[Federal Register Volume 64, Number 158 (Tuesday, August 17, 1999)]
[Notices]
[Page 44685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21302]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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 delegations of authority, filing of petitions and applications and agency 
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  Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / 
Notices  

[[Page 44685]]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service
[Docket No. ST-99-005]


Notice of Request for Extension and Revision of a Currently 
Approved Information Collection

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44 
U.S.C. Chapter 35), this notice announces the Agricultural Marketing 
Service's (AMS) intention to request an extension for and revision to a 
currently approved information collection in support of the Regulations 
Governing the Plant Variety Protection Act.

DATES: Comments on this notice must be received by October 18, 1999.

FOR FURTHER INFORMATION CONTACT: Ann Marie Thro, Commissioner, Plant 
Variety Protection Office, Science & Technology, AMS, USDA, NAL 
Building, Room 500, 10301 Baltimore Boulevard, Beltsville, MD 20705-
2351, (301) 504-5518, or Fax: (301) 504-5291.

SUPPLEMENTARY INFORMATION:
    Title: Regulations Governing the Application for Plant Variety 
Protection Certificate and Reporting Requirements under the Plant 
Variety Protection Act.
    OMB Number: 0581-0055.
    Expiration Date of Approval: February 28, 2000.
    Type of Request: Extension and revision of a currently approved 
information collection.
    Abstract: The Plant Variety Protection Act (``PVPA'') (7 U.S.C. 
2321 et seq.) was established ``To encourage the development of novel 
varieties of sexually reproduced plants and make them available to the 
public, providing protection available to those who breed, develop, or 
discover them, and thereby promote progress in agriculture in the 
public interest.''
    The PVPA is a voluntary user funded program which grants 
intellectual property rights protection to breeders of new, distinct, 
uniform, and stable seed reproduced and tuber propagated plant 
varieties. To obtain these rights the applicant must provide 
information which shows the variety is eligible for protection and that 
it is indeed new, distinct, uniform, and stable as the law requires. 
Application forms, descriptive forms, and ownership forms are furnished 
to applicants to identify the information which is required to be 
furnished by the applicant in order to legally issue a certificate of 
protection (ownership). The certificate is based on claims of the 
breeder and cannot be issued on the basis of reports in publications 
not submitted by the applicant. Regulations implementing the PVPA 
appear at 7 CFR part 92.
    Form ST-470, Application for Plant Variety Protection Certificate, 
Form ST-470 series, Objective Description of Variety (Exhibit C to Form 
ST-470P), and Form ST-470-E, Statement of the Basis of Applicant's 
Ownership, are the basis by which the determination, by experts in the 
Plant Variety Protection Office (PVPO), is made as to whether a new, 
distinct, uniform, and stable seed reproduced or tuber-propagated 
variety in fact exists and is entitled to protection.
    The application form would be revised slightly to clarify that 
applicants may specify not only that the variety be sold only as a 
class of certified seed (Foundation, Registered, or Certified) but that 
the applicant may specify a limitation on the number of generations 
within each class. The information received on applications, with 
certain exceptions, is required by law to remain confidential until the 
certificate is issued (7 U.S.C. 2426).
    The information collection requirements in this request are 
essential to carry out the intent of the PVPA, to provide applicants 
with certificates of protection, to provide the respondents the type of 
service they request, and to administer the program.
    Estimate of Burden: Public reporting burden for this collection of 
information is estimated to average 4 hours per response.
    Respondents: Businesses or other for-profit, not-for-profit 
institutions, and Federal Government.
    Estimated Number of Respondents: 116.
    Estimated Number of Responses per Respondent: 3.49.
    Estimated Total Annual Burden on Respondents: 1691 hours.
    Copies of this information collection can be obtained from Lashawn 
Smith, Plant Variety Protection Office, at (301) 504-5518.
    Comments are invited on: (a) Whether the collection of the 
information is necessary for the proper performance of the functions of 
the agency, including whether the information will have practical 
utility; (b) the accuracy of the agency's estimate of the burden of the 
proposed collection of information including the validity of the 
methodology and assumptions used; (c) ways to enhance the quality, 
utility and clarity of the information to be collected; and (d) ways to 
minimize the burden of the collection of information on those who are 
to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology.
    Comments should reference OMB No. 0581-0055 and be sent to: Ann 
Marie Thro, Commissioner, Plant Variety Protection Office, Science & 
Technology, AMS, USDA, NAL Building, Room 500, 10301 Baltimore 
Boulevard, Beltsville, MD 20705-2351. All comments received will be 
available for public inspection during regular business hours at the 
same address.
    All responses to this notice will be summarized and included in the 
request for OMB approval. All comments will also become a matter of 
public record.

    Dated: August 11, 1999.
William J. Franks, Jr.,
Deputy Administrator, Science and Technology.
[FR Doc. 99-21302 Filed 8-16-99; 8:45 am]
BILLING CODE 3410-02-P