[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 [www.gpo.gov]
[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: 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: 
[email protected].
    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: 
[email protected].

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.''
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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 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