Safety Standard for Magnet Sets; Removal of Final Rule Vacated by Court, 12716-12717 [2017-04381]
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12716
Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Rules and Regulations
History
On December 9, 2016, the FAA
published in the Federal Register (81FR
89012) FAA–2016–6661, a notice of
proposed rulemaking (NPRM) to
establish Class E Airspace extending
upward from 700 feet above the surface
at Little Pecan Island Airport, Grand
Chenier, LA. Interested parties were
invited to participate in this rulemaking
effort by submitting written comments
on the proposal to the FAA. No
comments were received.
Class E airspace designations are
published in paragraph 6005 of FAA
Order 7400.11A, dated August 3, 2016,
and effective September 15, 2016, which
is incorporated by reference in 14 CFR
71.1. The Class E airspace designations
listed in this document will be
published subsequently in the Order.
Availability and Summary of
Documents for Incorporation by
Reference
This document amends FAA Order
7400.11A, Airspace Designations and
Reporting Points, dated August 3, 2016,
and effective September 15, 2016. FAA
Order 7400.11A is publicly available as
listed in the ADDRESSES section of this
document. FAA Order 7400.11A lists
Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting
points.
jstallworth on DSK7TPTVN1PROD with RULES
The Rule
This amendment to Title 14, Code of
Federal Regulations (14 CFR) part 71
establishes Class E airspace extending
upward from 700 feet above the surface
within a 6-mile radius of Little Pecan
Island Airport, Grand Chenier, LA, to
accommodate new standard instrument
approach procedures. Controlled
airspace is needed for the safety and
management of IFR operations at the
airport.
Class E airspace areas are published
in Section 6005 of FAA Order 7400.11A,
dated August 3, 2016, and effective
September 15, 2016, which is
incorporated by reference in 14 CFR
71.1. The Class E airspace designation
listed in this document will be
published subsequently in the Order.
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current, is non-controversial and
unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
VerDate Sep<11>2014
13:51 Mar 06, 2017
Jkt 241001
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
Regulatory Evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
Environmental Review
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11A,
Airspace Designations and Reporting
Points, dated August 3, 2016, and
effective September 15, 2016, is
amended as follows:
■
Paragraph 6005: Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
ASW LA E5
*
*
Grand Chenier, LA [NEW]
Little Pecan Island Airport, LA
(Lat. 29°47′59″ N., long. 092°48′13″ W.)
That airspace extending upward from 700
feet above the surface within a 6-mile radius
of Little Pecan Island Airport
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[FR Doc. 2017–04452 Filed 3–6–17; 8:45 am]
BILLING CODE 4910–13–P
CONSUMER PRODUCT SAFETY
COMMISSION
[Docket No. CPSC–2012–0050]
16 CFR Part 1240
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 5-6.5a. This airspace action is
not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
§ 71.1
Issued in Fort Worth, Texas, on February
28, 2017.
Robert L. Beck,
Manager, Operations Support Group, ATO
Central Service Center.
Safety Standard for Magnet Sets;
Removal of Final Rule Vacated by
Court
Consumer Product Safety
Commission.
ACTION: Final rule.
AGENCY:
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: tstevenson@cpsc.gov.
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 kG2 mm2 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
SUMMARY:
E:\FR\FM\07MRR1.SGM
07MRR1
Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Rules and Regulations
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]
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
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
jstallworth on DSK7TPTVN1PROD with RULES
18 CFR Part 11
Annual Update to Fee Schedule for the
Use of Government Lands by
Hydropower Licensees
Federal Energy Regulatory
Commission.
AGENCY:
13:51 Mar 06, 2017
In accordance with of the
Commission’s regulations, the
Commission, by its designee, the
Executive Director, issues this annual
update to the fee schedule in the
appendix to the part, which lists peracre rental fees by county (or other
geographic area) for use of government
lands by hydropower licensees.
DATES: This rule is effective March 7,
2017. Updates to appendix A to part 11
with the fee schedule of per-acre rental
fees by county (or other geographic area)
are applicable from October 1, 2016,
through September 30, 2017 (Fiscal Year
2017).
FOR FURTHER INFORMATION CONTACT:
Norman Richardson, Financial
Management Division, Office of the
Executive Director, Federal Energy
Regulatory Commission, 888 First Street
NE., Washington, DC 20426, (202) 502–
6219, Norman.Richardson@ferc.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Issued: February 28, 2017.
Anton C. Porter,
Executive Director, Office of the Executive
Director.
In consideration of the foregoing, the
Commission amends part 11, chapter I,
title 18, Code of Federal Regulations, as
follows.
PART 11—[AMENDED]
1. The authority citation for part 11
continues to read as follows:
■
Authority: 16 U.S.C. 792–828c; 42 U.S.C.
7101–7352.
2. Appendix A to part 11 is revised to
read as follows:
■
Appendix A to Part 11—Fee Schedule
for FY 2017
State
County
Alabama ..........
Autauga .....................
Baldwin ......................
Barbour ......................
Bibb ............................
Blount .........................
Bullock .......................
Butler .........................
Calhoun .....................
Chambers ..................
Cherokee ...................
Chilton ........................
Choctaw .....................
Clarke ........................
Clay ............................
Cleburne ....................
Coffee ........................
Colbert .......................
Conecuh ....................
Coosa ........................
Covington ...................
Crenshaw ...................
Cullman ......................
Dale ...........................
Dallas .........................
DeKalb .......................
Elmore .......................
Escambia ...................
Etowah .......................
Fayette .......................
Franklin ......................
Geneva ......................
Greene .......................
Hale ...........................
Henry .........................
Houston .....................
Jackson ......................
Jefferson ....................
Lamar .........................
Lauderdale .................
Lawrence ...................
Lee .............................
Limestone ..................
Lowndes ....................
Macon ........................
Madison .....................
Marengo .....................
Marion ........................
Marshall .....................
Mobile ........................
Monroe .......................
Montgomery ...............
Morgan .......................
Perry ..........................
Pickens ......................
Pike ............................
Randolph ...................
Annual Update to Fee Schedule
Section 11.2 of the Commission’s
regulations provides a method for
computing reasonable annual charges
for recompensing the United States for
the use, occupancy, and enjoyment of
its lands by hydropower licensees.1
Annual charges for the use of
government lands are payable in
advance, and are based on an annual
schedule of per-acre rental fees
published in appendix A to part 11 of
the Commission’s regulations.2 This
document updates the fee schedule in
appendix A to part 11 for fiscal year
2017 (October 1, 2016, through
September 30, 2017).
Effective Date
This Final Rule is effective March 7,
2017. The provisions of 5 U.S.C. 804,
regarding Congressional review of final
rules, do not apply to this Final Rule
because the rule concerns agency
procedure and practice and will not
substantially affect the rights or
obligations of non-agency parties. This
Final Rule merely updates the fee
schedule published in the Code of
Federal Regulations to reflect scheduled
adjustments, as provided for in section
11.2 of the Commission’s regulations.
List of Subjects in 18 CFR Part 11
Public lands.
[Docket No. RM11–6–000]
VerDate Sep<11>2014
Final rule; annual update to fee
schedule.
ACTION:
Jkt 241001
By the Executive Director.
1 Annual Charges for the Use of Government
Lands, Order No. 774, 78 FR 5256 (January 25,
2013), FERC Stats. & Regs. ¶ 31,341 (2013).
2 18 CFR part 11 (2016).
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12717
E:\FR\FM\07MRR1.SGM
07MRR1
Fee/
acre/
yr
$61.69
107.46
61.05
56.63
98.07
58.79
65.57
82.25
70.27
92.30
79.18
50.56
55.21
66.79
74.11
71.18
76.14
53.76
55.96
60.88
54.77
112.76
67.77
49.54
102.33
85.72
61.32
96.08
57.34
56.80
58.35
54.81
56.46
60.34
70.30
70.54
121.70
39.89
80.19
82.58
101.92
109.82
46.61
66.35
100.30
48.13
59.97
102.36
109.68
53.12
70.84
100.77
47.38
55.82
61.49
75.87
]]>Agencies
[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: tstevenson@cpsc.gov.
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
