On March 7, 2017, the Consumer Product Safety Commission (CPSC) published in the Federal Register a final rule [Docket No. CPSC-2012-0050] removing from the Code of Federal Regulations the final rule published on October 3, 2014 (79 Fed. Reg. 59962), 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.
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 CPSC’s rule provided incomplete and inadequately explained findings. The court vacated and remanded the rule to the CPSC. 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 C.F.R. part 1240 and reserves that part.