82 FR 46740 - Petition Requesting Rulemaking on Magnet Sets

CONSUMER PRODUCT SAFETY COMMISSION

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

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, 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