83_FR_12309 83 FR 12254 - Labeling of Certain Household Products Containing Methylene Chloride; Supplemental Guidance

83 FR 12254 - Labeling of Certain Household Products Containing Methylene Chloride; Supplemental Guidance

CONSUMER PRODUCT SAFETY COMMISSION

Federal Register Volume 83, Issue 55 (March 21, 2018)

Page Range12254-12259
FR Document2018-05580

The Halogenated Solvents Industry Alliance petitioned the Consumer Product Safety Commission to amend its 1987 policy statement regarding the labeling of certain products containing methylene chloride to address acute hazards from inhaling methylene chloride vapors in addition to the chronic hazards addressed in the policy statement. In this document, the Commission updates the 1987 policy statement to provide guidance regarding the labeling to warn of acute hazards associated with paint strippers containing methylene chloride.

Federal Register, Volume 83 Issue 55 (Wednesday, March 21, 2018)
[Federal Register Volume 83, Number 55 (Wednesday, March 21, 2018)]
[Rules and Regulations]
[Pages 12254-12259]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05580]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Chapter II

[Docket No. CPSC-2016-2019]


Labeling of Certain Household Products Containing Methylene 
Chloride; Supplemental Guidance

AGENCY: Consumer Product Safety Commission.

ACTION: Guidance.

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SUMMARY: The Halogenated Solvents Industry Alliance petitioned the 
Consumer Product Safety Commission to amend its 1987 policy statement 
regarding the labeling of certain products containing methylene 
chloride to address acute hazards from inhaling methylene chloride 
vapors in addition to the chronic hazards addressed in the policy 
statement. In this document, the Commission updates the 1987 policy 
statement to provide guidance regarding the labeling to warn of acute 
hazards associated with paint strippers containing methylene chloride.

DATES: This guidance document becomes applicable on March 21, 2018.

FOR FURTHER INFORMATION CONTACT: Carol Afflerbach, Office of Compliance 
and Field Operations, U.S. Consumer Product Safety Commission; 4330 
East-West Highway, Bethesda, MD 20814; email: cafflerbach@cpsc.gov; 
telephone: (301) 504-7529.

SUPPLEMENTARY INFORMATION:

I. Background

    In 1987, the U.S. Consumer Product Safety Commission (CPSC or 
Commission) issued a Statement of Interpretation and Enforcement Policy 
regarding the labeling of certain household products containing 
methylene chloride (1987 Statement), 52 FR 34698 (Sept. 14, 1987). The 
1987 Statement noted that the Commission considers certain household 
products containing methylene chloride (DCM) to be ``hazardous 
substances'' under the FHSA and may pose a risk of carcinogenicity. The 
1987 Statement identified several categories of products that contained 
methylene chloride that could expose consumers to significant amounts 
of methylene chloride vapor, and were thus hazardous substances. Paint 
strippers were one of these product categories. The 1987 Statement 
advised manufacturers of the FHSA's labeling requirements and provided 
guidance for labeling those products, including paint strippers, to 
warn of the cancer risk from inhaling methylene chloride vapor.
    On July 7, 2016, the Halogenated Solvents Industry Alliance (HSIA 
or petitioner) petitioned the CPSC to amend its 1987 Statement to 
recognize the acute hazard posed by using household products containing 
DCM in enclosed spaces with inadequate ventilation. The petitioner 
stated that using household products containing DCM in bathrooms, or 
other enclosed spaces, with inadequate ventilation can be dangerous. 
When consumers use methylene chloride to strip coatings from bathtubs, 
they often spray or pour a bathtub stripping product into the basin of 
the bathtub and then brush the product onto the tub surface. Many of 
these stripping products contain substantial amounts of methylene 
chloride. According to the petitioner, methylene chloride is a volatile 
organic compound that will evaporate quickly when sprayed, brushed, or 
poured, so that its vapor can quickly build up in small spaces. The 
petitioner stated that DCM has a high vapor pressure, which causes 
vapors to collect in the bottom of a bathtub and in a consumer's 
breathing zone when working in a bathtub. This situation can create 
dangerously high concentrations of DCM, and in some cases, replace the 
breathable air. The petitioner asked the Commission to expand the 
cautionary labeling guidance so that it also warns of the threat of 
asphyxiation if DCM-based paint strippers are used in an enclosed 
space.
    CPSC staff prepared a briefing package in response to the petition 
and submitted the package to the Commission on May 26, 2017. On June 2, 
2017, the Commission voted unanimously (5-0) to grant the petition (HP 
16-1) and directed CPSC staff to draft a policy statement that 
addresses labeling for acute hazards from inhaling methylene chloride 
vapors from paint strippers.

II. EPA Rulemaking

    The EPA has initiated rulemaking under section 6(a) of the Toxic 
Substances Control Act (TSCA) to address risks posed by DCM when used 
in paint and coating removal products. Specifically, EPA has issued a 
proposed rule that provides an assessment of the health hazards posed 
by DCM and that proposes to determine that DCM in these products 
presents an unreasonable risk of injury to health. Based on this 
determination, and after considering regulatory alternatives, EPA 
proposed to prohibit the manufacture (including import), processing, 
and distribution in commerce of DCM for all consumer and most 
commercial paint removal products, and to prohibit commercial use. 82 
FR 7464 (Jan. 19, 2017). EPA's rulemaking would address both consumer 
and worker exposures to DCM used for paint and coating removal. While 
developing its rulemaking, EPA consulted with CPSC staff. Under EPA's 
rulemaking (if finalized as proposed), paint and coating removal 
products containing DCM would no longer be on the market for consumers 
or commercial workers, except in limited circumstances. To date, EPA 
has not finalized its rulemaking. Accordingly,

[[Page 12255]]

the Commission believes that updating CPSC's 1987 Statement would 
provide more immediate guidance and clarity to industry and consumers 
regarding the acute hazards associated with using DCM-containing paint 
strippers while those products remain on the market. By updating the 
1987 Statement, we do not suggest that labeling will address all 
hazards EPA identified in its proposed rulemaking.

III. Federal Hazardous Substances Act (FHSA) Labeling Requirements

    The CPSC regulates hazardous household substances under the FHSA, 
15 U.S.C. 1261-1276. Section 2(p)(1) of the FHSA, 15 U.S.C. 1261(p)(1), 
requires that a hazardous substance bear certain cautionary statements 
on its label in a prominent and conspicuous manner so that consumers 
can safely use and store the product in and around the household. A 
product is a ``hazardous substance'' under the FHSA if the substance or 
a mixture of substances is toxic, corrosive, an irritant, a strong 
sensitizer, is flammable or combustible, or generates pressure through 
decomposition, heat, or other means, and if the substance or mixture of 
substances may cause substantial personal injury or substantial illness 
during customary or reasonably foreseeable handling or use, including 
reasonably foreseeable ingestion by children.
    The FHSA defines ``toxic'' as ``any substance . . . which has the 
capacity to produce personal injury or illness to man through 
ingestion, inhalation, or absorption through any body surface.'' 15 
U.S.C. 1261(g). The Commission has issued a regulation at 16 CFR 
1500.3(c), which supplements the statutory definition of ``toxic'' 
based on the outcome of any of the approved test methods described in 
CPSC's animal testing policy set forth at 16 CFR 1500.232. This 
definition also includes chronic toxicity and states that a substance 
is toxic if it presents a chronic hazard, if it is a known or probable 
human carcinogen, neurotoxin, or developmental or reproductive 
toxicant.
    Under the FHSA, an article that is intended, or packaged in a form 
suitable for household use and meets the definition of ``hazardous 
substance'' is a ``misbranded hazardous substance'' unless its 
packaging or labeling warns of the hazard in accordance with the 
requirements of section 2(p). 15 U.S.C. 1261(p). Thus, cautionary 
statements are required for household substances meeting the definition 
of ``hazardous substance'' under the FHSA, whether the hazard is acute 
or chronic.

IV. Staff's Review of Toxicity and Incident Data

A. Acute Toxicity Data

    CPSC staff reviewed relevant data to evaluate the acute toxicity 
risk to consumers from using DCM-containing products in residential 
settings. Staff's petition briefing package provided detailed 
information about staff's review. (https://www.cpsc.gov/s3fs-public/RCA%20-%20Petition%20HP%2016-1%20Labeling%20of%20Household%20Products%20Containing%20Methylene%20Chloride%20082316.pdf).
    DCM is a highly volatile, colorless, organic substance used as a 
solvent in a variety of consumer and commercial products, including 
paint strippers, adhesives and adhesive removers, spray paint, spray 
shoe polish, and cleaners. DCM's high volatility makes inhalation its 
primary route of exposure.\1\ The acute toxicity risks for consumers 
using DCM-based products in residential settings range from upper 
respiratory, ocular and dermal irritation, to severe effects, such as 
respiratory suppression, loss of consciousness, and death.\2\ Both 
consumer and worker deaths have been attributed to scenarios where the 
individuals were working alone in an enclosed and/or poorly ventilated 
space (e.g., bathrooms, basements, sheds) without respiratory 
protection. The toxic effects are from DCM as well as carbon monoxide 
(CO), which is a metabolite of DCM. Bystanders are also at risk of 
acute health effects while in the home when paint strippers and similar 
DCM-based products are being applied.\3\
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    \1\ ATSDR. 2000a. TOXICOLOGICAL PROFILE FOR METHYLENE CHLORIDE. 
3.13; CDC. 2012. Fatal Exposure to Methylene Chloride Among Bathtub 
Refinishers--United States, 2000-2011. MMWR. 61:4; EPA. 2014. TSCA 
Work Plan Chemical Risk Assessment Methylene Chloride: Paint 
Stripping Use. EPA Document #740-R1-4003. August 2014:279.
    \2\ EPA. 2009. INTERIM ACUTE EXPOSURE GUIDELINE LEVELS (AEGLs) 
for METHYLENE CHLORIDE. Interim 1: 12/2008:110.
    \3\ EPA, 2014.
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    The primary route of exposure for DCM is inhalation; however, DCM 
can readily be absorbed through dermal (skin) contact as well. To 
protect against skin absorption, butyl rubber or polyvinyl alcohol 
gloves must be worn because latex gloves will not protect against skin 
absorption.\4\ DCM should only be used in a well-ventilated area. In 
2013, CPSC staff developed a pamphlet concerning paint strippers which 
provides guidance to consumers on ventilation practices when they use 
DCM-containing paint strippers. The CPSC pamphlet recommends that 
paint-stripping work be done professionally if the work area has low-
ventilation conditions.\5\ The U.S. Department of Labor's Occupational 
Safety and Health Administration (OSHA) indicates in its hazard alerts 
that bathroom fans and/or open windows do not provide adequate 
ventilation when using these paint strippers in an enclosed space, such 
as a bathroom.\6\ Inhalation exposure to as little as six ounces is 
sufficient to cause death.\7\ While working with DCM, consumers and 
workers must use respiratory protective equipment, such as tight-
fitting, full-face, self-contained supplied-air respirators or gas 
masks with vapor canisters, to reduce exposure.\8\ Because DCM vapors 
are heavier than air, they can remain in the work area and become very 
hazardous to users. For example, if using a DCM-containing paint 
stripper to renovate a bathtub, inhalation exposure could occur due to 
the vapors remaining in the bathtub after application.\9\ This exposure 
may lead to death if proper precautions, such as protective equipment 
and ventilation, are not used.\10\ To obtain adequate ventilation, use 
a qualified occupational health and safety specialist to assist in 
designing and installing local exhaust ventilation to effectively 
control vapors to below applicable personal exposure levels.
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    \4\ CDC, 2012. CPSC. 1987b. Statement of Policy for Methylene 
Chloride. FindLaw; IRIS, 2011.
    \5\ CPSC, 2013. What You Should Know About Using Paint 
Strippers. 423.
    \6\ OSHA, 2013. Hazard Alert. ``Methylene Chloride Hazards for 
Bathtub Refinishers''; OSHA, 2016. FATAL Facts, Ho. 13-2016, 
``Lethal Exposure to Methylene Chloride during Bathtub 
Refinishing.''
    \7\ OSHA, 2013.
    \8\ OSHA DCM regulations, 29 CFR 1910.1052, require employers to 
supply employees with respirators, and require employees to use the 
respirator when exposures are likely to exceed the regulatory 
limits.
    \9\ CDC, 2012.
    \10\ ATSDR, 2000b; CDC, 2012; EPA, 2014.
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B. Incident Data

    Staff searched CPSC databases for information about incidents 
reported to CPSC associated with DCM-based paint strippers and other 
household products containing DCM. Staff also searched the Consumer 
Product Safety Risk Management System (CPSRMS) and the National 
Electronic Injury Surveillance System (NEISS).
    Between January 1, 2000 and November 30, 2017, there were 30 
incidents associated with household products containing or likely 
containing DCM reported to CPSC by December 5, 2017. The majority of 
the incidents (28) were associated with paint strippers; one incident 
was associated with an unspecified solvent; and one incident

[[Page 12256]]

was associated with a sealant. The incident reports mentioned fumes, 
inhalations, skin and lung irritation, leaking, and spilling. Based on 
information provided by consumers, 17 incidents were associated with 
DCM-based household products (the incidents either mentioned DCM or 
provided the product SKU# that allowed CPSC staff to identify a DCM-
based product). Thirteen incident reports named paint strippers 
containing DCM.\11\ CPSC staff determined that these incidents are 
likely associated with DCM-based paint strippers. Among the 30 reported 
incidents, there were 6 fatalities, 1 hospital admission, 1 emergency 
department visit, 15 injuries/adverse health problems, 4 non-injury 
incidents, and 3 incidents without enough information to determine 
whether an injury occurred.
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    \11\ California Department of Public Health, ``Guide to choosing 
paint stripping products: Safety considerations'' http://www.cdph.ca.gov/programs/hesis/Documents/Paint-Removal-Methods.pdf.
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    CPSC staff is aware of six deaths involving DCM-based products \12\ 
that occurred between January 1, 2000, and November 30, 2017. The 
victims were males between 45 and 80 years old. In most of the cases (5 
deaths), CPSC staff was not able determine whether the incidents were 
associated with a consumer or a worker. These fatal incidents are 
described in more detail in the petition briefing package. The 
Commission has since learned of an incident that occurred in October 
2017, in Charleston, SC, involving a paint stripper, which resulted in 
death from acute DCM and methanol toxicity. This case is still under 
investigation to determine whether it is a consumer or worker incident.
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    \12\ These DCM-based products included four paint removers, one 
unspecified solvent, and one sealer.
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    In 2002, a 64-year-old male fell into a tank of paint stripper at 
work. The paint stripper contained DCM. The cause of death was recorded 
as a cardiac arrest and respiratory toxicity. Although this case is a 
work-related incident, and therefore, not within CPSC's jurisdiction, 
the case, nonetheless, indicates the potential hazard of the product. 
Another incident that occurred in 2002 involved a 52-year-old male. He 
died as a consequence of inhaling fumes from a DCM-based solvent in a 
bathroom. In 2007, a 45-year-old male died after inhaling paint remover 
fumes during a bathroom renovation. The cause of death was determined 
to be asphyxia due to inhaling DCM. In 2013, an 80-year-old male died 
after inhaling DCM fumes while using a paint stripper in a shed. Also 
reported in 2013, a 50-year-old male died after inhaling DCM fumes 
while stripping an apartment's bathroom. In 2016, a 48-year-old male 
was sealing bathroom shower tiles with a DCM-based sealer in a 
bathroom. He died as a consequence of asphyxiation from exposure to 
toxic DCM fumes.

V. Labeling Paint Strippers Containing Methylene Chloride

    This section contains guidance on minimum recommendations for how 
the acute and chronic health risks of DCM use could be conveyed in the 
Principal Display Panel (PDP) and the back or other panel to 
effectively inform consumers and motivate their safe use of paint 
stripping products containing DCM.
    Currently, there are few suitable alternatives to DCM, and 
protective measures, such as moving products outdoors to apply the 
stripper can be inconvenient. Providing warning information does not 
prevent consumer exposure to hazards, but instead, relies upon 
persuading consumers to alter their behavior in some way to avoid the 
hazard. In addition, warnings research demonstrates that even small 
inconveniences to the consumer can have a substantial negative effect 
on behavioral compliance with a warning.\13\ Therefore, it is 
imperative that warning labels are formatted and contain information so 
that they are likely to be noticed, read, understood, and heeded.
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    \13\ Ayres T.J., Gross M.M., Wood C.T., Horst D.P, Beyer R.R., & 
Robinson J.N. (1989). What is a Warning and When Will it Work? 
Proceedings of the Human Factors Society Annual Meeting, 33. 426-
430; Riley, D.M. (2006). Beliefs, Attitudes, and Motivation. In M.S. 
Wogalter (Ed.), Handbook of Warnings (pp. 289-300). Mahwah, NJ: 
Lawrence Erlbaum Associates.
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A. General Principles of Warning Labels

1. Format of Warning Label
    Research has shown that warning information is more effective when 
it is conspicuous.\14\ Repetition with variation and consistent 
reinforcement can increase the effectiveness of messages.\15\ Strategic 
use of capitalization, bolding, underlining, and other forms of 
highlighting information can steer the consumer's attention to the most 
pertinent information by making it stand out from the surrounding 
text.\16\
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    \14\ Wogalter, M.S., DeJoy, D., & Laughery, K.R. (Eds.). (1999). 
Warnings and risk communication. Philadelphia, PA: Taylor & Francis.
    \15\ Food and Drug Administration. (2011). Communicating risks 
and benefits: An evidence-based user's guide (DHHS). B. Fischhoff, 
N.T. Brewer & J.S.Downs (Eds.).
    \16\ Wogalter, M.S., Conzola, V.C., & Smith-Jackson, T.L. 
(2002). Research-based guidelines for warning design and evaluation. 
Applied Ergonomics, 33, 219-230.
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2. Order of Safety Information
    Experts in the communication of safety information agree that 
associated hazards and symptoms should be mentioned from most-to-least 
severe.\17\ Research indicates that many consumers will only read as 
much of the safety information as they think they have to read and only 
if the rewards meet or exceed the efforts.\18\ If lesser hazards and 
symptoms of overexposure to DCM precede more severe hazards and 
symptoms on the label, then the consumer might stop reading the label 
before reaching the more severe hazards and symptoms. Mentioning 
lethality of vapor inhalation at the start raises the likelihood that 
the consumer is informed of the possibility of death. By highlighting 
the pertinent information and beginning with the risk of death, the 
warning information is more apt to prove to the consumer that the 
warning contains useful information, and is, thereby, more likely to be 
read in its entirety. Furthermore, the Commission believes that if 
lesser symptoms of overexposure were to precede more severe symptoms on 
the warning labels, then consumers may expect lesser symptoms to happen 
before more severe symptoms present, which may not be the case. For 
example, if consumers read that DCM inhalation can cause nausea and 
dizziness, before reading that DCM can cause death, consumers may 
infer, incorrectly, that they will not be killed by the product without 
first exhibiting nausea or dizziness. Presenting effects of 
overexposure from most to least severe, along with stating that 
symptoms may not be noticeable, helps to dispel the false expectation 
that the way the consumer is using the DCM-containing paint stripper is 
safe, or that the consumer can use it in an unsafe manner, until s/he 
notices lesser symptoms of overexposure.
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    \17\ Wogalter et al., 1999.
    \18\ Robinson, 2009; Schriver, 1997.
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3. Warning Label Comprehension
    It is important for warning information not only to be noticed and 
read, but also understood. Warnings should be free of ambiguity to 
better ensure that the intended message is received and not easily 
misinterpreted.\19\ For example, the phrase ``adequate ventilation'' is 
ambiguous and can encourage inappropriate methods of circumvention; 
from ``adequate ventilation'' the consumer may infer that any addition 
of ventilation to the application area, such as opening a window, will 
be sufficient to make the

[[Page 12257]]

product safe for indoor use. Such an inference can lead to overexposure 
to DCM-containing vapors, potentially resulting in death. Similarly, 
unclear wording, such as, ``use in enclosed areas may kill you,'' 
carries the risk of being misread as simply, ``use in enclosed areas,'' 
because the word ``use'' in this context can be read as a verb, such as 
``use this product,'' rather than read as a noun, such as ``use of this 
product,'' and because the consumer may stop reading the statement 
before reaching ``may kill you.''
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    \19\ Wogalter et al., 1999.
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    To increase the likelihood of consumers heeding a warning despite 
inconveniences imposed by necessary precautions, the phrasing of 
warning information should be vivid and relatable.\20\ The Commission 
recommends using the phrase ``can kill you,'' as opposed to wording 
like: ``may cause death.'' These phrases have the same denotation; 
however, the impact on the reader can be different in meaningful ways. 
The Commission believes lethality is more salient with the statement 
``can kill you'' because it is more personalized, directing the hazard 
toward the user, rather than as a possibility for users, in general. 
Evidence suggests that emotional communications, especially those that 
are fear-based, can be used to increase risk perceptions and change 
behaviors; and stronger fear-arousing conditions may lead to greater 
message acceptance.\21\
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    \20\ Murray-Johnson, L., & Witte, K. (2003). Looking toward the 
future: Health message design strategies. In T.L. Thompson, A. 
Dorsey, K.I. Miller, & R. Parrot (Eds.), Handbook of health 
communication (pp.473-495). New York City, NY: Routledge.
    \21\ Food and Drug Administration, 2011.
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4. Effect of Consumer Experience With Product
    Warning information can be formatted in a way that is noticeable, 
more likely to be read, understood, and motivating, and yet remain 
unheeded. Research indicates that consumers who are familiar or 
experienced with a product are less likely to search for and comply 
with warnings.\22\ Paint strippers containing DCM have been around for 
decades, and incident data show that these products are sometimes 
applied indoors, such as in bathrooms, basements, and closets. The 
Commission believes that it is foreseeable that some consumers will 
continue to use these products indoors, despite warnings against using 
them in enclosed areas because of past incident-free experience with 
indoor use of stripping products containing DCM. Therefore, the 
Commission suggests including precautions for indoor use as well. 
However, because providing precautions for indoor use may mislead some 
consumers to believe it is safe to use DCM-based products indoors, the 
Commission recommends that the language and format of the safety 
information clarify that use in enclosed areas is dangerous, even with 
precautions, and should be avoided, if possible. The examples provided 
specify that indoor use is dangerous, and they employ repetition and 
capitalization to reinforce the point that paint-stripping products 
containing DCM should be used outdoors in open air areas.
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    \22\ Wogalter et al., 1999.
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B. Principal Display Panel (PDP) Minimum Labeling Recommendations

    This section provides recommendations for labeling paint stripping 
products that contain methylene chloride. The following minimum 
labeling recommendations for the PDP meet the requirements of the FHSA. 
There are wide variations in the concentrations of methylene chloride 
in paint strippers. The precise labeling used may vary based on DCM 
concentration, anticipated duration of exposure, and other associated 
hazards.
    The labels for all products subject to the FHSA are expected to 
comply with the requirements for prominence, placement, and 
conspicuousness of labeling required by section 2(p)(1) of the FHSA. 
The FHSA provides that required labeling statements may be placed on 
the PDP, or front panel, on the immediate container, and, if 
appropriate, on any other container or wrapper. The appropriate signal 
word (i.e., ``DANGER,'' ``WARNING,'' or ``CAUTION) and the statement of 
principal hazard[s] are required to be on the PDP. The other items of 
required labeling may be placed on some other display panel on the 
container, provided that the front panel contains the statement: ``Read 
carefully other cautions on the [other display] panel,'' or its 
practical equivalent.
     The Commission recommends ``WARNING'' as the signal word 
for the label. Given cases of lethal exposure to DCM in household 
products, the Commission considered the signal word ``DANGER''; 
however, the current DCM toxicity data do not meet the FHSA definition 
of ``highly toxic,'' which is required for use of the the signal word 
``DANGER.''
     When providing affirmative statements of all principal 
hazards, the Commission recommends stating: ``INHALATION OF VAPOR VERY 
HARMFUL,'' followed by: ``VAPOR CAN KILL YOU IN ENCLOSED AREAS.''
Example From 1987 Statement of Cautionary Labeling To Be Included on 
the PDP \23\
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    \23\ Given the previously limited data on the acute toxicity of 
overexposure to DCM, the Commission believed this labeling to meet, 
and in certain respects exceed, the minimum requirements of section 
2(p)(1) of the FHSA.
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    In 1987, the Steering Committee for Methylene Chloride, a group of 
industry and consumer-interest representatives working with Commission 
staff, recommended the following labeling for the PDP for products, 
such as some paint strippers that contain high percentages of DCM:

CAUTION: Vapor Harmful, Read Other Cautions and HEALTH HAZARD 
INFORMATION on Back Panel

    In the 1987 Statement, the Commission presented this labeling for 
the PDP as an example that would meet or exceed the minimum 
requirements of the FHSA.
Updated Example of Cautionary Labeling
    In recognition of updated data on acute health risks of DCM use, 
the Commission recommends replacing the 1987 example of cautionary 
labeling to be included on the PDP with the information and format 
below:

WARNING: INHALATION OF VAPOR VERY HARMFUL VAPOR CAN KILL YOU IN 
ENCLOSED AREAS EYE AND SKIN IRRITANT. Read All Cautions on Back/Side 
Panel.

    The format in the updated PDP example uses capital letters, 
repetition, and personalized language to draw attention to the most 
severe hazard: Death from inhalation of vapor in enclosed areas. The 
repetition of ``vapor'' between the first and second lines aids in 
communicating the source and medium by which the hazard presents 
itself. The inclusion of ``vapor very harmful'' satisfies the 
declaration of both the acute and the chronic hazard. When a chronic 
hazard exists, the additional risk of cancer should be included on the 
back or other panel, as appropriate under the FHSA. The last line 
directs the consumer to the back or other panel, which provides 
detailed precautionary information.

C. Back or Other Panel

1. Back or Other Panel Minimum Labeling Recommendations
    The Commission recommends the following information and formatting 
for the back or other panel of paint stripping products containing DCM.

[[Page 12258]]

These recommendations cover both acute and chronic hazards. Again, the 
statements may vary based on the concentration of DCM, anticipated 
duration of exposure, and other associated hazards.
     The Commission recommends use of ``WARNING'' as the signal 
word for the label.
     The Commission recommends beginning the precautionary 
information by stating, in all capital letters, the lethality of vapor 
inhalation and not to use the product in enclosed areas.
     The FHSA requires disclosure of all principal hazards. The 
Commission recommends disclosing the acute and chronic hazards from 
most-to-least severe. Similarly, when symptoms are mentioned, the 
Commission recommends it would be most effective to state symptoms from 
most-to-least severe.
     Because overexposure to DCM may be sudden and can inhibit 
the user's capability to notice and react to the effects, the 
Commission recommends indicating in all capital letters that symptoms 
may not be noticeable.
     The Commission recommends separating precautionary 
statements by bullet points, if paragraph formatting is used, to aid 
visual distinction between precautions.\24\
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    \24\ See the ``Recommended Language Approved by Ad Hoc Task 
Group, Revision C'' document dated November 10, 2017, published in 
the ``Committee Documents'' section of the Committee F15 ASTM 
website.
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     The Commission believes it will be helpful to provide 
specific examples of spaces in which the product should not be used, 
beginning with bathrooms, basements, and closets because these 
locations are particularly dangerous and have been cited in incident 
data.
     When indicating precautions to be taken, the Commission 
recommends stating in all capital letters that the product should be 
used outdoors in an open-air area.
     The Commission recommends including precautionary 
information for indoor use, accompanied by language stating that indoor 
use is dangerous even when precautions are taken.
     The Commission recommends prohibiting foreseeable 
inappropriate actions, such as use of a dust mask to provide protection 
against vapors.\25\
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    \25\ A dust mask does not provide effective protection against 
overexposure to vapors containing DCM.
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     When providing instructions for first-aid, the Commission 
recommends listing in order of the likelihood of occurrence, the types 
of exposures and placing each exposure route on a separate line to aid 
DCM users in an urgent situation.
2. Example of Updated Safety Information To Be Included on the Back or 
Other Panel
    In recognition of updated data on acute health risks of DCM use, 
the Commission recommends replacing the 1987 example of labeling to be 
included on the back or other panel, with the information and format 
below:

    WARNING Contains Methylene Chloride. INHALATION OF VAPOR CAN 
KILL YOU. DO NOT USE IN ENCLOSED AREAS, such as bathrooms, 
basements, or closets. SYMPTOMS MAY NOT BE NOTICEABLE. [ssquf] Avoid 
contact with eyes or skin, as severe irritation can occur. [ssquf] 
Methylene Chloride may cause cancer. [ssquf] The risk to your health 
depends on the level and duration of exposure. [ssquf] Keep out of 
the reach of children.
    SAFETY DIRECTIONS: [ssquf] USE OUTDOORS IN AN OPEN AIR AREA. It 
is dangerous to use this product indoors. [ssquf] If you must use 
indoors, cross-ventilate work area by opening all windows and doors 
and circulating fresh air through the work area to reduce vapor 
accumulation. [ssquf] Always wear chemical-splash goggles and 
chemical-resistant gloves when handling this product. [ssquf] A dust 
mask does not provide protection against the vapors.
    FIRST-AID:
     INHALATION: First move person to fresh air. If not 
breathing, give artificial respiration. Call 911, or poison control 
center, or emergency room.
     EYE EXPOSURE: Immediately flush affected eye(s) with 
water. Call 911, or poison control center, or emergency room, as 
soon as possible.
     SKIN EXPOSURE: Immediately wash skin with soap and 
water. Avoid spreading material on unaffected skin. Remove 
contaminated clothing and shoes, and thoroughly clean before reuse. 
Contact medical professional for advice.
     IF SWALLOWED: IMMEDIATELY call 911, or poison control 
center, or emergency room. Do NOT induce vomiting, unless directed 
to do so by medical personnel. Never give anything by mouth to an 
unconscious person.

    In the preceding updated back or other panel example, the most 
important safety information is capitalized to attract the consumer's 
attention; i.e., if the consumer only reads the capitalized words, his/
her focus is drawn to the following information: Inhaling the vapor can 
be deadly; the product should not be used in enclosed areas; symptoms 
of overexposure may go unnoticed; and the product should be used 
outdoors. Bullet points are used to aid visual distinctions among 
precautions. The presentation of the hazards from most-to-least severe, 
coupled with the statement that symptoms may go unnoticed, helps to 
dismiss the false expectation that the consumer can wait for noticeable 
symptoms before taking appropriate precautions or escaping from a 
potentially lethal-use scenario. Steps for inhibiting vapor 
accumulation indoors are included in the back or other panel, 
subsequent to reiteration that household products containing DCM should 
be used outdoors and that indoor use is dangerous. The instructions for 
first-aid are adapted from OSHA's Chemical Database.\26\ The 
instructions are listed in order of the likelihood of exposure route 
per incident data. Types of exposure are capitalized and addressed on 
separate lines for ease of access to the information in a hurried 
state. The company's toll-free number is provided for consumers to seek 
more information about appropriate use and first-aid.
---------------------------------------------------------------------------

    \26\ OSHA Occupational Chemical Database for Methylene Chloride: 
https://www.osha.gov/chemicaldata/chemResult.html?recNo=572, 
accessed on December 8, 2017.
---------------------------------------------------------------------------

VI. Implementation of This Guidance

    In this update of the 1987 Statement, the Commission provides 
guidance to industry on determining the appropriate cautionary labeling 
for paint-stripping products that contain DCM. This guidance also 
provides examples of statements to convey the hazards associated with 
the product. This guidance does not set forth language for particular 
products; nor does it specify placement of this language. However, this 
document does provide guidance on the factors to consider in developing 
the cautionary statements, and it gives examples that satisfy the FHSA. 
The level of hazard varies, based on the formulation of the product, 
the concentration of DCM, and the customary and reasonably foreseeable 
use of the product. If a paint stripper containing methylene chloride 
does not appear to be labeled appropriately, Commission staff will 
provide guidance to firms and assist firms with labeling their 
products.
    Under the FHSA, manufacturers are responsible for determining 
whether their methylene chloride-containing products meet the 
definition of a ``hazardous substance,'' and bear the appropriate 
cautionary statements. This determination is based on the concentration 
of methylene chloride, the use of the product, and whether the product 
presents a significant exposure to methylene chloride vapor with 
customary and reasonably foreseeable use. This update of the 1987 
Statement provides guidance to manufacturers who must determine the 
appropriate labeling for their paint stripper products that contain 
methylene chloride. In any enforcement action, Commission staff would 
consider on a case-by-case basis

[[Page 12259]]

whether the product's labeling meets the requirements of the FHSA.

VII. Effect on State and Local Laws

    In general, the preemption language in section 18(b)(1)(A) of the 
FHSA provides that if a hazardous substance or its packaging is subject 
to a cautionary labeling requirement under the FHSA designed to protect 
against a risk of illness or injury associated with the substance, no 
State or political subdivision of a State may establish or continue in 
effect a cautionary labeling requirement applicable to a hazardous 
substance or packaging that is designed to protect against the same 
risk of illness or injury, unless the cautionary labeling requirement 
is identical to the labeling requirement under the FHSA. 15 U.S.C. 
1261n. As mentioned, this document provides guidance to industry. This 
guidance does not have binding legal force, does not constitute a rule, 
and thus, does not have preemptive effect. However, the underlying duty 
to label a hazardous household product arises from the FHSA. This 
underlying statutory obligation preempts state and local non-identical 
cautionary labeling requirements that are designed to protect against 
the same risk of injury or illness.

Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2018-05580 Filed 3-20-18; 8:45 am]
BILLING CODE 6355-01-P



                                              12254            Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Rules and Regulations

                                              smooth, appropriate to the phase of                     ACTION:   Guidance.                                   methylene chloride to strip coatings
                                              flight and type of maneuver, and not in                                                                       from bathtubs, they often spray or pour
                                              conflict with the ability of the pilot to               SUMMARY:   The Halogenated Solvents                   a bathtub stripping product into the
                                              satisfactorily change airplane flight                   Industry Alliance petitioned the                      basin of the bathtub and then brush the
                                              path, speed, or attitude as needed.                     Consumer Product Safety Commission                    product onto the tub surface. Many of
                                                 b. Limit values of protected flight                  to amend its 1987 policy statement                    these stripping products contain
                                              parameters (and if applicable, associated               regarding the labeling of certain                     substantial amounts of methylene
                                              warning thresholds) must be compatible                  products containing methylene chloride                chloride. According to the petitioner,
                                              with the following:                                     to address acute hazards from inhaling                methylene chloride is a volatile organic
                                                 i. Airplane structural limits,                       methylene chloride vapors in addition                 compound that will evaporate quickly
                                                 ii. Required safe and controllable                   to the chronic hazards addressed in the               when sprayed, brushed, or poured, so
                                              maneuvering of the airplane, and                        policy statement. In this document, the               that its vapor can quickly build up in
                                                 iii. Margins to critical conditions.                 Commission updates the 1987 policy                    small spaces. The petitioner stated that
                                              Unsafe flight characteristics/conditions                statement to provide guidance regarding               DCM has a high vapor pressure, which
                                              must not result if dynamic                              the labeling to warn of acute hazards                 causes vapors to collect in the bottom of
                                              maneuvering, airframe and system                        associated with paint strippers                       a bathtub and in a consumer’s breathing
                                              tolerances (both manufacturing and in-                  containing methylene chloride.                        zone when working in a bathtub. This
                                              service), and non-steady atmospheric                    DATES: This guidance document                         situation can create dangerously high
                                              conditions, in any appropriate                          becomes applicable on March 21, 2018.                 concentrations of DCM, and in some
                                              combination and phase of flight, can                    FOR FURTHER INFORMATION CONTACT:                      cases, replace the breathable air. The
                                              produce a limited flight parameter                      Carol Afflerbach, Office of Compliance                petitioner asked the Commission to
                                              beyond the nominal design-limit value.                  and Field Operations, U.S. Consumer                   expand the cautionary labeling guidance
                                                 c. The airplane must be responsive to                Product Safety Commission; 4330 East-                 so that it also warns of the threat of
                                              intentional dynamic maneuvering to                      West Highway, Bethesda, MD 20814;                     asphyxiation if DCM-based paint
                                              within a suitable range of the parameter                email: cafflerbach@cpsc.gov; telephone:               strippers are used in an enclosed space.
                                              limit. Dynamic characteristics such as                  (301) 504–7529.                                          CPSC staff prepared a briefing
                                              damping and overshoot must also be                                                                            package in response to the petition and
                                                                                                      SUPPLEMENTARY INFORMATION:                            submitted the package to the
                                              appropriate for the flight maneuver and
                                              limit parameter in question.                            I. Background                                         Commission on May 26, 2017. On June
                                                 d. When simultaneous envelope                                                                              2, 2017, the Commission voted
                                                                                                        In 1987, the U.S. Consumer Product                  unanimously (5–0) to grant the petition
                                              limiting is engaged, adverse coupling or                Safety Commission (CPSC or
                                              adverse priority must not result.                                                                             (HP 16–1) and directed CPSC staff to
                                                                                                      Commission) issued a Statement of                     draft a policy statement that addresses
                                              Failure States                                          Interpretation and Enforcement Policy                 labeling for acute hazards from inhaling
                                                                                                      regarding the labeling of certain                     methylene chloride vapors from paint
                                                 a. Electronic flight-control-system                  household products containing
                                              failures (including sensors) must not                                                                         strippers.
                                                                                                      methylene chloride (1987 Statement), 52
                                              result in a condition where a parameter                 FR 34698 (Sept. 14, 1987). The 1987                   II. EPA Rulemaking
                                              is limited to such a reduced value that                 Statement noted that the Commission                      The EPA has initiated rulemaking
                                              safe and controllable maneuvering is no                 considers certain household products                  under section 6(a) of the Toxic
                                              longer available.                                       containing methylene chloride (DCM) to                Substances Control Act (TSCA) to
                                                 b. The crew must be alerted by                       be ‘‘hazardous substances’’ under the                 address risks posed by DCM when used
                                              suitable means if any change in                         FHSA and may pose a risk of                           in paint and coating removal products.
                                              envelope limiting or maneuverability is                 carcinogenicity. The 1987 Statement                   Specifically, EPA has issued a proposed
                                              produced by single or multiple failures                 identified several categories of products             rule that provides an assessment of the
                                              of the electronic flight-control system                 that contained methylene chloride that                health hazards posed by DCM and that
                                              not shown to be extremely improbable.                   could expose consumers to significant                 proposes to determine that DCM in
                                                Issued in Des Moines, Washington, on                  amounts of methylene chloride vapor,                  these products presents an unreasonable
                                              March 15, 2018.                                         and were thus hazardous substances.                   risk of injury to health. Based on this
                                              Victor Wicklund,                                        Paint strippers were one of these                     determination, and after considering
                                              Manager, Transport Standards Branch, Policy             product categories. The 1987 Statement                regulatory alternatives, EPA proposed to
                                              and Innovation Division, Aircraft                       advised manufacturers of the FHSA’s                   prohibit the manufacture (including
                                              Certification Service.                                  labeling requirements and provided                    import), processing, and distribution in
                                              [FR Doc. 2018–05662 Filed 3–20–18; 8:45 am]             guidance for labeling those products,                 commerce of DCM for all consumer and
                                              BILLING CODE 4910–13–P                                  including paint strippers, to warn of the             most commercial paint removal
                                                                                                      cancer risk from inhaling methylene                   products, and to prohibit commercial
                                                                                                      chloride vapor.                                       use. 82 FR 7464 (Jan. 19, 2017). EPA’s
                                              CONSUMER PRODUCT SAFETY                                   On July 7, 2016, the Halogenated                    rulemaking would address both
                                              COMMISSION                                              Solvents Industry Alliance (HSIA or                   consumer and worker exposures to DCM
                                                                                                      petitioner) petitioned the CPSC to                    used for paint and coating removal.
                                              16 CFR Chapter II                                       amend its 1987 Statement to recognize                 While developing its rulemaking, EPA
                                                                                                      the acute hazard posed by using                       consulted with CPSC staff. Under EPA’s
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                                              [Docket No. CPSC–2016–2019]                             household products containing DCM in                  rulemaking (if finalized as proposed),
                                              Labeling of Certain Household                           enclosed spaces with inadequate                       paint and coating removal products
                                              Products Containing Methylene                           ventilation. The petitioner stated that               containing DCM would no longer be on
                                              Chloride; Supplemental Guidance                         using household products containing                   the market for consumers or commercial
                                                                                                      DCM in bathrooms, or other enclosed                   workers, except in limited
                                              AGENCY:Consumer Product Safety                          spaces, with inadequate ventilation can               circumstances. To date, EPA has not
                                              Commission.                                             be dangerous. When consumers use                      finalized its rulemaking. Accordingly,


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                                                               Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Rules and Regulations                                                12255

                                              the Commission believes that updating                   IV. Staff’s Review of Toxicity and                    DCM-containing paint strippers. The
                                              CPSC’s 1987 Statement would provide                     Incident Data                                         CPSC pamphlet recommends that paint-
                                              more immediate guidance and clarity to                                                                        stripping work be done professionally if
                                                                                                      A. Acute Toxicity Data
                                              industry and consumers regarding the                                                                          the work area has low-ventilation
                                              acute hazards associated with using                        CPSC staff reviewed relevant data to               conditions.5 The U.S. Department of
                                              DCM-containing paint strippers while                    evaluate the acute toxicity risk to                   Labor’s Occupational Safety and Health
                                              those products remain on the market. By                 consumers from using DCM-containing                   Administration (OSHA) indicates in its
                                              updating the 1987 Statement, we do not                  products in residential settings. Staff’s             hazard alerts that bathroom fans and/or
                                              suggest that labeling will address all                  petition briefing package provided                    open windows do not provide adequate
                                              hazards EPA identified in its proposed                  detailed information about staff’s                    ventilation when using these paint
                                              rulemaking.                                             review. (https://www.cpsc.gov/s3fs-                   strippers in an enclosed space, such as
                                                                                                      public/RCA%20-%20Petition                             a bathroom.6 Inhalation exposure to as
                                              III. Federal Hazardous Substances Act                   %20HP%2016-1%20Labeling%20of                          little as six ounces is sufficient to cause
                                              (FHSA) Labeling Requirements                            %20Household%20Products                               death.7 While working with DCM,
                                                 The CPSC regulates hazardous                         %20Containing%20Methylene                             consumers and workers must use
                                              household substances under the FHSA,                    %20Chloride%20082316.pdf).                            respiratory protective equipment, such
                                              15 U.S.C. 1261–1276. Section 2(p)(1) of                    DCM is a highly volatile, colorless,               as tight-fitting, full-face, self-contained
                                              the FHSA, 15 U.S.C. 1261(p)(1), requires                organic substance used as a solvent in                supplied-air respirators or gas masks
                                              that a hazardous substance bear certain                 a variety of consumer and commercial                  with vapor canisters, to reduce
                                              cautionary statements on its label in a                 products, including paint strippers,                  exposure.8 Because DCM vapors are
                                              prominent and conspicuous manner so                     adhesives and adhesive removers, spray                heavier than air, they can remain in the
                                              that consumers can safely use and store                 paint, spray shoe polish, and cleaners.               work area and become very hazardous
                                              the product in and around the                           DCM’s high volatility makes inhalation                to users. For example, if using a DCM-
                                              household. A product is a ‘‘hazardous                   its primary route of exposure.1 The                   containing paint stripper to renovate a
                                              substance’’ under the FHSA if the                       acute toxicity risks for consumers using              bathtub, inhalation exposure could
                                              substance or a mixture of substances is                 DCM-based products in residential                     occur due to the vapors remaining in the
                                              toxic, corrosive, an irritant, a strong                 settings range from upper respiratory,                bathtub after application.9 This
                                              sensitizer, is flammable or combustible,                ocular and dermal irritation, to severe               exposure may lead to death if proper
                                              or generates pressure through                           effects, such as respiratory suppression,             precautions, such as protective
                                              decomposition, heat, or other means,                    loss of consciousness, and death.2 Both               equipment and ventilation, are not
                                              and if the substance or mixture of                      consumer and worker deaths have been                  used.10 To obtain adequate ventilation,
                                              substances may cause substantial                        attributed to scenarios where the                     use a qualified occupational health and
                                              personal injury or substantial illness                  individuals were working alone in an                  safety specialist to assist in designing
                                              during customary or reasonably                          enclosed and/or poorly ventilated space               and installing local exhaust ventilation
                                              foreseeable handling or use, including                  (e.g., bathrooms, basements, sheds)                   to effectively control vapors to below
                                              reasonably foreseeable ingestion by                     without respiratory protection. The                   applicable personal exposure levels.
                                              children.                                               toxic effects are from DCM as well as
                                                                                                                                                            B. Incident Data
                                                                                                      carbon monoxide (CO), which is a
                                                 The FHSA defines ‘‘toxic’’ as ‘‘any                                                                           Staff searched CPSC databases for
                                                                                                      metabolite of DCM. Bystanders are also
                                              substance . . . which has the capacity                                                                        information about incidents reported to
                                                                                                      at risk of acute health effects while in
                                              to produce personal injury or illness to                                                                      CPSC associated with DCM-based paint
                                                                                                      the home when paint strippers and
                                              man through ingestion, inhalation, or                                                                         strippers and other household products
                                                                                                      similar DCM-based products are being
                                              absorption through any body surface.’’                                                                        containing DCM. Staff also searched the
                                                                                                      applied.3
                                              15 U.S.C. 1261(g). The Commission has                                                                         Consumer Product Safety Risk
                                                                                                         The primary route of exposure for
                                              issued a regulation at 16 CFR 1500.3(c),                                                                      Management System (CPSRMS) and the
                                                                                                      DCM is inhalation; however, DCM can
                                              which supplements the statutory                                                                               National Electronic Injury Surveillance
                                                                                                      readily be absorbed through dermal
                                              definition of ‘‘toxic’’ based on the                                                                          System (NEISS).
                                                                                                      (skin) contact as well. To protect against
                                              outcome of any of the approved test                                                                              Between January 1, 2000 and
                                                                                                      skin absorption, butyl rubber or
                                              methods described in CPSC’s animal                                                                            November 30, 2017, there were 30
                                                                                                      polyvinyl alcohol gloves must be worn
                                              testing policy set forth at 16 CFR                                                                            incidents associated with household
                                                                                                      because latex gloves will not protect
                                              1500.232. This definition also includes                                                                       products containing or likely containing
                                                                                                      against skin absorption.4 DCM should
                                              chronic toxicity and states that a                                                                            DCM reported to CPSC by December 5,
                                                                                                      only be used in a well-ventilated area.
                                              substance is toxic if it presents a chronic                                                                   2017. The majority of the incidents (28)
                                                                                                      In 2013, CPSC staff developed a
                                              hazard, if it is a known or probable                                                                          were associated with paint strippers;
                                                                                                      pamphlet concerning paint strippers
                                              human carcinogen, neurotoxin, or                                                                              one incident was associated with an
                                                                                                      which provides guidance to consumers
                                              developmental or reproductive toxicant.                                                                       unspecified solvent; and one incident
                                                                                                      on ventilation practices when they use
                                                 Under the FHSA, an article that is
                                              intended, or packaged in a form suitable                  1 ATSDR. 2000a. TOXICOLOGICAL PROFILE                 5 CPSC, 2013. What You Should Know About

                                              for household use and meets the                         FOR METHYLENE CHLORIDE. 3.13; CDC. 2012.              Using Paint Strippers. 423.
                                                                                                                                                              6 OSHA, 2013. Hazard Alert. ‘‘Methylene
                                              definition of ‘‘hazardous substance’’ is a              Fatal Exposure to Methylene Chloride Among
                                                                                                      Bathtub Refinishers—United States, 2000–2011.         Chloride Hazards for Bathtub Refinishers’’; OSHA,
                                              ‘‘misbranded hazardous substance’’                                                                            2016. FATAL Facts, Ho. 13–2016, ‘‘Lethal Exposure
                                                                                                      MMWR. 61:4; EPA. 2014. TSCA Work Plan
                                              unless its packaging or labeling warns of               Chemical Risk Assessment Methylene Chloride:          to Methylene Chloride during Bathtub Refinishing.’’
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                                              the hazard in accordance with the                       Paint Stripping Use. EPA Document #740–R1–4003.         7 OSHA, 2013.

                                              requirements of section 2(p). 15 U.S.C.                 August 2014:279.                                        8 OSHA DCM regulations, 29 CFR 1910.1052,
                                                                                                        2 EPA. 2009. INTERIM ACUTE EXPOSURE                 require employers to supply employees with
                                              1261(p). Thus, cautionary statements are
                                                                                                      GUIDELINE LEVELS (AEGLs) for METHYLENE                respirators, and require employees to use the
                                              required for household substances                       CHLORIDE. Interim 1: 12/2008:110.                     respirator when exposures are likely to exceed the
                                              meeting the definition of ‘‘hazardous                     3 EPA, 2014.                                        regulatory limits.
                                              substance’’ under the FHSA, whether                       4 CDC, 2012. CPSC. 1987b. Statement of Policy for     9 CDC, 2012.

                                              the hazard is acute or chronic.                         Methylene Chloride. FindLaw; IRIS, 2011.                10 ATSDR, 2000b; CDC, 2012; EPA, 2014.




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                                              12256            Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Rules and Regulations

                                              was associated with a sealant. The                      fumes while stripping an apartment’s                   2. Order of Safety Information
                                              incident reports mentioned fumes,                       bathroom. In 2016, a 48-year-old male                     Experts in the communication of
                                              inhalations, skin and lung irritation,                  was sealing bathroom shower tiles with                 safety information agree that associated
                                              leaking, and spilling. Based on                         a DCM-based sealer in a bathroom. He                   hazards and symptoms should be
                                              information provided by consumers, 17                   died as a consequence of asphyxiation                  mentioned from most-to-least severe.17
                                              incidents were associated with DCM-                     from exposure to toxic DCM fumes.                      Research indicates that many consumers
                                              based household products (the incidents                                                                        will only read as much of the safety
                                              either mentioned DCM or provided the                    V. Labeling Paint Strippers Containing
                                                                                                      Methylene Chloride                                     information as they think they have to
                                              product SKU# that allowed CPSC staff                                                                           read and only if the rewards meet or
                                              to identify a DCM-based product).                          This section contains guidance on                   exceed the efforts.18 If lesser hazards
                                              Thirteen incident reports named paint                   minimum recommendations for how the                    and symptoms of overexposure to DCM
                                              strippers containing DCM.11 CPSC staff                  acute and chronic health risks of DCM                  precede more severe hazards and
                                              determined that these incidents are                     use could be conveyed in the Principal                 symptoms on the label, then the
                                              likely associated with DCM-based paint                  Display Panel (PDP) and the back or                    consumer might stop reading the label
                                              strippers. Among the 30 reported                        other panel to effectively inform                      before reaching the more severe hazards
                                              incidents, there were 6 fatalities, 1                   consumers and motivate their safe use                  and symptoms. Mentioning lethality of
                                              hospital admission, 1 emergency                         of paint stripping products containing                 vapor inhalation at the start raises the
                                              department visit, 15 injuries/adverse                   DCM.                                                   likelihood that the consumer is
                                              health problems, 4 non-injury incidents,                   Currently, there are few suitable                   informed of the possibility of death. By
                                              and 3 incidents without enough                          alternatives to DCM, and protective                    highlighting the pertinent information
                                              information to determine whether an                     measures, such as moving products                      and beginning with the risk of death, the
                                              injury occurred.                                        outdoors to apply the stripper can be                  warning information is more apt to
                                                 CPSC staff is aware of six deaths                    inconvenient. Providing warning                        prove to the consumer that the warning
                                              involving DCM-based products 12 that                    information does not prevent consumer                  contains useful information, and is,
                                              occurred between January 1, 2000, and                   exposure to hazards, but instead, relies               thereby, more likely to be read in its
                                              November 30, 2017. The victims were                     upon persuading consumers to alter                     entirety. Furthermore, the Commission
                                              males between 45 and 80 years old. In                   their behavior in some way to avoid the                believes that if lesser symptoms of
                                              most of the cases (5 deaths), CPSC staff                hazard. In addition, warnings research                 overexposure were to precede more
                                              was not able determine whether the                      demonstrates that even small                           severe symptoms on the warning labels,
                                              incidents were associated with a                        inconveniences to the consumer can                     then consumers may expect lesser
                                              consumer or a worker. These fatal                       have a substantial negative effect on                  symptoms to happen before more severe
                                              incidents are described in more detail in               behavioral compliance with a                           symptoms present, which may not be
                                              the petition briefing package. The                      warning.13 Therefore, it is imperative                 the case. For example, if consumers read
                                              Commission has since learned of an                      that warning labels are formatted and                  that DCM inhalation can cause nausea
                                              incident that occurred in October 2017,                 contain information so that they are                   and dizziness, before reading that DCM
                                              in Charleston, SC, involving a paint                    likely to be noticed, read, understood,                can cause death, consumers may infer,
                                              stripper, which resulted in death from                  and heeded.                                            incorrectly, that they will not be killed
                                              acute DCM and methanol toxicity. This                                                                          by the product without first exhibiting
                                              case is still under investigation to                    A. General Principles of Warning Labels
                                                                                                                                                             nausea or dizziness. Presenting effects
                                              determine whether it is a consumer or                   1. Format of Warning Label                             of overexposure from most to least
                                              worker incident.                                                                                               severe, along with stating that
                                                 In 2002, a 64-year-old male fell into                  Research has shown that warning
                                                                                                                                                             symptoms may not be noticeable, helps
                                              a tank of paint stripper at work. The                   information is more effective when it is
                                                                                                                                                             to dispel the false expectation that the
                                              paint stripper contained DCM. The                       conspicuous.14 Repetition with
                                                                                                                                                             way the consumer is using the DCM-
                                              cause of death was recorded as a cardiac                variation and consistent reinforcement
                                                                                                                                                             containing paint stripper is safe, or that
                                              arrest and respiratory toxicity. Although               can increase the effectiveness of
                                                                                                                                                             the consumer can use it in an unsafe
                                              this case is a work-related incident, and               messages.15 Strategic use of
                                                                                                                                                             manner, until s/he notices lesser
                                              therefore, not within CPSC’s                            capitalization, bolding, underlining, and
                                                                                                                                                             symptoms of overexposure.
                                              jurisdiction, the case, nonetheless,                    other forms of highlighting information
                                              indicates the potential hazard of the                   can steer the consumer’s attention to the              3. Warning Label Comprehension
                                              product. Another incident that occurred                 most pertinent information by making it                   It is important for warning
                                              in 2002 involved a 52-year-old male. He                 stand out from the surrounding text.16                 information not only to be noticed and
                                              died as a consequence of inhaling fumes                                                                        read, but also understood. Warnings
                                              from a DCM-based solvent in a                             13 Ayres T.J., Gross M.M., Wood C.T., Horst D.P,
                                                                                                                                                             should be free of ambiguity to better
                                              bathroom. In 2007, a 45-year-old male                   Beyer R.R., & Robinson J.N. (1989). What is a          ensure that the intended message is
                                              died after inhaling paint remover fumes                 Warning and When Will it Work? Proceedings of
                                                                                                      the Human Factors Society Annual Meeting, 33.          received and not easily
                                              during a bathroom renovation. The                       426–430; Riley, D.M. (2006). Beliefs, Attitudes, and   misinterpreted.19 For example, the
                                              cause of death was determined to be                     Motivation. In M.S. Wogalter (Ed.), Handbook of        phrase ‘‘adequate ventilation’’ is
                                              asphyxia due to inhaling DCM. In 2013,                  Warnings (pp. 289–300). Mahwah, NJ: Lawrence           ambiguous and can encourage
                                              an 80-year-old male died after inhaling                 Erlbaum Associates.
                                                                                                        14 Wogalter, M.S., DeJoy, D., & Laughery, K.R.
                                                                                                                                                             inappropriate methods of
                                              DCM fumes while using a paint stripper                                                                         circumvention; from ‘‘adequate
                                                                                                      (Eds.). (1999). Warnings and risk communication.
                                              in a shed. Also reported in 2013, a 50-                 Philadelphia, PA: Taylor & Francis.                    ventilation’’ the consumer may infer
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                                              year-old male died after inhaling DCM                     15 Food and Drug Administration. (2011).
                                                                                                                                                             that any addition of ventilation to the
                                                                                                      Communicating risks and benefits: An evidence-         application area, such as opening a
                                                11 California Department of Public Health, ‘‘Guide    based user’s guide (DHHS). B. Fischhoff, N.T.
                                              to choosing paint stripping products: Safety            Brewer & J.S.Downs (Eds.).
                                                                                                                                                             window, will be sufficient to make the
                                              considerations’’ http://www.cdph.ca.gov/programs/         16 Wogalter, M.S., Conzola, V.C., & Smith-Jackson,
                                                                                                                                                              17 Wogalter et al., 1999.
                                              hesis/Documents/Paint-Removal-Methods.pdf.              T.L. (2002). Research-based guidelines for warning
                                                                                                                                                              18 Robinson, 2009; Schriver, 1997.
                                                12 These DCM-based products included four paint       design and evaluation. Applied Ergonomics, 33,
                                              removers, one unspecified solvent, and one sealer.      219–230.                                                19 Wogalter et al., 1999.




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                                                               Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Rules and Regulations                                                 12257

                                              product safe for indoor use. Such an                    including precautions for indoor use as               CAN KILL YOU IN ENCLOSED
                                              inference can lead to overexposure to                   well. However, because providing                      AREAS.’’
                                              DCM-containing vapors, potentially                      precautions for indoor use may mislead
                                                                                                                                                            Example From 1987 Statement of
                                              resulting in death. Similarly, unclear                  some consumers to believe it is safe to
                                                                                                                                                            Cautionary Labeling To Be Included on
                                              wording, such as, ‘‘use in enclosed areas               use DCM-based products indoors, the                   the PDP 23
                                              may kill you,’’ carries the risk of being               Commission recommends that the
                                              misread as simply, ‘‘use in enclosed                    language and format of the safety                       In 1987, the Steering Committee for
                                              areas,’’ because the word ‘‘use’’ in this               information clarify that use in enclosed              Methylene Chloride, a group of industry
                                              context can be read as a verb, such as                  areas is dangerous, even with                         and consumer-interest representatives
                                              ‘‘use this product,’’ rather than read as               precautions, and should be avoided, if                working with Commission staff,
                                              a noun, such as ‘‘use of this product,’’                possible. The examples provided                       recommended the following labeling for
                                              and because the consumer may stop                       specify that indoor use is dangerous,                 the PDP for products, such as some
                                              reading the statement before reaching                   and they employ repetition and                        paint strippers that contain high
                                              ‘‘may kill you.’’                                       capitalization to reinforce the point that            percentages of DCM:
                                                 To increase the likelihood of                        paint-stripping products containing                   CAUTION: Vapor Harmful, Read Other
                                              consumers heeding a warning despite                     DCM should be used outdoors in open                    Cautions and HEALTH HAZARD
                                              inconveniences imposed by necessary                     air areas.                                             INFORMATION on Back Panel
                                              precautions, the phrasing of warning                                                                            In the 1987 Statement, the
                                              information should be vivid and                         B. Principal Display Panel (PDP)
                                                                                                      Minimum Labeling Recommendations                      Commission presented this labeling for
                                              relatable.20 The Commission                                                                                   the PDP as an example that would meet
                                              recommends using the phrase ‘‘can kill                     This section provides                              or exceed the minimum requirements of
                                              you,’’ as opposed to wording like: ‘‘may                recommendations for labeling paint                    the FHSA.
                                              cause death.’’ These phrases have the                   stripping products that contain
                                              same denotation; however, the impact                                                                          Updated Example of Cautionary
                                                                                                      methylene chloride. The following
                                              on the reader can be different in                                                                             Labeling
                                                                                                      minimum labeling recommendations for
                                              meaningful ways. The Commission                         the PDP meet the requirements of the                    In recognition of updated data on
                                              believes lethality is more salient with                 FHSA. There are wide variations in the                acute health risks of DCM use, the
                                              the statement ‘‘can kill you’’ because it               concentrations of methylene chloride in               Commission recommends replacing the
                                              is more personalized, directing the                     paint strippers. The precise labeling                 1987 example of cautionary labeling to
                                              hazard toward the user, rather than as                  used may vary based on DCM                            be included on the PDP with the
                                              a possibility for users, in general.                    concentration, anticipated duration of                information and format below:
                                              Evidence suggests that emotional                        exposure, and other associated hazards.               WARNING: INHALATION OF VAPOR VERY
                                              communications, especially those that                      The labels for all products subject to              HARMFUL VAPOR CAN KILL YOU IN
                                              are fear-based, can be used to increase                                                                        ENCLOSED AREAS EYE AND SKIN
                                                                                                      the FHSA are expected to comply with
                                              risk perceptions and change behaviors;                                                                         IRRITANT. Read All Cautions on Back/
                                                                                                      the requirements for prominence,
                                              and stronger fear-arousing conditions                                                                          Side Panel.
                                                                                                      placement, and conspicuousness of
                                              may lead to greater message                                                                                      The format in the updated PDP
                                                                                                      labeling required by section 2(p)(1) of
                                              acceptance.21                                                                                                 example uses capital letters, repetition,
                                                                                                      the FHSA. The FHSA provides that
                                              4. Effect of Consumer Experience With                   required labeling statements may be                   and personalized language to draw
                                              Product                                                 placed on the PDP, or front panel, on                 attention to the most severe hazard:
                                                                                                      the immediate container, and, if                      Death from inhalation of vapor in
                                                 Warning information can be formatted
                                                                                                      appropriate, on any other container or                enclosed areas. The repetition of
                                              in a way that is noticeable, more likely
                                                                                                      wrapper. The appropriate signal word                  ‘‘vapor’’ between the first and second
                                              to be read, understood, and motivating,
                                                                                                      (i.e., ‘‘DANGER,’’ ‘‘WARNING,’’ or                    lines aids in communicating the source
                                              and yet remain unheeded. Research
                                                                                                      ‘‘CAUTION) and the statement of                       and medium by which the hazard
                                              indicates that consumers who are
                                                                                                      principal hazard[s] are required to be on             presents itself. The inclusion of ‘‘vapor
                                              familiar or experienced with a product
                                                                                                      the PDP. The other items of required                  very harmful’’ satisfies the declaration
                                              are less likely to search for and comply
                                                                                                      labeling may be placed on some other                  of both the acute and the chronic
                                              with warnings.22 Paint strippers
                                                                                                      display panel on the container,                       hazard. When a chronic hazard exists,
                                              containing DCM have been around for
                                                                                                      provided that the front panel contains                the additional risk of cancer should be
                                              decades, and incident data show that
                                                                                                      the statement: ‘‘Read carefully other                 included on the back or other panel, as
                                              these products are sometimes applied
                                                                                                      cautions on the [other display] panel,’’              appropriate under the FHSA. The last
                                              indoors, such as in bathrooms,
                                                                                                      or its practical equivalent.                          line directs the consumer to the back or
                                              basements, and closets. The
                                                                                                         • The Commission recommends                        other panel, which provides detailed
                                              Commission believes that it is
                                                                                                      ‘‘WARNING’’ as the signal word for the                precautionary information.
                                              foreseeable that some consumers will
                                              continue to use these products indoors,                 label. Given cases of lethal exposure to              C. Back or Other Panel
                                              despite warnings against using them in                  DCM in household products, the
                                                                                                      Commission considered the signal word                 1. Back or Other Panel Minimum
                                              enclosed areas because of past incident-
                                                                                                      ‘‘DANGER’’; however, the current DCM                  Labeling Recommendations
                                              free experience with indoor use of
                                              stripping products containing DCM.                      toxicity data do not meet the FHSA                       The Commission recommends the
                                              Therefore, the Commission suggests                      definition of ‘‘highly toxic,’’ which is              following information and formatting
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                                                                                                      required for use of the the signal word               for the back or other panel of paint
                                                20 Murray-Johnson, L., & Witte, K. (2003). Looking    ‘‘DANGER.’’                                           stripping products containing DCM.
                                              toward the future: Health message design strategies.       • When providing affirmative
                                              In T.L. Thompson, A. Dorsey, K.I. Miller, & R.                                                                  23 Given the previously limited data on the acute
                                              Parrot (Eds.), Handbook of health communication
                                                                                                      statements of all principal hazards, the
                                                                                                                                                            toxicity of overexposure to DCM, the Commission
                                              (pp.473–495). New York City, NY: Routledge.             Commission recommends stating:                        believed this labeling to meet, and in certain
                                                21 Food and Drug Administration, 2011.                ‘‘INHALATION OF VAPOR VERY                            respects exceed, the minimum requirements of
                                                22 Wogalter et al., 1999.                             HARMFUL,’’ followed by: ‘‘VAPOR                       section 2(p)(1) of the FHSA.



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                                              12258            Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Rules and Regulations

                                              These recommendations cover both                        2. Example of Updated Safety                          potentially lethal-use scenario. Steps for
                                              acute and chronic hazards. Again, the                   Information To Be Included on the Back                inhibiting vapor accumulation indoors
                                              statements may vary based on the                        or Other Panel                                        are included in the back or other panel,
                                              concentration of DCM, anticipated                          In recognition of updated data on                  subsequent to reiteration that household
                                              duration of exposure, and other                         acute health risks of DCM use, the                    products containing DCM should be
                                              associated hazards.                                     Commission recommends replacing the                   used outdoors and that indoor use is
                                                 • The Commission recommends use                      1987 example of labeling to be included               dangerous. The instructions for first-aid
                                              of ‘‘WARNING’’ as the signal word for                                                                         are adapted from OSHA’s Chemical
                                                                                                      on the back or other panel, with the
                                              the label.                                                                                                    Database.26 The instructions are listed
                                                                                                      information and format below:
                                                 • The Commission recommends                                                                                in order of the likelihood of exposure
                                              beginning the precautionary information                    WARNING Contains Methylene Chloride.
                                                                                                      INHALATION OF VAPOR CAN KILL YOU.
                                                                                                                                                            route per incident data. Types of
                                              by stating, in all capital letters, the                                                                       exposure are capitalized and addressed
                                              lethality of vapor inhalation and not to                DO NOT USE IN ENCLOSED AREAS, such
                                                                                                      as bathrooms, basements, or closets.                  on separate lines for ease of access to
                                              use the product in enclosed areas.                      SYMPTOMS MAY NOT BE NOTICEABLE.                       the information in a hurried state. The
                                                 • The FHSA requires disclosure of all                D Avoid contact with eyes or skin, as severe          company’s toll-free number is provided
                                              principal hazards. The Commission                       irritation can occur. D Methylene Chloride            for consumers to seek more information
                                              recommends disclosing the acute and                     may cause cancer. D The risk to your health           about appropriate use and first-aid.
                                              chronic hazards from most-to-least                      depends on the level and duration of
                                              severe. Similarly, when symptoms are                    exposure. D Keep out of the reach of children.        VI. Implementation of This Guidance
                                              mentioned, the Commission                                  SAFETY DIRECTIONS: D USE OUTDOORS
                                              recommends it would be most effective                   IN AN OPEN AIR AREA. It is dangerous to                  In this update of the 1987 Statement,
                                                                                                      use this product indoors. D If you must use           the Commission provides guidance to
                                              to state symptoms from most-to-least
                                                                                                      indoors, cross-ventilate work area by opening         industry on determining the appropriate
                                              severe.                                                 all windows and doors and circulating fresh
                                                 • Because overexposure to DCM may                    air through the work area to reduce vapor
                                                                                                                                                            cautionary labeling for paint-stripping
                                              be sudden and can inhibit the user’s                    accumulation. D Always wear chemical-                 products that contain DCM. This
                                              capability to notice and react to the                   splash goggles and chemical-resistant gloves          guidance also provides examples of
                                              effects, the Commission recommends                      when handling this product. D A dust mask             statements to convey the hazards
                                              indicating in all capital letters that                  does not provide protection against the               associated with the product. This
                                              symptoms may not be noticeable.                         vapors.                                               guidance does not set forth language for
                                                 • The Commission recommends                             FIRST–AID:                                         particular products; nor does it specify
                                              separating precautionary statements by                     • INHALATION: First move person to
                                                                                                                                                            placement of this language. However,
                                                                                                      fresh air. If not breathing, give artificial
                                              bullet points, if paragraph formatting is               respiration. Call 911, or poison control              this document does provide guidance
                                              used, to aid visual distinction between                 center, or emergency room.                            on the factors to consider in developing
                                              precautions.24                                             • EYE EXPOSURE: Immediately flush                  the cautionary statements, and it gives
                                                 • The Commission believes it will be                 affected eye(s) with water. Call 911, or poison       examples that satisfy the FHSA. The
                                              helpful to provide specific examples of                 control center, or emergency room, as soon            level of hazard varies, based on the
                                              spaces in which the product should not                  as possible.                                          formulation of the product, the
                                              be used, beginning with bathrooms,                         • SKIN EXPOSURE: Immediately wash                  concentration of DCM, and the
                                              basements, and closets because these                    skin with soap and water. Avoid spreading
                                                                                                                                                            customary and reasonably foreseeable
                                              locations are particularly dangerous and                material on unaffected skin. Remove
                                                                                                      contaminated clothing and shoes, and                  use of the product. If a paint stripper
                                              have been cited in incident data.                                                                             containing methylene chloride does not
                                                                                                      thoroughly clean before reuse. Contact
                                                 • When indicating precautions to be                  medical professional for advice.                      appear to be labeled appropriately,
                                              taken, the Commission recommends                           • IF SWALLOWED: IMMEDIATELY call                   Commission staff will provide guidance
                                              stating in all capital letters that the                 911, or poison control center, or emergency           to firms and assist firms with labeling
                                              product should be used outdoors in an                   room. Do NOT induce vomiting, unless                  their products.
                                              open-air area.                                          directed to do so by medical personnel.
                                                 • The Commission recommends                          Never give anything by mouth to an                       Under the FHSA, manufacturers are
                                              including precautionary information for                 unconscious person.                                   responsible for determining whether
                                              indoor use, accompanied by language                                                                           their methylene chloride-containing
                                                                                                         In the preceding updated back or
                                              stating that indoor use is dangerous                                                                          products meet the definition of a
                                                                                                      other panel example, the most
                                              even when precautions are taken.                                                                              ‘‘hazardous substance,’’ and bear the
                                                                                                      important safety information is
                                                 • The Commission recommends                          capitalized to attract the consumer’s
                                                                                                                                                            appropriate cautionary statements. This
                                              prohibiting foreseeable inappropriate                                                                         determination is based on the
                                                                                                      attention; i.e., if the consumer only
                                              actions, such as use of a dust mask to                                                                        concentration of methylene chloride,
                                                                                                      reads the capitalized words, his/her
                                              provide protection against vapors.25                                                                          the use of the product, and whether the
                                                                                                      focus is drawn to the following
                                                 • When providing instructions for                    information: Inhaling the vapor can be
                                                                                                                                                            product presents a significant exposure
                                              first-aid, the Commission recommends                                                                          to methylene chloride vapor with
                                                                                                      deadly; the product should not be used
                                              listing in order of the likelihood of                                                                         customary and reasonably foreseeable
                                                                                                      in enclosed areas; symptoms of
                                              occurrence, the types of exposures and                                                                        use. This update of the 1987 Statement
                                                                                                      overexposure may go unnoticed; and the
                                              placing each exposure route on a                                                                              provides guidance to manufacturers
                                                                                                      product should be used outdoors. Bullet
                                              separate line to aid DCM users in an                                                                          who must determine the appropriate
                                                                                                      points are used to aid visual distinctions
                                              urgent situation.                                                                                             labeling for their paint stripper products
                                                                                                      among precautions. The presentation of
                                                                                                                                                            that contain methylene chloride. In any
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                                                                                                      the hazards from most-to-least severe,
                                                24 See the ‘‘Recommended Language Approved by
                                                                                                                                                            enforcement action, Commission staff
                                              Ad Hoc Task Group, Revision C’’ document dated          coupled with the statement that
                                                                                                                                                            would consider on a case-by-case basis
                                              November 10, 2017, published in the ‘‘Committee         symptoms may go unnoticed, helps to
                                              Documents’’ section of the Committee F15 ASTM           dismiss the false expectation that the
                                              website.                                                                                                        26 OSHA Occupational Chemical Database for
                                                25 A dust mask does not provide effective
                                                                                                      consumer can wait for noticeable                      Methylene Chloride: https://www.osha.gov/
                                              protection against overexposure to vapors               symptoms before taking appropriate                    chemicaldata/chemResult.html?recNo=572,
                                              containing DCM.                                         precautions or escaping from a                        accessed on December 8, 2017.



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                                                               Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Rules and Regulations                                        12259

                                              whether the product’s labeling meets                    addresses combination product                         Submissions,’’ publicly viewable at
                                              the requirements of the FHSA.                           postmarketing safety reporting. This                  https://www.regulations.gov or at the
                                                                                                      guidance is immediately in effect, but it             Dockets Management Staff between 9
                                              VII. Effect on State and Local Laws
                                                                                                      remains subject to comment in                         a.m. and 4 p.m., Monday through
                                                 In general, the preemption language                  accordance with the Agency’s good                     Friday.
                                              in section 18(b)(1)(A) of the FHSA                      guidance practices.                                      • Confidential Submissions—To
                                              provides that if a hazardous substance                  DATES: The announcement of the                        submit a comment with confidential
                                              or its packaging is subject to a                        guidance is published in the Federal                  information that you do not wish to be
                                              cautionary labeling requirement under                   Register on March 21, 2018.                           made publicly available, submit your
                                              the FHSA designed to protect against a                                                                        comments only as a written/paper
                                                                                                      ADDRESSES: You may submit either
                                              risk of illness or injury associated with                                                                     submission. You should submit two
                                                                                                      electronic or written comments on
                                              the substance, no State or political                                                                          copies total. One copy will include the
                                                                                                      Agency guidances at any time as
                                              subdivision of a State may establish or                                                                       information you claim to be confidential
                                                                                                      follows:
                                              continue in effect a cautionary labeling                                                                      with a heading or cover note that states
                                              requirement applicable to a hazardous                   Electronic Submissions                                ‘‘THIS DOCUMENT CONTAINS
                                              substance or packaging that is designed                   Submit electronic comments in the                   CONFIDENTIAL INFORMATION.’’ The
                                              to protect against the same risk of illness             following way:                                        Agency will review this copy, including
                                              or injury, unless the cautionary labeling                 • Federal eRulemaking Portal:                       the claimed confidential information, in
                                              requirement is identical to the labeling                https://www.regulations.gov. Follow the               its consideration of comments. The
                                              requirement under the FHSA. 15 U.S.C.                   instructions for submitting comments.                 second copy, which will have the
                                              1261n. As mentioned, this document                      Comments submitted electronically,                    claimed confidential information
                                              provides guidance to industry. This                     including attachments, to https://                    redacted/blacked out, will be available
                                              guidance does not have binding legal                    www.regulations.gov will be posted to                 for public viewing and posted on
                                              force, does not constitute a rule, and                  the docket unchanged. Because your                    https://www.regulations.gov. Submit
                                              thus, does not have preemptive effect.                  comment will be made public, you are                  both copies to the Dockets Management
                                              However, the underlying duty to label a                 solely responsible for ensuring that your             Staff. If you do not wish your name and
                                              hazardous household product arises                      comment does not include any                          contact information to be made publicly
                                              from the FHSA. This underlying                          confidential information that you or a                available, you can provide this
                                              statutory obligation preempts state and                 third party may not wish to be posted,                information on the cover sheet and not
                                              local non-identical cautionary labeling                 such as medical information, your or                  in the body of your comments and you
                                              requirements that are designed to                       anyone else’s Social Security number, or              must identify this information as
                                              protect against the same risk of injury or              confidential business information, such               ‘‘confidential.’’ Any information marked
                                              illness.                                                as a manufacturing process. Please note               as ‘‘confidential’’ will not be disclosed
                                              Alberta E. Mills,                                       that if you include your name, contact                except in accordance with 21 CFR 10.20
                                                                                                      information, or other information that                and other applicable disclosure law. For
                                              Secretary, Consumer Product Safety
                                              Commission.                                             identifies you in the body of your                    more information about FDA’s posting
                                                                                                      comments, that information will be                    of comments to public dockets, see 80
                                              [FR Doc. 2018–05580 Filed 3–20–18; 8:45 am]
                                                                                                      posted on https://www.regulations.gov.                FR 56469, September 18, 2015, or access
                                              BILLING CODE 6355–01–P
                                                                                                        • If you want to submit a comment                   the information at: https://www.gpo.gov/
                                                                                                      with confidential information that you                fdsys/pkg/FR-2015-09-18/pdf/2015-
                                                                                                      do not wish to be made available to the               23389.pdf.
                                              DEPARTMENT OF HEALTH AND                                                                                         Docket: For access to the docket to
                                              HUMAN SERVICES                                          public, submit the comment as a
                                                                                                      written/paper submission and in the                   read background documents or the
                                                                                                      manner detailed (see ‘‘Written/Paper                  electronic and written/paper comments
                                              Food and Drug Administration                                                                                  received, go to https://
                                                                                                      Submissions’’ and ‘‘Instructions’’).
                                                                                                                                                            www.regulations.gov and insert the
                                              21 CFR Part 4                                           Written/Paper Submissions                             docket number, found in brackets in the
                                              [Docket No. FDA–2008–N–0424]                              Submit written/paper submissions as                 heading of this document, into the
                                                                                                      follows:                                              ‘‘Search’’ box and follow the prompts
                                              Immediately in Effect Guidance for                                                                            and/or go to the Dockets Management
                                                                                                        • Mail/Hand delivery/Courier (for
                                              Industry; Compliance Policy for                                                                               Staff, 5630 Fishers Lane, Rm. 1061,
                                                                                                      written/paper submissions): Dockets
                                              Combination Product Postmarketing                                                                             Rockville, MD 20852.
                                                                                                      Management Staff (HFA–305), Food and
                                              Safety Reporting; Availability                                                                                   You may submit comments on any
                                                                                                      Drug Administration, 5630 Fishers
                                              AGENCY:    Food and Drug Administration,                Lane, Rm. 1061, Rockville, MD 20852.                  guidance at any time (see 21 CFR
                                              HHS.                                                      • For written/paper comments                        10.115(g)(5)).
                                                                                                      submitted to the Dockets Management                      Submit written requests for single
                                              ACTION:   Notification of availability.                                                                       copies of the guidance to the Office of
                                                                                                      Staff, FDA will post your comment, as
                                              SUMMARY:   The Food and Drug                            well as any attachments, except for                   Combination Products, Food and Drug
                                              Administration (FDA or we) is                           information submitted, marked and                     Administration, Bldg. 32, Rm. 5129,
                                              announcing the availability of an                       identified, as confidential, if submitted             10903 New Hampshire Ave., Silver
                                              immediately in effect guidance for                      as detailed in ‘‘Instructions.’’                      Spring, MD 20993. Send one self-
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                                              industry entitled ‘‘Compliance Policy                     Instructions: All submissions received              addressed adhesive label to assist that
                                              for Combination Product Postmarketing                   must include the Docket No. FDA–                      office in processing your requests. See
                                              Safety Reporting.’’ This guidance                       2008–N–0424 for ‘‘Compliance Policy                   the SUPPLEMENTARY INFORMATION section
                                              describes FDA’s compliance policy for                   for Combination Product Postmarketing                 for electronic access to the guidance
                                              combination product applicants and                      Safety Reporting.’’ Received comments                 document.
                                              constituent part applicants and                         will be placed in the docket and, except              FOR FURTHER INFORMATION CONTACT:
                                              activities under FDA regulations that                   for those submitted as ‘‘Confidential                 Melissa Burns, Office of Combination


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Document Created: 2018-03-21 00:45:44
Document Modified: 2018-03-21 00:45:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionGuidance.
DatesThis guidance document becomes applicable on March 21, 2018.
ContactCarol Afflerbach, Office of Compliance and Field Operations, U.S. Consumer Product Safety Commission; 4330 East-West Highway, Bethesda, MD 20814; email: [email protected]; telephone: (301) 504-7529.
FR Citation83 FR 12254 

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