[Federal Register Volume 78, Number 15 (Wednesday, January 23, 2013)]
[Rules and Regulations]
[Pages 4764-4766]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27466]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Institute of Standards and Technology
15 CFR Chapter II, Parts 272 and 273
National Technical Information Service
15 CFR Chapter XI, Parts 1150, 1160, and 1170
National Institute of Standards and Technology
37 CFR Chapter IV, Parts 401 and 404
Under Secretary for Technology
37 CFR Chapter V, Part 501
[Docket No: 080723893-2238-01]
RIN 0693-AB60
Redelegations of Authority Resulting From the America COMPETES
Act
AGENCY: National Institute of Standards and Technology, National
Technical Information Service, and Under Secretary for Technology,
United States Department of Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Under Secretary of Commerce for Standards and Technology,
U.S. Department of Commerce, issues a final rule that amends
regulations to reflect the abolishment of the Technology Administration
and the resulting redelegations of authority.
DATES: This rule is effective on January 23, 2013. The incorporation by
reference of certain publications listed in the rule is approved by the
Director of the Federal Register as of January 23, 2013.
FOR FURTHER INFORMATION CONTACT: Henry Wixon, Chief Counsel for NIST,
National Institute of Standards and Technology, Mail Stop 1052,
Gaithersburg, MD 20899-1052, telephone: (301) 975-2803.
SUPPLEMENTARY INFORMATION:
Background
On August 9, 2007, the President signed into law the America
COMPETES Act (Pub. L. 110-69) (``COMPETES Act''). In part, the COMPETES
Act amended the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3704) by abolishing the Technology Administration and repealing
certain authorities of the Under Secretary for Technology. The
Secretary of Commerce has redelegated the remaining authorities of the
Under Secretary for Technology through a memorandum issued on November
14, 2007. This rule revises the pertinent regulations to reflect the
changes in authorities as well as updates addresses and standards
referenced in the regulations.
Additional Information
Executive Order 12866
This rule has been determined not to be significant under section
3(f) of Executive Order 12866.
Executive Order 12612
This rule does not contain policies with Federalism implications
sufficient to warrant preparation of a Federalism assessment under
Executive Order 12612.
Administrative Procedure Act
Prior notice and an opportunity for public comment are not required
for this rule of agency organization, procedure, or practice. 5 U.S.C.
553(b)(A).
Regulatory Flexibility Act
Because notice and comment are not required under 5 U.S.C. 553, or
any other law, the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are inapplicable. As such, a
regulatory flexibility analysis is not required, and none has been
prepared.
Paperwork Reduction Act
Notwithstanding any other provision of the law, no person is
required to, nor shall any person be subject to penalty for failure to
comply with, a collection of information, subject to the requirements
of the Paperwork Reduction Act, unless that collection of information
displays a currently valid OMB Control Number.
There are no collections of information involved in this
rulemaking.
National Environmental Policy Act
This rule will not significantly affect the quality of the human
environment. Therefore, an environmental assessment or Environmental
Impact Statement is not required to be prepared under the National
Environmental Policy Act of 1969.
List of Subjects
15 CFR Part 272
Arms and munitions, Incorporation by reference, Labeling, Toys,
Transportation.
15 CFR Part 273
Metric system.
[[Page 4765]]
15 CFR Part 1150
Arms and munitions, Incorporation by reference, Labeling, Toys,
Transportation.
15 CFR Part 1160
Business and industry, Research, Science and technology.
15 CFR Part 1170
Metric system.
37 CFR Part 401
Administrative practice and procedure, Government contracts, Grant
programs, Inventions and patents, Nonprofit organizations, Small
businesses.
37 CFR Part 404
Inventions and patents, Reporting and recordkeeping requirements.
37 CFR Part 501
Administrative practice and procedure, Government employees,
Inventions and patents.
Dated: November 2, 2012.
Patrick Gallagher,
Under Secretary of Commerce for Standards and Technology.
For the reasons set forth in the preamble, under the authority of
the America COMPETES Act, Public Law 110-69; the National Institute of
Standards and Technology Reauthorization Act of 2010, Public Law 111-
358; and 15 U.S.C. 277, 15 CFR chapters II and XI and 37 CFR chapters
IV and V are amended as follows:
Title 15--Commerce and Foreign Trade
CHAPTER II--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, DEPARTMENT
OF COMMERCE
0
1a. The heading of Subchapter H of Chapter II is added to read as
follows:
SUBCHAPTER H--MARKING OF TOY, LOOK-ALIKE AND IMITATION FIREARMS
0
1b. The heading of Subchapter I of Chapter II is added to read as
follows:
SUBCHAPTER I--METRIC CONVERSION POLICY FOR FEDERAL AGENCIES
0
1c. The heading of Chapter XI is revised to read as follows:
CHAPTER XI--NATIONAL TECHNICAL INFORMATION SERVICE, DEPARTMENT OF
COMMERCE
PART 1150--MARKING OF TOY, LOOK-ALIKE AND IMITATION FIREARMS
0
1d. The authority citation for Title 15, part 1150 continues to read as
follows:
Authority: Section 4 of the Federal Energy Management
Improvement Act of 1988, 15 U.S.C. 5001.
0
2. Redesignate Title 15, part 1150 as title 15, part 272 and transfer
to Chapter II, Subchapter H.
0
3. Newly redesignated Sec. 272.1 is amended by revising paragraph (b)
to read as follows:
Sec. 272.1 Applicability.
* * * * *
(b) Traditional B-B, paint-ball, or pellet-firing air guns that
expel a projectile through the force of compressed air, compressed gas
or mechanical spring action, or any combination thereof, as described
in American Society for Testing and Materials standard F 589-85,
Standard Consumer Safety Specification for Non-Powder Guns, June 28,
1985. This incorporation by reference was approved by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies may be obtained from the IHS Inc., 15 Inverness Way East,
Englewood, CO 80112, www.global.ihs.com, Phone: 800.854.7179 or
303.397.7956, Fax: 303.397.2740, Email: global@ihs.com. A copy is
available for inspection in the Office of the Chief Counsel for NIST,
National Institute of Standards and Technology, Telephone: (301) 975-
2803, or at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
* * * * *
0
4. Newly redesignated Sec. 272.2 is revised to read as follows:
Sec. 272.2 Prohibitions.
No person shall manufacture, enter into commerce, ship, transport,
or receive any toy, look-alike, or imitation firearm (``device'')
covered by this part as set forth in Sec. 272.1 unless such device
contains, or has affixed to it, one of the markings set forth in Sec.
272.3, or unless this prohibition has been waived by Sec. 272.4.
0
5. Newly redesignated Sec. 272.3 is amended by revising paragraphs (a)
and (b) and adding paragraph (e) to read as follows:
Sec. 272.3 Approved markings.
* * * * *
(a) A blaze orange (Fed-Std-595B 12199) or orange color brighter
than that specified by the federal standard color number, solid plug
permanently affixed to the muzzle end of the barrel as an integral part
of the entire device and recessed no more than 6 millimeters from the
muzzle end of the barrel.
(b) A blaze orange (Fed-Std-595B 12199) or orange color brighter
than that specified by the Federal Standard color number, marking
permanently affixed to the exterior surface of the barrel, covering the
circumference of the barrel from the muzzle end for a depth of at least
6 millimeters.
* * * * *
(e) This incorporation by reference was approved by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies of Federal Standard 595B, December 1989, color number 12199
(Fed-Std-595B 12199), may be obtained from the General Services
Administration at General Services Administration, Federal Acquisition
Service, FAS Office of General Supplies and Services, Engineering and
Cataloging Division (QSDEC) Arlington, VA 22202 or at the General
Services Administration Web site at: http://apps.fas.gsa.gov/pub/fedspecs/. A copy may be inspected in the Office of the Chief Counsel
for NIST, National Institute of Standards and Technology, Telephone:
(301) 975-2803 or at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA,
call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
0
6. Newly redesignated Sec. 272.4 is revised to read as follows:
Sec. 272.4 Waiver.
The prohibitions set forth in Sec. 272.2 may be waived for any
toy, look-alike or imitation firearm that will be used only in the
theatrical, movie or television industry. A request for such a waiver
should be made, in writing, to the Chief Counsel for NIST, National
Institute of Standards and Technology, 100 Bureau Drive, Mail Stop
1052, Gaithersburg, Maryland 20899-1052. The request must include a
sworn affidavit which states that the toy, look-alike, or imitation
firearm will be used only in the theatrical, movie or television
industry. A sample of the item must be included with the request.
PART 1160--[REMOVED]
0
7. Remove Title 15, part 1160.
PART 1170--METRIC CONVERSION POLICY FOR FEDERAL AGENCIES
0
8. The authority citation for Title 15, part 1170 is revised to read as
follows:
Authority: 15 U.S.C. 1512 and 3710, 15 U.S.C. 205a, DOO 30-2A.
[[Page 4766]]
0
9. Redesignate Title 15, part 1170 as Title 15, part 273 and transfer
to Chapter II, Subchapter I.
0
10. Newly redesignated Sec. 273.3 is amended by revising paragraph (a)
to read as follows:
Sec. 273.3 General policy.
* * * * *
(a) The Director of the National Institute of Standards and
Technology will assist in coordinating the efforts of Federal agencies
in meeting their obligations under the Metric Conversion Act, as
amended.
* * * * *
Title 37--Patents, Trademarks, and Copyrights
0
11. The heading of Title 37, Chapter IV is revised to read as follows:
CHAPTER IV--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, DEPARTMENT
OF COMMERCE
PART 401--RIGHTS TO INVENTIONS MADE BY NONPROFIT ORGANIZATIONS AND
SMALL BUSINESS FIRMS UNDER GOVERNMENT GRANTS, CONTRACTS, AND
COOPERATIVE AGREEMENTS
0
12. The authority citation for Title 37, part 401 is revised to read as
follows:
Authority: 35 U.S.C. 206; DOO 30-2A.
0
13. Section 401.2 is amended by revising paragraph (j) to read as
follows:
Sec. 401.2 Definitions.
* * * * *
(j) The term Secretary means the Director of the National Institute
of Standards and Technology.
* * * * *
0
14. Section 401.17 is revised to read as follows:
Sec. 401.17 Submissions and inquiries.
All submissions or inquiries should be directed to the Chief
Counsel for NIST, National Institute of Standards and Technology, 100
Bureau Drive, Mail Stop 1052, Gaithersburg, Maryland 20899-1052;
telephone: (301) 975-2803; email: nistcounsel@nist.gov.
PART 404--LICENSING OF GOVERNMENT OWNED INVENTIONS
0
15. The authority citation for Title 37, part 404 is revised to read as
follows:
Authority: 35 U.S.C. 207-209, DOO 30-2A.
CHAPTER V--UNDER SECRETARY FOR TECHNOLOGY, DEPARTMENT OF COMMERCE
0
16. Title 37, parts 500-599 are transferred from Title 37, Chapter V,
to Title 37, Chapter IV.
0
17. Title 37, Chapter V is removed and reserved.
PART 501--UNIFORM PATENT POLICY FOR RIGHTS IN INVENTIONS MADE BY
GOVERNMENT EMPLOYEES
0
18. The authority citation for Title 37, part 501 is revised to read as
follows:
Authority: Sec. 4, E.O. 10096, 3 CFR, 1949-1953 Comp., p. 292,
as amended by E.O. 10930, 3 CFR, 1959-1963 Comp., p. 456 and by E.O.
10695, 3 CFR, 1954-1958 Comp., p. 355, DOO 30-2A.
0
19. Section 501.3 is amended by revising paragraph (a) to read as
follows:
Sec. 501.3 Definitions.
(a) The term Secretary, as used in this part, means the Director of
the National Institute of Standards and Technology.
* * * * *
0
20. Section 501.11 is revised to read as follows:
Sec. 501.11 Submissions and inquiries.
All submissions or inquiries should be directed to the Chief
Counsel for NIST, National Institute of Standards and Technology, 100
Bureau Drive, Mail Stop 1052, Gaithersburg, MD 20899-1052; telephone:
(301) 975-2803; email: nistcounsel@nist.gov.
[FR Doc. 2012-27466 Filed 1-22-13; 8:45 am]
BILLING CODE 3510-13-P