[Federal Register: September 17, 1996 (Volume 61, Number 181)] [Proposed Rules] [Page 48872-48873] From the Federal Register Online via GPO Access [wais.access.gpo.gov] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Patent and Trademark Office 37 CFR Part 2 [Docket No. 960828232-6232-01] RIN 0651-AA90 Recordal Fees Associated with the Fastener Quality Act AGENCY: Patent and Trademark Office, Commerce. ACTION: Notice of Proposed Rulemaking. ----------------------------------------------------------------------- SUMMARY: The Patent and Trademark Office (PTO) is proposing to establish fees associated with recordation of insignias of manufacturers and private label distributors to ensure the traceability of a fastener to its manufacturer or private label distributor. This proposal is in accordance with provisions of the Fastener Quality Act. DATES: Written comments must be submitted on or before October 17, 1996. No meeting will be held. ADDRESSES: Address written comments to the Commissioner of Patents and Trademarks, Washington, D.C. 20231, Attention: Lizbeth Kulick, Office of the Assistant Commissioner for Trademarks, 2900 Crystal Drive, Arlington, Va. 22202-3513 or by fax to (703) 308-7220. FOR FURTHER INFORMATION CONTACT: Lizbeth Kulick by telephone at (703) 308-8900, or by fax at (703) 308-7220, or by mail marked to her attention and addressed to the Assistant Commissioner for Trademarks, 2900 Crystal Drive, Arlington, Va. 22202-3513. SUPPLEMENTARY INFORMATION: The Department of Commerce issued a notice of proposed rulemaking to implement the Fastener Quality Act. 57 FR 37032, Aug. 17, 1992. Under that notice, the task of recording fastener insignia was assigned to the PTO. 57 FR 37033-35, Aug. 17, 1992. That notice provided for recovery of insignia costs through user fees. 57 FR 37035-36, Aug. 17, 1992. The PTO proposes three twenty-dollar fees to recover its costs associated with the insignia recordation program. Cost Calculations The cost of processing an application for recordal of an insignia is as follows: Compensation and Benefits.........................................1,000 Hardware and Software Costs.......................................4,500 Subtotal..........................................................5,500 General and Administrative Overhead @ 17%...........................950 Total Costs.......................................................6,450 Estimated Workload..................................................300 Fee Amount........................................................21.50 Rounded Fee.........................................................$20 Two rules, 37 CFR Secs. 2.53 and 2.189, are being removed because they are not necessary. Section 2.53 specifies the manner in which drawings must be transmitted. Section 2.189 simply states the Office's policy on publishing amendments to the rules. The policy is not changing, but does not have to be stated as a rule. Other Considerations It has determined that this rule is not significant for the purposes of Executive Order 12866. The information collections required by this proposed rule are pending approval before the Office of Management and Budget (OMB number 0651-0028). The affected public would be manufacturers and private label distributors of certain types of industrial fasteners. The estimated average number of responses is six hundred. The estimated time per response is ten minutes, so the estimated total annual burden is one hundred hours. The collected information is needed to ensure that a fastener can be traced to its manufacturer or private label distributor. This proposed fee does not require notice and comment under 5 U.S.C. 553 or any other statute, so no analysis or certification is required under 5 U.S.C. 603(a). Lists of Subjects in 37 CFR Part 2 Administrative practice and procedure, Courts, Lawyers, Trademarks. For the reasons set forth in the preamble, the PTO proposes to amend 37 CFR part 2 as set forth below. PART 2--RULES APPLICABLE TO TRADEMARK CASES 1. The authority citation for part 2 continues to read as follows: Authority: 15 U.S.C. 1123; 35 U.S.C. 6, unless otherwise noted. 2. Section 2.7 is added to read as follows: Sec. 2.7 Fastener Recordal Fees. (a) Application fee for recordal of insignia.....................$20.00 (b) Renewal of insignia recordal.................................$20.00 [[Page 48873]] (c) Surcharge for late renewal of insignia recordal..............$20.00 Sec. 2.53 [Removed] 3. Section 2.53 is removed. Sec. 2.189 [Removed] 4. Section 2.189 is and the undesignated center heading ``Amendment of Rules'' are removed. Dated: September 10, 1996. Bruce A. Lehman, Assistant Secretary of Commerce and Commissioner of Patents and Trademarks. [FR Doc. 96-23666 Filed 9-16-96; 8:45 am] BILLING CODE 3510-16-P