81 FR 60298 - Petition To Amend Statement of Interpretation and Enforcement Policy Regarding Labeling of Household Products Containing Methylene Chloride; Request for Comments
CONSUMER PRODUCT SAFETY COMMISSION Federal Register Volume 81, Issue 170 (September 1, 2016)
Federal Register Volume 81, Issue 170 (September 1, 2016)
| Page Range | 60298-60299 | |
| FR Document | 2016-20928 |
[Federal Register Volume 81, Number 170 (Thursday, September 1, 2016)] [Proposed Rules] [Pages 60298-60299] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-20928] ======================================================================= ----------------------------------------------------------------------- CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Chapter II [Docket No. CPSC-2016-0019] Petition To Amend Statement of Interpretation and Enforcement Policy Regarding Labeling of Household Products Containing Methylene Chloride; Request for Comments AGENCY: Consumer Product Safety Commission. ACTION: Notice of petition. ----------------------------------------------------------------------- SUMMARY: The United States Consumer Product Safety Commission (CPSC or Commission) received a petition requesting that the Commission amend the agency's 1987 Statement of Interpretation and Enforcement Policy regarding labeling of household products containing methylene chloride (Policy Statement). The petition asks the Commission to expand the Policy Statement to address acute hazards from inhalation of methylene chloride vapors in addition to the chronic hazards addressed by the current Policy Statement. The Commission invites written comments concerning the petition. DATES: The Office of the Secretary must receive comments on the petition by October 31, 2016. ADDRESSES: You may submit comments, identified by Docket No. CPSC-2016- 0019, by any of the following methods: Electronic Submissions: Submit electronic comments to the Federal eRulemaking Portal at: http://www.regulations.gov. Follow the instructions for submitting comments. The Commission does not accept comments submitted by electronic mail (email), except through www.regulations.gov. The Commission encourages you to submit electronic comments by using the Federal eRulemaking Portal, as described above. Written Submissions: Submit written submissions by mail/hand delivery/courier to: Office of the Secretary, Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 504-7923. Instructions: All submissions received must include the agency name and docket number for this proposed rulemaking. All comments received may be posted without change, including any personal identifiers, contact information, or other personal information provided, to: http://www.regulations.gov. Do not submit confidential business information, trade secret information, or other sensitive or protected information that you do not want to be available to the public. If furnished at all, such information should be submitted in writing. Docket: For access to the docket to read background documents or comments received, go to: http://www.regulations.gov, and insert the docket number, CPSC-2016-0019, into the ``Search'' box, and follow the prompts. A copy of the petition is available at http://www.regulations.gov under Docket No. CPSC-2016-0019, Supporting and Related Materials. [[Page 60299]] FOR FURTHER INFORMATION CONTACT: Todd Stevenson, Office of the Secretary, U.S. Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 504-6833. SUPPLEMENTARY INFORMATION: The Commission received a petition from the Halogenated Solvents Industry Alliance, Inc. (Petitioner) requesting that the Commission amend the agency's Statement of Interpretation and Enforcement Policy regarding labeling of household products containing methylene chloride (Policy Statement). The Policy Statement provides the Commission's guidance for labeling of household products containing methylene chloride, focusing particularly on paint strippers. 52 FR 34698 (Sep. 14, 1987). The Policy Statement sets forth general principles and examples for labeling to warn consumers of potential cancer hazards; it does not address acute hazards. The Petitioner asks the Commission to expand the Policy Statement to address acute hazards from inhalation of methylene chloride vapors. Petitioner notes that the Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH) issued a Hazard Alert identifying at least 14 deaths associated with use of methylene chloride-containing paint strippers by professional bathtub refinishing operations (https://www.osha.gov/dts/hazardalerts/methylene_chloride_hazard_alert.html). Although the Petitioner refers to incidents involving workers, as the Commission's Policy Statement indicates, methylene chloride paint strippers are household products available for consumers to purchase and use. Petitioner asserts that revising the Policy Statement to give specific guidance on labeling for the acute hazard posed by inhalation of methylene chloride vapors, particularly when used in an enclosed space, such as when refinishing bathtubs, would help to prevent future fatalities. By this notice, the Commission seeks comments concerning this petition. Interested parties may obtain a copy of the petition from the Commission's Web site: http://www.cpsc.gov/Regulations-Laws--Standards/Rulemaking/Petitions/ or by writing or calling the Office of the Secretary, U.S. Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 504-7923. A copy of the petition is also available for viewing under ``Supporting and Related Materials'' in: www.regulations.gov, under Docket No. CPSC- 2016-0019 . Dated: August 2, 2016. Todd A. Stevenson, Secretary, U.S. Consumer Product Safety Commission. [FR Doc. 2016-20928 Filed 8-31-16; 8:45 am] BILLING CODE 6355-01-P
![60298 Federal Register / Vol. 81, No. 170 / Thursday, September 1, 2016 / Proposed Rules
Privacy Act protections to all proceedings there under; and national ACTION: Notice of petition.
individuals when systems of records security and intelligence activities. The DHS/
maintain information on U.S. citizens, CBP–022 Electronic Visa Update System SUMMARY: The United States Consumer
lawful permanent residents, and (EVUS) System of Records contains Product Safety Commission (CPSC or
information that is collected by, on behalf of, Commission) received a petition
visitors. DHS is claiming exemptions in support of, or in cooperation with DHS
from certain requirements of the Privacy requesting that the Commission amend
and its components and may contain the agency’s 1987 Statement of
Act for DHS/CBP–022 Electronic Visa personally identifiable information collected
Update System (EVUS) System of Interpretation and Enforcement Policy
by other Federal, State, local, tribal, foreign,
Records. Some information in DHS/ or international government agencies. The
regarding labeling of household
CBP–022 Electronic Visa Update System Secretary of Homeland Security, pursuant to products containing methylene chloride
(EVUS) System of Records relates to 5 U.S.C. 552a(j)(2), has exempted this system (Policy Statement). The petition asks the
from the following provisions of the Privacy Commission to expand the Policy
official DHS national security, law
Act: 5 U.S.C. 552a(c)(3), (e)(8), and (g). Statement to address acute hazards from
enforcement, immigration, and
Additionally, the Secretary of Homeland inhalation of methylene chloride vapors
intelligence activities. These Security, pursuant to 5 U.S.C. 552a(k)(2) has in addition to the chronic hazards
exemptions are needed to protect exempted this system from the following addressed by the current Policy
information relating to DHS activities provisions of the Privacy Act: 5 U.S.C. Statement. The Commission invites
from disclosure to subjects or others 552a(c)(3). Exemptions from these particular written comments concerning the
related to these activities. Specifically, subsections are justified, on a case-by-case
basis to be determined at the time a request
petition.
the exemptions are required to preclude
subjects of these activities from is made, for the following reasons: DATES: The Office of the Secretary must
frustrating these processes. Disclosure of (a) From subsection (c)(3) (Accounting for receive comments on the petition by
Disclosures) because release of the October 31, 2016.
information to the subject of the inquiry
accounting of disclosures could alert the ADDRESSES: You may submit comments,
could also permit the subject to avoid subject of an investigation of an actual or
detection or apprehension. potential criminal, civil, or regulatory
identified by Docket No. CPSC–2016–
In appropriate circumstances, when violation to the existence of that investigation 0019, by any of the following methods:
compliance would not appear to and reveal investigative interest on the part Electronic Submissions: Submit
interfere with or adversely affect the law of DHS as well as the recipient agency. electronic comments to the Federal
enforcement purposes of this system Disclosure of the accounting would therefore eRulemaking Portal at: http://
and the overall law enforcement present a serious impediment to law www.regulations.gov. Follow the
process, the applicable exemptions may enforcement efforts and/or efforts to preserve instructions for submitting comments.
be waived on a case by case basis. national security. Disclosure of the The Commission does not accept
A notice of system of records for DHS/ accounting would also permit the individual comments submitted by electronic mail
who is the subject of a record to impede the (email), except through
CBP–022 Electronic Visa Update System
investigation, to tamper with witnesses or
(EVUS) System of Records is also www.regulations.gov. The Commission
evidence, and to avoid detection or
published in this issue of the Federal apprehension, which would undermine the encourages you to submit electronic
Register. entire investigative process. comments by using the Federal
(b) From subsection (e)(8) (Notice on eRulemaking Portal, as described above.
List of Subjects in 6 CFR Part 5 Written Submissions: Submit written
Individuals) because compliance would
Freedom of information; Privacy. interfere with DHS’s ability to obtain, serve, submissions by mail/hand delivery/
For the reasons stated in the and issue subpoenas, warrants, and other law courier to: Office of the Secretary,
preamble, DHS proposes to amend enforcement mechanisms that may be filed Consumer Product Safety Commission,
chapter I of title 6, Code of Federal under seal and could result in disclosure of Room 820, 4330 East West Highway,
investigative techniques, procedures, and Bethesda, MD 20814; telephone (301)
Regulations, as follows: evidence. 504–7923.
(c) From subsection (g) (Civil Remedies) to Instructions: All submissions received
PART 5—DISCLOSURE OF RECORDS
the extent that the system is exempt from
AND INFORMATION other specific subsections of the Privacy Act.
must include the agency name and
docket number for this proposed
■ 1. The authority citation for part 5 Dated: August 29, 2016. rulemaking. All comments received may
continues to read as follows: Jonathan R. Cantor, be posted without change, including
Authority: Pub. L. 107–296, 116 Stat. 2135; Acting Chief Privacy Officer, Department of any personal identifiers, contact
(6 U.S.C. 101 et seq.); 5 U.S.C. 301. Subpart Homeland Security. information, or other personal
A also issued under 5 U.S.C. 552. Subpart B [FR Doc. 2016–21099 Filed 8–31–16; 8:45 am] information provided, to: http://
also issued under 5 U.S.C. 552a. BILLING CODE 9111–14–P www.regulations.gov. Do not submit
■ 2. In appendix C, add paragraph 74 to confidential business information, trade
read as follows: secret information, or other sensitive or
CONSUMER PRODUCT SAFETY protected information that you do not
Appendix C to Part 5—DHS Systems of want to be available to the public. If
Records Exempt From the Privacy Act COMMISSION
furnished at all, such information
* * * * * 16 CFR Chapter II should be submitted in writing.
74. The DHS/CBP–022 Electronic Visa Docket: For access to the docket to
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
Update System (EVUS) System of Records [Docket No. CPSC–2016–0019] read background documents or
consists of electronic and paper records and comments received, go to: http://
will be used by DHS and its components. The Petition To Amend Statement of
Interpretation and Enforcement Policy www.regulations.gov, and insert the
DHS/CBP–022 Electronic Visa Update docket number, CPSC–2016–0019, into
System (EVUS) System of Records is a Regarding Labeling of Household
repository of information held by DHS in Products Containing Methylene the ‘‘Search’’ box, and follow the
connection with its several and varied Chloride; Request for Comments prompts. A copy of the petition is
missions and functions, including, but not available at http://www.regulations.gov
limited to the enforcement of civil and AGENCY:Consumer Product Safety under Docket No. CPSC–2016–0019,
criminal laws; investigations, inquiries, and Commission. Supporting and Related Materials.
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![Federal Register / Vol. 81, No. 170 / Thursday, September 1, 2016 / Proposed Rules 60299
FOR FURTHER INFORMATION CONTACT: Dated: August 2, 2016. security check procedures will be
Todd Stevenson, Office of the Secretary, Todd A. Stevenson, performed. For parking and security
U.S. Consumer Product Safety Secretary, U.S. Consumer Product Safety information, please refer to http://
Commission, Room 820, 4330 East West Commission. www.fda.gov/AboutFDA/
Highway, Bethesda, MD 20814; [FR Doc. 2016–20928 Filed 8–31–16; 8:45 am] WorkingatFDA/BuildingsandFacilities/
telephone (301) 504–6833. BILLING CODE 6355–01–P WhiteOakCampusInformation/
SUPPLEMENTARY INFORMATION: The ucm241740.htm.
Commission received a petition from You may submit comments as
the Halogenated Solvents Industry DEPARTMENT OF HEALTH AND follows:
Alliance, Inc. (Petitioner) requesting HUMAN SERVICES Electronic Submissions
that the Commission amend the
Food and Drug Administration Submit electronic comments in the
agency’s Statement of Interpretation and
following way:
Enforcement Policy regarding labeling
21 CFR Part 15 • Federal eRulemaking Portal: http://
of household products containing
www.regulations.gov. Follow the
methylene chloride (Policy Statement). [Docket No. FDA–2016–N–1149] instructions for submitting comments.
The Policy Statement provides the
Comments submitted electronically,
Commission’s guidance for labeling of Manufacturer Communications including attachments, to http://
household products containing Regarding Unapproved Uses of www.regulations.gov will be posted to
methylene chloride, focusing Approved or Cleared Medical the docket unchanged. Because your
particularly on paint strippers. 52 FR Products; Public Hearing; Request for comment will be made public, you are
34698 (Sep. 14, 1987). The Policy Comments solely responsible for ensuring that your
Statement sets forth general principles
AGENCY: Food and Drug Administration, comment does not include any
and examples for labeling to warn
HHS. confidential information that you or a
consumers of potential cancer hazards;
ACTION: Notification of public hearing; third party may not wish to be posted,
it does not address acute hazards.
request for comments. such as medical information, your or
The Petitioner asks the Commission to
anyone else’s Social Security number, or
expand the Policy Statement to address
SUMMARY: The Food and Drug confidential business information, such
acute hazards from inhalation of
Administration (FDA or Agency) is as a manufacturing process. Please note
methylene chloride vapors. Petitioner
announcing a 2-day public hearing to that if you include your name, contact
notes that the Occupational Safety and
obtain input on issues related to information, or other information that
Health Administration (OSHA) and the
communications by manufacturers, identifies you in the body of your
National Institute for Occupational
packers, and distributors, including comments, that information will be
Safety and Health (NIOSH) issued a
their representatives (collectively posted on http://www.regulations.gov.
Hazard Alert identifying at least 14 • If you want to submit a comment
deaths associated with use of methylene ‘‘firms’’), regarding FDA-regulated drugs
and medical devices for humans, with confidential information that you
chloride-containing paint strippers by do not wish to be made available to the
professional bathtub refinishing including those that are licensed as
biological products, and animal drugs public, submit the comment as a
operations (https://www.osha.gov/dts/ written/paper submission and in the
hazardalerts/methylene_chloride_ (collectively, ‘‘medical products’’). FDA
is engaged in a comprehensive review of manner detailed (see ‘‘Written/Paper
hazard_alert.html). Although the Submissions’’ and ‘‘Instructions’’).
Petitioner refers to incidents involving its regulations and policies governing
workers, as the Commission’s Policy firms’ communications about Written/Paper Submissions
Statement indicates, methylene chloride unapproved uses of approved/cleared
medical products, and the input from Submit written/paper submissions as
paint strippers are household products follows:
this meeting will inform FDA’s policy
available for consumers to purchase and • Mail/Hand delivery/Courier (for
use. Petitioner asserts that revising the development in this area. FDA is
written/paper submissions): Division of
Policy Statement to give specific seeking input on a number of specific
Dockets Management (HFA–305), Food
guidance on labeling for the acute questions, but is interested in any other
and Drug Administration, 5630 Fishers
hazard posed by inhalation of pertinent information participants
Lane, Rm. 1061, Rockville, MD 20852.
methylene chloride vapors, particularly would like to share. • For written/paper comments
when used in an enclosed space, such DATES: The public hearing will be held submitted to the Division of Dockets
as when refinishing bathtubs, would on November 9 and 10, 2016, from 9 Management, FDA will post your
help to prevent future fatalities. a.m. to 5 p.m. The meeting may be comment, as well as any attachments,
By this notice, the Commission seeks extended or end early depending on the except for information submitted,
comments concerning this petition. level of public participation. Persons marked and identified, as confidential,
Interested parties may obtain a copy of seeking to attend or present at the if submitted as detailed in
the petition from the Commission’s Web public hearing must register by October ‘‘Instructions.’’
site: http://www.cpsc.gov/Regulations- 19, 2016. Electronic or written Instructions: All submissions received
Laws--Standards/Rulemaking/Petitions/ comments will be accepted after the must include the Docket No. FDA–
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
or by writing or calling the Office of the public hearing until January 9, 2017. 2016–N–1149 for ‘‘Manufacturer
Secretary, U.S. Consumer Product ADDRESSES: The public hearing will be Communications Regarding
Safety Commission, Room 820, 4330 held at the FDA White Oak Campus, Unapproved Uses of Approved or
East West Highway, Bethesda, MD 10903 New Hampshire Ave., Bldg. 31 Cleared Medical Products; Public
20814; telephone (301) 504–7923. A Conference Center, the Great Room (Rm. Hearing; Request for Comments.’’
copy of the petition is also available for 1503), Silver Spring, MD 20993–0002. Received comments will be placed in
viewing under ‘‘Supporting and Related Entrance for the public meeting the docket and, except for those
Materials’’ in: www.regulations.gov, participants (non-FDA employees) is submitted as ‘‘Confidential
under Docket No. CPSC–2016–0019 . through Building 1 where routine Submissions,’’ publicly viewable at
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Document Created: 2018-02-09 11:57:21
Document Modified: 2018-02-09 11:57:21
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of petition. | |
| Dates | The Office of the Secretary must receive comments on the petition by October 31, 2016. | |
| Contact | Todd Stevenson, Office of the Secretary, U.S. Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 504-6833. | |
| FR Citation | 81 FR 60298 |
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