[Federal Register: December 15, 1999 (Volume 64, Number 240)]
[Proposed Rules]
[Page 69969-69975]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15de99-21]
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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.
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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 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