FR 2021-00933

The document under review is a notice issued by the United States Patent and Trademark Office (USPTO) seeking public comments on the extension and revision of an existing information collection related to the Fastener Quality Act Insignia Recordal. This initiative is designed to enhance the traceability and accountability of industrial fasteners by requiring manufacturers to register insignias with the USPTO.

General Summary

The document details a request for public comments on extending and revising the process by which fastener manufacturers record insignias with the USPTO. This recording process is a regulatory requirement established under the Fastener Quality Act to protect against the sale of counterfeit and mismarked fasteners by ensuring they can be traced back to the original manufacturers. The public comment period is open until March 16, 2021, giving stakeholders a chance to weigh in on the process's necessity, accuracy, and effectiveness.

Significant Issues and Concerns

1. Lack of Detailed Cost Justification: The document estimates an annual respondent cost burden of $19,200, but it does not provide a clear justification or breakdown of how this figure was derived. This lack of transparency makes it challenging to evaluate whether this cost is reasonable or inflated.

2. Connection to Attorney Costs: The document references a mean hourly rate for attorneys but does not explain how this figure relates to the duties or responsibilities of the respondents. This leaves questions about whether the attorney rate has been appropriately applied in the context of the respondents’ tasks.

3. Estimated Burden Hours: The estimate of 48 total annual respondent burden hours lacks a detailed explanation, preventing a thorough verification of its validity. Additional clarity on methodology would be beneficial.

4. Filing Fees and Postage Costs: While specific numbers are given for filing fees and postage costs, the document does not discuss potential variability in these expenses. Understanding how these costs might fluctuate could help stakeholders plan accordingly.

5. Complex Language: The text uses technical and complicated language, such as "Applicants for Recordal of Insignia" and references to specific legislative and regulatory codes. These could pose understanding challenges for a general audience.

6. Complex Reactivation Procedures: The document briefly touches on the process required when a recorded designation is assigned to a new owner. The description may be too intricate for some stakeholders, warranting a more straightforward explanation.

7. Electronic Submission Details: Although the document mentions that responses can be submitted electronically, it does not elaborate on the specifics of such submissions. Additional guidance would likely be welcomed by those preferring digital methods.

Impact on the Public and Stakeholders

For the general public, particularly those not involved in the fastener industry, the direct impact of this document may be minimal. However, understanding the measures in place to ensure product authenticity and safety could be reassuring, as it reflects the USPTO's efforts to prevent counterfeits that could compromise consumer safety.

For manufacturers and stakeholders in the fastener industry, the document signifies potential changes or continuations in their regulatory obligations related to insignia recordal. The costs and procedures described could have operational impacts, affecting how they manage compliance with federal regulations. Additionally, stakeholders who engage in the public comment process have an opportunity to influence how these regulations are shaped.

Overall, while the document addresses necessary regulatory updates, improvements in clarity and transparency regarding costs, procedures, and estimation rationales would aid stakeholders and the public in understanding and effectively participating in this aspect of the regulatory process.

The Federal Register document involves a proposal for the extension and revision of an information collection by the United States Patent and Trademark Office (USPTO) concerning the Fastener Quality Act's insignia recordal process. It provides several references to estimated financial costs associated with respondents to this information collection effort.

Summary of Financial References

The document estimates an annual respondent hourly cost burden of $19,200. Additionally, there is an estimated annual non-hour respondent cost burden of $2,136, which includes filing fees amounting to $2,120 and postage costs of $16. The document also notes that the mean rate for attorneys in private firms is $400 per hour. These figures collectively provide a monetary picture of the cost implications for industry stakeholders participating in this process.

Financial Implications and Identified Issues

A key concern arising from these financial details is the lack of explicit justification for the estimated hourly cost burden of $19,200. The document does not provide a clear breakdown of how this figure is derived, which raises questions about its accuracy and if it might represent excessive or inadequate spending by the respondents. Without detailed contextual information, stakeholders may find it challenging to ascertain if this estimation accurately reflects the necessary effort required for compliance with the insignia recordal process.

The mention of the $400 hourly rate for attorneys is notable, but the document does not directly link this rate to the respondents' work. It remains unclear how, if at all, this rate affects the estimated cost burdens mentioned. Further elaboration would be needed to understand whether respondents typically enlist legal assistance at this rate and how it impacts the expenses related to the recordal process.

Additionally, the document outlines specific filing and postage costs, which appear relatively straightforward. However, there is an absence of information regarding any variability in these costs or future fluctuations, which could affect ongoing compliance costs for respondents.

Overall, while the document gives baseline monetary figures, it falls short in addressing critical aspects like the justification for these cost estimates or potential cost variability, which could aid stakeholders in understanding the financial demands of complying with the Fastener Quality Act’s insignia recordal requirements.