[Federal Register Volume 65, Number 125 (Wednesday, June 28, 2000)]
[Rules and Regulations]
[Pages 39798-39804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16212]


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DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

15 CFR Part 280

[Docket No: 980623159-0166-04]
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 United States Patent and Trademark 
Office, United States Department of Commerce.

ACTION: Final rule.

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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 Under Secretary for Intellectual 
Property and Director of the United States Patent and Trademark Office, 
United States Department of Commerce (collectively referred to as the 
Department) are today issuing a final rule amending regulations found 
at 15 CFR part 280 implementing the Fastener Quality Act (FQA). A 
notice of proposed rulemaking on this topic was published in the 
Federal Register on December 15, 1999. This final rule responds to 
comments received on the December 15, 1999 notice of proposed 
rulemaking and incorporates into the regulations amendments to the 
Fastener Quality Act contained in the Fastener Quality Act Amendments 
of 1999. The 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 final rule amends the regulations to set forth the procedures 
under which NIST will accept petitions for approval of certain 
documents and self-declarations for accreditation bodies. The final 
rule also amends the enforcement provisions of the regulations to set 
forth violations as they are contained in the amended FQA. The final 
rule amends 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: This rule is effective July 28, 2000.

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 which entities 
must retain custody of laboratory testing reports and certificates of 
conformance and for what period of time.
    The Department published a notice of proposed rule making in the 
Federal Register on December 15, 1999 (64 FR 69969), seeking public 
comment on proposed amendments to the regulations to implement the FQA 
as amended by the Fastener Quality Act Amendments of 1999. The comment 
period was to close on January 14, 2000. During the comment period, the 
Department received five responses requesting an extension of the 
comment period. On January 11, 2000, the Department published a notice 
in the Federal Register ((65 FR 1572)(2000)) extending the comment 
period to January 28, 2000.

Summary of Public Comments Received by the Department in Response 
to the December 15, 1999 Notice of Proposed Rulemaking, and the 
Department's Response to Those Comments

    In addition to the five responses requesting an extension of the 
comment period, the Department received thirteen responses to the 
request for comments. Five responses were received from domestic 
associations; two were from accreditation bodies, one domestic and one 
foreign; one was from a domestic fastener manufacturer; one was from a 
foreign steel manufacturer; one was from a domestic fastener importer; 
one was from a domestic fastener distributor; and one was a domestic 
quality consultant. A detailed analysis of the comments follows.

[[Page 39799]]

Comments on the Fastener Quality Act Amendments of 1999

    Comment: Five commenters raised concerns with the Fastener Quality 
Act Amendments of 1999, not the implementing regulations.
    Response: The Department is implementing the legislation enacted by 
Congress. Comments raising concerns with the Act, itself, are outside 
the scope of this rulemaking.

Comments on the Establishment of a Hotline System To Facilitate the 
Reporting of Alleged Violations of the FQA

    Comment: Four comments related to the fastener hotline system to 
facilitate the reporting of alleged violations of the FQA that the 
Secretary is required to establish and maintain under section 6(d)(2) 
of the FQA, as amended. All favored the speedy establishment of the 
hotline. The three associations that commented on this subject said 
that the hotline should be operated by the Bureau of Export 
Administration (BXA) since ``BXA is an experienced enforcement agency 
and has responsibility under sections 280.203 through 280.222 of the 
proposed regulations for administrative enforcement proceedings.'' The 
fourth commenter, a domestic manufacturer of products that incorporate 
fasteners, said that the National Institute of Standards and Technology 
(NIST) should implement the mandate to establish and maintain the 
hotline system.
    Response: Since the hotline system is to facilitate the reporting 
of alleged violations of the hotline, and is not a general line for 
information regarding the FQA, and based on the comments received, the 
hotline will be operated by BXA, with NIST providing technical support. 
The telephone number for the hotline is: 1-800-424-2980, and it will be 
available beginning immediately. This hotline is only for reporting 
alleged violations, not for obtaining general FQA information.

Comments on Laboratory Accreditations, Laboratory Accreditation Bodies, 
and Use of Accredited Laboratories

    Comment: Three commenters (all domestic associations) noted that 
the proposed rule was inconsistent with the amended FQA on the issue of 
what entities may accredit laboratories. All three commenters noted 
that, while section 3(1)(B) of the amended FQA (15 U.S.C. 5402(1)(B)) 
allows for laboratories to be accredited by any ``laboratory 
accreditation body that meets the requirements of ISO/IEC Guide 58 (or 
another document approved by the Director under section 10(d), 
including revisions from time to time,'' section 280.103 of the 
proposed rule limited laboratory accreditation bodies to ``any 
voluntary laboratory accreditation program that may be established by 
private sector person(s) or by the National Voluntary Laboratory 
Accreditation Program (NVLAP) for fasteners, established by the 
Director under Part 285 of this Title.''
    Response: The Department agrees. Based on these comments, and to 
eliminate the discrepancy between the proposed rule and the amended 
FQA, the Department has revised section 280.103 of the final rule. The 
regulation now makes clear that both public and private sector 
accreditation bodies that meet the requirements of ISO/IEC Guide 58, in 
addition to NVLAP, may be authorized to accredit fastener laboratories.
    Comment: One commenter suggested that NIST maintain a list of 
laboratory accreditation bodies that have self-affirmed to NIST and 
that NIST make the list publicly available on its website.
    Response: Since NIST no longer has authority to accept and verify 
documentation regarding the conformance of laboratory accreditation 
bodies to the requirements of ISO/IEC Guide 58 or another document 
approved by the Director under section 10(d) of the Act, NIST cannot 
list laboratory accreditation bodies as meeting these requirements. 
However, NIST will maintain and make publicly available on its website 
a list of laboratory accreditation bodies that have self-declared to 
NIST. That website is: http://www.nist.gov/fqa/.
    Comment: One commenter pointed out that ISO/IEC Guide 25 is being 
replaced by ISO/IEC 17025 and asked if the Department could incorporate 
the new international standard into the final rule.
    Response: The FQA as amended references ``ISO/IEC Guide 25 . . ., 
including revisions from time to time.'' (15 U.S.C. 5403(3)(1)(A).) 
Section 280.100 of the final rule states: ``For purposes of this 
subpart, the term ``revisions'' includes changes made to existing ISO/
IEC Guides or other documents, and redesignations of those Guides or 
documents.'' As a change to and the redesignation of ISO/IEC Guide 25, 
ISO/IEC 17025 is acceptable under the amended FQA and the final rule.
    Comment: Two commenters had questions about the use of accredited 
laboratories for testing the chemistry of fasteners and whether ``mill 
test reports'' would be permitted as the record of conformance on 
chemistry. One of the two commenters asked: (1) Until June 2001, would 
the ``mill test report issued by steel melter be permitted as the 
record of conformance on chemistry retained by manufacturers? (2) What 
if the ``mill test report'' above contains the statement that the 
chemistry was tested and certified by its entrusted subsidiary-lab? (3) 
After June 2001, would the ``mill test report'' issued by steel melter 
be permitted as the record of conformance on chemistry, if it contains 
the statement that the chemistry was tested and certified by its 
entrusted subsidiary-lab which is accredited? The other commenter 
stated: ``The Department proposed the repeal of the regulations 
implementing the section 280.15, found at 15 CFR part 280. Therefore I 
understand that `(F) the chemistry and grade of material' of section 
3(13) of the Fastener Quality Act Amendments of 1999 don't require the 
results tested by the accredited laboratory.''
    Response: The answers to these questions require a legal opinion 
applying the statute to specific facts. The Department is not 
authorized to issue such opinions. Therefore, the Department suggests 
that these commenters seek counsel from their attorneys.

Comments on Redesignated Subpart C: Enforcement

    Comment: One commenter suggested that, since (at least in his view) 
almost all fasteners are exempt from the law, it is useless to make it 
a violation of the FQA to knowingly falsify or misrepresent fasteners, 
or to sell fasteners without the manufacturers' insignia. Another 
commenter stated that the language of the proposed new section 
280.201(b) and (c) exceeded the Department's authority under the FQA as 
it expanded the scope of the FQA.
    Response: It was the Department's intent in the proposed new 
section 280.201(b) and (c) to follow the prohibitions established by 
the Congress in the FQA. In response to the comment that this 
regulation is ``useless,'' the Department notes that it is reciting the 
prohibitions from the statute in the regulations. The FQA makes it a 
violation to knowingly falsify or misrepresent certain fasteners, or to 
sell some fasteners without the manufacturers' insignia. In response to 
the second comment, the Department was in no way attempting to expand 
the authority provided to it under the FQA. In order to make clear that 
the Department is not seeking to expand either the scope of the FQA or 
the authority provided to the Department under the FQA, it has revised 
these two

[[Page 39800]]

provisions to track verbatim the language of the FQA.

Comments on Redesignated Subpart D: Recordal of Insignia

    Comment: Three commenters suggested that the rules provide that 
private label distributors of certain fasteners be allowed to record 
their insignia at the USPTO on a voluntary basis, and to obtain 
certificates of recordal. Two of these three commenters further 
suggested that original equipment manufacturers likewise be allowed to 
record insignia at the USPTO on a voluntary basis, and one of these 
three commenters suggested that any party that contracts for the 
production of fasteners bearing its insignia be allowed to record its 
insignia at the USPTO on a voluntary basis.
    Response: This suggestion has not been adopted. The FQA as amended 
does not give the USPTO the authority to issue recordals to entities 
that are not fastener manufacturers. Although the previous version of 
the FQA required that both various manufacturers and various private 
label distributors record their insignias, the Fastener Quality Act 
Amendments of 1999 explicitly limited this requirement to 
manufacturers: Congress specifically chose to exclude private label 
distributors by deleting the authority to register insignias of private 
label distributors. Congress left in the FQA authority to register 
insignias of manufacturers only, and required that covered fasteners 
bear the manufacturer's insignia. Hence, it would be contrary to the 
Congressional intent to record the insignia of any non-manufacturer.
    Comment: Four commenters suggested that the wording ``unless the 
specifications provide otherwise'' be moved from section 280.300(a) to 
section 280.300.
    Response: This suggestion has been adopted.
    Comment: One commenter suggested that the requirement that the 
insignia be applied through a raised or depressed impression be 
retained. Three commenters suggested that this requirement be 
eliminated. These commenters noted that references to raised or 
depressed insignias had been removed from the FQA as amended, and 
suggested that it was therefore impermissible for the proposed rules to 
require that the insignia be raised or depressed. One of these three 
commenters further suggested that the proposed rule did not give 
consideration to marking or identification techniques that 
manufacturers might develop either through the consensus standards 
process or independently of this process. Another of these three 
commenters suggested that the requirement that the insignia be applied 
through a raised or depressed impression be replaced with a requirement 
that the insignia be applied so that it is permanent.
    Response: The suggestion that the rule take account of insignia 
marking techniques developed through the consensus standards, and that 
the requirement that insignia be applied through a raised or depressed 
impression be eliminated has been accepted. The Department has revised 
Section 280.300(b) of the final rule to provide that the insignia must 
be applied to the fastener using the method for applying a permanent 
insignia that is provided for in the applicable consensus standard(s), 
or, if the applicable consensus standards do not specify a method for 
applying a permanent insignia, through any means of applying a 
permanent insignia.
    Comment: One commenter suggested that the requirements that the 
insignia appear on the head of the fastener and that the insignia be 
readable with no greater than 10x magnification are not supported by 
the FQA as amended, and that these requirements should therefore be 
eliminated.
    Response: This suggestion has been adopted. The Department agrees 
that it is unnecessary to specify the size and location of the 
insignia. However, the Department does believe that it is necessary 
that the insignia be readable. Accordingly, the Department has revised 
Section 280.300(b) of the final rule to remove the requirements that 
the insignia be readable with no greater that 10x magnification and 
that the insignia be placed on the head of the fastener, and the 
Department has further revised Section 280.300(b) to provide that the 
insignia must be readable.
    Comment: One commenter suggested that Sec. 280.320(c)(6) be amended 
to allow private label distributors of fasteners and original equipment 
manufacturers of fasteners to renew their existing certificates of 
recordal.
    Response: This suggestion has not been adopted. The FQA as amended 
does not give the USPTO the authority to issue recordals to entities 
that are not fastener manufacturers. Although the previous version of 
the FQA required that both various manufacturers and various private 
label distributors record their insignia, the amended FQA limits this 
requirement to manufacturers: Congress specifically chose to exclude 
private label distributors and others who are not manufacturers. Hence, 
it would be contrary to the Congressional intent to renew the insignia 
of any non-manufacturer.
    As explained in detail above, the Department is adopting the 
proposed rule with certain changes suggested by commenters, revisions 
to several sections, and some editorial corrections and clarifications, 
in issuing this final rule.

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

    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this rule will not have a significant economic 
impact on a substantial number of small entities. The basis of this 
certification was published in the notice of proposed rulemaking. No 
comments were received regarding this certification. Therefore, the 
Department reaffirms the basis of the certification. As a result, a 
final regulatory flexibility analysis is not required and none has been 
prepared.

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 that have been cleared under OMB 
Control Nos. 0693-0015 and 0651-0028. The public reporting burden 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.

[[Page 39801]]

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: June 14, 2000.
Karen H. Brown,
Deputy Director, National Institute of Standards and Technology.

    Dated: June 20, 2000.
William Reinsch,
Under Secretary, Bureau of Export Administration.


    Dated: June 21, 2000.
Q. Todd Dickinson,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.

    For reasons set forth in the preamble, Title 15 of the Code of 
Federal Regulations is 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, 104 Stat. 
2943, as amended by Pub. L. 104-113, 110 Stat. 775; Pub. L. 105-234, 
112 Stat. 1536; and Pub. L. 106-34, 113 Stat. 118.


    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 (the Act) (15 
U.S.C. 5401 et seq., as amended by Public Law 104-113, Public Law 105-
234, and Public Law 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 record of insignia, as contained in subpart D of 
this part, to the Under Secretary for Intellectual Property and 
Director of the United States Patent and Trademark Office.


Sec. 280.2  [Removed]


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. The application for registration of 
a trademark on the Principal Register is no longer pending at the 
United States Patent and Trademark Office.
    Act. The Fastener Quality Act (15 U.S.C. 5401 et seq., as amended 
by Pub. L. 104-113, Pub. L. 105-234, and Public Law 106-34).
* * * * *
    Director, NIST. The Director of the National Institute of Standards 
and Technology.
    Director, USPTO. The Under Secretary for Intellectual Property and 
Director of the United States Patent and Trademark Office.
    Fastener Insignia Register. The register of recorded fastener 
insignias maintained by the Director.
* * * * *
    Principal Register. The register of trademarks established under 15 
U.S.C. 1051.
* * * * *
    Revisions includes changes made to existing ISO/IEC Guides or other 
documents, and redesignations of those Guides or documents.
* * * * *

    4. Sections 280.3 through 280.16 and Subparts C through F 
(Secs. 280.200 through 280.504) and I through L (Secs. 280.800 through 
280.1127) are removed, and Subpart B is revised to read as follows:
Subpart B--Petitions, Affirmations, and Laboratory Accreditation
Sec.
280.101   Petitions for Approval of Documents.
280.102   Affirmations.
280.103   Laboratory Accreditation.

Subpart B--Petitions, Affirmations, and Laboratory Accreditation


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, NIST, 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: FQA Document Certification, 
NIST, 100 Bureau Drive, Gaithersburg, MD 20899.
    (3) The Director, NIST, 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, NIST, to make 
this determination.
    (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, NIST, 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: FQA Document Certifications, 
NIST, 100 Bureau Drive, Gaithersburg, MD 20899.
    (3) The Director, NIST, 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, NIST, 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, NIST, 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: FQA Document Certifications, 
NIST, 100 Bureau Drive, Gaithersburg, MD 20899.
    (3) The Director, NIST, 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, NIST, to make 
this determination.

[[Page 39802]]

    (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, NIST, 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: FQA Document Certifications, 
NIST, 100 Bureau Drive, Gaithersburg, MD 20899.
    (3) The Director, NIST, 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, NIST, to make 
this determination.
    (e) Electronic copies of ISO/IEC Guides may be purchased through 
the American National Standards Institute (ANSI), Internet: http://www.ansi.org. Copies of the relevant ISO/IEC Guides are available for 
inspection in the U.S. Department of Commerce Reading Room, 14th Street 
and Constitution Avenue, NW, Washington, DC 20230, Room B-399.


Sec. 280.102  Affirmations.

    (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, NIST, that it meets 
the requirements of ISO/IEC Guide 61 (or another document approved by 
the Director, NIST, 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, NIST, that it meets the requirements of ISO/IEC Guide 58 (or 
another document approved by the Director, NIST, 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: FQA Document 
Certifications, NIST, 100 Bureau Drive, Gaithersburg, MD 20899.
    (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 laboratory accreditation 
program that may be established by any entity or entities, which have 
affirmed to the Director, NIST, under Sec. 280.102 of this subpart, or 
by the National Voluntary Laboratory Accreditation Program for 
fasteners, established by the Director, NIST, under part 285 of this 
chapter.

Subpart G [Redesignated as 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. It shall be unlawful for a manufacturer or 
distributor, in conjunction with the sale or offer for sale of 
fasteners from a single lot, to knowingly misrepresent or falsify--
    (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. Unless the specifications provide 
otherwise, fasteners that are required by the applicable consensus 
standard or standards to bear an insignia identifying their 
manufacturer shall not be offered for sale or sold in commerce unless
    (1) The fasteners bear such insignia; and
    (2) The manufacturer has complied with the insignia recordation 
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. 5408(b)(6).


Secs. 280.11 and 280.218  [Amended]

    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).


Secs. 280.204 and 280.208  [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).


Secs. 280.204 and 280.218  [Amended]

    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).


Sec. 280.214  [Amended]

    13. In redesignated Sec. 280.214(b), the reference to 
``Sec. 280.613'' is revised to read ``Sec. 280.212''.


Sec. 280.207  [Amended]

    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''.


Sec. 280.219  [Amended]

    16. In redesignated Sec. 280.219(c), the reference to 
``Sec. 280.619(c)'' is revised to read ``Sec. 280.218(c)''.


Secs. 280.221 and 280.222  [Amended]

    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).

[[Page 39803]]

Secs. 280.208, 280.218, 280.219, 280.220 and 280.221  [Amended]

    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).

    18a. Redesignated Sec. 280.221 is amended by revising the second 
sentence of paragraph (b) to read as follows:


Sec. 280.221  Record for decision and availability of documents.

* * * * *
    (b) * * * A party seeking to restrict access to any portion of the 
record is responsible for submitting, at the time specified in 
paragraph (c)(2) of this section, a version of the document proposed 
for public availability that reflects the requested deletion. * * *
* * * * *

Subpart H [Redesignated as Subpart D]

    19. Subpart H (Secs. 280.700, 280.710 through 280.713, and 280.720 
through 280.726) is redesignated as Subpart D, consisting of 
Secs. 280.300, 280.310 through 280.313, and 280.320 through 280.326.

    20. Redesignated Sec. 280.300 is revised to read as follows:


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

    Unless the specifications provide otherwise, 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; and
    (b) Apply the insignia to any fastener that is sold or offered for 
sale. The insignia must be readable, and must be applied using the 
method for applying a permanent insignia that is provided for in the 
applicable consensus standard(s), or, if the applicable consensus 
standard(s) do(es) not specify a method for applying a permanent 
insignia, through any means of imprinting a permanent impression.

    21. Redesignated Sec. 280.310 is amended by revising the heading, 
paragraph (a), paragraphs (b)(1), (b)(2), (b)(3), (b)(4), 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 paragraphs (c) and 
(d) 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. The application must be in a form prescribed by the 
Director, USPTO.
    (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) Either:
    (i) A request for recordal and issuance of a unique alphanumeric 
designation by the Director, USPTO, or
    (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.
    (d) Applications and other documents should be addressed to: Box 
Fastener, Director, United States Patent and Trademark Office, 
Washington, DC 20231.

    22. Redesignated Sec. 280.311 is revised to read as follows:


Sec. 280.311  Review of the application.

    The Director, USPTO, will review the application for compliance 
with Sec. 280.310. If the application does not contain one or more of 
the elements required by Sec. 280.310, the Director, USPTO, will not 
issue a certificate of recordal, and will return the papers and fees. 
The Director, USPTO, will notify the applicant for recordal of any 
defect in the application. Applications for recordal of an insignia may 
be re-submitted to the Director, USPTO, at any time.

    23. Redesignated Sec. 280.312 is revised to read as follows:


Sec. 280.312  Certificate of recordal.

    (a) If the application complies with the requirements of 
Sec. 280.310, the Director, USPTO, shall accept the application and 
issue a certificate of recordal. Such certificate shall be issued in 
the name of the United States of America, under the seal of the United 
States Patent and Trademark Office, and a record shall be kept in the 
United States Patent and Trademark Office. 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 June 8, 1999, shall 
remain in active status 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, 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 Director, USPTO, 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 United States 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 Director, USPTO, has recorded a 
trademark as its fastener insignia may apply for issuance and recordal 
of an 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:

[[Page 39804]]

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 Director, USPTO, 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 and 
third sentences of paragraph (a), revising the first sentence of 
paragraph (b), revising paragraph (d), revising the first sentence of 
paragraph (e), 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 United States Patent and Trademark 
Office within three months of the transfer or assignment. A copy of 
such transfer or assignment must also be sent to: Box Fastener, 
Director, United States Patent and Trademark Office, Washington, DC 
20231.
    (b) Upon transfer or assignment of a trademark application or 
registration which forms the basis of a certificate of recordal, the 
Director, USPTO, shall designate the certificate of recordal as 
inactive. * * *
* * * * *
    (d) A fastener insignia consisting of an alphanumeric designation 
issued by the Director, USPTO, can be transferred or assigned.
    (e) Upon transfer or assignment of an alphanumeric designation, the 
Director, USPTO, shall designate such alphanumeric designation as 
inactive. * * *
    (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 the 
introductory sentence of paragraph (a), 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) The Director, USPTO, shall designate the certificate of 
recordal as inactive, upon:
    (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 Director, USPTO, shall maintain a record of the names, current 
addresses, and legal entities of all recorded manufacturers and their 
recorded insignia.

    30. Redesignated Sec. 280.326 is amended by revising the heading 
and the second sentence to read as follows:


Sec. 280.326  Records and files of the United States Patent and 
Trademark Office

    * * * Copies of any such records may be obtained upon request and 
payment of the fee set by the Director, USPTO.


Secs. 280.311, 280.312 and 280.323  [Amended]

    31. 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; redesignated 
Sec. 280.323(e).
[FR Doc. 00-16212 Filed 6-27-00; 8:45 am]
BILLING CODE 3510-13-P