[Federal Register Volume 67, Number 233 (Wednesday, December 4, 2002)]
[Notices]
[Pages 72150-72151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30746]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office


Fastener Quality Act Insignia Recordal Process

ACTION: Proposed collection; comment request.

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SUMMARY: The United States Patent and Trademark Office (USPTO), as part 
of its continuing effort to reduce paperwork and respondent burden, 
invites the general public and other Federal agencies to comment on the 
continuing information collection, as required by the Paperwork 
Reduction Act of 1995, Pub. L. 104-13 (44 U.S.C. 3506(c)(2)(A)).

DATES: Written comments must be submitted on or before February 3, 
2003.

ADDRESSES: Direct all written comments to Susan K. Brown, Records 
Officer, Office of Data Architecture and Services, Data Administration 
Division, USPTO, Suite 310, 2231 Crystal Drive, Washington, DC 20231; 
by telephone at (703) 308-7400; or by electronic mail at 
[email protected].

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to Lynne Beresford, Deputy Commissioner for 
Trademark Examination Policy, Office of the Commissioner for 
Trademarks, USPTO, Washington, DC 20231; by telephone at (703) 306-
3109; or by electronic mail at [email protected].

SUPPLEMENTARY INFORMATION

I. Abstract

    Under Section 5 of the Fastener Quality Act (FQA), 15 U.S.C. 5401 
et seq. (as amended by Pub. L. 104-113, Pub. L. 105-234, and Pub. L. 
106-34), certain industrial fasteners are required to bear an insignia 
identifying the manufacturer. The manufacturer must record this 
insignia with the USPTO. The procedures for the recordal of insignias 
under the FQA are set forth in 15 CFR 280.300 et seq.
    This information collection was previously approved by the Office 
of Management and Budget (OMB) in February 2000 in conjunction with a 
proposed rule implementing the changes contained in the FQA Amendments 
that were enacted on June 8, 1999 (Pub. L. 106-34). The final rule 
notice entitled ``Procedures for Implementation of the Fastener Quality 
Act'' was published in the Federal Register on June 28, 2000 (Vol. 65, 
No. 125). Under the current rules of practice, only manufacturers of 
certain fasteners are required to record insignias. Previously, private 
label distributors were also required to record fastener insignias. The 
purpose of this collection is to ensure that a fastener can be traced 
to its manufacturer.
    It is mandatory for manufacturers of fasteners covered by the FQA 
to submit an application to the USPTO for recordal of an insignia on 
the Fastener Insignia Register. The insignia may be either a unique 
alphanumeric designation that the USPTO will issue upon request, or a 
trademark that is either (1) registered at the USPTO or (2) the subject 
of an application to obtain a registration. Upon successful application 
for recordal of a fastener insignia, the USPTO will issue a Certificate 
of Recordal, which must be renewed every five years. If ownership of a 
recorded alphanumeric designation is assigned to another entity, the 
designation becomes ``inactive'' and the new owner must submit an 
application in order to reactivate the designation within six months of 
the date of assignment. If the recordal is based on a trademark 
application or registration that is assigned to a new owner, the 
recordal becomes ``inactive'' and cannot be reactivated. Instead, the 
new owner of the trademark application or registration must apply for a 
new recordal.
    This information collection includes one form, the Application for 
Recordal of Insignia under the Fastener Quality Act (PTO-1611), which 
provides manufacturers with a convenient way to submit a request for 
the recordal of a fastener insignia or to renew or reactivate an 
existing Certificate of Recordal. Use of form PTO-1611 is not 
mandatory, and applicants may instead prepare requests for recordal 
using their own format. In November 2001, OMB approved a change 
worksheet submitted by the USPTO that reduced the burden for this 
information collection due to the USPTO receiving fewer Applications 
for Recordal of Insignia under the Fastener Quality Act than previously 
estimated.
    The USPTO uses the information in this collection to maintain the 
Fastener Insignia Register, which is open to public inspection. The 
Fastener Insignia Register may be downloaded from the USPTO web site, 
and printed copies may be purchased from the USPTO.

II. Method of Collection

    By mail, facsimile, or hand delivery to the USPTO.

III. Data

    OMB Number: 0651-0028.
    Form Number(s): PTO-1611.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses or other for-profits.
    Estimated Number of Respondents: 150 responses per year.
    Estimated Time Per Response: The USPTO estimates that it will take 
the public approximately 10 minutes (0.17 hours) to gather the 
necessary information, prepare the form, and submit the request for 
recordal or renewal of a fastener insignia to the USPTO.
    Estimated Total Annual Respondent Burden Hours: 26 hours per year.
    Estimated Total Annual Respondent Cost Burden: $780 per year. The 
USPTO expects that the information in this collection will be prepared 
by paraprofessionals at an estimated rate of $30 per hour. Therefore, 
the USPTO estimates that the respondent cost burden for this collection 
will be $780 per year.

[[Page 72151]]



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                                                                       Estimated       Estimated
                  Item                       Estimated time for         annual       annual burden
                                                  response             responses         hours
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Application for Recordal or Renewal of   10 minutes...............             150              26
 Insignia Under the Fastener Quality
 Act.
                                        ----------------------------
      Total............................  .........................             150              26
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    Estimated Total Annual Non-hour Respondent Cost Burden: $3,474. 
There are no capital start-up costs or maintenance costs associated 
with this information collection. However, this collection does have 
annual (non-hour) costs in the form of filing fees. Customers may also 
incur postage costs when submitting the Application for Recordal of 
Insignia Under the Fastener Quality Act to the USPTO by mail.
    Under 37 CFR 2.7, the filing fee for a recordal of fastener 
insignia, a renewal of an insignia recordal, or the surcharge for a 
late renewal is $20. If a manufacturer submits a renewal after the 
expiration date but within six months of that date, then the 
manufacturer must pay the $20 renewal fee as well as a $20 late renewal 
surcharge, for a total fee of $40 for a late renewal. The USPTO 
estimates that approximately 20 of the 150 responses per year will be 
late renewals that incur the surcharge. Therefore, the total filing 
costs for this collection will be $3,400 per year for applications for 
recordal of fastener insignia, renewals, and late renewals.
    The public may submit the information for this collection to the 
USPTO by mail through the United States Postal Service. The USPTO 
estimates that the average first-class postage cost for a mailed 
submission will be 49 cents, for a total postage cost of $74 per year.
    The total non-hour respondent cost burden for this collection in 
the form of filing fees and postage costs is $3,474 per year.

IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information shall have practical 
utility; (b) the accuracy of the agency's estimate of the burden 
(including hours and cost) of the proposed collection of information; 
(c) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (d) ways to minimize the burden of the 
collection of information on respondents, e.g., the use of automated 
collection techniques or other forms of information technology.
    Comments submitted in response to this notice will be summarized or 
included in the request for OMB approval of this information 
collection; they also will become a matter of public record.

    Dated: November 27, 2002.
Susan K. Brown,
Records Officer, USPTO, Office of Data Architecture and Services, Data 
Administration Division.
[FR Doc. 02-30746 Filed 12-3-02; 8:45 am]
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