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Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Proposed Rules 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. 202113495 Filed 62821; 8:45 am BILLING CODE 3510NKP

CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Chapter II
Docket No. CP211

Petition Requesting Rulemaking on Duster Aerosol Products Consumer Product Safety Commission.
ACTION: Request for comment on petition for rulemaking.
AGENCY:

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. CP211, 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

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20814; telephone: 301 5047479.
Alternatively, as a temporary option during the COVID19 pandemic, you may email such submissions to: cpscos@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, CP211, 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
5047479; 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 1,1Difluorethane, or any derivative thereof.
The Commissions 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 1,1Difluoroethane, 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 1,1Difluoroethane used in duster aerosol products is inhaled from the can commonly called huffing, intoxication occurs rapidly, yet is very short-lived 4

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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 firsttime 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 3040 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: DEATHThis 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 1051.9a.
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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