[Federal Register Volume 59, Number 83 (Monday, May 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10391]


[[Page Unknown]]

[Federal Register: May 2, 1994]


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DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

15 CFR Part 290

[Docket No. 931239-4088]
RIN 0693-AB27

 

Regional Centers for the Transfer of Manufacturing Technology

AGENCY: National Institute of Standards and Technology, Commerce.

ACTION: Final rule.

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SUMMARY: The National Institute of Standards and Technology is today 
issuing a final rule making revisions to regulations found at part 290 
of title 15 of the Code of Federal Regulations, which implement the 
Regional Centers for the Transfer of Manufacturing Technology. This 
change revises the matching fund requirements in the fifth and sixth 
years of operation to reflect program experience during the first five 
years. With this change, the maximum allowable Federal funding will be 
one third of total expenses during years five and six. This change also 
modifies the requirements for cash match. With this change, at least 
half of the match must be in cash or full-time personnel loaned to the 
operating organization.

EFFECTIVE DATE: This rule is effective on May 2, 1994.

FOR FURTHER INFORMATION CONTACT: To receive additional program 
information, contact Philip Nanzetta at (301) 975-3414.

SUPPLEMENTARY INFORMATION: On January 27, 1994, the National Institute 
of Standards and Technology published a notice of proposed rulemaking 
in the Federal Register (59 FR 3803). No comments were received in 
response to this notice. Accordingly, the National Institute of 
Standards and Technology announces changes to the matching funds 
requirements for the Regional Centers for the Transfer of Manufacturing 
Technology (Manufacturing Technology Centers, MTC) program found at 
Part 290 of title 15 of the Code of Federal Regulations. The MTC 
program provides financial and technical assistance to regional centers 
(MTCs) which work directly with small and medium sized manufacturing 
firms to advance their level of manufacturing technology. The MTCs are 
selected on a competitive basis in accordance with the regulation at 15 
CFR part 290.
    Part of the funding for each MTC is provided by a Federal 
cooperative agreement and the balance (the ``match'') is provided 
through a variety of means by the operating organization. The match is 
generally provided as a combination on non-Federal public funds or in-
kind match, contributions of cash or in-kind resources from private 
sources, and earned income of the MTC. The authorizing legislation 
allows Federal funding of up to half the total budget (cash and in-
kind) in the first three years and requires that the Secretary adopt 
regulations which specify a declining level of Federal support during 
the next three years. The regulation, prior to the change announced 
today, specified those maximum funding levels to be 40 percent, 30 
percent, and 20 percent in years four through six respectively. The 
changes made today to Part 290 specify those maximum funding levels to 
be 40 percent, \1/3\, and \1/3\ in years four through six respectively.
    Also, the regulation had required that 55 percent of the match be 
in cash or full-time personnel. The changes made today to Part 290 
specify that half of the match be in cash or full-time personnel, 
effective immediately. This immediate effective date is different from 
what NIST had proposed in the notice of January 27. In the January 27 
notice, NIST had proposed that the relaxation of restrictions on the 
host contribution apply to all awards issued or extended after 
September 30, 1994. Since no public opposition was expressed about this 
change, and in order to avoid any possibility of confusion as to 
effective date of the revisions contained in this notice, NIST has 
decided to make all changes to part 290 effective immediately.

Classification

    This rule was determined to be not significant for purposes of 
Executive Order 12866. The General Counsel certified to the Chief 
Counsel for Advocacy, Small Business Administration, that this rule 
will not have a significant economic effect on a substantial number of 
small entities requiring a flexibility analysis under the Regulatory 
Flexibility Act because the proposed rule changes will affect only 
those governmental units that are selected to receive funding under the 
Program. The program is entirely voluntary for the participants that 
seek funding. It is not a major federal action requiring an 
environmental assessment under the National Environment Policy Act. The 
Regional Centers for the Transfer of Manufacturing Technology Program 
does not involve the mandatory payment of any matching funds from a 
state or local government, and does not affect directly any state or 
local government. Accordingly, the Technology Administration has 
determined that Executive Order 12372 is not applicable to this 
program. This notice does not contain policies with Federalism 
implications sufficient to warrant preparation of a Federalism 
assessment under Executive Order 12612. Since the rule relieves funding 
restrictions that had previously been imposed on funding recipients, 
under section 553(d) of the Administrative Procedure Act (5 U.S.C. 
553(d)) it may and is being made effective without a 30 day delay in 
effective date.

List of Subjects in 15 CFR Part 290

    Science and technology, Business and industry, Small business.

    Dated: April 20, 1994.
Samuel Kramer,
Associate Director, National Institute of Standards and Technology.

    For reasons set forth in the preamble, title 15, part 290 of the 
Code of Federal Regulations is amended as follows:

PART 290--REGIONAL CENTERS FOR THE TRANSFER OF MANUFACTURING 
TECHNOLOGY

    1. The authority section for part 290 is revised to read as 
follows:

    Authority: 15 U.S.C. 278k.

    2. Section 290.4 is amended by revising Table 1 in paragraph (b) 
and paragraph (c)(5) to read as follows:


Sec. 290.4  Terms and Schedule of Financial Assistance.

* * * * *
    (b) * * *

                Table 1.--Schedule of NIST Matching Funds               
------------------------------------------------------------------------
                                                           Maximum NIST 
                Year of center operation                       share    
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1-3.....................................................           \1/2\
4.......................................................           \2/5\
5-6.....................................................           \1/3\
------------------------------------------------------------------------

    (c) * * *
    (5) In-kind contribution of part-time personnel, equipment, 
software, rental value of centrally located space (office and 
laboratory) and other related contributions up to a maximum of one-half 
of the host's annual share. Allowable capital expenditures may be 
applied in the award year expended or in subsequent award years.

[FR Doc. 94-10391 Filed 4-29-94; 8:45 am]
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