[Federal Register Volume 66, Number 73 (Monday, April 16, 2001)]
[Notices]
[Pages 19428-19429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9286]


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PATENT AND TRADEMARK OFFICE


Submission of Official Tribal Insignia of Federally- and State-
Recognized Native American Tribes for Inclusion in a United States 
Patent and Trademark Office Database

ACTION: New information collection; comment request.

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SUMMARY: The United States Patent and Trademark Office (USPTO), as part 
of its continuing effort to reduce paperwork and respondent burden, 
invites the general public and other Federal agencies to comment on the 
new proposed information collection, as required by the Paperwork 
Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

DATES: Written comments must be submitted on or before June 15, 2001.

ADDRESSES: Direct all written comments to Susan K. Brown, Records 
Officer, (703) 308-7400, Data Administration Division, Office of Data 
Management, United States Patent and Trademark Office, Crystal Park 3, 
3rd Floor, Suite 310, Washington, D.C. 20231 or via the Internet at 
[email protected].

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to Ari Leifman, by mail, United States Patent and 
Trademark Office, 2900 Crystal Drive, Room 10B10, Arlington, Va. 22202, 
by phone at (703) 308-8900, or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Abstract

    Title III of Public Law 105-330 required the United States Patent 
and Trademark Office (USPTO) to conduct a study as to how the official 
insignia of Native American Tribes could be better protected under 
Trademark law. A study was conducted, and a report was presented to the 
Chairman of the Committee on the Judiciary of the Senate and to the 
Chairman of the Committee on the Judiciary of the House of 
Representatives on November 30, 1999.
    One of the recommendations set forth in the report was that the 
USPTO create and maintain an accurate and comprehensive database of the 
official insignias of Native American tribes.
    Accordingly, the USPTO will create such a database, and will accept 
requests from any federally- or state-recognized Native American tribe 
to include that tribe's official insignia in the database.
    Requests from federally-recognized tribes will be in writing, and 
will be accompanied by (1) a depiction of the insignia, including the 
name of the tribe and an address for correspondence; (2) a copy of the 
tribal resolution adopting the insignia in question as the official 
insignia of the tribe; and (3) a statement, signed by an official with 
authority to bind the tribe, confirming that the insignia included with 
the request is identical to the official insignia adopted by tribal 
resolution.
    Requests from state-recognized tribes will likewise be in writing, 
and will likewise be accompanied by each of the three items to be 
submitted by federally-recognized tribes. Additionally, requests from 
state-recognized tribes will also be accompanied by either a document 
issued by a state official that demonstrates that the state has 
determined that the entity is a Native American tribe, or a citation to 
a state statute that designates the entity as a Native American tribe.

II. Method of Collection

    By mail to a United States Postal Service mailbox or by facsimile 
to (703) 872-9192.

III. Data

    OMB Number: 0651-00XX.
    Form Number(s): There are no forms associated with this information 
collection.
    Type of Review: New information collection.
    Affected Public: Tribal governments and the Federal Government.
    Estimated Number of Respondents: 400 responses per year. The USPTO 
estimates that 200 responses will be received yearly from federally-
recognized Native American tribes and 200 responses received yearly 
from state-recognized Native American tribes.
    Estimated Time Per Response: The USPTO estimates that federally-
recognized Native American tribes will require 10 minutes (.17 hours) 
to supply the information needed to record an official insignia and 
that state-recognized Native American tribes will require 12 minutes 
(.20 hours) to supply the information needed to record an official 
insignia.
    Estimated Total Annual Respondent Burden Hours: 74 hours per year.
    Estimated Total Annual Respondent Cost Burden: Using the para-
professional hourly rate of $30.00 per hour for members of the Native 
American tribes and tribal governments, the USPTO estimates that salary 
costs associated with the respondents will be $2,220.00 per year.

------------------------------------------------------------------------
                                    Estimated    Estimated
                                     time for      annual     Estimated
               Item                  response      burden       annual
                                    (minutes)      hours      responses
------------------------------------------------------------------------
Request to Record an Official               10           34          200
 Native American Tribe Insignia
 of a Federally-Recognized Tribe.
Request to Record an Insignia of            12           40          200
 a State-Recognized Native
 American Tribe..................
                                               -------------------------
      Total......................  ...........           74          400
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    Estimated Total Annual Nonhour Respondent Cost Burden: $0. There 
are no annual nonhour respondent costs (capital start-up, maintenance, 
filing fees) associated with this collection.

IV. Request for Comments

    Comments are invited on: (a) whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information shall have practical 
utility; (b) the accuracy of the agency's estimate of the burden 
(including hours and cost) of the proposed collection of information; 
(c)

[[Page 19429]]

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 respondents, e.g., the use of automated collection 
techniques or other forms of information
    Comments submitted in response to this notice will be summarized or 
included in the request for OMB approval of this information 
collection. These comments will be made public.

    Dated: April 9, 2001.
Susan K. Brown,
Records Officer, Data Administration Division, Office of Data 
Management.
[FR Doc. 01-9286 Filed 4-13-01; 8:45 am]
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