Rule2026-03307
Eliminating Obsolete Marking Requirements for Toy, Look-Alike, and Imitation Firearms
Primary source
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Published
February 19, 2026
Effective
February 19, 2026
Issuing agencies
Commerce DepartmentNational Institute of Standards and Technology
Abstract
By this rule, NIST removes its regulation setting forth marking requirements for toy, look-alike, and imitation firearms. Pursuant to statutory amendments made by the CHIPS and Science Act of 2022, the subject regulation now lacks an underlying statutory authorization and has been rendered obsolete by the new, operative marking requirements issued by the Consumer Product Safety Commission (CPSC). The removal of the subject NIST regulation is therefore necessary to reflect the current state of the underlying law and to eliminate obsolete regulatory language. This action is intended to minimize the risk of public confusion regarding the applicable marking requirements and governing authority for toy, look-alike, and imitation firearms and to promote administrative efficiency.
Full Text
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<title>Federal Register, Volume 91 Issue 33 (Thursday, February 19, 2026)</title>
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[Federal Register Volume 91, Number 33 (Thursday, February 19, 2026)]
[Rules and Regulations]
[Pages 7824-7825]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03307]
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DEPARTMENT OF COMMERCE
National Institute of Standards and Technology
15 CFR Part 272
[Docket No. 260210-0043]
RIN 0693-AB73
Eliminating Obsolete Marking Requirements for Toy, Look-Alike,
and Imitation Firearms
AGENCY: National Institute of Standards and Technology (NIST),
Department of Commerce (Department).
ACTION: Final rule.
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SUMMARY: By this rule, NIST removes its regulation setting forth
marking requirements for toy, look-alike, and imitation firearms.
Pursuant to statutory amendments made by the CHIPS and Science Act of
2022, the subject regulation now lacks an underlying statutory
authorization and has been rendered obsolete by the new, operative
marking requirements issued by the Consumer Product Safety Commission
(CPSC). The removal of the subject NIST regulation is therefore
necessary to reflect the current state of the underlying law and to
eliminate obsolete regulatory language. This action is intended to
minimize the risk of public confusion regarding the applicable marking
requirements and governing authority for toy, look-alike, and imitation
firearms and to promote administrative efficiency.
DATES: The rule is effective February 19, 2026.
FOR FURTHER INFORMATION CONTACT: Daniel Sweeney, Senior Counsel, Office
of the General Counsel, at (202) 482-1395.
SUPPLEMENTARY INFORMATION: This action eliminates NIST's regulation at
15 CFR part 272, which sets forth various marking requirements for toy,
look-alike, and imitation firearms. Part 272 was promulgated by a final
rule published on May 5, 1989 (54 FR 19358), to implement Section 4 of
the Federal Energy Management Improvement Act of 1988 (Pub. L. 100-
615), codified at 15 U.S.C. 5001. In 2022, as part of the CHIPS and
Science Act, Section 4 was amended to replace the Department (and NIST)
with CPSC as the relevant agency. See Public Law 117-167, 136 Stat.
1366, 1492. CPSC has since promulgated the new, operative marking
requirements for toy, look-alike, and imitation firearms at 16 CFR part
1272. In sum, NIST's regulation at 15 CFR part 272 is now no longer
authorized by the underlying statute, and it also has been rendered
obsolete by CPSC's regulation at 16 CFR part 1272. The elimination of
15 CFR part 272 is therefore necessary to reflect Congress's amendment
of 15 U.S.C. 5001, to remove outdated and obsolete regulatory language,
and to minimize the risk of public confusion regarding the status and
applicability of both 15 CFR part 272 and 16 CFR part 1272.
Regulatory Classifications
A. Administrative Procedure Act
Pursuant to 5 U.S.C. 553(b)(B), the Department finds good cause to
waive the prior notice and opportunity for public participation
requirements of the Administrative Procedure Act for this final rule.
The Department considers this rule to be uncontroversial, and has
determined that prior notice and opportunity for public participation
is unnecessary, because this rule only removes a regulation that lacks
a valid statutory authorization, no longer serves any purpose, and
poses some risk of confusing the public; public participation would not
justify the continued maintenance of 15 CFR part 272 under the
Department's regulatory policy. For the same reason, the Department has
determined that delaying the effectiveness of this elimination would be
contrary to the public interest. Eliminating part 272, an obsolete
regulation that poses some risk of confusion, will immediately benefit
the public at little to no cost. The Department therefore finds good
cause to waive the public notice and comment period under 553(b)(B) and
to waive the 30-day delay in effectiveness under 553(d).
B. Executive Orders 12866, 14192, and 13132
The Office of Management and Budget has determined this rule is not
significant pursuant to Executive Order (E.O.) 12866. This rule is an
E.O. 14192 deregulatory action. This rule does not contain policies
having federalism implications as the term is defined in E.O. 13132.
C. Regulatory Flexibility Act
Because a notice of proposed rulemaking and an opportunity for
public participation are not required to be given for this rule by 5
U.S.C. 553(b)(B), the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly,
no regulatory flexibility analysis is required, and none has been
prepared.
D. Paperwork Reduction Act
This rule will not impose additional reporting or recordkeeping
requirements under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501,
et seq.
[[Page 7825]]
List of Subjects for 15 CFR Part 272
Labeling, Consumer protection, Safety.
Alicia Chambers,
NIST Executive Secretariat.
PART 272--[REMOVED AND RESERVED]
0
Accordingly, for the reasons set forth above and under the authority of
15 U.S.C. 277, part 272 of title 15 of the Code of Federal Regulations
is removed and reserved.
[FR Doc. 2026-03307 Filed 2-18-26; 8:45 am]
BILLING CODE 3510-13-P
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</html>Indexed from Federal Register on February 19, 2026.
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