Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Proposed Rules 34171 

1The 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: 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, 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 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 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). 


lotter on DSK11XQN23PROD with PROPOSALS1
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/s3fspublic/Petition-from-Families-UnitedAgainst-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) openwater 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. 


lotter on DSK11XQN23PROD with PROPOSALS1