[Federal Register Volume 82, Number 43 (Tuesday, March 7, 2017)]
[Rules and Regulations]
[Pages 12716-12717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

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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