[Federal Register Volume 68, Number 242 (Wednesday, December 17, 2003)]
[Rules and Regulations]
[Pages 70140-70141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31127]


=======================================================================
-----------------------------------------------------------------------

CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1500


Exemptions From Classification as a Banned Toy or Other Banned 
Article for Use by Children; Dive Sticks; Correction

AGENCY: Consumer Product Safety Commission.

ACTION: Final rule; Correction.

-----------------------------------------------------------------------

SUMMARY: This document corrects a citation error in the regulation that 
states certain requirements dive sticks must meet in order not to be 
banned hazardous substances. The Consumer Product Safety Commission is 
issuing this revision to correct an erroneous paragraph designation to 
the banning rule.

DATES: This rule is effective on December 17, 2003.

FOR FURTHER INFORMATION CONTACT: Patricia M. Pollitzer, Office of the 
General Counsel, Consumer Product Safety Commission, Washington, DC 
20207; telephone (301) 504-7634; e-mail [email protected].

Supplementary Information: 

The Correction

    On March 7, 2001, the Commission issued a final rule banning dive 
sticks that did not meet specified requirements. 66 FR 13645. That rule 
amended 16 CFR 1500.86(a) to add dive sticks that meet the specified 
requirements to the list of articles exempted from classification as a 
banned toy or other article intended for use by children. A citation in 
Sec.  1500.86(a)(7) and (8) was incorrect.
    As published, the final regulation contains erroneous citations 
which may be misleading and need to be clarified.

The Administrative Procedure Act

    Section 553(b)(3)(B) of the Administrative Procedure Act (``APA'') 
authorizes an agency to dispense with notice and comment procedures 
when the agency, for good cause, finds that those procedures are 
``impracticable, unnecessary, or contrary to the public interest.'' 
This amendment corrects typographical errors and does not make any 
substantive change. Accordingly, the Commission finds that notice and 
comment on this technical correction is unnecessary.
    The APA also authorizes an agency, ``for good cause found and 
published with the rule,'' to dispense with the otherwise applicable 
requirement that a rule be published in the Federal Register at least 
30 days before its effective date. 5 U.S.C. 553(d)(3). The Commission 
hereby finds that a 30 day delay of the effective date is unnecessary 
because this technical amendment merely corrects typographical errors.

List of Subjects in 16 CFR Part 1500

    Consumer protection, Hazardous substances, Imports, Infants and 
children, Labeling, Law enforcement, and Toys.


0
Accordingly, 16 CFR part 1500 is corrected by making the following 
correcting amendments:

PART 1500--HAZARDOUS SUBSTANCES AND ARTICLES: ADMINISTRATION AND 
ENFORCEMENT REGULATIONS

0
1. The authority for part 1500 continues to read as follows:

    Authority: 15 U.S.C. 1261-1278.


Sec.  1500.86  [Amended]

0
2. In Sec.  1500.86, paragraphs (a)(7) and (a)(8) are amended by 
removing the reference ``Sec.  1500.18(a)(18)'' and adding

[[Page 70141]]

the reference ``Sec.  1500.18(a)(19)'' in its place.

    Dated: December 11, 2003.
Todd Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 03-31127 Filed 12-16-03; 8:45 am]
BILLING CODE 6355-01-P