82 FR 46740 - Petition Requesting Rulemaking on Magnet Sets

CONSUMER PRODUCT SAFETY COMMISSION

Federal Register Volume 82, Issue 193 (October 6, 2017)

Page Range		46740-46741
FR Document		2017-21534

The Consumer Product Safety Commission (CPSC or Commission) has received a petition requesting that the Commission initiate rulemaking under the Consumer Product Safety Act (CPSA) to adopt a safety standard for high-powered magnet sets. The Commission invites written comments concerning the petition.

Federal Register, Volume 82 Issue 193 (Friday, October 6, 2017)

[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Proposed Rules]
[Pages 46740-46741]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21534]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Chapter II

[Docket No. CPSC-2017-0037]


Petition Requesting Rulemaking on Magnet Sets

AGENCY: Consumer Product Safety Commission.

ACTION: Petition for rulemaking.

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SUMMARY: The Consumer Product Safety Commission (CPSC or Commission) 
has received a petition requesting that the Commission initiate 
rulemaking under the Consumer Product Safety Act (CPSA) to adopt a 
safety standard for high-powered magnet sets. The Commission invites 
written comments concerning the petition.

DATES: Submit comments by December 5, 2017.

ADDRESSES: Submit comments, identified by Docket No. CPSC-2017-0037, by 
any of the following methods:
    Electronic Submissions: Submit electronic comments to the Federal 
eRulemaking Portal at: http://www.regulations.gov. Follow the 
instructions for submitting comments. The Commission does not accept 
comments submitted by electronic mail (email), except through 
www.regulations.gov. The Commission encourages you to submit electronic

[[Page 46741]]

comments by using the Federal eRulemaking Portal, as described above.
    Written Submissions: Submit written comments by mail/hand delivery/
courier to: Office of the Secretary, Consumer Product Safety 
Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814; 
telephone (301) 504-7923.
    Instructions: All submissions received must include the agency name 
and docket number for this notice. All comments received may be posted 
without change to http://www.regulations.gov, including any personal 
identifiers, contact information, or other personal information 
provided. Do not submit confidential business information, trade secret 
information, or other sensitive or protected information that you do 
not want to be available to the public. If furnished at all, such 
information should be submitted by mail/hand delivery/courier.
    Docket: For access to the docket to read background documents or 
comments received, go to: http://www.regulations.gov, insert docket 
number CPSC-2017-0037 into the ``Search'' box, and follow the prompts.

FOR FURTHER INFORMATION CONTACT: Rocky Hammond, Office of the 
Secretary, Consumer Product Safety Commission, 4330 East West Highway, 
Bethesda, MD 20814; telephone: 301-504-6833; email: [email protected].

SUPPLEMENTARY INFORMATION: On August 17, 2017, Zen Magnets, LLC 
(petitioner) submitted a petition requesting that the Commission 
initiate rulemaking to adopt a safety standard for high-powered magnet 
sets under Sections 7 and 9 of the CPSA (15 U.S.C. 2056, 2058) to 
address the hazard associated with these products if ingested, 
aspirated, or otherwise inserted into the body.
    The petitioner describes the product as small rare earth magnets of 
various shapes, sizes, and flux indices (i.e., magnetic strength) that 
are commonly sold as sets designed to make sculptures, provide 
therapeutic benefits, or serve as educational or research tools. The 
petitioner states that there are magnet sets on the market that are 
approximately 5 millimeters in diameter and have flux indices greater 
than 50 kG\2\mm\2\. According to the petitioner, magnet sets are not 
designed, marketed, manufactured, or intended for use by children under 
the age of 14 years.
    The petitioner asserts that high-powered magnet sets pose a risk of 
injury if misused in a way that results in ingesting, aspirating, or 
otherwise inserting more than one magnet into the body. The petitioner 
notes that one potential injury that can result from ingesting high-
powered magnets is damage to gastrointestinal tissue.
    The petitioner requests that CPSC promulgate a mandatory safety 
standard that includes the following:
     Performance standards. Require individual magnets and each 
magnet in a magnet set that fits entirely within the cylinder described 
in 16 CFR 1501.4 (small parts cylinder) to have a flux index of 50 
kG\2\mm\2\ or less if the product is designed, marketed, or 
manufactured for children under the age of 14 years. Establish 
standards for magnet set packaging, such as requiring packaging to be 
difficult for children to open and assist users in determining whether 
all magnets are returned to the package after use. According to the 
petitioner, these requirements would limit the magnetic strength of 
magnets so that they would not attach across internal tissue if 
ingested and would assist users in limiting children's access to the 
magnets.
     Warning requirements.\1\ Require magnet sets to bear 
warnings that conform to specific form requirements, warn of the 
ingestion hazard, and indicate the product is not intended for 
children. Require warnings on product packaging, including in a 
location that requires a user to see the warning when opening the 
package.
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    \1\ The petitioner also requests that the Commission require 
purchasers to acknowledge having read product warnings and assent to 
the risk of injury when purchasing magnet sets online. Under Section 
7 of the CPSA, the Commission may issue only performance 
requirements and requirements for warnings or instructions. 
Therefore, the Commission lacks authority to require these 
additional provisions.
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     Instructional requirements. Require magnet sets to include 
instructions that indicate how to avoid using the magnet set in a way 
that can lead to ingesting, aspirating, or inserting the magnets into 
the body and how to return magnets to the packaging.
     Age restrictions.\2\ Require warnings and instructions for 
magnet sets to include an age recommendation of 14 years or older.
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    \2\ The petitioner also requests the following age restriction 
requirements for magnet sets that do not conform to the requested 
physical safety standards: (1) Prohibit the sale of magnet sets to 
users under 14 years old, and (2) require that only adults be 
permitted to buy magnet sets. Again, Section 7 of the CPSA 
authorizes the Commission to issue only performance requirements and 
warning requirements. Therefore, the Commission lacks authority to 
adopt these restrictions.
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    The Commission seeks comments concerning this petition.
    The petition is available at: http://www.regulations.gov, under 
Docket No. CPSC-2017-0037, Supporting and Related Materials. 
Alternatively, interested parties may obtain a copy of the petition by 
writing or calling the Office of the Secretary, Consumer Product Safety 
Commission, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 
504-6833.

Alberta E. Mills,
Acting Secretary, Consumer Product Safety Commission.
[FR Doc. 2017-21534 Filed 10-5-17; 8:45 am]
 BILLING CODE 6355-01-P

46740 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Proposed Rules

http://www.regulations.gov. All (ACE), is the primary instrument used below; however, any pertinent feedback
comments received are part of the for collecting export trade data. Through not captured by these questions is also
public record. No comments will be the AES, the Census Bureau collects welcome:
posted to http://www.regulations.gov for Electronic Export Information (EEI), the 1. If you do not think that the
public viewing until after the comment electronic equivalent of the export data definition of a routed export transaction
period has closed. Comments will formerly collected on the Shipper’s in 15 CFR 30.1 is clearly stated, then
generally be posted without change. All Export Declaration (SED), reported what definition of routed export
Personally Identifiable Information (for pursuant to the Foreign Trade transaction would you suggest?
example, name and address) voluntarily Regulations (FTR), Title 15, Code of 2. Should the Census Bureau modify
submitted by the commentor may be Federal Regulations (CFR), part 30. The the list of data elements at 15 CFR
publicly accessible. Do not submit EEI consists of data elements as set forth 30.3(e)(2) that the U.S. authorized agent
Confidential Business Information or in 15 CFR 30.6 for an export shipment, is required to provide when filing the
otherwise sensitive or protected and includes information such as the electronic export information? If so,
information. The Census Bureau will U.S. Principal Party in Interest’s what changes would you suggest?
accept anonymous comments (enter (USPPI’s) name, address, and 3. Should the Census Bureau modify
N/A in the required fields, if you wish identification number, and detailed the list of data elements at 15 CFR
to remain anonymous). You may submit information concerning the exported 30.3(e)(1) that the U.S. Principal Party
attachments to electronic comments in product. The party responsible for the in Interest is required to provide to the
Microsoft Word, Excel, WordPerfect, or accuracy and timeliness of EEI data
U.S. Authorized agent? If so, what
Adobe PDF file formats only. elements varies depending upon the
changes would you suggest?
type of export transaction; standard or
FOR FURTHER INFORMATION CONTACT: Dale 4. The carrier’s responsibilities under
routed. Through this notice, the Census
C. Kelly, Chief, International Trade the FTR are the same in both standard
Bureau is seeking public comments to
Management Division, U.S. Census and routed transactions. Does the FTR
perform a review of the requirements
Bureau, Room 5K158, Washington, DC clearly communicate these
governing routed export transactions, a
20233–6010, by phone (301) 763–6937, responsibilities? If not, what
subset of export transactions, as detailed
by fax (301) 763–8835, or by email clarification would you suggest?
in the FTR, 15 CFR, part 30.
dale.c.kelly@census.gov. 5. The data elements that the USPPI
SUPPLEMENTARY INFORMATION: Request for Comments and U.S authorized agent are required to
The Census Bureau is soliciting provide are currently located in Section
Background 30.3(e) of the FTR. However, additional
comments on the clarity, usability, and
The Census Bureau is responsible for any other matters related to the data elements are needed to complete
collecting, compiling, and publishing regulatory requirements for routed the AES filing. Below is a list of data
export trade statistics for the United transactions. This will include the elements that are required to be reported
States under the provisions of Title 13, definition of a routed export transaction but for which a responsible party is not
United States Code (U.S.C.), Chapter 9, found in 15 CFR 30.1 as well as the listed. Please provide comments on
Section 301. The Automated Export general responsibilities of parties in which party, the USPPI or the U.S.
System (AES), now part of the routed export transactions as detailed in authorized agent, should report these
Automated Commercial Environment 15 CFR 30.3. Suggested questions are data elements.
Hazardous material indicator ........................................ routed export transaction indicator .............................. KPC number
FTZ identifier ................................................................ vehicle title number ...................................................... related party indicator
shipment reference number ......................................... vehicle title state code ................................................. export information code
VIN/product ID .............................................................. filing option indicator

6. Are the responsibilities of parties in Dated: September 29, 2017. received a petition requesting that the
a routed export transaction clearly Ron S. Jarmin, Commission initiate rulemaking under
stated? If not, what improvements Associate Director for Economic Programs, the Consumer Product Safety Act
would you suggest? Performing the Non-Exclusive Functions and (CPSA) to adopt a safety standard for
Duties of the Director, Bureau of the Census. high-powered magnet sets. The
7. How could we improve the process
to authorize filing in a routed export [FR Doc. 2017–21569 Filed 10–5–17; 8:45 am] Commission invites written comments
transaction? BILLING CODE 3510–07–P concerning the petition.
8. How could the FTR be revised to DATES: Submit comments by December
align with the Bureau of Industry and 5, 2017.
CONSUMER PRODUCT SAFETY
Security’s Export Administration COMMISSION ADDRESSES: Submit comments,
Regulations on routed export identified by Docket No. CPSC–2017–
transactions? 16 CFR Chapter II 0037, by any of the following methods:
9. What changes would you suggest in [Docket No. CPSC–2017–0037] Electronic Submissions: Submit
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS

Section 30.3 of the FTR that might electronic comments to the Federal
improve the parties’ understanding of Petition Requesting Rulemaking on eRulemaking Portal at: http://
the requirements of a routed export Magnet Sets www.regulations.gov. Follow the
transaction? instructions for submitting comments.
AGENCY: Consumer Product Safety
10. What changes would you suggest Commission. The Commission does not accept
in Section 30.3 of the FTR that might ACTION: Petition for rulemaking. comments submitted by electronic mail
improve the parties’ understanding of (email), except through
their roles in a routed or standard export SUMMARY:The Consumer Product Safety www.regulations.gov. The Commission
transaction? Commission (CPSC or Commission) has encourages you to submit electronic

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Document Created: 2017-10-06 00:09:01
Document Modified: 2017-10-06 00:09:01

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Petition for rulemaking.
Dates		Submit comments by December 5, 2017.
Contact		Rocky Hammond, Office of the Secretary, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; telephone: 301-504-6833; email: [email protected]
FR Citation		82 FR 46740