Petition for Inclusion of the Arab-American Community in the Groups Eligible for MBDA Services, 53780-53781 [2012-21704]
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53780
Federal Register / Vol. 77, No. 171 / Tuesday, September 4, 2012 / Proposed Rules
sroberts on DSK5SPTVN1PROD with PROPOSALS
to the Department concerning the
proposed requirement that carriers
report the total number of animals
transported during a calendar year with
that year’s December reports, the cost to
carriers of amending the definition of
‘‘animal’’ for reporting purposes, and
the number of carriers affected by the
reporting requirement.
Issues Concerning the Proposed
Requirement That Carriers Report the
Total Number of Animals Transported
in the Calendar Year in the December
Reports
The petitioners state that there are
conflicting statements between the
NPRM summary and the NPRM
Regulatory Analyses and Notices (RAN)
section with respect to the proposed
requirement that carriers report the total
number of animals transported in the
calendar year in the December reports.
They state that while the RAN section
indicates that carriers would be required
to report only during the months where
the carriers experience a reportable
animal incident, the preamble asks
whether carriers should be required to
file reports in months when no incident
takes place. The petitioners seek
clarification on this issue and request
that the RAN section of the preamble be
clarified if the proposal is that carrier be
required to file negative reports.
As stated in the RAN section, in
addition to proposing that covered
carriers report the total number of
animals transported in the calendar year
in their December reports, the
Department proposed that covered
carriers only submit a report during the
months when the carriers have a
reportable animal incident. However,
we also sought comment on whether to
require carriers to file reports even if the
carriers did not have any incidents
involving the loss, injury, or death of an
animal during a particular month. This
is not inconsistent. The NPRM is not
proposing that carriers file a negative
report but is soliciting comment on this
point so we can determine whether the
final rule should include a general
requirement that covered carriers must
submit reports each month even if the
carriers do not have any reportable
incidents during a particular month or
perhaps a requirement that carriers must
file a December report regardless of
whether any incidents occurred in that
month to cover the total number of
animals transported that year.
Issues Concerning the Cost to Covered
Carriers of Amending the Definition of
Animal
The petitioners state that for the 15
carriers that are currently required to
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report incidents involving the loss,
injury, or death of an animal during air
transport, the RAN is incorrect in stating
that there would be no additional costs
associated with amending the definition
of ‘‘animal’’ for reporting purposes to
include all cats and dogs transported by
the carrier regardless of whether the cat
or dog is transported as a pet by its
owner or as part of a commercial
shipment. They state that the 15 carriers
already subject to the reporting
requirement would likely incur
additional costs, and the Department
should correct the RAN.
The statement in the RAN that there
would be no additional costs to the 15
carriers that already collect information
on incidents involving loss, injury, or
death of an animal refers to costs
associated with actually filing monthly
reports. The Department acknowledges
that there would be costs associated
with collecting more information to
report, i.e., not only on incidents
involving pets but also incidents
involving dogs and cats that are shipped
commercially. In the NPRM, the
Department states that it believes the
cost of the proposed expanded
definition of an animal covered by the
reporting rule would impact airlines but
the cost would still be minimal. We
encourage comments and data about
expected costs resulting from the
expansion of the definition of ‘‘animal.’’
Issues Concerning the Scope of the
Reporting Requirement
The petitioners state that although the
RAN states that the scope of the carriers
covered by the animal incident
reporting requirements would expand
under the NPRM proposal from 15 to 36
carriers, the NPRM does not list the
carriers so there is no way to verify if
the list is accurate. They point out that
presumably the PRA lists the potentially
impacted carriers and that informed
comment cannot progress until the PRA
and that information is available.
The PRA does in fact list the carriers
that would be affected by the NPRM
and, as noted above, the PRA was
posted in the docket on July 24, 2012.
The public is invited to comment on the
accuracy of that list.
Issued this 28th day of August, 2012, in
Washington, DC under authority delegated in
14 CFR part 1.
Robert S. Rivkin,
General Counsel.
[FR Doc. 2012–21615 Filed 8–31–12; 8:45 am]
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DEPARTMENT OF COMMERCE
Minority Business Development
Agency
15 CFR Part 1400
[Docket No. 120517080–2402–04]
Petition for Inclusion of the ArabAmerican Community in the Groups
Eligible for MBDA Services
Minority Business
Development Agency, Commerce.
ACTION: Notice of proposed rulemaking
and request for comments; amendment.
AGENCY:
The Minority Business
Development Administration publishes
this notice to extend the date on which
it plans to make its decision on a
petition from the American-Arab AntiDiscrimination Committee requesting
formal designation from August 30,
2012 to November 30, 2012.
FOR FURTHER INFORMATION CONTACT: For
further information about this Notice,
contact Josephine Arnold, Minority
Business Development Agency, 1401
Constitution Avenue NW., Room 5053,
Washington, DC 20230, (202) 482–2332.
SUPPLEMENTARY INFORMATION: On May
30, 2012, the Minority Business
Development Agency (MBDA)
published a notice of proposed
rulemaking and request for comments
regarding a petition received on January
11, 2012 from the American-Arab AntiDiscrimination Committee (ADC)
requesting formal designation of ArabAmericans as a minority group that is
socially or economically disadvantaged
pursuant to 15 CFR Part 1400. The
Notice included a thirty-day comment
period that ended on June 29, 2012, but
also stated that MBDA will make a
decision on the petition no later than
June 27, 2012. On June 12, 2012, MBDA
published a notice in the Federal
Register extending the date for making
its decision to July 30, 2012. On August
3, 2012, MBDA published a second
amendment to extend the deadline for
the decision until August 30, 2012, to
allow MBDA to complete its
independent review and analysis of the
issues raised in the petition and
comments received to the petition. The
Agency has determined that further
analysis of the information collected
during its independent review is
necessary to ensure a reasoned and
sound decision. Therefore, MBDA is
extending, for an additional ninety (90)
day period, its consideration of the
issues addressed in the petition and the
information presented by MBDA’s
independent review. The Agency will
SUMMARY:
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Federal Register / Vol. 77, No. 171 / Tuesday, September 4, 2012 / Proposed Rules
make its decision on the petition on or
before November 30, 2012. This
extension will not prejudice the
petitioner.
Minority Business Development Agency.
David Hinson,
National Director.
[FR Doc. 2012–21704 Filed 8–31–12; 8:45 am]
BILLING CODE 3510–21–P
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Part 1240
Safety Standard for Magnet Sets
Consumer Product Safety
Commission.
ACTION: Notice of Proposed Rulemaking.
AGENCY:
Based on available data, the
U.S. Consumer Product Safety
Commission (the Commission, the
CPSC, or we) has determined
preliminarily that there may be an
unreasonable risk of injury associated
with children ingesting high-powered
magnets that are part of magnet sets.
These magnet sets are aggregations of
separable, permanent, magnetic objects
intended or marketed by the
manufacturer primarily as a
manipulative or construction desk toy
for general entertainment, such as
puzzle working, sculpture building,
mental stimulation, or stress relief. In
contrast to ingesting other small parts,
when a child ingests a magnet, the
magnetic properties of the object can
cause serious, life-threatening injuries.
When children ingest two or more of the
magnets, the magnetic forces pull the
magnets together, and the magnets
pinch or trap the intestinal walls or
other digestive tissue between them,
resulting in acute and long-term health
consequences. Although magnet sets
have only been available since 2008, we
have determined that an estimated 1,700
ingestions of magnets from magnet sets
were treated in emergency departments
between January 1, 2009 and December
31, 2011.
To address the unreasonable risks of
serious injury associated with these
magnet sets, the Commission is issuing
this notice of proposed rulemaking
(NPR), which would prohibit such
magnet sets. Under the proposal, if a
magnet set contains a magnet that fits
within the CPSC’s small parts cylinder,
magnets from that set would be required
to have a flux index of 50 or less, or they
would be prohibited. The flux index
would be determined by the method
described in ASTM F963–11, Standard
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SUMMARY:
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Consumer Safety Specification for Toy
Safety.
The Commission solicits written
comments concerning the risks of injury
associated with these magnet sets, the
regulatory alternatives discussed in this
NPR, other possible ways to address
these risks, and the economic impacts of
the various regulatory alternatives. This
proposed rule is issued under the
authority of the Consumer Product
Safety Act (CPSA).
DATES: Written comments in response to
this document must be received by the
Commission no later than November 19,
2012.
ADDRESSES: You may submit comments,
identified by Docket No. CPSC–2012–
0050, by any of the following methods:
Submit electronic comments in the
following way:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
To ensure timely processing of
comments, the Commission is no longer
accepting comments submitted by
electronic mail (email), except through
www.regulations.gov.
Submit written submissions in the
following way:
Mail/Hand delivery/Courier (for
paper, disk, or CD–ROM submissions),
preferably in five copies, 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, including any personal
identifiers, contact information, or other
personal information provided, to
https://www.regulations.gov. Do not
submit confidential business
information, trade secret information, or
other sensitive or protected information
electronically. Such information should
be submitted in writing.
FOR FURTHER INFORMATION CONTACT:
Jonathan D. Midgett, Ph.D., Project
Manager, Office of Hazard Identification
and Reduction, Consumer Product
Safety Commission, 4330 East West
Highway, Bethesda, MD 20814–4408;
telephone: (301) 504–7692, or email:
jmidgett@cpsc.gov.
SUPPLEMENTARY INFORMATION:
A. Background
The Commission is proposing a safety
standard that would prohibit magnet
sets that have been involved in serious
injuries. The Commission believes that
this proposed rule is necessary to
address an unreasonable risk of injury
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53781
and death associated with these magnet
sets.
1. History With Magnetic Toys
In the mid-2000s, construction toys
for children featuring small, powerful
magnets were introduced into the toy
market. Several children’s magnetic
construction toys were recalled because
the magnets detached from the plastic
housing of the toy. (Release #07–164).
We received reports of incidents in
which children and infants had
swallowed the small magnets that had
detached from such toys. In some
incidents, children swallowed intact
magnetic components that were small
parts.1 These incidents revealed that if
a child swallows more than one small,
powerful magnet or one such magnet
and a ferromagnetic object, the objects
can attract each other across tissue
inside the stomach and intestines and
cause perforations and/or blockage,
which, if not treated immediately, can
be fatal. We are aware of one death and
numerous cases requiring intestinal
surgery following ingestion of multiple
small, powerful magnets from these
toys.
To address the hazard in toys, the
CPSC worked with ASTM to develop
voluntary standard requirements for
toys containing magnets. These
requirements became part of ASTM
F963, Consumer Safety Specification for
Toy Safety, which is now a mandatory
CPSC standard. ASTM F963–11 defines
a ‘‘hazardous magnet’’ and a ‘‘hazardous
magnetic component’’ (i.e., a toy piece
that contains an embedded hazardous
magnet) as one that has a flux index
greater than 50 and that is a small
object. ASTM F963 applies to toys
intended for children under 14 years of
age. The flux index of a magnet is an
empirical value developed by ASTM as
a way to estimate the attraction force of
a magnet. The ASTM working group
established a flux index of 50 as a cutoff
for what it considered to be a ‘‘safe’’
magnet, based on measurements of toys
on the market. Most of the measured
magnets were cylindrical in shape, and
some had been involved in known
incidents. When the ASTM graphed
their measurements, they showed a
good correlation (fairly linear
relationship) between calculated flux
index and measured attraction force for
1 The requirements of 16 CFR part 1501 are
intended to minimize the hazards from choking,
ingestion, or inhalation to children under 36
months of age created by small objects. The
requirements state, in part, that no toy (including
removable, liberated components, or fragments of
toys) shall be small enough without being
compressed to fit entirely within a cylinder of the
specified dimensions.
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]]>Agencies
[Federal Register Volume 77, Number 171 (Tuesday, September 4, 2012)]
[Proposed Rules]
[Pages 53780-53781]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21704]
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DEPARTMENT OF COMMERCE
Minority Business Development Agency
15 CFR Part 1400
[Docket No. 120517080-2402-04]
Petition for Inclusion of the Arab-American Community in the
Groups Eligible for MBDA Services
AGENCY: Minority Business Development Agency, Commerce.
ACTION: Notice of proposed rulemaking and request for comments;
amendment.
-----------------------------------------------------------------------
SUMMARY: The Minority Business Development Administration publishes
this notice to extend the date on which it plans to make its decision
on a petition from the American-Arab Anti-Discrimination Committee
requesting formal designation from August 30, 2012 to November 30,
2012.
FOR FURTHER INFORMATION CONTACT: For further information about this
Notice, contact Josephine Arnold, Minority Business Development Agency,
1401 Constitution Avenue NW., Room 5053, Washington, DC 20230, (202)
482-2332.
SUPPLEMENTARY INFORMATION: On May 30, 2012, the Minority Business
Development Agency (MBDA) published a notice of proposed rulemaking and
request for comments regarding a petition received on January 11, 2012
from the American-Arab Anti-Discrimination Committee (ADC) requesting
formal designation of Arab-Americans as a minority group that is
socially or economically disadvantaged pursuant to 15 CFR Part 1400.
The Notice included a thirty-day comment period that ended on June 29,
2012, but also stated that MBDA will make a decision on the petition no
later than June 27, 2012. On June 12, 2012, MBDA published a notice in
the Federal Register extending the date for making its decision to July
30, 2012. On August 3, 2012, MBDA published a second amendment to
extend the deadline for the decision until August 30, 2012, to allow
MBDA to complete its independent review and analysis of the issues
raised in the petition and comments received to the petition. The
Agency has determined that further analysis of the information
collected during its independent review is necessary to ensure a
reasoned and sound decision. Therefore, MBDA is extending, for an
additional ninety (90) day period, its consideration of the issues
addressed in the petition and the information presented by MBDA's
independent review. The Agency will
[[Page 53781]]
make its decision on the petition on or before November 30, 2012. This
extension will not prejudice the petitioner.
Minority Business Development Agency.
David Hinson,
National Director.
[FR Doc. 2012-21704 Filed 8-31-12; 8:45 am]
BILLING CODE 3510-21-P
