[Federal Register Volume 72, Number 106 (Monday, June 4, 2007)]
[Rules and Regulations]
[Pages 30703-30704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10707]


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DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

15 CFR Part 280

[Docket No. 070404076-7077-01]
RIN 0693-AB57


Fastener Quality Act

AGENCY: National Institute of Standards and Technology, 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 
Director of the United States Patent and Trademark Office (USPTO), 
United States Department of Commerce, are amending the rules that 
implement the Fastener Quality Act of 1999 to provide that all 
documents submitted in connection with the recordal of fastener 
insignia must be mailed to a particular postal box maintained by United 
States Patent and Trademark Office.

DATES: This final rule is effective on June 4, 2007.

FOR FURTHER INFORMATION CONTACT: Jennifer Chicoski, Office of the 
Commissioner for Trademarks, P.O. Box 1451, Alexandria, Virginia 22313-
1451, telephone number (571) 272-8943, e-mail address 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The Fastener Quality Act of 1999, Public Law 101-592 (as amended by 
Pub. L. 104-113, Pub. L. 105-234 and Pub. L. 106-34) requires the 
Secretary of Commerce to establish a program for the recordation of the 
identifying insignia of certain fasteners. The rules set forth at 
Subpart D of 15 CFR 280.300 et seq. accordingly provide for a 
recordation system, and that system is maintained at the United States 
Patent and Trademark Office (USPTO). One of the rules, 15 CFR 
280.310(d), provides that all documents pertaining to recordation must 
be mailed to a particular postal box maintained by the USPTO in 
Arlington, VA. A second rule, Section 280.323(a), requires copies of 
documentation of transfers or assignments of trademark applications or 
registrations which form the basis of a recorded insignia be sent to a 
postal box in Washington, DC.
    The efficiency of the insignia recordation program will be enhanced 
if documents submitted in connection with the program are mailed to a 
postal box that is at the USPTO's headquarters in Alexandria, Virginia. 
Accordingly, Sections 280.300 et seq. are amended to provide that these 
documents be mailed to that postal box.
    This final rule amends section 280.310, Application for Insignia, 
and section 280.323, Transfer or Assignment of the Trademark 
Registration or Recorded Insignia, to identify the postal box to which 
all documents pertaining to recordation should be sent. The United 
States Postal Service has provided a separate routing +4 zip code to 
distinguish mail relating to the Fastener Quality Act (FQA) from other 
USPTO mail, and all such correspondence should now be sent to the 
USPTO's main headquarters, addressed with the separate routing +4 zip 
code.
    The USPTO appreciates that it will take some period of time for all 
persons filing correspondence relating to the FQA to become accustomed 
to the address change. Although the address change is effective 
immediately, the USPTO plans to arrange for continued delivery of 
correspondence addressed to the former Arlington, Virginia 22215 
address as a courtesy for a limited period of time. The USPTO cannot 
ensure the availability of the Arlington, Virginia Post Office Box for 
receipt of FQA correspondence after October 31, 2007.

Additional Information

Executive Order 12866

    This rule of agency organization and management is not subject to 
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.

Administrative Procedure Act

    Prior notice and an opportunity for public comment are not required 
for this rule of agency organization, procedure, or practice. 5 U.S.C. 
553(b)(A). This rule revises the regulations to identify the address 
where documents submitted in connection with the recordal of fastener 
insignia may be mailed.

Regulatory Flexibility Act

    Because notice and comment are not required under 5 U.S.C. 553, or 
any other law, the analytical requirements of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) are inapplicable. As such, a 
regulatory flexibility analysis is not required.

Paperwork Reduction Act

    This rule involves a collection of information that is subject to 
the Paperwork Reduction Act (PRA), and that has been approved by the 
Office of Management and Budget (OMB) under control number 0651-0028. 
Notwithstanding any other provision of the law, no person is required 
to comply, 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.

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

[[Page 30704]]

National Environmental Policy Act of 1969.

List of Subjects in 15 CFR Part 280

    Business and industry, Imports, Laboratories, Reporting and 
recordkeeping requirements.

0
For the reasons set forth in the preamble, the National Institute of 
Standards and Technology and the United States Patent and Trademark 
Office amend 15 CFR part 280, subpart D, as follows:

PART 280--FASTENER QUALITY

0
1. The authority citation for part 280 continues to read:

    Authority: 15 U.S.C. 5401 et seq.

Subpart D--Recordal of Insignia

0
2. Section 280.310 is amended by revising paragraph (d) to read as 
follows:


Sec.  280.310  Application for insignia.

* * * * *
    (d) Applications and other documents should be addressed to: 
Director, United States Patent and Trademark Office, ATTN: FQA, 600 
Dulany Street, MDE-10A71, Alexandria, VA 22314-5793.

0
3. Section 280.323 is amended by revising paragraph (a) to read as 
follows:


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

    (a) A trademark application or registration which forms the basis 
of a fastener recordal may be transferred or assigned. 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: Director, United States Patent and Trademark Office, 
ATTN: FQA, 600 Dulany Street, MDE-10A71, Alexandria, VA 22314-5793.
* * * * *

    Dated: May 24, 2007.
Jon W. Dudas,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.

    Dated: May 29, 2007.
James M. Turner,
Deputy Director, National Institute of Standards and Technology.
[FR Doc. E7-10707 Filed 6-1-07; 8:45 am]
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