[Federal Register Volume 64, Number 240 (Wednesday, December 15, 1999)]
[Proposed Rules]
[Pages 69969-69975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32240]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

15 CFR Part 280

[Docket No. 980623159-9316-03]
RIN 0693-AB47


Procedures for Implementation of the Fastener Quality Act

AGENCY: National Institute of Standards and Technology and the Bureau 
of Export Administration and the Patent and Trademark Office, United 
States Department of Commerce.

ACTION: Notice of proposed rulemaking; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Director of the National Institute of Standards and 
Technology (NIST), United States Department of Commerce, and the Under 
Secretary of the Bureau of Export Administration, United States 
Department of Commerce, and the Assistant Secretary of Commerce and 
Commissioner of Patents and Trademarks, United States Department of 
Commerce, request comments on proposed changes to the regulations 
pertaining to the implementation of the Fastener Quality Act (``the 
FQA'') to incorporate amendments to the FQA contained in the Fastener 
Quality Act Amendments of 1999 (``the Act''). The proposed changes 
include the elimination of testing and paperwork requirements and of 
NIST's role in evaluating and approving bodies that accredit 
laboratories and registrars. The proposed changes also set forth 
procedures under which NIST will accept petitions for approval of 
certain documents and self-declarations for accreditation bodies.
    The proposed changes amend the enforcement provisions of the 
regulations to eliminate violations that are not violations of the FQA, 
as amended and adding violations imposed by the Act. In addition, the 
proposed changes amend the recordal of insignia provisions of the 
regulations to remove all references to private label distributors and 
to provide that fasteners whose insignia must be recorded are those 
fasteners that are required by the applicable consensus standards to 
bear ``an insignia'' rather than a ``raised or depressed insignia,'' 
and that these fasteners are not subject to the recordal requirements 
if the specifications provide otherwise.

DATES: Comments must be received no later than January 14, 2000.

ADDRESSES: Comments on the proposed revisions must be submitted to: Dr. 
Subhas Malghan, Director's Office, Technology Services, National 
Institute of Standards and Technology, Mail Stop 2000, Gaithersburg, MD 
20899-2000, telephone number (301) 975-4510.

FOR FURTHER INFORMATION CONTACT: Dr. Subhas Malghan, Director's Office, 
Technology Services, National Institute of Standards and Technology, 
Mail Stop 2000, Gaithersburg, MD 20899-2000, telephone number (301) 
975-4510.

SUPPLEMENTARY INFORMATION:

Background

    The Fastener Quality Act (FQA) was originally enacted in 1990 to 
protect the public safety by: (1) Requiring that certain fasteners 
which are sold in commerce conform to the specifications to which they 
are represented to be manufactured, (2) Providing for accreditation of 
laboratories engaged in fastener testing; and (3) Requiring inspection, 
testing and certification, in accordance with standardized methods, of 
fasteners covered by the Act. Since its enactment, the FQA has been 
amended three times (Pub. L. 104-113, Pub. L. 105-234, and Pub. L. 106-
34). The Department of Commerce published final implementing 
regulations for the original FQA on September 26, 1996 and for the FQA 
as amended by Pub. L. 104-113 on September 8, 1998.
    On June 8, 1999, the Fastener Quality Act Amendments of 1999 (the 
Act) (Pub. L. 106-34, 113 Stat. 118) were enacted ``to amend the 
Fastener Quality Act to strengthen the protection against the sale of 
mismarked, misrepresented, and counterfeit fasteners and eliminate 
unnecessary requirements, and for other purposes.'' The Act made 
significant changes to the FQA. Under the Act, the Secretary retains 
his enforcement functions and the responsibility for establishing and 
maintaining an insignia recordation program, and the National Institute 
of Standards and Technology (NIST) must continue its fastener 
laboratory accreditation program established under the National 
Voluntary Laboratory Accreditation Program (15 CFR part 285). In 
addition, the Act creates new responsibilities for NIST, including: 
Acting upon petitions requesting approval of documents setting forth 
guidance/requirements for certification of manufacturing systems as 
fastener quality assurance systems by accredited third parties; acting 
upon petitions requesting approval of documents setting forth guidance/
requirements for accreditation of laboratories; and acting upon 
petitions requesting approval of documents setting forth guidance/
requirements for approval of accreditation bodies to accredit 
laboratories. NIST also must accept affirmations, in the form of self-
declarations that the accreditation bodies meet the requirements of the 
applicable Guide, from accreditation bodies accrediting third parties 
who certify manufacturing systems as fastener quality assurance systems 
and from accreditation bodies accrediting laboratories.
    The Act eliminates many of the responsibilities delegated by the 
Secretary of Commerce to NIST under the FQA, including: Establishing 
procedures for private entities (domestic and foreign) to accredit 
laboratories; establishing conditions for recognizing foreign 
laboratories accredited by their governments or organizations; 
establishing the size, selection, and integrity of samples of fasteners 
to be inspected if not provided in the standards and specifications to 
which the fasteners are manufactured; establishing a required form for 
written inspection and testing reports; establishing what entities must 
retain custody of laboratory testing reports and certificates of 
conformance and for what period of time.

Part 1: Summary of Proposed Amendments Regarding Testing and 
Certification of Fasteners, Laboratory Accreditation, and Sale of 
Fasteners

    The Fastener Quality Act Amendments of 1999 (``the Act'') repealed 
15 U.S.C. 5404 through 5406. Therefore, the Department proposes the 
repeal of the regulations implementing those sections, found at 15 CFR 
part 280

[[Page 69970]]

Sec. 280.3 through 280.16, subparts B through F and subparts I through 
L.
    Section 10(a) through 10(d) of the Act, 15 U.S.C. 5411a(a)-(d), 
establish an option for persons publishing documents related to 
certification and accreditation under the Act. Such persons may 
petition the Director for approval of such a document based upon a 
finding by the Director that the document provides equal or greater 
rigor and reliability as compared to the applicable ISO/IEC Guide. The 
Department proposes to amend the regulations by adding a new 
Sec. 280.101 to establish procedures for submitting such petitions.
    Section 10(e) of the Act, 15 U.S.C. 5411a(e), requires 
accreditation bodies accrediting third parties who certify 
manufacturing systems as fastener quality assurance systems and 
accreditation bodies accrediting laboratories to affirm to the Director 
that they meet the requirements of the applicable ISO/IEC Guide or 
another document approved by the Director pursuant to the petition 
procedure described above. The Department proposes to amend the 
regulations by adding a new Sec. 280.102 to establish procedures for 
submitting such affirmations.
    The Department proposes amending the regulations to add a new 
Sec. 280.103 to address Section 10(d) of the Act, 15 U.S.C. 5411a(d), 
which establishes that for purposes of the Act, laboratories may be 
accredited either under a voluntary laboratory accreditation program 
established by private sector person or under the National Voluntary 
Laboratory Accreditation Program.

Part 2: Summary of Proposed Amendments to Redesignated Subpart C: 
Enforcement

    The Secretary of Commerce, acting through the Under Secretary for 
Export Administration, proposes to revise subpart G, Enforcement, of 
the existing regulations by redesignating it as subpart C and making 
certain additions and deletions in order to comply with the amendments 
to the Act. Section 280.602(b) through (o) of the existing regulations 
are proposed to be deleted. In addition, knowing representation or 
falsification in connection with the sale of fasteners (prohibited by 
section 4 of the Act) and sale of fasteners without manufacturers' 
insignia (prohibited by section 5 of the Act) are proposed to be added 
as violations.

Part 3: Summary of Proposed Amendments to Redesignated Subpart D: 
Recordal of Insignia

    The Department proposes to revise newly redesignated Sec. 280.300 
to remove all references to private label distributors of fasteners. 
The requirements of section 5 of the Act as amended (15 U.S.C. 5407) 
pertain only to manufacturers of fasteners, not to private label 
distributors of fasteners.
    The Department proposes to further revise newly redesignated 
Sec. 280.300 to provide that fasteners whose insignia must be recorded 
are those fasteners that are required by the applicable consensus 
standards to bear ``an insignia'' rather than a ``raised or depressed 
insignia,'' and that these fasteners are not subject to the recordal 
requirements if the specifications provide otherwise. Section 5 of the 
Act as amended (15 U.S.C. 5407) provides that fasteners subject to the 
recordal requirement are fasteners that are required by the applicable 
consensus standards to bear ``an insignia,'' not a ``raised or 
depressed insignia.'' Section 5 exempts fasteners from the recordal 
requirements where the specifications provide that insignias are not 
required.
    The Department proposes to further revise newly redesignated 
Sec. 280.300 to provide that fasteners whose insignia must be recorded 
are those fasteners that are required to bear an insignia by ``the 
applicable consensus standards,'' rather than by ``the standards and 
specifications by which it is manufactured.'' Section 5 of the Act as 
amended (15 U.S.C. 5407) provides that a recordal requirement applies 
where the applicable consensus standards require the placement of an 
insignia.
    The Department proposes to further revise newly redesignated 
Sec. 280.300 to remove references to purposes of the Act that were 
stated in the previous version of the Act but that are no longer stated 
in the Act.
    The Department proposes to amend newly redesignated Sec. 280.310 by 
revising Sec. 280.310(a) to remove the reference to private label 
distributors. The requirements of section 5 of the Act as amended (15 
U.S.C. 5407) pertain only to manufacturers of fasteners, not to private 
label distributors of fasteners.
    The Department proposes to further amend newly redesignated 
Sec. 280.310 by revising Sec. 280.310(b) to replace references to 
``applicants'' with references to ``manufacturers'' or to ``applicants 
for recordal.'' This clarifies that ``applicants'' are applicants for 
recordal, and that these applicants are manufacturers of fasteners.
    The Department proposes to further amend newly redesignated 
Sec. 280.310 by revising Sec. 280.310(b)(4)(ii) to require ``a copy of 
the drawing that was included in the application for trademark 
registration'' rather than ``a copy of the drawing page of the 
application.'' The U.S. Patent and Trademark Office has issued a 
proposed rule (64 FR 25223 (1999)) (to be codified at 37 CFR 2.52) that 
removes the requirement that a mark in an application for trademark 
registration be depicted on a separate drawing page.
    The Department proposes to further amend newly redesignated 
Sec. 280.310 by adding a new Sec. 280.310(b)(6), stating that the 
written application for recordal of an insignia must include a 
statement that the applicant is a ``manufacturer'' as that term is 
defined in section 3 of the Act as amended (15 U.S.C. 5402(11)). The 
requirements of section 5 of the Act as amended (15 U.S.C. 5407) 
pertain to manufacturers.
    The Department proposes to further amend newly redesignated 
Sec. 280.310 by revising Sec. 280.310(c) to state that a manufacturer 
may designate ``only one trademark for recordal on the Fastener 
Insignia Registry in a single application'' rather than ``only one 
registered trademark for recordal on the Fastener Insignia Registry in 
a single application.'' This clarifies that the requirement that an 
application for recordal identify only one trademark pertains both to 
registered trademarks and to trademarks that are the subject of pending 
applications for registration.
    The Department proposes to further amend newly redesignated 
Sec. 280.310(c) to remove a reference to ``abandoned'' trademark 
registrations. This clarifies that a trademark registration may expire 
or be canceled but may not be abandoned.
    The Department proposes to amend newly redesignated Sec. 280.311 to 
replace ``the applicant'' with ``the applicant for recordal.'' This 
clarifies who ``the applicant'' refers to.
    The Department proposes to amend newly redesignated Sec. 280.312 by 
revising Sec. 280.312(a) to replace the reference to the ``applicant'' 
with a reference to the ``manufacturer.'' The requirements of section 5 
of the Act as amended (15 U.S.C. 5407) pertain only to manufacturers.
    The Department proposes to amend newly redesignated Sec. 280.312 by 
adding a new Sec. 280.312(b), stating that certificates issued prior to 
the enactment of the Act as amended will remain in active status in 
accordance with the provisions of newly redesignated Sec. 280.320, and 
may be maintained in accordance with the

[[Page 69971]]

provisions of newly redesignated Sec. 280.320, but only if the 
certificate is held by a manufacturer who is required to comply with 
the recordation requirements of the Act as amended, and only if the 
fasteners associated with the certificate are fasteners that must bear 
an insignia pursuant to Sec. 5 of the Act as amended (15 U.S.C. 5407).
    The Department proposes to amend newly redesignated Sec. 280.313 by 
revising Sec. 280.313(a) to remove the reference to private label 
distributors. The requirements of section 5 of the Act as amended (15 
U.S.C. 5407) pertain only to manufacturers of fasteners, not to private 
label distributors of fasteners.
    The Department proposes to further amend newly redesignated 
Sec. 280.313(a) to change ``upon recordal, either the alphanumeric 
designation or the registered mark, or both, may be used as recorded 
insignias'' to ``upon recordal, either the alphanumeric designation or 
the trademark, or both, may be used as recorded insignias'' to clarify 
that a manufacturer may use a trademark as an insignia even if that 
trademark has not yet been registered, provided the manufacturer has 
filed an application to register the insignia.
    The Department proposes to further amend newly redesignated 
Sec. 280.313 by revising Sec. 280.313(b) to remove the reference to 
private label distributors. The requirements of section 5 of the Act as 
amended (15 U.S.C. 5407) pertain only to manufacturers of fasteners, 
not to private label distributors of fasteners.
    The Department proposes to amend newly redesignated Sec. 280.320 by 
revising Sec. 280.320(a) to change ``certificates of recordal remain in 
an active status for five years and may be maintained in an active 
status for five-year periods'' to ``certificates of recordal remain in 
an active status for five years and may be maintained in an active 
status for subsequent five-year periods.'' This clarifies that the 
second and subsequent five-year periods commence upon the end of the 
previous five-year period.
    The Department proposes to further amend newly redesignated 
Sec. 280.320 by revising Sec. 280.320(b) to remove the reference to 
private label distributors. The requirements of section 5 of the Act as 
amended (15 U.S.C. 5407) pertain only to manufacturers of fasteners, 
not to private label distributors of fasteners.
    The Department proposes to further amend newly redesignated 
Sec. 280.320 by revising Sec. 280.320(c) to replace references to 
``applicants'' with references to ``manufacturers'' or to ``applicants 
for recordal.'' This clarifies that ``applicants'' are applicants for 
recordal, and that all applicants are manufacturers of fasteners.
    The Department proposes to further amend newly redesignated 
Sec. 280.320(c) by adding a new Sec. 280.320(c)(6), stating that the 
written application for maintenance of a certificate of recordal must 
include a statement that the applicant is a ``manufacturer'' as that 
term is defined in section 3 of the Act as amended (15 U.S.C. 
5402(11)).
    The Department proposes to amend newly redesignated Sec. 280.321 to 
change ``the applicant or the holder of a certificate shall notify the 
Commissioner of any change of address'' to ``the applicant for recordal 
or the holder of a certificate must notify the Commissioner of any 
change of address.'' This clarifies that ``applicant'' refers to an 
applicant for recordal, and that notification regarding changes of 
address is not discretionary.
    The Department proposes to amend newly redesignated Sec. 280.323 by 
adding a new Sec. 280.323(f), stating that an alphanumeric designation 
that has been reactivated after it has been transferred or assigned 
will remain in active status until the expiration of the five-year 
period that began upon the issuance of the designation to its original 
owner. This codifies existing practice.
    The Department proposes to amend newly redesignated Sec. 280.324 by 
revising Sec. 280.324(b) to replace ``certificates of recordal 
designated inactive due to cancellation, expiration, abandonment or 
amendment of the trademark application or registration cannot be 
reactivated'' to ``certificates of recordal designated inactive due to 
cancellation, expiration, or amendment of the trademark registration, 
or abandonment or amendment of the trademark application, cannot be 
reactivated.'' This clarifies that trademark registrations may be 
canceled, or may expire or may be amended, and that applications for 
trademark registration may be abandoned or amended.
    The Department proposes to amend newly redesignated Sec. 280.325 to 
remove the reference to private label distributors. The requirements of 
section 5 of the Act as amended (15 U.S.C. 5407) pertain only to 
manufacturers of fasteners, not to private label distributors of 
fasteners.

Request for Public Comment

    Persons interested in commenting on the proposed regulations should 
submit their comments in writing to the above address. All comments 
received in response to this notice will become part of the public 
record and will be available for inspection and copying at the 
Department of Commerce Central Reference and Records Inspection 
facility, room 6228, Hoover Building, Washington, DC 20230.

Additional Information

Executive Order 12866

    This rule has been determined not to be significant under section 
3(f) of Executive Order 12866.

Executive Order 12612

    This rule does not contain policies with Federalism implications 
sufficient to warrant preparation of a Federalism assessment under 
Executive Order 12612.

Regulatory Flexibility Act

    A Regulatory Impact Review / Final Regulatory Flexibility Analysis 
was prepared to accompany issuance of the September 26, 1996 final 
rule. That analysis projected annual cost to industry from implementing 
the FQA of $18.9 million. This amount was based on NIST's estimate that 
25% of fasteners then produced would be covered under the Act. Assuming 
that 55% of then produced fasteners would be covered under the Act, as 
was assumed by Cost Effectiveness Committee of the Fastener Advisory 
Committee, the estimated annual costs of the FQA would have been 
approximately $38.7 million. Industry, generally, believed the cost of 
implementation would be far greater than either of those two figures. 
The great majority of costs associated with the FQA resulted from 
recordkeeping, inspection, testing and certification requirements 
imposed on fastener manufacturers that were beyond those required by 
consensus standards.
    By its amendments to the original FQA, Pub. L. 106-34 reduced 
appreciably the costs associated with implementation of the FQA. First, 
fasteners projected to be covered by the law account for approximately 
5% of total fastener production. This percentage is significantly less 
than NIST's original projection of 25%, and industry's much larger 
projection, at the time of 1996 final rule. Second, the requirements 
for recordkeeping, testing, certification, and inspection of fasteners 
beyond those contained in the consensus standard to which covered 
fasteners are manufactured have been eliminated. Thus, the costs 
associated with those requirements, will not be incurred.
    One change was made by Pub. L. 106-34 that may have a small 
negative impact on small entities. Specifically, the law removed all 
references to PTO's recordation of insignias of private label

[[Page 69972]]

distributors of fasteners, thus providing for recordation of only 
manufacturers insignias. This amendment should have a negligible impact 
as fasteners subject to the FQA sold by private label distributors 
represent a very small percentage of the limited universe of fasteners 
subject to the Act. Specifically, NIST projects that less than 15% of 
the approximately 5% of all fasteners that are subject to the Act, are 
sold by private label distributors. These changes had the effect of 
limiting significantly those fasteners to which the law applies.

Paperwork Reduction Act

    Notwithstanding any other provision of the law, no person is 
required to, nor shall any person be subject to 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 rule contains collection of information requirements 
subject to the Paperwork Reduction Act and has been sent to OMB for 
approval under the Act. Public reporting for these collections of 
information are estimated to average 1.5 hours per response for 
affirmations, 20 hours per response for petitions, and .17 hours per 
response for the PTO recordal, renewal forms. The estimated response 
time shown includes the time for reviewing instructions, gathering 
information, and completing and reviewing the collections of 
information.
    Comments are invited on (a) Whether the collection of information 
is necessary for the functions of the agencies, including whether the 
information has practical utility; (b) The accuracy of the agencies' 
estimates of the burdens of the collections of information; (c) Ways to 
enhance the quality, utility and clarity of the information to be 
collected; and (d) Ways to minimize the burdens of the collections of 
information on respondents, including through the use of automated 
collection techniques or other forms of information technology.
    Send comments regarding these or any other aspect of the collection 
of information to:
    For affirmations and petitions: Deputy Director, Technology 
Services, National Institute of Standards and Technology, 100 Bureau 
Drive, Mail Stop 2000, Gaithersburg, Maryland 20899-2000, and to the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, Washington, DC 20503.
    For PTO recordal/renewal forms: Ari Leifman, Staff Attorney, Office 
of the Assistant Commissioner for Trademarks, 2900 Crystal Drive, 
Arlington, VA 22202, and to the Office of Information and Regulatory 
Affairs, Office of Management and Budget, Washington, DC 20503.

National Environmental Policy Act

    This rule will not significantly affect the quality of the human 
environment. Therefore, an environmental assessment or Environmental 
Impact Statement is not required to be prepared under the National 
Environmental Policy Act of 1969.

List of Subjects in 15 CFR Part 280

    Business and industry, Fastener industry, Imports.

    Dated: December 7, 1999.
Karen H. Brown,
Deputy Director, National Institute of Standards and Technology.
William Reinsch,
Under Secretary, Bureau of Export Administration.

    Dated: December 7, 1999.
Q. Todd Dickinson,
Assistant Secretary of Commerce and Commissioner of Patents and 
Trademarks.

    For reasons set forth in the preamble, it is proposed that Title 15 
of the Code of Federal Regulations be amended as follows:

PART 280--FASTENER QUALITY

    1. The authority citation for part 280 is revised to read as 
follows:

    Authority: 15 U.S.C. 5401 et seq. (Pub. L. 101-592, as amended 
by Pub. L. 104-113, Pub. L. 105-234, and Pub. L. 106-34.)

    2. Section 280.1 is revised to read as follows:


Sec. 280.1  Description of rule/Delegation of authority.

    (a) Description of rule. The Fastener Quality Act Amendments of 
1999 (the Act) (15 U.S.C. 5401 et seq., as amended by Pub. L. 104-113, 
Pub. L. 105-234, and Pub. L. 106-34):
    (1) Protects against the sale of mismarked, misrepresented, and 
counterfeit fasteners; and
    (2) Eliminates unnecessary requirements.
    (b) Delegations of authority. The Director, National Institute of 
Standards and Technology has authority to promulgate regulations in 
this part regarding certification and accreditation. The Secretary of 
Commerce has delegated concurrent authority to amend the regulations 
regarding enforcement of the Act, as contained in subpart C of this 
part, to the Under Secretary for Export Administration. The Secretary 
of Commerce has also delegated concurrent authority to amend the 
regulations regarding recordal of insignia, as contained in subpart D 
of this part, to the Assistant Secretary and Commissioner of Patents 
and Trademarks.


Sec. 280.2  [Removed and Sec. 280.601 Redesignated as Sec. 280.2]

    3. Section 280.2 is removed, and Sec. 280.601 is redesignated as 
Sec. 280.2 and amended by revising the introductory text and adding the 
following definitions in alphabetical order to read as follows:


Sec. 280.2  Definitions.

    In addition to the definitions provided in 15 U.S.C. 5402, the 
following definitions are applicable to this part:
    Abandonment of the Application means that the application for 
registration of a trademark on the Principal Register is no longer 
pending at the United States Patent and Trademark Office.
* * * * *
    Commissioner means the Commissioner of Patents and Trademarks.
* * * * *
    Fastener Insignia Register means the register of recorded fastener 
insignias maintained by the Commissioner.
* * * * *
    Principal Register means the register of trademarks established 
under 15 U.S.C. 1051.
* * * * *


Sec. 280.3-280.16; Subparts C-F and I-L  [Removed]

    4. Sections 280.3 through 280.16 and Subparts C through F and I 
through L are removed, and Subpart B is revised to read as follows:

Subpart B--Petitions, Affirmations, and Laboratory Accreditation

Sec.
280.100  General.
280.101  Petitions for Approval of Documents.
280.102  Affirmations of Meeting Requirements of ISO/IEC Guides or 
Approved Documents.
280.103  Laboratory Accreditation.

Subpart B--Petitions, Affirmations, and Laboratory Accreditation


Sec. 280.100  General.

    (a) Definitions. For purposes of this subpart, the term 
``revisions'' includes changes made to existing ISO/IEC Guides or other 
documents, and

[[Page 69973]]

redesignations of those Guides or documents.
    (b) Delegation of authority. The Director, National Institute of 
Standards and Technology has delegated authority to the Deputy 
Director, Technology Services, National Institute of Standards and 
Technology, to carry out the responsibilities of the Director contained 
in this subpart.


Sec. 280.101  Petitions for Approval of Documents.

    (a) Certification. (1) A person publishing a document setting forth 
guidance or requirements for the certification of manufacturing systems 
as fastener quality assurance systems by an accredited third party may 
petition the Director to approve such document for use as described in 
section 3(7)(B)(iii)(I) of the Act (15 U.S.C. 5402(7)(B)(iii)(I)).
    (2) Petitions should be submitted to: Deputy Director, Technology 
Services, NIST, Mail Stop 2000, 100 Bureau Drive, Gaithersburg, MD 
20899-2000.
    (3) The Director shall approve such petition if the document 
provides equal or greater rigor and reliability as compared to ISO/IEC 
Guide 62, including revisions from time to time. A petition shall 
contain sufficient information to allow the Director to make this 
determination. Revisions include revisions, redesignations.
    (b) Accreditation. (1) A person publishing a document setting forth 
guidance or requirements for the approval of accreditation bodies to 
accredit third parties described in paragraph (a) of this section may 
petition the Director to approve such document for use as described in 
section 3(7)(B)(iii)(I) of the Act (15 U.S.C. 5402(7)(B)(iii)(I)).
    (2) Petitions should be submitted to: Deputy Director, Technology 
Services, NIST, Mail Stop 2000, 100 Bureau Drive, Gaithersburg, MD 
20899-2000.
    (3) The Director shall approve such petition if the document 
provides equal or greater rigor and reliability as compared to ISO/IEC 
Guide 61, including revisions from time to time. A petition shall 
contain sufficient information to allow the Director to make this 
determination.
    (c) Laboratory Accreditation. (1) A person publishing a document 
setting forth guidance or requirements for the accreditation of 
laboratories may petition the Director to approve such document for use 
as described in section 3(1)(A) of the Act (15 U.S.C. 5402(1)(A)).
    (2) Petitions should be submitted to: Deputy Director, Technology 
Services, NIST, Mail Stop 2000, 100 Bureau Drive, Gaithersburg, MD 
20899-2000.
    (3) The Director shall approve such petition if the document 
provides equal or greater rigor and reliability as compared to ISO/IEC 
Guide 25, including revisions from time to time. A petition shall 
contain sufficient information to allow the Director to make this 
determination.
    (d) Approval of Accreditation Bodies. (1) A person publishing a 
document setting forth guidance or requirements for the approval of 
accreditation bodies to accredit laboratories may petition the Director 
to approve such document for use as described in section 3(1)(B) of the 
Act (15 U.S.C. 5402(1)(B)).
    (2) Petitions should be submitted to: Deputy Director, Technology 
Services, NIST, Mail Stop 2000, 100 Bureau Drive, Gaithersburg, MD 
20899-2000.
    (3) The Director shall approve such petition if the document 
provides equal or greater rigor and reliability as compared to ISO/IEC 
Guide 58, including revisions from time to time. A petition shall 
contain sufficient information to allow the Director to make this 
determination.


Sec. 280.102  Affirmations of Meeting Requirements of ISO/IEC Guides or 
Approved Documents.

    (a) (1) An accreditation body accrediting third parties who certify 
manufacturing systems as fastener quality assurance systems as 
described in section 3(7)(B)(iii)(I) of the Act (15 U.S.C. 
5402(7)(B)(iii)(I)) shall affirm to the Director that it meets the 
requirements of ISO/IEC Guide 61 (or another document approved by the 
Director under section 10(b) of the Act (15 U.S.C. 5411a(b)) and 
Sec. 280.101(a) of this part), including revisions from time to time.
    (2) An accreditation body accrediting laboratories as described in 
section 3(1)(B) of the Act (15 U.S.C. 5402(1)(B)) shall affirm to the 
Director that it meets the requirements of ISO/IEC Guide 58 (or another 
document approved by the Director under section 10(d) of the Act (15 
U.S.C. 5411a(d)) and Sec. 280.101(d) of this part), including revisions 
from time to time.
    (b) An affirmation required under paragraph (a)(1) or (a)(2) of 
this section shall take the form of a self-declaration that the 
accreditation body meets the requirements of the applicable Guide, 
signed by an authorized representative of the accreditation body. No 
supporting documentation is required.
    (c) Affirmations should be submitted to: Deputy Director, 
Technology Services, NIST, Mail Stop 2000, 100 Bureau Drive, 
Gaithersburg, MD 20899-2000.
    (d) Any affirmation submitted in accordance with this section shall 
be considered to be a continuous affirmation that the accreditation 
body meets the requirements of the applicable Guide, unless and until 
the affirmation is withdrawn by the accreditation body.


Sec. 280.103  Laboratory Accreditation.

    A laboratory may be accredited by any voluntary laboratory 
accreditation program that may be established by private sector 
persons(s) or by the National Voluntary Laboratory Accreditation 
Program for fasteners, established by the Director under Part 285 of 
this Title.


Secs. 280.600, 280.602-280.623 (Subpart G)  [Redesignated as 
Secs. 280.200-280.22 (Subpart C)]

    5. Subpart G (Secs. 280.600, 280.602 through 280.623) is 
redesignated as subpart C, consisting of Secs. 280.200 through 280.222.
    6. Redesignated Sec. 280.200 is revised to read as follows:


Sec. 280.200  Scope.

    Section 280.201 of this part specifies that failure to take any 
action required by or taking any action prohibited by this part 
constitutes a violation of this part. Section 280.202 describes the 
penalties that may be imposed for violations of this part. Sections 
280.204 through 280.222 establish the procedures for imposing 
administrative penalties for violations of this part.
    7. Redesignated Sec. 280.201 is amended by revising paragraphs (b) 
and (c), and removing paragraphs (d) through (o) to read as follows:


Sec. 280.201  Violations.

* * * * *
    (b) Sale of fasteners. No manufacturer or distributor shall 
knowingly misrepresent or falsify, in connection with the sale or offer 
for sale of fasteners from a single lot,
    (1) The record of conformance for the lot of fasteners;
    (2) The identification, characteristics, properties, mechanical or 
performance marks, chemistry, or strength of the lot of fasteners; or
    (3) The manufacturers' insignia.
    (c) Manufacturers' insignia. No person shall sell, or offer for 
sale fasteners that are required by the applicable consensus standard 
or standards to bear an insignia identifying their manufacturer unless
    (1) The fasteners bear such insignia; and
    (2) The manufacturer has complied with the insignia recordation

[[Page 69974]]

requirements established under 15 U.S.C. 5407(b).
    8. Redesignated Sec. 280.203 is revised to read as follows:


Sec. 280.203  Administrative enforcement proceedings.

    Sections 280.204 through 280.222 set forth the procedures for 
imposing administrative penalties for violations of the Act and this 
part.
    9. Redesignated Sec. 280.210 is amended by revising the last 
sentence of paragraph (d) to read as follows:


Sec. 280.210  Discovery.

* * * * *
    (d) * * * In addition, enforcement by a district court of the 
United States may be sought under 15 U.S.C. section 5408(b)(6).
    10. The reference to ``Sec. 280.607'' is revised to read 
``Sec. 280.206'' in the following sections:
    Redesignated Sec. 280.211(b); Redesignated Sec. 280.218(c).


Sec. 280.204  [Amended]

    11. The reference to ``Sec. 280.608'' is revised to read 
``Sec. 280.207'' in the following sections:
    Redesignated Sec. 280.204(a); redesignated Sec. 280.208(b)(1).
    12. The reference to ``Sec. 280.609'' is revised to read 
``Sec. 280.208'' in the following sections:
    Redesignated Sec. 280.204(a); redesignated Sec. 280.218(a).
    13. In redesignated Sec. 280.214(b), the reference to 
``Sec. 280.613'' is revised to read ``Sec. 280.212''.
    14. In redesignated Sec. 280.207(c), the reference to 
``Sec. 280.617'' is revised to read ``Sec. 280.216''.
    15. In redesignated Sec. 280.207(a), the reference to 
``Sec. 280.618'' is revised to read ``Sec. 280.217''.
    16. In redesignated Sec. 280.219(c), the reference to 
``Sec. 280.619(c)'' is revised to read ``Sec. 280.218(c)''.
    17. The reference to ``Sec. 280.622'' is revised to read 
``Sec. 280.221'' in the following sections:
    Redesignated Sec. 280.221(b); redesignated Sec. 280.222(f).
    18. The reference to ``Sec. 280.623'' is revised to read 
``Sec. 280.222'' in the following sections:
    Redesignated Sec. 280.208(a); redesignated Sec. 280.218(b); 
redesignated Sec. 280.219(b)(2); redesignated Sec. 280.220; 
redesignated Sec. 280.221(a).
    19. Subpart H (Secs. 280.700 through 280.726) is redesignated as 
Subpart D consisting of Secs. 280.300, 280.310-280.313 and 280.320-
280.326.
    20. Redesignated Sec. 280.300 is revised to read as follows:


Sec. 280.300  Recorded insignia required prior to offer for sale.

    If a fastener is required by the applicable consensus standard(s) 
to bear an insignia identifying its manufacturer, the manufacturer 
must:
    (a) Record the insignia with the U.S. Patent and Trademark Office 
prior to any sale or offer for sale of the fastener, unless the 
specifications provide otherwise; and
    (b) Apply the insignia through a raised or depressed impression to 
the head of any fastener that is sold or offered for sale; or if the 
fastener has no head, to another surface area in a legible manner. The 
insignia must be readable with no greater than 10x magnification.
    21. Redesignated Sec. 280.310 is amended by revising the heading, 
the first sentence of paragraph (a), paragraphs (b)(1), (b)(2), (b)(3), 
(b)(4)(ii), and (b)(5); redesignating existing paragraphs (b)(6) 
through (b)(8) as paragraphs (b)(7) through (b)(9), respectively; 
adding new paragraph (b)(6); revising redesignated paragraph (b)(7); 
and revising paragraph (c) to read as follows:


Sec. 280.310  Application for insignia.

    (a) Each manufacturer must submit a written application for 
recordal of an insignia on the Fastener Insignia Register along with 
the prescribed fee. * * *
    (b) * * *
    (1) The name of the manufacturer;
    (2) The address of the manufacturer;
    (3) The entity, domicile, and state of incorporation, if 
applicable, of the manufacturer;
    (4) * * *
    (ii) A request for recordal of a trademark, which is the subject of 
either a duly filed application or a registration for fasteners in the 
name of the manufacturer in the U.S. Patent and Trademark Office on the 
Principal Register, indicating the application serial number or 
registration number and accompanied by a copy of the drawing that was 
included with the application for trademark registration, or a copy of 
the registration;
    (5) A statement that the manufacturer will comply with the 
applicable provisions of the Fastener Quality Act;
    (6) A statement that the applicant for recordal is a 
``manufacturer'' as that term is defined in 15 U.S.C. 5402
    (7) A statement that the person signing the application on behalf 
of the manufacturer has personal knowledge of the facts relevant to the 
application and that the person possesses the authority to act on 
behalf of the manufacturer;
* * * * *
    (c) A manufacturer may designate only one trademark for recordal on 
the Fastener Insignia Register in a single application. The trademark 
application or registration that forms the basis for the fastener 
recordal must be in active status, that is, a pending application or a 
registration which is not expired, or canceled, at the time of the 
application for recordal.
* * * * *
    22. Redesignated Sec. 280.311 is amended by revising the third 
sentence to read as follows:


Sec. 280.311  Review of the application.

    * * * The Commissioner will notify the applicant for recordal of 
any defect in the application. * * *
    23. Redesignated Sec. 280.312 is amended by designating the 
existing text as paragraph (a), revising the last sentence of 
redesignated paragraph (a), and adding new paragraph (b) to read as 
follows:


Sec. 280.312  Certificate of Recordal.

    (a) * * * The certificate of recordal shall display the recorded 
insignia of the manufacturer, and state the name, address, legal entity 
and domicile of the manufacturer, as well as the date of issuance of 
such certificate.
    (b) Certificates that were issued prior to the enactment of the Act 
as amended shall remain in active status in accordance with the 
provisions of Sec. 280.320 of this subpart, and may be maintained in 
accordance with the provisions of Sec. 280.320 of this subpart, but 
only if:
    (1) The certificate is held by a manufacturer who is required to 
comply with the recordation requirements of the Act as amended, and
    (2) The fasteners associated with the certificate are fasteners 
that must bear an insignia pursuant to 15 U.S.C. 5407.
    24. Redesignated Sec. 280.313 is amended by revising paragraph (a) 
and the first sentence of paragraph (b) to read as follows:


Sec. 280.313  Recordal of additional insignia.

    (a) A manufacturer to whom the Commissioner has issued an 
alphanumeric designation may apply for recordal of its trademark for 
fasteners if the trademark is the subject of a duly filed application 
or is registered in the U.S. Patent and Trademark Office on the 
Principal Register. Upon recordal, either the alphanumeric designation 
or the trademark, or both, may be used as recorded insignias.
    (b) A manufacturer for whom the Commissioner has recorded a 
trademark as its fastener insignia may apply for issuance and recordal 
of an

[[Page 69975]]

alphanumeric designation as a fastener insignia. * * *
    25. Redesignated Sec. 280.320 is amended by revising paragraphs (a) 
and (b) and paragraphs (c)(1) through (c)(5); redesignating existing 
paragraphs (c)(6) through (c)(8) as paragraphs (c)(7) through (c)(9), 
respectively; adding a new paragraph (c)(6); and revising redesignated 
paragraph (c)(7) to read as follows:


Sec. 280.320  Maintenance of the certificate of recordal.

    (a) Certificates of recordal remain in an active status for five 
years and may be maintained in an active status for subsequent five-
year periods running consecutively from the date of issuance of the 
certificate of recordal upon compliance with the requirements of 
paragraph (c) of this section.
    (b) Maintenance applications shall be required only if the holder 
of the certificate of recordal is a manufacturer at the time the 
maintenance application is required.
    (c) * * *
    (1) The name of the manufacturer;
    (2) The address of the manufacturer;
    (3) The entity, domicile, and state of incorporation, if 
applicable, of the manufacturer;
    (4) A copy of manufacturer's certificate of recordal;
    (5) A statement that the manufacturer will comply with the 
applicable provisions of the Fastener Quality Act;
    (6) A statement that the applicant for recordal is a 
``manufacturer'' as that term is defined in 15 U.S.C. 5402;
    (7) A statement that the person signing the application on behalf 
of the manufacturer has knowledge of the facts relevant to the 
application and that the person possesses the authority to act on 
behalf of the manufacturer;
* * * * *
    26. Redesignated Sec. 280.321 is amended by revising the first 
sentence to read as follows:


Sec. 280.321  Notification of changes of address.

    The applicant for recordal or the holder of a certificate of 
recordal shall notify the Commissioner of any change of address or 
change of name no later than six months after the change. * * *
    27. Redesignated Sec. 280.323 is amended by revising the second 
sentence of paragraph (a) and adding new paragraph (f) to read as 
follows:


Sec. 280.323  Transfer or assignment of the trademark registration or 
recorded insignia.

    (a) * * * Any transfer or assignment of such an application or 
registration must be recorded in the Patent and Trademark Office within 
three months of the transfer or assignment.
* * * * *
    (f) An alphanumeric designation that is reactivated after it has 
been transferred or assigned shall remain in active status until the 
expiration of the five year period that began upon the issuance of the 
alphanumeric designation to its original owner.
    28. Redesignated Sec. 280.324 is amended by revising paragraphs 
(a)(1) through (a)(3); redesignating existing paragraph (b) as 
paragraph (a)(4); revising the first two sentences of redesignated 
paragraph (a)(4); redesignating paragraph (c) as paragraph (b); and 
revising redesignated paragraph (b) to read as follows:


Sec. 280.324  Change in status of trademark registration or amendment 
of the trademark.

    (a) * * *
    (1) Issuance of a final decision on appeal which refuses 
registration of the application which formed the basis for the 
certificate of recordal;
    (2) Abandonment of the application which formed the basis for the 
certificate of recordal;
    (3) Cancellation or expiration of the trademark registration which 
formed the basis of the certificate of recordal; or
    (4) An amendment of the mark in a trademark application or 
registration that forms the basis for a certificate of recordal. The 
certificate of recordal shall become inactive as of the date the 
amendment is filed. * * *
    (b) Certificates of recordal designated inactive due to 
cancellation, expiration, or amendment of the trademark registration, 
or abandonment or amendment of the trademark application, cannot be 
reactivated.
    29. Redesignated Sec. 280.325 is revised to read as follows:


Sec. 280.325  Cumulative listing of recordal information.

    The Commissioner shall maintain a record of the names, current 
addresses, and legal entities of all recorded manufacturers and their 
recorded insignia.
    30. The reference to ``Sec. 280.710'' is revised to read 
``Sec. 280.310'' in the following sections:
    Redesignated Sec. 280.311; redesignated Sec. 280.312.

[FR Doc. 99-32240 Filed 12-14-99; 8:45 am]
BILLING CODE 3510-13-P