(135)                      Department of Commerce
                          Patent and Trademark Office

                                 37 CFR Part 2
                        [Docket No. 960828232-6294-02]
                                 RIN 0651-AA90

              Establishment of Recordal Fees Associated with the
                             Fastener Quality Act

Agency: Patent and Trademark Office, Commerce
Action: Final Rule. 
Summary: The Patent and Trademark Office (PTO) is amending the rules of
practice to establish fees associated with recordation of insignia of
manufacturers and private label distributors to ensure the traceability
of a fastener to its manufacturer or private label distributor. This
amendment is in accordance with the provisions of the Fastener Quality
Act. 15 U.S.C. 5401 et seq. 
Effective Date: November 25, 1996.
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, Virginia, 22202-3513. 
Supplementary Information: On August 17, 1992, the Department of
Commerce issued a notice of proposed rulemaking to implement the
Fastener Quality Act (Act). 57 FR 37032. In that notice, the PTO was
identified as the Office within the Commerce Department with the
responsibility for recording the fastener insignia of manufacturers and
private label distributors as required by Section 8 of the Act. 57 FR
37033-35, August 17, 1992. The notice proposed that the costs of
recording insignia be recovered by user fees. 57 FR 37035-36, August 17,
1992.
   The PTO must publish a notice in the Federal Register of any change
of its fees at least 30 days before the effective date thereof. 15
U.S.C. 1113(a). On September 17, 1996, a notice of proposed rulemaking
was published in the Federal Register, at 61 FR 48872-73, to announce
three proposed fees of twenty dollars each, to recover costs associated
with the insignia recordal program. The PTO has received no comments
regarding the proposed fees.
   Additionally, the September 17th notice proposed to remove two rules
from Part 2, 37 C.F.R. 2.53 and 2.189, because they were deemed not
administratively 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. This policy is not
changing, but will no longer be stated as a rule. No comments were
received on the proposed removal of the two rules.
Other Considerations
   This rule is not significant for the purposes of Executive Order
12866. The Office of Management and Budget approved the information
collections required by this rule on October 1, 1996 (OMB number
0651-0028). This clearance expires October 31, 1999. The affected public
is 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.
   Notwithstanding any other provision of law, no person is required to
respond to, nor shall a person be subject to a 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 fee does not require notice and comment under 5 U.S.C.
553 or any other statute, so no analysis or certification is required
trader 5 U.S.C. 603(a). 

List of Subjects in 37 CFR Part 2

   Administrative practice and procedure, Courts, Lawyers, Trademarks.
   
   For the reasons set out in the preamble, 37 CFR Part 2 is amended as
set forth below.
   
PART 2 - RULES OF PRACTICE IN 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: 

   2.7 Fastener Recordal Fees 
(a) Application fee for recordal of insignia                    $20.00
(b) Renewal of insignia recordal                                $20.00
(c) Surcharge for late renewal of insignia recordal             $20.00

   2.53 [Removed]
   3. Section 2.53 is removed.

   2.189 [Removed]
   4. Section 2.189 and the undesignated center heading "Amendment of
Rules" are removed.

October 23, 1996                                        BRUCE A LEHMAN
                                   Assistant Secretary of Commerce and
                                Commissioner of Patents and Trademarks

                                 [1192 OG 19]