82 FR 12716 - Safety Standard for Magnet Sets; Removal of Final Rule Vacated by Court

CONSUMER PRODUCT SAFETY COMMISSION

Federal Register Volume 82, Issue 43 (March 7, 2017)

Page Range		12716-12717
FR Document		2017-04381

This final rule removes from the Code of Federal Regulations the final rule published on October 3, 2014, titled, ``Safety Standard for Magnet Sets.'' This action responds to a decision of the U.S. Court of Appeals for the Tenth Circuit that vacated the rule.

Federal Register, Volume 82 Issue 43 (Tuesday, March 7, 2017)

[Federal Register Volume 82, Number 43 (Tuesday, March 7, 2017)]
[Rules and Regulations]
[Pages 12716-12717]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04381]


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CONSUMER PRODUCT SAFETY COMMISSION

[Docket No. CPSC-2012-0050]

16 CFR Part 1240


Safety Standard for Magnet Sets; Removal of Final Rule Vacated by 
Court

AGENCY: Consumer Product Safety Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule removes from the Code of Federal Regulations 
the final rule published on October 3, 2014, titled, ``Safety Standard 
for Magnet Sets.'' This action responds to a decision of the U.S. Court 
of Appeals for the Tenth Circuit that vacated the rule.

DATES: The action is effective on March 7, 2017. However, the court 
order had legal effect immediately upon its filing on November 22, 
2016.

FOR FURTHER INFORMATION CONTACT: Todd A. Stevenson, Secretary, U.S. 
Consumer Product Safety Commission, Office of the Secretary, 4330 East-
West Highway, Bethesda, MD 20814-4408, Room 820; telephone: 301-504-
7923; email: [email protected].

SUPPLEMENTARY INFORMATION:  On October 3, 2014, the Consumer Product 
Safety Commission (CPSC or Commission) published a final rule titled, 
``Safety Standard for Magnet Sets'' (magnet set rule) under the 
authority of the Consumer Product Safety Act. 79 FR 59962. The rule 
established requirements for magnet sets and individual magnets that 
are intended or marketed to be used with or as magnet sets. As defined 
in the rule, ``magnet sets'' are aggregations of separable magnetic 
objects that are marketed or commonly used as a manipulative or 
construction item for entertainment, such as puzzle working, sculpture 
building, mental stimulation, or stress relief. Under the rule, if a 
magnet set contains a magnet that fits within the CPSC's small parts 
cylinder, each magnet in the magnet set must have a flux index of 50 
kG\2\ mm\2\ or less; an individual magnet that is marketed or intended 
for use as part of a magnet set also must meet these requirements. The 
rule provided that the flux index is

[[Page 12717]]

determined by the method described in ASTM F963-11, Standard Consumer 
Safety Specification for Toy Safety.
    On December 2, 2014, Zen Magnets, LLC (Zen) filed a petition in the 
U.S. Court of Appeals for the Tenth Circuit challenging the magnet set 
rule. The Tenth Circuit concluded that the Commission's rule provided 
incomplete and inadequately explained findings. The court vacated and 
remanded the rule to the Commission. Zen Magnets, LLC v. Consumer 
Product Safety Comm'n, No.14-9610 (10th Cir. Nov. 22, 2016). Consistent 
with that decision, this rule removes the magnet set rule at 16 CFR 
part 1240 and reserves that part.
    This rule is not subject to the requirement to provide notice and 
an opportunity for public comment because it falls under the good cause 
exception at 5 U.S.C. 553(b)(B). The good cause exception is satisfied 
when notice and comment is ``impracticable, unnecessary, or contrary to 
the public interest.'' Id. This rule is an administrative step that 
implements the court's order vacating the magnet set rule. 
Additionally, because this rule implements a court order already in 
effect, the Commission has good cause to waive the 30-day effective 
date under 5 U.S.C. 553(d)(3).

List of Subjects in 16 CFR Part 1240

    Consumer protection, Imports, Incorporation by reference, Infants 
and children, Law enforcement, Safety.

PART 1240--[REMOVED AND RESERVED]

0
For the reasons stated above, under the authority of 15 U.S.C. 2056 and 
2058, the Commission amends 16 CFR chapter II by removing and reserving 
part 1240.

    Dated: March 2, 2017.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2017-04381 Filed 3-6-17; 8:45 am]
 BILLING CODE 6355-01-P

12716 Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Rules and Regulations

History Regulatory Policies and Procedures (44 Issued in Fort Worth, Texas, on February
FR 11034; February 26, 1979); and (3) 28, 2017.
On December 9, 2016, the FAA
does not warrant preparation of a Robert L. Beck,
published in the Federal Register (81FR
89012) FAA–2016–6661, a notice of Regulatory Evaluation as the anticipated Manager, Operations Support Group, ATO
proposed rulemaking (NPRM) to impact is so minimal. Since this is a Central Service Center.
establish Class E Airspace extending routine matter that only affects air traffic [FR Doc. 2017–04452 Filed 3–6–17; 8:45 am]
upward from 700 feet above the surface procedures and air navigation, it is BILLING CODE 4910–13–P
at Little Pecan Island Airport, Grand certified that this rule, when
Chenier, LA. Interested parties were promulgated, does not have a significant
invited to participate in this rulemaking economic impact on a substantial CONSUMER PRODUCT SAFETY
effort by submitting written comments number of small entities under the COMMISSION
on the proposal to the FAA. No criteria of the Regulatory Flexibility Act. [Docket No. CPSC–2012–0050]
comments were received.
Class E airspace designations are Environmental Review
16 CFR Part 1240
published in paragraph 6005 of FAA
Order 7400.11A, dated August 3, 2016, The FAA has determined that this
Safety Standard for Magnet Sets;
and effective September 15, 2016, which action qualifies for categorical exclusion
Removal of Final Rule Vacated by
is incorporated by reference in 14 CFR under the National Environmental
Court
71.1. The Class E airspace designations Policy Act in accordance with FAA
listed in this document will be Order 1050.1F, ‘‘Environmental AGENCY: Consumer Product Safety
published subsequently in the Order. Impacts: Policies and Procedures,’’ Commission.
paragraph 5-6.5a. This airspace action is ACTION: Final rule.
Availability and Summary of not expected to cause any potentially
Documents for Incorporation by significant environmental impacts, and SUMMARY: This final rule removes from
Reference no extraordinary circumstances exist the Code of Federal Regulations the
This document amends FAA Order that warrant preparation of an final rule published on October 3, 2014,
7400.11A, Airspace Designations and environmental assessment. titled, ‘‘Safety Standard for Magnet
Reporting Points, dated August 3, 2016, Sets.’’ This action responds to a
and effective September 15, 2016. FAA Lists of Subjects in 14 CFR Part 71 decision of the U.S. Court of Appeals for
Order 7400.11A is publicly available as the Tenth Circuit that vacated the rule.
Airspace, Incorporation by reference,
listed in the ADDRESSES section of this DATES: The action is effective on March
Navigation (air).
document. FAA Order 7400.11A lists 7, 2017. However, the court order had
Class A, B, C, D, and E airspace areas, Adoption of the Amendment legal effect immediately upon its filing
air traffic service routes, and reporting on November 22, 2016.
points. In consideration of the foregoing, the FOR FURTHER INFORMATION CONTACT:
Federal Aviation Administration Todd A. Stevenson, Secretary, U.S.
The Rule
amends 14 CFR part 71 as follows: Consumer Product Safety Commission,
This amendment to Title 14, Code of
Office of the Secretary, 4330 East-West
Federal Regulations (14 CFR) part 71 PART 71—DESIGNATION OF CLASS A,
Highway, Bethesda, MD 20814–4408,
establishes Class E airspace extending B, C, D, AND E AIRSPACE AREAS; AIR Room 820; telephone: 301–504–7923;
upward from 700 feet above the surface TRAFFIC SERVICE ROUTES; AND email: tstevenson@cpsc.gov.
within a 6-mile radius of Little Pecan REPORTING POINTS
Island Airport, Grand Chenier, LA, to SUPPLEMENTARY INFORMATION: On
accommodate new standard instrument October 3, 2014, the Consumer Product
■ 1. The authority citation for part 71 Safety Commission (CPSC or
approach procedures. Controlled continues to read as follows:
airspace is needed for the safety and Commission) published a final rule
management of IFR operations at the Authority: 49 U.S.C. 106(f), 106(g); 40103, titled, ‘‘Safety Standard for Magnet
airport. 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, Sets’’ (magnet set rule) under the
Class E airspace areas are published 1959–1963 Comp., p. 389. authority of the Consumer Product
in Section 6005 of FAA Order 7400.11A, Safety Act. 79 FR 59962. The rule
§ 71.1 [Amended] established requirements for magnet sets
dated August 3, 2016, and effective
September 15, 2016, which is ■ 2. The incorporation by reference in and individual magnets that are
incorporated by reference in 14 CFR 14 CFR 71.1 of FAA Order 7400.11A, intended or marketed to be used with or
71.1. The Class E airspace designation Airspace Designations and Reporting as magnet sets. As defined in the rule,
listed in this document will be Points, dated August 3, 2016, and ‘‘magnet sets’’ are aggregations of
published subsequently in the Order. separable magnetic objects that are
effective September 15, 2016, is
marketed or commonly used as a
Regulatory Notices and Analyses amended as follows:
manipulative or construction item for
The FAA has determined that this Paragraph 6005: Class E Airspace Areas entertainment, such as puzzle working,
regulation only involves an established Extending Upward From 700 Feet or More sculpture building, mental stimulation,
body of technical regulations for which Above the Surface of the Earth. or stress relief. Under the rule, if a
frequent and routine amendments are * * * * * magnet set contains a magnet that fits
jstallworth on DSK7TPTVN1PROD with RULES

necessary to keep them operationally within the CPSC’s small parts cylinder,
current, is non-controversial and ASW LA E5 Grand Chenier, LA [NEW] each magnet in the magnet set must
unlikely to result in adverse or negative Little Pecan Island Airport, LA have a flux index of 50 kG2 mm2 or less;
comments. It, therefore: (1) Is not a (Lat. 29°47′59″ N., long. 092°48′13″ W.) an individual magnet that is marketed
‘‘significant regulatory action’’ under That airspace extending upward from 700 or intended for use as part of a magnet
Executive Order 12866; (2) is not a feet above the surface within a 6-mile radius set also must meet these requirements.
‘‘significant rule’’ under DOT of Little Pecan Island Airport The rule provided that the flux index is

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Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Rules and Regulations 12717

determined by the method described in ACTION:Final rule; annual update to fee Issued: February 28, 2017.
ASTM F963–11, Standard Consumer schedule. Anton C. Porter,
Safety Specification for Toy Safety. Executive Director, Office of the Executive
On December 2, 2014, Zen Magnets, SUMMARY: In accordance with of the Director.
LLC (Zen) filed a petition in the U.S. Commission’s regulations, the In consideration of the foregoing, the
Court of Appeals for the Tenth Circuit Commission, by its designee, the Commission amends part 11, chapter I,
challenging the magnet set rule. The Executive Director, issues this annual title 18, Code of Federal Regulations, as
Tenth Circuit concluded that the update to the fee schedule in the follows.
Commission’s rule provided incomplete appendix to the part, which lists per-
and inadequately explained findings. acre rental fees by county (or other PART 11—[AMENDED]
The court vacated and remanded the geographic area) for use of government
rule to the Commission. Zen Magnets, lands by hydropower licensees. ■ 1. The authority citation for part 11
LLC v. Consumer Product Safety DATES: This rule is effective March 7, continues to read as follows:
Comm’n, No.14–9610 (10th Cir. Nov. 22, 2017. Updates to appendix A to part 11 Authority: 16 U.S.C. 792–828c; 42 U.S.C.
2016). Consistent with that decision, with the fee schedule of per-acre rental 7101–7352.
this rule removes the magnet set rule at fees by county (or other geographic area) ■ 2. Appendix A to part 11 is revised to
16 CFR part 1240 and reserves that part. are applicable from October 1, 2016, read as follows:
This rule is not subject to the through September 30, 2017 (Fiscal Year
requirement to provide notice and an 2017). Appendix A to Part 11—Fee Schedule
opportunity for public comment FOR FURTHER INFORMATION CONTACT: for FY 2017
because it falls under the good cause Norman Richardson, Financial Fee/
exception at 5 U.S.C. 553(b)(B). The Management Division, Office of the State County acre/
good cause exception is satisfied when Executive Director, Federal Energy yr
notice and comment is ‘‘impracticable, Regulatory Commission, 888 First Street Alabama .......... Autauga ..................... $61.69
unnecessary, or contrary to the public NE., Washington, DC 20426, (202) 502– Baldwin ...................... 107.46
interest.’’ Id. This rule is an 6219, Norman.Richardson@ferc.gov. Barbour ...................... 61.05
administrative step that implements the Bibb ............................ 56.63
SUPPLEMENTARY INFORMATION: Blount ......................... 98.07
court’s order vacating the magnet set Bullock ....................... 58.79
rule. Additionally, because this rule Annual Update to Fee Schedule
Butler ......................... 65.57
implements a court order already in Section 11.2 of the Commission’s Calhoun ..................... 82.25
effect, the Commission has good cause regulations provides a method for Chambers .................. 70.27
Cherokee ................... 92.30
to waive the 30-day effective date under computing reasonable annual charges Chilton ........................ 79.18
5 U.S.C. 553(d)(3). for recompensing the United States for Choctaw ..................... 50.56
the use, occupancy, and enjoyment of Clarke ........................ 55.21
List of Subjects in 16 CFR Part 1240 Clay ............................ 66.79
its lands by hydropower licensees.1
Consumer protection, Imports, Cleburne .................... 74.11
Annual charges for the use of Coffee ........................ 71.18
Incorporation by reference, Infants and government lands are payable in Colbert ....................... 76.14
children, Law enforcement, Safety. advance, and are based on an annual Conecuh .................... 53.76
schedule of per-acre rental fees Coosa ........................ 55.96
PART 1240—[REMOVED AND published in appendix A to part 11 of Covington ................... 60.88
RESERVED] Crenshaw ................... 54.77
the Commission’s regulations.2 This Cullman ...................... 112.76
■ For the reasons stated above, under document updates the fee schedule in Dale ........................... 67.77
appendix A to part 11 for fiscal year Dallas ......................... 49.54
the authority of 15 U.S.C. 2056 and DeKalb ....................... 102.33
2058, the Commission amends 16 CFR 2017 (October 1, 2016, through Elmore ....................... 85.72
chapter II by removing and reserving September 30, 2017). Escambia ................... 61.32
part 1240. Etowah ....................... 96.08
Effective Date Fayette ....................... 57.34
Dated: March 2, 2017. This Final Rule is effective March 7, Franklin ...................... 56.80
Todd A. Stevenson, Geneva ...................... 58.35
2017. The provisions of 5 U.S.C. 804, Greene ....................... 54.81
Secretary, U.S. Consumer Product Safety regarding Congressional review of final Hale ........................... 56.46
Commission. rules, do not apply to this Final Rule Henry ......................... 60.34
[FR Doc. 2017–04381 Filed 3–6–17; 8:45 am] because the rule concerns agency Houston ..................... 70.30
Jackson ...................... 70.54
BILLING CODE 6355–01–P procedure and practice and will not Jefferson .................... 121.70
substantially affect the rights or Lamar ......................... 39.89
obligations of non-agency parties. This Lauderdale ................. 80.19
DEPARTMENT OF ENERGY Final Rule merely updates the fee Lawrence ................... 82.58
Lee ............................. 101.92
schedule published in the Code of Limestone .................. 109.82
Federal Energy Regulatory Federal Regulations to reflect scheduled Lowndes .................... 46.61
Commission adjustments, as provided for in section Macon ........................ 66.35
11.2 of the Commission’s regulations. Madison ..................... 100.30
18 CFR Part 11 Marengo ..................... 48.13
List of Subjects in 18 CFR Part 11 Marion ........................ 59.97
jstallworth on DSK7TPTVN1PROD with RULES

[Docket No. RM11–6–000] Marshall ..................... 102.36
Public lands. Mobile ........................ 109.68
Annual Update to Fee Schedule for the Monroe ....................... 53.12
By the Executive Director.
Montgomery ............... 70.84
Use of Government Lands by Morgan ....................... 100.77
Hydropower Licensees 1 Annual Charges for the Use of Government
Perry .......................... 47.38
Lands, Order No. 774, 78 FR 5256 (January 25, Pickens ...................... 55.82
AGENCY:Federal Energy Regulatory 2013), FERC Stats. & Regs. ¶ 31,341 (2013). Pike ............................ 61.49
Commission. 2 18 CFR part 11 (2016). Randolph ................... 75.87

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Document Created: 2018-02-01 14:48:39
Document Modified: 2018-02-01 14:48:39

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		The action is effective on March 7, 2017. However, the court order had legal effect immediately upon its filing on November 22, 2016.
Contact		Todd A. Stevenson, Secretary, U.S. Consumer Product Safety Commission, Office of the Secretary, 4330 East- West Highway, Bethesda, MD 20814-4408, Room 820; telephone: 301-504- 7923; email: [email protected]
FR Citation		82 FR 12716
CFR Associated		Consumer Protection; Imports; Incorporation by Reference; Infants and Children; Law Enforcement and Safety