[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]


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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.

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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