[Federal Register Volume 61, Number 181 (Tuesday, September 17, 1996)]
[Proposed Rules]
[Pages 48872-48873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23666]
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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.
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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
