air. Thus persons are only elimination of asbestos to the extent feasible will produce acceptable reduction of risks. Prevention of farther deaths, therefore, requires forceful, integrated action against asbestos risks. exposed not only at the time and place of release, but long after the release has occurred and far from its source. There is constant renewal of risk as asbestos fibers reenter the atmosphere repeatedly To achieve this end, EPA has over time. established a coordinated asbestos Despite the known risks of asbestos, program, aimed at controlling exposure substantial amounts of the material are to asbestos from products already in use still mined, imported, and used in and eliminating risks from future uses. commercial products. About 240,000 The rule EPA is proposing today, which metric tons, for example, were used would ban certain uses of asbestos and domestically in 1984. Hundreds of phase out all other uses, forms a central products are still made with asbestos, element of this program. Regulatory including paper and textiles, cement alternatives, which are discussed in this . pipe and sheets, tiles and felts, and notice and which involve staged bans of automobile brakes. Asbestos fibers are various asbestos product categories, released to the air at many stages of the could also form a centra! element of the commercial life of these products. program. Typical activities that lead to the FMS116834 Federal Register / Vol. 51, No. )9 / Wednesday, January 28, 1988 / Proposed Rules 3739 release of asbestos include the mining of both indoors and outside of buildings asbestos, fiber processing into products, lRef. 8). Therefore, any comprehensive instailution of products {e.g.. the sawing, control strategy must take into account drilling, and sanding associated with the potential fur exposure during the asbestos-cement products), product use entire lifecycle of asbestos products. t.g,, release of fibers during use of To date. EPA has focused its attention asbestos doth), product maintenance primarily on asbestos in buildings, a [.g,, buffing find scraping of vinyl- major source of asbestos release into the asbestos floor tile; or repair of asbestos- ambient environment In the 1970s, EPA containing brakes), dismantling and banned the use of sprayed-on asbestos removal of products je-g.. removal, of and usbesto-containing pipe lagging asbestos roofing felts), and disposal. under the Clean Air Act, and since then Release of fibers from these activities has taken steps to reduce risks from is substantial, resulting in exposure to asbestos already in place in buildings. It both workers and non-workers. KPA has issued an air standard to reduce estimates that about 700 metric tons are emissions from asbestos removal and released to the air daring mining and renovation projects in buildings; issued milling each year, about 100 metric tons a rule requiring inspection of schools for during product manufacture, and about friable asbestos; and established an 18 metric tons from landfills. These extensive technical assistance program, estimates are probably low because which provides guidance lo public and they do not include releases from private building owners on the secondary fabrication of such products identification and safe removal of ns millboard and asbestos-cement sheet, asbestos. EPA has also proposed an much of which is done in small shops immediately effective regulation to with inadequate emission controls. protect State and local public employees Observations that levels of asbestos in who lake part in asbestos abatement the nil- near manufacturing plants and in activities. cities are considerably greater than turai background !e\ els seem to confirm that those releases occur and are significant. These actions are primarily remedial, addressing risks from asbestos already in place: they do no address the* Release of asbestos fibers occurs no! substantial risks that will insult from the only in the manulaclure end processing continued manufacture and use of of asbestos products, but also in their asbestos. Several other Federal agencies use and maintenance. This release can have already taken steps that partially occur without the knowledge of the user reduce these risks. The Occupational <> maintenance personnel. Fo> example, Safely and Health Administration construction workers tap into asbestos (OSHA) has an occupational standard cement pipes already in place. The for asbestos with permissible workers often do not know that the pipe exposure limit (PEL) of 2.0 t/cc. OSHA contains asbestos and thus do not. take has proposed to lower this standard to steps to limit filter release. Similarly, either 0.2 or 0.5 f/cc. in addition, the significant releases occur as a result of Consumer Product Safety Commission the use ami repair of asbestos brakes ICPSC) has banned use of respirable and other friction products, which c-mslilub'd about 22 percent of the total asbestos in consumer patching compounds and arlifical emberiztng asbestos market in 1984. Ambient levels materials. However, substantial ri.-.k to of asbestos arc elevated near freeways, workers and the genera! population presumable due to release from ashes lor: remains Kir Ibis reason, FT h behoves biases. that only a major regulatory initiative Thus, the mantductui'u, processing, under TSCA leading to the eventual and use of asbestos products fence elimination of mosi asbestos product legacy oi asbestos in the ambient air, manufacture and importation cun `this ambient loading, white difficult to satisfactorily reduce the over.*!! risk to quantily, is a significant problem. Tile all segments of the population. Nubonid A,.demy of Sciences, alter The limitations of exposure-based analyzing studios of outdoor air- regulations in preventing asbestos-fiber estimated typical concentrations oi release, ami the need ior more Mebostos in outdoor ambient air in urban comprehensive action under TSCA, are ureas to be approximately 0.00007 f/oc illustrated by the use of PEIjs to control (Hof. 6). Many millions of people' are workplace exposure. In the first place, it daily exposed to these levels of asbestos appears inie-isibh- to set a PEL fm in the air. The National Academy of asbestos low enough to reduce risk to a Sciences has also estimated that eutisfactory level. Even at 0.2 i'/rc. the persons in urban areas face a lifetime lowest PEL proposed by OSHA. OSHA, risk of between about I in 100,000 to using the same lung cancer and about 7 in 100,000 of developing cancer mesothelioma models used by ETA. as a re,suit of asbestos in the ambient air estimates that about 7 in 1,000 asbestos workers may die from mi asbestosrelated disease. Furthermore, it is unreasonable to assume complete compliance with a PEL of 0,2 f/cc, ('specially given the nature of the asbestos industry. Many of the workers exposed are in the service and construction industries, where worksites change frequently and the worker population is transient. Also, workers often do not know they are exposed to asbestos and therefore will not take the necessary precautions. As a result, PELs and other exposure controls are difficult to apply and enforce. Beyond these considerations, a workplace based approach does not address risks to the general population. EPA estimates that, even if OSHA reduces the PEL to 0.2 (/ oc, almost 1,325 cancers will still result from asbestos products made over the next 15 years. Because of this residual risk, EPA is proposing under section 6 of TSCA. a ban on the manufacture, importation, and processing of asbestos-cement pipe and fittings, roofing felts, flooring fells (and fell-backed sheet flooring), vinyl- asbestos floor tile, and asbestos clothing. These uses would be banned because safer, economically competitive substitutes are available, and because these asbestos uses are likely to contribute large amounts of asbestos to the ambient environment or present disproportionately high risk. In addition, EPA is proposing to establish a permit system to phase out a!! other asbestos products. Under this system, F.PA would allocate permission to mine or import a specific volume of asbestos to current miners end importvi s. The amount of asbestos a miner or importer would be allowed to mine or import would decline every year until after 10 years no mining or importation would be allowed, except mule! a specific exemption This permit system would allow the market to allocate asbestos, based on the availability and cost of asbestos substitutes. After 10 years, EPA would put in place an exemption system lor those asbestos applications tor which no substitutes had been developed. EPA anticipates that there will be few such applications, because the permit system would create strong incentives for the development of substitutes. EPA is also considering a requirement that all asbestos products that are not banned be labeled as containing asbestos. This would apply to products made pursuant to permits issued by EPA to mine or import asbestos, and to products made pursuant to an exemption process. In encouraging the development of .substitutes, EPA will be promoting a FMSI 16835 3740 Federal Register / Vol. 51. No. 19 / Wednesday, January 29, 1988 / Proposed Rules significant reduction in risk. Currently, all products that are replacing asbestos in its many uses appear to present lower risk. However, EPA will monitor the development of substitutes during the 10-year phase-down period, and will use section 4 of TSCA to require tpsling of substitutes if necessary to ensure their safety. As explained more fully Inter. EPA is also actively considering other approaches to carry out a regulatory policy of phasing out the manufacture, importation, and processing of asbestos products. Approaches under consideration include banning categories of asbestos products at staged intervals. Two categories under consideration are asbestos construction products and asbestos friction products. Under this approach. EPA would ban the manufacture, importation, and processing of ail asbestos products wiihin the category at the same time. EPA is considering this category approach because products within each of the categories have similar exposure patterns, raise simitar exposure control issues, and have similar substitutes. EPA believes that it may be good public policy to ban such categories of products at the same time. This approach would address similar exposure patterns in the same way and treat all parts of an industry sector similarly. In addition, both the construction products category and the friction products category contain products that could substitute for other products in the category if all are not banned. Thus, a ban of the entire category may be necessary to reduce risk most effectively. El'A also considered referring HBher-'tos risks to OSHA and CPSC under section P of TSCA. EPA decided against this approach because OSHA and CPSC, in EPA's opinion, cannot adequately reduce the risk, given their authority and current control technologies. These agencies cannot comprehensively reduce the total volume of asbestos in commerce amt cannot protect at! of the many population group? at risk. Thus, action by these agencies under their separate authorities would still leave a large residual risk to workers and the general population. EPA concluded, therefore, that this approach would not adequately address the risks to society posed by the continued manufacture, processing, and use of asbestos-containing products. EPA is convinced that restrictions on the manufacture, importation, and processing of asbestos and asbestos products is the surest and most effective strategy for eliminating these risks. Si. Background EPA announced that it was exploring possible use of TSCA to reduce the risk to human health from exposure to asbestos in an Advance Notice of Proposed Rulemaking (ANPR) published in the Federal Register of October 17, 1979 [44 FR 60061). Following publication of the ANPR, EPA investigated industrial and commercial uses of asbestos. Under section B{a) of TSCA, EPA promulgated an asbestos reporting rule under 40 CFR 763.60 published in the Federal Register of July 30.1882 [47 FR 33207). This rule required miners, millers, importers, and processors of asbestos to report information concerning (1) quantities of asbestos used in product manufacture, (2) employee exposure to asbestos, (3) waste disposal practices, and (4) emission control practices, The information reported under that rule has been used with other data to evaluate the risks and benefits of asbestos use. Under section 21 of TSCA, a person may petition EPA to initiate a proceeding for the issuance, amendment, or repeal of a rule under various sections of TSCA. On June 21, 1979, EPA was petitioned to prohibit the future use of asbestos-cement pipe in water systems, EPA granted that petition by a notice published in the Federal Register of October 18.1979 (44 FR 60155). On September 12,1984, the Natural Resources Defense Council (NF.DCj petitioned EPA to prohibit further use of asbestos in motor vehicle brakes. EPA granted that petition by a notice published in the Federal Register of December 18.1984 (49 FR 49311). This proposal is in part a result of the proceedings conducted after granting those two petitions. EPA has identified effective substitutes for asbestos-cement pipe and is proposing to ban that product. EPA analyzed the availability of substitutes for asbestos in brakes but is not prepared to propose an immediate ban. Effective substitutes are still not available for many applications of asbestos in brakes. Instead. EPA is proposing to phase out use of asbestos in brakes and use market forces to encourage the more rapid development of substitutes As an alternative, EPA is considering 3 ban of asbestos friction products about 5 years after this rule is promulgated. This alternative wouid also encourage the rapid development of substitutes. III. Regulatory Assessment Section 6 of the TSCA authorizes EI'A to prohibit or limit by rule the amount of a chemical substance which may be manufactured, processed, or distributed in commerce if EPA finds that there is a reasonable basis to conclude that the manufacture, processing, distribution in commerce, use, or disposal of the chemical substance, or any combination of such activities, presents or will present an unreasonable risk of injury to health or the environment. Under section 6(c)(1) of TSCA, EPA must consider the following factors when determining whether a chemical substance or mixture presents an unreasonable risk: (1) The effects of such substance or mixture on health and the magnitude of the exposure of human beings to such substance or mixture. (2) The effects of such substance or mixture on the environment and the magnitude of the exposure of the environment to such substance or mixture. (3) The benefits of such substance or mixture for various uses and the availability of substitutes for such uses. (4) The reasonably ascertainable economic consequences of the rule, after consideration of the effect on the national economy, small business, technological innovation, the environment, and public health. After considering the above factors, EPA presents the following findings concerning the unrestricted mining and importation of asbestos, including asbestos imported in products. A. Health Effects and Magnitude of Exposure to Asbestos 1. Health effects. This unit summarizes the health effects of asbestos. Detailed discussion and assessment of the health effects of asbestos may be found in the "Report to the United States Consumer Product Safety Commission (CPSC) by the Chronic Hazard Advisory Pane! on Asbestos" (CHAP) (Ref. 'll. "Health Effects and Magnitude of Exposure" in EPA's "Support Document for Final Rule on Friable Asbestos-Containing Materials in School Buildings." (Ref. 4) and the "Report of the (National Research Council) Committee on Nonoccupit Ilona! Health Risks of Asbestiform Fibers" (Ref. 8). RPA finds that the adverse human health effects from exposure to asbestos are extremely serious. Asbestos is a known human carcinogen that also causes other lung diseases. Asbestos has been thoroughly examined in numerous epidemiology studies. The life-threatening diseases that have been repeatedly identified are asbestosis. lung cancer, and mesothelioma Also associated with asbestos exposure in come studies are cancers of the larynx. FMSI 16836 Federal Register / Voi. 51, No. 19 / Wednesday, January 29, 1S86 / Proposed Rules 3741 pharynx, gastrointestinal tract, kidney, and ovary and respiratory dieseases such as pneumonia. Major health effects are discussed below. Lung cancer is currently responsible for the largest number of deaths from exposure to asbestos. !t has been associated with exposure to all the principal commercial asbestos fiber types. Excess lung cancer has been documented in groups involved with the mining and milling of asbestos and the manufacture and use of asbestos products. Studies in which the extent of exposure can be approximated provide evidence that lung cancer increase linearly with both ievel and duration of exposure. Cigarette smoking and asbestos have a strong synergistic interaction in development of lung cancer. Asbestos exposure appears to multiply the underlying risk of lung cancer. Consequently, when exposed to asbestos, the risk of lung cancer for smokers {for whom the risk of lung cancer is already high) is much higher than that for nonsmokers exposed to asbestos. Most persons who develop lung cancer die within 2 year. Many human studies have also shown that exposures to asbestos produce mesotheliomas, which are cancers that occur as thick diffuse masses in the serous membranes (mesotheiia) that line body cavities. Mesotheliomas occur in the pleura {the membrane that surrounds the lungs and lines the lung cavity) and the peritoneum (which surrounds the abdominal organs and lines the abdominal cavity). Most persons who develop mesothelioma die within the first 2 years after diagnosis, often after having been in constant pain. Epidemiology studies suggest that the incidence of mesothelioma is related to dose and time from firs', exposure. Association of mesothelioma with smoking is weak or nonexistent. Asbestos fillers appear, by far. to be the most common cause of mesotheliomas. Asbestosis. which involves fibrosis of lung and pleural tissues, is another serious chronic disease associated with exposure to asbestos. There is no effective treatment for asbestosis and it is often disabling or fata). Asbestosis is diagnosed from findings which may include radiographic changes, breathlessness, and abnormal lung function. Since some clinical symptoms of asbestosis are similar to those of other fibrosing lung diseases, a history of occupational exposure to asbestos is often a key feature of its diagnosis. Asbestosis can appear and progress j decades after exposure to asbestos i fibers. Under working conditions where I average fiber concentrations in the air were high (more than 10 fibers per cubic centimeter (f/cc)) asbestosis has accounted for more than 7 percent of observed deaths (Ref. 11). It is apparently less common than lung cancer or mesothelioma at exposures lower than the current Occupational Safety and Health Administration (OSHA) workplace standard of 2.0 f/cc. Some recent data on the incidence of asbestosis appear compatible with a linear exposure-response relationship with no threshold (Ref. 12). However, it is still considered uncertain whether asbestosis occurs as a result of nonoccupational exposures. in occupational studies where the primary route of exposure is through inhalation, lung cancer and mesotheliomas usually account for about 90 percent of the excess cancers seen among workers exposed to asbestos. However, as noted in the CHAP report (Ref. 1), a number of other cancers, principally of the gastrointestinal tract, have been associated with asbestos exposure. ' These are cancers of ths larynx, pharynx, oral cavity, esophagus, stomach, colon, and rectum. Statistically significant excesses of cancers of the kidney and ovary have also been shown. In addition, the excess of cancers at all other sites combined is statistically significant in some studios. The conclusions from epidemiology studies concerning the health effects of asbestos 3re also supported by results of laboratory studies. Animais treated with asbestos have shown increased incidence of fibrosis, lung cancer, and mesotheliomas. Ati commercial forms and several other types of asbestos are implicated from a variety of modes of exposure. Most occupational studies have been conducted on populations exposed to high airborne concentrations of asbestos for relatively long periods of time. However, short-term occupational exposures have also been shown to increase the risk of lung cancer and mesothelioma. One group of asbestos factory workers with less than 2 months of occupational exposure had a twofold increase >n lung cancer risk (I-icf. 9). In addition, there are many documented COM'S of mesothelioma linked to extremely brief exposure to high concentrations of asbestos or long-term exposure to low concentrations (Ref. 4). Direct evidence of adverse health effects from non occupational asbestos exposure also exists. Persons who lived in the households of asbestos workers have developed pleura! mesothelioma and asbestos-related radiographic changes. In an ongoing study. 4 cases of mesothelioma have been diagnosed among 626 family contacts of amosite workers (Ref. 10). These figures are much higher than that expected to be found among the general population. In addition, 35.9 percent of the contacts showed chest x-ray abnormalities as compared with 4.6 percent of control subjects drawn from the same community. A number of mesotheliomas have also been documented among populations whose only identified exposure was from living near asbestos mining areas, asbestos product factories, or shipyards where asbestos use had been very heavy (Ref. 4). An estimated 1,600 cases of mesothelioma occur yearly in the U.S, among various populations exposed to asbestos (Ref. 6). In addition to exposure to asbestos fibers in the air, the genera! population is also exposed through various oral sources, including drinking water containing asbestos. Because of the potential for orai exposure as well as the excess of gastrointestinal tract cancers that has frequently been found in occupational groups exposed to asbestos in the air, there has been much study of the possible health effects of ingestion of asbestos fibers. Despite those efforts, evidence showing health effects from ingestion is still ambiguous. 2. Cancer risk extrapolation. As discussed above, numerous human studies have demonstrated that exposure tc asbestos has increased the risk of cancer and asbestosis. Since a number of epidemiology studies indicate a positive relationship between asbestos exposure and the risk of lung cancerseveral models may be used to extrapolate from risk at higher exposure to risk at lower exposure. The model that ES'A believes is most consistent with the available human and animal data is the linear non-threshold dose/ response rtSodel. This model assumes that (1.) any exposure increases risk, arid (2) the increase in risk is proportional to the background risk in the nonexposed population and to the level of exposure, defined as duration of exposure times concentration ol asbestos fibers to w hich populations may be exposed. The choice of the linear model is reasonable since there is no evidence for a threshold level of asbestos exposure below which there is no increased risk. It is further supported by evidence of cancers among populations whose asbestos exposure is believed to have been lower than levels reported in the epidemiology studies of asbestos workers mentioned above. The model adopied by EPA to estimate excess mesothelioma incidence due to asbestos exposure relates disease FMSI 16837 3742 Federal Register / Vol 51 No. r- ' VVe>jnesdjy. Jumiurj 29, HSOf* / Proposed Rules mi :*> tu dosf .ind tG- 1u-;vt ?;r;ft fi> ex.posuo* 10 years} raised H> the third power. This model orients :t (UiIhi {or it' ru'Yajin Uteucv period} of 10 years between first exposure and the likely earliest oossible appearance of the disease. Both the lung cancer and mesothelioma models have also been adopted by OSHA (Ref. 12k The National Research Count'd Committee on INiomuxupattomtl Health Risks of Ashestifomi Fibers also adopted a similar linear no-threshold model t> estimate risk to vumoccupHtionai populations from exposure to asbestos ?Ret. ft} The derivation and validation of the models is discussed in detail in the CHAP report (Ref. 1) and tn EFA's "Regulatory Impact Analysis of Controls on Asbestos and Asbestos Products1' tRfAWRei3|. Although EPA believes ih<o ovcess mortality from ashestosis ami f armers other than king cancer and mesothelioma will occur front exposure to asbestos released during die tifecycto oi the products under study, ERA has not attempted to quantify that excess mortality. Thus, the model could understate the risk to humans from -xposure h asbestos. The risk of asbestos-induced disease may tie modified by several factors As mentioned in the earlier discussion *m lung cancer, smoking drasbeady increases the risk of developing lung cancer from exposure to asbestos. Because of their lower underlying risk, ihr . .hsoiute increase of incidence of hjflg cancer m mmsmokms is about one tenth di.$ m smokers. However, even cm*ph`te i -i : ,.-l 'h smoking factor |it ptfssodej would te<ve a health risk since the risk id mesothelioma (which is apparently unaffected by smoking} and the risk of lung cancer to nonsnmkets would still remade Another faciw dial tun;. .-khiu the risk of ashestos-mdueed disease is the possible differences in biological potency among the different fiber types Thr National Research Council {Ref. Of stud1' e this issue and concluded: ef st-idies at v^ciiui.k gii*ups of wi^kt'a indicate lh.it U is HxUt-niUy ciiffhxdi h.i :asr>s the rib* >t h.fan ivpn b'-s;.. chrysnbh- tn rm ' cp dcHin.-piug da- ns^ far T > tint-: ti r:iun .pi it. .I,:i--S(.vt 4-ltnrfta AasU'^S rf ?h* epjpt nuoto^i.r.id stcdjfs is n.{up!, ,iff<i IrtW.m-SH (d VHini'.tionf- 1.0 *"(!* of indusC'\ ?ftr ilb'o1 fiber chtfrrtc-ofTNlbs ivUhiii ,tn ir-tlustn,, ..iat ' b<- nsu.ii inndeijaru.v o: d<tt(V SfKtU s,:*'0`*Sis hiivr ii;o-i"fm>'ii-.d til* .'.vail-ddi rnmj<'<uich<!,K:fiI 3.V,,- i. trv.U''-nc- dr.<! nfirystdik ,isUtvsl<s M;. .r-itif'C , Yyp(- rr'.C*St I'.on'lipi'.jly u th- Urntevc SbiUss. is less hazardous fbjoi !u- ' fyp-s ut .islavstOh, especially : .MtnCff- Snr.h argpcueiUs hm-t- G-t rist-'l in Cl, > :r;. ; . ;/[, i/r, ,i , . 1 h ' / f l H l < 1 i t: S f.-.pod.ddb-rem regnjadny i out--iit>- 5i*j (,m*<bluliX s'.fi . K- vsobU;, Hovv-eufu ;* vhi* T itu- lahomdiry evidence ami great uueertnmty ^Gnt? the nature of the fibers of risbi-^'os In- be Un.urd in liuiJOCCup.iliojld) exposure sitmsucu*. Ihe cim'mitten decided '`.re-sed U' .edu'.-o.m- Fiber* .i-ny dh.those fibers have been re'rased to the amhicni ais and - -..ottsulttrable dishmofroni the -source .2 the releasi- Asbestos fibe? coficcniratuKts have bee', measured in arec>s far from obvious cot to differentiate anamg thtfui m the qjMntifaftve risk assessment. Furthormore. some of the apparent discrepancies mai hr explained by differences d> physical Properbes of thy fibers, their conceatrahoas. and theit ihnrac'er-stics ?e the different ervciiOHuents These possibilities nen.d buvhfu resting uslwsUvs sources ASmosph;Tiu sampling programs condcclect m remote nrat areas in thf United States and Germany have found asbestos fibe; levels between 0.01 end 0.12 nunogtam/meU-i ' (rig/nr`| (1 g ts ht!)mT ' a y - ' Conversion fat m;-* bf-'At ; :SOfsas lr viftw of Shis ancvitUonty about the refatn-r poreru.y of the various asbestos fiber counts ansi us , ; ..-, variable. Howeve: , - -n ( ?.yp>fc:s ard tn cmw of the web- ng uf asbestos in air equals about ( documentoil `teadh hazard ot the most fibers visible by light microscopy U coror.!!>o cv-mmarcial form of asbestos. Ibis conversion factor for ash*". "' EPA has m)fu"bjded tha? it is prudent to outrfour an, tlten the above trcM? AU asbestos fibcj types as having measurements ,.-c (he eqy.-. .,'eni oi 'quivaient t>Ho`og-i:ai activity. almut 3 - to : io 3.U ..>( '' ! '.i. fn ureas Eiter rnarphedogy has also been of higher human population density, suggested as a factor that max affect measured asbestos concentrations at the incidence of asbestos-induced disease. air are typically much greater A survey Amnia' studies :rt which asbestos fillers were applied by injection or implantation suggest that longer ami fine- fibers are more carcinogenic than shorter and coarser fibers. This has not however, been confirmed by inhalation studies. EPA has not differentiated among Fiber sizes *r. assessing the potential risk of asbeslos First, asbestos fibers released during {he life c.vcie of asbestos products consist if a great range uf dimensiems. Incbuling those suggested as most dangerous. Secorui. o tuts nos been clearly show n that short fibers pose a significantly smaller risk No dimensional threshold for potency has been established 3. (if frliri:(ttr tJ\p( Asbestos fibers arc released to tiie o during <d? stages of the Ufvcycle of asbes'us pfj.'ducls. Fiber release to the air occu-* during normal operations of mining and milling, fiber processing into products, instahabcm of products, product use. mu'UteUdno: renovation, dismantling, remtu.ai, and disposal Asbestos fibers have special oharaiUnristirs that affect exposure They an? colorless, odorless, and frequentty invisible except by mtcfuscrtpe, thu.s presenting risk Ut poisons who <-v not aware th<d they may be exposed. Asbestos fibers are exbvmnU durable and have aer^idv n.-urdc properties thu! allow them or large cities showed mean readings of 2.0 to 5.0 ng/nt* {7.8 X 10 - to 1.5 \ 10" f/ cc|. NJeasurements taken in New York City ranged from means of 8 to 30 ng/nv' {2.4 -.10' - to 9 --.10 - f/cc) Typical fiber concentrations are much higher in densely populated areas because of fiber release from construction work (including renovation or demolition! from asbestos-containing brakes o' motor vehicles, and from other activities during the lifecycle of asbestos products. In genera!, levels of asbestos in the air in cities and near manufacturing plants are consider; oiv greater than rural background lev.-.s Thus, ii ruughout their entire hfecycle that is thr-i.ighout their manufacture, processing, use, and disposal, asbestos products leave a legacy of asbestos in the ambient air. This ambient load while difficult to quantify, is a significant problem. The National Academy of Sciences, after analyzing studies of outdoor air. estimated typical concentrations of asbestos in outdoor ambient air in urban areas to be approximately 0.0000? f/cc (Ref 6). Many millions of people are exposed to those levels of asbestos in the air each day Therefore any comprehensive control strategy must take into account the potential fni exposure during the entire lifecycle ot asbestos products to remain suspended m the an for a long home products do not present as much time Thev a-e basically potential for releases to the ambient ai, noc.biodeg-radabb' and the retort- persist during certain stages of their lifecycle for a very Song drue if! the environment for example, there are likely to Ire Asbestos fibers easily reenter the releases to the ambient ait during the atmosphere abet settling out and can manufacture, processing, installation, Uuvei long distances through the air. A and repair of asbestos-cement pipe report from Finland found that asbestos However, there generally will be no had traveled as htr as 27 kilometers release of asbestos to the ambient an from ,* none* tinder study. Person* can he during actual use of asbestos-cement FMS116838 Federal Register / Vo!, 51. No. 10 / Wednesday, January 23, 1986 / Proposed Rules 3743 uifu- sirun It is- c>-'rnmn!v lurried in the ground. \ ;>urtiun of the ITS. population is at risk from (his asbestos in the air. Tables 1 through lit show the numbers of persons exposed (o asbestos during (be more readily quantifiable sieges of the lifecycle of asbestos pr:'duels and the levels to which they are exposed. Exposure levels are "best estimates" based on monitoring studies. Additional information ear; be found in Refs. 2 and 3 which are included in the rulemaking retort!. Tu avoid disclosing confidential business information, the tables sometimes use a range rather than a single number. The notation NA means that data arc not available. TAOI.U I -ExPOSUFte DATA FOR MANUFACTURING--OCCUPATIONAL Pnmaiv rnanulaciitring A'Jbeslc'i piQdilCt i ExpoI sure ' lev<r! 1 O0rt if -UHL. persons exposed Commercial paper....................... . MtUbosrd................................................... Pipeline wrap ...................... .. . . Beafei -ado gasket paper....................... High-grade ciectncai paper ................. Unsaturaled roolmy ieit....................... Saturated mohoo felt............................. Flooring fett ........................................... Specialty paper....................................... V/A floor tile .................................... Fell bached vinyl flooring.................. Asl.'aito.'i/ceiTipm pipe........................... Fiat A/C shod...................................... Corrugated A/C sheet,........................... AfC sheet shingle- ..... . ................. D^um brake iinjrvj . ........................ Disc brakes (1.V).................................... Disc: Cranes (HVj..................................... Brake blocks.............. ... ............. .. Clutch facings......................................... FnciftfO products -sulon-ddic hansmts sion.................................... ... Prtcbon produces---commercial.............. Cloth.............................................. . Thread................................... .......... Sheet gasketing ................... .. PSCiOfig . -- . ................... Surface coatings ................................... Sealants................................................. Plastics .................................................. Insulation....................... ............... Mixed fiber ................................. ......... Other....................................................... 5.691 682 307 495 *934 540 f.313 NA 3*1 802 NA 561 V016 2.778 im 1,447 1.568 1.005 1.608 1.374 0-150 0-150 0-150 364 47 0-150 0-200 NA 82 580 NA 637 0-150 46 0-150 1.2?2 1,036 0-150 456 41S 53G 166 1,361 479 2,218 0-150 3.302 IS0-300 780 | 1,004 105 247 854 MO 636 706 695 566 430 0-150 Ml1.348 lC`J-300 1.020 T ABLE If.--Exposure Data for Manufacturing--Ambient Pnmary manufacturing -..... ... Asbestos pfcouci Exposure Number of level |10'' parsons. _____________ - .... . flyi] _ GKpCrSed Commercial paper......... ....... ......... Millboard....................... ................... Pipeline wrap....................................... Uesies-acV- gasket paper.................. E'octr.csl paper................................... Unsalufated roofing felt.................... Salivated tooting fell......................... Flooring felt............................ . . .. Speaaity paper................................. v.' A flocu tite . ............................. Feit-backc-d wyl flooring.................. A/C pipe......................... ................ `-'in A T slteel .. .......... . 00166 00166 0016S 00186 0G168 00168 .00169 NA .00*88 .0495 NA 1.07 3.07 10.000 30.000 150,000 350,000 10.000 200,000 60,000 NA 10,000 660.000 NA 1 700 000 790.000 ABi1 E II-- Exposure Data for Manufaci usw)6--Ambnt--Continued ; Fumaiy manufHcluiinQ mi>>sIgs ptoduct .............................. ................... Exposure Numboi of level tl0`- pfifsorts yO exposed 1----------------- -- Co* rucaied A -'O . . ...... A/C sN-v.t. nii-gid........................ ... Drum Statu.' lining....................... Disc brake/ 0 VJ................................ Disc boi ub IHV) ......................... . BfAki.T blocfc.................................... Clutch t&ongs .................................. F'lcvon p: pducts - vsuiomebc trans mission....................................... ..... t ricbon products--commercial......... Goth.................................................... IhrpF-ti....................... ....... .. Sheet gasketing................................. Packing.............................................. Surface coMings.........................- Sealants.............................................. Plastics............................................... Insulation........................................... Mixed tibo* ........................................ Other ................................................. 307 TO? 0069 0069 00C9 0069 0069 0089 0069 0654 0554 7326 7326 00002 00002 00002 NA NA NA 70.000 310,000 720.000 320,000 NA 450,000 70,000 NA 90.000 24,000 180.000 690.000 90,000 2,000.000 4.350.000 1.320,000 NA NA NA Table fll --Exposure Date For Installation, Use. Repair, and Disposal Asbestos ptcduci insta.Nation Repair disposal Expo suie love! DO11 1/yr) Numbe* of parsons exposed Expo sure level f/yr) Numbet of persons exposed Cc)inmtcia( paper . .. Millboard ........... .......... Ptpelir.c wrap............... Beater-add gasket pap......................... Electrical papei............ tJnsaturaled rooting Kill........................... Saturated rooting fert... Flooring felt.................. Specialty paper............ V/A floor li*e................. Felt-backed vtnty fioonno .................... NA 107 NA NA 120 160 160 NA 130 90 NA NA 75 NA NA 16 7.577 2,423 NA 76 5,100 NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA First Arc; shoot............. Corrugate A/C sheet. A/C sheet shingle....... Drum brake fating........ Disc brakes !iV)......... Disc Crakes (NVJ......... Bmke blocks................. Gulch facings............... Friction products-- sutomaec transmission............. Friction products-- commercial.............. Cloth............................. Thread ..................... Sheet gasketing.......... Packing. ........................ SurtacQ coatings ......... Sealants...................... Plastics.................. ...... Insulation...................... Mtxcci Tiber.................. Other............................ 4.700 4,700 4,700 NA NA NA NA NA 8,147 758 3.095 NA NA NA NA NA MA NA NA 675 NA 1.360 12 120 NA NA &50 NA a.568 2.614 100,000 NA NA NA NA NA WA NA NA NA L. NA NA NA NA NA NA 250 365,149 105 164.822 ICS 1.145 NA NA 250 36.164 NA NA NA NA <375 650 NA NA NA NA NA NA NA NA NA NA NA NA 400 3,000 NA NA NA NA 4. Exposure from imported and exported asbestos and asbestos products. EPA has determined that significant exposure is likely from imported asbestos products. Although some exposure to United States populations is avoided when asbestos products are manufactured abroad and imported rather than manufactured domestically, significant exposures will tii! occur after their import into this country. Exposures will occur during installation and use of the product; maintenance of the product: and during dismantling, removal, and disposal of the product Much asbestos can be released to the ambient air as a result of these activities. Large numbers of people are exposed to asbestos during these activities and the level of exposure can be quite high. Significant exposures wilt also occur during the domestic life cycle of bulk asbestos and asbestos products manufactured in this country for export abroad. These exposures will occur during the mining and milling of asbestos fiber and during the processing of fiber into products. There is much exposure to workers during the mining and milling of asbestos and manufacture of asbestos products. In addition, families of workers, and populations living near mining .and manufacturing sites are aiso exposed to asbestos as a result of these activities. 5. Exposure from various categories of asbestos products. EPA has noted that various categories of asbestos products present very similar exposure patterns. For example, the products within the construction products category all present significant potential for fiber release to the air and subsequent human exposure during their installation, repair, removal, and disposal. These products are often cut, tom, sawed, and drilled during installation repair, and removal. All of these activities can release fibers to the air. In addition, sanding of these products during use often releases fibers to the air. Similarly, products within the friction products category all present significant potential for fiber release and subsequent exposure during use and repair. Friction products wear down during use, often releasing fibers to the air either during actual use of the product or during maintenance or repair operations in which previously confined asbestos-containfng dust is disturbed and becomes airborne. Often, fiber releases from asbestos products in these categories occur in close proximity to other products within the same category, making it difficult to attribute observed fiber levels to a particular product. For example, EPA used monitoring data from automobile repair shops to estimate asbestos exposures resulting from repair of asbestos disc brakes, drum brakes, clutch facings, and automatic transmission friction components. Because there are no data available to estimate differences in fiber releases in the various repair activities, EPA FMS116839 3744 Federal Register / Voi. 51. No, )9 Wednesday, January 2& 1988 / Proposed Rules den eloper! exposure estimates tor each product using a weighting scheme based on the relative production volumes of each of the friction products which are the sources of the exposure. Similarly, it is common for many of the asbestos construction products to be used at one building site, making it difficult to attribute fiber release to nor particular product. The estimation of ambient exposures due to releases from individual construction products, such as the various Booring products, was difficult since monitoring data were gathered in buildings where more than ore type of asbestos flooring product was is place. For these reasons, EPA believes that it may be appropriate to consider a categorfal approach to analyze the risk presented by asbestos products and to control that risk. Table IV lists the products that are included in the construction products and friction products categories. F*Bte !V ~xm0U of Asbestos Pnooucr Categories AsbecsattoesgoprrcyKSstci Asbestos pttxtoci OonsteiCTKift pfotiuc "ii-egorY l.'nsaturafed ruling fell, Sdtorai I ed roofing foil. Roont\g lei!, ! Vinyl asbestos floor titte, Felt. I backed vinyl flooring, ArC pipe, CoTnrgattjd A/C slt&el. Rat A/ 0 sit-sat. A/C sho&l stengie Dmro txake fio-rtg, Disc brakes JLVJ, Disc fct-ake$ <HV), Brake blocks. Cijicn tarings, Frx.Ttoo products--automslic traoRfnisaton, Faction coducre--contTV^CtJ.* t>. Qua/ititatire cancer risk estimates. As discussed above, there exist many asbestos exposure-producing activities to which many kinds of populations are exposed. Applying the cancer models described above to the available data on exposure and populations, EPA has estimated the number of cancers that may be avoided by implementing the EPA's proposed regulatory program. (A full discussion of the risk estimates is contained in the "Regulatory Impact Analysis of Controls on Asbestos end Asbestos Products (Ref, 35". Using available data and assuming current exposure levels, EPA calculates that about 2,580 lung cancers and mesotheliomas in the United States would result from production of asbestos products over 15 years without EPA action under TSCA. EPA. calculates that this rule would avoid about i.830 of those potential cancers. Assuming that OSHA achieves strict compliance with a PEL of 0.2 f/ec, EPA calculates that about 1,325 Sung cancers and mesotheliomas would result unless EPA takes action under TSCA. EPA ridc'dates thet this rule would avoid about 1,000 of those potential cancers EPA also calculated the number ol potential cancers avoided by the regulatory alternatives discussed later. Assuming current exposure levels, alternative t, which would ban the asbestos construction products category and asbestos clothing soon after promulgation of the rule and bun the asbestos friction products category about 5 years later, would avoid about 2,100 cancers; alternative 2. which would bar, the asbestos construction products category and asbestos clothing soon after promulgation of the rule, ban the asbestos friction products category about 5 years biter, and ban the remaining asbestos products about Sfl years later, would avoid about 2.120 cancers: and alternative 3. which would ban the asbestos construction products category and asbestos clothing soon after promulgation of the rule and cover oil other asbestos products under the phase-down, would avoid about 2.020 cancers. EPA believes these estimates of potential number af cancers, ami therefore the potential number of cancers avoided, may be low for the following reasons: a. The estimate is based only cm exposures resulting from manufacture of asbestos products through the year 2000. Without regulatory action, manufacture of asbestos products may continue beyond that date, b. The risk estimates often do not include cancers from consumer and other nonoccupetional exposures to asbestos since data are either unavailable or uncertain. However, EPA believes that many people in these categories are at risk. An estimated lifetime risk of cancer of abouf t in t00,000 to about 7 in 100,000 exists for anyone who merely resides in a major city- from exposure to asbestos in the ambient air both indoors and outside of buildings. (Ref. e). Any additional exposure from asbestos products, such as consumer renovation of a house containing asbestos products, residing or working near-plants that manufacture asbestos products, or residing or working in the vicinity of a construction project where asbestos-containing products are being installed or removed, will add to the risk of cancer. This additional exposure could increase the lifetime risk of cancer by more than an order of magnitude. c. The risk estimates did not include all workers whose occupation causes them to come in contact with asbestos products. For example, the estimates do not include occupational exposure duri'sg repair, removal, and dispose! <ji asbestos products other then friction products unci doth. d. EPA did not make a worst i use estimate of asbestos risk. Rather, the risk estimates were based on a relatively conservative interpretation of the close-response relationship for mesothelioma and lung cancer. Risk estimates more than four times as high could be justified (Ref. 3J. e. EPA did not attempt to quantify reductions of cases of asbestosis and cancers other than mesothelioma and lung cancer. These diseases may add 10 to 20 percent more deaths to the total. OSHA estimates that at an exposure of 0.5 f/cr. over a working career, 12 workers per t.OOQ will develop asbestosis {Ref. 12), Thus, incidence ol asbestosis could be significant among worker populations and possibly among other populations as well. In addition, in a major study of insulation workers exposed to asbestos, about 10 percent of all excess deaths were attributed to cancers other than lung cancer and mesothelioma {Ref. 11). ft En vironmenial Effects Section 0(c) of TSCA requires that EPA state the relevant environmental factors and key considerations which form the basis for regulatory action under section 6(a). The unreasonable risk finding of this proposal is based solely on risks to human health since these risks are by far She most serious consequence of commercial use of asbestos and are sufficient to support this proposed action. C. Benefits of Asbestos Products ottd AoHobHilt oFSubstitutes The benefits of the asbestoscontaining products affected by the proposed rule are?discussed below. Overall. EPA finds that the benefits to society of these asbestoo-containing products are small since suitable substitutes are now available for mbsl uses and applications of asbestos, and products are being developed that will replace almost all uses and applications of asbestos during the phase-down period of this proposal. i. Substitutes. The detailed results of EPA's analysis of the availability of suitable substitutes for asbestoscontaining products are reported in Appendix H, "Asbestos Products and Their Substitutes," of the RIA (Ref. 3) and era summarized in Table V. FMSI 16840 Federal Register / Vol. 51, No. 19 / Wednesday, January 29, 1986 / Proposed Rules________ 3745 Table V--Summary Table of Asbestos Products, Their Major Uses: and the Extent to Which They Can be Substitut ed A.~4-vv.'?0fi pruttecf Major Extent to which substitute* are 1 available to replace asbestos products Entirely Partially A.sUjsios cenvmt i Waler It stew.tr By'-' X fittings. | pipe. t-hio'-'-iq toit...... , Backing tor vinyl sheet floo' ea 3a'.-jr I'Cil roo-'Tf) tult 'reteterjted Tfj.rVu pnxfitfCta. Cons!fUOtk>ri ot buitt-up roofino Production oi zettvetfedtooftey Ji -.^./asbo'stos fkioi ote ted i ipor lite to* builrfirig*. * geitval floor T5hivt f9>jni . ajitecteg re*3rliti'Ti VJIlGiiry.jP A > tfindteg shapes I `nfih^RiV-'t `ilteig gaps ir. eouipm`t ft X X Y > > * conatrijctu-m O-on^jive j t3eatare). hiding ft roofing >. USlK'.'jt'jS rou-hvii qi-. .! Hal asbesiiys tor buiktuHiK. Wall totoiga m Y cenvsnt budding. Asbestos com-TTl Siding ft rootlra > On bctiMlngs. A.ni)efitos- - TOHiforceo ijiaslioj (`onponunfe o! appflanc*. electrical, automotive ft printing oqwprmrrt io drestpate neat ComponoMG - trarw?nvsson. Heater-add gaafcots. when gears are changed. To provide nonteaking joints. Rrahe htenka...... To provkte protectwi against heat A wear caused by braking in Asbestos to*t*js--ctofh. vehicles. Material in &dory cvrtaiiw. fire blankets, ft . safety c'othteg. Cluu.tr ........ Friction metenrtis m manuiii bansmtsaions. <;orenon:l paper... Gerwal testation X paper ft meWer paper. Corrugated papar.... Pipe covering ft X Wock Insulation utec brake pads Components of iheavy vehidea). brakes m heavy vehicles n<sc brake pads Components of (light & medium brakes in light ft vrHtlqifis). Drum brake; linings (light ft medium vehicles), medium vohictes. Components of brakes In light ft mertHim vehicles. Friction Materia* trial materials -- industrial & riomfnnn^al support braking ft gear changing in vehicle* ft industrial equipment. . High g*ade Electrical eiectridai paper. conductor fin? insulation. Millboard............... To-protect a. fiupporting structure against heat, corrosion, moisture. X X. y y x x x X X X X X X Table v--Summary Table of asbestos Products, Their Major Uses, and the Extent to Which they Can be Substitut ed--Continued Asbestos product Major uses Entenl lo which substitutes we available to replace asbestos, products Entirety Partiatty Asbestos packing ..J To seal fluids -n applications whore motion P.ii.Tta ft 6u*fa*.n coatfnge. lakes piece. PrfortoemctCs0utrrf0ascie0sn $ water. kk(ude chimney* j* As, pipes, appliances. Fipr-rHng wrap Wraps for gas. erfi. hot water, ft steam fnv tg; piDO&tly Rotibo-uri . iinderflt'juM'V Protection ftii-v-sf fire, ririaf corrowor* ft moisture n industrial ft office equipo'unt A i-c`v ,h?:it-a.l items. Sriuet gasketing.. ... M*tdua> used fo seat flutes, Specially papers..... niters *o ouri'y or Clarify htjukte; oooiiny tower f-F, Tf.wWus-.piroad, yam, lap, roving, cord, ft wick. ft. dfoi>rinigtr-s hx eienrioiytk: cells. lusiJatioft f> wiring ft electrical conductors; rftintorremet" *oai rturobni for Dtaatlcs, insulation for loolu. nsvAh'uj*, WfHn. ft po The following examples illustrate the types of substitutes available for those asbestos products EPA proposes to ban. either in this proposal or in one of the 3 regulatory alternatives described in this proposed rule, including the category of asbestos construction products and the category of asbestos friction products. A more complete analysis can be found in the Regulatory Impact Analysis (R!A) (Ret. 3). a. Friction products. Substitutes exist or are being developed for almost all uses of asbestos in friction products. Replacement of asbestos in friction products bas been more difficult than in the other asbestos product categories because of the unique combination of. physical properties of asbestos which make it so well suited for friction products, e.g., heat resistance, corrosion resistance, high tensile strength, thermal stability, arid processability. However, substitutes which are nearly as costeffective as asbestos products have been developed for most uses of asbestos in friction products. Asbestos automatic transmission friction components are currently being replaced with cellulose-based friction components. Only one of three domestic manufacturers of clutch facings makes them using asbestos. Clutch facings made of fiberglass and textile fibers have begun to replace asbestos facings to a significant extent. However, these substitutes are inferior to the asbestos clutch facings in durability, quietness, and tensile strength. Product development is continuing, however, to improve fiberglass facings to increase strength, wear, and ability to withstand heat through the use of special binders. Aramid-fiber-based clutch facings are also being developed. However, these have been relatively expensive compared to the asbestos and fiberglass clutch facings. Semi-metallic disc brake pads have largely replaced asbestos disc brake pads in domestic cars with from wheel drive. Currently, about 85 percent of new domestic cars have front wheel drive and are equipped with semi- metaliic front disc pads. Also, a number of brake manufacturers have begun to introduce an aramid fiber into production of disc brake pads. The development of substitutes for asbestos drum brake linings has not been nearly as successful as it has been fordwo brakes. Manufacturers have reported problems in processing nonasbestos fibers and problems in meeting standards of (Jurabilitv and heat resistance. There has been limited progress to date. One automobile manufacturer has reported that its new minivans aro equipped with semi- metullio drum brake linings and one brake manufacturer has begun marketing aramid fiber-based linings for the replacement brake market. In addition, one automobile manufacturer has reported progress in developing a nonaRbestosf drum brake lining using an aramid fiber. However, domestic car manufacturers have not begun installing aramid-basfid or semi-metallic-based drum brakes linings on new vehicles except in very limited applications. A number of other substitute fibers are being tested by manufacturers and may have potential as a substitute for asbestos in brakes. b. Asbestos cloth products. Asbestos cloth has been used as a final product in safety curtains, fire blankets, protective clothing, and high-temperature conveyor belts. Asbestos cloth is used as an input product in gaskets, packing, friction materials, and thermal and electrical insulation. There currently are a number of substitute fibers for asbestos use ill FMSI 16841 3746 Federal Register / Vot. SI. No, 19 / Wednesday, January 29, 198b / Proposed Rules doth. These include glass fibers, . ceramic fibers, carbon fibers, organic fibers, quartz fibers and cotton fibers. Replacement fibers for asbestos in cloth uses depend upon the specific application. Substitutes appear to be available for almost all high-temperature applications of asbestos cloth. If asbestos doth were not available. EPA expects that the following substitutes would replace asbestos cloth as follows; Fiberglass cloth products; 50 to 60 percent. Aramid cloth products; 20 to 25 percent. Carbon/graphite cloth products: 5 to 10 percent. Ceramics and silicon-based cloth products: 10 to 15 percent Because of their temperature and flame resistance, asbestos clothing products protect wearers from fire and heat. However, substitute products have been developed for asbestos clothing products. Aramid doth products can substitute for asbestos in protective garments, but are more expensive. Some other textile products made without asbestos are less expensive than the counterpart product made with asbestos cloth. Substitute products for asbestos clothing include nomex. fiberglass, and zetex. Asbestos clothing has been replaced by substitutes in most or all firefighting and industrial applications. c. Asbestos-cement pipe and fittings. Products in this category are manufactured for various uses. Most pipe is used to carry water or sewage. A small amount is used to carry chemicals or is used as air ducts. Pipe varies in construction depending on use and such factors as how deep it will be buried, the rate of fluid transmitted and whether it is under pressure. EPA believes that at least one suitable substitute is available for each of the many pipe types and sizes. Based on information from manufacturers. EPA concluded that operation and maintenance costs and service life of all products are essentially similar. Asbestos-cement pipe does not dominate any segment of the pipe market, but is popular for certain applications such as carrying water at low pressure. If this rule is promulgated. EPA expects that the following substitutes will replace asbestos-cement pipe as follows: Polyvinyl chloride (PVC) pipe........ 72 percent Ductile iron pipe...,..... ............ ...... 23 percent Prestressed concrete pipe______ 4.2 percent Reinforced concrete pipe. 0.15 percent These estimates are only approximate and do not take into account other possible substitutes that EPA considered somewhat less suitable than those noted above. These include various plastic and vitrified clay pipes. All of the substitutes considered are well established in the pipe market and can be joined to or replaced existing asbestos-cement pipe sections. d. Roofing felt. Asbestos roofing felt is used for built-up roofing, primarily on flat roofs. "Built-up" refers to the practice of layering felt lengths on top of each other with hot roofing tar or asphalt mopped between layers of adhesion and additional weather protection. Currently, less than ID percent of roofing felt sold contains asbestos. Organic felt, fibrous glass felt, and single-ply membrane roofing all have greater shares of the flat roof market than asbestos felt. Of these three well-established products, fibrous glass felt most closely approximates asbestos roofing felt in purchase and installation prices and service life. Organic felt has a lower purchase price, but has lower insulation value and moisture resistance and a somewhat shorter service life. Single-ply membrane roofing consists of n laminate of a modified bitumen or polymeric system such as polyvinyl chloride or ethylene propylene diene monomer A typical product consists of a five-layer laminate composed of a thick plastic core protected on each surface by a layer of modified bitumen and an outer film of polyethylene. The purchase price of single-ply membrane roofing is several times that of asbestos felt, is about as expensive to install, but is expected to have a longer service life. Single-ply membrane also has the advantage of not requiring the use of hot asphalt during installation. e. Flooring felt andfelt-backed vinyl sheet flooring. Asbestos flooring felt was used as a backing for vinyl sheet flooring products. The felt confers dimensional stability and helps prolong floor life when moisture from below the surface is a problem. EPA does not believe that flooring felt is currently being produced in the U.S. A Targe number of non-asbestos vinyl flooring products have entered the market in the last 5 years, These products include sheet backed with felt containing fibrous glass, cellulose, polyethylene or polypropylene fibers, ceramic fibers, and plastic foam. Also available are unbacked sheet and numerous traditional flooring products such as ceramic tiles, capering, and wood flooring. Among these many products, consumers will find adequate substitutes for any particular use of asbestos containing felt or felt-backed flooring. EPA has found that price differentials between asbestos and non-asbestos vinyl sheeting are negligible. Overall, the backing is a small part of the total cost for vinyl sheet products. Maintenance and service life are nol materially affected by the backing. The wide range of prices found among various vinyl flooring products are mostly attributable to the colors und patterns of the vinyl as well as the wear-layer thickness. f. Vinyl-asbestos floor tile. Vinyl asbestos floor tile is used in numerous applications, but has been especially popular for use in heavy traffic areas such as in stores, kitchens, and entry ways. Addition of fiber contributes to abrasion and indentation resistance, dimensional stability, and resistance to moisture, heat, and oil. Currently, the most suitable available substitutes for vinyl-asbestos floor tiles are various asbestos-free vinyl composition floor tiles. In place of asbestos fibers, manufacturers are using synthetic fibers including fibrous glass, polypropylene, polyethylene, and cellulose. There are also several types of vinyl tiles that contain various filters and resins in place of fiber. Many non asbestos vinyl tile products have been on the market for only a few years. Consequently their service lives are nol well established. Some industry contacts believe the non-asbestos tiles will last as long as the asbestos tiles, while others believe service lives will be shorter. EPA currently assumes that sendee lives of Ihe non-asbestos tiles will be about one-third shorter than for the asbestos tiles. g. Asbestos-cement sheet. There are it number of cost competitive substitutes for asbestos-cement sheet. These include both products using substitute fibers and other jfroduct substitutes. Glass-reinforced concrete is suitable for most corrosion and heat-resistant applications where asbestos-cement sheet is now used. Glass-reinforced concrete is widely available at a price that has been declining relative to that of asbestos-cement sheet. Cement-wood boatd is suitable for the general construction applications of asbestoscement sheet. Tlie use of resins and surface coatings with cement-wood board makes the product suitable in weather-resistant applications. In the siding market, asbestos-cement products have no cost advantage over galvanized steel, aluminum, or concrete. However, asbestos-cement sheet may have greatercorrosion resistance than the other products. In cooling towers, polyvinyl chloride products or ceramic FMSI 16842 Federal Register / Vo!. 51, No. 19 / Wednesday, January 29, 1386 / Proposed Rules 3747 tile products are cost competitive and a. Fibrous glass appears to be are suitable for most applications. There considerably less hazardous than are also a number of products that can asbestos based on (1) morbidity and substitute for asbestos-cement sheet as mortality studies in workers, (2) in vivo a laboratory dusk top and fume hood and in vitro experimental data, (3) the bench. However, it appears that order of magnitude lower exposure comparably priced products may not potential in the workplace, (4) the fully match the qualities of asbestos- generally less respirable nature of the cement sheet in these applications. airborne fibers, and (5) the less durable h. Asbestos-cement shingles. There nature of the fibers in the lungs. are substitutes for asbestos-cement b. Mineral wood does not appear to shingles for both roofing and siding present the significant risks that applications. The primary substitutes for asbestos does based on (1) limited asbestos-cement roofing shingles are animal data and morbidity and asphalt-fiberglass composition shingles, mortality studies for workers, and (2) cedar wood shingles, and various the lower exposure potential in the synthetic and natural tiles, such as workplace. Mom-ay roofing tile and concrete tile. c. Ceramic fibers do not appear to Asphalt-fiberglass composition shingles present a comparable risk to that of cost about half as much as asbestos- asbestos based primarily on (1) the cement shingles in terms of purchase moderate workplace concentrations, and installation costs but have only and (2) the specialized applications about half the operating life. Cedar which include its encapsulation or wood shingles have a slightly greater incorporation into products. cost then risbeslos-cement shingles but d. Carbon/graphite fibers are have a greater operating life. probably not a significant health risk Substitutes for asbestos-cement based on the (1) use of coatings on the shingle siding include wood, wood fibers which may reduce their shingles, aluminum siding, PVC siding, respirability. and (2) low intrinsic stucco or concrete block, vinyl, and respirability characteristics. brick. Aluminum and PVC siding are e. Aramid fibers appear to present both virtually identical to asbestos- relatively low risk because they are cement shingles in terms of price and durability. Cedar shingle siding is also very competitive in terms of price, but it is somewhat less durable. The total substitute market for troth applications is approximately as basically nonrespirable as currently produced and processed. f. Polyethylene and polypropylene pulps and fibers appear to present relatively little risk since they appear to be relatively non toxic ami follows: nonrespirable. g. Attapulgite has luigu general Asphalt/tihurgiass.................................... 50perceexnpt osure potential but available Wood products......................... 50-55 percent evidence suggests that attapulgite from APItoVlurC.mk.sinitduiliemn.g..s.....i..d.....i..n...g.........................................................................................5....-.T..O.5...pp.eerr5cce-e1rnU0tpercHaed.nSdt.itmioinn,esatmtaapyulpgrieteseisntnloitttlnemhaazjoarrd. In substitute for asbestos. 2. Possible hazards oj substitutes. h. Polyvinylcholoride does not Hppear KPA has analyzed available data on the to present a health hazard comparable health effects of major substitutes for to asbestos, although vinyl chloride, the asbestos (Ref. 14). Some of the monomer used to produce substitutes.such as wood-based polyvinylchloride, is a carcinogen. The products (e.g.. cellulose fiber products) polyvinylchloride product '(self presents and construction products made of brick little risk, and workpiece exposures ere and concrete appear to present SUtie apparently adequately controlled. risk. While other substitutes present i. Ductile iron pipe doers not present a some risk, KPA has concluded that the health hazard comparable to that of available information suggests that none asbestos. of the substitutes appear to present as ERA recognizes that some asbestos great a potential for risk !o human substitutes may be new chemical health as asbestos. EPA made extensive substances for which a premanufanture use of the work of the National Research notice (PMN) must be submitted under Council and agrees with their conclusion section 5 of TSCA. A goal of EPA's PMN that: "Current population risk from review program 1b to encourage the exposures to the various substances development of new chemical considered, including fibrous glass, substances that are less hazardous than attupuigite, ami carbon fibers, appears the chemical substances they replace, to be much less than for risk from EPA encourages the development of less asbestos, especially chrysotile" IRef. 6). hazardous new chemical substances as The conclusions of EPA's analysis of asbestos replacements. Potential specific substitutes follows. developers of new chemical substances intended as asbestos substitutes may wash to discuss their plans with EPA during a prenotice consultation. Such a consultation can be arranged by contacting the Prenotice Communications Coordinator by telephone at (202-332-3745) or by writing to the Prenotice Communications Coordinator, Chemical Control Division (TS-794), Environmental Protection Agency, 401 M St,, SW,, Washington, DC 20460. Through a prenotice consultation, EPA can inform potential PMN submitters of legal requirements, possible EPA health concerns about the substance, and possible test data that EPA may believe necessary to evaluate the risk potential of the substance. During a prenotice consultation and any PMN review of a new chemical substance that is intended as a substitute for asbestos, EPA will consider the relative risks presented by asbestos and potentially presented by the asbestos substitute. EPA will make every' reasonable effort to provide prompt and clear information concerning the likely result of PMN review in view of EPA's policy of encouraging less hazardous substitutes for asbestos. 1) Economic Effects ofProposed ItuU: This portion of the preamble presents EPA's determination of the "reasonably ascertainable economic consequences of the rule" as required bv section 6(c)(1)|DJ of TSCA. EPA has prepared a `Regulatory Impact Analysis of Controls on Asbestos Products" (Ref. 3) which analyzes the potential economic impart of this proposed rule. The economic impact is summarized and explained below. Eslunated costs ara mainly from 1981 data obtained under EPA's section fl(a) asbestos reporting rule (40 CFR 763.00). Some of Ibe rfata were adjusted to reflect mure current Information on prodorlinn of asbestos products. Specifically, EPA gathered more current Information on the use of asbestos clothing and asbestos flooring fell and then adjusted the estimated costs and benefits of the rule to reflect declining use of these products. The sources of the information are noted in the record for this rule. The costs are presented as the net present value of costs incurred due lo changes in asbestos product production between 1985 and 2000. Costs ere likely to be overstated since the baseline production levels used in the cost model probably overstate production in the future. In addition, the cost estimation model assumes that the relative prices of substitutes for FMSI 16843 3748 Federal Register / Vol. 51. No. 19 / Wednesday. January 29, 1989 / Proposed Rules asbestos products will remain constant over the time period used for . measurement of costs. Actually, price differentials are* likely to decrease over time. Two types of costs are estimated in the R1A: ft) Costs to consumers and (2) costs to producers. These are discussed below. The costs represent the present value of losses incurred over the 15-year period from 1985 to 2000, using a discount rate of 10 percent. 1. Consumer losses due to the rule would result from increases in costs incurred for asbestos products or substitutes for asbestos products and from inferior performance of substitute products. Total consumer losses due to the rule are estimated to be $1.77 billion. However, this loss would be spread across the entire consumer population and would average less than $10 per consumer over 15 years. This rale would not cause dramatic cost increases in typical consumer products. 2. Losses would accrue to producers as a result of the rule when producers are forced to forgo some portion of the return on their capital stock used to produce asbestos products. Owners of equipment which can be readily converted to make other products are not expected to lose nearly as much as owners of equipment which cannot be easily converted. Total producer costs are estimated to be about $209 million for the rule. 3. In addition, the rule would result in transition coats to workers who are displaced by phasing down production of asbestos products. These losses are incurred in the form of lost wages and job search costs. EPA believe# that transition costs of the phase-down will be relatively modest since the rule would allow industry to scale back production gradually and shift production to other products and that ihe transition costs from the proposed product bans will be small in comparison to the consumer and producer costs. The sum of these costs, about $1.98 billion, represents the estimated total real resource costs of the rule. This cost would be spread over 15 years. The cost will also be spread over a large population and the impact on most persons would be negligible. In addition, EPA estimated the real resource costs of the product bans proposed in this rale. These estimates are shown below: Produc; Rea) resource* coal A/C Pipe..................... ............. St6& 4 MiMioit Floor Wo................-.................. St 19 5 Million Flooring toil ..... ............ . NoCcitf Product Real resource com A$td?StC'S ......... t Nooliog felt............................... J-t.i. MiKiw: The above costs of the rale vvil! tic offset to some extent bv the following avoided costs. By reducing the amount of asbestosrelated deaths and illnesses this rale would reduce the cost to society of the health resources used to treat asbestosrelated illnesses (e.g.. hospital and medical treatment) and the productivity (wages and los! work capacity of sick workers, etc.) lost ns a result of illness caused by asbestos exposure. EPA estimates that the avoided morbidity cost is about $1,275 per case. This is measured in 1985 dollars using a 10percent discount rate. This figure is relatively low because people generally contract mesothelioma or lung cancer after a long latency period. Thus most medical costs occur far in the future and are therefore discounted heavily. EPA did not attempt to value the loss of life itself. In addition, no value was assigned to "pain and suffering," "loss of 'leisure time.'" and other similar losses. Substantial asbestos removal and disposal costs would be avoided as result of this proposed rale. These indude avoided expenses as well as avoided health risks for people exposed during removal and disposal activities. Use of nonasbestos products in construction reduces demolition and disposal costs in the future. Removal and disposal costs of products are likely to be considerably higher for asbestos products than nonasbestos substitutes because of the extra precautions required to meet OSHA and Clean Air Act (CAA) requirements. Avoided removal and disposal costs are a major benefit of this proposed regulation. These costs can be substantial. EPA has estimated that removing asbestos from school buildings costs between $2 and $13 per square foot of asbestos removed. OSHA and EPA both have regulations to limit asbestos exposure at work sites. Certain costs related to compliance with these regulations would be avoided as a result of this rule. To comply with OSHA's current workplace standard for asbestos, employers incur expenses related to: a. Monitoring for fibers. b. Providing engineering methods to control exposures {this includes enclosing or isolating asbestos fiber generating activities, providing exhaust ventilation, dust collection, etc.) c. Providing hand tools such as saws, scorers, drills, and abrasive wheels that have local exhaust ventilation systems. d. Modifying work practices to reduce exposure. e. Providing special clothing, change rooms, lockers, and special laundering. f. I.eheling asbestos materia! arid posting caution signs. g. Providing special procedures for collection and processing of asbestos waste. h. Providing medical examinations for employees exposed to asbestos. i. Responding to recordkeeping and reporting requirements. EPA's CAA regulations require that activities during milling, manufacture, demolition and renovation, waste disposal, and some other asbestos- related activities release "no visible emissions." To comply with this requirement, persons must obtain and maintain air-cleaning devices such as filters and may be required to modify work and waste disposal practices to reduce emissions. In addition, both OSHA and EPA may require stricter workplace controls for asbestos in the near future. The costs of complying with those requirements would be avoided at least in part by this rale. United States courts and workman's compensation boards have been inundated with thousands of claims for compensation for deaths and illnesses caused by exposure to asbestos. Some past producers of asbestos products have declared bankruptcy because of these many claims. The continued use of asbestos can only exacerbate the problem. Each case of disease avoided relieves the various systems affected of u considerable burden. This rule, by reducting exposure to asbestos and reducing the number of asbestos-related illnesses and deaths, would reduce these costs. ` As required by section 8[c)(1)(D) of TSCA. EPA has analyzed the economic impact of this proposed rule on small businesses. The effect of this rule on such businesses is expected to be small because (1) there are few small businesses producing asbestos products and (21 producer losses are expected to be small since capital equipment for production of most asbestos products can be converted fairly easily to other forms of production. A maximum of 27 out of the 212 primary processors of asbestos products are small businesses. EPA acknowledges that these 27 companies could incur losses under the rule. EPA was unable to determine how many of the secondary processors of asbestos products are small businesses. FMSl 16844 Federal Register / Vol. i l, No. 19 / Wednesday, January 29, 1986 / Proposed Rules 3749 However, EPA acknowledges that a higher percentage of secondary processors ere likely to be small businesses than the percentage of primary processors that are small businesses. In addition, 5 of the 11 companies that manufacture the products that this rule proposes to ban are small businesses. This proposed rule could have significant impact on these few companies. The estimated costs of the rule could be seen as significant. However, the overall benefits to society of asbestos containing products are diminishing with the current availability and the continued development of various nonasbestos substitutes. The costs of the rule are speculative and probably are overestimated. In addition, many economic impacts of this rule are likely to be short-term and spread across large populations with only negligible impact on the typical consumer. This rule is not expected to cause dramatic price increases in typical consumer products. Consumer losses caused by this rule would be spread across the entire consumer population. Jobs displaced by this rule are likely to be offset by increased employment in companies producing substitutes for ashestos products. Potential consumer und producer costs are likely to be offset by the economic costs avoided by this rule, i.e., avoidance of the morbidity costs of asbestos-related diseases; the cost of removal and disposal of asbestos products; the costs of special control to reduce exposure to asbesto; and costs associated with legal actions seeking compensation for asbestos-related illnesses arid deaths. Finally, the estimated costs of this rule appear reasonable in view of the unreasonably large number of asbestos-rein ted deaths end serious illnesses that would occur without a phase-out of asbestos. EPA expects that this proposed rule would have a positive impact on technological innovation and encourage the continued rapid development of nonasbestos substitute products. This development of new products is likely to involve significant technological innovation. IV. Other Options Considered Section 6 of TSCA requires that EPA upply the leas! burdensome requirements to reduce an unreasonable risk. EPA is considering a number of options for implementing die regulatory policy of phasing out the manufacture and importation of asbestos products. These options involve staged bans of categories of asbestos products. This approach would ban the manufacture, importation, end processing of all asbestos products within a certain 1. Ban the asbestos construction category at the same time. EPA is products category and asbestos clothing considering a category approach for soon after promulgation of the rule, ban groups of asbestos products with similar the asbestos friction products category exposure patterns, similar exposure control issues, and similar substitutes. about 5 years later, and gather additional information on other Examples of categories under consideration are construction products and friction-products. EPA believes it may be good public policy to ban categories of products at the same time. This approach would address similar exposure patterns in the same way and treat all parts of an industry sector similarly. In addition, both the construction products category and the friction products category contain products that could substitute for other products in the category if all are not banned. Thus, a ban of the entire category may be necessary to reduce risk most effectively. One option under active consideration in addition to the ones embodied in the proposal is banning the manufacture, importation, and processing of the asbestos construction products category and asbestos clothing with the ban effective soon after promulgation of the role; banning the manufacture, importation, and processing of the asbestos friction products category about 5 years after promulgation of the rule; and gathering up-to-date production, exposure, and use data on the remaining asbestos products under section 8(a) of TSCA to support possible bans of other asbestos products at that time. Another option is banning the manufacture, importation, and processing of the asbestos construction products category, asbestos clothing, and (he asbestos friction products category as stated above and banning the remaining asbestos products at u later time (e.g., 10 years), thus allowing time for the development of effective asbestos products. Under this alternative, EPA would ban the manufacture, importation, and processing of the asbestos construction products category (i.e., asbestos-cement pipe and fittings, roofing felts, flooring felts and felt-backed sheet flooring, vinyl-asbestos floor tile, corrugated asbestos-cement sheet, flat asbestos- cement sheet, and asbestos-cement shingles) and asbestos clothing soon after promulgation of the rule. Effective substitutes exist for these products. The rule would also ban the manufacture, importation, and processing of the asbestos friction products category (i.e., drum brake liningB, disc brake pads for light, medium, and heavy vehicles, brake blocks, clutch facings, automatic transmission friction components, and industrial and commercial friction materials) 5 years after promulgation of the rule. This alternative would reduce exposure to asbestos without the administrative burden of EPA establishing and operating a permit system as in the proposed approach. This alternative, by banning asbestos friction products 5 years after promulgation, would strongly.encourage the rapid development of additional effective substitutes for asbestos friction products. The 5-year delayed ban would also allow time for expansion of production capacity for non-asbestos friction products. EPA estimates that this alternative, assuming current exposure levels, would avoid about 2,100 cancer cases that EPA can quantify while costing about $2.11 billion. This is a cost of about 1.01 million per cancer case avoided. substitutes while strongly encouraging substitute development. A third option it banning the manufacture, importation, and prof essing of the asbestos construction products category and asbestos clothing as stated above and covering ail other asbestos products under the phase-down. Under each of the options. EPA is also considering a requirement that products not banned seen after promulgation be labeled as containing asbestos. Because CjSHA has proposed lowering the workplace PEL for aisbestos to 0.2 f/cc, EPA also estimated the numbers of cancer cases avoided assuming strict compliance with this lower PEL. Assuming strict compliance with an OSHA PEL of 0.2 f/cc, EPA estimates that this alternative would avoid about 1,060 cancer cases that EPA can quantify, while costing about $2.11 billion. This is a cost of about $2.00 million per cancer case avoided. EPA is actively considering these To determine how sensitive the cost options as alternatives to this proposed per cancer case avoided was to the rale and specifically requests comment banning of particular products, EPA >m these alternatives. EPA may adopt a conducted a sensitivity analysis, final rule based closely on one or a excluding asbestos-cement pipe from the combination of these alternatives. These ban. alternatives are discussed more fully Without a ban of asbestos-cement below. l pipe and assuming strict compliance FMSI 16845 3750 TttoMtegMa / -Vet-. `St, No. 19 / Wednesday, january 29, 1986 / Proposed Rules with an OSHA PEL of 0.2 f/cc, F.1JA estimates that this alternative would avoid about 840 cancer cases that EPA can quantify, while costing about $1.87 billion. This is a cost of about $2:22 million per cancer case avoided. KPA believes that effective substitutes are increasingly becoming available for asbestos friction products and will be readily available by the date the delayed ban would become effective. However. A is eonstdc'ringran exemption process lor essential uses without substitutes. One area EPA is s iddying in particular is the aftermarket for asbestos brakes- Some persons have stated that asbestos brakes now in use cannot safely be replaced by asbestosfree brakes when they wear out, white others have disagreed with this assertion. RPA is aware of the potential risk to the public from poorly performing brakes, EPA specifically requests comment on this issue. EPA considered various approaches tor addressing the risk presented by asbestos products not banned either sopn after promulgation or 5 years eft or promulgation under this alternative. One approach would be to propose and promulgate a rule under section 8|) of T8CA to gather contemporaneous data corumming the production and use of and exposure to these products at the time the first product#'ban rule becomes effective or at a date a few years later. KPA would analyse that data and then decide whether to ban additional asbestos products. EPA would also determine the date of these bens, which may be at staged intervals. After deciding these issues, EPA would aropose and promulgate the bans of t hese asbestos products. Another approach for addressing the risk . minted bv these remaining asbestos .iioducts is diseusAed as alternative 2 sc low. /too the asbasfos mnsltvctMm ntduals category and asbestos clothing nm afterpromulgation of tha rata, hon .1 asbestos friction products category tmi 5 years lotim and him remaining sbestos products ahmit. to years Inter, inder ibis alternative, as in alternative EPA would ben tbs manufacture, tfiporiatiofi, and processing of (ho asbestos construction products category ,n*t asbestos clothing soon after nvornulgutiOn of the. rule, end ban the Mfuifecturo, Importation, ami rocestiing of the asbestos friction redacts category 5 years after uromiilgntton of the rule, "f his Iternative would also ban the anufaclnre, importation, and -.recessing of elf other asbestos products 0 years after promulgation of the rule. This alternative would relatively quickly ban a number of asbestos products for which effective substitutes exist while strongly encouraging the rapid development of effective substitutes for other asbestos products. This alternative, unlike alternative!, avoids the necessity of future rulemakings to gather additional data and then ban additional products. It would also provide greater certainty about the status of all asbestos products and more strongly encourage the development of substitutes for all applications of ail products. As in alternative 1, EPA is considering the need for an exemption process for asbestos friction products in connection with the staged product bans. EPA estimates that this alternative, assuming current exposure levels, would avoid about 2,120 cancer cases that EPA can quantify while costing about $2.29 billion. This is a cost of about $1,08 million par cancer case avoided, Assuming strict compliance with an OSHA PEL of 0.2 f/cc, EPA estimates that thij alternative would avoid about 1.070 cancer oases that EPA can quantify, while costing about $2.29 billion. This is u cost of about $2.13 million per cancer case avoided. Without a ban of asbestos-cement pipe and assuming strict compliance with an OSHA PEL of 0.2 f/cc, EPA estimates that this alternative would avoid about 950 cancer cases that EPA can quantify, while costing about $2.02 billion. This is a cost of about $212 million per cancer case avoided. 3. Bon the asbestos construction products category and asbestos clothing soon afterpromulgation of the rule and cover all other asbestos products under the phase-down. Under this alternative EPA Would ban the manufacture, importation, and processing of the asbestos construction products category ami asbestos clothing soon after the promulgation of the rule and cover all other asbestos products under the phase-down. This alternative, unlike the current proposal. Would ban all asbestoscement products at the same time, thus addressing similar exposure patterns in the same way and treating all parts of ah industry sector similarly. The phasedown would operate to restrict use of asbestos in other industry sectors, EPA estimates that this alternative, assuming current exposure levels, would avoid about 2,020 cancer cases that EPA can quantify while costing about $2.01 billion. This is a cost of about $1.00 million per cancer case avoided. Assuming strict compliance with an OSHA PEL of 0.2 f/cc, EPA estimates that this alternative would avoid ahon* 1,010 cancer cases that EPA can quantify while costing about $2.01 billion. This is a oust of about $1.98 million per cancer case avoided. Without a ban of asbestos-cement pipe and assuming strict compliance with an OSHA PEL of 0.2 f/cc, EPA estimates that this alternative would avoid about 950 cancer cases that EPA can quantify while costing about $1.86 billion. This is a cost of about $1.95 million per cancer case avoided. The following Table VI summarizes the estimated costs and estimated cancer cases avoided that EPA could quantify for the proposal and the three alternatives discussed earlier, first assuming current exposure levels and then assuming strict compliance with an OSHA PEL Of 0.2 f/cc. Table vt- Estimated Costs and Cancer cases Avoided Alt 3 Assuming Current Exposures Cos* (Wtions)...................... Cano* cases avoided......... Cost per cancel caso avoided <mKHotvs).......... .. . $1.08 1,030 $1*02 $2.11 2,100 $1.01 $2.20 2,120 $108 82.01 2,020 $1.00 Assuming Strict Compliance With an OSHA PEL ot G2t/cc Cancel case's avoided........ 1,000 Coal per cancer case avoided <rotfijris)............. $1.9$ $2.11 1.060 $2.00 i,07Q S2I3 S2.oi 1,010 AHwnative t -Elan asbestos construction products and ristwstos rtfrtfainu soon allot piomulgetfon and bar* uiSfestif* friction products tnTwe years. ' 2-^Ban asbestos construction products arid esb^slos clothing soon after prcfmufgabcm. ban asbestos ftkit'on products in five years arid ban remaining products tri tenyeais. Aitnrnetivrt 3--Ban asbestos oorisftuclfcn products arid aefotfps ntotfriria soon arier ^Txnp^adbn and &*?*: wnatri imi products urv% tfWp%sri-dotm. 4. Requ ha-labeling ofasbestos products subject to a ban. As pari of this alternative, EPA also proposes and requests eommentym a labeling feguirement. In particular, it is proposed that products not immediately banned but subject to regulation 5 or 10 years from now be labeled in the interim. The labeling would advise purchasers that the product contains asbestos. EPA requests comments on this proposal, in particular on fij the appropriateness of this proposal for at! or some subset of the products in this category; f2} the appropriateness of a simple content warning as opposed to a more extensive labeling provision; and (3] the extent to which labeling would serve to reduce exposure to asbestos. EPA also considered a number of alternatives for implementing the phasedown. These include options concerning the following: who would be assigned pei'rqifis; how persons would be Ranted FMSI 16846 Federal Register / Vo'S. 31, No, 19 j Wednesday, January 29, 1986 / Proposed Rules 3751 permits; whether permits would be transferable; whether permits would be bankable; arid how imported products containing asbestos would be treated. F.I'A also considered a number of options before adopting its current regulatory strategy for controlling the risk from asbestos. These options are discussed in documents which are included in the rulemaking record. V. Finding of Unreasonable Risk EPA has weighed the health risks from continued use of asbestos and asbestos-containing products against the costs attributable to the proposed regulation. EPA has concluded, that the avoidance of about 1,930 cancer cases that can be quantified assuming current exposure levels, or the 1,000 cancer cases that can be quantified assuming strict compliance with an OSHA PEL of 0.2 f/cc, many other cancer cases that cannot be quantified, and many cases of asbestos-related disease substantially outweigh the costs to consumers, producers, and users of asbestos products from the proposed regulation. Therefore, EPA Finds that the continued mining and importation of asbestos and asbestos products in the United States for domestic use and for export present an unreasonable risk to human health. The finding is based on the following points: 1. The health effects from asbestos exposure are very serious. Asbestos is a demonstrated human carcinogen. The cancers caused by asbestos are usually fatal and cause much pain and suffering. In addition, asbestos causes other lung diseases such as asbestosis. 2. Available evidence supports the conclusion that there is no safe level of exposure to asbestos. This conclusion is consistent with present theory of cancer etiology and is further supported by the many documented cases whore low or short-term exposure has been shown to cause asbestos-related disease. 3. Models developed to estimate the relative risk of developing cancer from exposure to asbestos show a linear dose-response relationship. Based on data from epidemiology studies, these models predict that humans exposed to very low levels of asbestos incur some risk. Individuals frequently exposed to levels typically found at asbestos worksites are estimated to have very high risks of contracting cancer, perhaps greater than 1 in 100. 4. Asbestos fibers are colorless, odorless, and frequently invisible, thus presenting risk to persons not aware that they toay be exposed. Asbestos fibers are extremely durable and have aerodynamic properties that allow them to remain suspended in the air for a long time. Asbestos fibers easily reenter the the next 15 years. This rule would avoid atmosphere after settling out and can about 1.000 of those cancer cases. travel long distances through the air. 8. The estimated costs of this 5. Health risks from exposure to proposed rule are reasonable in view of asbestos fibers during the lifecycle of the number of cancers and other the asbestos products covered by this adverse health effects that would be proposed rule occur to many population avoided. Substitutes for asbestos are groups during many activities. Persons readily available for many products and can be exposed to asbestos fibers long can be expected to become available after those fibers have been released to during the phase-down period for most, the air and at a considerable distance if not ail, other uses. Even though the from the source of release. The vast costs are probably overestimated, the majority of the general population of the cost per cancer case avoided, assuming U.S. is exposed to asbestos in the air. current exposure levels, that EPA can More than 40,000 workers are exposed quantify, is about $1.02 million. Even if during manufacture and processing of OSHA promulgates and achieves strict asbestos products covered by this compliance with a PEL of 0.2 f/cc, the proposal. Many additional thousands of cost per cancer case avoided that EPA workers arid consumers are exposed can quantify is about $1.99 million. If all during product installation, use. cancer cases and the incidence of other maintenance, renovation, removal, and diseases could be quantified, the cost disposal of asbestos products. Finally, per case of disease prevented would be many millions of people who reside near substantially lower, in addition, the asbestos worksites are also exposed to overall costs of the rule are spread over significant concentrations of asbestos in a large population so that the cost to any `be air. individual would be negligible. Further, 6. Using typical, rather than worst- EPA expects substantial savings to case, data and assumptions, EPA has result from this rule from such factors as estimated that this proposed rule avoided costs in treating asbestos banning certain asbestos products artd related diseases, avoidance of lost phasing nut fill others, if promulgated, productivity caused by these diseases, would avoid approximately 1,930 cases avoided costs in asbestos removal and of cancer which would otherwise result disposal, and avoidance of litigation from exposure to asbestos between the costs resulting from asbestos disease years 1985 to 20QO. EPA underestimated claims. the number of cancer cases avoided EPA aiso finds that the costs of beca use of the lack of comprehensive alternatives 1. 2. and 3 are reasonable in data cm releases of asbestos to the view of the numbers of cancers and ambient air from many activities. EPA other adverse health effects that they estimates that the following numbers of would avoid. The costs per cancer case cancer cases would be avoided as a avoided that EPA can quantify of these result of the proposed product bans, alternatives are approximately the same assuming both current exposure levels as for the proposed rule. and strict compliance with an OSHA As discussed earlier, EPA conducted a PEL of 0.2 f/cc. sensitivity analysis to see how sensitive the cost per cancer case avoided by this rule and the cost per cancer avoided by Pnxk/Ct w Cancor cases avottfed -- -- - Ckmenl excoeure At C ? t/cc the regulofory alternatives discussed earlier were to the banning of particular products. Specifically, EPA analyzed the cost per cancer case avoided for the proposal and the other options Asbestos doling.......................................... \ 0 excluding asbestos-cement pipe or A/Cpjpo .... Ftoor We........................................................ fbotmg fott................................................... 533 469 0 96 468 viniy-asbestos floor tile from the bans. 0 Even with these relatively high exposure ................................ ............ 4 products excluded from the bans, the L - . cost per cancer case avoided by the These estimates of cancer cases avoided by the product bans should not be viewed in isolation, since asbeBtos use in other product sectors would proposal and the alternatives are similar. For example, without a ban of asbestos-cement pipe and assuming theoretically decrease at less than the strict compliance with an OSHA PEL of current rate unless all asbestos use is 0,2 f/cc, this proposed rule would cost phased ouL about $1.96 million per cancer case 7, Even if OSHA promidgates and avoided that EPA can quantify, Without achieves strict compliance with a PEL of a ban of vinyt-asbestos floor tile and 0.2 f/cc, almost 1,325 cancers would still assuming strict compliance with an result from asbestos products made over OSHA PEL of 0.2 f/cc, this proposed rule FMSl 16847 3752 Federal Register / Vol. 51, No, IS / Wednesday, January 29, 1986 / Proposed Rules would cost about $2.28 million per . during the disposal of asbestos and exposure to asbestos from such products cancer case avoided that EPA con asbestos products. us asbestos millboard, asbestos paper quantify. VI, Other EPA Statutes Section 0(c) of TSCA requires that if VII. Analvsis Under Section 9(a) of TSCA ' Under section 9(a)(1) of TSCA, the products, and stove door gaskets. OSHA began to regulate asbestos in the workplace in 1971 under the Oucupational Safety and Health Act (29 EPA determines that a risk of injury to health or the environment could be eliminated or reduced to a sufficient Administrator is required to submit a report to another Federal agency when two determinations are made. The first U.S.C- 51, OSHAct). Since the first workplace standard setting a limit of 12 f/cc was promulgated in May 1971, the extent by actions taken under another determination is that the Administrator workplace standard has been twice . statute administered by EPA, EPA may not promulgate a rule under section 6(a) of TSCA; unless EPA finds it ts in the puhlic interest to protect against the risk by action under TSCA. EPA finds that no other law administered by EPA will eliminate or reduce the risks from asbestos to a sufficient extent. Several EPA statutes have been used to limit asbestos exposure. In 1973, EPA used the authority of die CAA to iist asbestos as a hazardous air pollutant, establish a "no visible" emission standard for manufacturers, and ban the use of spray-applied asbestoscontaining material as insulation in buildings, published in the Federal Register of April 6,1973 (38 FR 8826). EPA amended this regulation In 1975 to ban asbestos-containing pipe lagging, by a rule published in the Federal Register of October 12,1975 (40 FR 48292): and to 1978, extended the ban to all uses of sjjrayed-on asbestos by a rule published in the Federal Register of june 19,1978 (43 FR 26372). The CAA rule, which was last amended on April 5,1984 (49 FR 13059), also regulates the removal of asbestos from buildings and the disposal of wastes generated by removal. However, the CAA has limitations. The CAA does not apply directly to indoor air to the workplace or home. Consequently, any possible additional use of that statute may leave many workplace or home exposure situations inadequately controlled. Another EPA statute that could be used to limit asbestos exposure is the has reasonable basis to conclude that a chemical substance or mixture presents or will present an unreasonable risk of injury to health or the environment. The second determination is that the unreasonable risk may be prevented or reduced to a sufficient extent by action taken by another Federal agency under a Federal law not administered by EPA, Section 9(a)(1) provides that where the Administrator makes these two determinations, EPA must provide an opportunity to the other Federal agency to assess the risk described to the report, to interpret its own statutory authorities, and to Initiate an action under the Federal laws that it administers. Section 9(a) of TSCA thus requires EPA to review other Federal authorities not administered by EPA to determine whether action under those authorities may prevent or sufficiently reduce unreasonable risk, The following unit summarizes past and contemplated action by other agencies and then discusses why those agencies are not able to prevent or sufficiently reduce the unreasonable risk presented by asbestos. A. Other Authorities Affecting Asbestos Under the authority of the Consumer Product Safely Act (CPSA, 15 U.S.C. 2951) the CPSC has issued rules banning consumer patching compounds containing respirable asbestos (16 CFR Part 1304) and artificial emberizing materials containing respirable asbestos (16 CFR Part 1305). The CPSC took those revised and is now 2 f/cc (TWA). An Emergency Temporary Standard (ETS) establishing a permissible level of 0.5 f/cc was published in the Federal Register of November 4.1983 (48 FR 51086). but the ETS was found invalid by a court. OSHA proposed a revised standard to the Federal Register of April 10,1984 (49 FR 14116). The Mine Safety and Health Administration (MSHA) acting under the Mine Safety and Health Act has adopted workplace standards designed to protect workers engaged in pit and underground mining and milling. The MSHA standards are similar to those administered by OSHA for other workplaces. The MSHA standard was last amended in 1976 and calls for a PEE of 2 f/cc. Possible jurisdiction over other aspects of asbestos risk may lie with still other Federal agencies. For example, the Asbestos Information Association (AIA), commenting before a Senate subcommittee on early versions of TSCA, noted that the Federal Trade Commission may have authority to require labeling, distribution, and marketing of asbestos products and that the Department of Transportation has authority to control transportation of hazardous substances, such as asbestos. 1971 Senate Hearings at 224-227. State and local public employees are generally excluded from coverage under the OSHAct. However, under section 19 of the OSHAct, 0$HA has approved Safe Drinking Water Act (SOWA). EPA actions bused oil findings that the use of State plans for 23 Slates and two announced its intention to consider , those products to the household would territories, thus effectively extending asbestos for Inclusion in its proposed result in increased risk of cancer. OSHA protections to State and local National Revised Primary Drinking Earlier, the Food and Drug public employees in the jurisdictions. Water Regulations by a Notice Administration under the Federal EPA has proposed a rule to establish published M the Federal Register of Hazardous Substances Act (FHSA, 15 requirements similar to those of the October 5,1983 (48 FR:45502j. However, U.S.C. 1261) banned "general-use OSHA Asbestos Standard for State and avenif(he SDWA is used to sei a garments containing asbestos other than local public employees not under a State drinking water standard for asbestos, it garments having a bona fide application plan who conduct asbestos abatement would necessarily ignore the inhalation for personal protection against thermal work. However, other public employees, risk associated with asbestos. , injury and so constructed that the such as Firefighters, are not covered by Ah additional EPA Statute that could asbestos fibers will not become airborne this rule. . be used to; limit asbestos exposure is toe Resource Conservation and Recovery Act (RCRA). tlxider RCRA, ERA could under reasonably foreseeable conditions of use" (16 CFR 1500.17). The FHSA is now administered by the CPSC. B.EPA's Determination Under Section 9(a) of TSCA iist asbestos, as ahazardous waste and to 1980. CPSC issued a genera! order EPA is,not required to submit a report subject .asbestos waste to general RCRA requiring persons to furnish information to other agencies under section 9(a) on requirements designed to reduce on the use of asbestos in certain the asbestos risks described in this exposure. However, such action under consumer product categories. CPSC has notice since EPA haB determined that RCRA would only reduce exposure also measured potential consumer sudji risks cannot be prevented or FMSI 16848 Federal Register / Vol. 51, No. 19 / Wednesday, January 29, 1986 / Proposed Rules3753 reduced to a sufficient extent by actions there is no other Federal authority 3. Residual risks. Even if other taken under n Federa! law not capable of addressing the combination Federal agencies took additional action administered by EPA. Certain activities of activities involving asbestos. Section to reduce the risk associated with involving asbestos present risks that fall 9(a) requires EPA to consider the issues asbestos during the various stages of the under the jurisdiction of a number of necessary to make this determination lifecycle of asbestos products clearly different Federal laws such as the because the Agency believes that the within their jurisdiction, a substantia! QSHAct, the Consumer Product Safety combination of asbestos activities, and unreasonable residual risk would Act, and the Clean Air Act, but no one under the jurisdiction of a number of still remain. statute, other than TSCA, can Federa! laws, presents an unreasonable Many groups outside of OSHA adequately address all its risks. Referral risk. Second, EPA examines the residual jurisdiction are at risk from exposure to would result in fragmented assessment risks that would remain if other agencies asbestos. State and local public of risks and potentially duplicative were to regulate asbestos and employees, such as firefighters, are not regulatory efforts, inefficient control of determines that such residua! risks protected by OSHA regulations in about risk, and an adverse effect on public would still be unreasonable. half the States. The general population health. Furthermore, even if EPA were to 2. Capability ofother Federal is exposed to asbestos in the ambient air refer asbestos risks to other agencies, authorities to deal with the combination as a result of release during the action taken by those other agencies of asbestos activities. EPA has manufacture, processing, use. repair, would still leave a substantia! residual concluded that asbestos is a clear and disposal of asbestos products. EPA risk. EPA's reasons for reaching this example for TSCA action rather than estimates that about 540 persons will conclusion are set forth below. referral to other agencies. It is a develop cancer as a result of exposure 1. Interpretation ofsection i>iat of TSCA. The comprehensive nature of substance for which there is broad exposure to populations in numerous to asbestos in the ambient air as a result of releases associated with products TSCA has long been recognized. TSCA situations--in the workplace, through imported dr manufactured over the next allows regulation of a chemical ambient concentrations, and from 15 years. substance based on all its risks and. consumer products. With the exception Even if OSHA promulgates and thereby, allows the Government to of TSCA, there is no one unified achieves strict compliance with a PEL of remedy the deficiencies in other statutes authority to deal with these multiple 0.2 f/cc, a substantia! and unreasonable that can deal only with parts of the risk. exposures. No one of the other potential residual risk would remain. About 1.325 (Statement of the President on signing S. Federal regulatory authorities, in looking persons would still develop cancer as a 3149 Into Law, October 12,1976, Weekly at its specific part of the overall result of exposure to asbestos in Compilation of Presidential Documents, exposures, can either evaluate or deal products imported or manufactured over vol. 12. No. 42, Oct. 18.1976. at 1489; S. with the totality of the risk presented. the next 15 years. These include cancers Rep. No. 94-698,94th Cong., 2d Sess. at Thus, OSHA may set exposure limits for in populations totally outside of OSHA's 2.) The need for a total exposure workers, but there may be venting of jurisdiction. Even with a lower approach to chemical regulation and the asbestos into the atmosphere; EPA, workplace PEL, EPA estimates that dangers of a fragmented regulatory' under the Clean Air Act, may regulate about 540 persons will develop cancer approach were recognized even during ambient emissions, but not workplace or from exposure to asbestos in the the early congressional hearings on consumer exposures; and in each step of ambient air. In addition, at a PEL of 0.2 TSCA. See, e.g. 1973 Senate Hearings at the process, only a fraction of the risk is f/cc, EPA estimates that about 785 212-214; 1972 House Hearings at 65-67. evaluated. Only EPA under TSCA may workers under OSHA jurisdiction would No other single law provides authority look across the range of asbestos use to develop cancer as a result of workplace to deal comprehensively with multi evaluate whether it presents an exposure to asbestos in products media hazards. unreasonable risk. There is no other Act imported or manufactured in the next 15 In particular, Congress designed that affords such authority and, years. TSCA to deal with chemical substances accordingly, referral is inappropriate. EPA calculated these figures using for which the most appropriate remedy EPA's analysis of the jurisdiction over well-accepted models. EPA used the would be a total ban on their production the risks presented by asbestos among a Nicholson relative risk model to and distribution in commerce. In this number of agencies and statutory estimate the number of lung cancer regard. Congress focused on the risk of authorities is set out below. OSHA has cases and tife Nicholson absolute risk asbestos and the dangers of fragmented authority under die OSFlAct for risk model to estimate the number of regulation of asbestos during the presented to private sector mesothelioma cases. The dose-response legislative hearings. See 1971 Senate manufacturing, construction, and service constants used in the risk assessment Hearings and 1973 Hearings. Asbestos employees from workplace exposures, were those estimated by Seiikoff in a risks were described in the workplace and may approve State plans covering study of asbestos insulation workers and in over 3.000 uses that could present State and local public employees. CPSC (Ref. 11). A number of epidemiological risks to the general population. (H.R. has authority under the CPSA and studies have estimated dose-response Rep, No. 94-1341, 94th Cong., 2d Sess., at FHSA concerning risk presented to constants for asbestos-related diseases 5 (1976).) Members of Congress believed consumers from consumer products. The and estimates vary by as much as an it intolerable that, no agency could deal Mine Safety and Health Administration order of magnitude. The Seiikoff comprehensively with chemical risks, has authority under the Mine Safety and estimates fail approximately in the including the risk from asbestos. See Health Act concerning risk presented middle of the ranges of dose-response 1973 Senate Hearings at 319-320 (Letter during the mining and milling of estimates for both lung cancer and from Senator Tunney to Dow Chemical asbestos. State and iocal public mesothelioma. In addition, the Seiikoff Company); 1975 Senate Hearings at 131 employees, such as firefighters who may- estimates have the lowest variance 133 (Remarks of Senator Tunney). wear asbestos clothing, in about half the among all of the estimates. These EPA's decision not to refer the risks States are not covered even indirectly models and dose response constants associated with asbestos is divided into by OSHA regulations and are subject to were recommended by the CPSC's two parts. First. EPA determines that State authority. Chronic Hazard Advisory Panel on FMSI 16849 3754 Federal Register / Vol. 51, No 19 / Wednesday, January 29, 1986 / Proposed Rules asbestos (Ref. t) and were also used by OSHA to estimate the risk posed by asbestos in support of the proposed revision of OSHA's asbestos standard. OSHA s choice of 0.2 f/cc as a proposed PEL was based on the feasibility of measuring asbestos levels in the workplace. At a level of 0.2 f/cc, OSHA, using the same lung cancer and mesothelioma models as EPA, estimates that there would be 970 excess cancer deaths per 100,000 workers exposed over a working career (Ref. 12). In 1980, a joint NiOSH/OSHA Asbestos Work Group stated that there was no level of exposure to asbestos below which clinical effects did not occur and recommended a PEL of 0.1 f/cc based on the limitation of current technologies for measuring air concentrations of asbestos (Ref. 7). Even a level of 0.1 f/cc, OSHA estimates that there could be 336 excess cancer deaths per 100,000 workers exposed over a working career (Ref, 12). It is likely that a PEL of 0.2 f/cc will be exceeded in many cases since it is particularly difficult to apply the PEL in the construction and service sectors. Many of the workplace exposures to asbestos occur downstream in the construction and service sectors rather than the manufacturing sector. Over 80 percent of workers exposed to asbestos are in the construction and service sectors. Employees in those sectors often do not know when they are exposed to asbeslos because they do not know that they are working with asbestos products. Compliance inspections are also difficult in the construction and service sectors since employees frequently do not have a fixed worksite. In fact, the current PEL of 2.0 f/cc has been exceeded in many cases in these sectors. Thus, it is likely that many workers in the construction and service sectors will develop cancer unless EPA takes action. Finally, many asbestos control measures, in particular, the use of respirators, only put the asbestos exposure problem elsewhere because they do not control the release of large quantities of asbestos to the ambient ertvironment, where it continues to present a risk both to other workers and the general population. Similarly, CPSC cannot evaluate or deal with the totality of the risk presented by asbestos, CPSC may ban or require safety standards for asbestoscontaining consumer products based exclusively on risk to consumers. CPSC is unable to consider risk to other groups from releases of asbestos during the lifecycle of those products. After carefully analyzing other Federal authorities, EPA concludes that action under TSCA is appropriate to reduce the unreasonable risk to human health posed by asbestos. Use of other Federal authorities cannot reduce risk to a reasonable level because (1) they cannot reduce the total volume of asbestos in commerce, (2) they cannot protect the many population groups at risk, and (3) they all have jurisdictional gaps. VIII. Provisions of the Proposed Rule A. Product Prohibitions EPA proposes to prohibit the manufacture, importation, and processing of several asbestos products. The prohibitions will take effect at the same time that the restrictions on the mining and importation of all asbestos and asbestos products become effective. Thus, when this rule becomes operational, no person could mine or import asbestos without a permit issued by EPA. In addition, no person could manufacture, import, or process the following asbestos containing products: Asbestos cement pipe and fittings, roofing felts, flooring felts (and feltbacked sheet flooring), vinyl-asbestos floor tile, and asbestos clothing. EPA is proposing to ban asbestos clothing because it presents a particularly serious risk because of high exposure potential. EPA is proposing to ban the other products because effective substitutes are currently available for all applications. As an alternative, EPA is considering banning these several asbestos products by a date soon after the promulgation of this rule. B. Mining and Import Restrictions EPA proposes to prohibit the mining or importation of bulk asbestos, and the importation of the asbestos products listed in 763.145 of the proposal, unless the miner or importer holds a permit issued by EPA allowing mining or importation of that quantity of asbestos. EPA is considering the requirement that products made under the permitting system be labeled as containing asbestos. Labeling would ensure that persons working with or otherwise handling the products would know that the products contained asbestos, and it would enable them to take steps to reduce the likelihood of exposure. EPA proposes to reduce the amount of asbestos that may be imported or mined in set decrements each year for 10 years. EPA proposes to define "mine" as "to produce asbestos other than as an unintended contaminant or impurity by extracting asbestos-containing ore so that the ore may be (1) distributed in commerce or (2) milled for distribution in commerce." Thus, the unintentional mining of asbestos in connection with mining of another substance such as vermirulite would not be.covered by this proposal unless the asbestos were later milled or sold for use. EPA is concerned about possible unintended asbestos contamination of vermiculite and other minerals. However, any attempt to cover the unintentional mining of asbestos under this rule would complicate the operation of the rule considerably and perhaps make it unworkable. The proposal defines "import" as "to bring info the customs territory of the United States except for (1) shipment through the customs territory of the United States for export without any domestic use or processing; or (2) entering the customs territory of the United States as part of a product during normal personal or business activities involving use of the product." Thus, asbestos that is shipped through the United States for export without any domestic processing or use would not be covered by this proposed rule. The proposed rule also excludes from coverage situations where an item, such as an automobile containing asbestos, travels across the United States border in the course of normal personal or business activities. In addition, asbestos contained in products that are imported in small quantities solely for personal use by consumers would not be covered by the proposal. Thus, under this provision an individual could bring an item such as a consumer appliance containing asbestos into the United States for his or her own use without obtaining a permit. EPA believes that any attempt to cover these situations would make this rule very complex and difficult to administer. However, EPA specifically requests comment on whether, in view of the serious health hazard posed by asbestos, all asbestos products should covered by this rule. This proposal covers mining and importation of asbestos and the importation of specific asbestos products. EPA proposes to define "asbestos" as "the asbestiform varieties of; chrysotile (serpentine); crocidolite (riebeckite); amosite (cummingtonitegninerite); tremolite; anthophyilite, and actinolite that are mined or milled." EPA requests comment on this definition, including whether asbestos which has been chemically treated or altered should be included within the definition. EPA also proposes to cover under this phase-down the asbestos contained in a number of products listed in 763.145 of this proposal. Persons would be allowed to import these products only if they held permits allowing the importation of the amount of asbestos contained in tf FMS116850 Federal Register / Vcd. Si. \o. U / Wednttadey. Juntuiry 28. IWJti / l*roposed Rules 3755 products. F.PA is covering (hose particular products in this proposed because they represent the largest quantities of asbestos imported as port of products. Et'A is proposing to cover asbestos in products because of the risk posed by possible asbestos exposure during use and disposal of the products and to treat domestic producers and importers of these producls similarly. To implement this program, EPA is proposing that importers of listed products estimate the typical asbestos content of the producls. To aid those estimates, EPA has ascertained the typical asbestos content of the asbestos products covered by this proposal. If persons do not know the exact asbestos content of products they import, they ran rely on the EPA figures to estimate the amount of asbestos they import. EPA would allow persons to use an amount other than the EPA figure if they can show that their imported product contains a different amount of asbestos Such persons would be required to maintain records supporting their determinations of typical asbestos content and would be subject to appropriate enforcement action if EPA discovered that their imported products actually had a higher asbestos content than they estimated. EPA believes that this is a practical way to implement the phase-down of asbestos use <7. Permits to Mine or import Asbestos EPA proposes to issue current miners and importers of asbestos permits that would allow' those persons to mine or import set amounts of asbestos. The permit would be letters from EPA stating the amount of asbestos that a person may import or mine during each year of the 10-year phase-down period. The "permitted" amount of mining or importation would be a uniform percentage of the average amount of asbestos each person mined or imported yearly during the base period of 1981, 1982, and 1983. The "permitted" amount of asbestos would be 30 percent of the person's average base year volumes during the first year of the phase-down period and would decline to 27 percent of average base year volumes during the second year. 24 percent during the third year and so on until it reached 3 percent in year 10. EPA chose these "permitted" amounts based on projections of future asbestos use after analysis of current use trends, publicly available information on asbestos use. and information reported under the section 8(a| asbestos reporting rule. In addition, the "permitted" amounts chosen reflect the EPA has proposed to ban certain high volume uses of asbestos where suitable substitute products are avilable. Persons would apply to EPA fur permits, listing ni their applications' their mining or import volumes during those years. Persons who do not apply for permits would not be granted any. EPA would compare volume information included in applications with information reported under the section 8|aj asbestos reporting rule, which covered 1981. United States Customs Service data, and Bureau of .Mines data. Persons who include false information in their application would be subject to enforcement action, including criminal prosecution in appropriate cases. EPA would similarly cover importers of asbestos contained in the products listed in this rule. Those persons would apply for permits, including in their application the total amount of asbestos in their imported products during the base years 1981.1982, and 1983. Those persons could use EPA's estimates of typical asbestos content of products if they do not know the typical asbestos content of their product. The proposal contains an appeals procedure for persons who disagree with EPA's allocation oi permits to them. However, since the proposed rule would allocate each miner and importer a uniform percentage of their base volume levels, F.PA would expect few appeals. The only issue in an appeal would be whether EPA allocated permits based on the correct base years' volume information. Persons would be allowed to transfer their permission to mine or import asbestos to other persons, including persons who were not issued permi ts by ET'A. Permits issued to miners, importers of bulk asbestos, and importers of asbestos in products would be interchangeable. Persons could transfer all or only part of their yearly permitted amount to one person or a number of persons. Persons transferring all of part of their permitted amount would be required to report each transfer to EPA. Persons would also be allowed to reserve or "bank" permisison to import asbestos during any year of the phase- down period for use during any later year of the phase-down period. Persons would be required to report each "banking" of asbestos permits to EPA. A person who banks permission, to mine or import a certain amount of asbestos would be allowed to use only part of that amount during later years of the phase-down period. The amount of asbestos mining or importation permitted by banked permits would decline yearly at a rate of 10 percent. Permits not used by the conclusion of the 10-year phase-down period would no longer permit the holder to import or mine asbestos in any quantity and would have no value of any kind for any fur-pose. EPA is considering an alternative of having banked permits not decline in value. This alternative would provide greater incentive for the banking of permits and thus incentive for greater reductions in asbestos mining and importation in early years of the phasedown period. Under the proposed approach, at the end of the 10-year phase-down period, all mining or importation of asbestos would be banned except that allowed under an exemption procedure. F.PA would consider applications for exemptions and grant them for essentia! uses of asbestos for which substitutes are not available. In addition EI'A is considering a requirement that products not banned be labeled as containing asbestos. This requirement could be imposed as par! of this rulemaking or by a separate rulemaking. As an alternative, EPA is considering allowing a residua! amount of asbestos mining and importation after the 10-year phase-down period. This general approach would avoid the potentially heavy administrative burden and expense of an exemption process. As part of this alternative. EPA is considering allowing permits banked during the 10-year phase-down period to continue to be used during the later period when a much smaller percentage of base years volume is permitted. Such an approach would provide additional incentive for the banking of permits and thus additional incentive for greater reductions in asbestos mining and importation during early years of the phase-down period. EPA specifically requests comment on this series of alternatives to a ban with an exemption process after the 10-year phase-down period. IX Reporting EPA proposes to require persons to report the amount of asbestos imported during each import transaction. EI'A specifically requests comment on whether this report should be sent directly to EPA. or whether persons should turn the report over to the United States Customs Service, which would forward the report to EPA. Requiring the report to be turned over to the Customs Service as part of each import transaction may facilitate enforcement of the rule. The proposal also would require persons to report to EPA each transfer of .permission to mine or import asbestos. This reporting would be under authority of section 8(a) of TSCA and FMSI 16851 3756Federal Register / Voi. 51, No. ts / Wednesday, January 29, 1986 / Proposed Rules would apply to all importers, including small businesses. Section 8(a) exempts small businesses from reporting in certain cases. However, EPA may require miners and importers of a substance subject to a rule under section 6 of TSCA to report. Since asbestos is already subject: to rules under section 6 and would be subject to this one, the small business exemption of section &(a) would not apply. EPA believes that these reporting requirements represent very little burden and are necessary for effective enforcement of the phase-down rule. EPA would use the information in these reports to maintain a computerized record of the quantities of asbestos each person is permitted to mine or import as compared to the actual level of mining or importation. EPA would investigate cases where the quantity of asbestos mined or imported appears to exceed the quantity of asbestos that a person is permitted to mine or import and take appropriate enforcement action for any violation of the phase-down rule. To facilitate the transfer of permits, EPA is considering making readily available to interested parties information concerning the persons holding permits and the quantities they hold. EPA may allow persons computer access to an EPA data bank if this would not reveal confidential business information. EPA specifically requests comment on whether EPA should facilitate the transferor permits and on ways for EPA to accomplish this without revealing confidential business information. , E. /Joe. trdki'ppitv.: EPA proposes to require persons to retain iloiaunenlHtinn of information concerning all transfers of permission to mine or import asbestos and the amount of asbestos mined or imported each year. The prripos.il would require these records to bo kepi tor 5 years after the end (ii the lai.t year of the phase-down period covered by the rule. Importers of s contained in products covered by this proposal would also have to keep records concerning their levels of mipo iation. KPA believes that these recordkeeping provisions would be essential lo enforcement of this proposed rut?. IX. Enforcement fb'i.lion 15 ofTEf'.A makes it unlawful to tail or refuse io comply with any provision of:; rule promulgated under section G ot TSCA. Therefore, any luihire to comply with this proposed rule when it becomes effective would be a violation of section 15 of TSCA. In addition, section 15 of TSCA makes it unlawful for any person to: (1) Fail or refuse to establish and maintain records as required by this role; (2| fail or refuse to permit access to or copying of records, as required by TSCA; or (3) fail or refuse to permit entry or inspection as required by section 11 of TSCA. Violators may be subject to both civil and criminal liability. Under the penalty provision of section 16 of TSCA, any person who violates section 15 could be subject to a civil penalty of up to 825,000 for each violation. Each day of operation in violation of this rule when it becomes effective could constitute a separate violation. Knowing or willful violations of this rule when it become:: effective could lead to the imposition of criminal penalties of up to $25 000 for each day of violation and imprisonment for up to 1 year. In addition, other remedies are available to EPA under sections 7 and 17 of TSCA, such us seeking art tnjuction lo restrain violations of this rule when it becomes effective and seizing any chemical substance or mixture manufactured or imported in violation of this rule when it becomes effective. Individuals, as well as corporations, could be subject to enforcement actions. Sections 15 and 16 of TSCA apply to ``any person" who violates various provisions of TSCA. EPA may, at its discretion, proceed against individuals as well as companies. In particular, EPA may proceed against individuals who report false information or cause it to be reported. X. Confidentiality A person may assert u claim of confidentiality for any information, including public comments, submitted to EPA in connection with this proposed rule or in connection with this rule after it is promulgated. Any person who submits a confidential public comment must also submit a noneonfidentiul version. Any chum of confidentiality must accompany the information when it is submitted to EPA Persons would claim information confidential by circling, bracketing, or underlining it arid marking it with `'CONFIDENTIAL" or some other appropriate designation. HPA will disclose rnforrustinn subject to a claim of confidentiality erlv to the extent permitted by seethm 14 of TSCA and 40 CKR Part 2. Subpart B. ff a person does not assert a claim of confidentiality for information at the time it is submitted to EPA, EPA may make die information public without further notice to (bat person. XI. Rulemaking Record EPA has established e record for this rulemaking (docket control number OPTS--62040). A public version of the record, without any confidential business information, is available in the Office of Toxic Substances Public Information Office, from fl a.m. to 4 p.m., Monday through Friday, except legal holidays. The Public Information Office is located in Rm. E-107, 401 M St., SW.. Washington, D.C. The record includes information considered by EPA in developing this proposed rule. EPA will supplement the record with additional information as it is received. The record now includes the following categories of information: (1) Federal Register notices, (2) support documents, (3) reports, and (4) memoranda and letters. EPA will identify the complete rulemaldng record by date of promulgation, EPA will accept additional material for inclusion in the record at any time between this notice and designation of the complete record. The final rule will also permit persons to point out any errors or omissions in the record. XU. References (1) USCPSC. Report to the U S. Consumer Product Safety Commission by the Chronic Hazard Advisory Panel on Asbestos. July 1983. 12) USEPA, OPTS, OTS. Exposure Assessment for Asbestos. Draft January 9, 1984. (3) USEPA, OPTS, OTS. Regulatory Impact Analysis of Controls on Asbestos ami Asbestos Products. January 1986. (4) USEPA, OPTS, OTS. Support Document for Final Rule on Friable Asbestos-Containing Materials in School Buildings--Health Effects and Magnitude of Exposure. January. 1982. (5) National Research Council. "Asbestos" hr "Drinking W ater and Health." Voi. J National Academy Hess. Washington. DC 11982|: 223-283. |R) National Research Council. "Nunoccupational Health Risks of Asbestiform Fibers." National Academy Press. Washingtonf D.C. (1984). ! '! NIOSH-OSHA Asbestos Work Group. Workplace Exposure to Asbestos: "Review ami Recommendations" DHHS (NIGSH] Publication No. 81-103. U S. Government Printing Office, Washington, D.C. 20402. (1980). (8) OSHA. "Quantitative Risk Analysis foi Asbestos-Related Cancers: A Preliminary Repot l." (1083). pit Beliitrnn, H. Sciikoff, i.J. Hammond, E.C, "Short-Term Asbestos Work Exposure mu! I .one,-Term Observation." Aunuk of the Ahnv York Academy of Science, 330(1979): 01-89. (10) Sehkoff I.J., Anderson. B.A.. Seidmen, 11. "Asbestos Disease Among Household Contacts of Asbestos Workers" In: "Utsubility Compensation for AsbeslosAssoeiated Disease in the .U.S.," edited by 1.). Selikoff. environmental Sciences Laboratory. Mount Sir.ai School of Medicine of the City University of New York. (1982): 73-76. FMSI 16852 Federal Register / Vol. 51, No. 19 / Wednesday, January 29, 1966 / Proposed Rules 3757 (11) Sclikoff. I.|,, Hammond. E.C.. Seidman H.. "Mortality Experience of Insulation Workers in the U.S. and Canada, 1943-1976." A finals of the New York Academy ofScience, 330 (1979): 91-116. (12) USDOL, OSHA. "Occupational Exposure to Asbestos: Emergency Temporary Standard." (November 4,1963:48 FR 51086). (13) USDOL, OSHA. "Occupations) Exposure to Asbestos: Proposed Rule and Notice of Hearing" (April 10.1984:49 FR 14116). (14) USEPA, OPTS. OTS. Asbestos Substitutes and Related Materials. April 24. 1985. XIII. Regulatory Assessment Requirements A. Executive Order 12201 Under Executive Order 12291, EPA has determined that this proposed ruie is a "Major Ruie" and has developed an R1A. The R1A estimates that this proposed rule would cost about $1.96 billion over 15 years. However, the R1A also estimated that this proposed rule, if promulgated, would avoid approximately 1,930 cases of cancer. As shown in Unit V above, EPA believes that these costs are reasonable and that this proposed action is a cost-effective way of reducing the unreasonable risks related to asbestos. This proposed rule was submitted to the Office of Management and Dudget (OMB) for review as required by Executive Order 12291. B. Regulatory Flexibility Act EPA has analyzed the economic impact of this proposed rule on small businesses. A summary of EPA's analysis appears in Unit III. C. Paperwork Reduction Act The reporting and recordkeeping provisions in this proposed rule will be submitted to the Office of Management and Budget (OMB) for approval under the Paperwork Reduction Act. Comments on these requirements should be submitted to the Office of Information and Regulatory Affairs at OMB and marked Attention: Desk Officer for EPA. Any final rule will explain EPA's response to OMB and public comments on the proposed reporting and recordkeeping requirements. List of Subjects in 40 CFR Part 793 Environmental protection, Hazardous substances. Recordkeeping and reporting requirements, Asbestos. Dated: January 22.1986. Lee M. Thomas, Administrator. PART 763--1 Amended] Therefore, it is proposed thal 40 CFR Part 763 be amended as follows: 1. The authority citation for Part 763 is revised to read as follows: Authority: 15 U.S.C. 2605 and 2807(c). 2. By adding new Subpart H to read as follows: Subpart H--Asbestos Mining and import Restrictions Sec. 783.140 Scope. 763.143 Definitions. 763.145 Mining and import restrictions. 763.147 Permits to mine or import asbestos. 763.148 Issuance of permits. 763.149 Appeals concerning permils. 763.150 Transfer of permits. 763.151 Banking of permits. 763.153 Recordkeeping: 763.164 Reporting. 763.156 Enforcement. 763.157 Inspections. 763.158 Confidentiality and public access to information. Subpart H--Asbestos Mining and Import Restrictions 763.140 Scope. This Subpart prohibits the mining or importation of asbestos, including asbestos in certain asbestos products, unless authorized by a permit issued by EPA. $763,143 Definitions. The definitions in section 3 of TSCA. 15 U.S.C. 2602, apply to this Subpart, in addition, the following definitions apply: (a) The terms "act." "article." "byproduct." "customs territory of the United States." "EPA," "importer," "manufacturer," "persons," and "United States" have the sapie meanings as in i 720,3 of this chapter. (b) "Asbestos" means the asbestiform varieties of: chrysotile (serpentine); crocidolite (riebeckite); amosite, (cummingtonite-grunerite): tremolite; anthophvllite, and actinolite that are mined or milled. (c) "Asbestos product" means any mixture or article containing asbestos. (d) "Consumer" means a natural person who uses a product for personal rather than business purposes. fe) "Import" means to bring into customs territory of the United States for any purpose except (1) for shipment through the customs territory of the United States for export without any domestic use or processing: or (2) entering the customs territory of the United States as part of a product during normal persona! or business activities involving use of the product. (f) "Milled" means the separation of asbestos fibers from asbestos ore, the grading and sorting of asbestos fibers, or the fihertzing of asbestos ore. (g) "Mine" means to produce asbestos other than as an unintended contaminant or impurity by extracting asbestos-containing ore so that the ore may be (1) distributed in commerce or (2) milled for distribution in commerce. (h) "Miner" means a person who mines asbestos. 763.145 Mining and import restriction*. (a) Beginning the first day of the calendar year after this rule becomes effective, or if this rule becomes effective during the last 4 months of a calendar year, beginning the first day of the second calendar year after this rule becomes effective, no person other than a person authorized by a permit issued by EPA as provided in this part may: (1) Mine asbestos in the United States or (2) import asbestos, including asbestos in an asbestos product listed in this section, except in small quantities solely for personal consumer use. into the customs territory of the United States. (b) The following asbestos products may not be imported into the customs territory of the United States except in small quantities by a consumer solely for his or her personal use unless authorized by a permit issued by EPA as provided in this Subpart: (1) Appliances. (2) Pipeline wrap. (3) Thread, yam, lap, roving, cord, rope, or wick. (4) Sheet gasketing, rubber encapsulated compressed. (5) Disc brake pads (light-medium vehicles). ' (6) Cloth, other than asbestos clothing. (7) Brake blocks. |8) Millboard. (9) Packing. (10) Mixed or repackaged asbestos fiber. (11) Thermopiugs. (12) Tape. (13) Roof coatings. (14) Clutch facings. (15) Automotive gasket kit. (18) Drum brake linings. (17) Yarn. (18) Automobiles and other motor vehicles. 763.147 Permits to mine or import asbestoe. (a) Persons may mine in the United States or import into the customs FMS116853 3758 Federal Register / Voi- 51, No. 19 / Wednesday, january 29, 1988 / Proposed Rules --a--MMinT<iiiiiaMi ii mini.......... territory of the United States only tins quantity of asbestos for which'they hold permits issued under this Subpart. (h) The amount of asbestos contained in imported product listed in 783.145 will count toward the total amount of asbestos a parson may mine or import during a year. !<.) Persona must estimate typical asbestos content of imported asbestos products covered by this rule. Persons may use EPA's estimate of typical asbestos content if they are not certain of the typical asbestos content, of a product. S 763.148 Issuance of permits. (a) (!) EPA will issue permits for the mining or import of asbestos, including asbestos contained in the asbestos products listed in 783.145. (2] Applications for permits must. be. sent to the Office of Toxic Substances rrS-792), EPA. 401 M St., RW,, Washington, 11.0. 20460. (b) (1) Persons must apply to EPA for permits by 30 days after the effective date of this rule |2! Persons most list in their application for permits the amount of asbestos, including asbestos contained in the asbestos products listed in it 783.145, that they imported or mined during 11)81, 1982, and 1983. (n) II an application is mailed to EPA. die application must tie postmarked by 30 days after the effecUve bate of this ride. (dt KPA will afloe&ie to uersoon vrbo apply for permits n uniform percentage of tin amount oi asbestos those persons 1 eporto.] mining or imparting during plat. V.i82, and 1983. fcj i.jch permit will allow a person to mine oi import the following poreennigec of the average amount of asbestos in; or site mined or imported year!}.' during 1981, 1982, and 1983. Year 1 -;tl) peveem. Year 2--27 percent. Yeris ;i at percent. Vein 4....21 percent 1 ear a-- tit cmei-ivi. -c+y 0~15 percent Year ? 1,2 percent Year it- 9 percum. \ rcr 9- a; percent Year 10--3 t.Ci'C.erc 5 763.149 Appeals concerning permits. (a | A person may appeal ERA'S initial disposition of his or her application lor a porinil. |b| Tile person must appeal in writing In itie Director oi ibc Office of Toxic Substances (TS-792). EPA, 401 M St., SW.. Washington, DC 20480, within 2ti days after receipt of EPA's announcement of the disposition of iiis oi her application. If the appeal is mailed, the letter must ho postmarked within 20 days after receipt of ERA'S announcement of disposition. (c) A person must indicate in an appeal why he or she should receive a permit or be allowed to mine or import additional asbestos under the permit. (d) The Director of the EPA Office of Toxic Substances will either grant or deny the appeal within 60 days after its receipt. The disposition of the appeal will be announced by letter to the poison making the appeal. $ 763. t SO Transfer of permits.. fa) A person issued a permit by EPA to mine or import a quantity of asbestos may transfer that permit in whole or in pas t to another person. (h) A person who transfers a permit to mine or import a quantity of asbestoR and a person who receives such a transferred permit must report that transfer to the Office of Toxic Substances (TS-792). EPA, 401 M St, 8W.. Washington, DC 20460. within 10 days of the transfer. (c) The parties involved in a transfer may report either jointly or separately. (d) IT a report is mailed to EPA, the report must be postmarked within 10 days of !!'.( transfer $ 763.151 Fsanteng of permits. fn) Persons issued permits by EPA to mine or import a quantity of asbestos during (irm particular year may reserve or "bank" nil or pur! of the permitted amount and use it to mine or import asbestos during a later year during the Jit-year phase-down period. lb) The airment of asbestos ihul a person is permitted to mine or import wilt decline from yeai to year when it is reserved or "banked" at a rate of 10 percent per year- (ii! A person who "banks" a permit in whole or in part must report that "hunk big" to the. Office of Tuvin Substances <TS-792). EPA, 401 M Si. SW,, Washington, DC 204(50, within 80 day.' oi the end of ih,> year for which the permit w ;s issued. (d| if a repo'f is mailed in EPA, the rep;.)!'! urns* lie postmarked within ) day - of the end oi' the year for which the "banked" permit was issued 763.153 Recordkeeping. (a) Any person who mines ut imports asbe.Mos or any asbestos product listed in 5 763.145 must retain in one location documentation of information showing: tit T he name oi any person to whom he or she transferred permission to mine nr impoi l asbestos. 12) The name of any person from whom he or she received permission to mine or import asbestos. (3) The amount of asbestos mined or imported each year, including asbestos imported in any asbestos product listed in | 763.145. ' (4) The typical asbestos content of any asbestos product listed in 763,145. (5) The number of individual asbestos products fisted in 763.145 imported each year. lb) This information must be retained for 5 years from the end of ihe last year of the 10-year phase-down period covered by this rule. S 763.154 Reporting. (a) Any person who imports asbestos, including asbestos in an asbestos product listed in 763.145, must report to the Office of Toxic Substances (TS792), EPA. 401 M. St. SW., Washington, DC 20160, within 2 days of the day of import indicating: (1) The person's name. (2) The amount of asbestos imported. (3) The number of individual asbestos products listed in 783.145 imported. (4) A certification that the person was either issued a permit by EPA to import at least that amount of asbestos lhat year or obtained that permission from another person as provided in 763.148i (b( Within 60 days of the end of each year covered by this Subpart, each person who mines or imports asbestos including asbestos in an asbestos product listed iu $703,145 must report to the Office of Toxic Substances (TS-792), F.PA, 401 M. Si., SW., Washington, DC 20460: |1) The total amount of bulk asbestos that person mined or imported that yen* (2) The total amount of asbestos that person imported in asbestos products listed in 763.145 that year, (3) The ourobei of individual asbestos products listed in $763,145 that person imported that year. (4) The amount of asbestos that person had permission to mine or import that year (c) if a report is mailed to KPA. the report mus hr- postmarked within 60 days of the end of each year covered by this Sul ip.itt. 763 156 Enforcement. Failure to comply writ!: any provision ot ibis Snbpart is a violation of gentian 15 of the Act (15 U.S.C. 2614). (it) Failure or refusal to establish and maintain records or to permit access to or copying of records, as required by the Ai t, is a violation of section 15 of the Act (15 U.S.C. 2014). (<;) i-Vti'iiie or refusal to permit entry or inspection as required by section 11 of the Act (15 D S C. 2610) is a violation of section 15 of the Act (15 U.S.C. 2614). FMSI 16854 Federal Register / Voi. 51, No. 19 / Wednesday, January 29. 1980 / Proposed Rules 3759 (ci) Violators may be subject to the civil and criminal penalties m section Hi of the Act (15 U.S.C. 2615) for each violation. (e) EPA may seek to enjoin the mining or import of asbestos or asbestos products in violation of this Subpart, or act to seize any asbestos or asbestos products in violation of this Subpart, or take other actions under the authority of section 7 or 17 of the Act (15 IJ.S.C. 2606 or 2616). 763.1S7 Inspections*. EPA will conduct inspections under section 11 of the Act (15 U.S.C. 2610) to ensure compliance with this Subpart and to verify that information submitted to EPA under this Subpart is correct. 763.159 Confidentiality and public access to Information. (a) A person may assert a claim of confidentiality for any information he or she submits to EPA under this Subpart. (b) Any claim of confidentialily must accompany the information when it is submitted to EPA. (c) EPA will disclose information subject to a claim of confidentiality asserted under this section oniy to the extent permitted by TSGA end Part 2 of this title. (d) If a person does not assert a claim of confidentiality for information at the time il is submitted to EPA, EPA may make the information public without further notice to that person. 3. By adding new Subpart I to read as follows: Subpart 1--'Prohibition of the Manufacture, Processing, and Distribution in Commerce of Certain Asbestos-Containing Products Sec. 703.160 703.163 763.165 763.167 703.163 Scope. Definitions. Mar.ufnciure--prohibitions. Processing--proiiibi lions Enforcement Subpart!--Prohibition of the Manufacture, Processing, and Distribution in Commerce of Certain Asbestos-Containing Products 763.160 Scope. This Subparl prohibits the manufacture, importation and processing, of the following categories of asbestos-containing products: asbestoscontaining roofing fell, asbestoscontaining flooring felt (including vinyl sheet flooring backed with flooring felt j. vinyl-asbestos floor tile and asbestoscement pipe and fittings and asbestos clothing. 763.183 Definitions. The definitions in section 3 of the Toxic Substances Control Act and the following definitions apply to this subpart. (aj "Asbestos" means the asbestiform varieties of: chrysotile (serpentine): crocidolite (riebeckite); amosite (cummingtonite-gnmerite); tremolite; anthophyllite, and actinolite. (bj "Asbestos-cement pipe and fittings" means an asbestos-containing product that contains cement and is intended to transmit water or sewage: for use as conduit pipe for the protection of electrical or telephone cable; or for use as air ducts. fn) "Asbestos clothing'' means an asbestos-containing product made of cloth and designed to be worn by individuals. (d) "Asbestos-containing product" means any material which contains more than 1.0 percent asbestos by weight. (e) "Flooring felt" means an asbestosconiaining product made of paper fell and intended as an underlaymeni for floor coverings, or to be bonded to the underside of vinyl sheet flooring. (!) "Roofing fell'' means an asbestoscontaining product made of paper fell nriu intended for use on building roofs 3S a covering or underlayment ior other roof coverings. (g) "Vinyl-asbestos floor tile" means an asbestos-containing product composed of vinyl resins, containing fillers, stabilizers and pigments and used as floor tile, 763.165 Manufacture--prohibitions. Beginning the first day of the calendar year after this rule becomes effective, or if this rule becomes effective during the lust 4 months of a calendar year, beginning the firsi day of the second calendar year after this rule becomes effective, no person shall manufacture or import the Following asbestoscontaining products either far use in the United States or for export: Hsbestoscontaming roofing felt, asbestoscontaining flooring felt (including vinyl sheet flooring backed with flooring felt), vinyl-asbestos floor tile, asbestoscement pipe and fittings, and asbestos clothing. 763.167 Processing--prohibitions. Beginning the first day of the calendar year after this rule becomes effective, or if this rule becomes effective during the lust 4 months of a calendar year, beginning the first day of the second calendar year after this rule becomes effective, no person shall process the following products, either for use in the United States or for export: asbestoscontaining roofing felt, asbestoscontaining flooring felt (including vinyl sheet flooring backed with flooring felt), vinyl-asbestos floor tile, asbestoscement pipe and fittings, and asbestos clothing. 763.169 Enforcement. fej Failure to comply with any provision of this Subpart is a violation of section 15 of the Act (15 U.S.C. 2614). lb) Failure or refusal to establish and maintain records or to permit access to or copying of records, as required by the Act, is a violation of section 15 of the Act (15 U.S.C. 2614). (c) Failure or refusal to permit entry or inspection as required by section 11 of the Act (15 U.S.C. 2610) is a violation of section 15 of the Act (15 U.S.C. 2614). (d) Violators may be subject to the civil and criminal penalties in section 16 of the Act (15 U.S.C. 2615) for each violation. (e) EPA may seek to enjoin the manufacture or import of asbestos products in violation of this Subpart, or act to seize any asbestos products in violation of this Subpart, or take other actions under the authority of section 7 or 17 of the Act (15 U.S.C. 2606 or 2616). |FR Doc, 86-1861 Filed 1-28-86; 8:45 amj - BILLING CODE 5S0-SfHK FMS116855 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 844 February 4, 1986 ORDERS FOR THE 1986 AUTOMOTIVE DATA BOOK The contract for printing the 1986 Automotive Data Book has been awarded to: Tweddle Litho Company 24000 Harper Avenue St. Clair Shores, MI 48080 This Catalog will contain data that appeared in the 1984 Automotive Data Book plus data gathered since that time. Data will go back to 1973. If you want Catalogs, this is the time to order. We have not had extra copies of the Catalog after the printings in the last four years. Further, as this Catalog will come back from the printer sooner than in past years because of the com puterized copy in 1984, we plead with you to please get your orders in as soon as possible. The 1984 Automotive Data Book is available to Active Members, Regional Members and Licensees. We expect this Catalog to run 192 pages plus cover, and estimate that 70,000 copies will be sold. Based on these projections, the tentative price for the Catalog is: $964.00 per Thousand - Basic Catalog $20.00 per Thousand - 5 hole punch If there is a change in the price per thousand due to a change in number of pages, or a change in the quantity ordered, or for author alterations, you will be notified. This 1986 Automotive Data Book will have a green cover as with the 1984 Book. Where Members wish to order without cover, they should be explicit in stating "No cover, no punch, no stitch, no trim." All covered Catalogs will be sent with 5 hole punching unless the order specifically states no punching. Please forward all orders to the Institute Office. Do not send them to the printer. (British Council and FMSI Canada members send to your respective associations). This is our only means of checking the total quantities ordered and the price charged, as well as whether only Members are ordering. The orders should be made out to Tweddle Litho Company, and should state punch ing and shipping instructions. If applicable, please advise any special con ditions for shipping through your customs. Please forward your orders so that they reach the Institute Office no later than March 14, 1986. EWD/dr Distribution: Delegates & Alternates Active Members - List C Regional Members Licensees E. W. Drislane Executive Director FMSI 16856 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 8 4 3 January 16, 1986 CHANGE IN FMSI NUMBERING SYSTEM FOR HEAVY DUTY DISC BRAKE LININGS Based on instructions from the Board of Directors, the Data Book & Technical Committee was asked to set aside a Series of FMSI Numbers that would dis tinguish "heavy duty" disc brake linings from other disc brake linings. After considerable discussion and some disagreement, the Institute is assign ing all future heavy duty disc brake linings to the 7800 and 7900 block of numbers. The first assignments will start in the 7800 Series. The general parameter for assigning the Number in the 7800 Series will be that the brake be for a truck or other equipment rated at 10,000 pounds or over. The 10,000 pound cut-off will not be absolute, and for questionable assignments, the Data Book & Technical Committee will decide. There were eleven earlier FMSI assignments that were made which under these new guidelines would have been placed in the 7800 Series. These are indica tive of the disc brake linings that are considered "heavy duty." For these eleven numbers, the first 11 assignments in the 7800 Series will be blocked for those who wish to use the 7300 Series exclusively. For those wishing to stay with the Numbers assigned earlier, those numbers continue as valid assignments. Those eleven numbers are: Application Goodrich Off-Highway Kelsey-Hayes Truck, Off-Highway Kelsey-Hayes Truck Goodrich Off-Highway Kelsey-Hayes Truck Bendix - IHC Truck Chev/GMC 60,70; Ford 600,700 Dayton Walther - Chev/GMC 60,70 Dayton Walther - Ford 600,700,800 Rockwell - Heavy Truck Rockwell - Heavy Truck ASSIGNED FMSI NO. 7030-D95 7041-D105 7085-D155 7095-D168 7098-D171 7108-D184 7141-D224 7142-D225 7149-D236 7172-D267 7173-D268 OPTIONAL RESERVED FMSI NO. 7801-D95 7802-D105 7803-D155 7804-D168 7805-D171 7806-D184 7807-D224 7808-D225 7809-D236 7810-D267 7811-D268 The first new heavy duty disc brake lining assignment will be FMSI 7812, which will appear in a forthcoming DATA BOOK BULLETIN. The foregoing is sent as a matter of information. E. W. Drislane Executive Director Distribution: Delegates and Alternates Data Book Committee Regional Members FMS116857 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 842 January 7, 1986 HISTORICAL SALES PROGRAM The historical sales program continues on a quarterly basis. Regional Members using the Institute's copyrights and trademarks for marketing their products in the United States may participate if they wish. The Institute is requesting details of pieces sold for the full calendar year 1985. The quantities to be reported are cumulative for the full twelve months. Reporting rules remain unchanged. 1. Quantities will be reported in pieces (not units or sets). For roll linings, each foot of length will be one piece.. 2. The Accountants will report the names of the Members from whom reports are received. 3. Total pieces in each group will be reported. " . 4. "dutch Facings" does not include gear tooth discs, automatic trans mission discs, or the 8-14" diameter (3/16 to 1/2" thick) asbestos composition discs. The Accountants' report will have the same format as that used for the last several reports. The Accountants will list the names of the Members reporting in each product line. The input to the Accountants will be confidential. Totals for each group will be shown and one cannot determine quantities reported by individual Members. You will be receiving from Marshall Granger-& Company, CPA, a form for completing this information. Please return it to: Marshall Granger & Company, CPA 1600 Harrison Avenue Mamaroneck, NY 10543 If you will report, please have your figures in by February 15, 1986. If you do not wish to report these figures, no reply is necessary. Only those reporting figures will receive the Industry totals when the data is summarized. A sample form and definitions are attached. E. W. Drislane Executive Director Distribution: Historical Sales List. FMS116858 EXHIBIT A" STATISTICAL PROGRAM OF TIE FRICTIOLl MATERIALS STANDARDS INSTITUTE, ILIC. Hail to: Marshall Granger & Co., CPA 1600 Harrison Avenue tlamaroneck, NY 10543 * * * *Js A' A * * * ft ft it x A * A it it :*c ft A * See Instructions for sales to other members. Pieces sold to United States distributors, jobbers, private brands, rebuilders, brake specialists, fleets, mass merchandisers, direct consumers, government agencies, or other customers for use in the United States replacement market: DEC/^.MQirJIlS JANUARY 1, to__________ 31 brake linings less than 3/4" nominal thickness (See explanation for roll linings). _______________________________ Brake blocks, nominal thickness of 3/4t: and over Disc Brake Linings Clutch Facings A :noy \.J & \ IV i USE REPORTING POIWi TO^ 3t SEfCf BY ACOdbfliAi'iiS Total Pieces STATISTICS SUPPLIED BY _____________________________________ Sigv*> nature Coapany Telephone Humber FMSI 16859 EXHIBIT "B" DEFINITION FOR HISTORICAL SALES PIECES The reports will show pieces of friction material, in groups as shown: Group Description Normal Usage Brake Lining Friction materials less than a nominal 3/4" thickness (See note on roll lining) Normally, one piece to a shoe Brake Blocks Disc Brake Linings Friction materials with a nominal thickness of 3/4" and over Friction materials sold (for disc brakes) to be attached to the shoe, or sold as a unit molded, bonded or riveted to the shoe Normally, two pieces to a shoe Normally, one piece to a shoe Clutch Facing Friction materials of annular shape, or segments thereof (See note on clutch buttons) Normally, two annular pieces per clutch plate Note: For roll lining only, consider each foot of length equals one piece. Consider four clutch buttons as one facing. REPLACEMENT SALES TO UNITED STATES MARKET This reporting is for sales to the United States replacement market only. Do not include sales to other markets. This includes sales under the friction material manufacturer's own name or brand name used by the customer, to automotive ware house distributors, jobbers, rebuilders, brake specialists, fleets, mass merchan disers, direct consumers, government agencies or other customers for use in the United States replacement market. When a friction materials manufacturer is shipping to a vehicle manufacturer, brake manufacturer, or clutch manufacturer, but has no reasonable way of determining if the pieces are for original equipment replacement purposes, estimates will not be used - these pieces will not be reported. However, where a friction material manufacturer is shipping to a point known to be used for replacement, or where he stencils or otherwise identifies the pieces as being for replacement purposes, or where the shipments otherwise are obviously known to be for replacement, these pieces will be reported. The member who sells to the type customer or user indicated above will report those pieces sold, even if purchased from another Active Member ot Regional Member. When you sell your friction materials to another Member (Active or Regional) do not report those sales. Materials sold to Licensee Members of the Institute for the replacement market should be included. FMS116860 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 841 January 7, 1986 OSHA HAZARD COMMUNICATION TRAINING REQUIREMENTS On October 15, 1985, the Institute distributed BULLETIN NO. 838 advising the Membership on OSHA's final rules on hazard communications. Under the "Purpose" section of the Regulations, communication would be accom plished by programs which would include labeling and other forms of warning, material safety data sheets and employee training. We recently received a mailing from a group sponsored by the Center for Energy and Environmental Management (CEEM) concerning a Seminar on the Training Re quirements. A copy of the CEEM Notice is enclosed. This provides for one-day Seminars to be held in four cities: Houston, Atlanta, Boston and Chicago. These Seminars address the Hazard Communi cation Training Requirements. The Institute is in no way affiliated with the CEEM Organization, and does not vouch for the quality of this Seminar. We are simply informing those who may be interested that there is such a Seminar available. This Seminar is not limited to asbestos or other products of concern to the friction materials industry. It is a compre hensive Seminar on the OSHA Training Requirements. If there are any questions, please contact the sponsoring group, whose phone number appears on the Registration Form. E. W. Drislane Executive Director Distribution: Delegates and Alternates Active Members - List B H.E.A. Committee Regional Members (U.S. Dues) FMS116861 OSHA HAZARD COMMUNICATION TRAINING REQUIREMENTS Seminar Outline rtrotfuction >SHA Requirements What your company must do to comply with the Rule Outline of specific training requirements naiysis of Site Characteristics Performing a workplace audit Looking at operational requirements Assessing employee exposure Review of labels and MSDS's Analysis of current training programs `tanning the Compliance Program Meeting specific regulatory requirements Determining company training needs (who, what, where, when, how) Scheduiing to meet the May 25th deadline Development of the Training Program Setting training objectives Assessing the group to be trained Developing program content Preparing lesson plans and support materials Program evaluation Instructor Training Identifying qualified instructors Instruction techniques Rehearsals and critiques Designing Your Company's Program Work sessions in which you build the actual train ing program for your company Individual assistance from seminar leaders Your Hazard Communication Action Plan Action to take on returning to your company Establishing priorities and time sequences The Seminar OSHA has decreed that by May 25, 1986, every company within the Standard Industrial Classifica tion Codes (SIC) 20-39 must have established a hazard communication training program. That time is almost here in this intensive, one-dby seminar you will learn how to develop am employee right-to-know training program which will meet the new OSHA require ments. Experienced experts will clearly define the regulations and take you step-by-step through the task of setting up an effective training program. In a series of discussions and practical exercises, you will learn how to analyze the workplace characteris tics. determine the training requirements, and design a training program which meets the specific needs of your company. A carefully designed packet of materials will pro vide a hazard communication training program de signed for a typical company which, when adapted to your specific needs, will teach your employees what they need to know about reading labels and MSDS's, recognizing hazardous substances, and understanding emergency procedures. By the end of the day, you will have developed a blueprint for action, a training plan that you can put to immediate use in your company. FMSI 16862 At This Intensive, One- Day Seminar You Will: Learn exactly what you must do to comply with the new OSHA right-to-know training requirements. Design a training program which will meet the OSHA re quirements for your company. With the help of nationallyrecognized experts, you will plan a workplace audit and . develop a comprehensive train ing program. Work with printed materials which will form a blueprint for your training program. When you finish the course, you will have an action plan that you can take back to your plant and put to immediate use Develop training modules that will teach your employees how to read labels and MSDS's, how to recognize and properly handle workplace chemicals, and what to do when accidents occur. Hear what other companies are doing to meet the OSHA re quirements. Experts who have implemented a right-to-know program in their own company share with you their successes, problems, and lessons learned. Assess the latest, most effec tive audio-visual materials presently available to support and enhance your training. Some of these materials wili be available at the training site for your review. Seminar Leaders ' Dr. Alfred A. Capuano is supervisor of Safety Resouri Development for ICI Americas, Incorporated, a multidh sional chemical and pharmaceutical firm. He is respont ble for assessing the needs and developing education ai safety programs, monitoring accident statistics, and trai ing management. He has produced several training vid< tapes in the safety and health area and was co-author a hazard communication training and labeling system. 1 is active in the National Safety Council, where he is Cha man of several task groups, and has been a speaker > hazard communication training at seminars all ovei t: country. Dr. Capuano holds an MS from Kent State University a; a PhD from Brigham Young University. John P. Kolcun is the Manager of Industrial Hygie at ICI Americas, Incorporated. As director of all prograr related to safety and health, he assesses risk potential f products and processes, trains industrial hygiene si cialists, develops computerized health surveillan systems, and develops material safety data shee (MSDS's) for raw materials, intermediate, and finish' products. Mr. Kolcun received a BS in Chemistry from Duques: University and has completed NIOSH safety and he&l courses in Ergonomics, Industrial Hygiene Engineer! r Toxicology and Heat Stress. He teaches courses in ; dustrial hygiene and safety at Delaware Tfechnicai a Community College. Hotel Accommodations Hotel accommodations may be reserved by calling the hotel directly an>~ mentioning the name of the meeting. The hotel will hold a block of room until two weeks before the meeting date. The Sheraton Crown Hotel 15700 Drummet Boulevard Houston, ltexas 77032 713-442-5100 The Atlanta Hilton and Tbwers 255 Courtland Street Atlanta. Georgia 30043 404-659-2000 The Boston Marriott Newton 2345 Commonwealth Avenue Newton, Massachusetts 02166 617-969-1000 Seminar Hours The Sheraton International at O'Hair 6810 North Mannheim Road Rosctnont, Illinois 60018 312-297-1234 Registration Pee The Seminar is given from 8:30 AM to 3:45 PM with one hour for lunch, a morning coffee break and afternoon refreshments. The registration fee is 8395 per person. Registration Form Registration Fee: 3385 code a b Yes. I will attend the seminar on '`The Rew OSHA Hazard Communication Training Requirement*" at one of the following cities: I I Feb 10. 1986/Houstcm I Feb. 18, 1986/Atlanta |..j Feb 24. 1986fBoslon i Mar. 3. t9B6/Chicago TWo Ways Tb Register Fast K Complete and mail the Registration Form to: CEEM. Box 200. Fairfax Station. VA 22039 or B Call the Conference Hotline 703-250-5900 Name . . _____ ___ ____________________________________________________________ __ Title ____ ____ ______ ..................................................... __ ___ Phone) )______ _____ _________ Company ........................................................ ..... ____ ___ _____ _.__ ...___ Address ._ ........... _________ .________ __ ___ ______ _________ _____ City .... ___ ........_______________ State_______ ______ _____Zip___________________ Registrant's Signature ____ _____ ____ __________ ________ ___________________ _______ ____ ___ _____ Check appropriate box: f. Payment Enclosed Check Payable to CEEf T: Bill Me Directly P Bill Company (Payment Due Prior to Conference) Cancellation PoSicy: All cancellations MUST be received in writing. Those postmarked less than one week prior to the event will be subject to a service charge of $100. Registrants who fail to attend and do not cancel prior to the event are liable for the entire registration fee. You may send a substitute FMSI 16863 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 8 4 0 November 20, 1985 PRODUCT LIABILITY INSURANCE Over recent weeks, some Members have called asking on the status of the Insti tute's study on product liability insurance coverage, and participation in possible organization of a Captive Insurance Company. Relevant Bulletins were: BULLETIN NO. 832 BULLETIN NO. 832A - July 16, 1985 August 6, 1985 Those interested were asked to complete a questionnaire and return it to Kamp Associates, Insurance Consultants. Mr. Jack Carney, of Friction Division Pro ducts, has worked with Kamp Associates on this survey and the attempt to secure participation by a Reinsurer. The purpose of the July questionnaire was to secure loss information to indicate the extent of Member problems in approach ing the reinsurance market. Mr. Carney returned earlier this month from England where he had personal con tact with representatives of Reinsurance Companies, who were asked to consider writing reinsurance, with the asbestos exclusion. These reinsurers were advised on the loss experience incurred by those who participated in the survey. The reinsurers would like to verify the actual loss experience. This reinsurer ex pressed interest in writing liability insurance (with the asbestos exclusion) if the loss experience could be verified. Mr. Carney indicated that personal contact with the reinsurers was necessary as the major reinsurers are skeptical on writing any product liability insurance in the North American market. The survey results indicated that there were not enough Institute Members inter ested in coverage to organize a captive insurer with friction materials product manufacturers as sole participants. There is a definite need to lay off part of the risk with reinsurers, and the British reinsurers, if convinced the loss experience is good, may be willing to assume this risk. Current activity centers on an independent firm verifying the loss experience for the reinsurer. Those who participated in the initial questionnaire last Summer, may be contacted to verify the loss experiences indicated. Participants are urged to cooperate in any such verification. Mr. Carney indicated that this study, with emphasis on reinsurance has been more difficult than originally anticipated. The problems were noted during the June Meeting in the reports from both Kamp Associates and Frank B. Hall. Over the past 18 months, the problems with any type of product liability insurance have become acute, and the feasibility of setting up a viable captive with the necessary FMS116864 2- reinsurance has become more difficult. Mr. Carney will continue to work on this problem. We plan to keep the Member ship advised on any progress. E. W. Drislane Executive Director Distribution: Delegates and Alternates Regional Members (Canada) FMS116865 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 839 November 5, 1985 MEMBERSHIP ACTIVITY This is to advise the Membership on applications that have been received for Membership in the Institute. FRICCIONES TECNICAS Y MAQUINADOS, S.A. In our BULLETIN NO. 835 of August 21, 1985, we advised that an application had been received from: Fricciones Tecnicas Y Maquinados, Calle Venustiano Carranza Manzana 6 Lote 93 Apdo. Postal 92-109 C. P. 08500 D. F. Mexico Mexico ' S.A. The Fricciones application was reviewed by the Membership Committee and the Board of Directors and was accepted. Fricciones Tecnicas became a Regional Member effective October 1, 1985. BLD PRODUCTS, LTD. The Institute recently received an application for Licensee Membership from: BLD Products, Ltd. 534 East 48th Street Holland, Michigan 49423 BLD Products manufactures hardware such as clips and wear sensors that are used on disc brake pads. They have been in this business since the late 1970's. BLD Products would be eligible for Licensee Membership as a manu facturer of materials for the attachment or assembly of brake shoes. Mr. David L. Dirkse is President of the applicant. The application has been forwarded to the Membership Committee, and if accepted will be balloted by the Board of Directors. If a Member has information on the qualifications of BLD Products to serve as a Licensee, please forward that information to the Institute Office. E. W. Drislane Executive Director cc: Delegates and Alternates FMS116866 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 838 October 15, 1985 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION HAZARD COMMUNICATION RULES'" The Federal Government through the Occupational Safety and Health Administration (OSHA) published its final rule on hazard communications on November 25, 1983. Essentially, this rule requires that manufacturers advise their employees on the hazards of chemicals with which they work. Included in "chemicals" are asbestoscontaining products. Further, the rules require that manufacturers and importers transmit information to "downstream employers" by means of labels and material safety data sheets so that they may advise their employees of the hazards. The standard requires that manufacturers and importers label containers of hazardous chemicals and provide material safety data sheets to customers. Recently, the Asbestos Information Association, NA (AIA) advised its Members on the Enforcement Guidelines that had been issued by OSHA to its inspectors. The inspectors will be determining the adequacy of a company's hazard communications program by certain specific examinations. This standard becomes effective for manufacturers and importers on November 25, 1985, and for all employers (which would include Members' customers) on May 25, 1986. The Standard, among other things, required employers to maintain written records documenting certain procedures. In order to understand the rules and the program specifics, we have enclosed the following: 1. FEDERAL REGISTER Notice of November 25, 1983 on the Final Rule for Hazard Communications. (This does not include certain explanatory and background data which appeared in the full Notice). 2. Summary "OSHA Hazard Communication Enforcement Guidelines Issued" as pre pared by the Asbestos Information Association. 3. Cover memorandum on the guide entitled "Workplace Hazard Communication Program for Asbestos." 4. Tabulation of OSHA Regional Office Addresses and Phone Numbers, as well as location and phone numbers for Area Offices. 5. U. S. Department of Labor "Material Safety Data Sheet." Where you have questions on the rules, you should contact your Regional or Area Office of OSHA. The foregoing is sent as a matter of information. E. W. Drislane Executive Director Distribution: Delegates and Alternates Active Members - List B H.E.A. Committee Regional Members (U.S.Dues) FMSI 16867 Friday November 25, 1983 Part IV Department of Labor Occupational Safety and Health Administration Hazard Communication; Final Rule Pages 53,281 to 53,340 of the FEDERAL REGISTER which served as notice of the Final Rule have been eliminated from this printing of the Hazard Commun ication Rule. These included: II Overview of the Final Standard III Regulatory Impact Analysis IV Summary and Explanation of Standard V Authority FMSI 16868 53289 Federal Register / Vo). 48, No. Z2R / Friday, November 25. 1983 / Rules and Regulations DEPARTMENT OF LABOR Occupational Safety and Health Administration 2# CFR Part 1910 Hazard Communication AGENCY: Occupational Safety and Health Adminisiation (OSHA), Labor. ACTiOM: Final rule. SUMMARY: OSHA is hereby promulgatimg a final occupational safety and health standard entitled "Hazard Communication" (29 CFR 191.0.1200). The standard requires chemical manufacturers and importers to assess the hazards of chemicals which they produce or import, and all employers having workplaces in the manufacturing division, Standard Industrial Classification (SIC) codes 20 through 39, to provide information to their employees concerning hazardous chemicals by means of hazard communication programs including labels, material safety data sheetB, training, and access to written records. In addition, distributors of hazardous chemicals are required io ensure that containers they distribute are properly labeled, and that a materia! safety data sheet is provided to their customers in the manufacturing division SIC Codes. Implementation of this final standard will reduce the incidence of chemicallyrelated occupational illnesses and injuries in employees of the manufacturing division. Increased availability of hazard information will assist employers in these industries to devise appropriate protective measures, and will give employees the information they need to take steps to protect themselves. The twenty-four states with their own OSHA-approved occupational safely and health plans must adopt a comparable standard within six months of this publication date. These states are: Alaska. Arizona, California, Connecticut (for state and local government employees only), Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota. Nevada, New Mexico, North Carolina. Oregon, Puerto Rico, South Carolina, Tennessee, Uiah, Vermont, Virginia, Virgin Islands, Washington, and Wyoming. Until such time as a state standard is promulgated. Federal OSHA will provide interim enforcement assistance, as appropriate, in these states. EFFECTIVE OATES: Chemical manufacturers arid importers are required to label containers they ship and provide required materia! safety data sheets by November 25. 1985. Distributors are required to be in compliance by November 25.1985. AH employers covered by the standard are to be in compliance by May 25,1986. FOR FURTHER INFORMATION CONTACT: Mr. James F. Foster, U.S. Department of Labor, Occupational Safety and Health Administration, Room N3B41, 200 Constitution Avenue, N.W., Washington, D.C. 20210; telephone (202) 523-8151. Copies of this document may be obtained from the Office of Public Affairs at this address and telephone number, or by contacting any OSHA regional or area Office. SUPPLEMENTARY INFORMATION: The recordkeeping requirements in the standard have been approved by the Office of Management and Budget under the Paperwork Reduction Act of 1980, Pub. L. 96-511. 44 U.S.C. 3501. et seq. The OMB approval number is 1218-0072. I. Introduction. A. The Format of This Document (the Preamble) The preamble accompanying this final standard is divided into five parts, numbered I through V. The following is a table of contents: t. Introduction. A. Format oi the document. B. History of the proceedings. If. Overview of the Final Standard and Summary of Major Issues. A. Overview and purpose of the final standard. :: Need and support for the standard. C. Issues raised by provisions of the proposed standard. D. Legal authority and related issues. III. Regulatory Analysis. A. Regulatory impact analysis: economic factors. B. Regulatory flexibility analysis. C. Environmental impact analysis. IV. Summary and Explanation of the Final Standard. V. Authority. Signature and the Standard. Part n provides a detailed analysis of public input on the proposed standard and related issues. Part IV is a provision-by-provision discussion of the final standard, including a brief summary of each requirement and the rationale supporting it. References to the rulemaking record are in the text of the preamble, and the following abbreviations have been used: 1. Ex.: Exhibit number in Docket H022. 2. Trc Transcript page number. B. History of the Proceedings 1. The development of the proposal. OSHA's involvement in the issue of identification and communication of hazards in the workplace began nine years ago. In 1974, the Standards Advisory Committee on Hazardous Materials Labeling was established under Section 7(b) of the OSH Act to develop guidelines for the implementation of Section 8(b)(7) oi Ihe Act with respect to hazardous materials (Ex. 16-1). On June 0, 1975, the Committee submitted its final report which identified issues and recommended guidelines for categorizing and ranking chemical hazards (Ex. 10-2). Labels, material safety data sheets, and training programs were alBO recommended. The National Institute for Occupational Safety and Health (NIOSH) published a criteria document in 1974 which recommended a standard to OSHA (Ex. 10-3). The document, entitle.: "A Recommended Standard * * * An Identification System for Occupationally Hazardous Materials," included provisions for labels and material safety data sheets. On January 28,1977,' OSHA published an advance notice of proposed rulemaking an chemical labeling in Ihe Federal Register (42 FR 5372). The notice requested comments from the public regarding the need for a standard that would require employers to label hazardous materials. Information was also requested regarding the provisions to be included in such a standard to assure that employees are apprised of the hazards to which they are exposed. A total of eighty-one comments were received from a variety oF federal, state, and local government agencies, trade associations, businesses, and labor organizations (Ex. 2B). In general, there was support for the concept of < hazard communication standard. On January 16,1981, OSHA published a notice of proposed rulemaking (NPRM) entitled "Hazards Identification" (46 FR 4412). The FvPRM would have required employers to assess the hazards in their workplaces using specified determination procedures. Labels including extensive information about these hazards would have been required on all containers within the workplace (including pipes), as well as on ' containers leaving the workplace. OSHA withdrew the NPRM on February 12,1981 for further consideration of regulatory alternatives (49 FR 12214). 2. The proposal. On March 19,1982, OSHA published the NPRM that was the subject of this rulemaking proceeding (47 FR 12092). The notice established a sixty day period, which ended on May 18.1982 for submission of written comments and filing of notices of intent to appear at the public hearings. The FMS116869 Federal Register / Vol. deadline for submission of written statements and other documentary evidence So be presented during the hearings was set as June 1,1982. The proposed standard required chemical manufacturers to asseBB the hazard- of al! chemicals which they produce, and ail employers in SIC Codes 20 through 39 to establish hazard communication programs for their employees. This communication was to be accomplished by labeling in-plani and downstream containers, through the availability of materia! safety data sheets, and by employee training. The proposed standard represented OSHA's determination that rulemaking was necessary because many employers and employees in the manufacturing division are not aware of the presence of hazardous chemicals in their workplaces. This lack of knowledge increases the risk of occupationallyrelated chemical source illnesses and injuries, since appropriate protective measures can only be designed and implemented when the presence of a hazard is known. 3. Response to the proposal. OSHA received 221 written comments on the NPRM prior to the public hearing, as well as a number of late comments after the hi -ring began. All written evidence conci mg the NPRM was entered into Dock- H-022, which was established for this rulemaking proceeding. Public hearings were conducted under OSHA's procedural regulations for rulemaking (29 CFR Part 1911). They were presided over by Administrative Law judge Stuart A. Levin, and all participants were given the opportunity to present oral testimony and to question other witnesses. The hearings were held from June 15-24,1982, in Washington. D.C.; July 13-14,1982, in Houston. Texas; July 20-23,1982, in Los Angeles. California; and July 27-31,1982, in. Detroit, Michigan. A total of 4,253 pages of transcript was generated during these nineteen days of oral testimony. The hearing participants were permitted to submit additional information to the record until September 1, 1982. The period for submission of post-hearing comments and briefs was originally scheduled to end on October 15,1982, but judge Levm extended the date to November 1,198 in response to a request from participants (Ex. 173). Sixty-two 162) exhibits were received after the close of the hearing. 4. The record. The public; record for the proposed rule was certified by judge Levin on November 10.1982. The record consists of all material submitted to the CSHA Docket Office, Docket No H-022, by either OSHA or the pubi.c, including: (a) Comments submitted in response to the ANPR (42 FR 5372); fb) Comments submitted in response to the NPRM (47 FR 12092): (c) Background materials collected by OSHA; (d) The draft regulatory' impact and regulatory flexibility analysis (Ex. 17); (e) Notices of intent to appear at the public hearings; (f) Pre-hearing submissions of testimony and evidence; (g) Verbatim transcripts of the public hearings; (h) Hearing exhibits; and (i) Post-hearing submissions. The views of a wide range of employees, businesses, labor unions, trade associations, public interest groups, as well as state and local governments and other interested parties, are represented in the public record. Copies of the official list of entries in the record, as well as the exhibits themselves, are available from the OSHA Docket Office, Docket No. H-022, Room S -8212, IJ.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C., 20210; telephone (202) 523-7894, Pages a3r281 to 53,340 of the FEDERAL REGISTER which served as notice of the Final Rule have been eliminated from this printing of the Hazard Commun ication Rule. These included: II III IV V Overview of the Final Standard Regulatory Impact Analysis Summary and Explanation of Standard Authority FMS116870 53340 Federal Register / Vof. 48, No. 228 / Friday, November 25, 1983 / Ruies and Regulations PART 19 tO--[AMENDED] Subpart 2 of Part 1910 of Title 29 of the Code of Federal Regulations (CFR) is hereby amended by adding a new 5 1910.1200 to read as follows: S 1910.1200 Hazard communication. (a) Purpose. (1) The purpose of this section is to ensure that the hazards of all chemicals produced or imported by chemical manufacturers or importers are evaluated, and that information concerning their hazards is transmitted to affected employers and employees within the manufacturing sector. This transmittal of information is to be accomplished by means of comprehensive hazard communication programs, which are to include container labeling and other forms of warning, material safety data sheets and employee training. (2) This occupational safety and health standard is intended to address comprehensively the issue of evaluating and communicating chemical hazards to employees In the manufacturing sector, and to preempt any state law pertaining to this subject. Any state which desires to assume responsibility in this area may only do so under the provisions of 5 18 of the Occupational Safety and Health Act (29 U.S.C. 651 et. seq.) which deals with state jurisdiction and state plans. (b) Scope and application. (1) This section requires chemical manufacturers or importers to assess the hazards of chemicals which they produce or import, and all employers in SIC Codes 20 through 39 {Division D, Standard Industrial Classification Manual) to provide information to their employees about the hazardous chemicals to which they are exposed, by means of a hazard communication program, labels and other forms of warning, material safety data sheets, and information and training. In addition, this section requires distributors to transmit the required information to employers in SIC Codes 20-39, (2) This section applies to any chemical which is known to be present in the workplace in such a manner that employees may be exposed under normal conditions of use or in a foreseeable emergency. (3) This section applies to laboratories only as follows: (i) Employers shall ensure that labels on incoming containers of hazardous chemicals are not removed or defaced: (ii) Employers shall maintain any material safety data sheets that are received with incoming shipments of hazardous chemicals, and ensure that they are readily accessible to laboratory employees; and, (iii) Employers shall ensure that laboratory employees are apprised of the hazards of the chemicals in their workplaces in accordance with paragraph (h) of this section. (4) This section does not require labeling of the following chemicals: (i) Any pesticide as such term is defined in the Federal insecticide. Fungicide, and Rodenticide Act [7 U.S.C. 136 et seq.j, when subject to the labeling requirements of that Act and labeling regulations issued under that Act by the Environmental Prolection Agency; (ii) Any food, food additive, color additive, drug, or cosmetic, including materials intended for use as ingredients in such products (e.g.. flavors and fragrances), as such terms are defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) and regulations issued under that Act, when they are subject o the labeling requirements of rat Act and labeling regulations issued under that Act by the Food and Drug Administration; (iii) Any distilled spirits (beverage alcohols), wine, or malt beverage intended for nonindustrial use, as such terms are defined in the Federal Alcohol Administration Act (27 U.S.C. 201 et seq.) and regulations issued under that Act, wh. n subject to the labeling requirements of that Act and labeling regulations issued under that Act by the Bureau of Alcohol, Tobacco, and Firearms; and, (ivj Any consumer product or hazardous substance as those terms are defined in the Consumer Product Safety Act (IS U.S.C. 2051 et seq.) and Federal Hazardous Substences Act (15 U.S.C. 1261 et seq.) respectively, when subject to a consumer product safety standard or labeling requirement of those Acts, or regulations issued under those Acts by the Consumer Product Safety Commission. (5) This section does not apply to: (i) Any hazardous waste as such term ia defined by the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1970, as amended (42 U.S.C. 0901 et seq ), when subject to regulations issued under that Act by the Environmental Protection Agency; (ii) Tobacco or tobacco products; (iii) Wood, or wood products; (iv) Articles; and, (v) Foods, drugs, or cosmetics intended for persona! consumption by employees while in the workplace. (c) Definitions. '`Article" means a manufactured item; (i) Which is formed to a specific shape or design during manufacture: (ii) which has end use function(s) dependent in whole or in part upon its shape or design durine end U3e; and (iii) vtfhich does not releas , or otherwise result in exposure to. a hazardous chemical under normal conditions of use. "Assistant Secretary" means the Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, or designee. ' "Chemical" means any element, chemical compound or mixture of elements and/or compounds. "Chemical manufacturer" means an employer in SIC Codes 20 through 39 with a workplace where chemical(s) are produced for use or distribution. "Chemical name" means the scientific designation of a chemical in accordance with the nomenclature system developed by the Internationa! Union of Pure and Applied Chemistry (1UPA.C) oi the Chemical Abstracts Service (CAS) FMS116871 Federal Register / Vol. 48, No. 228 / Friday, November 25. 1983 / Rules and Regulations >i--iw-- iwiimm--iiiiiHipii)BWiiimiii>nn in i mu m 1 n ii i *i fir min i ngBawwaiwaaMMieawa--aa--m--aw--1wbmm*-- 53341 rules of nomenclature, or a name which will clearly identify the chemical for the purpose of conducting a hazard evaluation. "Combustible liquid" means any liquid having a flashpoint at or above 100'F (37*8C), but below 200*F (93.3'C), except any mixture having components with flashpoints of 200*F (93.3`C), or higher, the total volume of which make up 88 percent or more of the total volume of the mixture. "Common name" means any designation or identification such as code name, code number, trade name, brand name or generic name used to identify a chemical other than by its chemical name. "Compressed gas" means; (i) A gas or mixture of gases having, in a container, an absolute pressure exceeding 40 psi at 70"F (Zl.l'C): or (ii) A gas or mixture of gases having, in a container, an absolute pressure exceeding 104 psi at 13QT (54.4'C) regardless of the pressure at 70"F (21.1 *C); or (iii) A liquid having a vapor pressure exceeding 40 psi at 100"F(37.8*C) as determined by ASTM D-323-72. "Container" means any bag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage tank, or the like that contames a hazardous chemical. For purposes of this section, pipes or piping systems are not considered to be containers. "Designated representative" means any Individual or organization to whom an employee gives written authorization to exercise such employee's rights under this section. A recognized or certified collective bargaining agent shall be treated automatically as a designated representative without regard t written employee authorization. "Director" means the Director, National Institute for Occupational Safety and Health, U.S. Department of Health and Human Servicesor designee. "Distributor" means a business, other than a chemical manufacturer or importer, which supplies hazardous chemicals to other distributors or to manufacturing purchasers. "Employee" means a worker employed by an employer in a workplace in SIC Codes 20 through 38 who may be exposed to hazardous chemicals under normal operating conditions or foreseeable emergencies, including, but not limited to production workers, line supervisors, and repair or maintenance personnel. Office workers, grounds maintenance personnel, security personnel or non-resident management are generally not included, unless their fob performance routinely involves potential exposure to hazardous chemicals. "Employer" means a person engaged in a business within SIC Codes 20 through 39 where chemicals are either used, or are produced for use or distribution. "Explosive" means a chemical that causes a sudden, almost instantaneous release of pressure, gas, and heat when subjected to sudden shock, pressure, or high temperature. "Exposure" or "exposed" means that an employee iB subjected to a hazardous chemical in the course of employment through any route of entry (inhalation, ingestion, skin contact or absorption, etc.), and includes potential (e.g.. accidental or possible) exposure. "Flammable" means a chemical that falls into one of the following categories: (i) "Aerosol, flammable" means an aerosol that, when tested by the method described in 18 CFR 1500.45, yields a flame projection exceeding 18 inches at full valve opening, or a flashback (a flame extending back to the valve) at any degree of valve opening; (ii) "Gas, flammable" means: (A) A gas that, at ambient temperature and pressure, forms a flammable mixture with air at a concentration of thirteen (13) percent by volume or less; or (B) A gas that, at ambient temperature and pressure, forms a range of flammable mixtures with air wider than twelve (12) percent by volume, regardless of the lower limit; (iii) "Liquid, flammable" means any liquid having a flashpoint below 100"F (37A"C), except any mixture having components with flashpoints of lOQ'F (37.8"C) or higher, the total of which make up 98 percent or more of the total volume of the mixture. (iv) "Solid, flammable" means a solid other than a blasting agent or explosive es defined in tOlO.lW la), that is liable to cause fire through friction, absorption of moisture, spontaneous chemical change, or retained heat from manufacturing or processing, or which can be ignited readily and when ignited burns so vigorously and persistently as to create a serious hazard, A chemical shall be considered to be a flammable solid if, when tested by the method described in 18 CFR 1500.44. it ignites and bums with a self-sustained flame at a rate greater than one-tenth of an inch per second along its major axis. "Flashpoint" means the minimum temperature at which a liquid gives off a vapor in sufficient concentration to ignite when tested as follows: (i) Tagliabue Closed Tester [See American National Standard Method of Test for Flash Point by Tag Closed Tester, 211.24-1979 (ASTM D 5&-79)) for liquids with a viscosity of less than 45 Saybolt Universal Seconds (SUS) at 100`F (37.8*C), that do not contain suspended solids and do not have a tendency to form a surface film under test; or (ii) Pensky-Martens Closed Tester (see American National Standard Method of Test for Flash Point by Pensky-Martens Closed Tester, ZH.7-1979 (ASTM D 83 79)) For liquids with a viscosity equal to or greater than 45 SUS a 100`F (37.8"C), or that contain suspended solids, or that have a tendency to form a surface film under test: or (iii) Setaflash Closed Tester (see American National Standard Method of Test for Flash Point by Setaflash Closed Tester (ASTM D 3278-78)). Organic peroxides, which undergo autoacceierating thermal decomposition, are excluded from any of the flashpoint determination methods specified above. "Foreseeable emergency" means any potential occurrence such as, but not ' limited to, equipment failure, rupture of containers, or failure of control equipment which could result in an uncontrolled release of a hazardous chemical into the workplace. "Hazard warning" means any words, pictures, symbols, or combination thereof appearing on a label or other appropriate form of warning which convey the hazards of the chemical(s) in the container(s). "Hazardous chemical" means any chemical which is a physical hazard or a health hazard. "Health hazard" means a chemical for which there is statistically significant evidence based on at least one study conducted in accordance with established scientific principles that acute or chronic health effects may occur in exposed employees. The term "health hazard" includes chemicals which are carcinogens, toxic or highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes, or mucous membranes. Appendix A provides further definitions and explanations of the scope of health hazards covered by this section, and Appendix B describes the criteria to be used to determine whether or not a chemical is to be considered hazardous for purposes of this standard. "Identity" means any chemical or common name which is indicated on the material safety data sheet (MSDS) for the chemical. The identity used shall permit cross-references to be made FMSI 16872 53342 Federal Register / Voi. 49, No. 228 / Friday, November 25, 1383 / Rules and Regulations miT--nfnr--11 iihii iwnir nt--rnriii i. mut mr 11. t *mT^i>rrrnTiT~~TrTt-TawwMTrnmwrvtTFWriTrrn'ifT"~~>J,,B among the required list of hazardous chemicals, the label and the MSDS. "Immediate use" means that the hazardous chemical will be under the control of and used cnly by the person who transfers it from a labeled container and only within the work shift in which it is transferred. ``Importer" means the first business with employees within the Customs Territory of the United States which receives hazardous chemicals produced in other countries for the purpose of supplying them to distributors or manufacturing purchasers wi thin the United States. "Label" means any written, printed, or graphic material displayed on or affixed to containers of hazardous chemicals. "Manufacturing purchaser" means an employer with a workplace classified in SIC Codes 20 through 39 who purchases a hazardous chemical for use within that workplace. "Material safety data sheet (MSDS)" means written or printed material concerning a hazardous chemical which is prepared in accordance with paragraph (g) of this section. "Mixture" means any combination of two or more chemicals if the ' combination is not, in whole or in part, the resuit of a chemical reaction. "Organic peroxide" means an organic compound that contains the bivalent -QO-structure and which may be considered to be a structural derivative of hydrogen peroxide where one or both of the hydrogen atoms has been replaced by an organic radical. "Oxidizer" means a chemical other than a blasting agent or explosive as defined in 1910.109(a), that initiates or promotes combustion in other materials, thereby causing fire either of itseif or through the release of oxygen or other gases. "Physical hazard" means a chemical for which there is scientifically valid evidence that it is a combustible liquid, a compressed gas, explosive, flammable an organic peroxide, an oxidizer, pyrophoric, unstable (reactive) or waterreactive. "Produce" means to manufacture, process, formulate, or repackage. "Pyrophoric" means a chemical that will ignite spontaneously in air at a temperature of 130* F (54.4* C) or below. "Responsible party" means someone who can provide additional information on the hazardous chemical end appropriate emergency procedures, if necessary. "Specific chemical identity" means the chemical name. Chemical Abstracts Service (CAS) Registry Number, or any other information that reveals the precis,; chemical designation of the substance. "Trade secret" means any confidential formula, pattern, prc :>-ss, device, information or compilation of information (including chemical name or other unique chemical identifier) that is used in an employer's business, and that gives the employer an opportunity to obtain an advantage over competitors who do not know or use it. "Unstable (reactive)" means a chemical which in the pure state, or as produced or transported, will vigorously polymerize, decompose, condense, or will become seif-reactive under conditions of shocks pressure or temperature. "Use" mean.-; to package, handle, react, or transfer. "Water-rcactive" means a chemical that reacts with water to release a gas that is either flammable or presents a health hazard. "Work area" means a room or defined space in a workplace where hazardous chemicals are produced or used, and where employees are present. "Workplace" means an establishment at one geographical location containing one or more work areas. (d) Hazard determination. (1) Chemical manufacturers and importers shall evaluate chemicals produced In their workplaces or imported by them to determine if they are hazardous. Employers are not required to evaluate chemicals unless they chuose not to rely on the evaluation performed by the chemical manufacturer or importer for the chemical to satisfy this requirement. (2) Chemical manufacturers, importers or employers evaluating chemicals shall identify and consider the available scientific evidence concerning such hazards. For health hazards, evidence which is statistically significant and which is based on-at least one positive study conducted in accordance with established scientific principles is considered to be sufficient to establish a hazardous effect if the results of the study meet the definitions of health hazards in this section. Appendix A shall be consulted for the scope of health hazards covered, and Appendix B shall be consulted for the criteria to be followed with respect to the completeness of the evaluation, and the data to be reported. (3) The chemical manufacturer, importer or employer evaluating chemicals shall treat the following sources as establishing that the chemicals listed in them are hazardous: (i) 29 CFR Part 1910, Subpart Z, Toxic and Hazardous Substances, Occupational Safety and Health Administration (OSHA); or. (ii) Threshold Limit Values for Chemical Substances and Physical Agents in the Work Environment, American Conference of Governmental Industrial Hygienists (ACGIH) (latest edition). The chemical manufacturer, importer, or employer is still responsible for evaluating the hazards associated with the chemicals in these source lists in accordance with the requirements of the standard. (4) Chemical manufacturers, importers and employers evaluating chemicals shall treat the following sources as establishing that a chemical is a carcinogen or potential carcinogen for hazard communication purposes: (ij National Toxicology Program (NIT), Annual Report on Carcinogens (latest edition); (if | international Agency for Research on Cancer (IARC) Monographs (latest editions): or (iii) 29 CFR Part 1910, Subpart Z. Toxic and Hazardous Substances, Occupational Safety and Health Administration. Note.--The Registry of Toxic Effects of Chemical Substances published by the National Institute for Occupational Safety and Health indicates whether a chemical has been found by NTP or IARC to be a potential carcinogen. (55 The chemical manufacturer, importer or employer shall determine the hazards of mixtures of chemicals as follows: (ij If a mixture has been tested as a whole to determine its hazards, the results of such testing shall be used to determine whether the mixture is hazardous; (ii) If a mixture has not been tested as a whole to determine whether the mixture is a Ijealth hazard, the mixture shall be assumed to present the same health hazards as do the components which comprise one percent (by weight or volume) or greater of the mixture, except that the mixture shall be assumed to present a carcinogenic hazard if it contains a component in concentrations of 0.1 percent or greater which is considered to be e carcinogen under paragraph (d)(4) of this section; (iii) If a mixture has not been tested as a whole to determine whether the mixture is a physical hazard, the chemical manufacturer, importer, or employer may use whatever scientifically valid data is available to evaluate the physical hazard potential of the mixture; and (Iv) If the employer has evidence to indicate that a component present in the mixture in concentrations of less than FMSI 16873 Federal Register / Vo). 48, No. 22n j Friday, November 25, 1983 / Rules and Regulations 53343 me percent (or in the esse of larcinogens, less then 0.1 percent) could >e released in concentrations which ivould exceed an established OSHA permissible exposure limit or ACG'H Ihreshold Limit Value, or could present a health hazard to employees in those concentrations, the mixture shell be assumed to present the same hazard. (6) Chemical manufacturers, importers, or employers evaluating chemicals shall describe in writing the procedures they use to dcermine the hazards of the chemical t y evaluate. The written procedures a: to be made available, upon request, to employees, their designated re: rsentativea, the Assistant Secrete . rid the Director. The written description may be incorporated into the written hazard communication program required under paragraph (e) of this section. (e) Written hazard communit ation program. (1) Employers shall develop and implement a written hazard communication program for their workpieces which at least describes how the criteria specified in paragraphs (f), (g). and (h) of this section for labels and other forms of warning, material safety data sheets, and employee information and training will be met and which also includes the following: (1) A list of the hazardous chemicals known to be present using an identity that is referenced on the appropriate material safety data sheet (the list may be compiled for the workplace as a whole or for individual work areas); (ii) The methods the employer will use to inform employees of the hazards of non-routine tasks (for example, the cleaning of reactor vessels), and the hazards associated with chemicals contained in unlabeled pipes in their work areas; and, (iii) The methods the employer will use to inform any contractor employers with employees working in the employer's workplace of the hazardous chemicals their employees may be exposed to while performing their work, and any suggestions for appropriate protective measures. (2) The employer may rely on an existing hazard communication program to comply with these requirements, provided that it meets the criteria established in this paragraph (e). (3) The employer shall make the written hazard communication program available, upon request, to employees, their designated representatives, the Assistant Secretary and the Director, in accordance with the requirements of 29 CFR 1910.20,'ej. (1) Latrail and other forms of warning. (1) The chemical manufacturer, importer, or disiributor shall ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged or marked with the following information: (1) Identity of the hazardous chemicalfs); (ii) Appropriate hazard warnings; and (iii) Name and"address of the chemical manufacturer, importer, or other responsible party. (2) Chemical manufacturers, importers, or distributors shall ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged, or marked in accordance with this section in a manner which does not conflict with the requirements of the Hazardous Materials Transportation Act (18 U.S.C. 1801 ef seq.) ami regulations issued under that Act by the Department of Transportation. (3) If the hazardous chemical is regulated by OSHA in a substancespecific health standard, the chemical manufacturer, importer, distributor or c tployer shall ensure that the labels or s tier forms of warning used are in oocordanrf' with the requirements of that stand, rd. (4) Except as provided in paragraphs (f)(5) arid (f)(6) the employer shall ensure that each container of hazardous chemicals in the workplace is labeled, tagged, or marked with the following information; (1) Identity of the hazardous chemical)s) contained therein; and (ii) Appropriate hazard warnings. (5) The employer may use signs, placards, process sheets, batch tickets, operating procedures, or other such written materials in lieu of affixing labels to individual stationary process containers, as long as the alternative method identifies the containers to which it iB applicable and conveys the information required by paragraph (f)(4) of this section to be on a label. 'The written materials shall be readily accessible to the employees in their work an a throughout each work shift. (6) Thi employer is not required to label portable containers into which hazardous chemicals are transferred from labeled containers, and which are intended only for the immediate use of the employee who performs the transfer. (7) The employer shell not remove or deface existing labels on incoming containers of hazardous chemicals, unless the container is immediately marked with the required information. (8) The employer Bhall ens e that labels or other forms of warning are legible, in English, and prominently displayed on the container, or readily available in the work area throughout such work shift. Employers having employees who speak other languages may add the information in their language to the material presented, as long as the information is presented in English as well. (9) The chemical manufacturer, importer, distributor or employer need not affix new labels to comply with this section if existing labels already convey the required information. (g) Material safety data sheets. (1) Chemical manufacturers and importers shall obtain or develop a material safety data sheet for each hazardous chemical they produce or import. Employers shell have a material safety data sheet for each hazardous chemical which they UBe. (2) Each material safety data sheet shall be in English and shall contain at least the following information: (1) The identity used on the label, and. except as provided for in paragraph (f) of this section on trade secrets: (A) If the hazardous chemical is a Bingle substance, its chemical and common name(s); (B) If the hazardous chemical is a mixture which has been tested as a whole to determine its hazards, the chemical and common name(s) of the ingredients which contribute to these known hazards, and the common name(s) of the mixture itself; or, (C) If the hazardous chemical is a mixture which has not been tested as a whole; (/) The chemical and common name(s) of all ingredients which have been determined to be health hazards, and which comprise 1% or greater of the composition, except that chemicals identified as carcinogens under paragraph (d)(4) of this section shall be listed if the concentrations are 0.1% or greater; and, _ (2) The chemical and common name(g) of all ingredients which have been determined to present a physical hazard when present in the mixture; (ii) Physical and chemical characteristics of the hazardous chemical (such as vapor pressure, flash point); (iii) The physical hazards of the hazardous chemical, including the potential for fire, explosion, and reactivity; (iv) The health hazards of the hazardous chemical, including signs and symptoms of exposure, and any medical conditions which are generally recognized as being aggravated by exposure to the chemical; (v) The primary roulels) of entry; (vi) Ti e OSHA permissible exposure limit, ACGIH Threshold Limit Value, end any other exposure limit used or FMS116874 53344 Federal Register / VoL 43, No. 228 / Friday. Novesvtber 2S, 1S83 / Rules and Regulations recommended by the ctiemical manufacturer, importer, or employer preparing the material safety data sheet, where available; \vii) Whether the hazardous chemical is listed in the National Toxicology Program (NTS?} Annual Report on Carcinogens (latest edition) or has been found to be a potential carcinogen in the International Agency for Research on Cancer (IARC) Monographs (latest editions), or by OSHA; (viii) Any generally applicable precautions for safe handling and use which are known to the chemical manufacturer, importer or employer preparing the material safety data sheet, including expropriate hygienic practices, protective measures during repair and maintenance of contaminated equipment, and procedures for clean-up of spills and leaks; (ix) Any generally applicable control measures which are known to the chemical manufacturer, importer or employer preparing the materia! safety data sheet, such as appropriate engineering controls, work practices, or personal protective equipment; (x) Emergency and first aid procedures; (xi) The date of preparation of the materia! safety data sheet or the last change to it; and, (xii) The name, address and telephone number of the chemical manufacturer, importer, employer or other responsible party preparing or distributing the material safety data sheet, who can provide additional Information on the hazardous chemical and appropriate emergency procedures, If necessary. (3) If no relevant information is found for any given category on the material Bafety data sheet the chemical manufacturer, importer or employer preparing the material safety data sheet shall mark it to indicate that no applicable information was found. (4) Where complex mixtures have similar hazards and contents (i.e. the chemical ingredients are essentially the same, but the specific composition varies from mixture to mixture), the chemical manufacturer, importer or employer may prepare one material safety data sheet to apply to all of these similar mixtures. (5) The chemical manufacturer, importer or employer preparing the material safety data sheet shall ensure that the information recorded accurately reflects the scientific evidence used in making the hazard determination. If the chemical manufacturer, importer or employer becomes newly aware of any significant information regarding the hazards of a chemical, or ways to protect against the hazards, this new information shall be added to the material safety data sheet within three months. If the chemical is not currently being produced or imported the chemical manufacturer or importer shall add the information to the material safety data sheet before the chemical is introduced into the workplace again. (6) Chemical manufacturers or importers shall ensure that distributors and manufacturing purchasers of hazardous chemicals are provided an appropriate material safety data sheet with their initial shipment, , nd with the first shipment after a material safety data sheet is updated. The chemical manufacturer or importer shall either provide materia) safety data sheets with foe shipped cor ainers or send them to he manufactun lg purchaser prior to or at the time of the shipment. If tire materia! safety data sheet is not provided with the shipment, the manufacturing purchaser shall obtain one from the chemicalmanufacturer, importer, or distributor as soon as possible. (7) Distributors shall ensure that material safety data sheets, and updated information, are provided to other distributors and manufacturing purchasers of hazardous chemicals. (8) The employer shall maintain copies of the required material sandy data sheets for each hazardous chemical ia the workplace, and shall ensure that i ley are readily accessible during each work shift to employees when they are in. their work area(s). (9) Material safety data sheets may be kept in any form. Including operating procedures, and may be designed to cover groups of hazardous chemicals Ut a work area where it may be more appropriate to address the hazard? of a process rather than individual hazardous chemicals. .However, the employer shall ensure that in all cases the required information is provided for each hazardous chemical, and is readily accessible during each work shift to employees when they are in their work area(s). (10) Material safety data sheets shall also be made readily available, noon request, to designated representative* and to the Assistant Secretary, in accordance with the requirements of 29 CFR 1910.20(e). The Director shall also be given access to material safety data sheets in the same manner. (h) Employee information and training. Employers shall provide employees with information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new hazard is introduced Into their work area. (1) Information. Employees shall be i farmed of; (1) The requirements of this section; (ii) Any operations in their work area where hazardous chemicals are present; and, (iii) The location and availability of the written hazard communication program, including the required list(s) of hazardous chemicals, and material safely data sheets required bv this section. (2) Training. Employee training shall include at least; (i) Methods and observations that may be used to delect t.ie presence or release of a hazardous chemica in the work area (such as monitoring conducted by the employer, continuous monitoring devices, visual appearance or odor of hazardous chemicals when being released, etc.); (ii) The physical and health ; arris of the chemicals in the work area; (iii) The measures employees can take to protect themselves from these hazards, including specific procedure! the employer has implemented to I otect employees fr m exposure to 1. tzardous chemicals, such as appropriate work practices, emergency procedures, and personal protective equipment to the used; and, (iy) The details of th hazard communication progra: t developed by the employer, including an explanation of the label! ng system and the material safety data uxset. and how employees can obtain and use the appropi ale hazard information. (i) Trade secrets. (1) The che deal manufacturer, importer or employer may withhold the specific chemical identity, including foe chemical name and other specific identification of a hazardous chemical, from the material safety data sheet, provided that: (1) The claifn that the informt >n withheld is a trade secret can he supported; (ii) Information contained in the materia! safety data sheet concerning the properties and effects of the hazardous chemical is disclos? d; (iii) The material safety data sheet indicates that the specific chemical identity is being withheld as a trade secret; and, (iv) The specific chemical identity is made available to health professionals. In accordance with the applicable provisions of foie paragraph. (2) Where a treating physician or nurse determines that a medical emergency exists and the specific chemical identity of a hazardous chemical is necessary for emergency or first-aid treatment, the chemical FMSI 16875 Federal Register / Voi. 4ii, f-Kj. t.Zu j ; riasv, November 25, 1863 / Rules and Regulations 53345 imwi--mi iiaumi--hi n I'lmraniii n~im ipi.'i n 17 ri~ " ini TiTi i iTri r r rTnTTTmrrrr~i~rp tShWumWJitiftm'aMaagBe'atyaraagBJiBWiwiiiriiawMBaHa--B----l--a----a------ manufacturer, importer, or employer shall immediately disclose the specific chemical identity of a trade secret che nicai to that treating physician or nurse, regardless of the existence of a written statement of need or a coni dentialily agreement. The chemical manufacturer, importer, or employer may require a written statement of need and contidentiality agreement, in accordance with the provisions of paragraphs (i) (3) and (4) of this section. bb soon as circumstances permit. (3) in non-emergency situations, a chemical manufacturer, importer, or employer shall, upon request, disclose u specific chemical identity, otherwise permitted-to be withheld under paragraph (i)(l) of this section, to n health professional (i.e. physician, industrial hygienist, toxicologist, or epidemiologist) providing medical or ether occupational health services to exposed employee(s) if: (i) the request is in writing; (ii) The request describes with reasonable Retail one or more of the following occupational health needs for the information: (A) To assess the hazards of the chemicals to which employees will by exposed: (B) To conduct or assess sampling of the workplace atmosphere to determine rr- doyee exposure levels; i) To conduct pre-assignment or pc; iodic medical surveillance of exposed employees; (D) To provide medical treatment In exposed employees; (E) To select or assess appropriate personal pro.ective equipment for exposed employees; (F) To design or assess engineer ng < ontrols or other protective measures for exposed employees; and, fG) To conduct studies to determine the health effects of exposure. (iii) The request explains in detail why the disclosure of the specific chemical identity is essentia! and that, in lieu thereof, the disclosure of the following information would nut enable the health professional to provide the occupational health services described in paragraph (ii) of this section: (A) The properties and effects of the chemical; (B) Measures for controlling workers' exposure to the chemical; (Q Methods of monitoring and analyzing worker exposure to the chcm.cal; and, (U) Methods of diagnosing end treating hannfui exposures to the chemical: f'v) The request includes a description of the procedures to be used to maintain the confidentiality oi the disclosed information; and, (v) The health professional, and the employer or contractor of the health professional's services (i.e., downstream employer, labor organization, or individual employer), agree in a written confidentiality agreement that the health professional will no! use the trade secret information for any purpose other than the health need(s) asserted and agree not to release the information under any circumstances other than to OSHA, bb provided in paragraph (i)(6) of this section, except as authorized by the terms of the agreement or by the chemical manufacturer, importer, or employer, (4) The confidentiality agreement authorized by paragraph (i)(3){iv) of this section: (i) May restrict the use of the information to the health mu-poses indicated in the written f atement of need: (ii) May provide for appropriate legal remedies in the event of a breach of the agreement, including stipulation of a reasonable pre-estimate of likely damages; and, (iii) Msy not include requirements for the posting of a penalty bond. f5) Nothing in this standard is meant to preclude the parties from pursuing non-conlractual remedies to the extent permitted by lew. (6) if the health professional receiving the trade secre; information decides that there is a need to disclose it to OSHA, the chemical manufacturer, importer, or employer who provided the information shall he informed by the health professional prior to, or at the same time as, such disclosure. (7) If the chi -nicel manufacturer, importer, or ei .plover denies a written request for disclosure of a specific chemical identify, the denis! must: (>) Be provided to the health professional within thirty days of the rr.qucai. (ii) 13e in writing: (iii) include ev'-fence to support the claim that the specific chemical identity is a trade secret; (tv) State the specific reasons why the request is being denied; and, fv) Explain in date;! how alternative information may satisfy the specific medical or occupational health need without revesting the specific chemical identity. (8) The health professional whose request for information is denied under paragraph (f)(3) of this section may refer die request and the written denial of the request to OSHA for consideration. (9) V. -ten a health professional refers the denial to OSHA under paragraph (i)(8) of this section, OSHA shall consider the evidence to determine if: (i) The chemical manufacturer, importer, or employer has supported the claim that the specific chemical identity is a trade secret; (ii) The health profession 1 has supported the claim that thr e is a medical or occupational health need for the information; and, (iii) The health professional has demonstrated adequate means to protect the confidentiality. (10) (i) If OSHA determines that the specific chemical identity requested under paragraph (i)(3) of this section is not a bona fide trade secret, or that it is a trade secret but the requesting health professional has a legitimate medical or occupational health need for the information, has executed a written confidentiality agreement, and has shown adequate means to protect the confidentiality of the information, the chemical manufacturer, importer, or employer will be subject to citation by OSHA. (11) If a chemical manufacturer, importer, or employer demonstrates to OSHA that the execution of a confidentiality agreement would not provide sufficient protection against the potential harm from the unauthorized disclosure of a trade secret specific chemical identity, the Assistant Secretary may issue such orders or impose such additional limitations or conditions upon the disclosure of the requested chemical information as may be appropriate to assure that the occupational health services are provided without an undue risk of harm to the chemical manufacturer, importer, or employer. (11) If, following the issuance of a citation and any protective orders, the chemical manufacturer, importer, or employer continues to withhold the information, the matter is referrable to the Occupational Safety and Health Review Commission for enfo cement of the citation. In accordance with Commission rules, the Administrative Law Judge may review the citation and supporting documentation in camera or issue appropriate protective orders. (12) Notwithstanding the existence of a trade secret claim, a chemical manufacturer, importer, or employer shall, upon request, disclose to the Assistant Secretary any information which this section requires the chemical manufacturer, importer, or employer to make available. Where there is a trade secret claim, such claim shall be made no later than at the time the information is provided to the Assistant Secretary so that suitable determinations of trade FMS116876 53346 Fedend Stgistet / Vol. 48, No. 22!) / Friday, November 25, 1983 / Rules and Regulations secret status can be made and the necessary protections can be implemented, (13) Nothing in this paragraph shall be construed as requiring the disclosure under any circumstances of process or percentage of mixture information which is trade secret. (}) Effective cfofes. Employers shaii be in compliance with tills section within the following time periods: (1) Chemical manufacturers and importers shall label containers of hazardous chemicals leaving their workplaces, and provide material safety data sheets with initial shipments by November 25,1985. (2) Distributors shall be in compliance with all provisions of this section applicable to them by November 25, 1985. (3) Employers shall be in compliance with all provisions of this section bv May 25, 1986, including initial training for all current employees. Appendix A to 4 1910.1208--Health Hazard Definitions (Mandatory) Although safety hazards related to the physical characteristics of a chemical can be objectively defined in terms of testing requirements (e.g. flammability), health hazard definitions are less precise and more subjective. Health hazards may cause measurable changes in the body--such as decreased pulmonary function. These changes are generally indicated by the occurrence of signs and symptoms in the exposed employees--such as shortness of breath, a non-measurable, subjective feeling. Employees exposed to such hazards must be apprised of both the change in body function and the signs and symptoms that may occur to signal that change. The determination of occupational health hazards is complicated by the fact that many of the effects or signs and symptoms occur common iy in nonoecupafionally exposed populations, bo that effects of exposure are difficult to separate from normally occurring illnesses. Occasionally, a substance causes an effect that :s rarely seen ir, the population at large, such as angiosarcomas caused by vinyl chloride exposure, thus making it easier to ascertain that the occupational exposure was the primary causative factor. Mors often, however, the effects are common, such as lung cancer. The situation is further complicated by the fact that most chemicals have not been adequately tested to determine their health hazard potential, and data do not exist to substantiate these effects. ifiere have been many attempts to tnrize effects and to define them in various ways. Generally, the terms "acute" end "chronic" are used to delineate between effects on the basis of severity or duration. "Acute" effects usually occur rapidly as a result of short-term exposures, and are of short duration. "Chronic" effects generally occur as a result of long-term exposure, and are of long duration. The acute effects referred to most frequently axe those defined by the American National Standards Institute (ANSI) standard for Precautionary Labeling of Hazardous Industrial Chemicals (Z129.1-1982)--irritatii x corrosivity, sensitization and iethai doae. Although these are important health effects, they do not adequately cover the considerable range of acute effects which may occur as a result of occupational exposure, such as, for example, narcosis. Similarly, the term chronic effect is often used to cover only carcinogenicity, teratogenicity, and mutagenicity. These effects are obvious a concern in the workplace, but again, do no! adequately cover the. area of chronic effects, excluding, for example, blood dyscrasias (such as anemia), chronic bronchitis and liver atrophy. The goal of defining precisely, in measurable terms, every possible health effect that may occur in the workplace as e result of chemical exposures cannot realistically be accomplished. This does not negate the need for employees to be informed of such effects and protected from them. Appendix B. which ie also mandatory, outlines the principles and procedures of hazard assessment. For purposes of this section, any chemicals which meet any of the fo'ilowuig definition*, as determined by the criteria ret forth in Appendix B are health b: ,:u Is: 1. Carcinogen: A chemical is considered to be a carcinogen if: (a) !t has been evaluated by the international Agency for Research on Cancer (IARC), and found to be a carcinogen or potential carcinogen; or (b) It is listed as a carcinogen or potential carcinogen in the Annual Report on Carcinogens published by the National Toxicology Program (NTT) (latest edition); or, ` (c) U is regulated by OSHA as a carcinogen. 2. Corrosive. A chemical that causes visible destruction of, or irreversible alterations in, living tissue by chemic-a! action at the site of contact. For example, a chemical is considered to be corrosive if, when tested on the intact skin of aibino rabbits by the method described by the U.S. Department of Transportation in Appendix A to 49 OFR Part 173, it destroys or changes irreversibly the structure of the tissue at the site of contact following an exposure period of four hours. This term shall not refer to action on inanimate surfaces. 3. Highly toxic: A chemical falling within any of the foilowing categories: (a) A chemical that has a median iethai dose (LDw) of 50 milligrams or less per kilogram of body weight when administered orally to albino rats weighing between 200 and 300 grams each. (b) A chemical that has a median iethai dose (LB) of 200 milligrams or Nss per kilogram of body weight when drainistered by continuous contact for i hours (or less if death occurs within M hours) with the bare Bkin of albino rabbits weighing between two and three kilograms each. (c) A chemical that has a median iethai concentration (LC*o) in air of 200 parts per million by volume or less of gas or vapor, or 2 milligrams per liter or less of mist, fume, or dust, when administered by continuous inhalation for one hour (or less if death occurs within one hour) to albino rats weighing between 200 and 300grams each. 4. Irritant: A chemical, which is not corrosive, rut which causes a reversible inflamma ry effect on living tissue bj chemical action at the site of contact. A chemical is a skin irritant if, when tested on the intact skin of albino rabbits by the methods of IS CFR 1500.41 for four hocus exposure or by other appropriate techniques, it results in an empirical score of five or more. A chemical is an eye irritant if so determined under the procedure listed in 16 CFR 1500.42 or other appropriate techniques. 5. Sensitizer: A chemical that causes a substantial proportion of exposed people or animals to develop an allergic reaction in normal tissue after repeated exposure to the chemical. 6. Toxic. A chemical falling within any of the Foilowing categories: (a) A chemical that has a median lethal dose (IXJtoi of more than 50 milligrams per kilogram but not more than 500 milligrams per kilogram of body weight when administered orally to albino rats weighing between 200 and 300 grams each. (b) A. chemical that has a median iethai dose (LD) of more than 200 milligrams per kilogram but not more than 1,000 milligrams per kilogram of body weight when administered by continuous contact for 24 hours (or less if death occurs within 24 hours) with the bare skin of albino rabbits weighing between two and three kilograms each. (c) A chemical that has a median iethai concentration (LC so) in air of FMS116877 Federal Samsaer I Vol. __________________muLiiimiiiiimniiiii m m i No. 228 / Friday, November 25, 1983 / Rules and Regulations 53347 more then 200 parts per million but not more than 2,000 parts per million by volume of gas or vapor, or more than two milligrams per liter but not more then 20 milligrams per liter of mist, fume, or dust, when administered by continuous inhalation for one hour {or less if death occurs within one hour) to albino rets weighing between 200 and 300 grams each. 7. Target organ affects. The following is a target organ categorization of effects which may occur, including examples of signs and syrnptoDS and chemicals which have been found to cause such effects. These examples ere presented to illustrate the range and diversity of effects and hazards found in the workplace, and the broad scope employers must oonaider in this area, but are not intended to be all-inclusive. s*. Mopetrdowrtb........... ...................................... . Slgrtg am< rptm................... ...... ......... OhwvTK'e. ............... .................................... b Wsfdvcaow**;................................................. . S*g*T and Symptcra .................................. OttKmoeh,........................................................ c. Maurotoxir*............. ......... ............ .......... ........ S^n9 and Symjrtcaw:..................... ........... CtWITMCAl*......................................-.............. <1. Aganto wtnch oQt art d* tend or tiscno- ays-fern. Spn* and Syrapton* ~..... ......... ................ Chwrioatr................ ................ .................... a. Aganw whieft dnmaffft hHTg:.................. Signs and Sympwna;...... ...... .................... Chamtecfs: ............................ ........ .......... f. Repweiuoftvo toMins _ 8kgne and SympSow................ ................. .......... ................................. g Cufeinaou* hazards:................................... S*?n and &ywphxi$ . ChstrmwelE:..... ............................................... h. 99 hounds ............... .............. ..... Signs and Syf&otons:................................. CAamteetc ........_.......................................... Otqpftto^s whtoh produce 5w damage. JsuntHMr, ft*a aMargnmant Dsrtjoft fertwcWwfcte. naroeananaa Ovarwcafe wWi pnK<waa Sudnuy Sdsfna; ptoia'tnvris HaUypenfftad fovasresasd>ors, tiraiwm fy-uarew^jt dch produce Hwfc pwwy forte sffocts on va nervous system ^of\RVKi changes; oec*fe-'t ifi kxMw toneborta Moverjry, Dcrw;5 c^suKtdc. huncaao; dcphwt fe>o body forgoes Of oxygen Cysrftgws; toco of con--'C>i*fvesA. Cffbcn mondwda- cyanides. Oravafoe^* wtech `nrusts cw dtwnags e> pufetrynary i^stin. r/.^jtv fc^tfeTsiea in ctwsi ahorinesa of imskth. SS&e*. <Mfeaw&. Cltevrsoate wWch effect the fprKteote*e 'iap3totffBi inefudog ew*rsorMrf' ggfsega ^rxitefeom) ststd efkaoee on (tesatoGWTfcsw V ISlfeto tfeFstfSa; MurStly Ud. DHCP, ?^wc!> the eertwaf layer ? the body Qefetfcn$ o? Shs erpjt; (tabes; isvteisorv KetemM; crttosirNRad ccxsjxxpgtti Ottan&iefts asSwjh Wact ihe eyo or srteiief oepacty. Conjunctive; eowwiit def^ago. Orgaruc soAentt, ecsda- Appendix B to 1DM.12M--Hazard Determinetinn (Mandatory) 'fhe quality of a hazard commnnication program is largely, dependent upon the adequacy and accuracy of the hezard determination. The hazard determination requirement of this standard is performanceoriented. Chemical manufacturers, importers, and employers evaluating chemicals are not required to follow any specific methods for determining hazards, but they must be able to demonstrate that they have adequately ascertained the hazards of the chemicals produced or imported in. accordance with the criteria set forth in this Appendix Hazard evaluation is a process which relies heavily on the professional judgment of the evaluator, particularly in the area of chronic hazards. The performance-orientation of the hazard determination does diminish the duty of the chemical manufacturer, importer or employer to conduct a thorough evaluation, examining alt relevant data and producing a scientifically defensible evaluation. For purposes of this standard, the following criteria shall be used in making hazard determinations that meet the requirements of this standard. 1. Carcinogenicity: As described in paragraph (d)(4) and Appendix A of this section, a determination by the National Toxicology Program, the International Agency for Research on Cancer, or OSHA that a chemical is a carcinogen or potential carcinogen will be considered conclusive evidence for purposes of this section. 2. Human data: Where available, epidemiological studies and case reports of adverse health effects shall be considered In the evaluation. 3. Animal data: Human evidence of health effects in exposed populations is generally not available for the majority of chemicais produced or used in the workplace. Therefore, the available restsits of toxicological testing in animal populations slur!! be used to predict the health effects that may be experienced by exposed workers. In perticnlar. the definitions of certain acute hazards refer to specific animal testing results (see Appendix A). 4 Adequacy and reporting of data: The results of snv studies which ere designed and conducted according to established scientific principles, and. which report, ststisticeily significant conclusions regarding the health effects of a chemical, shall be a sufficient basis for a hazard determination and reported on &ry material safety data sheet. The chemical manufacturer, importer, or employer may also report the results of other scientifically valid studies which tend to refute the findings of hazard. Appendix C to J98.223--Information Sources (Advisory) The following is a list of available data sources which the chemical manufacturer, importer, or employer may wish to consult to evaluate the hazards of chemicals they produce or import: -- Any information in their own company files such as toxicity testing results or illness experience of company employees. -- Any information obtained from the supplier of the chemical, such as material safety data sheets or product safety bulletins. -- Any pertinent information obtained from the following source list (latest editions should be used): Condensed Chemical Dictionary Van Nostrand Reinhold Co., 135 West 60th Street. New York. NY 10020 The Merck Index: An Encyclopedia of Chemicals and Drags Merck and Company. Inc., 126 E. Lincoln Avenue, Rahway. N) 07065 IA IlC Monographs on the Evaluation of the Carcinogenic Risk of Chemicals to Man Geneve: World Health Organization, International Agency for Research on Cancer, 1372-1977. (Multivoiume work), 49 Sheridan Street, Albany, New York Industrial Hygiene and Toxicology, by F. A. Patty John Wiley ft Sons, Inc., New York. NY (Five volumes) Clinical Toxicology of Commercial Products Gleason, Gossclin and Hodge Casarell and Douil's Toxicology; The Basic Science of Poisons Doull, Klaassen. and Amdur. Macmillan Publishing Co., Inc., New York, NY industrial Toxicology, by Alice Hamilton am. Harriet L Hardy Publishing Sciences Group, Inc., Acton, MA Toxicology of the Eye, by W, Morton Grant Charles C. Thomas, 301-327 East Lawrence Avenue. Springfield, 1L Recognition ofHealth Hazards in Industry William A. Burgess, fohn Wiley and Sons. 605 Third Avenue, New York. NY 10156 Chemical Hazards of the Workplace Nick H. Proctor and James P. Hughes. J. P. Lipincott Company, 6 Winchester Terrace, New York, NY 10022 Handbook of Chemistry and Physics Chemical Rubber Company, 18901 Cranwood Parkway. Cleveland, OH 44126 Threshold Limit Values for Chemical Substances and Physical Agents in the Workroom Environment with Intended Changes American Conference of Governmental Industrial Hygienists, 6500 Glenway Avenue, Bldg- D-5, Cincinnati, OH 4521 Note.--*Tlie following documents are on sale by the Superintendent of Documents. U S. Government Printing Office, Washington. D.C. 20402. FMS116878 53348 Fodaral Registot / Vol- 48, No. 228 / Friday, November 25, 1983 / Rules and Regulation* MMWWWWMMMMWBBMMWWMWMWgBwaaMMawtaaaBBBiasaapMaHwajBgaguOTTsggitaaariaBHiniiwiiiMgigBMiigfaii'i mwiiiHiaBa--omwaww;----a----k----i-------- Occupational Health Guidelines NIQSH/OSHA (NIOSH Pub, No. 81-123) NIOSH/OSIIA Pocket Guide to Chemical Hazards NIOSH Pub. No. 78-210 Registry of Toxic Effects of Chemical Substances UA Department of Health and Human Services, Public Health Service, Center for Disease Control, National Institute for Occupational Safety and Health (NIOSH Pub. No. 80-102) The Industrial Environment--Its Evaluation' and Control U.S. Department of Health and Human Services, Public Health Service, Center for Disease Control, National Institute for Occupational Safety and Health (NIOSH Pub. No. 74-117) Miscellaneous Documents--National Institute for Occupational Safety and Health 1. Criteria for a recommended standard * ' Occupational Exposure to "-------" 2. Special Hazard Reviews 3. Occupational Hazard Assessment 4. Current Intelligence Bulletins Bibliographic Data BAsec Service Provider and file Name Bibliographic Retrieval Services (BRS). Corporation Park, Bldg. 702, Scotia, New York 12302 AGRICOI.A BIOSIS PREVIEWS CA CONDENSATES CA SEARCH DRUG INFORMATION MEDLARS MEDOC NTIS POLLUTION ABSTRACTS SCIENCE CITATION INDEX SSIE Lockheed--DIALOG. Lockheed Missiles 4 Space Company, Inc., P.O. Box 44481, San Francisco. CA 84144 AGRICOLA BIOSIS PREV. 1872-PRESENT BIOSIS PREV. 1989-71 CA CONDENSATES 1970-71 CA SEARCH 1972-78 CA SEARCH 1977-PRESENT CHEMNAME CONFERENCE PAPERS INDEX FOOD SCIENCE ft TECH. AESTR. FOODS ADUBRA INTL PHARMACEUTICAL ABSTR. NTIS POLLUTION ABSTRACTS SCISKARCH 1978-PRESENT SC1SEARCH 1974-77 SSIE CURRENT RESEARCH SDC--ORBIT. SDC Search Service, Department No. 2230. Pasadena, CA 91051 AGRICOLA BIOCODES BI0S1S/BI06973 CAS9771/CAS7278 CAS77 CHEMDEX CONFERENCE ENV1ROUNE LABORDOC NTIS POLLUTION SSIE Chemical Information System (CIS). Chemical Information Systems Inc., 7215 Yorke Road, Baltimore, MD 21212 Structure 8 Nomeclature Search System Acute Toxicity (RTECS) Clinical Toxicology of Commercial Products Oil and Hazardous Materials Technical Assistance Data System National Library of Medicine. Department of Health and Human Services, Public Health Service. National institutes of Health. Bethesda. MD 20209 Toxicology Data Bank (TDB) MEDUN TQXLINE CANCERIJT RTECS |IV Doc. 84-41527 File! 11-22-TO :M m| BILLIMO CODE 4S10-2S-M <SU.S. GOVERNMENT PRINTING OKFICEl I1M-461-E 6 6 / 2 5 9 3 3 FMSI 16879 Workplace Hazard Communication Program for Asbestos This guide has been prepared to assist employers in the implementation of a workplace hazard communication program as required by the Occupational Safety and Health Administra tion's (OSHA) standard on hazard communication {29 CFR 1910.1200). The standard become effective for manufacturers and importers of hazardous chemicals on November 23, 1985, and for all employers on May 25, 1986. Among other things, the standard requires employers to maintain written records documenting certain procedures. That is the area of compli ance focused upon in this guide. Although parts of this guide are responsive to generally applicable provisions of the standard, it is meant to provide specific guidance with regard to asbestos. In an attempt to provide the most thorough advice, OSHA Instruction CPL 2-2.28, which establishes policies and provides clarifications for OSHA inspectors to ensure uniform enforcement of the hazard communication standard, was reviewed in addition to the stan dard itself, and its interpretations and requirements were incorporated into this guide. The hazard communication stan dard and OSHA Instruction CPL 2-2.38 are included as attach ments "A" and "B" respectively. Existing material safety data sheets (KSDS) for asbestos were also consulted, and the views of AIA/NA's Technical Committee and other interested individuals FMS116880 Page 2 among the membership were solicited in the development of this guide. A review of the standard and the instruction for OSHA inspectors which pertains to it indicates that written re cords documenting the following information should be developed and maintained: 1) Material safety data sheet (MSDS); 2) Hazard Warning Label; 3) Procedure used for hazard determination; 4) Plan for maintaining/storing collection; 5) Procedure to follow when MSDS is not received with the first shipment of hazardous chemical; 6) Procedure for employee access to MSDS and other written materials; 7) Plan for reviewing information to update MSDS and hazard warning label; 8) Procedure for informing employees of hazards of non-routine tasks involving chemicals; 9) Procedure for informing outside contract employers of chemical hazards in the workplace; 10) Procedure for obtaining information from outside contractors on hazards of chemicals they will bring into the workplace; ' 11) Designation of a responsible person for: a) evaluation of chemicals; b> labeling of in-plant containers; c) obtaining and maintaining MSDS. The text which follows will address each of the areas enumerated above, with particular emphasis on asbestos where relevant. A model MSDS for asbestos and model language for FMS116881 Page 3 the hazard warning required on labels is included. Employers are encouraged to modify the general suggestions given below to fit more exactly the particular circumstances of their operations. 1. Material Safety Data Sheet Please refer to ATTACHMENT "C" for a model MSDS for asbes tos. In addition, employers must maintain a list of haz ardous chemicals for which there must be data sheets. 2. Hazard Warning Label The OSHA Hazard Communication Standard requires chemical manufacturers, importers and .distributors to ensure that each container of hazardous chemicals which leaves the workplace is labeled, tagged, or marked with the follow ing information: 1) identity of the hazardous chemical, 2) appropriate hazard warning, and 3} name and address of the chemical manufacturer, importer, or other responsible party. In addition, every employer must ensure that each container of hazardous chemicals in the workplace is labeled, tagged, or marked with the identity of the haz ardous chemical it contains and an appropriate hazard warning. The standard defines "container" as "any bag, barrel, bottle, box, can, cylinder, drum, reaction vessel, stor age tank, or the like that contains a hazardous chemical." FMS116882 Page 4 Pipes or piping systems are not considered to be containers. The standard also states that the employer is not to label portable containers into which into which hazardous chemi cals are transferred from labeled containers, and which are intended only for the immediate use of the employee who performs the transfer. Section (f) {3} of the standard states that if a hazardous chemical is regulated by a substance-specific OSHA standard, labels are to be used in accordance with that standard. The OSHA asbestos standard requires the following wording for labels; CAUTION Containers Asbesos Fibers Avoid Creating Dust Breathing Asbestos Dust May Cause Serious Bodily Harm Discussions with OSHA staff indicate that the warning lan guage of the asbestos standard should be used on labels. Written confirmation of this position, as per ATTACHMENT "D", has been requested. 3. Procedure Used for Hazard Determination Because of the very extensive health-related literature on asbestos, a few, authoritative overviews of the subject FMS116883 Page 5 were chosen. These are the Annual Report on Carcinogens published by the National Toxicology Program; the Report to the U.S. Consumer Product Safety Commission by the Chronic Hazard Advisory Panel on Asbestos, (1983); Doll, Richard,and Julian Peto, Asbestos; Effects on Health of Exposure to Asbestos, {1985); Craighead, John E., and Brooke T. Mossman, "The Pathogensis of Asbestos-Associated Disease," 306 New England J. of Med.1446 (1982); and Churg, Andrew, "Current Issues in the Pathologic and Mineralogic Diagnosis of Asbestos-Induced Disease," 84 Chest 275(1983). In addition, existing MSDS's on asbestos were collected and reviewed, and their information was integrated into the format required by the hazard communication standard. 4 Plan for Maintaining/Storing MSDS Collection As MSDS are received from manufacturers, their arrival should be logged in, and then the MSDS themselves can be stored in alphabetical order by substance or by manufacturer, or cross-referenced to both, in a notebook or file cabinet set aside for that purpose. The notebook or file cabinet must be accessible to employees. 5. Procedure to Follow When MSDS Is Not Received With the First Shipment of a Hazardous Chemical Manufacturers are required to supply their customers with FMS116884 Page 6 MSDS for hazardous chemicals in their first shipment of a product following the effective date of the standard, November 25, 1985. However, if an employer does not re ceive a MSDS from his supplier, he must make a documented attempt to obtain it, or he will be liable to citation by the OSHA inspector. This is a strong incentive to log in MSDS as they are received, so that the employer can keep track of them and know which suppliers to contact. In addition, the standard requires employers to maintain a list of hazardous chemicals in the workplace for which there must be data sheets. A simple letter to the supplier along the lines of the model below should be sufficient: Dear _: We have noted that in your shipment to us dated_we did not receive a material safety data sheet (MSDS) as re quired by the OSKA Hazard Communication Standard, 29 CFR 1920.1200, for your pro- , duet . Please forward us a MSDS for this product at your earliest opportunity, or advise us of the reason why a MSDS would not be required. According to OSHA Instruction CPL 2-2.38, employers will not be held responsible for inaccurate information on MSDS supplied by the chemical manufacturer or importer which they have accepted in good faith. FMS116885 Page 7 6. Procedure for Employee Access to MSDS and Other Written Materials MSDS which are received and stored in a notebook or file cabinet in some organized fashion must be made accessible to employees. Written procedures should specify the lo cation and organization of the MSDS in the facility and the terms of their accessibility. They may be freely accessible at the employee's convenience; or accessible during certain hours; or by arrangement with the person responsible for maintaining the MSDS collection. MSDS should always be accessible in the event of an emergency, and the person maintaining them should have a back-up or make some other provision to see to it that this is so. 7.Plan for Reviewing Information to Update MSDS and Hazard Warning Label The OSHA standard not only requires manufacturers to pre pare and supply MSDS to their customers, but also provides that they be reviewed and updated so as to reflect the latest information on a hazardous chemical. This re- 4 quirement can be fulfilled by having the person responsible for maintaining the MSDS collection conduct an annual re view in one of the bibliographic data bases such as MEDLARS or TOXLINE. These data bases are available as an on-line computer service. They can also usually be accessed, or information concerning their use can be obtained, through the reference section of a local library. A list of rele- FMS116886 Page 8 vant data bases can be found in Appendix C of the hazard communication standard. If the manufacturer, importer, or employer becomes aware of any significant, new information, it must be added to the MSDS within three months. 8 Procedure for Informing Employees of Hazards of Non Routine Tasks Involving Chemicals Before a procedure for non-routine tasks can be developed, the non-routine tasks must be identified. These will vary from workplace to workplace. Where asbestos is involved, non-routine tasks may consist of, for example, procedures to follow when ventilation systems are disrupted, emptying and cleaning the filter bags from a ventilation system, or maintaining and cleaning a particular piece of equipment. It is now necessary to identify and set down in writing the procedures which are to be followed in these situations. 9. Procedures for Informing Outside Contractors of Chemical___ Hazards to thefr Employees in the Workplace Outside contractors whose employees will be working at a facility must be apprised of the chemical hazards at the facility, and this procedure must be in writing. The con tractor should be informed of the chemicals to which his employees will be exposed and of appropriate precautions to be taken. This information will, again, vary from workplace to workplace and from contractor to contractor FMS116887 Page 9 depending on the nature of the task involved. 10. Procedure for Obtaining Information from Outside Contrac tors on Hazards of Chemicals They Will Bring Into the Workplace This written procedure is merely the reciprocal aspect of the previous one. The obligation to provide information on hazardous chemicals is one that extends to both the employer and the contractor. For example, an outside contractor may perform sandblasting work or utilize sol vents or cleaning agents which contain hazardous chemicals. A standard paragraph for this purpose could be added to every agreement with outside contractors, along the following lines: The contractor agrees that before commencing performance he will provide the contractee with a list of all hazardous chemicals to be brought to the worksite and of the appropriate safety precautions to be followed with regard to them under the circumstances. 11. Designation of a Responsible Person for Evaluation of Chemicals, Labeling of In-Plant Containers, and Obtaining and Maintaining MSDS While this requirement is self-explanatory, there are some related aspects which should be given consideration. For example, a responsible person should be available at the facility during each work shift in the event that an emer gency arises which requires information on a hazardous FMS116888 Page 10 chemical. These responsible persons, to cover on occaisions when they are not available, should also have back ups. A single, managing responsible person may be desig nated with a number of subordinate responsible persons. FMS116889 REGION I (CT, ME, WIA, NH, RS, VT) Donald Mackenzie, Regional Administrator US Department of labor - OSHA 16-18 North Street 1 Dock Square Building 4th Floor Boston. Massachusetts 02109 . Phone: 617-223-6710 AREA OFFICES Waltham, MA Concord, NH Providence, P.I Sprinpield, MA Augusta, ME Hartford, CT 617-647-8681 603-224-1995 401-528-4669 413-785-0123 207-622-8417 203-244-2294 REGION if (NY, NJ, PR, VI, CZ) Gerald P. Reidy, Regional Administrator US Department of Labor - OSHA 1516 Broadway (1 Astor Plaza) Rm. 3446 New York, New York 10036 Phone: 212-944-3432 AREA OFFICES New York, NY West bury, NY Flushinp, NY Albany, NY Syracuse, NY Buffalo, NY Hato Rey, PR Hasbrouck Fits., NJ Avenel, NJ Camden, No'' Dover, NJ 212-264-9840 517-334-3344 718-445-5005 518-472-6085 315-423-5188 716-846-4881 809-753-4457 201-288-1700 201-750-3270 609-757-5181 201-361-4050 REGION ill (PE, DC, MD, PA, VA, S'V) Linda R. Anku, Regional Administrator US Department of Labor - OSHA Gateway Building Suite 2100 3535 Market Street Philadelphia, Pennsylvania 19104 Phone: 215-596-1201 ARrOFFICES IVi lminpton, DE Philadelphia, PA Pittsburgh, PA Erie, PA Wilkes-Barre, PA Allentown, PA Charleston, WV Harrisburg, PA Baltimore, MD Richmond, VA 302-573-6115 215-597-4955 412-644-2903 814-453-4351 717-826-6538 215-776-4220 304-347-5937 717-782-3902 301-962-2840 804-771-2864 SEP 1985 FMSI 16890 RffiiON SV (AL, fl, GA, KVS. MS, NO, SC, TN) Alan C. HcMillan, Regional Administrator US Department of tabor - OSHA 1375 Peachtree Street, N.E. Suite 587 At 1 anta, Georgia 3036? Phone: 404-881-3013 AREA OFFICES Tucker, GA 404-221-4767 Savannah, GA 912-233-3923 Birmingham, AL 205-822-7100 Mobile, AL 205-690-2131 Columbia, SC Jackson, MS 803-765-5904 601-960-4606 Fori Lauderdale, FL 305-527-7292 Jacksonville, FL 904-791-2895 lampa, FL 813-228-2821 Nas!wills, TN Frankfort, KY 615-251-5313 502-227-7024 Raieipn, NC: 919-755-4770 REGION V CIL, SN, MM, Mi, OH, WS) Frank. Sirasbeim, Regional Administrator US Department cf Labor - OSHA %2m Floor Rh>.3244 230 South Dearborn Street Chicago, Illinois 60604 Phone: 312-353-222Q .AREA OFFICES Calumet City, ft Niles, iL North Aurora, ft Cincinnati, OH Cleveland, OH Columbus, OH tndsanapolis. fW Appleton, WI Eau Claire, if Milwaukee, WI Madison, WS Toledo, OH Minneapolis, UN Peoria, fl. Fie H ev i 1 i e, f L Detroit, Mi 312-891-3800 312-631-8200 312-896-8700 513-684-3784 216-522-3828 614-469-5582 317-269-7290 414-734-4521 715-832-9019 414-291-3315 608-264-5388 419-259-7542 612-349-5994 309-671-7033 618-277-5300 313-226-6720 SEP FMS116891 REGION VI (AR, LA,, NM, OK, TX) Gilbert J. Saul ter Regional Administrator US Department of Labor - OSHA 525 Griffin Street Rra. 602 Dallas, Texas 75202 Phone: 214-767-4731 AREA OFFICES Irving, TX Albuquerque, NM Corpus Christi, Austin, TX Baton Rouge, LA Lubbock, TX Houston, TX Little Rock, AR Oklahoma City, 1 214-767-534? 505-776-3411 512-888-3257 512-482-5783 504-389-0474 806-743-7681 713-750-1727 501-378-6291 405-231-5351 REGION VII (IA, KS, MO, NE) Roger Clark, Regional Administrator US Department of Labor - OSHA 911 Walnut Street Rm. 406 Kansas City, Missouri 64106 Phone: 816-374-5861 AREA OFFICES Kansas City, MO Des Moines, IA Omaha. NB St. Louis, MO Wichita, KS 816-374-2756 515-284-4794 402-221-3182 314-263-2749 31 f>-269-6644 REGION VIII (CO, MT, ND, SD, UT, WY) Byron R, Chadwick, Regional Administrator US Department of Labor - OSHA Federal Building Rm. 1554 1961 Stout Street Denver, Colorado 80294 Phone: 303-844-3061 AREA OFFICES Bi11ings, MT Bismarck, ND ' Denver, CO Salt Lake City, UT 406-657-6649 701-255-4011 303-844-5285 801-524-5080 SEP 1985 FMSI 16892 Russell &,, Swanson, Regional Administrator US Department of Labor ~ OSHA 11349*Federal Building 450 Golden Gats Avenue PO Box 3601? San Francisco, California 94102 'Phone: 415-556-726Q AREA OFFICES Berkeley, CA Long Beach, CA Las Vegas, NV Phoenix, AZ Honolulu, HJ 415-486-3410 213-432-3434 702-388-6163 602-241-2007 808-546-3157 REGION X (AK, IS, OR, WA) James . Lake, Regions'! Administrator US Department of labor - OSHA federal Office Building km. 6003 909 Is- Avenue Seattle Washington 98174 ' Phone: .206-442-5930 .AREA OFFICES Anchorage, AK Bellevue, SSA Boise, ID Portland, OR 907-271-5152 206-442-7520 907-271-5152 503-221-2251 SEP 1985 FMSI 16893 Material Safety Data Sheet Required under USDL Safety and Health Regulations for Shipyard Employment (29 CFR 1915) U.S. Department of Labor Occupational Safety and Health Administration OMB No 1218 0074 Expiration Date 05/31 /86 Section I Manufacturer s Name Address (Number Street. City. State, and ZIP Code) Section ll - Hazardous Ingredlenta Paints, Preservative*, and Solvents Pigments - Chemical Name and Synonyms Trade Name and Synonyms Chemical Family s TLV (Units) Alloys and Metallic Coatings Base Metal Catalyst Vehicle Alloys Metallic Coatings Solvents Additives Others Filler Metal Plus Coating or Core Flux Others Hazardous Mixtures of Othar Liquids, Solids or Qasas v Emergency Telephone Number Formula % TLV (Units) % TLV (Units) Section III Physical Data Boiling Point (F) Vapor Pressure (mm Hg.) Vapor Density (AIR=1) Solubility in Water Appearance and Odor Section IV Firs and Explosion Hazard Data Flash Point (Method Used) Extinguishing Media Special Fire Fighting Procedures Unusual Fire and Explosion Hazards Specific Gravity (H20=1) Percent Volatile by Volume (%) Evaporation Rate =1) Flammable Limits Lei Uel FMS116894 Section V - Health Hazard Data Threshold limit Value FHeels ol Overexposure Emergency First Aid Procedures Section VI - Reactivity Data Stability Unstable Stable Incompatability (Materials to Avoid) Hazardous Decomposition Products Hazardous Polymerization May Occur Will Not Occur Conditions to Avoid Conditions to Avoid Section VII Spin or Leak Procedure* Steps to be Taken in Case Material is Released or Spitted JU. Waste Disposal Method Section VIII - Special Protection Information Respiratory Protection (Specify Type) Ventilation Local Exhaust Mechanical (General) Protective Gloves Other Protective Equipment Section IX - Special Precaution* Precautions to be Taken in Handling and Storing Other Precautions Special Other Eye Protection Pape 2 avt osMA-?r iRe. 3 St FMS116895 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 8 3 7 October 4, 1985 INTEGRALLY MOLDED ORIGINAL EQUIPMENT PADS/AFTERMARKET DRILLED PADS At a recent meeting of the Brake Performance Study Committee, the aftermarket practice of offering riveted disc brake pads for vehicles on which the origi nal equipment material was integrally molded was discussed. In this discussion, it was noted that the Friction Materials Standards Insti tute position is that we list releases in Bulletins and Catalogs showing the materials as provided by the original equipment sources. While most imported vehicles have had integrally molded original equipment pads for some time, there has been a switch by some domestic original equipment vehicles (GM notably) to the use of Integrally molded original equipment pads. The after market has provided riveted pads, and certain sources have provided the drilled steel shoes. While the Institute will continue showing disc brake pads as released by the original equipment source, it is aware that problems have arisen in the re placement market where more than one drilling pattern has been put out in the field. In order to help with this problem, the Committee recommended that the Institute solicit the steel shoe drill patterns of those supplying the after market. It would place in its file the first drill pattern and make that available to other Members in an attempt to reduce the number of patterns in the field and the attendant problems therewith. All steel shoe manufacturers providing drilled steel for riveted pad attach ment are asked to send the Institute the first drill pattern that they actually market. Prior to releasing a new drill pattern for riveted attachment, the Members are asked to check with the Institute to determine if there is an earlier drill pattern on file. Such information will not be distributed in regular bulletins. It will be up to the Member to check with the Institute. The Institute does not have facilities to test the adequacy of drill patterns and will make no formal recommendations. We wish to serve as a clearing house for this information to reduce the proliferation of drill patterns and to avoid difficulties that some have had with conflicting patterns. E. W. Drislane Executive Director Distribution: Delegates and Alternates Regional Members (U.S. Dues) Licensees Brake Performance Study Committee Data Book and Technical Committee FMSI 16896 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 836 October 1, 1985 HISTORICAL SALES PROGRAM The historical sales program continues on a quarterly basis. Regional Members using the Institute's copyrights and trademarks for marketing their products in the United States may participate if they wish. The Institute is requesting details of pieces sold for the first nine months of 1985 - to September 30, 1985. The quantities to be reported are cumulative for the full nine months. Reporting rules remain unchanged. 1. Quantities will be reported in pieces (not units or sets). For roll linings, each foot of length will be one piece. 2. The Accountants will report the names of the Members from whom reports are received. 3. Total pieces in each group will be reported. 4. "Clutch Facings" does not include gear tooth discs, automatic trans mission discs, or the 8-14" diameter (3/16 to 1/2" thick) asbestos composition discs. The Accountants' report will have the same format as that used for the last several reports. The Accountants will list the names of the Members reporting in each product line. The input to the Accountants will be confidential. Totals for each group will be shown and one cannot determine quantities' reported by individual Members. You will be receiving from Marshall Granger & Company, CPA, a form for completing this information. Please return it to: Marshall Granger & Company, CPA 1600 Harrison Avenue Mamaroneck, NY 10543 If you will report, please have your figures in by November 15, 1985. If you do not wish to report these figures, no reply is necessary. Only those reporting figures will receive the industry totals when the data is summarized. A sample form and definitions are attached. E. W. Drislane Executive Director Distribution: Historical Sales List FMSI 16897 KXLilZlIT -'A" STATISTICAL PROGRAM OF THE , FRICTION MATERIALS STANDARDS INSTITUTE, IL-IC. Hail to: Harshall Granger & Co., CPA 1600 Harrison Avenue Hamaroneck, HY 10543 *********************** See instructions for sales to other members. Pieces sold to United States distributors, jobbers, private brands, rebuilders, brake specialists, fleets, mass merchandisers, direct consumers, government agencies, or other customers for use in the United States replacement market; ^ 3 0 1985SEPmouths January i, to Brake linings less than 3/4" nominal thickness (See explanation for roll linings). _______________________ Brake blocks, nominal thickness of 3/4" and over Disc Brake Linings Clutch Facings Total Pieces STATISTICS SUPPLIED BY _________________________________________ Signature Company Telephone Humber FMS116898 EXHIBIT "B" DEFINITION FOR HISTORICAL SALES PIECES The reports will show pieces of friction material, in groups as shown: Group Description Normal Usage Brake Lining Friction materials less than a nominal 3/4" thickness (See note on roll lining) Normally, one piece to a shoe Brake Blocks Disc Brake Linings Friction materials with a nominal thickness of 3/4" and over Friction materials sold (for disc brakes) to be attached to the shoe, or sold as a unit molded, bonded or riveted to the shoe Normally, two pieces to a shoe Normally, one piece to a shoe Clutch Facing Friction materials of annular shape, or segments thereof (See note on clutch buttons) Normally, two annular pieces per clutch plate Note: For roll lining only, consider each foot of length equals one piece. Consider four clutch buttons as one facing. REPLACEMENT SALES TO UNITED STATES MARKET This reporting is for sales to the United States replacement market only. Do not include sales to other markets. This includes sales under the friction material manufacturer's own name or brand name used by the customer, to automotive ware house distributors, jobbers, rebuilders, brake specialists, fleets, mass merchan disers, direct consumers, government agencies or other customers for use in the United States replacement market. When a friction materials manufacturer is shipping to a vehicle manufacturer, brake manufacturer, or clutch manufacturer, but has no reasonable way of determining if the pieces are for original equipment replacement purposes, estimates will not be used - these pieces will not be reported. However, where a friction material manufacturer is shipping to a point known to be used for replacement, or where he stencils or otherwise identifies the pieces as being for replacement purposes, or where the shipments otherwise are obviously known to be for replacement, these pieces will be reported. The member who sells to the type customer or user indicated above will report those pieces sold, even if purchased from another Active Member or Regional Member. When you sell your friction materials to another Member (Active or Regional) do not report those sales. Materials sold to Licensee Members of the Institute for the replacement market should be included. FMS116899 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 835 August 21, 1985 FRICCTONES TECNICAS Y MAQUINADOS, S.A. APPLICATION We have received an application for Regional Membership from: Fricclones Tecnicas Y Maquinados, Calle Venustiano Carranza Manzana 6 Lote 93 Apdo. Postal 92-109 C. P. 08500 D. F. Mexico Mexico S.A. The application was received in good form with the required prepayment of the first year membership fee. That application is now being reviewed by the Membership Committee, which will make its recommendations to the Board of Directors. The Board vote will be final as regards this application. Applicant markets its products -under the "Fritec" name in Mexico. Applicant is interested in rights outside the UnitedStates - primarily the Mexican market. They manufacture disc brake pads and have been in the business since 1977. Financial Statements were forwarded with the application indicating a Net Worth of about US$250,000. Mr. Bernardo Ramis Foster is General Manager of the company. If you have information concerning this applicant that would be of help in evaluating the application, please let us know. The foregoing is sent as a matter of information. E. W. Drislane Executive Director Distribution: Delegates and Alternates FMSl 16900 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 834 August 8, 1985 AMENDMENT OF CONSTITUTION/MEMBER NAME CHANGE The following items are reported to the Membership as a matter of information. AMENDMENT OF CONSTITUTION In BULLETIN NO. 829 of June 25, 1985 the Members were asked to ballot on amending the Institute's Constitution. This related to ARTICLE IX, FEES AND ASSESSMENTS, Section 1, Initiation Fee. Initiation Fees had been required of new Active Members (United States Members) since after the original organization of the Institute. These Fees had not been charged to Regional Members (Non-United States Members). That Bulletin asked if the initiation fee requirement be eliminated for all classes of Members. Of 22 Active Members, 18 cast ballots. Of those cast, 17 favored elimination of the Initiation fee requirement and one ballot was opposed. Based on the two-thirds requirement for amending the Constitution, the initiation fee clause in the Constitution is amended to read as follows: Section 1. Initiation Fee. No initiation Fee shall be charged to or pay able by any Active Member, Regional Member or Licensee. BRASSBESTOS MANUFACTURING NAME CHANGE/BMC CORPORATION We had earlier been advised of the corporate name change for Brassbestos Manufacturing Corporation, an Active Member of the Institute. The Board of Directors voted to accept this change of name on Institute records to BMC Corporation. Mr. Steven Simon continues as Delegate from BMC Corporation. Full address for Member is: BMC Corporation 45 East 5th Street Paterson, NJ 07524 E. W. Drislane Executive Director Distribution: Delegates and Alternates FMSI 16901 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 833 August 2, 1985 EPA "ASBESTOS WASTE MANAGEMENT GUIDANCE" E nclosed is a copy of a pamphlet developed by the Environmental Protec tion Agency (EPA) entitled "Asbestos Waste Management Guidance." Also enclosed is a copy of the letter I received earlier from the EPA's Office of Solid Waste and Emergency Response. In that letter, the EPA advised on the availability of additional copies of the pamphlet. We ordered copies at that time and are now distributing them. Should you need additional copies they are available at $1.00 each from: Superintendent of Documents U. S. Government Printing Office Washington, DC 20402 (Request: EPA Pamphlet "Asbestos Waste Management Guidance," Order No. 055-000-00248-7) It is suggested that this information be sent to the party within your organization with waste management responsibilities. E. W. Drislane Executive Director Distribution: Delegates and Alternates Health and Environmental Affairs Committee Active Members - List B FMSI 16902 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D C. 204G0 JUN 21 1985 Nr. E.W, Friction Route 4, Paramos, Drislane Materials Standards K-10 New Jersey 07652 Institute D e a r K r . 0 r i s I a n e: OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE Enclosed is a copy of a pamphlet entitled "Asbestos Waste Management Guidance" that was developed by the Office of Solid Waste of the U.S. Environmental Protection Agency (EPA). The guidance provides information on the identification of asbestos, removal and containerization practices, and proper transportation and disposal. The pamphlet is intended to assist owners of buildings that contain asbestos, school officials, architects, asbestos removal contractors, industrial generators of asbestos waste, sanitary and hazardous waste landfill owners and operators, and State, local, and regional government officials. The pamphlet is available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C., 20402, at a cost of $1 per copy. The order number is 055-000-00248-7. Because the subject of this guidance may be of interest to the membership of your organization, we have also enclosed an EPA Press Advisory on the guidance for possible inclusion in your organization's newsletter or journal. Sincerely Fine losures -Oi rector Office of Solid Waste FMS116903 ^FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 8 3 2 A August 6, 1985 CAPTIVE INSURANCE COMPANY - QUESTIONNAIRE This is a follow-up to our BULLETIN NO. 832 which was sent to the Member ship on July 16, 1985. The address which we gave in that Bulletin was provided by the Insurance Brokers. However, Kamp Associated moved on July 1. They did not advise me of the change until late in July. This ordinarily would not be a problem, but there is a foul-up at the Post Office. The Post Office apparently is not forwarding the mail. My letter to Kamp Associates at the old address was returned marked: "Return to Sender - No Forwarding Order on File - Unable to Forward." If your re plies are being returned, or if you have hot filed the completed question naire yet, please use the correct address which follows: Kamp Associates The Pavillions at Greentree Suite 308 ; Marlton, NJ 08053 The telephone number remains (609)-596-7812. An additional blank questionnaire form is enclosed if needed to re-file the information. E. W. Drislane Executive Director Distribution: Delegates and Alternates Regional Members (Canada) FMS116904 FIM NWi: ADDRESS: _______________________________________________________________________________________________ CONTACT NAME: ESTIMATED ANNUAL PAYROLL: NUMBER OF YEARS IN BUSINESS INSURANCE INFORMATION (Check appropriate line for each type of coverage) Policy Type Property Automobile General Liability Products Liability Workers Compensation Unbrella Other Standard Insurance large Deductible Program Self Insured Estimated Premiu $ ________ $ $ $ $_ $ $ GENERAL INFORMATION (circle appropriate answer) 1. Do you have a formal structured loss control program? 2. Have you had any asbestos related liability claims? If yes, approximately how many? Number settled__________________ 3. Have you had any asbestos related workers compensation claims? If yes, hew many? Number settled Yes Yes Yes No No No GENERAL CLAIMS EXPERIENCE PAST THREE YEARS (please indicate the number of claims and dollar value; if dollar value is unknown, estimate) Policy Type Year Number of Claims Dollar Value Property Automobile 83-84 82- 83 81-82 83- 84 82-83 81-82 Generail Liability Products Liability Workers Compensation 83-84 82- 83 81-82 83- 84 82-83 81-82 83-84 82-83 81-82 Unbrella 83-84 82-83 81-82 FMSI 16905 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 . BULLETIN NO. 832 July 16, 1985 CAPTIVE INSURANCE COMPANY - QUESTIONNAIRE Because of the difficulties that Members have had In accessing the general lia bility insurance markets, Mr. Jack Carney of Friction Division Products, Inc. was asked to serve as a Committee of one to study a possible captive insurance company for Institute Members. MC. Carney, along with representatives of Kamp Associates# Insurance Consultants, addressed our June 1985 Membership Meeting. Based on the discussion at the Meeting, Kamp Associates was asked to prepare a questionnaire seeking certain claims data which could be used to indicate the extent of the problems in approaching the reinsurance market. In addition, we call your attention to the letter prepared by Mr. Carney asking if Member firms will be willing to join in financing the $10,000 to $12,000 anticipated cost of this research effort. As this questionnaire is being sent to Canadian as well as United States Members, it is asked that all dollar figures be in United States dollars at the July 1, 1985 United States dollar/Canadian dollar equivalent. Attachments with this Bulletin are: 1. Mr. Carney's Report: "Offshore Captive Insurance Proposal" 2. Mr. Carney's letter of June 25, 1985 3. Insurance Data Form Based on the importance of this study, we ask that the Delegate to whom this Bulletin is directed, "walk this form" through his company so that it can be re turned to the Insurance Consultants as soon as is reasonably possible. I will be giving the consultants a list of those to whom this mailing is made, and you could be contacted by someone from Kamp Associates. Please return the completed questionnaire to: Kamp Associates One Greentree Center - Suite 201 Marlton, NJ 08053 (Telephone: 609-596-7812) If you contact the consultants, please direct inquiries to either Mr. Bruce Allen or Mr. Lee Penman. Distribution: Delegates and Alternates Regional Members (Canadian) E. W. Drislane Executive Director FMS116906 JUN 2 0 1985 OFFSHORE CAPTIVE INSURANCE PROPOSAL Presented by John J. Carney FMSI 16907 l- (June 18, 1985 Dear Members, At the 1984 annual meeting of the Friction Materials Standard Institute, it was determined that many of the members of the Institute were having problems obtaining General Liability .Insurance. Some of the members that were not having problems with , obtaining the insurance, were having problems with the price they had to- pay for that coverage. In either event it appeared that there was considerable interest in investigating the possibility of.either a Group. Insurance Plan or a Captive Insurance Company. - Stewart Cummins, the acting President, and myself agreed that I ;would look into the forming of a Captive Insurance Company or an ^Association Program. Throughout the past year I have investigated Mandf>;; reviewed botfe avenues' and have obtained what I believe to be f$a|t seasonable* evaluation of. the insurance situation as it pertains 'fv^^.the members? of; F.M.S.I. , / . ..... ' I would like to reduce to writing all the information that I have obtained in this investigation, however it would require a minimum of a thousand pages to include even the most important items. Therefore this summary is intended only to be a "summary" of the Captive Insurance Company as it would pertain to the F.M.S.I. members. Should a member have a question regarding insurance or regarding the Captive Insurance Company they can direct it to the professionals that I used in order to determine the route we should take to solve our current insurance problems. The first step was to determine exactly what an Insurance Captive or an Offshore Captive Insurance Company was. It is so developed that a Captive Insurance Company is no different than any other insurance company that is duly organized in any State of the Union. The only difference between a Captive Insurance Company and a public insurance company is that one seeks to sell insurance to the general public and the other holds the risk for a small group or maybe even only the Stockholders themselves. The purpose of organizing a Captive Insurance Company, Offshore, is simply to circumnavigate many of the requirements of the States in which the Captive would be organized. The major requirement to be avoided is that of the reserves or initial capital investment that is required for the start up an insurance company. In many States the initial reserve is several million dollars and at minimal it is $900,000.00. In conjunction with Kamp Associates of Cherry Hill, N.J., I determined that it was necessary for us to obtain the services of someone -who was familiar with the organization of Captive Insurance Companies. We began to look for experts in the area of Captive Insurance Companies and found that there were only a handful in the entire country. We visited Risk Management in Connecticut in order to seek advice from them as to how to go about forming an insurance company. They informed us that it FMS116908 would first be necessary to perforin a study to determine what the risk would be for the Captive if it insured the membership. Traditionally the purpose of this study has been to come up with actuarial figures for the industry involved to determine that there will be a certain number of participants, a certain number of claims and X amount of losses. After determining the losses involved, then it could be determined the amount of premium that each; participant would' have to pay. However in the case of the F'.MT.S.I. members, it became apparent that asbestos related claims mere in a category much different than other types of losses. Since this was -the case, it was farther determined that an ? exhaustive study that cost in excess of $40,000.00, may not yield anything other than an "I don't know*. For this reason, we 4 elected; to survey the F.M.S.I. members in order to determine *.hicf|. members would be interested. I'H-A < - : 40.. J*&,: *.? < , m .. ^i , , `' . ; . In August of 1984 we mailed to all the F.H.S.I. members, asking the members to indicate there loss history, premiums and all other pertinent information. The results of this survey showed that very few members of the Institute were actually prepared to give the information or participate in the program. Therefore there was no need to go thru an exhaustive study as there was not a large enough group to hold the risk within the frame work of the Captive Insurance Company. Pursuant to this, we determined that the only possible alternative for those members who were interested was to obtain other participants in the program outside the industry or seek reinsurance for the risk. It became apparent after contacting many companies and reinsurance companies, that there was no reinsurance company in the world that would under write the risk if it included asbestos related problems. Virtually dejected at this point, we determined that the only benefit that the members could obtain would be that of obtaining General Liability insurance that excluded asbestos related claims. We were even more surprised at this point to find that there were no conventional insurance companies and only few reinsurance companies that would consider writing reinsurance with the asbestos exclusion. This was primarily due to legal implications and the insurance companies lack of faith in exclusions in general. Despite these problems, if a member of the F.M.S.I. cannot get any insurance what-so-ever, then providing him with insurance, even with the asbestos exclusion would still be a benefit. In addition, there was also the possibility for the captive insurance company to provide the member with a legal means of making reserves for the future asbestos related claims. The most recent Federal Rulings have concluded that a company could not legally deduct or make reserves for anticipated losses.In short, you are not allowed to reserve money for future claims, you can FMSI 16909 only deduct claims that are made within the reporting year. A captive insurance company could write a policy on a claims-paid basis and allow a participant to legally deduct the premiums paid to the captive insurance company. This alone seemed to be of great value if there was no other alternative for a particular member. Our attempts to involve other industries in the participation of this program were very fruitful as far as initial enthusiasm. Problems were only encountered when there was no specific program to offer the people that had made inquires. We ran into many people in many industries that had problems because they either currently, or in the past had used asbestos products and as a result were unable to obtain General Liability insurance. Many of these companies had only had a minor portion of their product or a minor portion of there business involved with asbestos. An example is, a boiler manufacturer who lined the interior of his boiler with asbestos. Upon finding that he used asbestos in his manufacturing process, the insurance company indicated that they would renew his policy with the rates being three times higher than the previous year and an absolute asbestos exclusion. We also encountered people such as asbestos removal contractors that encountered problems beyond what the Friction Materials manufacturers have ever seen. Asbestos removal contractors as a group, approached insurance companies and were told that they could be insured but the conditions would be a $50,000.00 deductible, no expense would be paid for legal defense and the rate would be 18% of gross sales. Surely no one in our industry could afford to include in the cost of sales, insurance premiums representing 18% of gross sales. Coupled with the problems of the asbestos industry in general was also the radical change of the insurance market. Insurance companies for several years have been losing money and most recently have changed their attitude as to what they will write and at what price they will write the coverage. This has lead to radical increases in insurance premiums for many industries even if the industries are not plagued with the problems of asbestos. It is most likely that most of the members would see a large increase in premiums even if they were no longer making asbestos products. Our discussions with other industries yielded a perspective of the asbestos problem that I think most members of F.M.S.I. have not really seen. The insurance industry views asbestos as a nuclear bomb that is waiting to go off. They are so unsure of the cost of asbestos risk that they would rather liquidate the company than write a policy. As soon as the word "asbestos" was included in the application, insurance companies acted as though they wished they had never seen the application, let alone write a policy. FMS116910 Although it would seem that an industry captive would be a highly risky venture, the experience that most brake manufacturers have occurred is not that bad. Losses due to asbestos insulation and other products, far exceed the losses that are incurred by Friction Material manufacturers. In fact. Friction Material manufacturers have experienced losses less than a number of industries that insurance companies regularly underwrite. All factors considered, I have to recommend that the Friction Material -Standard Institute form a captive insurance company. This company could not possibly solve all the problems that the members are currently experiencing, however, it could reduce those problems for some and almost eliminate them for others. It would allow the members to buy a claims paid policy, where the cost of the policy is determined by the claims that are paid out during the policy period. If that particular company had no claims, then there would be no cost for the policy, yet premiums paid for that policy would be tax deductible. In essence, it is a transfer of what was formally called reserves, to insurance premiums that can be recovered at a later date. Should insurance or reinsurance become available at some point in time for asbestos related claims, the captive would be in a position to best know about and place the coverage that we as members need. The cost of instituting the captive insurance company would be approximately $125,000.00. This cost would not be excessive if divided among ten or fifteen members of the Institute. I would estimate that many of the members could save several times that amount in one year, either in tax savings or premium reduction. The Institute should pole the members and determine which members are willing to provide $10,000.00 for the development and implementation of a captive insurance program. If more than ten members are responsive and actually provide the funds, then a captive can be instituted. If less than ten members do not wish to participate, then the program should be abandoned. If a further explanation is required by any member of the captive insurance question, then they should contact Bruce Allen /at Kamp Associates, One Green Tree Center, Suite 201, Marlton, N.J. 08053 PHONE-AC (609) 596-7812. FMSI 16911 Ttiction 'ftiwlion fttodluctl, Dnc. Formerly Thiokoi Friction Division P.O. Sox 5627 N, Enterprise Avenue Trenton, New Jersey 08638 (609) 396-6500 JUN 25 1985 Dear FMSI Member: ~ You may recall that in the summer of 1984 I was appointed to head up the insurance committee as it related to products liability insurance and the potential of developing a captive insurance company for our association. At this years annual FMSI meeting in Hyannis, Mass. I reported to the delegates on my research over the past year and made a recommendation to pursue, the captive as quickly as possible. With support from the associa tions and its delegates we hope to proceed as follows. In conjunction with Kamp Associates, Inc. an independent insurance agency, and Wilson, Elser, Moskowitz, Edelman and Dickey, an international law firm that specializes in captive insurance company formations and asbestos litigation, we will attempt to negotiate reinsurance for the captive. It's important to note that Kamp Associates will be working on an hourly fee basis with no commissions generated from any product sold or secured for the captive. In view of this your existing insurance brokers can deal with Kamp^to have any questions answered by them. In order to provide the reinsurer with statistical data I have attached a questionnaire for completion. Please forward this back to Kamp Associates for processing as soon as possible. This information will only be used . to give the reinsurer a feel for the premium base and past lost history- of the associations members. The response of the reinsurance market will then determine how we proceed and what type of insurance policies the captive will issue: 1. All lines - Property, Workers Compensation, General Liability, Automobile, Umbrella. 2. Cl. including asbestos coverage 3. GL with absolute asbestos exclusion 4. Defense reimbursement coverage for asbestos 5. Asbestos claim fund Concerning the funding of this research effort the anticipated cost is $10,000- $12,000. Three members have already agreed to share the costs and the total will be divided equally among the eventual financial supporters. Please advise Kamp if your firm would be willing to finance this research effort. FMSI 16912 2- - Again I want to thank the members for their interest in the Captive Insurance Company proposal and I look forward to reporting back successfully on our efforts. _ '. ~ Yours truly, : FMS116913 FIRM .NAME: ADDRESS: __________________________________________________________________________________________________________ CONTACT NAME: ESTIMATED ANNUAL PAYROLL: ______ NUMBER OF YEARS IN BUSINESS INSURANCE INFORMATION (Check appropriate line for each type of coverage) Policy Type Standard Insurance Large Deductible Program Self Insured Estimated Premil Property Automobile General Liability Products Liability Workers Compensation Unhrella Other ________ ________ ________ ________ ________ ________ ________ ________ ________ ________ ' ________ ________ ________ ________ _______ ________ ________ ________ ________ ________ ________ $___________________ $ $___________________ $ $ $ $ GENERAL INFORMATION (circle appropriate answer.) 1. Do you have a formal structured loss control program? 2. Have you had any asbestos related liability claims? If yes, approximately hew many? Number settled 3. Have you had any asbestos related workers compensation claims? If yes, how many? Number settled________________________ Yes Yes Yes ~ No No No GENERAL CLAIMS EXPERIENCE PAST THREE YEARS (please indicate the number of claims and dollar value; if dollar value is unknown, estimate) Policy Type Year Nutiber of Claims Dollar Value Property Automobile 83-84 82-83 81-82 83-84 82-83 81-82 General Liability 83-84 82-83 81-82 Products Liability 83-84 82-83 81-82 Workers Compensation 83-84 82-83 81-82 Uribrella 83-84 82-83 81-82 FMS116914 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 831 July 2, 1985 ASBESTOS CLAIMS FACILITY On May 1, 1985 the Institute advised on the establishment of an "Asbestos Claims Facility" by a group of asbestos producers and insurance companies. More details on this claims facility were described recently in the WALL STREET JOURNAL. A copy of the article from the Journal is enclosed. An item of interest is that the article states that claims facilities will be set up early next year in Boston and San Francisco. Earlier it had been projected that the facilities would be open this year. The May 1, 1985 Bulletin and press release more fully described establishment of the facility. The foregoing is for your information. E. W. Drislane Executive Director Distribution: Delegates and Alternates FMS116915 WALL STREET JOURNAL, JUNE 21, 1985 Fifty Asbestos Makers, Insurance Firms Reach Agreement on Claims Facilities By Jonathan Dahl fer a fair settlement, people will go right back to the courts." stuff Itrportcr o/Thk Wai.l Sthkkt Journal The facilities will be funded by the in F'lfiy asbestos producers and in surance companies to settle their policies surance companies reached a definitive with the producers. The amount of cover agreement to open claims facilities to age that will be available runs into the bil eventually pay billions of dollars to as lions of dollars over the next several years. bestos victims. The insurers also agreed to pay $15 million The agreement, which first was an a year to run the facilities. nounced tentatively by a smaller number The agreement ends a bitter dispute be of companies last year, marks a major tween the producers and the insurers over step toward resolving some 30,000 as the liability of asbestos claims. Asbestos bestos-related lawsuits. In addition, it par related diseases often don't show up for tially settles a multibillion lawsuit be many years after exposure, so many in tween four producers and about 75 in surers couldn't agree which company was surers that recently went to trial in San liable for which producer. Several lawsuits Francisco. have been filed over the matter, and some But the agreement is far from a final were consolidated into the case in San resolution of all personal-injury asbestos Francisco. matters. Several major former asbestos To resolve the issue, the insurers com producers and insurers, includingManville promised essentially by agreeing to divide f'nrp. and Travelers Insurance Co., haven't their payments based on the length of their !'-med. In addition, attorneys for victims policies' coverage. said they may challenge it. Several major insurers and former as "This doesn't make the problem go bestos producers are included in the agree awav. but it provides a basis for resolving ment. including Aetna Life & Casualty Co., it," said Scon Gilbert, an attorney m Lloyds of London. Fireman's Fund Inc., Washington. D.C.. who helped negotiate Pittsburgh-Coming Corp. and U.S. Gypsum the agreement. * Co. But Manville. once the nation's largest Under the agreement, the companies will set up claims-handiing facilities early next year in Boston and San Francisco. Those facilities will seek to settle lawsuits brought by individuals claiming they con tracted various respiratory diseases from exposure to asbestos products. Asbestos is a mineral once widely used for building and pipe insulation. The claims offices will handle disputes similar to the way 'insurance claims are handled, attorneys said. Although the of fices won't be open until next year, some asbestos claims could begin to be filed as early as next fall, attorneys added. asbestos-products maker, hasn't joined thp agreement because it is still facing legal complications from its bankruptcy-court proceedings. It has been protected from creditor lawsuits under Chapter 11 of the federal Bankrutpcy Code since August 1982. In addition, several major insurers that didn't agree with the compromise for re solving asbestos claims aren't included. Some have said, however, that they will consider joining the agreement later. ``We're not opposed to the concept," said George McKeon. counsel for Travelers In surance. "We just don't agree on how they're interpreting the policies." The facilities' goal is to avoid the costly Some attorneys for asbestos victims and lime-consuming litigation that has said the agreement might hurt their cli plagued asbestos cases for years. About il ents. Currently, asbestos claimants settle billion has been spent on such cases in the cases separately with as many as 20 pro past 10 years, but only a third of that has ducers. often for amounts higher than they gone to victims while the rest has gone to would receive in joint settlements. But the attorneys, according to some recent stud agreement calls for the companies only to ies. But the facilities won't block anyone settle court cases jointly. from proceeding with or initiating litiga "This could be challenged on antitrust tion if they are unhappy with the facilities' grounds." said Fred Baron, a Dallas attor offer. ney for asbestos victims. But he also called "That's what provides a check on the the agreement a "step in the right direc l.icility." said Mr. Gilbert. "If it doesn't of- tion." _____ FMSI 16916 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 830 July 2, 1985 HISTORICAL SALES PROGRAM The historical sales program continues on a quarterly basis. Regional Members using the Institute's copyrights and trademarks for marketing their products in the United States may participate if they wish. The Institute is requesting details of pieces sold for the first six months of 1985 - to June 30, 1985. The quantities to be re ported are cumulative for the full six months. Reporting rules remain unchanged. 1. Quantities will be reported in pieces (not units or sets). For roll linings, each foot of length will be one piece. 2. The Accountants will report the names of the Members from whom reports are received. 3. Total pieces in each group will be reported. 4. "Clutch Facings" does not include gear tooth discs, automatic trans mission discs, or the 8-14" diameter (3/16 to 1/2" thick) asbestos composition discs. The Accountants' report will have the same format as that used for the last several reports. Based on resolutions at the June 1984 Meeting, the Accountants will list the names of the Members reporting in each product line. The input to the Account ants will be Confidential. Totals for each group will be shown and one cannot determine quantities reported by individual Members. You will be receiving from Marshall Granger & Company, CPA, a form for completing this information. Please return it to: Marshall Granger & Company, CPA 1600 Harrison Avenue Mamaroneck, NY 10543 If you will report, please have your figures in by August 15, 1985. If you do not wish to report these figures, no reply is necessary. Only those reporting figures will receive the industry totals when the data is summarized. A sample form and definitions are attached. Distribution: Historical Sales List E. W. Drislane Executive Director FMSI16917 EXHIBIT rA' STATISTICAL PROGRAM OF TOE FEICTIOH MATERIALS STANDARDS INSTITUTE, IIIC. Hail to: Harshall Granger & Co., CPA 1600 Harrison Avenue Mamaroneck, NY 10543 ft ii k 0c k >'* ),* * k k k k k k & k k k :V k k k See instructions for sales to other members. Pieces sold to United States distributors, jobbers, private brands, rebuilders, brake specialists, fleets, mass merchandisers, direct consumers, government agencies, or other customers for use in the United States replacement market: HOlfTOS JANUARY 1, to JUU 3 0 brake linings less than 3/4" nominal thickness (See explanation for roil linings). ________________________ Brake blocks, nominal thickness of 3/4" and over Disc Drake Linings Clutch Facings USE REPORTING FORM TO BE SENT BY ACCOUNTANTS Total Pieces STATISTICS SUPPLIED 3Y _______________________________________ Signature Company Telephone Number FMS116918 EXHIBIT "B" DEFINITION FOR HISTORICAL SALES PIECES The reports will show pieces of friction material, in groups as shown: Group Description Normal Usage Brake Lining Friction materials less than a nominal 3/4" thickness (See note on roll lining) Normally, one piece to a shoe Brake Blocks Disc Brake Linings Friction materials with a nominal thickness of 3/4" and over Friction materials sold (for disc brakes) to be attached to the shoe, or sold as a unit molded, bonded or riveted to the shoe Normally, two pieces to a shoe * Normally, one piece to a shoe Clutch Facing Friction materials of annular shape, or segments thereof (See note on clutch buttons) Normally, two annular pieces per clutch plate Note: For roll lining only, consider each foot of length equals one piece. Consider four clutch buttons as one facing. REPLACEMENT SALES TO UNITED STATES MARKET This reporting is for sales to the United States replacement market only. Do not include sales to other markets. This includes sales under the friction material manufacturer's own name or brand name used by the customer, to automotive ware house distributors, jobbers, rebuilders, brake specialists, fleets, mass merchan disers, direct consumers, government agencies or other customers for vise in the United States replacement market. When a friction materials manufacturer is shipping to a vehicle manufacturer, brake manufacturer, or clutch manufacturer, but has no reasonable way of determining if the pieces are for original equipment replacement purposes, estimates will not be used - these pieces will not be reported. However, where a friction material manufacturer is shipping to a point known to be used for replacement, or where he stencils or otherwise identifies the pieces as being for replacement purposes, or where the shipments otherwise are obviously known to be for replacement, these pieces will be reported. The member who sells to the type customer or user indicated above will report those pieces sold, even if purchased from another Active Member ot Regional Member. When you sell your friction materials to another Member (Active or Regional) do not report those sales. Materials sold to Licensee Members of the Institute for the replacement market should be included. FMSI 16919 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 829 June 25, 1985 PROPOSED AMENDMENT OF CONSTITUTION AND BY LAWS - INITIATION FEE At the recent meetings of the Board of Directors and the Membership, a suggestion was made that Constitution ARTICLE IX, FEES AND ASSESSMENTS, Section 1, Initia tion Fee, be deleted. This Section reads as follows: Section 1. Initiation Fee. The initiation fee payable upon admission to the Institute shall be $1,000.00 except that any Member elected to membership as a Charter Member by the incorporators at their first meeting shall not be required to pay any initiation fee. No initiation fee shall be charged to or be payable by any Regional Member or by any Licensee. The initiation fee has only applied to Active Members (United States Members). It was an inducement in 1948-49 when the Friction Materials Standards Institute was being organized to attract certain United States manufacturers into full Membership in the Institute. The need for this inducement expired many years ago. In addition. Regional Members (non United States Members) were never required to pay the initiation fee, while Active Members (United States Members) were re quired to make this payment. Originally, Regional Members had rights to the Institute's copyrights and trademarks outside the United States. During the 1970's Regional Members were granted the same rights as Active Members if they paid the same higher dues level of the Active Members. Since that time Regionals have had essentially the same rights, but only Active Members were required to pay the Initiation Fee. Still further, during the negotiation time with those considering Active Member ship, there have been cases where the delay in payment of the Initiation Fee postponed collection of the Membership Fee by 6 or 9 months, effectively costing the Institute more in lost Dues money than realized from the Initiation Fee. A ballot is enclosed for amending the Constitution to eliminate the requirement of an Initiation Fee for any Member - Active Member, Regional Member or Licensee. Would the Delegate please complete the ballot and return to the Institute. A return envelope is enclosed with the Delegate's copy only. If the Alternate knows the Delegate will not be able to vote, it is asked that the Alternate re turn a completed ballot. Delegates and Alternates E. W. Drislane Executive Director FMSI 16920 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 MEMBER ' S BALLOT Friction Materials Standards Institute East 210 Route 4 Paramus, NJ 07652 Subject: Amendment of Constitution ARTICLE IX, FEES AND ASSESSMENTS, Section 1, Initiation Fee 1 Gentlemen: My vote as regards eliminating the Initiation Fee requirement for Active Member (United States Member) Applicants, by amending said Section to read as follows, is: Section 1. Initiation Fee. No Initiation Fee shall be charged to or be payable by any Active Member, Regional Member or Licensee (effective July 1, 1985). - IN FAVOR OF AMENDMENT TO READ AS ABOVE () DISAPPROVE SUCH AMENDMENT (____ ) By: Company: Date: FMS116921 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 828 June 11, 1985 MEMBERSHIP ACTIVITY This is to advise the Membership that applications for Membership have been re ceived from two manufacturers: Tappa Enterprises, Inc., of Tappahannock, Virginia, and Satisfied Brake Products, St. Laurent, Quebec, Canada. TAPPA ENTERPRISES, INC. Tappa Enterprises has applied for Active Membership in the Institute. Tappa Enterprises, Inc. P. 0. Box 1139 Tappahannock, VA 22560 Mr. Louis Carreras is President of Tappa Enterprises. Mr. Carreras has been in the brake lining business since the 1960's with Forcee Manufacturing and Virginia Friction Products. Tappa manufactures and sells disc brake pads for passenger cars and light trucks. Tappa Enterprises has been operating for two or three years in the disc pad market. Their application was received with the required fee and will be reviewed by the Board of Directors at the meeting on June 18, 1985. This application will be subsequently balloted by the Membership. SATISFIED BRAKE PRODUCTS, INC. Satisfied Brakes has applied for Regional Membership in the Institute. Satisfied Brake Products, Inc. 2745 Duchesne Street St. Laurent, Quebec H4R 1H9 Canada Mr. Stewart Kahan is President of Satisfied Brake Products. Satisfied manufactures disc brake pads and disc brake plates. They market pads and lined drum brake shoes as well as other brake products. Satisfied Brake has been in the friction materials business since 1981. Their application was received with the required fee pre payment . The application will be reviewed by the Board of Directors at its meeting on June 18, 1985. If a Member has information which he feels is relevant to these applications, please send it to the Institute. E. W. Drislane Executive Director Delegates and Alternates FMSI 16922 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 8 2 7 May 21, 1985 LICENSEE APPLICATION FROM LUCAS INDUSTRIES, INC. This is to advise the Membership that we have received a Licensee applica tion from: Lucas Industries, Inc. 5500 New King Street Troy, Michigan 48098 Lucas Industries is part of the worldwide Lueas-Girling Company headquartered in Great Britain. Lucas Industries in the United States is an original equip ment manufacturer of brake shoes used'on certain Ford medium to heavy trucks. These are the shoes with FMS 542, 543 and 544 assignments (15 x 5, 15 x 6, 15x7 sizes). These shoes are manufactured at the Lucas Industries Truck Brake Division outside of Cincinnati, Ohio. Lucas-Girling also markets brake parts for im ports in the United States. They also purchase pads from certain Members. Based on their brake shoe manufacturing, they would be eligible for Licensee Membership in the Institute. Their application is now being reviewed by the Memhership Committee. If any Member wishes to comment on the Lucas Industries qualifications for Licensee Membership, we will forward that information to the Board of Directors before the application is submitted to them. The foregoing is for your information. E. W. Drislane Executive Director Dis tribution: Delegates and Alternates FMSI 16923 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 8 2 6 May 21, 1985 CERTAIN NON-MEMBER FRICTION MATERIALS MANUFACTURERS The Institute has been advised that there are three non-member manufactur ers of disc brake linings who may be using the FMS and FMSI trademarks and the copyrighted materials Including FMSI Numbers in marketing their products. If that is the case, those manufacturers are infringing on our trademarks and are in violation of our copyrights. The three manufacturers are: Tappa Enterprises P. 0. Box 1139 Tappahannock, VA 22560 Satisfied Brake Products 2745 Duchesne Street Saint Laurent, Quebec H4R 1H9 Fasa Friction 4035 K Cote de Liesse Saint Laurent, Quebec If in the course of your business you come across any sales literature including price lists or cross reference runs showing these manufacturers using the FMS and FMSI trademarks or the FMSI Numbers, would you please send the Institute a copy. Ue will not disclose the source of any such literature. Before contacting these manufacturers, I need proof of the unauthorized use of our numbers. E. W. Drislane Executive Director Distribution: Delegates and Alternates Regional Members (U.S. Dues) FMSI 16924 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 825 May 16, 1985 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA) NOTICE OF PROPOSED RULEMAKING FOR STANDARD 135 - PASSENGER CAR BRAKE SYSTEMS On May 10, 1985, the National Highway Traffic Safety Administration (NHTSA) published its notice of proposed rulemaking for an entirely new brake systems standard. This would be Standard 135, Passenger Car Brake Systems, and it would replace Standard 105, Hydraulic Brake Systems. NHTSA states that the new Standard would differ significantly from DOT 105, while attempting to maintain certain requirements with different less time consuming tests. The proposed Standard 135 bases certain of its requirements for harmonization with the procedure developed by the United Nations Economic Commission for Europe (ECE). In addition, the proposed Standard emphasizes "adhesion utilization" which is an attempt at preventing premature lock-up on various road surfaces, emphasizing avoidance of rear wheel lock-up. Standard 135 would drop one main section of DOT 105 dealing with wet recovery characteristics. They state that with 100% front disc brake usage as original equipment on passenger cars sold in the United States, this requirement is no longer relevant. There is an option to omit the burnish. Certain tests at 30 MPH would be dropped. This is a completely new Standard, and NHTSA is asking for comments by October 7, 1985. The changes included in proposed Standard 135 would be effective 30 days after the final rule is published. At that time optional compliance with the new Standard instead of DOT 105 would be permitted. The proposed effective date for mandatory compliance would be September 1, 1991. It is noted that like DOT 105 the new Standard would be a brake systems standard for passenger cars. Vehicle manufacturers would certify compliance as in the past. The Institute's Brake Performance Study Committee will be asked to review this proposed Standard to determine if comments would be appropriate. The foregoing is sent as a matter of information. E. W. Drislane Executive Director Distribution: Delegates and Alternates Brake Performance Study Committee Regional Members (U. S. Dues) FMS116925 FEDERAL REGISTER May 10, 1985 - National Highway Traffic Safety Administration Standard 135, Passenger Car Brake Systems - Proposal 49 CFR Part 671 }Doc.ket Mo. 85-06; Notice 11 Federal Motor Vehicle Safety Standards; Hydraulic Brake Systems; Passenger Car Brake Systems ABEKCY: National Highway Traffic R- fety Administration (NHTSA), DOT action: Notice of proposed ruienmkin; SUMMARY: This notice proposes a new Standard No. 135, Passenger Car Brat , Systems, which would replace Standard No. 105, Hydraulic Brake Systems, a-- it applies to thal vehicle type. The nev standard would differ from the exist-ny one primarily in that it contains a revised and shortened test proccdun based on a draft harmonized international procedure developed h- the United Nations Economie Commission for Europe (ECE) NUTS'* believes that the new standard would ensure the same level of safety for the aspects of performance covered by Standard No. 105, while improving safety by addressing some additional safety issues. The standard would make it easier for manufacturers to build the same braking systems for installation in cars to be sold in different parts of the world, thereby resulting in cost savings. Compliance costs would also be reduced by the shorter test procedure. . DATES: Comments must be received on or before October 7,1985- The proposed changes in the Code of Federal Regulations would become effective 3n days after publication of a final rule in the Federal Register, at which time optional compliance with the new standard instead of Standard No. 105 would be permitted. The proposed effective date for mandatory compliance with the new standard is September 1. 1991. ADQRESSES: Comments should refer to the docket and notice numbers and be submitted to; Docket Section, Nations! Highway Traffic Safety Administration. 400 Seventh Street, SYV,, Washington, D.C. 20590. Docket hours are 8 s.m. to 4 p.m,, Monday through Friday. FOR further information contact: Mr Duane Perrin, Office of Vehicle Safety Standards. National Highway Traffic Administration, 400 Seventh Street, SW,, Washington. D.C. 20590 {202-426-2800}. supplementary information- Background Over the past several years, N! iTSA hsa had e policy of reviewing its Federal motor vehicle safety standards to assess the current effectiveness of and necessity for each of those standards. Efforts to identify ineffective or unnecessarily burdensome provisions have taken several courses. The agency its own has initiated c vur;ei> of rulemaking actions to modify or eliminate such provisions while preserving the safety goals of the affected standards. The agency has also worked with international standards Indies to revise some of its standards ihiough ihe harmonization process. This rulemaking action, which relates tr the brake requirements for passenger < a-s. grow out of that process. As the aoiomotive industry- has become an increasingly worldwide industry, interest in international harmonized standards has increased. With harmonized standar ds, mmiuiucturers can build the saw product to sell in different parts of!!: -- tM Significant cost savings can U hr-ved ie area! nl vehicle design, produt tmn. inventory and certification. Harmonization takes on additional importance under the Trade Agreements Act of 1979. That Act provides that Federal agencies may not engage in siandards-relaled activity which creates unnecessary obstacles to the foreign commerce of the United States. In developing standards, agencies are required to take into consideration international standards and, if appropriate, base the standards on international standards. However, agencies are not required to base standards on international standards if it would be inappropriate to do so for reasons of safety. Over the past several years, the United Nations Economic Commission for Europe (ECE) has worked toward developing an international harmonized brake standard for passenger cars. As a member of ECE, the United States has participated in that work. This notice proposes a new Standard Nc. 135, Passenger Car Brake Systems winch would replace Standard No. 105. as it applies to that vehicle type. The new standard differs from the passenger car provisions of Standard No. 105, Hydraulic Brake Systems, primarily in that its test procedure would be shorter. Standard No. 105 incorporates a very lengthy and complex test procedure, much of which consists of various conditioning procedures. The new test procedure is based on a simplified one developed during the ECE harmonization process. The agency believes that the proposed standard would ensure the same level of safety for the aspects of performance covered by Standard No. 105, while improving safety by addressing some additional aspects of performance. Like Standard No. 105, the proposed standard would specify requirements for sendee brake effectiveness, fade and recovery, partial syslem failure, parking brakes, and equipment integrity. For the first time, the agency would establish adhesion utilization requirements, for the purpose of ensuring stability during braking under all conditions of traction including wet roads. Untike Standard No. 105, the proposed standard would not include water recovery requirements. As discussed below, the agency tentatively concluded that water recovery requirements can be eliminated since they are not necessary for disc brakes and all passenger cars now sold in the United States have fron' disc brakes. In developing this proposal. NHTSA carefully evaluated a proposed harmonized test procedure and tentative performance requirements developed by an ad hoc committee of the F.CE, as well as Standard No. 105. Performance data for vehicles tested according to these two procedures, and various other available data were also evaluated. Evaluation of any braking standard must include consideration of two maioi components: the lest procedure and actual performance requirements. The test procedure of a braking standard consists primarily of numerous stops under various test conditions. Single vehicles are required to be capable of going through the entire test procedure while meeting Specified performance requirements, e.g., stopping distances. To the extent that the ECE draft harmonized test procedure adequatelyaddressed aspects of performance covered by Standard No. 105, the agency tentatively adopted the ECE draft procedure for the proposal. Where the ECE draft contained requirements addressing aspects of performance not covered by Standard No. 105, the agency evaluated the appropriateness of proposing such requirements. Finally, where the ECE draft did not cover aspects of performance subject to the requirements of Standard No. 105. the agency evaluated the appropriateness oi retaining or deleting such requirements. During this process, the agency recognized that major deviations from the ECE draft harmonized test procedure, other than ator near the end. could reduce the usefulness of teat data accumulated from testa run according to that procedure, for purposes of harmonization. Aa a vehicle goes through the test procedure, there are cumulative effects on the vehicle's braking performance. If NHTSA were to adopt a standard with major changes in the early part of the harmonized lest procedure, the rest of the test procedure might no longer be comparable in terms of stringency to the original ECE draft. To the extent that changes are made only at or near the end of the harmonized procedure, the earlier pans of the test procedure remain comparable. In considering specific performance requirements, the agency largely foci < on the current levels established by FMSI 16926 19746 Federal Register / Vot. 50, No. 91 / Friday, May 10, 1985 / Proposed Rules Sl;md:ini N;. 105. Those performance requirements hsve now been in effect for a decade and have not caused manufacturers any significant difficulty. The requirements have been justified in the past, and NlfTSA does not believe that they should be reduced in stringency. The bulk of the proposed standard's test procedure is consistent with the ECE draft. Adoption of the proposed standard would be a major step toward harmonization and would make it rnnr.h easier for manufacturers to build vehicles for the world market. While the agency has sought to propone requirements that are similar in stringency to those of Standard No. 105, it should be emphasized that the issue of wh.if levels of performance for the proposed standard are equivalent to Stadard No. 105 is a difficult one. Test, procedures can significantly affect the stringency of performance requirements, both by the sequence of testing, i.e.. the cumulative effects noted above, and by the various lest conditions. As discussed below, the test procedure for the proposed standard is significantly different than that of Standard No. 105, making comparisons fairly difficult. The agency has devoted comsiderable effort to the task of estimating equivalent levels of stringency, including conducting a test program. The proposed performance requirements have been compared to the requirements of Standard No 105 using several different methods for determining equivalent stringency, each of which has several advantages and disadvantages. The different methods and their results are discussed in the agency's Regulatory Evaluation. The agency requests comments on them and on the issue of whether any other methods should be considered. Results of N! ITSAs test program are available in Docket 79-1ftGKP.i- The agency emphasizes that the proposed standard is in many respects an entirely new standard. While this preamble; discusses the more significant ihl'ci.'iices between the proposed standard arm Standard No. 105. nrininienEcr.r arc enem.irag^d to carefully compare the regulatory texts F'neeuven.ess Requireufu-ots A. ;r"t rf a vobjr.ie's brake system it. its effectiveness in bringing the vehicle 10 <t quick ami controlled stop in an emergency siiuafion. bike Sinndiivd No. 105. the proposed standard would test a vehicle's braking perfoi niunce in both a pre-burnish or new condition and after burnish, i.e., m it broken-in condition. (As discussed below, however, munulai Sareis would have Hie option n; emitting the burnish procedure and going directly from the pro-burnish tests to the tests ordinarily conducted after burnish.) The pre burnish tests are conducted under fully loaded conditions. The after-burnish test;: are referred to as coid effectiveness tests in the proposed standard and would be conducted under both fully loaded and lightly loaded conditions. Performance requirements are specified in terms of stopping distances. The ECE draft international ha rmonized test procedure does not include a pre-burnish test. The agency tentatively concludes that such a test should be included in the new standard since braking performance can vary significantly between pre burnished and pest-burnished conditions, and vehicles may be driven for many miles in a pre burnished state. In order to preserve harmonization of the test procedure, the proposed standard incorporates the prehurnish effectiveness test into the ECE draft's burnish procedure. As noted above, manufacturers would have the option of omitting the burnish procedure and going directly from the pre-burnish tests to the cold effectiveness test3. The agency tentatively concludes that this option would minimize compliance costs while ensuring that vehicles are adequately tested during the cold effectiveness tests. In many cases, vehicle performance improves with burnish, if a manufacturer chooses the option of foregoing burnish, it may thus be more difficult to meet the cold effectiveness test requirements. In this situation, there does not appear to be any reason to impose the burnish procedure on the manufacturer. It is also possible that a vehicle's braking performance may be degraded by burnish. However, the agency believes that other requirements included in the standard would prevent any significant degradation caused by burnish. The reasons discussed below concerning why the agency believes that several of the proposed standard's requirements would ensure that a vehicle's braking performance is not significantly degraded by heating during fade are also relevant to this issue. The three proposed tests discussed above, i.e., pre-burnish; cold effectiveness--fully loaded; and cold effectiveness--lightly loaded, correspond generally to Standard No. 105 s first, second and third aU-; '.,ii', oru-.xs tests.1 'Thu proposed slandaitj dws nof use the terminology u! fjra!. socnr.d. third and Fourth i-ifr-cfivont'Ms tents. Am used in Standard No lift, `hot terminology is basad in part on the* organisation I ;h D-RDhu.iry text, [t should h* noted in Standard No. 105 also includes a fourth effectiveness test. This test is conducted near the end of the test sequences, after the fade and recovery tests. As discussed below, the fade and recovery tests simulate the conditions experienced during a mountain descent, A vehicle's brakes become very hot during such conditions, which may affect subsequent braking performance*. The fourth effectiveness test ensures adequate braking effectiveness after experiencing high temperatures. The test also includes a high speed test to ensure adequate braking for vehicles which are capable of very high speeds. While NHTSA believes that these aspects of performance are important, it has tentatively concluded that they* can adequately be addressed by means other than a full fourth effectiveness test. As discussed below, the proposed standard's fade and recovery tests include a hot stop test and a recovery slop test. These tests would help ensure that a vehicle's braking performance is not significantly degraded by the simulated fade conditions. Moreover, a final effectiveness test, which consists of 4 stops from 100 km/h (62.1 mph) and is included at the end of the proposed standard, following spike stops, would protest against significant degradation due to the simulated fade conditions The proposed standard also includes high speed effectiveness tests, conducted before the fade and recovery tests, under both fully loaded and lightly loaded conditions. The agency believes that all of these tests together would adequately ensure the aspects of performance addressed by Standard No. 105's fourth effectiveness test and that including an additional test in the proposed standard would merely lengthen the test procedure without offering any concomitant benefits. 30-mph Tests * The agency also notes that the proposed standard's effectiveness tests do not include tests corresponding to Standard No. 105's 30-mph tests, which are part of that standard's first, second and fourth effectiveness tests. Tests at speed of this magnitude were not included in the ECE draft harmonized teat procedure because there was gencrnl agreement among the comparing the reguietory lexis thar they have different organizations, for example, the rogulatovy text of Standard No. 105 concerning effectiveness tests it* organized in part by loading conditions, t-e . the second effectiveness test is at the fully hwded eondilion white" {he third effectiveness lest in al the lightly loaded condition, whereas comparable tests in the proposed standard are organized together as pari of the cold ettectiwm'ss test. FMS116927 Federal Register / Vis!. 30, No i / Friday. May 0, 1035 / Proposed Rules 19"47 itiii-inational delegates that sm h tests offer liith; information not provider.! t>\ the. higher speed tests. The agency tentatively agrees with this view. Assuming that a vehicle is capable u) meeting the proposed standard's highm speed tests, the agency believes that it is highly unlikely that the ve.hie.lo would have difficulty meeting a 30-mpb test of similar stringency Adhesion Utilization Tbr purpose of adhesion utilization requirements ip U> ensure that a vehicle's brake system is able to utilize whatever adhesion is available at the tin; 'arid mieilaea in such a way that a stable sii;a can he made within a specified distance Adhesion utilization is addressed to some ex feed by Standard No 105's land the proposed standard's) service brake effectiveness requirements, since stops roust be made within specified distances without leaving a lane of a specified width. Ai! of those stops are made on a high friction surface, however. Standard No. 105 does not include any requirements concerning stops made on lower friction surfaces, such os wet roads. The proposed adhesion utilization requirements are similar to those in the KCF.'s current braking standard. Regulation 13, and the corresponding directive of the European Economic Community (EEC). The requirements arc' expressed in terms of plots on o graph of the amount of adhesion utilized at each axle of the vehicle to produce a giv en level of deceleration. Using a specified test procedure, the adhesion utilized is graphically compared to the level of adhesion available a! the tire/road interface. Four adhesion curves are plotted, representing the Front and reap ax le brake performance at each of two load conditions. Two basic performance requirements would be established. First, none of she curves could cross an upper line for coefficients of friction between 0.2 fa low friction surface) and 0.8 fa high friction surface). The purpose of this requirement would be to ensure that, on att road surfaces from very slippery to (fiy, one axle is not overbraked with mspect to the other. Pitt another way, this requirement would limit the amount that the performance of an individual xle could deviate from theoretically ideal brake balance. The effect of the ovorl making of me axle with respect to the other would be to reduce the overall bruidng efficiency of the vehicle and mahi wheel lock up at the axle ase likely, 1 he second requirement would in; that for all deceleration rates between (> 15 g i > mild stop! and 0.8 g (a severe estop). the curve for the- front axle must be above that for the real axle. The purpose of this requirement would he to ensure stability' of the vehicle by requiring the front axle to have u greater adhesion utilization than the rear axle, fn practical ierms. this means that if a driver applied the brakes hard enough 1 get wheel lockup, the front brakes would be the first to lock. Since locked wheels always tend to lead, the vehicle would skid but would remain stable, in., heading forward. However, if the rear wheels were to lock first, there would be a spin-onf since those wheels would tend to lead. The proposer) adhesion utilization requirements differ from those of Regalatitro t'3 in llu-ee ways. First, the proposal docs not follow Regulation 13 in including an exception to the requirement that, for all deceleration rates between 0.15 and 0.3 g, the curve for the front axle must be above that for the rear axle, Between 0.3 and 0.45 g, Regulation 13 permits the curves to invert, as long as they remain close to theoretically idea! adhesion. NHTSA does not believe thai there is any reason to adopt the exception. Wheel lockup can easily occur on slippery wet roads in the range of decelerations between 0.3 and 0.45 g. which could result in spin outs. Second, the proposed adhesion utilization requirements take info areounf the engine retardation effects of a vehicle being braked in gear, whereas Regulation 13 does not. NHTSA believes this approach is more realistic, since it Is not typical for a driver to place the car in neutral or deculutch at the beginning of a stop. The effect of considering engine retardation is to move the adhesion utilization curves for the driven axle to the right. Third, while the proposed standard specifies a fesi method Tor determining adhesion utilization. Regulation 13 does tu't. in Europe, compliance wish safety standards is based on type approval. Manufacturers submit various information to governmental authorities which approve or disapprove a vehicle bused on the information and on vehicle testing. In Ihe United Stales, the guvervutumf does not engage in approving or disapproving vehicles with respect to their safety performance, I Inder the National Traffic end Motoi Vehicle Safety Act, manufacturers must certify that their vehicles comply with applicable safety standards. Safety standards an; required to be. objective to enable manufacturers to ensure that their vehicle* are in compliance. To provide such objectivity, the; agency must specify a specific method for determining adhesion utilization. The proposed method involves a loio i test to determine actual braking force as a function of brake fine pressure for each axle separately. From this information, plus brake valve characteristics, coast-down effects, engine, braking effects, and center of gravity, the curves of adhesion utilized versus deceleration can be plotted While the final curves are based on calculations, the input variables area!! actual test measurements made under specified conditions. The proposed method takes account of rolling friction, aerodynamic drag and engine braking, which art; present in actual braking situations but are not considered in theoretical design calculations, which are generally used for type approval. The curves would be generated for a speed of 50 km/h (31.1 mph), which represents a value in the middle of the range of speeds that a vehicle ordinarily experiences during braking. Although higher initial speeds are used for stopping distance testing, the agency believes that 50 km/h is an appropriate speed for adhesion utilization testing because a vehicle shows more sensitivity to wheel lockup at slower speeds than at higher speeds and because a slower speed makes the test easier and safer to run. Curves would be calculated for vehicle performance in gear in order to account for engine braking effects normally present in actual driving situations. The adhesion utilization test procedure is discussed at length in a paper published by the Society of Automotive Engineers (SAE), Ratllinski, R.W., and Flick, M.A., "A Vehicle Test Procedure for Determining Adhesion Utilization Properties," #340334, February 1984. The proposed procedue has been revised slightly from that in the SAE paper, to decrease its sensitivity to testing variability. The agency speufimiily requests comments ert the proponed test procedure and on any others that should be considered. The agency notes thai there are limitations to any possible single adhesion utilization test, since brake balance, like must other aspects of braking performance, can change in use and over time. It is not feasible at this lime to establish specific performance requirements which test a vehicle's adhesion utilization under all of the many varied conditions a vehicle is likely to experience during its lifetime. The proposed requirements would ensure reasonable adhesion utilization for new vehicles, a-significant step toward ensuring safer vehicles. A vehicle meeting such requirements could become unsafe over time if the brake balance significantly changed. However. FMS116928 19748 Federal Register / Vo!. 50, No. 91 / Friday. May 10, 1985 / Proposed Rules by using sound engineering judgment, manufacturers could design vehicles in such a manner that good brake balance will be maintained over a vehicle's lifetime. The agency also emphasizes that it is not proposing to decrease the level of stringency of any of Standard No. 105`s other requirements in light of the proposed adhesion utilization requirements. In particular, available data dearly show that Standard No. 105's stopping distance requirements can easily be met by vehicles which have good adhesion utilization. The proposed adhesion utilization requirements would apply only in part to vehicles equipped with fully operational anti-lock systems. The stability aspect of adhesion utilization would automatically be satisfied as long as the anti-lock system prevented wheel lockup as intended. Anti-lock-equipped vehicles would still have to meet the braking efficiency aspect of the adhesion utilization requirement, however. Regulation 13 includes special requirements to test anti-lock-equipped vehicles which have not been adopted in this proposal. In testing two vehicles with anti-lock systems to these ECE requirements, NHTSA encountered problems with the test procedure. One vehicle showed braking efficiencies of well over 100%, which is theoretically impossible. The ECE is currently considering possible changes to the anti lock requirements. At present, NHTSA dons not believe that it should propose any similar requirements. The agency notes that five out of 19 cars tested failed the proposed adhesion utilization requirements. The agency believes that the vast majority of cars can meet the proposed requirements with cither no changes or relatively minor changes. It is possible that manufacturers may choose to meet the requirements for some cars by using variable proportioning valves. The agency particularly requests comments on the types of changes that may be necessary to meet the proposed requirements and the number of vehicles that would be affected. Fade and Recovery The purpose of the fade and recovery tests is to ensure adequate braking capability during and after exposure to the high brake temperatures caused by prolonged or severe use. Such temperatures are typically experienced in long, downhill driving. The proposed requirements consist of n heating sequence, a hoi stop test, a cooling sequence and a recovery stop test. The agency is not proposing to adopt the ECE draft test procedure's heating sequence. In vehicle testa, that heating sequence produced brake temperatures more than 100 "F. lower than Standard No. 105's second fade test procedure. The temperatures produced by Standard No. 105's procedure had previously been verified as being representative of the temperatures experienced by vehicles travelling in mountainous areas. The agency is particularly concerned about this difference because the relationship between temperature and fade is not a linear one. For one brake lining, there is a "knee" in the curve, above which degradation due to fade is much more pronounced. If that "knee" occurred at a temperature between those produced by the ECE draft teat procedure and Standard No. 105 procedure, a vehicle's braking system could meet the ECE draft requirements but still experience a sharply increased propensity to fade during mountain descents. The agency has developed a new heating sequence for this proposal, based on SAE Recommended Practice J1247 (Apr 80), Simulated Mountain Brake Performance Test Procedure. This sequence produces temperatures similar to those of the Standard No. 105 procedure. The agency believes that it produces a temperature cycle that more closely approximates an actual mountain descent than either Standard No. 105 or the ECE draft test procedure. As an alternative, the agency is considering modifying the ECE draft test procedure by shortening the time interval between snubs from 45 seconds to 30 seconds, This would result in temperatures that compare with those obtained in Standard No. 105. One problem, however, is that some cars are not powerful enough to accelerate to the 120 km/h test speed in the time interval permitted. The primary advantage of this alternative is that it would be closer to the heating sequence of the ECE draft test procedure. The agency requests comments on both alternatives and, with respect to the second alternative, comments on how vehicles that cannot accelerate to 120 km/h in the specified time interval should be tested. Since NHTSA believes that the first alternative more closely approximates an actual mountain descent, the agency would particularly appreciate more detailed comments from any commenters which support the second alternative. The agency contemplates adopting one or the other alternative and not providing an option in this area. The proposed test procedure and the ECE draft procedure differ in the method used for determining the amount of force to be applied to the brakes during fade and other brake testing. The proposal uses the constant output method while the ECE draft harmonized test procedure uses the constant input method. In the constant output method, vehicle deceleration is held constant and pedal force is varied as necessary to keep deceleration at the prescribed level. In the constant input method, either pedal force or brake line pressure is held constant and the deceleration of the vehicle is allowed to vary. Although the choice of method is not very important for most types of brake testing, the agency believes that it is important for fade testing. Brake fade is caused by heat buildup in the brake components. This heat buildup is a function not only of the total amount of energy imparted to the brakes during the stops or snubs, but also the rate at which that energy is applied. For a given sequence of brake applications, the total energy input depends only on the number of applications, and the initial and final speed. That will be Ihe same with either method. For the constant decleration method, the rale of application of that energy will also be fixed. For the constant pedal force method, however, the deceleration rate (and hence the time to input the energy) will vary with the performance of the brakes. If the brakes fade, the deceleration drops off. A drop in deceleration decreases the amount of work being done by the brakes, which decreases the amount of heat buildup (the factor that causes fade). Therefore, thereat becomes easier for vehicles that perform poorly. This result leads the agency tentatively to disfavor the constant input method because NHTSA betieves that a test that varies in severity according to the performance of the vehicle being tested is inappropriate for a Federal motor vehicle safely standard. Accordingly, the constant output method appears preferable. Another reason in favor of a constant output method is that it produces less variability in testing. With the constant output method, the test driver attempts to maintain the prescribed deceleration throughout each test run, and any random errors will tend to cancel each other out. With the constant input method, however, the pedal force maintained is based on the average pedal force on two baseline snubs. Any errors made in determining the baseline pedal force will therefore also be introduced in each subsequent brake application, and the effect will be additive, rather than self-cancelling. With the constant output method, there is no need for the baseline snubs. As noted above, the proposed fade and recovery test includes two FMSI 16929 Federal Register / Vo!. 50, No. 91 / Friday, May 10, 1985 / Proposed Rules 1974 performance tests. The first, a hot stop test, specifies both a minimum stopping distance and a percentage limit on degradation from the performance achieved in the cold service brake test. This latter requirement would limit the amount of reduction in performance that a driver experiences when brakes are heated. The allowable pedal force could not exceed the mean pedal force actually used on the best cold stop. The second, a recovery stop test, places both lower and upper limits on the difference in performance after recovery from that achieved in the cold service brake test. These limits are the same as included in the ECE draft. The upper limit is included to ensure that brakes do not become too sensitive when heated and "over-recover." It is difficult to directly compare Standard No. 105's fade and recovery test with the proposed test, since the test procedures are entirely different. The proposed requirements are more simple than Standard No. 105's, since only one series of tests is run instead of two. Standard No. 105 does not include a hot stop performance test, although there is a limit on the pedal force applied during the heating stops. As noted above, both the proposal and Standard No. 105 include a recovery performance test. The agency believes that the proposed requirements would reduce the costs of testing while, particularly in light of the hot stop performance test, better ensuring safety. Partial System Failure Like Standard No. 105, the proposed standard would specify stopping distance requirements for conditions of circuit failure, power assist failure, and anti-lock or proportioning valve failure, if part of the service brake system should fail, it is crucial that the vehicle's brake system still be able to bring the vehicle to a controlled stop in a reasonable distance. The agency notes that 11 out of 43 cars tested failed the proposed stopping distance requirement for power assist failure. As discussed by the Regulatory Evaluation, the primary factor which explains the failures is the lower maximum allowable control force of the proposed standard as compared to Standard No. 105 (500 N versus 087 N). This proposed test condition change, which is the same as the ECE draft, would increase the stringency of the requirement and necessitate redesigning of brake components on some cars to provide as greater mechanical or hydraulic gain. The test data indicate that while some redesign would be necessary, passenger cars can easily meet the proposed requirements. As discussed below, the agency believes the 500 N control force limit is justified based on human factors data. The proposed stopping distance, which is not significantly different from the specified in Standard No. 105, is derived from the proposed requirement for service brake stopping distance, using the same mathematical relationship used in the ECE draft. Since the agency is proposing a more stringent service brake stopping distance than that tentatively selected for the ECE draft, however, die proposed stopping distance for power assist failure is also more stringent. Given the number of failures in the test program, the agency particularly requests comments on the proposed requirements of power assist failure. The proposed standard would also establish a new requirement for brake performance after engine failure. The requirement would ensure that a driver can make at least one. stop with 90 percent of full service brake performance following engine failure. Since engine failure is a relatively common occurrence, the agency believes this is a reasonable requirement. The vast majority of all cars already meet the proposed engine failure requirement, which requires the use of a supplemental source of stored energy for the booster, such as a vacuum reservoir or hydraulic accumulator. Of 44 cars tested, one failed the proposed requirement That car was equipped with a hydraulic booster without an accumulator. The agency requests comments on the costs associated with meeting the requirements and the specific number of vehicles that would be affected. Parking Brake Like Standard No. 105, the proposed standard would require that the parking brake of passenger cars be able to hold the vehicle when it is parked on a specified gradient and a force not exceeding a specified amount is applied to the parking brake. There are several significant differences in test conditions, however. Since the static parking brake test is a pass/fail type of lest, i.e., the parking brake either holds the vehicle or it does not, the test conditions determine the stringency of the performance requirement. Two conditions are of primary importance, the gradient and allowable control force. The two are interrelated in that for the same parking brake system, it is generally true that the higher the force that is applied !o the control, the steeper the gradient on which the vehicle can be held in place. The agency believes that the proposf parking brake requirement would have level of stringency approximately the same as that of Standard No. 105. The standard would specify a less stringer* gradient 20 percent instead of 30 percent, in line with the ECE draft harmonized test procedure. To offset that change and thereby maintain the existing level of stringency, the agency is also proposing a more stringent, i.e., lower, allowable control forces, 500 N (113 pounds) for foot-operated parking braking systems Instead of 125 pounds and 320 N (72 pounds) instead of 90 pounds for hand-operated parking bras systems. The agency notes that of 18 passeng> cars with foot-applied parking brakes that were tested to the proposed requirements, five failed. The agency believes that the vast majority of cars can meet the proposed requirements with either no changes or relatively minor changes, such as improving the mechancial advantage of some footapplied parking brakes. The agency requests comments on the types of changes that may be necessary to meet the proposed requirements and the number of vehicles that would be affected. While Standard No. 105 tests the parking brake with the vehicle in both fully loaded condition and a lightly loaded condition, the proposed standai would only test the vehicle in the fully loaded condition. The purpose of testir; in a lightly loaded condition is to ensur that the parking brakes do not simply lock a very lightly loaded axle and alio the vehicle to slide. Wheel slide is not likely to be a problem on a 20 percent gradient given the weight distribution ( passenger cars. Gradients which are significantly greater than 20 percent ar very rare in the United States, and the agency does*not believe that this aspe< of performance needs to be tested. The agency notes that Standard No. 105 includes a barrier impact test of th( strength of a transmission or driveline parking mechanism, as part of an optic For vehicles with a transmission or transmission control incorporating a parking mechanism that must be engaged before the ignition key can be removed (most automatic transmission have this feature), manufacturers have the option of meeting the 30 percent gradient test with the transmission's parking mechanism engaged, so long a: certain other requirements are also me* These include passing the same test on 20 percent grade without the parking mechanism engaged and the moving barrier test. Since the proposed stand;* would specify a 20 percent grade instc FMS116930 19750 Federal Register / V<>5. SO, No. 91 / Ft idav. May 10, 1905 / Proposed Rules ' ui>iiiiwiiiiw^nmiliy;i'j'iBi iiiwiiiiHHMawaaaagtaBawii of a 30 percent grade, flit: agency docs not believe this type of option should be provided. The agency requests comments on not providing the option. The proposed standard would establish a new dynamic stopping test using the parking brake. Ni fTSA believes that the primary means for emergency stopping should be the service brakes. That aspect of performance is addressed by the partial failure requirements. Nevertheless, drivers could occasionally use the parking brake as an emergency brake. The proposed parking brake dynamic stopping test, which is identical to that in the harmonized test procedure, would improve safely by ensuring that drivers can also use the parking brake for that purpose. The ECE draft harmonized test procedure also includes a parking brake test which N51TSA is not proposing, a test with a trailer. That test requires a passenger car's parking brake to be aide to hold the vehicle and an attached trailer on a 12 percent grade. Based on engineering analysis, the agency has determined that the proposed parking brake test without a trailer ensures that a vehicle would be able to meet thin requirement so long as trailer weight is not more than about 05 percent of passenger car weight. Accordingly, the agency does not believe there is a safety need to include the trailer test in the proposed standard for passenger cars. Equipment Integrity bike Standard No. 105, the pr oposed standard would test the capability of a vehicle's braking system to withstand a series of severe `'spike" stops without loss of structural integrity. A final effectiveness test follows the spike stops to ensure that the vehicle still has adequate braking capability. While these tests are riot included in the ECE draft harmonized test procedure, the agency believes that the tests address an important aspect of safety performance. Since a vehicle's brakes are occasionally subjected to sudden, very hard applications during normal usage, it is important that the brake system components be strong enough to avoid being bent or otherwise damaged by those applications. As noted above, the final effectiveness test following ihe spike stops would also help ensure that a vehicle's brakes are not significantly degraded by conditions of fade. The spike stup test and final effectiveness test ere relatively simple to conduct. Since they are conducted at the end of the tost sequence, their inclusion would not affect the relative stringency of the preceding portion of the test procedure. Since those tests are not included in the KCE drub harmonized test procedure, the ugency specifically requests comments on the desirability of their inclusion in the proposed standard. Any commenters opposing adoption of the tests should provide detailed arguments in Favor of their position, including comments addressing the above discussion. Equipment Safety and Failure Warning Requirements Standard No. 105 includes a number of equipment and failure warning requirements, most notably for reservoir capacity, failure warning indicators, and fluid reservoir labeling. Regulation 13 contains similar, but in some cases different, requirements. While these, requirements have, been dismissed to some extent as part of the ECE harmonization process, they have not yet received the degree of attention that has been given to the road tests. Most of the proposed requirements are essentially the same as those in Standard No. 105. One notable addition is a requirement that the fluid level in a roaster cylinder reservoir be able to be checked without removing the cap. The agency believes that this is in the interest of safety for two reasons. First, since it would be easier to check fluid level, drivers and maintenance personnel would be more likely io routinely make such checks. Second, it is desirable not to have to remove the cap since that creates a situation where the brake fluid can be contaminated. Under the proposal, the requirement could be met by a means to check fluid without removing the rcservior cap, e.g., by constructing the reservior of a transparent material or by havdng a fluid level sensor. There is already a trend in passenger car design to use transparent material to enable checking of. the brake fluid without removing the cap. If a passenger car had a fluid Save) seneor, i.e.. activation of the brake warning light in situations of low fluid level, the requirement would be deemed met. With a fluid level sensor, drivers would automatically be warned about low fluid level. The agency notes, however, that drivers would have to remove the cap to determine the actual level of brake fluid. Also, drivers might want to remove the cap to check brake fluid level rather than rely on the sensor for that purpose. The agency requests comments on permitting use of a fluid level sensor to meet this requirement. Water Recovery Unlike Standard No. 105, ihe proposed standard would not include a water recovery test. The purpose of a water recovery test in Standard No. 105 is to ensure that a vehicle will have adequate braking capability after exposure to water, such as would occur in going through a flooded area. Standard No. 105's test assesses the effects of such exposure by providing for driving a vehicle through a water trough and then testing its braking capability. Application of a water recovery test to cars sold in this country dues not appear to be necessary to ensure safe braking, for several reasons. First, there is little evidence that the potential adverse safety effects of water on braking capability is a problem for today's passenger cars. This is due in large part to the fact that ali passenger cars sold in the United States now have disc brakes on at least the front axle, in the past, passenger cars had drum brakes on both the front and rear axles. While brake drums can trap water, the design of disc brakes is such that they tend to expel water. Indeed, with Standard No. 105's current test procedure, disc brakes on vehicles driven through the water trough often become completely dry before the vehicle's braking capability can be tested. Second, the agency does not believe that inclusion of a water recovery test is necessary to ensure that manufacturers continue to equip their cars with front disc brakes. In Europe, where there is no water recovery requirement, almost all passenger cars have front disc brakes. Third, the agency believes that the brakes of modem cars are sufficiently shielded from direct water spray to make water fade unlikely. Moreover, the application of friction materials that are highly resistant to wet fade is fairly widespread on current passenger cars. Test Conditions Many of the proposed standard's test conditions are different from those of Standard No. lo Some of those differences are discussed above. Other significant difference include the following: A. Burnish. The proposed standard's burnish procedure, which is based on the ECE draft harmonized test procedure, is significantly shorter than that of Standard No. 105. The nature of many brake linings is such that a breakin period is needed for ihe braking system to achieve its full capability. Inclusion of a lengthy burnish procedure, however, significantly increases the cost of testing. The agency believes that brakes can adequately be burnished using a shorter procedure than-that specified by Standard No. 105, thereby decreasing testing costs. As FMS116931 Federal Register j Vol. 5!}, No. !)1 / Friday, May 10, 1985 / Proposed Rules 19751 uncaaMMBnnaBBMannaBBHnHamaMnMtMMMMMiMMmaMMMMMMaMMMBMMiMiW discussed above, manufacturers would be permitted the option of foregoing burnish entirely as a way of making even greater cost savings. B. Number of runs per test condition. Standard No. 105 generally specifies that six stops be made for each test condition. Prescribed performance must be achieved on at least one slop. The purpose of specifying multiple stops is to enable test drivers to achieve a vehicle's best performance. The proposed standard would specify four stops, thereby reducing testing costs. Testing experience indicates that it takes only three or four stops for a test driver to attain the best possible performance. C. Wheel lockup. Standard No. 105 generally permits lockup of one wheel during stopping distance tests. The proposed standard, in line with the ECE draft harmonized test procedure, would prohibit ati lockup (except during spike stops). A vehicle's stopping performance is usually at its best with b brake application just short of that which would cause wheel lockup to occur. A test driver attempting to obtain a vehicle's best performance may thus inadvertently lock one or more wheels. With four stops permitted, however, the agency believes test drivers can determine a vehicle's best performance on at least one stop while avoiding all lockup. For anti-lock-equipped vehicles. Standard No. 105 permits controlled lockup during the stopping distance tests. The proposed standard, in line with the ECE draft harmonized test procedure, would prohibit all lockup. The agency believes this is appropriate, since a well-designed, anti-lock system would pervent all lockup during the specified tests. O. Controlforces. The proposed standard specifies a more stringent conlrol force limit for the service brake test than Standard No. 105, in line with the ffbrmonized test procedure. The agency believes that these more stringent control forces are justified based on human factors data. In a study by Ford Motor Company,2 female test subjects, chosen to be a representative sample of the female population, were confronted with an actual emergency braking situation in which maximum braking force applied over a '/a second interval was measured. The results indicate that only 56 percent of the female driving population can be * Eaton. Dennis A, and Dbhmiior, I iomv 'Broking und Steering Effort Capabilities of Drivers." Ford Motor Company. Automotive Kesp;m:h Office. Dearborn, Michigan. 1970 (published as SAE paper #7003&. 1970 lnW?-n;ttionul Safety Conference Compendium {P:){, New York, NY.'1970. pp. I,*>3-158). expected (with 95 percent confidence) to be able to generate the 150 pound pedal force (6G7 N) specified by Standard No. 105 during an actual panic stop. By decreasing the control force limit to 500 N, at least 86 percent of the female driving population can be expected (with 95 percent confidence) to be able to generate the specified force during an emergency brake application. Other human factor studies have reached similar but not identical conclusions.3 The agency has greater confidence in the results of the Ford study, however, since the others were conducted under laboratory conditions rather than actual driving situations. As noted above, these lower control forces may necessitate redesigning of brake components on some cars to provide a greater mechanical or hydraulic gain, particularly to meet the requirements for performance with a failed power assist unit. E. Rood Surface. Like Standard No. 105, the proposed standard would specify road surface friction in terms of skid number. This test condition has proven to be satisfactory over many years. The agency recognizes, however, that skid number is not generally used for this purpose in Europe. During the ECE harmonization meetings, there was some discussion about specifying road surface friction in terms of peak coefficient of friction. However, no procedure was developed for that purpose. Road surface friction is an important test condition which the agency believes should ideally be the same in harmonized brake standards. For this reason, the agency requests comments on whether it should consider a method other than skid number for the proposed standard. Depending on the comments, the agency could issue a supplemental NPRM proposing an alternative method or initiate separate rulemaking or research to develop such a method for the future. The agency notes that the International Standards Organization (ISO) has developed two draft teat procedures which are relevant to this issue. One procedure, ISO/DTR 8350, Road Vehicles--High Friction Test Track Surface--Specifications, provides specifications for constructing a road test surface. The other procedure, ISO/ DTR 8349, Road Vehicles-- 'SioudC. j I. W , ef of.. 'WMcIr Kamtfrng: Force Capabilities foi Broking nml Steering," Hurvarc! School of Public Henlth, May 1993 (DOT Contract FH-71-tM'iO); Mortimer R.G. et. al, "Brake Force Requirement Study: Driver-Vehicle Braking Performance as h Function of Brake System Design Variables." Highway Safety Research lnatiiuie. April 1970 {DOT Coni runt FH-11-R952). Measurement of Road Surface Friction, provides a method for measuring road surface friction. The agency requests comments on whether it should consider using these ISO documents in developing a specification of road surface in terms of peak coefficient of friction. If the agency were to propose specifying test surface in terms of peak coefficient of friction, it would contemplate proposing a specific number. If any commenters favor using the ISO documents for this purpose, the agency would appreciate analysis concerning the specific peak coefficient of the ISO test surface, whether tesl tracks constructed to the ISO specifications may have varying peak coefficients of friction either on a particular track or between tracks, how the peak coefficient of friction changes over time and as the track is used for testing, and how the test surface compares with that specified by Standard No. 105. The agency also requests comments on any other documents or research that should be considered for specifying road surface friction in terms of peak coefficient of friction, and on any methods other than skid number or peak coefficient of friction that Bhould be considered for specifying road surface. F. Brake Adjustment. Standard No. 105 permits automatic brake adjusters tc be locked out during testing. The proposed standard, in line with the ECE draft harmonized test procedure, would require automatic brake adjusters to be operational. The agency believes this is reasonable. Since automatic adjusters are operational in vehicle use, it is reasonable to require that they be operational during testing. Analyses; Costs and Benefits The agency has analyzed this proposal and determined that it is neither "major'' within the meaning of Executive Order 12291 nor "significant" within the meaning of the Department of Transportation regulatory policies and procedures. The agency's detailed analysis of the economic effects is set forth in a preliminary regulatory evalution, copies of which are available from the Docket Section. The preliminary regulatory evaluation concludes that the current Standard No. 105 has been successful in substantially upgrading brake performance and that the proposed requirements would improve safety by ensuring an equivalent level of safety for those aspects of performance covered by Standard No. 105 and by addressing several additional areas of brake performance which are safety FMS116932 19752 Federal Register j Vo!. 50. No. 01 / 1-iicluy, May 10. 19B5 / Proposed Rules significant. Moreover, compliance testing costs would be reduced by the shortened test procedure, and the proposed five-year leadtime would enable manufacturers to make any necessary changes to meet the proposed requirements as part of their regular design cycle, with little or no impact or) cost. in accordance with the Regulatory Flexibility Act, the NHTSA has evaluated the effects of this action on small entities. Based upon this evaluation, 1 certify that the proposed amendments would not have a significant economic impuct on a substantial number of small entities. As discussed by the agency's preliminary regulatory evaluation, only relatively simple changes would generally he needed for all passenger cars to meet this proposed standard. These changes would not significantly affect the purchase price of a vehicle. No changes would be needed for many cars. While some reduction in compliance costs would occur, the reduction would not be of a magnitude which would significantly affect the purchase price of a vehicle. For these reasons, neither manufacturers of passenger cars, nor small businesses, small organizations, and small governmental units which purchase motor vehicles, would be significantly affected by the proposed standard. Accordingly, no regulatory flexibility analysis has been prepared. Finally, the agency has considered the environmental implications of this proposed rule in accordance with the National Environmental Policy Act of 1969 and determined that the proposed rule would not significantly affect the human environment. The brake fluid reservoir labeling requirements in this proposal are considered to be information collection requirements, as thai term is defined by the Office of Management and Budget (OMB) in 5 CFR Part 1320. Accordingly, these proposed requirements are being submitted to the OMB for its approval, pursuant to the requirements of the Paperwork Reduction Act (44 U.5.C. 3501 ft seq.). Comments on the proposed information collection requirements should be submitted to: Office of Management and Budget, Office of Information and Regulator}' Affairs, Washington, D C. 20503. Attention: Desk Officer for NHTSA. It is requested that comments sent to the OMB also be sent to the NHTSA rulemaking docket for this proposed action. t<esdtiine While only relatively simple changes would be needed for virtually all lassenger cars to meet the proposed standard, with no changes needed for after the closing date will also be many cars, any brake system redesign considered. However, the rulemaking involves a certain amount of leadtime. action may proceed at any lime after The proposed standard's test procedure that date, and comments received after is sufficiently different from thai of the dosing date and too late for Standard No. 105 that implementation of consideration in regard to the action will the standard could require substantial be treated as suggestions for future testing by manufacturers before they rulemaking. The NHTSA will continue could be sure what components would to File relevant materia! as it becomes require redesign. In order to keep the available to the docket after the closing costs of implementation tow. a long date, and it is recommended that leadtime is being proposed. Thus, interested persons continue to examine manufacturers could incorporate any the docket for new material. necessary changes into their normal design cycles, minimizing cost impacts, Accordingly, the agency is proposing a mandatory effective date of September 1.1991 it is contemplated that this would provide a leadtime of approximately five years after issuance of a final rule. The agency proposes an optional effective date for certifying passenger cars to the new standard Those persons desiring to be notified upon receipt of their comments in the rules docket should enclose, in the envelope with their comments, u self addressed stamped postcard. Upon receiving the comments, the docket supervisor will return the postcard by mail. Us! of Subjects in 49 CFR Part 571 instead of Standard No. 105 beginning 30 days after publication of a final rule in the Federal Register. The agency finds good cause for a short leadtime on an Imports, Motor vehicle safety, Motor vehicles, Rubber and rubber products. Tires. optional basis since the new standard would result in safety benefits over PART 571--1 AMENDED) those of Standard No. 105, and, since In consideration of the foregoing. 49 compliance would be optional, there CFR Pari 571 would be amended as would be no imposition of mandatory Follows: new requirements during that time 1. The authority citation for Part 571 period. would be revised to read as follow's: Interested persons are invited to submit comments on the proposal. It is requested but not required that 10 copies Authority: 15 U.S.C. 1392.1401.1403, 1407 delegation of authority at 49 CFR 1.50. be submitted. 571.105 (Amended! All comments must be limited not to exceed 15 pages in length. (49 CFR 530.21) Necessary attachments may be appended to these submissions without regard to the 15-page limit. This limitation is intended to encourage commenters to detail their primary arguments in a concise fashion If a comraenter wishes to submit certain information under a claim of confidentiality, three copies of the complete submission, including purportedly confidential information, should be submitted to the Chief Counsel. NHTSA, at the street address given above, and seven copies from which the purportedly confidential 1. Section 571.105 would be amended hy revising S3 to read as follows: * * 4 * Si. Application. This standard applies to multipurpose passenger vehicles, trucks, and buses with hydraulic brake systems, and to passenger cars manufactured before September 1, 1991. with hydraulic brake systems. At the option of the manufacturer, passenger cars manufactured before Septembefl. 1991, may comply with the requirements of Federal Motor Vehicle Safety Standard No. 135, Passenger Cor Brake Systems, instead of the requirements of this standard. information has been deleted should be * * * * d submitted to the Docket Section. A request for confidentiality should be accompanied by a cover letter setting forth the information specified in the 1. Section 571.135--Federal Motor Vehicle Safety Standard No. 13.5 would * be added to read ns follows: agency's confidential business f 571.135 Federal Motor Vehtcte Safety information regulation (49 CFR Part 512). Standard No. 135. All comments received before the close of business on the comment Passenger Car Brake Systems dosing date indicated above will he 51. Scope. This standard specifies considered, and will be available for requirements for service brake and examination in the docket at the above associated parking brake systems. address both before and after that date. 52. Purpose. The purpose of this To the extent possible, comments hied standard is to ensure safe braking FMSI 16933 Federal Regts-fer / Veil. 50, No. 'JJ / Friday, May TO. 1085 / Proposed Rules 19753 perinrmnnce under norm;15 and emergency driving conditions. fW. Application. This standard applies to passenger cars manufactured on or alter September 1. 1991. In addition, pasraugrr oars manufactured before Scpioni!:;.'! 1, 7!K)1. may. at the option of lb:- manufacturer. meet the requirements ol Ibis standard instead of Federal Motor Vehicle Safety Standard No. 105. Hydmul'r Broke Systems S'. .b:h 'O.r/iS. "/Vdhoyirm utiKza'ion curves" of a v**hr:h: moans rurves showing, for "pet died load conditions, the adhesion r.*t;t> !>; earh axle plotted against the tnar.d'K r.o.tr of the vehicle. "Ault-inrh system" means; a portion of a vt-hu.ln's service brake system that automatically controls the degree of rotational wheel slip of one or more road wheels of the vehicle during braking. '`Backup system" means a portion of a service brake system, such as a pomp, that automatically supplies energy in the event of a primary brake power source failure.. "Brake power assist unit" means a detect? installed in a hydraulic brake system that reduces the amount of muscular force that a driver must apply to actuate the system, and that, if inoperative, does not prevent the driver from braking the vehicle by a continued application of muscular force on the so; vice brake control. Brake power unit" means a device instiiHed in a brake system that provides the energy required to actuate the brakes, eHher directly or indirectly through an auxiliary device, with driver aelmn consisting only of modulating the energy application level, "Braking ratio" means the deceleration of the vehicle divided by the gravitational acceleration constant. "Hydraulic brake system" means it ttystem that uses hydraulic fluid as a medium for transmitting force from a service brake control to the service brake, and that may incorprate a brake power assist unit, or a brake power unit. "Initial brake temperature" means the average temperature of the service brakes on (he hottest axle of the vehicle 0 " ' km (0.2 milesl before any brake application. "Ughtlv loaded vehicle weight" or "U VW" means unloaded vehicle weigh! plus >30 kg (396 pounds), including di in- ami instrumentation. "Maximum speed" of a vehicle means de highest speed attainable by i terating at a maximum rate from a ' u-diiig start fur a distance or 5.2 km (2 'e! on a level surfaces. w:th the - i 11; ip at its lightly loaded vehlf le 'Vi -yll! "Parking mechanism" means n component or subsystem of ihe drive train that locks the drive train when (he transmission control is placed in a parking or other gear position and the ignition key is removed. "Pressure component" means a brake system component that contains the brake system fluid and controls or sirnses the fluid pressure. "Skid number" means the frictional resister.ee of a pavemenl measured in accordance with American Society fur Testing and Material (ASTM) Method E274-70 (as revised July, 1974} lit 40 mph. omitting wider delivery as specified in paragraphs 7.1 and 7.2 of that method. "Snub" means the braking deceleration of a vehicle from a higher reference speed to a lower reference speed that is greater than zero. "Spike stop" means a slop resulting from the application of SOO N (202.3 pounds) of force on the service brake control in 0.00 second. "Split service brake system" means a brake system consisting of two or more subsystems actuated by a single control designed so that a leakage-type failure of the pressure component in a single subsystem (except structural failure of a housing that is common to two or more subsystems) does not impair the operation of any other subsystem. "Stopping distance" means the distance traveled by a vehicle from the point of application of force to the brake control to the point at which the vehicle roaches b full stop. "Variable proportioning brake system" means a system that automatically adjusts the braking force at the axles to compensate for vehicle static axle loading and/or dynamic weight transfer between axles during deceleration., S5. Requirements. Each vehicle shall meet the requirements of this section, under the conditions prescribed id S6, when tested according to the procedures and in the sequence set forth in S7. if a vehicle is incapable of attaining the specified test speed, if is tested at the speed that is a multiple of 5 Km/h (3.1 mph) and is 4 to 8 km/h (2.5 to 5.0 mph) less than its maximum speed, and its performance shall be. within a slopping distance given by (be formula provided for the specific requirement. 55.1. Full service broke system performance. 55.1.1. Stopping performance. The service brakes shall stop each vehicle in four series of effectiveness tests with in ihe distances and from the speeds specified in S5.1.1.1 through S5.1.1.4. 55.1.1.1. Frehurnished effectiveness. in the preburnished effectiveness lest, the vehicle shall stop, with its transmission in neutral, from 100 km/h (62.1 mph) within a distance of 72 m 1236 ft). If the vehicle is incapable of attaining 100 km/h. if shall slop within ;; distance given by S 0.05V + 0.Q0BV where S is Ihe maximum stopping distance in m. and V is the test speed in km/h. 55.1.1.2. Cohi effectiveness. In the cold effectiveness tests, the vehicle shah stop, with its transmission in neutral, from 100 km/h (62.1 mph) within a distance of 05 m (214 fij. If the vehicle is incapable or attaining 100 km/h. it shad stop within a distance given by S - 0.05V + 0.0C6V *, where S is the maximum stopping distance in m. and V is the test speed in km/h. 55.1.1.3. High speed effectiveness. In the high speed effectiveness test, the vehicle shall stop, with its transmission in gear, from a speed which is SCt','. of the maximum speed of the vehicle, within a distance given by S=0.05V+0.006VT where S is the maximum slopping distance in m. and V is the lest speed in km/h. 55.1.1.4. Final effectiveness. In the final effectiveness test, the vehicle shall stop, with its transmission in neutral, from 100 km/h (62.1 mph) within a distance of 72 m (236 ft). If the vehicle is incapable of attaining 100 km/h, it sbalf stop within a distance given by S-0.Q5V + O.OOOV*. where S is lh<> maximum stopping distance in m, and V is the test speed in km/h. S5.1.2. Adhesion Utilization. Adhesion utilization curves for both front and rear axles of the vehicle are generated for a speed of 50 km/h (31.1 mph), in gear, for both GVWR end IXVW conditions. If the vehicle is not equipped with an anti lock systems, the adhesion utilization curves shall rqpet the requirements of S5.1 2.1 and S5.1.2.2, as shown in Figure X. if Ihe vehicle is equipped with an anti lock system, the curves are generated with the anti-lock system disabled, and only the requirement of S5.1.2.1 shall be met. 55.1.2.1. Broking efficiency of individual axles. For ell values of peak coefficient of friction, k, between 0.2 am 0.8. each adhesion utilization curve shall be situated to the right of a line defined by z = 0.1 4 0.85 (k - 0.2), where z is the braking ratio. 55.1.2.2. Wheel lockup sequence. For all braking ratios between 0.15 arid 0.8. each adhesion utilization curve for a front axle shall be situated above the corresponding curve for the rear axle. FMS116934 19754 Fedora! Register / Vo!. 50, No. SI / Friday, May 10, 1985 / Proposed Rules ll r ll lliH Hill ^IIIII|||^^IM^^ IIIHUWIIHIimn >MMlta.lMIMmiJlJUIUJUUMUliLUIWaM^J-JUMMUXMUUJMLJMllil Figure 1 Adhesion Utilization Requirements Braking ratio, 7 $8.1.3, Faria and recovery. S5.1.2.1. /.vtperformance. After heating according to the procedure specified ir, S7.11.1, the vehicle shall stop, from 100 km/h (62.1 mph), with its transmission in neutral and with a pedal force equal to the average pedal force on the shortest coid effectiveness stop at GVWR, within a distance equal to the shorter of: (a) 91 m (298 It), or (b) The shortest stopping distance achieved in the cold effectiveness test at GVWR divided by 80%. If the vehicle is incapable of attaining 100 km/h. it is tested at the same speed used for the cold effectiveness test al GVWR and the distance in (a) is given by S-- 0.05V+(MX)86V*, where S is the maximum stopping distance in m and V is the test speed in km/h. $5.1.3.2. Recovery performance. After conducting the cooling stops according to procedure specified in S7.11.3, the VI,1 '~Ats shah stop from 100 km/h (62.1 with its transmission in neutral ur- v- th a pedal force equal to the a-.- :<><: pedal force on the shortest cold effectiveness stop at GVWR, in a distance that is: (a) Not longer than the shortest stopping distance achieved in the cold effectiveness test at GVWR divided by 70%, and (b) Not shorter than the shortest stopping distance achieved in the cold effectiveness test at GVWR divided by 120%. If the vehicle is incapable of attaining 100 km/h. it is tested at the same speed used for the cold effectiveness test at GVWR. S5.1.4. Spike stops- Each vehicle shall make 10 spike stops from 50 km/h (31.1 mph). S5.2. Portia! service'brake system performance. 55.2.1. Hydraulic circuit failure. 55.2.1.1. For vehicles manufactured with a split service brake system, in the event of any rupture or leakage type of failure in a single subsystem, other than a structural failure of a housing that is common to two or more subsystems, the remaining portions of the service brake system shall continue to operate and shall stop the vehicle from 100 km/h (62.1 mph) within a distance of 155 m (503 ft). If the vehicle is incapable of attaining 100 km/h, it shall stop within a distance given by s=0.05V + 0.015V-, where S is the maximum stopping distance in m. and V is the test speed in km/h. 55.2.1.2. For vehicles not manufactured with a split service brake system, in the event of any one rupture or leakage type of failure in any component of the service brake system and after activation of the brake system indicator as specified in S5.4.5.1, the vehicle shall, by operation of the service brake control, stop 10 times consecutively from 100 km/h (62.1 mph) within a distance of 155 m (509 ft.) If the vehicle is incapable of attaining 100 km,/ h. it shall stop within a distance given by S=0.05V -t-0.015Vk where S is the maximum stopping distance in m, and V is the test speed in km/h. 55.2.2. Inoperative brake power assist unit or brake power unit. 55.2.2.1. Engine failure (system charged). The service brakes on a vehicle equipped with one or more brake power assist units or brake power units, with all such systems fully charged at the beginning of the stop but the vehicle's engine not running, shaii stop the vehicle once from 100 km/h (62.1 mph) within a distance of 72m (236 ft). If the vehicle is incapable of attaining 100 km/h, it shall stop within a distance given by S--0.05V+0.0067V2, where S is the maximum stopping distance in m and V is the test speed in km/h. 55.2.2.2. Unit failure (system depleted). The sendee brakes on a vehicle equipped with one or more brake power assist units or brake power units, with one such unit inoperative and depleted of all reserve capability, shall stop the vehicle/rom 100 km/h (62.1 mph) within a distance of 155 m (509 ft), if the vehicle is incapable of attaining 100 km/h, it shall stop within a distance given by S-=0.05V+0.0015V3, where S is the maximum stopping distance in m. and V is the test speed in km/h. S5.2.3. Failed anti-lock or variable proportioning system. The service brakes on a vehicle equipped with one or more anti-lock or variable proportioning systems, in the even* of any single failure (structural or functional) in any one such system, shall stop the vehicle from 100 km/h (62.1 mph within a distance of 80 m (263 ft). If the vehicle is incapable of attaining 100 km/h, it shall stop within a distance given by S - 0.005V -t 0.0075V1. where S FMS116935 Federal Register / Voi. 50, No. #1 / Friday, May 10, 1985 / Proposed Rules jtmwrwpwtf'wmnwii iiini'iiii ii|i>|ii|iIi'iiiiiii muni iiiwuiu'wiiiiir"i^'rmtwirhiP'riniH'ig|HTwr*rr^anWi*RBBaaM----W 19755 is the maximum stopping distance in nr and V is the test speed in km/h. 55.3. Parking brake system 'performance. The requirements of S5.3.1 and S5.3.2 shall be met with a force applied to the parking brake control not exceeding 500 N 1113 lb) for a footoperated system or 320 N (72 lb) for s hand-operated system. 55.3.1. Gradient holding. The parking brake system shall hold the vehicle stationary for 5 minutes in both a forward and reverse direction on a 20 percent grade, with the vehicle's transmission in neutral. 55.3.2. Dynamic performance. The parking brake system shall stop the vehicle, with its transmission in neutral, from 60 km/h {37.3 mph) within a distance of 73 m (238 ft). In addition, the final deceleration rate just prior to stopping shall be at feast 1.5m/secJ(4.92 fl/sec2). 55.4. Equipment requirements. 55.4.1. Service brake system, F.ach vehicle shall be equipped with a service brake system acting on ali wheels. Wear of the brakes shall be compensated for by means of a system of automatic adjustment. 55.4.2. Parking brake system. Each vehicle shat! be equipped with a parking brake system of a friction type with solely mechanical means to retain engagement. 55.4.3. Controls. The service brakes shall be activated by means of a foot control. The control of the parking brake shall be independent of the service brake control, and may be either a hand or foot control. All service brake system requirements, including the partial system requirements of S5.2, shall be met solely by use of the service brake control. 55.4.4. Reservoirs. 5.4.4.1. Master cylinder reservoirs. A master cylinder shall have a reservoir compartment for each service brake subsystem serviced by the master cylinder. Loss of fluid from one compartment shall not result in a complete loss of brake fluid from another compartment. | 5.4.4.2. Reservoir capacity. Reservoirs, whether for master cylinders ur other type systems, shall have a total minimum capacity equivalent to the fluid displacement resulting when all the wheal cylinders or caliper pistons serviced by the reservoirs move from a new lining, fuliy retracted position (as adjusted initially to the manufacturer's recommended setting) to a fully worn, Fuliy applied position, as determined in accordance with 7.15(c) of this standard. Reservoirs shall have completely separate compartments for each subsystem except that in reservoir systems utilizing a por tion of the reservoir for a common supply to two or more subsystems, individual partial compartments shall each have a minimum volume of fluid equal io at least the volume displaced by the master cylinder piston servicing the subsystem, during a full stroke of the piston. Each brake power unit reservoir servicing only the brake system shall have a minimum capacity equivalent to the fluid displacement required to charge the system pislon(s) or accuniulator(s) to normal operating pressure plus the displacement resulting when all the wheel cylinders or caliper pistons serviced by the reservoir or accumulstor(s) move from a new lining fully retracted position (as adjusted initially to the manufacturer's recommended setting) to a fully worn, fully applied position. 5.4.4.3. Reservoir labeling. Each vehicle shall have a brake fluid warning statement that reads as follows, in letters at least 3.2 mm {1/8 inch) high: "WARNING, Clean filler cap before removing. Use only ______ fluid from a sealed container." (Inserting the recommended type of brake fluid as specified in 49 CFR 571.116, e.g., "DOT 3".) The lettering shall be: (a) Permanently affixed, engraved or embossed; (b) Located so as to be visible by direct view, either on or within 100 mm (3.94 inches) of the brake fluid reservoir filler plug or cap; and (c) Of a color that contrasts with its background, if it is not engraved or embossed. I 5.4.4.4, Fluid level indication. Brake fluid reservoirs shall be so constructed that the level of fluid can be checked without need for the reservoir to be opened. This requirement is deemed to have been met if the vehicle is equipped with k brake fluid level indicator meeting the requirements of 5.4.5.1(b). 5.4.5. Brake system warning indicator. Each vehicle shall have one or more visual brake system warning indicators, mounted in front of and in clear view of the driver, which meet the requirements of 5 5.4.B.1 through 5.4.5.5. In addition, a vehicle manufactured without a split setvice brake system shall be equipped with an audible warning signal that activates under the conditions specified in ^ 5.4.5.1(a). S5.4.5.1.Activation. An indicator shall be activated when the ignition (start) switch is in the "on" ("run'') position and whenever any of conditions (a), (b) or (c) occur. (a) A gross loss of fluid or fluid pressure [such as caused by rupture of a brake line but noi by a structural failure of a housing that is common to two or more subsystems) as.indicated by one of the following conditions (chosen at the option of the manufacturer): (1) A drop in the level of the brake fluid in any master cylinder reservoir compartment to less than the recommended safe level specified hy the manufacturer or to one-fourth of the fluid capacity of that reservoir compartment, whichever is greater. (2) For vehicles equipped with a split service brake system, a differential pressure of 1.5 MPa (218 psi) between the intact and failed brake subsystems, measured at a master cylinder outlet or a slave cylinder outlet. (3) A drop in the supply pressure in a brake power unit to a one-half of the normal system pressure. (b) A total functional electrical failure in an anti-lock or variable proportioning brake system. (c) Application of the parking brake. 55.4.5.2. Function check. All indicators shall be activated as a check of function either when the ignition (slart) switch is turned to the "on" ("run") position when the engine is not running, or when the ignition (start) switch is in a position between "on" ("run") and "start" that is designated by the manufacturer as a check position, and the transmission shift lever is in a position other than a forward or reverse drive position. 55.4.5.3. Duration. Each indicator activated due to a condition specified in S5.4.5.1. shall remain activated as long as the condition exists, whenever the ignition (start) switch is in the "on" ("run") position, whether or not the engine is running. 55.4.5.4. Function. When a visual warning indicator is activated, it may be continuous or flashing, except that the visual wanting indicator on a vehicle not equipped with a split service brake system shall fee flashing. The audible warning required for a vehicle manufactured without a split service brake system may be continuous or intermittent. 55.4.5.5. Lab/ding, (a) Each visual indicator shall display a word or words, in accordance with (he requirements of Standard No. 101 (49 CFR 571.101) and/ or this section, which shall be legible to the driver under all daytime anti nighttime conditions when activated. Unless otherwise specified, the words shall have letters not less than 3.2 mm f'/s inch) high and the letters and background shall be of contrasting colors, one of which is red. Words or symbols in addition to those required by Standard No. 101 and/or this section may be provided for purposes of clarity. FMSI 16936 19756 Fftderal Register / Vol. 5tt. No. 91 / fib! ay. May H), iritis / Proposed Rules (hj Vehicles n,;nu':i'!with a split St`i ! 1 -..t : 'p, 0:0 r"-:-! cse ! single common lrr:jkc U'.o'ning ir.;tc;!:.sr. tf a single common indicator is used. ri shall display the word S;,.,'-c' {<:) A vehicle manufactured wi'h<uit a spill si rvico breke system s|-,;t!| is;,' a uepstri-te indicator to indb ate tin? failure conih ' Ci In. 35.4.1|;<). This indicator shall dipls the words "STOP--BRAKE FAILURE" iri block capital b tiers no! less than 6 4 mm (V. inch) in height. !<.!) (rseparate indicators are used for one in more than one r-f the functions described in S5.4.5.`l(a) to So.4.5 lie), the indicators shall display the following vvnohiip: Ft' 1! a separate indicate!' is provided tor tie' low brake fluid condition m S.r>.4.5.1(a!(Il, the words 'TSvake Fluid" shall t>e used except for vehicles using hydraulic system niiieiul nil. l-lj If a separate indicator is provided rot (he gras: loss of pressure condition in Sfl.4.5.](aj(2), the words "Brake Pressure;" shall be used. (3) lf a separate indicator is provided lor anti-lock failure ns specified in S6.4.5.1 (b), the single word "Antilook" or 'Anti-Lock'' may be used. Thu letters and background of a separate indicator for art antilock system shall he rtf contesting colors, one of which is yellow |4) It a separate indicator is provided for application of the parking brake us specified for S5.4.5.1(c). the single word "Park" may be used. (5) II a separate indicator is provided for any other function, the display shall include the word "Brake" and appropriate additional labeling. 65.5. Brake system integrity. Rar.li vehicle shall meet the complete periommrsce requirements of S8 without: (a) Detachment or fracture of any component of the braking system, such as brake, springs and brake shoe nr disc pad facing, other than minor cracks that do not impair attachment of the friction facing. All mechanical components of the braking system shall be intact anti functional. Friction feeing tearnul (complete detachment of lining) shall not exceed 10 percent of the fining on any single frictional element. (b) Any visible brake flijiil or lubricant on the friction surface of the brake, or leakage at the master cylinder or brake power unit resevvior cover, seal, and filler openings. S!i Test Conditions. The performance requirements of S5 shall be met under the following conditions. Whore a range of conditions is specified, the vehicle shall meet the requirements of all points within the range. SO 1 .3 rebient conditions. SO t. i. Ambient temperature. The ambient temperature is any temperature between 0 "C (.52 'F) and (40 T). PO.1.2. Wind speed. The wind speed is not greater than fim/sec (n.2 mph). 56.2. Road test surface. SB.2.1. Skid number. The road test surfed has a skid number of 81. 56.2.2. Gradient. Except for the parking brake gradient holding test, the test surface has ne more than a 1% gradient in the direction of testing and no more than a 2% gradient perpendicular to the direction of testing. Sfi.2.3. Lane width. Road-tests are conducted on a test lane 3.5m (ll.Sfll wide. 8K.3. Vehicle conditions S8.3.1- Vehicle weight. Except for the test at I.LVW in.S7.7, S7.8 and S7.9. the vehicle is loaded to its GVWR such that the weight on each axle as measured at the tire-ground interface is in proportion to its GAWR, except that the fuel tank is filled to 100 percent of capacity at the beginning of testing (corresponding to full GVWR loading) and mov not be less than 75 percent of capacity during any part of the testing. However, if the weight on any axle of a vehicle at lightly loaded vehicle weight exceeds the axle's proportional share of the gross vehicle weight rating, the load required to reach GVWR is placed so that the weight on that axle remains the same as at lightly loaded vehicle weight. Fur the tests at LLVW specified in S7.7. S7.8 and S7.9, the vehicle is loaded to its lightly loaded vehicle weight, with the added weight distributed in the front passenger seat area. 68-3.2. Lining preparation. At the beginning of preparation for the road test in S7.1, the brakes of the vehicle are in the same condition as when the vehicle is manufactured. No burnishing or other special preparation is allowed, unless all vehicles sold to the public are similarly prepared as a part ot the manufacturing process S6.3.3. Adjustment and repair.,, the requirements must be met without replacing any brake system par! or making any adjustments to the brake system except as specified in 'his standard. Where a brake adjustment is specified in this standard, adutsl the brakes, including the parking brakes, in accordance with the manufacturer's recommendation. .Automatic adjusted are operational throughout the entire test sequence and are adjusted manimlhor by making stops, as recommended by the manufacturer. The brakes tire adjusted in this manner prior to the beginning of the road test sequence. Sit.3.4. Tire initiation pressure. 1 irei are inflated to the pressure recommended by the vehicle manufacturer for the GVWR of tin: vehicle. S6.3.5. Engine. Engine idle speed and ignition timing settings are according to the manufacturer's recommendations If the vehicle is equipped with an adjustable engine speed governor, i! is adjusted according to the manufacturer's recommendation. S6.3.8. Vehicle openings. All vehicle openings (doors, windows, hood, trunk, convertible top, cargo doors, etc.) are closed except as required for instrumentation purposes. SB.4. instrumentation--Brake temperature. The brake temperature is measured by plug-type thermocouples installed in the approximate center of the facing length and width the most heavily loaded shoe or disc pad, one pet brake, as shown in Figure 2. A second thermocouple may be installed at the beginning of the jest sequence if the lining wear is expected to reach a point causing the first thermocouple to contact the metal rubbing surface of a drum or rotor. For center-grooved shoes or pads, thermocouples are installed within 3 mm (.12 in) to 6 mm (.24 in) of the groove anti as close to the center as possible. FMSl 16937 Federal Register / Vol. 50, No. 91 / Friday, May 10, 1985 / Proposed Rules 1975 Figure 2 Typical Plug-Type Thermocouple Installations * KFORC siacmk i lining S6.5. Procedural conditions. 56.5.1. Vehicle position and attitude. The vehicle is aligned in the center of the lane at the start of each brake application. Stops are made without any part of the vehicle leaving the lane and without rotation of the vehicle about its vertical axis of more than 15 from the center line of the test lane at any iime during any stop. Steering corrections are permitted. 56.5.2. Transmission selector control. For tests in neutral, the transmission selector control is in neutral for all decelerations. For tests in gear, the transmission selector is in the control position recommended by the manufacturer for driving on a level surface at the applicable test speed. To avoid engine stall during tests required to be run in gear, a manual transmission may be shifted to neutral (or the clutch disengaged) when the vehicle speed is below 30 km/h (18.0 mph). 56.5.3. Wheel lockup. Unless otherwise specified, stops are made without lockup of any wheel at speeds greater than 15 km/h (9.3 mph). 55.5.4. Control forces. Unless otherwise specified, the force applied to a service brake control is not more than 500 N (172.4 lb) nor leas than 65 N (14.8 lb). 56.5.5. Initial brake temperature. Unless otherwise specified, the initial brake temperature is 50 "C (122 F) to 100 "C (212 "F). If the lower limit of initial brake temperature for the first stop in a test sequence (other than a parking brake grade holding test) has not been reached, the brakes are heated to the initial brake temperature by making one or more brake applicaiions from a speed not exceeding 100 km/h (62.1 mph), at a deceleration not greatm than 3 m/sec2 (9.8 ft/sec2). S6.5.6. Stopping distance. The brakhv performance of a vehicle is determined by measuring the stopping distance fnu a given initial speed. Unless otherwise specified and subject to the constraints above, the vehicle is to be stopped in i` shortest distance achievable (best effort) on all stops. Where more than one stop is allowed for a given set of test conditions, a vehicle is deemed to comply with the corresponding stoppin distance requirements if at least one of the stops is made within the prescribed distance. S7 Test procedures and sequence. Each vehicle shall meet all the applicable requirements of S5 when tested according to the procedures and in the sequence set forth below. When the transmission selector control is required to be in neutral for; deceleration, a stop or snub is made in accordance with the following procedures: (1) Exceed the test speed I 6 to 12 km/h (3.7 to 7.5 mph): (2) close the throttle and coast in gear to approximately 3 km/h (1.9 mph) above the test speed; (3) shift to neutral; and (4) when the test speed is reached, apt the brakes. 57.1. Preparation 57.1.1. Instrumentation. Install shut off valves and pressure transducers in the hydraulic system to allow the front and rear brakes to be operated Independently and to allow ' measurement of front and rear brake line pressures. Valves and transducer? are located downstream of any proportioning valves. 57.1.2. Load vehicle. Load the vehici to its GVWR, with the load distributee between the axles in proportion to the GAWR's. 57.1.3. Pretest instrumentation checi Conduct a ggneral check of instrumentation by makihg 10 stops fn a speed of not more than 50 km/h (31.i mph), at a deceleration of not more th; 3 m/sec1 (9.8 ft/sec *). The lower fort limit of S6.5.4 does not apply to these stops. If instrument repair, replacemen or adjustment is necessary, make not more than 10 additional stops after sui repair, replacement, or adjustment. 57.2. Service brake system-- prebumish effectiveness test. Make fo: stops from 100 km/h (62.1 mph). 57.3. Service brake system--cold effectiveness test at GVWR. S7.3.1. Burnish. At the option of (he. manufacturer, the brakes may be burnished by making 36 slops from 80 km/h (49.7 mph) at a deceleration rate 3 m/sec* (9.8 ft/sec *}, with the transmission selector control in gear FMSI 16938 19758 Federal Register / Vul. No. in j Friday, May 10, 1985 / Proposed Rules The lower force limit of Sfi.5.4 dock not apply fu these stops. The inienutl front the star! of one service brake application to the start of the nest is cither the time necessary to reduce the initial brake temperature to 100 "C (212 `T'j. or tin; distance of 2 km (1.24 mi), whichever occurs first. Accelerate to HO km/hr (49.7 mph) after each slop and maintain that speed until making the rntxl stop. After burnishing, adjust the brakes as specified in S6.3.3. S7.3.2 Coid effectiveness stops. Make lour stops from 100 km/h (02.1 mph|. 57.3.3. Hehurnish. At the option of the manufacturer, the brakes may be given an additional burnish of 50 slops according to the procedure specified in S7.3.1. 57.3.4. Coid effectiveness stops-- rotest. If the optional rebumishing is selected, the four stops from 100 km/l'.r specified in S7.3.2 are also repeated. For purposes of determining required performance on the hoi performance and recovery stops of the fade anil recovery sequence, the best 'Performance achieved of all stops in S7.3.2 and S7.3.4 and the corresponding mean pedal force is used as a baseline. 57.4. Adhesion utilkeotiun tests. S7.4.1. Test procedure. S7.4.1 1 Coast downs in neutral and in pear. Coast in neutral and determine the time required to decelerate from 55 to 45 km/b (34.2 to 2843 mph). Make six runs starting from 65 km/h (40.4 mph). Repeal with the transmission in gear appropriate for decelerating from 65 to 45 km/h (40,4 to 23,0 mph). S7.4.1.2. Preliminary snubs to determine front and rear brake pressures needed to achieve 6.4 m/sec 2 (21 ft/sec3j with all brakes operational. With an initial brake temperature of 50-100 *C (122-212 "F| in each case, make four preliminary snubs to determine the front and rear brake pressures when the vehicle deceleration is 6.4 m/sec*(21 ft/sec *). Accelerate the vehicle to 70 km/h 141 5 mph). coast in gear to 65 km/h (40 1 mph), shift to neutral and apply the brakes at a constant froni brake pressure until the vehicle reaches 45 km/h (28.0 mph). For subsequent snubs, adjust die brake pressure so that the deceleration time from 55 to 4.5 km/h (.*14.2 to 28.0 mph). is between .40 seconds and .46seconds. The front and rear brake pressures, for the snub having a deceleration time closest to 0.43 seconds are used in the front-only and rear only brake tests which fallow. S7.4.1.3 Front brake only test. Moke six snubs, in neutral, at the eonahint front brake'pressure do term vied in S7.4.1.2, using the same initial brake temperatures. Determine the average value of liie brake pressure actually maintained between 55 and 45 km/h (54.2 and 28.0 mph) for each snub, by recording brake pressure versus time. Record deceleration times from 55 to 45 km/h (34.2 to 28.0 mph) for each snub. 57.4.1.4. Hear brake only test. Repeat S7.4.1.3 with only the rear brakes operational using the rear brake pressure determined in S7.4.1.2. 57.4.1.5. Determination of front versus rear brake pressure. Determine the front versus rear brake pressure relationship over the entire range of line pressures. Unless the vehicle has a load sensing valve, this determination is made by static test. If the vehicle has a load serisin;' valve, dynamic tests are run with the vehicle both empty and loaded. Between 20 and 25 snubs are made for each of tbe two toad conditions, using the same speed and initial conditions specified in S7.4.1.2. 57.4.1.6. Determination offront and rear broke push-out pressunrs. Determine the level of pressure required at each brake to initiate torque. Do this by jacking the vehicle and rotating ihe wheel by hand while slowly increasing brake pressure until brake torque is first detected. Record the pressure. Average the pressures for the two front brakes together and the two rear brakes together to obtain the front and rear brake push-out pressures respectively. S7.4.2. Calculations. S7.4.2.1. Calculate the coastdown deceleration for each of the six rafts in neutral and each of the six runs in gear in accordance with the following formula: /. Is Where deceleration {g}, g - 9.8 m/ sue3 and t -- time (seconds] to decelerate from 55 to 45 km/h (34.2 to 28.0 mph). Average the six coastdown decelerations in neutral (z const in neutral) and tbe six coast-down decelerations in gear (z coast in gear). 57.4.2.2. Determine ihe decelerations as in S7.4.2.1 for the front brakes only tests and the rear brakes only tests. Subtract the average coastdown deceleration in neutral from each of the six decelerations in each test series. 57.4.2.3. Determine the front and rear braking forces from each of the six decelerations in each test series by. T v. !>Z Where T~braking force (N), P - total vehicle weight (N). and Z is Ihe deceleration (g). S7.4.2.4. Determine the braking force versus brake pressure relationship for the front brakes and for the rear brakes as follows: Fit a straight line through the push out pressure, zero force point and the group of six pressure, force data points determined in the snubs. The group of six data points is fit using Ihe method oi least squares. With this method, the slope of the line is defined as follows. i: (t, i -1 s = ------------------------ -------------------- 6 6 IJ (*i)z ~ *o E *i i*1 i =1 Where s is the slope of the braking force versus brake pressure relationship (N/MPa), Ti is the braking force measured on snub i (N). Xi is the average brake pressure for snub i (MPa) and x0 is the push-out pressure (MPa). 57.4.2.5. Using the linear relationship for rear braking force versus rear brake pressure from S7.4.2.4 and the front versus rear brake pressure relationship from S7.4.1.5. determine rear braking force versus front brake prsessure. 57.4.2.6. At any value of front brake pressure, the total vehicle deceleration is calculated from: r T,+T, ' 4 1-CHdU it, l,'1., p Where ZT+total vehicle deceleration (g). Tt-i- front braking force (N) at the given front brake pressure, T* -- rear braking force dorresponding to the same front brake pressure. P-- total vehicle weight (N), and Ze,,,,, to is the average coastdown deceleration in gear S7.4.2.7. At any level of front brake pressure, the adhesion utilization of the brakes on both axles is calculated from: h f2 Ti + 0 Pi + ZT HP l T + D Lp E Where f, .. adhesion utilization of ilia froni axle, fc=adhesion utilization of the rear axle. Pi -- static weight on the front FMSI 16939 Federal Register / Vo!. 50, No. 91 / Friday, May 10. 1985 / Proposed Rules 19753 axle (N). fb static weight on the rear axle (N), h = center of gravity height |min], F. vehicle wheelbase (mm), D -engine and drive train drag such that: Vur mm-driving axle: t) () rur the driving axle: I)-llZa....... .................. ,...l Sr.4.8. The adhesion utilization for all other states of load is determined by repeating S7.4.2 6 and S7.4.2.7 using appropriate values of P, Pi. P> and h, and adjusting the coastdown deceleration in gear by multiplying it by the ratio: Pj.tesl weigh! tV.'si.f'd -... ! V.-Cucs ofTi, D and E are independent of vehicle loading). S7.4.2.9. Plot fi and f; versus Zr for both the laden and the unladen condition These are the adhesion utilization curves for the in-gear case. S7.5. Service brake system--high speed effective tests at GVWR. Make 4 stops from 80 percent of the maximum speed of the vehicle, in gear. S7.6 Slops with engine off. (For vehicles equipped with one or more, brake power units or brake power assist units) Make four stops from 100 km/h (62.t mph), in neutral, with the engine not running. All reservoirs are fully charged prior to the beginning of each stop, 57.7. Service brake system--cold effectiveness tests at LLVW. 57.7.1. Unload vehicle. Decrease the vehicle load to U.VW. 57.7.2. Cold effectiveness stops. Make lour stops from 100 km/h (62.1 mph). 57.8. Service brake system--high speed effectiveness tests at LL PH'. Make 4 stops from 80 percent of the maximum speed of the vehicle, in gear. 97.0. Partial system tost at LL VW. S7.9.1. Circuit failure. Alter the service brake system to produce any one rupture or leakage type of failure, other than a structural failure of a housing that is common to two or more subsystems. Determine the control force, pressure level, or fluid level (as appropriate for the indicator being tested) necessary to activate the brake warning indicator. After the brake warning indicator has activated, make four stops if the vehicle is equipped with a split service brake system or 10 stops if the vehicle is not so equipped, each from 100 km/h (62.1 mph) in neutral, by a continuous application of the service brake control. Restore the service brake system to norma! at the completion of this test. Repeat the entire sequence for each of the other subsystems. 57.9.2. failed anti--lock or variable proportioning system. (For vehicles equipped with anti-lock and/or variable proportioning brake systems). Disconnect the functional power source, or otherwise render the anti-lock system inoperative, or disconnect the variable proportioning brake system. Make four stops, each from 100 km/h (62.1 mph). Determine whether the brake system indicator is activated when any electrical power source to the ant-lock or variable proportioning unit is disconnected. Restore the system to normal at the completion of this test. If more than one anti-lock or variable proportioning brake subsystem is provided repeat for each subsystem provided. 57.10. Partial system tests at GVWR. 57.10.2. Load vehicle. Restore the vehicle to its GVWR loading. 57.10.2. Circuit failure. Repeat S7.9.1. 57.10.3. Failed anti-lock or variable proportioning system. Repeat S7.0.2. 57.10.4. Inoperative brake power assist unit or brake power unit. (For vehicles equipped with one or more brake power units or brake power assist units). Disconnect the primary source of power for one brake power assist unit or brake power unit, or one of the brake power unit or brake power assist unit subsystems if two or more subsystems are provided. If the brake power or brake power assist unit operates in conjunction with a backup system and the backup system is automatically activated in the event of a primary pow er source failure, the backup system is operative during this test. Exhaust any residual brake power reserve capability of the disconnected system. On vehicles with brake power units, disconnect the primary source of power. Make four stops, each from 100 km/h (62.1 mph) by a continuous application of the service brake control. Restore the system to normal at completion of this test. For vehicles equipped with more than one brake power unit or brake power assist unit, conduct tests for each in turn. 57.11. Fade and recovery tests (GVWR). S7.11.1. Heating snubs. [Proposed alternative 1] Make 80 snubs from 55 km/h to 25 km/h (34.2 to 15.6 mph), at a constant deceleration rate of 2.4 m/sec3 (7.9 ft/sec2). Tire lower force limit in S6.5.4 does not apply to these snubs. Establish and initial brake temperature before the first brake application of 55 to 65 C (131 to 149'F). Initial brake temperatures before brake applications for subsequent stops are those occurring at the distance intervals. Attain the required deceleration within one second and, as a minimum, maintain it for the remainder of the snub. Maintain an interval of 15 seconds between the start of brake applications. Accelerate as rapidly as possible to the initial test speed immediately after each snub. Immediately after the 80th snub, accelerate to 100 km/h (62.1 mph! to commence the hot performance test. (Proposed alternative 2| Make 15 snubs from 120 km/h (74.6 mph) or 80'% of the maximum speed of the vehicle, whichever is slower, to one-half the initial speed. Maintain a constant deceleration rate of 3.0 m/sec(9.8 ft/ sec3). The lower force limit in S6.5.4 does not apply to these snubs. Establish an initial brake temperature before the first brake application of 55 to 65 C {1 !1 to 149' F). biitial brake temperatures before brake applications for subsequent stops are those occurring at the distance intervals. Attain the required deceleration within one second and. as a minimum, maintain it for the remainder of the snub. Maintain an interval of 30 seconds between the start of brake applications. Accelerate as rapidly as possible to the initial (est speed immediately after each snub. Immediately after the 15th snub, accelerate to 100 km/h (62.1 mph) to commence the hot performance test. S7.11.2 Hot performance test Make one stop from 100 km/h (62.1 mph), in neutral, at a pedal force no! greater than the mean pedal force actually measured on the best cold performance stop in either S7.3.2 or S7.3.4. Immediately after the stop, drive 1.5 km (.93 mi) at 50 km/h (31.1 mph) before the first cooling stop. 57.11.3. Brake coaling. Make four stops from 50 km/h (31.1 mphj, in gear, at a constant deceleration rate of 3.0 ml sec3 (9.8 ft/sec3). The lower force limit in S6.5.4 does not apply to these stops. Immediately after the first through third stops, the vehicle shall be accelerated at Ihe maximum rate to 50 km/h (31.1 mph) and that speed maintained until beginning thouiext glop at a distance of 1.5 km (0.95 mi) since the beginning of the previous stop. Immediately after the fourth atop, accelerate the vehicle at the maximum rate to 100 km/h (62.1 mph) and maintain that speed until beginning the recovery performance stop at distance of 1.5 km (0.93 mi) after the beginning of the fourth cooling stop. 87.11.4. Recovery performance test. Make one stop from 100 km/h (62.1 mph), under the same conditions as for the hot performance test in S7.11.2. S7.12. Parking brake performance. S7.1Z.1, Conditions. S7.12.1.1. Application force. The parking brake shall be actuated by a single application not exceeding the limits specified in S5.3, except that a series of applications to achieve the FMSI 16940 19760 Federal Register / Vo!. SO, No. 91 / Friday, May 10, 1985 / Proposed Rules specified force may be made in the case of a parking brake system design that does not allow ihe application oi the specified force in a single application. The force required for actuation of a hand-operated brake system shall be measured at the center of the hand grip area or at a distance of 40 mm (1.57 in) from the end of the actuation level, as illustrated in Figure 3. Figure 3 Location for Measuring Brake Application Forea (Hand Brake) r <i.------- \j t r ft --<L- "L" TYPE "t" TYPE *i 8 j~~ LEVER TYPE A F APPLIED R - REACTION Dimension a * 40mm {1.57 in) 57.12.1.2. The lower temperature limit of $6.5.5 does not apply to the test in S7.12.2 and S7.12.3. 57.12.1.3. For vehicles with parking brake systems not utilizing ihe service brake friction elements, the friction elements of such a system are burnished prior to the parking brake tests, according to ihe published recommendations furnished to the purchaser by the manufacturer. If no recommendations are furnished, the vehicle's parking brake is tested >n an unburnished condition. Si7.12.2. Gradient Hold. Drive ihe vehicle onto a 20 percent grade with the longitudinal axis of the vehicle in the direction or the slope of the grade, stop (ho vehicle and hold it stationary !>y application of the service brake control, and place the transmission in neutral. With the service brake applied sufficiently to just keep the vehicle from rolling, apply the parking brake as specified in 87.12.1.1. Following the application of the parking brake, release ali force on the service brake control and, if the vehicle remains stationary, start the measurement of time, if the vehicle does not remain stationary, reapplication of a force to the parking brake control at the level specified in 87.12.1.1 as appropriate for the vehicle being tested (without release of the ratcheting or other holding mechanism of the parking brake) may be used twice to attain a stationary position. Verify the operation of the parking brake application indicator. Following observation of the vehicle in b stationary condition for the specified time in one direction, repeat the same test procedure with the vehicle orientation in the opposite direction on the same grade. 87.12.3. Dynamic test. Make one stop from B0 km/h (37.3 rnph), in neutral, with a force applied to the parking brake control not exceeding the values specified in S7.12.1.1. if the required performance is not achieved, a second attempt is permitted. 87.13. Spike stops. Make 10 successive spike stops from Ml km/h (31.1 mph) with the transmission in neutral, with no reverse stops. Make the spike stops by applying a control force of 000 N (202.3 lb) while recording control force versus time. Maintain the control force until the vehicle has stopped. The prohibition of wheel lockup in Sfi.5.3 does not apply to this test. 87.14. Service brake system-Final effectiveness test. Make four stops from 100 km/h (62.1 mph). 57.15. Final inspection. Inspect-- fa) The service brake system for detachment or fracture of any components, such, as brake springs and brake shoes or disc pad facing. (b) The friction surface of the brake, the master cylinder or brake power unit reservoir cover, and seal and filler openings, for leakage of brake fluid or lubricant. (c) The master cylinder or brake power unit reservoir for compliance with the volume and labeling requirements of $5,4.4.2 and S5.4.4.3. ir. determining the fully applied worn condition, assume that the lining is worn to (l) rivet or bolt heads on riveted or bolted linings or (2) within 0.8 mm (Vii* inch) of shoe oixpud mounting surface on bonded linings, or (3) the limit recommended by the manufacturer, whichever is larger relative to the total possible shoe or pad movement. Drums or rotors are assumed to be at nominal design drum diameter or rotor thickness. Linings are assumed adjusted for norma! operating clearance in the released position. (d)The brake system indicators, for compliance with operation in various key positions, lens color, labeling, and location, in accordance with 85.4,5. issued on May 3, Barry Felrice, Asseciotv for flititortoi.in#. |FR Dw. B5-.H402 Filed 5-7-HS; 3-43 pmi BILLING CODE 4819-59- FMSI 16941 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 8 2 4 May 10, 1985 JURY VERDICT IN ASBESTOS SUIT IN PEORIA, ILLINOIS The Institute was recently advised that a jury trial of certain brake lining manufacturers had concluded in Peoria, Illinois, where the de fendant manufacturers had been upheld against a plaintiff alleging asbestosis from asbestos dust exposure to brake linings in a machine shop. The case was Nall versus Raymark, Abex, Bendix and General Motors, and was tried in Peoria. County, Illinois. Some details on the trial were published in the Asbestos Litigation Reporter published by Andrews Publications, Inc., Edgemont, PA 19028. As the contents of the Asbestos Litigation Reporter are copyrighted, the Institute cannot distribute copies of their write-up. The article appeared in the April 19, 1985 issue of that service. Some of the arguments cited may be of interest to Member Companies and their Legal Counsel. The foregoing is for your information. E. W. Drislane Executive Director Distribution: Delegates and Alternates Regional Members (U. S. Dues) FMS116942 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMOS, NJ 07652 BULLETIN NO. 823 May 1, 1985 ASBESTOS CLAIMS FACILITY E nclosed is a press release on establishment of the "Asbestos Claims Facility." This is a private sector initiative by producers and insurers to effect reasonable solutions to claims of parties for asbestos-related injuries. Mr. Comins, President, suggested that information on this facility would be of interest to the Membership. This press release was the source for articles that appeared in industry magazines over the past several weeks. Essentially, this is an attempt by the industry-insurance group to pro vide equitable solutions to the massive asbestos claims litigation crowd ing the country's courts. Most producer - members of the group are those involved with the construction trades who bore the brunt of the early asbestos litigation. While the Manville Corporation is listed as a "con ditional" producer sign-up, it withdrew from the group after filing for Chapter 11 protection. There is no formal contact or Office at this time. It is expected that a headquarters Office will be set up in Boston within the next several months. The foregoing is for your information. E. W. Drislane Executive Director Distribution: Delegates and Alternates Regional Members (U.S. Dues) FMSI 16943 Bu r son Marsteller................... News Release FOR IMMEDIATE RELEASE Wellington Resolution Group Carolyn Tieger (202) 833-8550 WELLINGTON RESOLUTION GROUP CEOs GIVE "GREEN. LIGHT" TO ASBESTOS CLAIMS FACILITY; SET SCHEDULE TO CLOSE FINAL AGREEMENT____ WASHINGTON, D.C., February 27 , 1985 -- The Wellington Resolution Group announced today that the proposed Asbestos Claims Facility, a private sector solution to the massive number of asbestos-related injury suits clogging the nation's court system, has been given a "green light" and is expected to be established in May of this year. The Facility is the result of over two years of highly 4 complex and intense negotiations between producers and insurers involved in asbestos-related lawsuits and insurance coverage disputes. A unanimous decision was made by the chief exective officers of the Wellington Resolution Group to proceed with a concrete schedule designed to achieve finalization of the Facility. FMSI 16944 -2- "We are going forward with the Facility and we will proceed swiftly," said John Baldwin, president of Pittsburgh Corning and chairman of the Wellington Producers Group. "Ihere is no question that this alternative to our court system will satisfy the interests of the parties involved, especially the injured workers," he added. The Facility is designed to provide a faster, less costly, and equitable alternative to asbestos claims litigation. It will be available to those claimants involved in the more than 23,000 cases currently pending in state and federal courts, as well as the new suits that are being filed at the rate of about 500 per month. John F. Shea, Jr., vice president and claim counsel of Aetna Life & Casualty and chairman of the Wellington Insurers Group, stated that "although we will actively continue to seek additional subscribers, the recent conditional sign-ups of Fireman's Fund, CNA and Home insurance companies have <f greatly eahanced our effort to move the proposal forward." "We applaud the decisions of the CEOs of these companies to join us and hope that other insurers will soon follow," said Shea. The Facility currently boasts 33 producers and 22 insurance companies that have conditionally signed the Agreement. -more- FMS116945 -3- Robin Jackson, chairman of the London Asbestos Working Party, stated that he was very encouraged by the progress that is being made and pledged the continuing support of the London insurance market to the objectives of the Wellington Group. The Rand Corporation has estimated that producers and their insurers have spent approximately $1 billion in compensation and legal expenses in the last ten years. Injured workers, however, have received only 37 cents of every dollar. "Providing fair and equitable compensation to injured workers does not require that hundreds of millions of dollars be wasted in legal expenses," said Harry Wellington, Dean of Yale Law School and chairman of the negotiations. s"Ih e proposed Facility serves the national interest. It will ease the judicial morass that the suits have created in the tort system. It will allow the companies involved to manage their liability and pursue financial planning for^the future, thereby making greater contributions to the nation's economy," Wellington continued. Wellington praised the companies involved for their persistence and strong commitment to finding a fair solution to one of the nation's greatest occupational disease problems and noted that the Facility provides a precedent for settling massive numbers of suits in other segments of our society. -more- FN1S116946 -4- The Facility has received the support of many Members of Congress and Administration officials in recent months. Secretary of Commerce Malcolm Baldrige said the efforts of the Wellington Resolution Group "are clear testimony to the ability of the private sector to resolve major problems that widely affect our society. It is significant that you have done so without requiring the intervention of Government." The next few months will be marked by a number of significant dates leading to the proposed May culmination of the Agreement. They include: March 12 Mandatory meeting of subscribing producers to assure completion of insurance coverage information essential for final closing of Agreement. . March 19 Senate Labor Subcommittee holds oversight hearings on Facility; Wellington subscribers testify. March 29 Insurance coverage information provided by subscribing producers to subscribing insurers. April 24-26 All subscribing insurers and producers meet to reconcile insurance coverage information -- agreeing on items in schedules and noting any items for alternative dispute resolution. May 10 Reconciled insurance schedules provided by subscribing producers to subscribing insurers. May 22 Pre-closing meeting of all conditional subscribers. May 29 Final closing, final signing, Washington, D.C. -more- FMS116947 ~ SiBur ing this time period, the Facility will be incorporated and the Wellington Resolution Group will also complete its search for a chief executive officer as well as other personnel. The Facility will be headquartered in Boston with a claims office in San Francisco. The Wellington Resolution Group is comprised of six major producer companies and six major insurance companies that have negotiated the Agreement to establish the Asbestos Claims Facility. ## FMSI 16948 CONDITIONAL PRODUCER SIGN-UPS A C and S, Inc. Amatex Corporation Armstrong World Industries, Inc. Brinco Mining, Ltd. The Celotex Corporation Certain-Teed Corporation Dana Corp. Eagle-Picher Industries, Inc. Eastern Refractories Co., Inc. Fibreboard Corporation The Flintkote Company Forty-Eight insulations, Inc. The Keene Corporation Lac D'Amiant du Quebec, Ltd. Manville Corporation Maremont Corporation National Gypsum National Service Industries, Inc. Nuclear Environmental protection, Inc. Owens-Corning Fiberglas Corporation Owens-Illinois, Inc. PACOR, Inc. Pittsburgh-Corning Corporation Porter Hayden Corporation Rock Wool Manufacturing Company, Inc. Shook s, Fletcher Insulation Company Turner & Newall Confidental (6) FMSl 16949 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN ' NO* 8 2 2 May 1, 1985 CROSS REFERENCE - LINED SHOE ASSEMBLY OR KIT NUMBER This cross reference information is for lined shoe assemblies (rather than brake lining only, or brake shoe only). Most Car Manufacturer Numbers are kit or set numbers for identifying a set at the Dealer level. This is the first listing'of cross reference information for the lined shoe assembly or kit. - Mfr. Set Number 34111117979 34111119176 34111150524 34111154442 34211119184' FMSI Number 7015-D163 7075-D82 7101-D174 7181-D278 7092-D165 BMW Mfr. Set Number 34211153893 34211153894 34211153901 34211154398 34213460020 FMSI Number 1382-548(R,L) 1382-548<R,R) 1382-548(F) 7182-D279 8058-534 . CHRYSLER Mfr. Set Number 4238786 4238788 4238826 4238827 4293190 FMSI Number 7139A-D221 7134A-D220 1366-520 1365-519 2025T-446 Mfr. Set Number 4313238 4313239 4313429 4313589 4318727 FMSI Number 7133A-D219 7133B-D219 7134A-D220 7081A-D149 7019A-D269 4293200 7097-D222 4313198 ' 7081A-D149 4318728 7179A-D269 DELCO-MORAINE Mfr. Set Number 18007503 18007927 18007930 18009565 , 18009566 FMSI Number 7115-D191 7114-D190 7114-D190 7115rDl91 7115-D191 The data shown in this listing has been supplied by reliable sources, and while we believe that such information is correct, the Institute cannot and does not accept any responsibility or liability for errors or omissions, or harm resulting therefrom. If any error is noted in this listing, it should be reported immediately to the Friction Materials Standards Institute, Inc., East 210 Route 4, Paramus, New Jersey 07652. FMS116950 Cross References - 2- May 1, 1985 Mfr. Set Number D7TZ-2200-A D7TZ-2200-C D9BZ-2001-F D9BZ-2001-G D9TZ-2001-A E0TZ-2001-A E0TZ-2001-B E0TZ-2001-C E1FZ-2001-A E1TZ-2200-A E2AZ-2001-A E2TZ-2001-A E3SZ-2001-A E3TZ-2001-C E3TZ-2200-A Mfr. Set Number 12300236 12300243 12300250 12300255 12321412 14019367 14067571 14085889 14085890 15510026 Mfr. Set Nunber 43022-SBO-950 43153-SA0-671 43153-SA0-672 43153-SAO-901 43153-SA3-003 43153-SA5-671 43153-SB2-601 43153-SB6-671 43154-SA0-671 43154-SA0-672 43154-SA0-901 43154-SA3-003 45022-671-671 FORD FMSI Number 2140AT-314 2141AT-263 7072A-D152 7072B-D181 7054-D120 Mfr. Set Number E3ZZ-2001-A E4FZ-2001-A E4HZ-2001-B E4SZ-2001-A E4TZ-2001-A 788-D50 788-D50 788-D50 7106A-D179 2146AT-316 E4TZ-2001-C E4TZ-2001-D E4TZ-2200-A E4TZ-22Q0-B E4TZ-2200-C 7082C-D199 7054-D120 7072B-D237 7125A-D249 2151T-474 E4TZ-2200-D E5RY-2001-A E5RY-22Q0-A E5RY-2200-B GENERAL MOTORS FMSI Nunber 2165T-521 7070C-D183 7192-D289 7070A-D202 2164-553 Mfr. Set Number 94133685 94133689 94133690 94133691 94230525 7195-D294 1387-556 7196-D295 1387-556 7141-D224 94230539 96053326 96053329 96053514 HONDA FMSI Nunber 7180-D277 1347-493(F) 1347-493(F) 1347-536<F) 1348-494(F) Mfr. Set Nunber 45022-671-672 45022-689-671 45022-692-670 45022-693-601 45022-SA0-670 1364-517 1379-546 1378-545 1347-493(R) 1347-493(R) 45022-SA0-680 45022-SAO-770 45022-SA0-771 45022-SA5-670 45022-SA6-671 1347-536(R) 1348-494(R) 7061-D130 45022-SB0-670 45022-SB3-671 FMSI Number 7072B-D237 7106A-D257 7141-D224 7072B-D310 7125A-D249 788-D50 788-D50 2141AT-263 2146T-316 2151T-474 2089AT-169 7201-D298 1388-557 1388-557 FMSI Number 7198-D297 1391-561(F) 1391-561(R) 1391-561(R) 7117-D194 1360-510 7197-D296 1384-550 7197-D296 FMSI Nunber 7061-D130 7061-D226 7103-D176 7132-D212 7104-D177 7156-D247 7104-D281 7104-D281 7140-D223 7178-D273 7162-D256 7156-D276 FMSI16951 Cross References Mfr. Set Number 8-94124-862-1 8-94124-863-1 8-94124-864-1 8-94136-642-0 Mfr. Set Number 3597-49230 3598-49230 3728-26310 8240-49280A 8532-49230A 8982-49280 BB62-26310 BB62-26310A B001-49280 Mfr. Set Number MB-134832 MB-134965 MB-139917 MB-238114 MB-238522 MB-238523 MB-277914 MB-316188 Mfr. Set Number 01A25 01W26 05B25 05B91 06F85 09W93 11P93 14A25 14A90 B3025 B9526 B9527 D1729 D1785 D1787 - 3- May 1, 1985 ISUZU FMSI Number 1360-554(F) 1360-554(RH-R) 1360-554(LH-R) 7188-D285 Mfr. Set Number 8-94154-011-0 8-94154-012-0 8-94245-940-0 FMSI Number 7062-D131 7063-D132 1371-525 7102-D175 7066-D132 MAZDA Mfr. Set Number FA01-26310 FA18-49280 FA66-49280 FA67-49280 GA02-26310 7118-D208 1371-525 1371-525 7112-D188 G030-26310A GO30-49280 UAO1-49280 FMSI Number 1375-539 7121-D198 1359-516 1370-524 1370-524 MITSUBISHI Mfr. Set Number MB-316685 MB-366143 MB-366444 MB-366445 MB-366446 1370-524 7163-D258 7175-D271 MB-366447 MB-407460 NISSAN 41060 Series FMSI Number 7155-D233 7150-D238 7211-D308 72I1-D308 7110-D.274 Mfr. Set Number D8593 H7926 M6825 N4426 N8525 7170-D265 7171-D266 7147-D233 7155-D275 8123-405 N9625 P6525 P9125 U4026 U6727 795-D161 7150-D246 7110-D293 7110-D234 7110-D274 U6728 U7426 U8725 W2426 FMSI Number 7203-D300 7204-D301 1386-555 FMSI Number 1374-535 7148-D235 7185-D131 7186-D283 1372-526 1376-540 7169-D264 7151-D239 FMSI Number 7187-D284 1390-560 1389-558 1389-558 1389-558 1389-558 7202-D299 FMSI Number 7100-D244 7039-D103 7059-D41 794-D57 7100-D173 7100-D173 7093-D166 7145-D229 780-D37 7046-D113 7046-D113 7046-D146 795-D161 7110-D187 FMS116952 Cross References -4- May 1, 1985 Mfr. Set Number 01A25 01P90 01W25 04A25 06F25 10W25 21325 B3025 E4125 H7225 Mfr. Set Humber 911-351-950-00 911-352-950-00 928-351-931-00 928-351-951-00 928-352-951-00 Mfr. Set Number 77-012-01499 77-012-01775 Mfr. Set Number 8993230 8993263 NISSAN, CQpt'cU 44060 Series FMSI Number 1373-532 7146-D272 8123-511 8106-533 1381-480 Mfr. Set Number M4925 N8426 04526 04527 P6525 2167-537 8101-359 8123-406 8125-411 8106-371 P9125 S1025 T6025 U8725 PORSCHE FMSI Number 7190-D287 7191-D288 7160-D253 7159-D251 7045-D252 Mfr. Set Number 928-352-951-01 930-351-928-04 930-351-938-02 944-351-951-00 944-352-951-00 RENAULT FMSI Number 7123-D201 7194-D292 SAAB FMSI Nutriaer 7200-D30 7199-D2 FMSI Number 1340-479 7094-D213 7146-D231 7146-D232 7094-D167 7146-D230 8101-359 2166-527 1381-480 FMSI Number 7045-D252 7189-D286 7158-D250 7159-D251 7045-D252 Mfr. Set Number 6253-01112 7251-78250 7251-91074 7251-91075 7251-91083 7251-91084 FMSI Number 1377-541 1377-443 7113-D189 7193-D291 7113-D189 7193-D291 SUBARU Mfr. Set Number 7251-91410 7251-91411 7251-91450 25178-GA300 25178-GA310 FMSI Number 7193-D291 7193-D291 7193-D291 1392-563 1392-562 FMS116953 Cross References Mfr. Set Number 12090 12091 12092 12093 12100 12101 12140 12200 12240 14040 14050 14100 14110 14130 Mfr. Set Number 12030 : 14020 14041 14060 14061 Mfr. Set Number 10041 12080 16020 16030 20050 22020 22040 -5- May 1, 1985 TOYOTA 04491 Series FMSI Number 7048-D115 7048-D115 7048-D115 7105-D178 7088-D160 Mfr. Set Number 14131 16050 17030 20051 22140 FMSI Number 7128-D245 7152-D241 7153-D302 7105-D260 7127rD207 7088-D160 7099-D172 7184-D282 7153-D242 7076-D136 22170 28040 32010 32020 32050 w 7127-D207 7167-D263 7153-D242 7153-D242 7153-D302 7068-D136 7118-D2Q8 7118-D195 7128-D209 35020 35061 60010 7120-D197 7205-D303 7069-D137 04492 Series FMSI Number 7207-D3057119-D211 7119-D196 7129-D210 7129-D240 . Mfr. Set Number 17010 , 22010 , 22040 FMSI Number 7212-D309 7154-D243 7206-0304 04495 Series FMSI Number 8105-513 8105-551 1351-531 8105-530 8099-440 Mfr. Set Number 28040 32010 35031 35051 35060 FMSI Number 1358-505 8104-529 2156-414 2156-523 1358-505 1385-440 1385-528 60010 1383-549 FMS116954 Cross References - 6- May 1, 1985 Mfr. Set Number 111-698-151B 113-609-237G 171-609-525A 171-609-526A 171-609-527F 171-609-528F 171-609-537B 171-698-151B 171-698-151C 171-698-525A 175-698-151A 176-698-151 191-698-451 211-609-521 211-609-522 211-609-537J 211-609-537N 251-698-531 321-698-151A 321-698-151C 321-698-151F 321-698-151G 321-698-151H VOLKSWAGEN FMSI Number 7022-D88 8078-392 1354-559 1354-559 1354-559 Mfr. Set Number 331-609-537 331-698-525V 411-698-151A 411-698-151B 411-698-151C 1354-559 1316-454 7044-D11Q 7044-D110 1354-497 411-698-151D 431-698-151 431-698-151D 431-698-151F 431-698-525V 7168-D158 7209-D280 7208-D306 8080-397 8080-397 433-698-151 437-698-151 437-698-451 443-698-151A 443-698-151C 8080-374 8128-421 1352-503 7079-D147 7126-D206 443-698-15ID 477-609-537B 477-698-151A 477-698-155 477-698-157 7210-D307 7209-D280 7183-D280 811-698-151A 853-698-151 855-698-151 FMSI Number 1355-453 1353-495 796-D58 796-D58 796-D58 7023-D58 7080-D148 7143-D227 7143-D227 1355-496 7157-D248 7143-D227 7144-D228 7143-D290 7143-D290 7143-D290 882A-315 7045-D254 7159-D251 7045-D252 7079-D147 7177-D227 7176-D147 Mfr. Set Number 2727741 2728095 2728277 FMSI Number 736-D31 7161-D255 7174-D270 VOLVO Distribution: Delegates and Alternates Regional Members Active Members - List D Data Book Committee FMSI 16955 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 8 2 1 April 23, 1985 MEMBERSHIP ACTIVITY This Is to advise the Membership that the Institute has received two applica tions for participation in the Institute. LICENSEE APPLICATION - EPE, Incorporated of Irvine, California The Institute recently received an application for Licensee Membership from EPE, Incorporated. They were formerly known as European Parts Exchange, Inc. EPE is a rebuilder as well as a marketer of brake shoes, and lined brake parts. They purchase linings from Members of the Institute. They are quali fied for participation as a Licensee by virtue of their manufacture of levers and associated parts for brake shoes. Mr. Bjarne Qvale is President of EPE and is well known in the brake after market, particularly for his activities with the APRA. That application is now being reviewed by the Membership Committee. REGIONAL MEMBERSHIP APPLICATION - Tormos Frictiemateriaal, B.V. Tormos Frictiemateriaal, B.V. is a manufacturer of disc brake pads in the Netherlands. Full address of applicant is: Tormos Frictiemateriaal, B.V. Ringvaartweg 6 1948 Pe Beverwijk The Netherlands Applicant is primarily a manufacturer of disc brake pads, but it does bond a smaller volume of drum brake shoes. They intend to market their pads in the United States replacement market, and deposited the required prepayment of the first year's annual fee. As with EPE, the Membership Committee is now reviewing this application. * * * * jfr As one is a Licensee application and the other is for Regional Membership, when the Membership Committee has balloted, the applications will then be forwarded to the Board of Directors for its consideration. The balloting by the Board will be final. If any Member has information on either applicant that should be considered by either the Membership Committee or the Board of Directors, please let the Institute know. E. W. Drislane Executive Director Copies: Delegates & Alternates FMSI 16956 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 820 April 3, 1985 HISTORICAL SALES PROGRAM The historical sales program continues on a quarterly basis. Regional Members using the Institute's copyrights and trademarks for marketing their products in the United States may participate if they wish. The Institute is requesting details of pieces sold for the first quarter of 1985 - to March 31, 1985. Re porting rules remain unchanged. 1. Quantities will be reported in pieces (not units or sets). For roll linings, each foot of length will be one piece. 2. The Accountants will report the names of the Members from whom reports are received. 3. Total pieces in each group will be reported. 4. "Clutch Facings" does not include gear tooth discs, automatic trans mission discs, or the 8-14" diameter (3/16 to 1/2" thick) asbestos composition discs. The Accountants' report will have the same format as that used for the last three reports. Based on resolutions at the June 1984 Meeting, the Accountants will list the names of the Members reporting iri each product line. The input to the Accountants will be confidential. Totals for each group will be shown and one cannot determine quantities reported by individual Members. You will be receiving from Marshall Granger & Company, CPA, a form for completing this information. Please return it to: Marshall Granger & Company, CPA 1600 Harrison Ave. Mamaroneck, NY 10543 If you will report, please have your figures in by May 15, 1985. If you do not wish to report these figures, no reply is necessary. Only those reporting figures will receive the industry totals when the data is summarized. A sample form and definitions are attached. Distribution: Historical Sales List E. W. Drislane Executive Director FMSI 16957 EXHIBIT ?A" STATISTICAL PROGRAM OF THE FRICTIOif MATERIALS STANDARDS INSTITUTE, I1IC. Hall to: Marshall Granger & Co., CPA 1600 Harrison Avenue Mamaroneclc, if? 10543 *********************** See instructions for sales to other members. Pieces sold to United States distributors, jobbers, private brands, rebuilders, brake specialists, fleets, mass merchandisers, direct consumers, government agencies, or other custoners for use in the United States replacement market: 3 MOiiTUS JANUARY 1, to MAR 31 1985 brake linings less than 3/4" nominal thickness (See explanation for roll linings). _ Brake blocks, nominal thickness of 3/4" and over Disc Brake Linings Clutch Facings USE REPORT! MO FORM If) Bt SENT C/ ACC uu!v i AN! S Total Pieces STATISTICS SUPPLIED 3Y _______________________ -. Signature Company Telephone Humber FMS116958 EXBIBIT "B" DEFINITION FOP. HISTORICAL. SALES PIECES The reports will show pieces of friction material, in grohps as shown: Group Description Normal Usage Brake Lining Friction materials less than a nominal 3/4" thickness (See note on roll lining) Normally, one piece to a shoe Brake Blocks Disc Brake Linings Friction materials with a nominal thickness of 3/4" and over Friction materials sold (for disc brakes) to be attached to the shoe, or sold as a unit molded, bonded or riveted to the shoe Normally, two pieces to a shoe Normally, one piece to a shoe Clutch Facing Friction materials of annular shape, or segments thereof normally, two annular pieces per clutch plate Note: For roll lining only, consider each foot of length equals one piece. REPLACEMENT SALES TO UNITED STATES MARKET This reporting is for sales to the United States replacement market only. Do not include sales to other markets. This includes sales under the friction material manufacturer's own name or brand name used by the customer, to automotive ware house distributors. Jobbers, rebuilders, brake specialists, fleets, mass merchan disers, direct consumers, government agencies or other customers for use in the United States replacement market. When a friction materials manufacturer is shipping to a vehicle manufacturer, brake manufacturer, or clutch manufacturer, but has no reasonable way of determining if the pieces are for original equipment replacement purposes, estimates will not be used - these pieces will not be reported. However, where a friction material manufacturer is shipping to a point known to be used for replacement, or where he stencils or otherwise identifies the pieces as being for replacement purposes, or where the shipments otherwise are obviously known to be for replacement, these pieces will be reported. The member who sells to the type customer or user indicated above will report those pieces sold, even if purchased from another Active Member or Regional Member. When you sell your friction materials to another Member (Active or Regional) do not report those sales:. Materials sold to Licensee Members of the Institute for the replacement market should be included. FMSI 16959 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 819 March 13, 1985 DECLARATION RE PRODUCT CATEGORIES FOR FEE FORMULA BASIS According to our Constitution and By-Laws, the Fee Formula for Active Members must be reviewed annually. Data on categories is accumulated and reported to a Fee Formula Committee and to the Board of Directors who then make recommen dations on the fee schedule to the Membership. As a Member may be engaged in a category one year and not the following (or the reverse) declaration must be filed annually in order to arrive at a proper Fee Formula and category assessment. All categories in which your firm is engaged must be reported. Category filing information will be assembled in summary form to be reported to the Membership. Would you kindly complete and return one copy of the attached form to the Institute Office. We will prepare a summary to assist the Fee Formula Committee and the Board of Directors in establishing the Fee Formula for the fiscal year starting July 1, 1985. Filing categories are unchanged from those of recent years. Refer to the "Explanation of Category Filing" attached to the form. If you have questions, please give me a call. Kindly return your declaration by April 15, 1985. A stamped return envelope is enclosed with the Delegate's copy. Distribution: Delegates and Alternates E. W. Drislane Executive Director FMS116960 FRICTION MATERIALS STANDARDS INSTITUTE* ItfC.* EAST 210 ROUTE 4, PARAMOS, NJ 07652 EXPLANATION OF CATEGORY FILING General - A member must be engaged in at least one of the first three categories, in order to be a member. The number of categories checked is used to determine the fees paid during the next fiscal year. Any member not filing this information correctly will be assessed the full fee for all categories. Confidentiality - The fee category information is no longer confidential. The data will be reviewed by the 3oard of Directors to determine its reasonableness. Summary results will be distributed to the Membership. "Our Company is Engaged as follows;" - If a member manufactures and sells, purchases and sells, or both purchases and manufactures, and sells the product indicated in the replacement market, he is "engaged" in that category. In other words, if he sells that product he is engaged in that category. Further, the replace ment market includes automotive, industrial, and off road equipment--where Friction Materials Standards Institute, Inc. performs a service, either through cataloguing, assignment of copyrighted FMSI numbers, or the maintaining of prints. If a member sells a certain product type, but only to market where FMSI does not provide services, he does not report that category. Where a member sells a certain product only to a market where there are FMSI services available, but he declines to use these services, he must report that category. Brake Lining - Under 3/4" Nominal, Including Disc Brake Linings - This includes linings whether loose, attached to shoes, or in roll form, sold to market where the FMSI numbering system is avail able. Brake Blocks and Disc Brake Linings - 3/4" Nominal and Over - This in cludes brake blocks, whether loose or attached to shoes, sold to markets where the FMSI numbering system is available. The 3/4" nominal includes tapered blocks with a maximum thickness of approximately .700", with maximum thickness below .500". This also includes disc brake linings 3/4" and over, measuring lining thickness only at its thickest point. When measuring a lined shoe, to determine lining thickness, measure from the top of the shoe. Clutdh Facings - This includes loose facings or facings attached to plates, sold to markets where the FMSI numbering system is available. Brake Shoes - Hew Unlined, Including Jew Unlined Disc Brake Shoes - This category includes new and unlined shoes (whether drum or disc type) which are sold as new and unlined shoes in the replacement market. If all the new and unlined shoes are sold as lined shoe assemblies, do not report this category. FMS116961 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 Friction Materials Standards Institute East 210 Route 4 Paramus, NJ 07652 Gentlemen: In response to BULLETIN NO. 819 of March 13, 1985 concerning the declaration of information to be used in determining the annual fee, our company is engaged as follows: Category Brake Linings - Under 3/4" Nominal, Including Disc Brake Linings We sell to the United States replacement market ________ () Brake Blocks - 3/4" Nominal or over, including heavy duty disc brake linings ________ () Clutch Facings () Brake Shoes - New Unlined, Including New Unlined Disc Brake Shoes () Please affix an "X" in the square to the right of the category or categories in which your company is engaged. Signature: Company: Date: Kindly return declaration to the Institute Office no later than April 15, 1985. FMS116962 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 818 March 5, 1985 MEMBERSHIP ACTIVITY ' In BULLETIN NO. 810, we advised the Membership of the receipt of applications for Regional Membership from R & D Priction of Canada, and Grupo Industrial of Mexico. These applications were subsequently accepted by the Board of Directors. R & D FRICTION, INC. Full name and address of the new Regional Member is: R & D Friction, Inc. 521 McGeachie Drive Milton, Ontario Canada L9T 3L5 Mr. Ron Farnocchi is President of R & D Friction, Inc. Mr. Farnocchi has served several other friction materials manufacturers over the past several years. R & D Friction is manufacturing drum brake lining segments. GRUPO INDUSTRIAL C&F, S.A. de C.V. Full name and address of the new Regional Member is: Grupo Industrial C&F, S.A. de C.V. Av. Industrias Esq. Eje 118 Zona Industrial San Luis Potosi, S.L.P. Mexico Grupo Industrial is a manufacturer of clutch facings and clutch discs. Senor Carlos Marin C. is the Director of Grupo Industrial. S. K. WELLMAN CORPORATION The S. K. Wellman Corporation of Bedford, Ohio, has resigned as an Active Member of the Institute. S. K. Wellman originally joined the Institute as a Charter Member in 1948. ***** The foregoing is for your information. E. W. Drislane Executive Director Distribution: Delegates and Alternates FMS116963 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 817 February 26, 1985 1985 CLUTCH FACINGS CATALOG In December 1984 we solicited orders for a new "Clutch Facings" Catalog, which (1) Lists all FMSI clutch facings in numeric order, and (2) Lists all clutch facings in size progression in order to help one determine the FMSI Number. That Catalog was printed, and shipments were sent to all Members who placed their orders. It listed all FMSI clutch facing assignments up through December 31, 1984. The original ordering period is complete. All orders have been shipped. There are a few hundred extra copies from the printer's overrun that are available from the Institute. Members wishing to order single copies may do so by requesting the .copy from the Institute. For single copy orders, there will be no charge. If Members wish additional copies, they are available at $1.00 per copy while supplies last. All Catalogs have the standard five hole punching. Shipments of more than one copy will be made by the Institute, FOB shipp ing point. cc: Delegates & Alternates Regional Members E. W. Drislane Executive Director FMSI 16964 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 816 February 21, 1985 ORDERS FOR THE 1985 SUPPLEMENT TO THE 1984 AUTOMOTIVE DATA BOOK The contract for printing the 1985 Supplement to the 1984 Automotive Data Book has been awarded to: Tweddle Litho Company 24000 Harper Avenue St. Clair Shores, MI 48080 This Supplement will contain all data gathered since publication of the 1984 Automotive Data Book, and as such will continue with both the brake liningclutch facing Information and with the brake shoe information that was in the combined 1984 catalog. The Institute no longer publishes a separate Brake Shoe Identification Catalog or Supplement. This 1985 Supplement is available to Active Members, Regional Members and Licensees. We expect this Supplement to run 40 pages, and estimate that 50,000 copies will be sold. Based on these projections, the tentative price for the Supplement is: $235.00 per Thousand - Basic Supplement $9.00 per Thousand - 5 hole punch If there is a change in the price per thousand due to a change in number of pages, or a change in the quantity ordered, or for author alterations, you will be notified. As this is a Supplement, there is no cover. The Supplement is a self-cover with 35 pound white offset paper. The only special ordering should be for either punching or no punching. Please forward all orders to the Institute Office. Do not send them to the printer. (British Council and FMSI Canada members send to your respective associations). This is our only means of checking the total quantities ordered and the price charged, as well as whether only members are ordering. The orders should be made out to Tweddle Litho Company, and should state punch ing and shipping instructions. If applicable, please advise any special con ditions for shipping through your customs. Please forward your orders so that they reach the Institute Office by April 1, 1985. Distribution: Delegates & Alternates Active Members - List C Regional Members Licensees E. W. Drislane Executive Director FMS116965 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 B U L L E T I N N 0. 8 1 5 February 19, 1985 SEMI-METALLIC DISC BRAKE LINING ON VEHICLES IN NORTH AMERICAN MARKET This Bulletin is to up-date the listing of vehicles sold in the North American market taking semi-metallic disc brake linings as original equipment. This Bulletin, when added to earlier Bulletins listed below, covers vehicles known to the Institute to take this type material. It may not be complete, as manu facturers of import vehicles do not supply information to the Institute. Earlier Bulletins with similar Information were: BULLETIN NO. 709 and 709A - February-March 1981 BULLETIN NO. 733 - March 3, 1982 BULLETIN NO. 750 - February 17, 1983 BULLETIN NO. 785 - February 16, 1984 AMERICAN MOTORS (See also Renault) 1985, Eagle FMSI ASSIGNMENT FRONT REAR 7122A-D203(0) BMW 1984, 3181 1984, 325e 7181-D278 7181-D278 7182-D279 BUICK 1985, Electra 1985, LeSabre (11" rears) 1985, Estate Wagon 1985, Riviera 1985, Regal 1985, Century 1985, Somerset Regal 1985, Skylark 1985(late), Skyhawk 1985(early), Skyhawk . 7136-D215 728A-D52 7 28A-D52 7070A-D202 7070A-D138 or 7070A-D202 7070C-D183 or 7136-D215 7192-D289 7070C-D183 7192-D289 7130-D190 7070A-D202 CADILLAC 1985, DeVille, Fleetwood 1985, Seville 1985, Eldorado 1985(late), Cimarron 1985(early), Cimarron , , 7136-D215 7070A-D202 7070A-D202 7192-D289 7130-D190 SEE DISCLAIMER AT END OF BULLETIN FMS and FMSI are registered trademarks of the Friction Materials Standards Institute, Inc. Copyright by Friction Materials Standards Institute, Inc. FMSI 16966 BULLETIN NO. 815 CHEVROLET 1985, Impala, Caprice (11" rears) 1985, Caprice Wagon 1985, Monte Carlo 1985, Celebrity 1985, Camaro 1985, Citation II (Power Brakes) 1985, Citation II (Manual Brakes) 1985, Corvette 1985(late), Cavalier 1985(early), Cavalier 1985, Chevette 1985, Sprint (Suzuki) CHEVROLET TRUCK 1985, El Camino 1985, Astro (M Van) 1985, C-, G-, K-10 1985, S-, T-10 1985, C-, K-, P-20 1985, G-20 1985, C-, P-30 1985, G-30 1985, K-30 1985, P-30 (12-14.5K) CHRYSLER 1985, Chrysler Police, Taxi 1985, New Yorker 1985, LeBaron 2 dr., conv. 1985, LeBaron 4 dr. 1985, Laser 1985, LeBaron GTS DATSUN (See NISSAN) DODGE 1985, Diplomat Police, Taxi 1985-84, 600 2 dr., conv. 1985-84, 600 4 dr. 1985, Lancer 1985, Daytona 1985, Aries 1985, Aries, Heavy Duty 1985, Omni, Charger - 2- February 19, 1985 FMSI ASSIGNMENT_______ FRONT REAR 728A-D52 728A-D52 7070A-D138 or 7070A-D202 7070C-D183 or 7136-D215 7070A-D202 7070C-D183 : 7070C-D183(1): 7195-D294 7196-D295 7192-D289 7130-D190 7135-D214 7197-D296 7070A-D138 or 7070A-D202 728A-D52 728A-D52 7070A-D138 or 7070A-D202 728A-D52 or 7084A-D153 728A-D52 7081A-D149 or 7084A-D153 728A-D52 or 7081A-D149 or 7084A-D153 7081A-D149 7081A-D149 7081A-D149 7017A-D84 7134A-D220 7133A-D219 7134A-D220 7133B-D219 or 7134A-D220 7133B-D219 7017A-D84 7133A-D219 7134A-D220 7133B-D219 7133B-D219 or 7134A-D220 7097-D222 7134A-D220 7139A-D221 FMS116967 BULLETIN NO. 815 3 - February 19, 1985 DODGE. Cont* d. 1985, Shelby Charger 1985, Caravan DODGE TRUCK 1985, Mini Ram Van 1985-84, D-, W-100 1985-84, B-, D-, W-, AD-, AW-150 1985-84, B-, D-250 1985-84, W-250, W-350 1985-84, B-, D-350 FORD 1985, Ford Police, Taxi 1985, LTD, Thunderbird 1985, Mustang (exc. 2.3L, SVO) 1985, Tempo Diesel 1985, EXP 1.6 Turbo FORD TRUCK 1985, Ranger, Bronco II 1985, E-, F-150, Bronco 1985, E-250 1985, F-250 1985, E-, F-350 1985, 600, 700, 800, 900 7000, 8000 (option) 1985, 8000, 9000 (option) GMC TRUCK 1985, Caballero 1985, Safari (M Van) 1985, C-, G-, K-1500 1985, S-, T-15 1985, C-, K-, P-2500 1985, G-2500 1985, C-, P-3500 1985, G-3500 1985, K-3500 1985, P-3500 (12-14.5K) HONDA 1984-83, Prelude 1984, Civic Sedan, Hatch 1984, Civic Wagon FMSI ASSIGNMENT FRONT REAR 7134A-D220 7164A-D259 7164A-D259 7179A-D269 7179A-D269 7179A-D269 7019A-D269 or 7081A-D149 7179A-D269 or 7019A-D269 7082A-D150 7072B-D237 7072B-D237 7106A-D257 7106A-D257 7125A-D249 788-D50 7054-D120 788-D50 or 7054-D120 7054-D120 7141-D224 or 7149-D236 7098-D171 7070A-D138 or 7070A-D202 728A-D52 728A-D52 7070A-D138 or 7070A-D202 728A-D52 or 7084A-D153 728A-D52 7081A-D149 or 7084A-D153 728A-D52 or 7081A-D149 or 7084A-D153 7081A-D149 7081A-D149 7081A-D149 7162-D256 7156-D276 7162-D256 FMSI 16968 BULLETIN NO. 815 HONDA, Cont'd. 1984, Civic CRX 1.5 ................ 1984, Civic CRX 1.3 1983-82, Civic Hatch 1.3, 4 Speed INTERNATIONAL HARVESTER 1985, Certain models (option) , 1985-84, Certain models (option) JEEP 1985, CJ7, CJ8 Scrambler 1985, Cherokee, Wagoneer 1985, Grand Wagoneer 1985, J10, J20 Trucks MACK TRUCK 1985, Air Disc Brake options: MAZDA 1984-83(late), GLC 1984(late), 626 MERCURY 1985, Mercury Police, Taxi 1985, Marquis, Cougar 1985, Capri (exc. 2.3L) 1985, Topaz Diesel MITSUBISHI 1983, Cordia, Tredia NISSAN 1984, 200SX 1984, 300ZX OLDSMOBILE 1985, 98 1985, 88 (11" rears). Wagon 1985, Toronado 1985, Cutlass 1985, Cutlass Ciera 1985, Calais 1985(late), Firenza 19 85(early), Firenza PLYMOUTH 1985, Gran Fury Police, Taxi 1985, Caravelle 1985, Reliant 1985, Reliant Heavy Duty 1985, Horizon, Turismo 1985, Voyager - 4- February 19, 1985 FMSI ASSIGNMENT FRONT REAR 7162-D256 7104-D281 7104-D281 7108-D184 7142-D225 7108-D184 7142-D225 7122A-D203(0) 7122A-D203 728A-D52 728A-D52 7085-D155 or 7098-D171 or 7172-D267 or 7173-D268 7085-D155 7098-D171 7173-D268 7112-D188 7169-D264 7082A-D150 7072B-D237 7072B-D237 7106A-D257 7187-D284 7110-D274 7171-D266 7136-D215 728A-D52 7070A-D202 7070A-D138 or 7070A-D202 7070C-D183 or 7136-D215 7192-D289 7192-D289 7130-D190 7017A-D84 7134A-D220 7097-D222 7134A-D220 7139A-D221 7164A-D259 FMS116969 BULLETIN NO. 815 PONTIAC 1985, Parisienne (11" rears), 1985, Bonneville, Grand Prix 1985, 6000 STE 1985, 6000 (exc. STE) 1985, Firebird 1985, Grand Am 1985(late), Sunbird 1985(early), Sunbird 1985, 1000 1985, Fiero RENAULT 1985, Alliance, Encore - 5- February 19, Wagon or or FMSI ASSIGNMENT FRONT REAR 728A-D52 7070A-D138 7070A-D202 7136-D215 7166-D262 7070C-D183 7136-D215 7070A-D202 7192-D289 7192-D289 7130-D190 7135-D214 7165-D261 7166-D262 7131A-D218 1985 SAAB 1985-83, 900 TOYOTA 1984, Corolla Coupe 1984, Corolla Sedan, 1984, Tercel 1984, Camry 1984, Celica 1984, Celica Supra 1984, Van Wagon Liftback VOLKSWAGEN 1984, Jetta GLI 1984, Rabbit Convertible 7199-D2 7184-D282 7153-D242 7152-D241 7153-D242 7128-D245 7128-D245 7167-D263 7168-D158 7126-D206 7129-D240 7129-D240 VOLVO 1984, DL, GL (240, 260 Series) 1984, 760 GLE 784-D43 or 7161-D255 or 7174-D270 (I) = Inner Lining Only - (O) * Outer Lining Only 736-D31 765-D44 736-D31 The data shown In this bulletin has been supplied by original equipment manufactur ers and other sources, and while we believe that such information is correct, the Institute cannot and does not accept any responsibility or liability for errors or omissions, or harm resulting therefrom. The data shown in this bulletin indicates dimensions only and in no way refers to quality of any materials that may be embodied in the product or particular applica tion involved, and moreover SINCE FIELD CONDITIONS AND OTHER FACTS MAY NECESSARILY VARY FROM ONE APPLICATION TO ANOTHER, FRICTION MATERIALS SUPPLIERS AND INSTALLERS SHOULD RELY ULTIMATELY AND SOLELY UPON THEIR OWN EXPERTISE AND JUDGMENT, AS TO QUALITY AND DIMENSIONAL SIZE. Under no circumstances should replacement items be used when they do not appear to fit, nor be "forced" to fit, nor be modified in the field instead of obtaining a proper sized item from a supplier. If such items are modified in the field to fit, the Institute specifically disclaims all lia bility and responsibility for any harm resulting therefrom. If any error or omission is noted in this bulletin, it should be reported immedia tely to the Friction Materials Standards Institute, Inc., East 210 Route 4, Paramus, New Jersey 07652. Distribution: Membership (SB List) FMS116970 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 814 January 4, 1985 HISTORICAL SALES PROGRAM The historical sales program continues on a quarterly basis. Regional Members using the Institute's copyrights and trademarks for marketing their products in the United States may participate if they wish. The Institute is requesting details of pieces sold for the full 12 months of 1984 - to December 31, 1984. Reporting rules remain unchanged. Please report cumulative figures for these full twelve months. 1. Quantities will be reported in pieces (not units or sets). For roll linings, each foot of length will be one piece. 2. The Accountants will report the names of the Members from whom reports are received. 3. Total pieces in each group will be reported. 4. "Clutch Facings" does not include gear tooth discs, automatic trans mission discs, or the 8-14" diameter (3/16 to 1/2" thick) asbestos composition discs. The Accountants' report will have the same format as that used for the last two reports. Based on resolutions at the June 1984 Meeting, the Accountants will list the names of the Members reporting in each product line. The input to the Accountants will be confidential. Totals for each group will be shown and one cannot determine quantities reported by individual Members. You will be receiving from Marshall Granger & Company, CPA, a form for completing this information. Please return it to: Marshall Granger & Company, CPA 1600 Harrison Ave. Mamaroneck, NY 10543 If you will report, please have your figures in by February 15, 1985. If you do not wish to report these figures, no reply is necessary. Only those reporting figures will receive the industry totals when the data is summarized. A sample form and definitions are attached. Distribution: Historical Sales List E. W. Drislane Executive Director FMSI 16971 SiXl-IIHIT 'A! STATISTICAL PROGRAM OP THIS FIlICTIOit i-IATERIALS STANDARDS IHSTlititS, I1IC. Hail to: Marshall Granger & Co., CPA 1600 Harrison Avenue Mamaroneck, if? 10543 A is it it is * it "ft is is it it it is is it it it it is A A See instructions for sales to other members. Pieces sold to United States distributors, jobbers, private brands, rebuilders, brake specialists, fleets, mass merchandisers, direct consumers, government agencies, or other customers for use in the United States replacement market: /A. nonius JAiiUADY 1, to DEC 311984 brake linings less than 344" nominal thickness (See explanation for roll linings). _______________________ Brake blocks, nominal thickness of 3/4" and over Oise Brake Linings Clutch Facings USE REPORTING FORM TO BE SENT BY ACCOUNTANTS Total Pieces STATISTICS SUPPLIED 3Y _____________________________________ Signature Company Telephone Humber FMS116972 EXHIBIT "B" DEFINITION FOR HISTORICAL.SALES PIECES The reports will show pieces of friction material, in groups as shown: Group Description Normal Usage Brake Lining Friction materials less than a nominal 3/4" thickness (See note on roll lining) Normally, one piece to a shoe Brake Blocks Disc Brake Linings Friction materials with a nominal thickness of 3/4" and over Friction materials sold (for disc brakes) to be attached to the shoe, or sold as a unit molded, bonded or riveted to the shoe Normally, two pieces to a shoe Normally, one piece to a shoe Clutch Facing Friction materials of annular shape, or segments thereof normally, two annular pieces per clutch plate Note: For roll lining only, consider each foot of length equals one piece. REPLACEMENT SALES TO UNITED STATES MARKET This reporting is for sales to the United States replacement market only. Do not include sales to other markets. This includes sales under the friction material manufacturer's own name or brand name used by the customer, to automotive ware house distributors, jobbers, rebuilders, brake specialists, fleets, mass merchan disers, direct consumers, government agencies or other customers for use in the United States replacement market. When a friction materials manufacturer is shipping to a vehicle manufacturer, brake manufacturer, or clutch manufacturer, but has no reasonable way of determining if the pieces are for original equipment replacement purposes, estimates will not be used - these pieces will not be reported. However, where a friction material manufacturer is shipping to a point known to be used for replacement, or where he stencils or otherwise identifies the pieces as being for replacement purposes, or where the shipments otherwise are obviously known to be for replacement, these pieces will be reported. The member who sells to the type customer or user indicated above will report those pieces sold, even if purchased from another Active Member or Regional Member. When you sell your friction materials to another Member (Active or Regional) do not report those sales.. Materials sold to Licensee Members of the Institute for the replacement market should be included. FMS116973 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 813 December 20, 1984 ENVIRONMENTAL PROTECTION AGENCY (EPA) RESPONSE TO NATURAL RESOURCES DEFENSE COUNCIL (NRDC) PETITION TO PROHIBIT USE OF ASBESTOS IN AUTOMOTIVE BRAKE LININGS In earlier bulletins, the Institute advised on the petition submitted by the NRDC asking a prohibition on the use of asbestos in automotive brake linings. Our last bulletin on this subject was that of November 13, 1984, where we enclosed a copy of the comments the Institute submitted relating to the NRDC petition. The EPA has now replied to the NRDC petition. A copy of the response is enclosed. There are some gross errors in the EPA response, particularly in the comments on "Light and medium vehicle drum brake linings. There are other comments that are debatable. However, it is not necessary to critique this response. While the EPA states that they are granting the petition, they will not now go to the rulemaking process. They will gather more information on the merits of the petition and in particular the availability of substitute materials. The EPA did not concur with NRDC that the continued use of asbestos brake linings "presents an unreasonable risk to health." Based on this action, it is unlikely that the EPA will propose a prohibition on the use of asbestos in friction materials in the near future. In summary, the EPA action leaves this question about where it was before the NRDC filed its petition. We have not as yet received the text of the EPA document that will appear in the FEDERAL REGISTER. The attached is for your information. Distribution: Delegates and Alternates Regional Members (U.S. Dues) HEA Committee IRC Committee E. W. Drislane Executive Director FMS116974 6560-50 ENVIRONMENTAL PROTECTION AGENCY [40 CFR PART 763} [OPTS-211015; FRL ] ASBESTOS RESPONSE TO CITIZENS' PETITION ' AGENCY; Environmental Protection Agency (EPA). ACTION: Response to Citizens' Petition. SUMMARY: The Environmental Protection Agency (EPA) is granting a petition filed under section 21 of the Toxic Substances Control Act (TSCA) by the Natural Resources Defense Council, Inc., to prohibit the use of asbestos in automobile and truck brakes. EPA has commenced an appropriate proceeding to address the risks which may be posed by this use of asbestos. DATE: Submit written comments on or before [insert date 90 days after date of publication in the FEDERAL REGISTER]. ADDRESS: Submit written comments in triplicate identified by the document control number (OPTS-211015) to: TSCA Public Information Office (TS-793), ' Office of Toxic Substances, Environmental Protection Agency, Rm. E-107, 401 M St.. SW-, , Washington, D.C. 20460. 84T-3516 FMS116975 2 A copy of the petition and related information (with any confidential business information deleted) is located ins Km E-107, Environmental Protection Agency, 401 M. St. , SW. , Washington, D.C. 20460. This material is available for viewing and copying from 8 a.rru to 4 p.in. , Monday through Friday, excluding legal holidays. FOR FURTHER INFORMATION CONTACT: Edward A. Klein, Director, TSCA Assistance Office (TS-799), Office of Toxic Substances, Environmental Protection Agency, Rm E-543, 401 M St., SW., Washington, D.C. 20460, Toll-free: (800-424-9065), In Washington, D.C.: (554-1404), Outside the USAs (Operator-202-554-1404). SUPPLEMENTARY INFORMATION: , I * INTRODUCTION Section 21 of the Toxic Substances Control Act (TSCA), 15 u.S.C. 2620, provides that any person may petition the Administrator of EPA to initiate a proceeding for the issuance, amendment, or repeal of a rule under various sections of the FMS116976 Act. EPA may hold a public hearing or may conduct an appropriate investigation to determine whether the petition should be granted. EPA must either grant or deny the petition within 90 days. If EPA grants the petition, EPA shall promptly commence an appropriate proceeding. If EPA denies the petition, the reasons for denial must be published in the FEDERAL REGISTER, and the petitioner may commence a civil action in a district court of the United States to compel EPA to initiate a rulemaking proceeding as requested in the petition. Any such civil action must be filed within 60 days after EPA's denial of the petition or, if EPA fails to grant or deny the petition within 90 days after the petition is filed, within 60 days following expiration of the 90-day response period. 11 * EVALUATION OF THE PETITION A * INTRODUCTION On September 12, 1984, EPA received a petition from the Natural Resources Defense Council, Inc. (NRDC), requesting that EPA prohibit the further use of asbestos in automobile and truck brakes under section 6 of TSCA. The petition requested a prohibition of asbestos in both brakes for new cars arid trucks and in replacement brakes for existing vehicles. The petition argued that the risks posed by asbestos in brakes are unreasonable and that economically and technically feasible substitutes are available. FMSI 16977 4 In order to promulgate any rules under TSCA section 6, the Agency must consider a number of factors, including, among other things, the effects of a chemical substance on human health and the magnitude of exposure; the benefits of utilizing the substance and the availability of substitutes for the use or uses of the substance being assessed. 15 U.S.C. 2605 (c)(1). The Agency has conducted a review of the available information pertaining to the use of asbestos in brakes, including the information in NRDC's petition. A summary of that review, including an evaluation of the risks posed by this use and the availability of substitutes, is presented below. B. RISK PRESENTED BY ASBESTOS Asbestos is a demonstrated human carcinogen that causes lung cancer and mesothelioma (a cancer of the chest and abdominal linings), as well as other lung disorders. People are exposed to asbestos throughout the life cycle of the substance--when asbestos is mined, milled, processed, fabricated into industrial and consumer products, and when those products are used, repaired, and disposed of. , With regard to the use of asbestos in brakes, it has been estimated that about 2,750 people are potentially exposed during primary manufacturing of brake friction materials, and that about 550,000 people are potentially exposed to asbestos during servicing and repair of vehicle brakes (Ref. 6). For example, FMSI 16978 5 persons in brake service and repair shops typically are exposed to asbestos when dust is blown out of brake drums being replaced, when brake linings are roughened to increase friction properties, and when brake shoes are relined. Use of asbestos in vehicle brakes may also result in increased asbestos fiber concentrations in the ambient air. For example, EPA has evidence that motor vehicle braking most likely contributes between 0.23 to 1.3 percent of the concentration of asbestos in the ambient air (Ref. 7). Both general population and workplace exposures to asbestos fibers from its use in brakes may result in an increased number of asbestos-related illnesses, including cancer. C. AVAILABILITY OF SUBSTITUTES The petitioner asserts that economically and technically feasible substitutes, most prominently semimetallic friction materials and aramid fibers, are available to replace asbestos in brakes. EPA has analyzed the availability of substitutes for many asbestos products, including brakes, and that analysis is summarized in Appendix A of the "Regulatory Impact Analysis of * Controls on Asbestos Products" (Ref. 2), which is included in the public record established for NRDC's section 21 petition. EPA acknowledges that new substitutes for asbestos use in brakes are being developed and that EPA's analysis (summarized below) may not include recent developments. FMS1 16979 6 1. Heavy vehicle brake blocks. Brake blocks are components of brakes that are riveted or bolted to the insides of brake shoes to provide protection against the heat and wear caused by braking. Heavy vehicle brake blocks are used on heavy duty trucks, buses, and other heavy duty vehicles. About 34 percent of all asbestos used in brakes is in this category of use. Asbestos heavy vehicle brake blocks account for about 99 percent of the market for heavy vehicle brake blocks. Until recently, the only commercially available substitute for asbestos heavy vehicle brake blocks was a semimetallic brake block using brass and zinc chips in an organic binder. It is not considered as good as asbestos because it performs erratically at different temperatures. It is also considered inferior to the asbestos brake block in resisting wear and minimizing brake fade. Recently, aramid fiber products, such as Kevlar, have been introduced, but aramid fiber products are now more expensive than asbestos products, and there is not sufficient evidence to determine whether aramid fiber products will be as effective as asbestos in this application. Information suggests that such products may last longer than asbestos-based product*s, but verification of this information as well as information on price and efficacy of the products are needed before EPA can determine whether continued use of asbestos in brake blocks presents an unreasonable risk. - FMSI 16980 2. Light and medium vehicle drum brake linings. Drum brake linings are made of friction materials which cover curved metal shoes in a drum brake. About 46 percent of all asbestos used in brakes is in this category of use. Light vehicle asbestos drum brake linings may be used in both the front and rear brakes of light and medium vehicles, primarily on the front wheels. However, most passenger vehicles still use drum brake linings on Luc Lear wneeis. At least 99 percent of drum brake linings are still asbestos. Until recently the only substitutes for asbestos brake linings which appeared to have any potential were semimetallic brake linings. However, these products tend to perform erratically at different temperatures, fade, and produce more noise than asbestos-based linings. More recently, brake linings made with aramid fiber have been developed. However, these are more expensive than the asbestos product and there is not currently enough information available to judge the performance of aramid fiber brake linings. Furthermore, EPA's evidence indicates that 0 large volume production of aramid fiber brakes may require substantial retooling by brake manufacturers. Therefore, aramid fiber brakes may not be available in substantial quantities for several years. 3. Heavy vehicle disc brake pads. Disc brake pads are steel plates lined with friction materials which rub against a rotor. Heavy vehicles rarely use disc brakes. About 0.1 percent of all asbestos used in brakes is in this category of use. FMSI 16981 8- Semimetallic disc brake pads are about 20 percent more expensive than the asbestos disc brake pads but they last about 30 percent longer. The semimetal1ics disc brake pads are not considered to be good general replacements for asbestos disc brake pads for heavy vehicles because semimetallics perform better than asbestos only in hostile, high-friction, high-heat environments. 4. Light and medium vehicle disc brake pads. These are the same as disc brake pads for heavy vehicles, except they are smaller. About 20 percent of all asbestos used in brakes is in this category of use. In the disc brake market, semimetal1ic brakes have already made larger inroads, and as in the drum brake linings market, aramid-based brakes are just beginning to be introduced. Approximately 50 percent of disc brakes in the original equipment market are asbestos and 50 percent are semimetallic. In the replacement brakes after-market approximately 70 percent of disc brakes are asbestos and 30 percent are semimetallie. Semimetallic disc brakes cost approximately 3 times as much as the asbestos disc brake pads, but they last about 40 percent * longer than the asbestos pads. Semimetallic disc brake pads cannot substitute for asbestos disc brake pads in every application because of inferior performance characteristics. EPA has information indicating that semimetallic disc brakes should be used only in cars with power brake systems because otherwise FMS116982 the semxmetall ic brakes may not provide enough stripping power. EPA also has information that the semimetallic brakes are slightly inferior because the user has to push harder on them before they are warmed up to get the same performance as with asbestos brakes. EPA is aware that a good deal of product research is being done to develop effective substitutes for asbestos in brakes. EPA is seeking additional information on substitutes for asbestos in brakes. IV. CONCLUSION EPA has decided to grant NRDC's petition because the Agency believes that the use of asbestos in brakes does present risks to human health. EPA is initiating a proceeding to gather information on the desirability and feasibility of reducing risks associated with the use of asbestos in brakes. EPA will analyze the exposure from uses of asbestos, the risk presented by those uses, and the substitutes for such uses. EPA will also gather information on the price, efficacy, and availability of substitutes for asbestos in brakes. After analysis of this information, EPA will determine what further action is appropriate to address the risks which may be posed by this use of asbestos. Based on information reviewed to date, EPA is not prepared to make an unreasonable risk finding for an immediate ban of all uses of asbestos in brakes at this time. Effective substitutes may not be available for certain applications of asbestos in brakes and substitutes for other applications are not available in sufficient quantity because of limited production capacity. Retooling may be required to make substitutes available in large volumes. FMS116983 The Agency invites the public to submit comments on issues relating to the petition. EPA is particularly interested in receiving information on both the current availability of substitutes for asbestos in brakes and on new substitute products that are currently being developed. The Agency has an ongoing workgroup, which will review these comments, will continue to investigate the availability of effective asbestos-tree substitutes for use in vehicle brakes, and consider appropriate options to address the risk presented by asbestos in brakes. V. RECORD EPA has established a record for information relating to the NRDC petition. The record includes information considered by EPA in developing this response and consists of the following categories of information; (1) The NRDC petition. (2) Appendix A of the "Regulatory Impact Analysis of Controls on Asbestos Products." (3) Other information on substitutes for asbestos in brakes. (4) Information received from the public concerning the petition. (5) Memoranda summarizing meetings and telephone conversations with the public concerning the petition. (6) Appendix J of the "Regulatory Impact Analysis of Controls on Asbestos Products." (7) Appendix N of the "Regulatory Impact Analysis of Controls on Asbestos Products." FMS116984 1} - A public version of the record, without any confidential business information, is available to the public in the Office of Toxic Substances Public Information Office, from 8 a.m. to 4 p.m., Monday through Friday, except legal holidays. The Public Information Office is located in Rm. E-107, 401 M St., SW., Washington, D.C. December 14, 1984 Dated: ___________________________ /s/ William D. Ruckelshaus Administrator. FMSI 16985 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 812 December 18, 1984 1985 CLUTCH FACINGS CATALOG In 1974, the Institute published a "Clutch Facings" catalog which listed all FMSI clutch facing assignments in numeric order. This numeric list ing included the clutch or vehicle manufacturer number where available, plus dimensions and drilling pattern. This catalog had 40 pages with self-cover. Later in 1974 we supplemented this with "Clutch Facings Listed in Order of Size," a 58 page book which rearranged the data so that one could hopefully identify the facing by knowing the dimensions and drilling. At the June 1984 Membership Meeting, the Members asked that we up-date these catalogs to include facings released since 1974. This would add 61 facings to the catalog. The preliminary layout work has been done and a cut-off of December 31, 1984 has been established. We now have a 56 page catalog including cover which includes all information in the two 1974 catalogs plus the new information. The page count for the size sequence has been shortened by control of type size and doubling the con tent per page in that section. We now have preliminary prices for publishing such a catalog. The Insti tute will guarantee the Printer a 2,000 copy order. At that quantity, our price will be $1.00 per copy. If we are able to get larger volume, the price will drop. For example, if we order 5,000 copies total the price will drop to $0.66 per copy, and if we can get to 10,000 copies, the price will drop to $0.52 per copy. This is the only "Clutch Facings" catalog planned for the 1980's. We're asking for your firm order at this time at a price not to exceed $1.00 per copy. We will reduce the price dependent on the total volume of orders we receive from all Members. If we are unable to get above 2,000 total quantity, we will bill at the maximum price of $1.00 per copy. All copies will have the 5 hole punch unless specifically ordered otherwise in this initial publication. The price is the same with or without the 5 hole punch. If you do not wish the 5 hole punching please so state on your purchase order. All prices are FOB shipping point. Larger orders will be shipped by the Printer. Smaller orders will be shipped by the Institute from Paramus. Please place your order on the Friction Materials Standards Institute. We ask that your orders be in the Institute Office by January 15, 1985. Distribution: Delegates & Alternates Data Book Committee Regional Members E. W. Drlslane Executive Director FMS116986 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 811 November 13, 1984 INSTITUTE COMMENTS TO EPA CONCERNING NRDC PETITION TO PROHIBIT USE OF ASBESTOS IN AUTOMOTIVE BRAKE LININGS On October 5, 1984, at the direction of a special Committee on asbestos that met on October 3, the Institute sent out BULLETIN NO. 808 to its Members asking for their replies to a ballot on whether the Institute should submit a position paper to the EPA commenting on the NRDC petition. This ballot asked whether the Institute should comment, and noted four points concern ing the development of substitute materials. That Bulletin was sent to 22 Members. Three did not reply. Four indicated that they would abstain from balloting. There were fifteen replies, and a summary follows: No Reply Advised they would abstain One noted that his company did not know how long it would take for each product line, but that it was concerned about possible health hazards with substitutes Ballots Returned Yes - the Institute should comment Two added that the Institute should comment beyond the four points and indicate opposi tion to the petition No - the Institute should not comment One did not submit matrix data, adding that the ballot did not address whether we should support or oppose the petition, and that if we were to comment, the comments should be prepared by the Health and Environmental Affairs Committee 3 4 15 13 2 A copy of the summary of replies is shown in matrix form for the Members' information. A Board of Directors meeting was held on October 25, 1984 to review the balloting and to consider comments to the EPA. It was noted at the meeting that the "Available Now" column in the matrix form should not have been used, as the question was asked on time needed to supply 100% non asbestos in each product line. For those still marketing asbestos contain ing products, there would be time needed to remove those products still in the processing stage, in inventory or in the distribution channels. Accord ingly, some of the entries in the "Available Now" column should be in the 1 Year column. FMS116987 2- - The Board of Directors at Its October 25 meeting outlined a set of comments for the Institute to send EPA relative to the NRDC petition. These comments were prepared with input from Mr. John Riopelle, Chairman of the Health and Environmental Affairs Committee, Mr. David McBride, Legal Counsel, and the Institute Regulatory Committee which was described in BULLETIN NO. 808A of October 5, 1984. Mr. Stuart Comins, President chaired the meeting. Mr. Riopelle and Mr. Drislane served as the Task Force to put the positions expressed by the Board of Directors into writing. The final draft was re viewed by Mr. Riopelle, and prior to this distribution, copies were sent to Directors and Members of the Health and Environmental Affairs Committee and the Institute Regulatory Committee should there have been some major error in the text. This letter is being sent to the EPA on this date. The foregoing is for your information. E. W. Drislane Executive Director Enclose: Letter FMSI to EPA of 11-13-84 Matrix on Non-Asbestos Product Development Distribution: Delegates and Alternates HEA Committee IRC Committee FMSI 16988 Telcphonb (201 > Q45-044Q FRICTION MATERIALS STANDARDS INSTITUTE, BERGEN MALL- OFFICE CENTER E. 210 ROUTE 4 PARAMUS N J 07652 INC. November 13, 1984 United States ~ Environmental Protection Agency TS - 794 401 M Street - SW Washington, DC 20460 Subject: Natural Resources Defense Council Petition to Prohibit The Use of Asbestos in On-Highway Brakes Gentlemen: The Friction Materials Standards Institute, Inc. (FMSI) is a trade association of twenty-two friction materials manufacturers in the United States, with associate Members worldwide. The FMSI has read the petition submitted by the Natural Resources Defense Council (NRDC) to the Environ mental Protection Agency (EPA) for the purpose of prohibiting "the use of asbestos in brakes for new cars and trucks and in replacement brakes in existing vehicles." We wish to comment at this time on certain sections of the petition. While we are not now taking a position for or against said petition, we believe it is important to submit the following comments. Should it be deemed appropriate, these comments may be supplemented at a later date by a more in-depth critique. We will refer to the sections as headed in the NRDC petition. 1 ' introduction The stated reasons for the submission of the petition do not appear to be based upon irrefutable evidence. Whether or not the occupational asbestos FMSI 16989 NRDC Petition standards and/or the national emissions standards are insufficient to protect against unreasonable risk posed by asbestos in brakes is highly debatable. Further, the availability of economically and technologically feasible substitutes for asbestos is an issue in which the friction materials manufacturers are deeply Involved. The identification of such substitutes is a major ongoing program with the manufacturers, and is not. a completed program at this point in time. II - JURISDICTION The FMSI concerns relate to in-plant regulations versus control of general public exposure to asbestos dust. While, one agency has proposed to tighten worker exposure to asbestos, another is being petitioned to eliminate asbestos in friction materials. The disparity between these two situations could well create implementation and economic problems for friction materials manufacturers. If asbestos is to be regulated out of friction materials the manufacturers should not be saddled, in the meantime, with compliance to new tighter regulations of asbestos in the workplace. The industry must know which direction regulatory activity will take. III - DESCRIPTION OF PETITIONER No comment. IV - CONTINUED USE OF ASBESTOS...POSES AN UNREASONABLE RISK TO HEALTH The FMSI does not necessarily agree with the credibility of the con clusions drawn from the evidence presented on friction materials in this section. Therefore, the FMSI reserves the right to comment in detail on FMS116990 NRDC Petition -3- this section at some future date, V - SUBSTITUTES Sufficient data is not available at this time on the substitute materials to state that they do not pose a hazard in the workplace environment or to the general public. We wish to cite a recent study by the (Canadian) Royal Commission on Matters of Health and Safety Arising from Use of Asbestos in Ontario, and an earlier paper on Non-asbestos Related Malig nant Mesothelioma. These coraments fo1low: ....If the production of substitute fibres in the future should increase the exposure of workers to long. Chin, durable fibres of dimensions similar to those we have found hazardous for asbestos, we cannot be sure that serious health consequences would not result. In the face of the existing evidence, we believe it would be risky to allow the exposure of workers to respirable fibres longer than 5 microns, with small diameters, of any material, if those fibres are likely to be very durable in the lungs.^ It has been generally accepted now that the fibre which is carcinogenic is a. durable long and thin fibre, the diameter of less than 1.5 micron and length of more than 8 micron appearing critical. A number of fibrous materials other than asbestos car. appear in this size and shape and indeed have'thus been established as cause of mesothelioma in animals, such as: glass fibres, aluminum oxide, tremolite^ attapulgite, dawsonite, silicon carbide and potassium titanate.- ^Report of the Royal Commission of Matters of Health and Safety Arising from the Use of Asbestos in Ontario (1984) Ontario Ministry of the Attorney General, Toronto 2. Non-asbestos Related Malignant Mesothelioma - A Review of the Scientific and Medical Literature, Premysl V. Pelnar, MB, citing a paper by Stanton, Layard, Tegeris, Miller, May and Kent that appeared in the J. Natl. Cancer Inst., March 1977 FMS116991 NPvDC Petit!cm -4- The advantages of semi-metallic brake linings cited in Section V-A are not necessarily supported by test results generated by friction materials manufacturers. While certain of these claimed advantages may be true where the application generates high braking temperatures, they are not necessarily true for the average consumer. Total endorsement of Section V-B of the petition is not appropriate, since friction materials manufacturers produce disc pads and drum segments for passenger cars and light to medium trucks, as well as brake blocks for heavy trucks. The claims made in Section V-B relate to brake blocks and cannot be endorsed for all product lines. Further, actual experience to date has proven that substantial processing modifications and new equipment are required for the asbestos substitute materials. VI - A REQUIREMENT UNDER THE TOXIC SUBSTANCES CONTROL ACT... No comment. VH - CONCLUSION No comment. ***** An immediate ban on the use of asbestos in passenger car and truck brakes cannot be supported because of the Importance of safe brake systems on the nation's highways. Brake linings are a safety related product. We stress consideration of these facts: I. There are legitimate questions on the health hazards of the fibrous substitutes suggested for asbestos replacement in friction materials. FMS116992 NRDC Petition - >- 2. There are programs in place by industry to eliminate the use of asbestos in friction materials, and these programs realistically address health, safety, economics performance, timing, and materials availability issues. 3. The industry must be given time to develop a total line of products which will meet all highway safety requirements. We believe the industry will accept a properly planned program pointed towards the eventual elimination of asbestos in its products. We urge that EPA study the suggested substitute materials as well as the feasibility, economic impact, realistic necessity ~ if it exists, and timing requirements appropriate to the elimination of asbestos in friction materials before re sponding to the petition or proposing a ban or; the use of asbestos in friction materials. Respectfully submitted, FRICTION MATERIALS STANDARDS INSTITUTE E. W. Brisbane Executive Director FMS! 16993 OCT 24 1984 TIME NEEDED TO SUPPLY 100% NON-ASBESTOS MATERIALS o ^ on 03 I---+O-* o-H03 c 5 oc c X o cm to L. ^ >N m c o *E(^ Ii E >s >o0 >s cr\ o> t1 Ii 03 0 > cm >0<-0 CM >00*3 0) 0 0 10 X (0 5 O --2 10 <>c - C"1 to IT\ ir\ ^0 0 CM --4 i. E w>, V0. I 1--4 *--O>1 * iu0 r>O14 >s . -i63 B c E T3 00PM U0 ---- spr_0J cm <-4 Jon* CO K --tv C0 ---O>000 CJ0o<3OOn~ cm cm < CM tLtc0-o. uo~ Vt00>oN. CM osC CJ-ouHO* ---H0c 0u0>0> CM &p--0-4( u-- 1- o fHeH r--t t--i Total o f 14 Members Submitted M a trix Data ec0 o0 0 p"1* oan oCD CL 0 cn c E0 0 a0 c E0 0 O0 -hc 0600U Hc0-* Bo00 -Mc0 os00 a. 0 ac a_ oLU a0: ^| oUi Q0_ oc osUI oX0c oL2U a^X04: -H0 o0 -t-* Q"OoL_. Q j--VD- -0Hc <D B \O_cuL00o_inOCJvo000D*_n J1 o T JO* i3l-- -4Wc~* 0Ean c0 /0 >s 0 X0>0 xl0- 0) -X oo co 0 acn ^4 -aK LVl.. pJO0~N *-- 5>a> jazn a "3O XCc--*i_ o X O ---Q000 X-t0- CJ FMS116994 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 810 October 26, 1984 MEMBERSHIP ACTIVITY There were three actions concerning Institute Membership over the past several days. These involved a name change for the Bendix Corporation, and receipt of applications from two non-United States manufacturers. BENDIX CORPORATION NAME CHANGE At a recent Board of Directors meeting, the Institute accepted the name change on its records of the Bendix Corporation, Friction Materials Division, to: Allied Automotive Bendix Friction Materials Division R & D FRICTION, INC. APPLICATION Full name and address of applicant is: R & D Friction, Inc. 3873 Chesswood Drive North York, Ontario Canada M3J 2R8 Applicant has recently started manufacture of drum brake lining segments. The President of R & D Friction is Mr. Ron Famocchi, who has served several manufacturers in a technical capacity over the past 27 years. The Canadian Government is apparently providing "seed money" to R & D Friction. R & D Friction advised that it is now in commercial production of drum brake linings. They manufacture from basic materials and intend to market drum brake linings in the international market, including the United States. It is my understanding that R & D had been in pilot production of drum brake linings until recently when they moved into regular production. They for warded a catalog of their materials which was effective October 1, 1984. While I had been in contact with Mr. Famocchi, I had advised that they would not b& eligible for Membership until producing materials in commercial quanti ties . FMSI 16995 2- - GRUPO INDUSTRIAL C & F, S.A. de C.V. APPLICATION Full name and address of applicant Is: Grupo Industrial C & F, S.A. de C.V. Av. Industrias Esq. Eje 118 Zona Industrial San Luis Potosl, S.L.P. Mexico Grupo Industrial advised that they had been manufacturing clutch facings under a licensing agreement with Don International of Great Britain. They now intend to market the clutch facings separately from the clutch discs, in addition to marketing the clutch disc assembly. They note that they have been manufacturing clutch facings for their own assembly for six years. Senor Carlos Marin C. is the Director of Grupo Industrial. While they are now marketing in Mexico only, it is their intention to move into the Inter national market including the United States. Accordingly, they prepaid the first year's fee based on the clutch facing category - the same fee as a United States Active Member. ***** The Bendix Membership change is effective immediately. The applications for Regional Membership are now being reviewed by the Institute's Membership Committee. If a Member has any information on the applicants, please advise the Institute Office. No action is required of the Membership, as balloting on Regional Members is handled by the Board of Directors. The foregoing is for your information. Distribution: Delegates and Alternates E. W. Drislane Executive Director FMS116996 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 809 October 19, 1984 BOOKLET - "HOW DOES THE INSTITUTE SERVE ITS MEMBERS?" At the June 1984 Membership Meeting, the Institute Office was directed to prepare a booklet or folder explaining to Member Companies how the Insti tute served its Members. The enclosed booklet contains material and illu strations of the Institute's actions on items of concern to its Members. A well known service is preparation of Institute catalogs, best illustrated by the recently published "1984 Automotive Data Book." That and the technical bulletins that serve as source documents for the catalog are noted in the contents of the report on Institute services. Catalogs or bulletins are not enclosed for illustration. This booklet consists of the following: 1. Report on Institute services (White Paper), pages 1-11 2. Copies of correspondence to regulators on brake system and brake lining rules (Yellow Paper), EXHIBITS 1.1 through 1.8 3. Copies of correspondence relating to environmental and occu pational rules (Green Paper), EXHIBITS 2.1 through 2.6 4. HISTORY of Friction Materials Standards Institute (1977) 5. Illustrative booklet - "Friction Materials Work Practices Guide" (1978) The enclosed is sent for your information and for circulation within your company as you feel appropriate. Distribution: Delegates and Alternates E. W. Drislane Executive Director FMS116997 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 80 8-A October 5, 1984 SPECIAL COMMITTEE ACTION ON THE NATURAL RESOURCES DEFENSE COUNCIL (NRDC) PETITION TO BAN ASBESTOS BRAKE LININGS At the June Membership Meeting, the Members voted, with 7 in favor and 4 opposed, to form a Committee "to consider an Institute petition for banning the manu facture and import of asbestos-containing replacement brake linings for onhighway use, and the Committee prepare the wording of a ballot submitting this question to the Membership." __ What was called an "Ad hoc Committee For The Asbestos Petition Ballot" was formed in late August, from Member companies who volunteered at the June Meeting. The make-up of that Committee was: Mr. Robert H. Nelson, Nutum Corporation, Chairman Mr. Arthur V. Moore, Carlisle Corporation Mr. Larry Mintman, Certified Brakes Mr. F. William Barton, Reddaway Manufacturing Co. A meeting of the ad hoc Committee was called for October 3. In the meanwhile, the Natural Resources Defense Council (NRDC) petitioned the Environmental Pro tection Agency (EPA) on September 12, 1984, to "prohibit the further use of asbestos in automobile and truck brake linings. A copy of this NRDC petition was mailed to the Membership on October 2, 1984. Because of this recent petition, the ad hoc Committee dropped consideration of an Institute petition as advocated at the June Meeting, and recommended that the Institute prepare a position paper to comment on the NRDC petition. Mr. Comins, President, asked that the Members of the ad hoc Committee continue serving as a standing Committee. That Committee will be known as the Institute Regulatory Committee. That Committee and its recommendations are discussed in BULLETIN NO. 808, wherein the Members are asked to ballot on preparation of an Institute petition. The wording of the ballot is that directed by the Institute Regulatory Commission. The October 3 Meeting was attended by the four Members above, Mr. Stuart Comins (President) and Mr. E. W. Drislane (Secretary). The foregoing is for your information. Distribution: Delegates and Alternates Institute Regulatory Committee E. W. Drislane Executive Director FMS116998 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 808 October 5, 1984 MEMBERSHIP BALLOT - INSTITUTE POSITION PAPER ON NATURAL RESOURCES DEFENSE COUNCIL PETITION TO BAN THE USE OF ASBESTOS BRAKE LININGS As the Natural Resources Defense Council (NRDC) has petitioned the Environmental Protection Agency (EPA) to "prohibit the further use of asbestos in automobile and truck brake linings," the Institute Regulatory Committee voted to ballot the Membership on submission of a friction materials manufacturers' position paper. This position paper would cover the following key points: 1. There are different times required to develop safe products for each of the product categories. 2. A synoposis of where tjie industry's non-asbestos development stands at this time would be presented. 3. Due to significant product differences, sufficient engineering time must be allowed to insure product performance. 4. Adequate lead time must be allowed for manufacturing process development. Whether or not you support preparation of an Institute position paper as outlined above, would you please provide the information requested on the attached "Non Asbestos Product Development Matrix." THE EPA MUST RULE ON THIS PETITION BY DECEMBER 11, 1984. WE NEED YOUR RESPONSE BY OCTOBER 22. A MEETING OF THE BOARD OF DIRECTORS IS BEING CALLED FOR OCTOBER 25 TO ADDRESS THIS CRITICAL ISSUE. It is asked that the Delegate only respond. To provide confidentiality, please call Mr. Drislane with your vote and with the data for the "Non-Asbestos Product Development Matrix." If you mail in your ballot with the completed matrix, the individual replies will be discarded after the data is assembled. Distribution: Delegates and Alternates E. W. Drislane Executive Director BAL L 0 T Should the Institute submit a position paper to the Environmental Protection Agency along the above lines? _________ () YES _________ () NO By: Company: Date: FNtSl 16999 TIME NEEDED TO SUPPI Y 100% NON-ASBESTOS MATERIALS X s(0 -Mc e t--OQ Q) Q><D ""oUOu Q_ <O0 _(<1Q0D0 co1 CL -"oHoDo Passenger C ar/Lt Truck Drum Brake Segments s o Replacement Medium/Heavy Truck Drum Brake Segments OEM Replacement Brake Blocks ' OEM Replacement Disc Brake L in in g s OEM Replacement Off-Highway F ric tio n Products OEM Replacement Other (Describe) OEM , Replacement r o(0 VoQ.fl X A v a ila b le Now 1 Year 2 Years Subm itted by tL(f0.i CD ' Other Do Not Unknown M anufacture FMS117000 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 807 October 3, 1984 HISTORICAL SALES PROGRAM The historical sales program continues on a quarterly basis. Regional Members using the Institute's copyrights and trademarks for marketing their products in the United States may participate if they wish. The Institute is requesting details of pieces sold for the first nine months of 1984 - to September 30, 1984. Reporting rules remain unchanged. Please report cumulative figures for these first nine months. 1. Quantities will be reported in pieces (not units or sets). For roll linings, each foot of length will be one piece. 2. The Accountants will report the names of the Members from whom reports are received. 3. Total pieces in each group will be reported. 4. "Clutch Facings" does not include gear tooth discs, automatic trans mission discs, or the 8-14" diameter (3/16 to 1/2" thick) asbestos composition discs. The Accountants' report will have the same format as that used for the June 30, 1984 data. Based on resolutions at the June 1984 Meeting, the Accountants will list the names of the Members reporting in each product line. The input to the Accountants will be confidential. Totals for each group will be shown and one cannot determine quantities reported by individual Members. You will be receiving from Marshall Granger & Company, CPA, a form for completing this information. Please return it to: Marshall Granger & Company, CPA 1600 Harrison Ave. Mamaroneck, NY 10543 If you will report, please have your figures in by November 15, 1984. If you do not wish to report these figures, no reply is necessary. Only those reporting figures will receive the industry totals when the data is summarized. A sample form and definitions are attached. Distribution: Delegates & Alternates Regional Members (U.S. Dues) E. W. Drislane Executive Director FMS117001 EXHIBIT "A" STATISTICAL PROGRAM OF T:!2 FTIICTIOU MATERIALS STANDARDS INSTITUTE, I15C. Hail to: Marshall Granger & Co., CPA 1600 Harrison Avenue Mamaroneck, UY 10543 ft ft ft * ft ft ft ft ft ft ft ft ft ft ft ft ft ft ft ft ft ft ft See instructions for sales to other members. Pieces sold to United States distributors, jobbers, private brands, rebuilders, brake specialists, fleets, mass merchandisers, direct consumers, government agencies, or other customers for use in the United States replacement market: MOUTHS JAiIUARY 1, to SEP 3 01984 brake linings less than 3/4" nominal thickness (See explanation for roll linings). _ Brake blocks, nominal thickness of 3/4" and over Disc Brake Linings Clutch Facings m I Wi fr-- lv USE REPORTING iXRi.l TO BE SENT BY ACCOUNTANTS Total Pieces STATISTICS SUPPLIED BY __________________________________________ Signature Company Telephone Humber FMS117002 EXHIBIT "B" DEFINITION FOR HISTORICAL. SALES PIECES The reports will show pieces of friction material, in groups as shown: Group Description Normal Usage Brake Lining Friction materials less than a nominal 3/4" thickness (See note on roll lining) Normally, one piece to a shoe Brake Blocks Disc Brake Linings Clutch Facing Friction materials with a nominal thickness of 3/4" and over Friction materials sold (for disc brakes) to be attached to the shoe, or sold as a unit molded, bonded or riveted to the shoe Friction materials of annular shape, or segments thereof Normally, two pieces to a shoe Normally, one piece to a shoe Normally, two annular pieces per clutch plate Note: For roll lining only, consider each foot of length equals one piece. REPLACEMENT SALES TO UNITED STATES MARKET This reporting is for sales to the United States replacement market only. Do not include sales to other markets. This includes sales under the friction material manufacturer's own name or brand name used by the customer, to automotive ware house distributors, jobbers, rebuilders, brake specialists, fleets, mass merchan disers, direct consumers, government agencies or other customers for use in the United States replacement market. When a friction materials manufacturer is shipping to a vehicle manufacturer, brake manufacturer, or clutch manufacturer, but has no reasonable way of determining if the pieces are for original equipment replacement purposes, estimates will not be used - these pieces will not be reported. However, where a friction material manufacturer is shipping to a point known to be used for replacement, or where he stencils or otherwise Identifies the pieces as being for replacement purposes, or where the shipments otherwise are obviously known to be for replacement, these pieces will be reported. The member who sells to the type customer or user indicated above will report those pieces sold, even if purchased from another Active Member or Regional Member. When you sell your friction materials to another Member (Active or Regional) do not report those sales:. Materials sold to Licensee Members of the Institute for the replacement market should be included. FMSI 17003 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 806 October 2, 1984 NATURAL RESOURCES DEFENSE COUNCIL (NRDC) PETITION FOR AN ENVIRONMENTAL PROTECTION AGENCY (EPA) BAN ON ASBESTOS IN AUTOMOTIVE BRAKES We are enclosing a copy of the petition prepared by the NRDC requesting the EPA to impose a ban on the use of asbestos in automotive brakes. The peti tion was received by the EPA on September 12, 1984. According to statute, the EPA will have 90 days to reply to this petition. The ban proposed by the NRDC would apply to both original equipment and re placement brake linings used on "cars and trucks." They did not specify clutch facings and off-highway friction materials. The petition appears to be the handiwork of Mr. Barry Castleman who has been a most outspoken critic of asbestos for the NRDC. Our Membership voted 7 to 4 (with several abstentions) to form a special Committee to prepare a ballot on a more limited petition at its June Meeting. That Committee will be meeting on October 3, 1984. At this point, there is no Institute position on either the NRDC petition or the possible more limited Institute petition. This petition on the possible ban of asbestos brake linings for automotive use is important, as the EPA must reply in the 90 day period. I have been contacted by EPA on this petition, and they have requested input. As there is division among Institute Members, I can give them no input at this time. However, individual Members are welcome to give input. The individual working on this petition who called was Mr. Steve Shapiro. His address and phone are; United States - EPA TS - 794 401 M Street - SW Washington, DC 20460 Telephone; 202-382-3937 It would appear that EPA must act on this petition by December 11, 1984. I will be contacting the Institute's Board of Directors and the Health and En vironmental Affairs Committee on this petition. In the meanwhile, those wishing to contact the EPA individually are encouraged to do SO. Distribution: Delegates and Alternates H.E.A. Committee Regional Members (U. S. Dues) E. W. Drislane Executive Director FMS117004 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 805 September 24, 1984 MEMBERSHIP ACTIVITY In earlier BULLETINS NO. 801 and 803 we had advised that Regional Member ship applications had been received from COBREQ - Companhia Brasileira de Equipamentos of Brazil, and Pyeong Hwa Clutch Ind. Co., Ltd. of Korea, and a Licensee application had been received from Conklin Equipment Co. of California. Product information on all three applicants was included in the earlier Bulletins. As noted in our BULLETIN NO. 802, balloting on Regional Member and Licensee applications is completed by the Board of Directors. After review by the Membership Committee and the Board of Directors, all three applications have been accepted. The following have been admitted to the Membership class noted: (Regional) COBREQ - Companhia Brasileira de Equipamentos Rua Tupi, 293 - Rola Maria 13.330 - Indaiatuba - SP Brazil (Regional) Pyeong Hwa Clutch Ind. 214, 3Ka, Nowon-Dong Buk-Ku, Daegu Korea Co., Ltd. (Licensee) Conklin Equipment Company 1249 East Mission Road Eallbrook, CA 92028 In addition, we had been requested to change the Active Membership of the Guardian Corporation to the new name Guardian McGraw-Edison Company. This change was balloted by the Board of Directors, and the name change has been made on the Institute records: (Active) Guardian McGraw-Edison Company 145 North Beacon St. Brighton, MA 02135 All votes were unanimous. There were no negative comments received on any of the new Membership applications. The foregoing information is sent as a matter of record. EWD/e E. W. Drislane Executive Director Delegates and Alternates FMSI 17005 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 804 August 7, 1984 PRODUCT LIABILITY INSURANCE Prior to the June Membership Meeting, Mr. Stuart Comins of P.T., Brake Lining Company asked that "Product Liabiiity Insurance" be added as an agenda item at that meeting. This subject was discussed, and Mr. Jack Carney, of Friction Division Products, Inc. (Formerly Thiokol) advised that he had earlier contacted an insurance consultant on this subject. The problem, of course, is asbestos. Most insurers are not interested in providing product liability insurance coverage where any asbestos exposure is involved. Based on the discussion at the Meeting, Mr. Carney was to send some basic background relative to possible use of captive insurance companies for coverage. Enclosed is the background letter from Mr. Carney along with a questionnaire. In addition there is a copy of a letter from the Risk Planning Group to Kamp Associates (Insurance Consultant) concerning their services. Copies of this Bulletin with enclosure are being sent to both the Delegate and Alternate. We ask that one of you coordinate a reply, and that you return the completed questionnaire as soon as possible as the study cannot start until the information is received. Please direct any questions to Mr. Lee Penman at Kamp Associates (609-596-9249). You will note in Mr. Carney's cover letter that he asks that if you are not interested that you please com plete the form so indicating. The Form should be returned to: Kamp Associates One Green Tree Center Suite 201 . Marlton, NJ 08053 EWD/dr Enclosure: Cover letter - Carney Questionnaire Risk Planning Group letter E. W. Drislane Executive Director FMSI 17006 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 8 0 3 July 25, 1984 MEMBERSHIP ACTIVITY As new Committees must he formed after election of Officers, we have only now started processing an application for Regional Membership which was published in our BULLETIN NO. 801 of July 10, 1984. In that Bulletin, we advised that an application had been received for Regional Membership from COBREQ, a Brazilian manufacturer of brake linings and brake blocks. We now have additional information to report on Membership activity. Pyeong Hwa Clutch Ind. Co., Ltd., Korea Pyeong Hwa Clutch is a clutch facing manufacturer in South Korea. They are represented in the United States by American Precision Company of Chicago, Illinois. Full address of applicant is: Pyeong Hwa Clutch Ind. Co., Ltd. 214, 3Ka, Nowon-Dong, Buk-ku Daegu, Korea While the application was prepared by the South Korean principals, pre liminary contacts were made by American Precision Company in Chicago. American Precision manufactures clutch parts but they do not manufacture clutch facings. Pyeong Hwa Clutch provides American Precision facings which they market. They would be participating in one category (clutch facings) paying the higher dues level which is paid by United States Active Members. The prepayment of the first year fee accompanied the application. From the background information from American Precision and the information on the application form, it appears that Pyeong Hwa Clutch is eligible for Regional Membership, and the Membership Committee is now reviewing the application. Conklin Equipment Company, Fallbrook, California We have received a Licensee application from the following: Conklin Equipment Company 1249 East Mission Road Fallbrook, CA 92028 Conklin is a manufacturer of equipment used primarily by rebuilders for de-lining and preparing brake shoes for re-line. They manufacture items such as brake shoe deriveters, brake shoe punch presses, and brake shoe correctors. Their equipment is used on both drum brake shoes and disc brake shoes. The applicable clause in our Constitution is as follows: FMSI 17007 Membership Activity -2- July 25, 1984 Any person, firm or corporation.......... engaged in the manufacture of tools and/or equipment used in the preparation and installa tion of friction materials, shall be eligible to become a Licensee. The Conklin application was accompanied by the necessary prepayment of the first year's annual fee. This application must be processed by the Member ship Committee and the Board of Directors. Aicace, S.A. Equipamentos Electricos, Brazil During the past fiscal year, Aicace, S.A. of Brazil was admitted as a Regional Member, participating in the clutch facing category. Aicace, S.A. had now sold its clutch facing business and asked that their Membership be terminated. That Regional Membership is now terminated. ***** The foregoing is sent as a matter of information. EWD/dr Distribution: Delegates and Alternates E. W. Drislane Executive Director FMS117008 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 8 0 2 July 10, 1984 PROCESSING OF MEMBERSHIP APPLICATIONS The Directors discussed and reviewed procedures for processing Membership applications at the recent Board of Directors Meeting. The impetus for the discussion was that several Members do not return ballots on Membership applications, and two Members consistently vote against acceptance of an Applicant after usually unanimous approvals by the Membership Committee and the Board of Directors. The negative votes are usually centered on Regional Members, whether they intend to market products in the United States or not. After reviewing this situation, the Board asked that the Institute advise the Members that as an association it is subject to Federal and State anti-trust laws. If denial of Membership to a qualified applicant would affect that applicant's ease of entry into the friction materials market, the Institute could be charged with violation of anti-trust laws. This does not mean that all applicants must be accepted. We normally ad vise the Membership on applications for Membership and ask that any back ground information on applicant be sent in for review before balloting is complete. What grounds could support denial of an application? Criminal background--residence in Communist countries--failure to pay earlier dues assessments--confirmed unethical practices--and similar backgrounds could serve as support for denial of an application. The Board then reviewed certain sections of the Constitution and By-Laws on processing of applications. Practice had been that applications for Active Membership were processed through the Membership Committee, the Board of Directors and the full Membership. Regional Member applications were processed similarly. Licensee applications were processed through the Membership Committee and the Board of Directors only, without final balloting by the Membership. In reviewing the Constitution, it was noted that balloting by the full Membership on Regional Members is not called for. The wording in ARTICLE III, MEMBERSHIP, Section 3, Applications, is as follows: ..........Applications for admission as a Regional Member or as a Licensee likewise shall be made in writing and shall be subject to acceptance by the Board, but shall not require agreement by the applicant to be bound by the Constitution and By-Laws............ I, as Secretary, had incorrectly submitted all Regional Membership applica tions to the Membership--consistent with the practice for Active Members. FMS117009 Membership Applications - 2- July 10, 1984 In reading the Constitution and By-Laws, it is consistent in referring to Active Members (United States Members) as "Members." Where the Constitu tion is referring to Regional Members or Licensees it specifically refers to them as such. I had mistakenly taken certain referrals to "Members" to refer to Regional Members as well as Active Members. When processing applications in the future, we will advise the Membership on all applications, but will submit Regional Member and Licensee applica tions to final balloting by the Board of Directors. Applications for Active Membership will continue to be processed as called for in the Con stitution and By-Laws, through the full Membership (meaning all Active Members). The foregoing is sent as a matter of information. Distribution: Delegates and Alternates E. W. Drislane Executive Director FMS117010 FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 801 July 10, 1984 MEMBERSHIP ACTIVITY This is to advise the Membership on actions taken recently on applica tions for Membership and on receipt of a new application. Cougar Brake Products Industries - Active Member At the June Board of Directors Meeting and at the Membership Meeting, Cougar Brake Products Industries was elected to Active Membership. Mr. Alex Tabori is the Delegate from Cougar Brake Products. Address of the new Member is: Cougar Brake Products Industries, Inc. 1600 W. Edgar Road Linden, NJ 07036 CBS (Automotive and Industrial) Limited - Licensee At the June Board of Directors Meeting, CBS (Automotive and Industrial) Limited was elected as a Licensee. Contact at CBS is Mr. Marten N. Symons. Address of the new Licensee is: CBS (Automotive and Industrial) Limited Bone Lane - Newbury Berkshire RG14 5RH England COBREQ - Companhia Brasileira de Equlpamentos - Regional Member This is to advise the Membership that we have recently received an application for Regional Membership from: COBREQ - Companhia Brasileira de Equlpamentos Rua Tupi, 293 - Vila Maria 13.330 - Indaiatuba - SP Brazil COBREQ is a friction materials manufacturer. Its application will be re viewed by the Membership Committee and the Board of Directors. It is COBREQ's intention to market its products in the United States using the Institute's trademarks and copyrights. It will pay the same fee level as an Active Member. If a Member has information which may be helpful to the Board of Directors in reviewing this application, please send it to the Institute Office. Distribution: Delegates and Alternates E. W. Drislane Executive Director FMSI 17011 IRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 BULLETIN NO. 800 July 3, 1984 HISTORICAL SALES PROGRAM The historical sales program continues on a quarterly basis. Regional Memb ers using the Institute's copyrights and trademarks for marketing their products in the United States may participate if they wish. The Institute is requesting details of pieces sold for the first six months of 1984 - to June 30, 1984. Reporting rules remain unchanged. Please report cumulative figures for these first six months. 1. Quantities will be reported in pieces (not units or sets). For roll linings, each foot of length will be one piece. 2. The Accountants will report the names of the Members from whom reports are received. 3. Total pieces in each group will be reported. 4. "Clutch Facings" does not include gear tooth discs, automatic transmission discs, or the 8-14" diameter (3/16 to 1/2" thick) asbestos composition discs. While there is no change in your reporting to the Accountants, there will be a change in the form of the report prepared by the Accountants. Based on resolutions at the June 1984 Meeting, the Accountants will list the names of the Members reporting in each product line. (On earlier quarterly reports they have been listing only the Members reporting without indicating who reported by product line). The input to the Accountants will be confi dential. Totals for each group will be shown and one cannot determine quantities reported by individual Members. You will be receiving from Marshall Granger & Company, CPA, a form for completing this information. Please return it to: Marshall Granger & Company, CPA 1600 Harrison Ave. Mamaroneck, NY 10543 - If you will report, please have your figures in by August 15, 1984. If you do not wish to report these figures, no reply is necessary. Only those reporting figures will receive the industry totals when the data is summar ized. A sample form and definitions are attached. E. W. Drislane EWD/e Executive Director Distribution: Delegates & Alternates Regional Members (U.S. Dues) FMSI 17012 EXHIBIT "B" DEFINITION FOR HISTORICAL.SALES PIECES The reports will show pieces of friction material, in groups as shown: Group Description Normal Usage Brake Lining Friction materials less than a nominal 3/4" thickness (See note on roll lining) Normally, one piece to a shoe Brake Blocks Disc Brake Linings Friction materials with a nominal thickness of 3/4" and over Friction materials sold (for disc brakes) to be attached to the shoe, or sold as a unit molded, bonded or riveted to the shoe Normally, two pieces to a shoe Normally, one piece to a shoe Clutch Facing Friction materials of annular shape, or segments thereof Normally, two annular pieces per clutch pla Note: For roll lining only, consider each foot of length equals one piece. REPLACEMENT SALES TO UNITED STATES MARKET This reporting is for sales to the United States replacement market only. Do not include sales to other markets. This includes sales under the friction material manufacturer's own name or brand name used by the customer, to automotive ware house distributors, jobbers, rebuilders, brake specialists, fleets, mass merchan disers, direct consumers, government agencies or other customers for use in the United States replacement market. When a friction materials manufacturer is shipping to a vehicle manufacturer, brake manufacturer, or clutch manufacturer, but has no reasonable way of determining if the pieces are for original equipment replacement purposes, estimates will not be used - these pieces will not be reported. However, where a friction material manufacturer is shipping to a point known to be used for replacement, or where he stencils or otherwise identifies the pieces as being for replacement purposes, or where the shipments otherwise are obviously known to be for replacement, these pieces will be reported. The member who sells to the type customer or user indicated above will report those pieces sold, even if purchased from another Active Member or Regional Member. When you sell your friction materials to another Member (Active or Regional) do not report those sales:. Materials sold to Licensee Members of the Institute for the replacement market should be included. FMS1 17013 EXHIBIT -A" STATISTICAL PROGRAM OF T'12 FRICTION i'lATERIALS STANDARDS INSTITUTE, INC. Hail to: Marshall Granger & Co., CPA 1600 Harrison Avenue Mamaroneclc, NY 10543 A * * ;V & >\ ?V & ?? & & i'e 5'; :*c * ft See instructions for sales to other members. Pieces sold to United States distributors, jobbers, private brands, rebuilders, brake specialists, fleets, mass merchandisers, direct consumers, government agencies, or other customers for use in the United States replacement market; MONTHS JANUARY 1, to brake linings less than 3/4" nominal thickness (See explanation for roil linings). _ JUN 3 01984 Brake blocks, nominal thickness of 3/4" and over Disc Brake Linings Clutch Facings Total Pieces STATISTICS SUPPLIED BY _____________________________________ Signature Company Telephone Number FMS117014