[Federal Register Volume 61, Number 181 (Tuesday, September 17, 1996)]
[Proposed Rules]
[Pages 48872-48873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23666]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

37 CFR Part 2

[Docket No. 960828232-6232-01]
RIN 0651-AA90


Recordal Fees Associated with the Fastener Quality Act

AGENCY: Patent and Trademark Office, Commerce.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Patent and Trademark Office (PTO) is proposing to 
establish fees associated with recordation of insignias of 
manufacturers and private label distributors to ensure the traceability 
of a fastener to its manufacturer or private label distributor. This 
proposal is in accordance with provisions of the Fastener Quality Act.

DATES: Written comments must be submitted on or before October 17, 
1996. No meeting will be held.

ADDRESSES: Address written comments to the Commissioner of Patents and 
Trademarks, Washington, D.C. 20231, Attention: Lizbeth Kulick, Office 
of the Assistant Commissioner for Trademarks, 2900 Crystal Drive, 
Arlington, Va. 22202-3513 or by fax to (703) 308-7220.

FOR FURTHER INFORMATION CONTACT: Lizbeth Kulick by telephone at (703) 
308-8900, or by fax at (703) 308-7220, or by mail marked to her 
attention and addressed to the Assistant Commissioner for Trademarks, 
2900 Crystal Drive, Arlington, Va. 22202-3513.

SUPPLEMENTARY INFORMATION: The Department of Commerce issued a notice 
of proposed rulemaking to implement the Fastener Quality Act. 57 FR 
37032, Aug. 17, 1992. Under that notice, the task of recording fastener 
insignia was assigned to the PTO. 57 FR 37033-35, Aug. 17, 1992. That 
notice provided for recovery of insignia costs through user fees. 57 FR 
37035-36, Aug. 17, 1992. The PTO proposes three twenty-dollar fees to 
recover its costs associated with the insignia recordation program.

Cost Calculations

    The cost of processing an application for recordal of an insignia 
is as follows:

Compensation and Benefits.........................................1,000
Hardware and Software Costs.......................................4,500
Subtotal..........................................................5,500
General and Administrative Overhead @ 17%...........................950
Total Costs.......................................................6,450
Estimated Workload..................................................300
Fee Amount........................................................21.50
Rounded Fee.........................................................$20

    Two rules, 37 CFR Secs. 2.53 and 2.189, are being removed because 
they are not necessary. Section 2.53 specifies the manner in which 
drawings must be transmitted. Section 2.189 simply states the Office's 
policy on publishing amendments to the rules. The policy is not 
changing, but does not have to be stated as a rule.

Other Considerations

    It has determined that this rule is not significant for the 
purposes of Executive Order 12866. The information collections required 
by this proposed rule are pending approval before the Office of 
Management and Budget (OMB number 0651-0028). The affected public would 
be manufacturers and private label distributors of certain types of 
industrial fasteners. The estimated average number of responses is six 
hundred. The estimated time per response is ten minutes, so the 
estimated total annual burden is one hundred hours. The collected 
information is needed to ensure that a fastener can be traced to its 
manufacturer or private label distributor.
    This proposed fee does not require notice and comment under 5 
U.S.C. 553 or any other statute, so no analysis or certification is 
required under 5 U.S.C. 603(a).

Lists of Subjects in 37 CFR Part 2

    Administrative practice and procedure, Courts, Lawyers, Trademarks.
    For the reasons set forth in the preamble, the PTO proposes to 
amend 37 CFR part 2 as set forth below.

PART 2--RULES APPLICABLE TO TRADEMARK CASES

    1. The authority citation for part 2 continues to read as follows:

    Authority: 15 U.S.C. 1123; 35 U.S.C. 6, unless otherwise noted.

    2. Section 2.7 is added to read as follows:


Sec. 2.7  Fastener Recordal Fees.

(a) Application fee for recordal of insignia.....................$20.00
(b) Renewal of insignia recordal.................................$20.00

[[Page 48873]]

(c) Surcharge for late renewal of insignia recordal..............$20.00


Sec. 2.53  [Removed]

    3. Section 2.53 is removed.


Sec. 2.189  [Removed]

    4. Section 2.189 is and the undesignated center heading ``Amendment 
of Rules'' are removed.

    Dated: September 10, 1996.
Bruce A. Lehman,
Assistant Secretary of Commerce and Commissioner of Patents and 
Trademarks.
[FR Doc. 96-23666 Filed 9-16-96; 8:45 am]
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