Petition Requesting Rulemaking on Duster Aerosol Products
| Published date | 29 June 2021 |
| Citation | 86 FR 34171 |
| Record Number | 2021-13337 |
| Section | Proposed rules |
| Court | Consumer Product Safety Commission |
34171
Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Proposed Rules
1
The petitioner also requests that CPSC
promulgate a provision in a standard that requires
retailers to monitor and limit individuals from
continually purchasing multiple cans of duster from
their stores within a designated (1 month) period.
Under Section 7 of the CPSA, the Commission may
issue only performance requirements and
requirements for warnings or instructions.
Therefore, the Commission lacks authority to
require these additional provisions.
activities that could affect the results.
NOAA prohibited fishing, diving, and
stopping a vessel in the research area.
NOAA prepared a final regulatory
flexibility analysis for this rule when it
was finalized.
ONMS invites comments on this rule,
and will evaluate comments that would
assist ONMS in conducting its RFA
section 610 review. Unless we publish
a document stating otherwise, ONMS
will make the final report available at
http://sanctuaries.noaa.gov/library/
alldocs.html.
John Armor,
Director, Office of National Marine
Sanctuaries, National Oceanic and
Atmospheric Administration.
[FR Doc. 2021–13495 Filed 6–28–21; 8:45 am]
BILLING CODE 3510–NK–P
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Chapter II
[Docket No. CP–21–1]
Petition Requesting Rulemaking on
Duster Aerosol Products
AGENCY
: Consumer Product Safety
Commission.
ACTION
: Request for comment on
petition for rulemaking.
SUMMARY
: The Consumer Product Safety
Commission (CPSC or Commission) has
received a petition requesting that the
Commission initiate rulemaking to
adopt a safety standard for duster
aerosol products. The Commission
invites written comments concerning
the petition.
DATES
: Submit comments by August 30,
2021.
ADDRESSES
: Submit comments,
identified by Docket No. CP–21–1, by
any of the following methods:
Electronic Submissions: Submit
electronic comments to the Federal
eRulemaking Portal at: https://
www.regulations.gov. Follow the
instructions for submitting comments.
CPSC does not accept comments
submitted by electronic mail (email),
except through https://
www.regulations.gov and as described
below. CPSC encourages you to submit
electronic comments by using the
Federal eRulemaking Portal, as
described above.
Mail/Hand Delivery/Courier Written
Submissions: Submit comments by
mail/hand delivery/courier to: Division
of the Secretariat, Consumer Product
Safety Commission, Room 820, 4330
East West Highway, Bethesda, MD
20814; telephone: (301) 504–7479.
Alternatively, as a temporary option
during the COVID–19 pandemic, you
may email such submissions to: cpsc-
os@cpsc.gov.
Instructions: All submissions must
include the agency name and docket
number for this notice. CPSC may post
all comments without change, including
any personal identifiers, contact
information, or other personal
information provided, to: https://
www.regulations.gov. Do not submit
electronically: Confidential business
information, trade secret information, or
other sensitive or protected information
that you do not want to be available to
the public. If you wish to submit such
information, please submit it according
to the instructions for mail/hand
delivery/courier written submissions.
Docket: For access to the docket to
read background documents or
comments received, go to: https://
www.regulations.gov, and insert the
docket number, CP–21–1, into the
‘‘Search’’ box, and follow the prompts.
FOR FURTHER INFORMATION CONTACT
:
Alberta E. Mills, Division of the
Secretariat, Consumer Product Safety
Commission, 4330 East West Highway,
Bethesda, MD 20814; telephone: 301–
504–7479; email: amills@cpsc.gov.
SUPPLEMENTARY INFORMATION
: On April
2, 2021, Families United Against
Inhalant Abuse (FUAIA) (petitioner),
submitted a petition requesting the
Commission initiate rulemaking to
adopt a mandatory CPSC safety standard
to address the hazards associated with
‘‘duster’’ aerosol products used for
cleaning electronics and other items and
containing the chemical 1,1-
Difluorethane, or any derivative thereof.
The Commission’s procedure for
petitioning for rulemaking is described
at 16 CFR part 1051.
The petitioner states that ‘‘duster’’
products are any hydrofluorocarbon
propellant cleaner products intended for
the purpose of cleaning electronic
devices, photographic equipment, and
any other items having areas where dust
resides and is inaccessible by hand. The
petitioner also states that such duster
products contain hydrofluorocarbon
propellant cleaner, such as 1,1-
Difluoroethane, or a similar derivative.
The petitioner notes that these duster
products are sold under a variety of
brand names and are widely available to
consumers in various retail stores and
online.
The petitioner states that when 1,1-
Difluoroethane used in duster aerosol
products is inhaled from the can
(commonly called huffing), intoxication
occurs rapidly, yet is very short-lived (4
to 5 minutes). According to the
petitioner, inhalation of this chemical is
acutely dangerous and causes
immediate brain damage and possible
Sudden Sniffing Death (SSD). The
petitioner states that 22 percent of first-
time duster inhalers die, and the
majority of all duster-inhalant deaths
are attributed to SSD.
After reviewing all of the data, the
petitioner concludes that: (1) Duster
inhalation in the United States is a
‘‘chronic problem’’; (2) individuals of all
ages, genders, ethnicities, and
education, and socioeconomic levels are
involved in the use of duster as an
inhalant and are dying in large numbers
throughout the United States; (3) there
is an ‘‘unreasonable’’ risk of physical
injury and death due to the inhalant use
of duster products; and (4) current
interventions (legislation, retail
practices, manufacturer design) have
been ineffective in resolving this
problem.
The petitioner requests that CPSC
promulgate a mandatory safety standard
that includes the following:
•A performance standard. Require
manufacturers to add an aversive
(bitterant other than Denatonium
Benzoate) to all duster aerosol cans at a
level of 30–40 ppm. The duster can
injection technology must be improved
to ensure that the bitterant actually gets
into the can and will also appear in the
spray at the designated level.
•Warning requirements.
1
Place a
‘‘much stronger’’ warning on the can.
An example of this warning could be:
‘‘DANGER: DEATH—This product can
kill you if you breathe it.’’
The Commission seeks comments
concerning this petition.
The major factors the Commission
considers in deciding whether to grant
or deny a petition regarding a product
include the following items:
(1) Whether the product involved
presents an unreasonable risk of injury.
(2) Whether a rule is reasonably
necessary to eliminate or reduce the risk
of injury.
(3) Whether failure of the Commission
to initiate the rulemaking proceeding
requested would unreasonably expose
the petitioner or other consumers to the
risk of injury which the petitioner
alleges is presented by the product. 16
CFR § 1051.9(a).
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34172
Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Proposed Rules
In considering these factors, the
Commission will treat as an important
component of each one the relative
priority of the risk of injury associated
with the product about which the
petition has been filed and the
Commission’s resources available for
rulemaking activities with respect to
that risk of injury. 16 CFR 1051.9(b).
The CPSC Policy on Establishing
Priorities for Commission Action, 16
CFR 1009.8, sets forth the criteria upon
which Commission priorities are based.
The petition is available on the CPSC
website https://www.cpsc.gov/s3fs-
public/Petition-from-Families-United-
Against-Inhalant-Abuse-FUAIA.pdf?
EYYcWmPdktNDi5NiVt8Vixck_.Sz.Mnf
or http://www.regulations.gov, under
Docket No. CP–21–1, Supporting and
Related Materials. Alternatively,
interested parties may obtain a copy of
the petition by writing or calling the
Division of the Secretariat, Consumer
Product Safety Commission, 4330 East
West Highway, Bethesda, MD 20814;
telephone (301) 504–6833.
Alberta E. Mills,
Secretary, U.S. Consumer Product Safety
Commission.
[FR Doc. 2021–13337 Filed 6–28–21; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF THE INTERIOR
Bureau of Safety and Environmental
Enforcement
30 CFR Part 250
Bureau of Ocean Energy Management
30 CFR Part 550
[Docket ID BSEE–2019–0008, EEEE500000,
21XE1700DX, EX1SF0000.EAQ000]
RIN 1082–AA01
Oil and Gas and Sulfur Operations in
the Outer Continental Shelf—
Revisions to the Requirements for
Exploratory Drilling on the Arctic Outer
Continental Shelf
AGENCY
: Bureau of Safety and
Environmental Enforcement (BSEE) and
Bureau of Ocean Energy Management
(BOEM), Department of the Interior.
ACTION
: Withdrawal of proposed rule.
SUMMARY
: The U.S. Department of the
Interior (DOI or Department), acting
through BSEE and BOEM, hereby
withdraws in its entirety the proposed
rule published on December 9, 2020,
entitled ‘‘Revisions to the Requirements
for Exploratory Drilling on the Arctic
Outer Continental Shelf.’’
DATES
: As of the date of signature, June
23, 2021, the proposed rule published
on December 9, 2020, at 85 FR 79266 is
withdrawn.
FOR FURTHER INFORMATION CONTACT
: For
questions on any BSEE issues, contact
Kirk Malstrom, BSEE, at kirk.malstrom@
bsee.gov or at (703) 787–1751. For
questions on any BOEM issues, contact
Deanna Meyer-Pietruszka, BOEM, Chief,
Office of Policy, Regulation, and
Analysis, at Deanna.Meyer-Pietruszka@
boem.gov or by mail to 1849 C Street
NW, Washington, DC 22040 or by
calling (202) 208–6352.
SUPPLEMENTARY INFORMATION
: On July
15, 2016, BSEE and BOEM promulgated
a narrowly focused rule (see 2016 Arctic
Exploratory Drilling Rule at 81 FR
46478) revising the regulations
applicable to exploratory drilling
operations conducted during the Arctic
Outer Continental Shelf (OCS) open-
water drilling season by drilling vessels
and ‘‘jack-up rigs’’ (collectively known
as mobile offshore drilling units or
MODUs) in the Beaufort Sea and
Chukchi Sea Planning Areas. The
regulations promulgated through the
2016 Arctic Exploratory Drilling Rule
were intended to ensure that Arctic OCS
exploratory drilling operations are
conducted in a safe and responsible
manner, while taking into account the
unique conditions of the Arctic OCS as
well as Alaska Natives’ cultural
traditions and their need for access to
subsistence resources.
E.O. 13795, ‘‘Implementing an
America-First Offshore Energy Strategy’’
(82 FR 20815), issued on April 28, 2017,
and S.O. 3350, ‘‘America-First Offshore
Energy Strategy,’’ issued on May 1,
2017, directed BSEE and BOEM to
undertake a review of the 2016 Arctic
Exploratory Drilling Rule. In response,
on December 9, 2020, the Department
published the proposed rule: ‘‘Oil and
Gas and Sulfur Operations on the Outer
Continental Shelf—Revisions to the
Requirements for Exploratory Drilling
on the Arctic Outer Continental Shelf’’
(85 FR 79266) (2020 Proposed Arctic
Exploratory Drilling Rule). The
proposed rule provided a 60-day public
comment period, which closed February
8, 2021. After publication of the
proposed rule, BSEE and BOEM
received requests to extend the
comment period for 60 days. BSEE and
BOEM subsequently re-opened the
comment period for an additional 60
days through a notice published in the
Federal Register on February 10, 2021
(86 FR 8878). That comment period
closed on April 9, 2021.
Since publication of the 2020
Proposed Arctic Exploratory Drilling
Rule, President Biden issued E.O.
13990, ‘‘Protecting Public Health and
the Environment and Restoring Science
to Tackle the Climate Crisis’’ (86 FR
7037, Jan. 25, 2021). E.O. 13990
establishes a policy to, among other
things, promote and protect public
health and the environment. Section 7
of the E.O. revoked E.O. 13795. Further,
on April 16, 2021, Secretary Haaland
issued S.O. 3398, which revoked S.O.
3350. The Department has decided it
will not proceed with a final rule
codifying any provisions of the 2020
Proposed Arctic Exploratory Drilling
Rule, and the proposed rule is hereby
withdrawn. The withdrawal of the
proposed rule does not preclude the
Department from initiating the same or
a similar rulemaking at a future date.
Should the Department decide to
undertake such a rulemaking, it will
begin with a new proposed rule and
provide new opportunities for comment.
Laura Daniel-Davis,
Principal Deputy Assistant Secretary, Land
and Minerals Management.
[FR Doc. 2021–13803 Filed 6–28–21; 8:45 am]
BILLING CODE 4310–VH–P; 4310–MR–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2019–0955]
RIN 1625–AA09
Drawbridge Operation Regulation; New
River, Fort Lauderdale, FL
AGENCY
: Coast Guard, DHS.
ACTION
: Supplemental notice of
proposed rulemaking.
SUMMARY
: On July 13, 2020, the Coast
Guard published a notification of
proposed rulemaking (NPRM) to change
the operating schedule that governs the
Florida East Coast (FEC) Railroad Bridge
across the New River, mile 2.5, at Fort
Lauderdale, Florida. This proposed
change would allow the drawbridge to
operate on a more predictable schedule.
The Coast Guard is publishing this
supplemental notice of proposed
rulemaking (SNPRM) as considerable
time has passed since the NPRM was
published and minor modifications
have been made to the proposed rule.
We invite your comments on this
proposed rulemaking.
DATES
: Comments and related material
must reach the Coast Guard on or before
July 29, 2021.
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