[Federal Register Volume 61, Number 208 (Friday, October 25, 1996)]
[Rules and Regulations]
[Page 55223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27628]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

37 CFR Part 2

[Docket No. 960828232-6294-02]
RIN 0651-AA90


Establishment of Recordal Fees Associated With the Fastener 
Quality Act

AGENCY: Patent and Trademark Office, Commerce.

ACTION: Final rule.

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SUMMARY: The Patent and Trademark Office (PTO) is amending the rules of 
practice to establish fees associated with recordation of insignia of 
manufacturers and private label distributors to ensure the traceability 
of a fastener to its manufacturer or private label distributor. This 
amendment is in accordance with the provisions of the Fastener Quality 
Act. 15 U.S.C. 5401 et seq.

EFFECTIVE DATE: November 25, 1996.

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, Virginia, 22202-3513.

SUPPLEMENTARY INFORMATION: On August 17, 1992, the Department of 
Commerce issued a notice of proposed rulemaking to implement the 
Fastener Quality Act (Act). 57 FR 37032. In that notice, the PTO was 
identified as the Office within the Commerce Department with the 
responsibility for recording the fastener insignia of manufacturers and 
private label distributors as required by Section 8 of the Act. 57 FR 
37033-35, August 17, 1992. The notice proposed that the costs of 
recording insignia be recovered by user fees. 57 FR 37035-36, August 
17, 1992.
    The PTO must publish a notice in the Federal Register of any change 
of its fees at least 30 days before the effective date thereof. 15 
U.S.C. 1113(a). On September 17, 1996, a notice of proposed rulemaking 
was published in the Federal Register, at 61 FR 48872-73, to announce 
three proposed fees of twenty dollars each, to recover costs associated 
with the insignia recordal program. The PTO has received no comments 
regarding the proposed fees.
    Additionally, the September 17th notice proposed to remove two 
rules from Part 2, 37 CFR 2.53 and 2.189, because they were deemed not 
administratively 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. This policy is not 
changing, but will no longer be stated as a rule. No comments were 
received on the proposed removal of the two rules.

Other Considerations

    This rule is not significant for the purposes of Executive Order 
12866. The Office of Management and Budget approved the information 
collections required by this rule on October 1, 1996 (OMB number 0651-
0028). This clearance expires October 31, 1999. The affected public is 
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.
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall a person be subject to a 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.
    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).

List of Subjects in 37 CFR Part 2

    Administrative practice and procedure, Courts, Lawyers, Trademarks.

    For the reasons set out in the preamble, 37 CFR Part 2 is amended 
as set forth below.

PART 2--RULES OF PRACTICE IN 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
(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 and the undesignated center heading ``Amendment of 
Rules'' are removed.

    Dated: October 23, 1996.
Bruce A. Lehman,
Assistant Secretary of Commerce and Commissioner of Patents and 
Trademarks.
[FR Doc. 96-27628 Filed 10-24-96; 8:45 am]
BILLING CODE 3510-16-P