15cfr1150 Marking of Toy Look-alike and Imitation Firearms

PART 1150—MAR

K ING OF TOY,

LOO

K -ALI

K

E AND IMITATION

FIREARMS

Sec.

1150.1Applicability.

1150.2Prohibitions.

1150.3Approved markings.

1150.4Waiver.

1150.5Preemption.

A UTHORITY: Section 4 of the Federal E n-ergy Management Improvement Act of 1988, 15 U.S.C. 5001.

S OURCE: 54 FR 19358, May 5, 1989, unless otherwise noted.

§1150.1Applicability.

This part applies to toy, look-alike, and imitation firearms (‘‘devices’’) having the appearance, shape, and/or configuration of a firearm and pro-duced or manufactured and entered into commerce on or after May 5, 1989, including devices modelled on real fire-arms manufactured, designed, and pro-duced since 1898. This part does not apply to:

(a) Non-firing collector replica an-tique firearms, which look authentic and may be a scale model but are not intended as toys modelled on real fire-arms designed, manufactured, and pro-duced prior to 1898;

(b) Traditional B–B, paint-ball, or pellet-firing air guns that expel a pro-jectile through the force of compressed air, compressed gas or mechanical spring action, or any combination thereof, as described in American Soci-ety for Testing and Materials standard F 589–85, Standard Consumer Safety Specification for Non-Powder Guns, June 28, 1985. This incorporation by ref-erence 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 Amer-ican Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103. Copies may be inspected at the office of the Associate Director for In-dustry and Standards, National Insti-tute for Standards and Technology, Gaithersburg, Maryland, or at the Of-fice of the Federal Register, 800 North Capitol Street, NW., suite 700, Wash-ington, DC; and

(c) Decorative, ornamental, and min-iature objects having the appearance,shape and/or configuration of a fire-arm, including those intended to be displayed on a desk or worn on brace-lets, necklaces, key chains, and so on, provided that the objects measure no more than thirty-eight (38) millimeters in height by seventy (70) millimeters in length, the length measurement ex-cluding any gun stock length measure-ment.

[57 FR 48453, Oct. 26, 1992]

§1150.2Prohibitions.

No person shall manufacture, enter into commerce, ship, transport, or re-ceive any toy, look-alike, or imitation firearm (‘‘device’’) covered by this part as set forth in §1150.1 of this part un-less such device contains, or has affixed to it, one of the markings set forth in §1150.3 of this part, or unless this pro-hibition has been waived by §1150.4 of this part.

[54 FR 19358, May 5, 1989]

§1150.3Approved markings.

The following markings are approved by the Secretary of Commerce:

(a) A blaze orange (Federal Standard 595a, February, 1987, color number 12199, issued by the General Services Administration) or orange color bright-er than that specified by the federal standard color number, solid plug per-manently affixed to the muzzle end of the barrel as an integral part of the en-tire device and recessed no more than 6 millimeters from the muzzle end of the barrel. This incorporation by reference was approved by the Director of the Federal Register in accordance with U.S.C. 552(a) and 1 CFR part 51. Copies of Federal Standard 595a may be ob-tained from the Office of E ngineering and Technical Management, Chemical Technology Division, Paints Branch, General Services Administration, Washington, DC 20406. Copies may be inspected at the office of the Associate Director for Industry and Standards, National Institute for Standards and Technology, Gaithersburg, Maryland, or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

(b) A blaze orange (Federal Standard 595a, February, 1987, color number 12199, issued by the General Services

15 CFR Ch. XI(1–1–02 Edition)§1150.4

Administration) or orange color bright-er than that specified by the Federal Standard color number, marking per-manently affixed to the exterior sur-face of the barrel, covering the circum-ference of the barrel from the muzzle end for a depth of at least 6 millime-ters. This incorporation by reference was approved by the Director for the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of Federal Standard 595a may be ob-tained from the Office of E ngineering and Technical Management, Chemical Technology Division, Paints Branch, General Services Administration, Washington, DC 20406. Copies may be inspected at the office of the Associate Director for Industry and Standards, National Institute for Standards and Technology, Gaithersburg, Maryland, or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

(c) Construction of the device en-tirely of transparent or translucent materials which permits unmistakable observation of the device’s complete contents.

(d) Coloration of the entire exterior surface of the device in white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either singly or as the predominant color in combination with other colors in any pattern.

[54 FR 19358, May 5, 1989, as amended at 57 FR 48454, Oct. 26, 1992]

§1150.4Waiver.

The prohibitions set forth in §1150.2 of this part may be waived for any toy, look-alike or imitation firearm that will be used only in the theatrical, movie or television industries. A re-quest for such a waiver should be made, in writing, to the Chief Counsel for Technology, United States Department of Commerce, Washington, DC 20230. The request must include a sworn affi-davit which states that the toy, look-alike, or imitation firearm will be used only in the theatrical, movie or tele-vision industry. A sample of the item must be included with the request.

[57 FR 48454, Oct. 26, 1992]§1150.5Preemption.

In accordance with section 4(g) of the Federal E nergy Management Improve-ment Act of 1988 (15 U.S.C. 5001(g)), the provisions of section 4(a) of that Act and the provisions of this part super-sede any provision of State or local laws or ordinances which provides for markings or identification inconsistent with the provisions of section 4 of that Act or the provisions of this part.

[54 FR 19358, May 5, 1989]

PART 1160—PRODUCTIVITY, TECHNOLOGY AND INNOVATION Subpart A—Promotion of Private Sector Industrial Technology Partnerships Sec.

1160.1Purpose.

1160.2Definitions.

1160.3Assistance to industrial technology partnerships.

1160.4Antitrust considerations.

1160.5Coordination/cooperation with other Federal agencies.

1160.6Proprietary data.

1160.7Amendment of procedures.

Subpart B—Strategic Partnership Initiative 1160.20Purpose.

1160.21Definitions.

1160.22Goal of the Strategic Partnership initiative.

1160.23Assistance in establishing Strategic Partnerships.

1160.24Antitrust considerations.

1160.25Coordination/cooperation with other federal agencies.

1160.26Proprietary data.

1160.27Amendment of procedures.

A UTHORITY: 15 U.S.C. 1512 and 3710, 15 U.S.C. 205a, DOO 10–17 and DOO 10–18.

Subpart A—Promotion of Private Sector Industrial Technology

Partnerships

S OURCE: 48 FR 52289, Nov. 17, 1983. Redesig-nated at 56 FR 41282, Aug. 20, 1991, unless otherwise noted.

§1160.1Purpose.

The purpose of this part is to estab-lish procedures under which the De-partment of Commerce will provide as-sistance for the establishment by the private sector of Industrial Technology Partnerships (as defined in §1160.2).