Proposed Rule2021-13337
Petition Requesting Rulemaking on Duster Aerosol Products
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 29, 2021
Issuing agencies
Consumer Product Safety Commission
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 122 (Tuesday, June 29, 2021)</title>
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[Federal Register Volume 86, Number 122 (Tuesday, June 29, 2021)]
[Proposed Rules]
[Pages 34171-34172]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-13337]
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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.
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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: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the
instructions for submitting comments. CPSC does not accept comments
submitted by electronic mail (email), except through <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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:
<a href="/cdn-cgi/l/email-protection#fd9e8d8e9ed0928ebd9e8d8e9ed39a928b"><span class="__cf_email__" data-cfemail="6506151606480a1625061516064b020a13">[email protected]</span></a>.
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: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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: <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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:
<a href="/cdn-cgi/l/email-protection#8dece0e4e1e1fecdeefdfeeea3eae2fb"><span class="__cf_email__" data-cfemail="13727e7a7f7f6053706360703d747c65">[email protected]</span></a>.
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:
<bullet> 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.
<bullet> 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.''
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\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.
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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 Sec. 1051.9(a).
[[Page 34172]]
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 <a href="https://www.cpsc.gov/s3fs-public/Petition-from-Families-United-Against-Inhalant-Abuse-FUAIA.pdf?EYYcWmPdktNDi5NiVt8Vixck_.Sz.Mnf">https://www.cpsc.gov/s3fs-public/Petition-from-Families-United-Against-Inhalant-Abuse-FUAIA.pdf?EYYcWmPdktNDi5NiVt8Vixck_.Sz.Mnf</a> or <a href="http://www.regulations.gov">http://www.regulations.gov</a>, 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
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