[Federal Register Volume 71, Number 22 (Thursday, February 2, 2006)]
[Notices]
[Pages 5638-5639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1382]


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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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  Federal Register / Vol. 71, No. 22 / Thursday, February 2, 2006 / 
Notices  

[[Page 5638]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Docket No. ST-06-01]


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), Science and Technology Program's intention to include 
three new public information collection request forms when submitting 
its request for approval from the Office of Management and Budget 
(OMB), for an extension of and revision to OMB 0581-0055, ``Application 
for Plant Variety Protection Certification and Objective Description of 
Variety.'' Copies of the proposed forms may be obtained by calling the 
Plant Variety Protection Office (PVPO) contact listed.

DATES: Comments on this notice must be received by April 3, 2006.
    Additional Information or Comments: Contact Bernadette Thomas, 
Information Technology Specialist, Plant Variety Protection Office 
(PVPO), Science and Technology, AMS, Room 401, National Agricultural 
Library (NAL), 10301 Baltimore Avenue, Beltsville, MD 20705; Telephone 
(301) 504-5297 and 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: June 30, 2006.
    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.
    Currently approved forms 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 
Basis of Applicant's Ownership, are the basis by which the 
determination, by 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 to add Exhibit F, Declaration 
Regarding Deposit. This addition would be made because the regulations 
have been revised to allow applicants to submit a declaration that a 
voucher seed sample will be deposited, rather than requiring that the 
deposit be made at the time of the application. The application form 
would also be revised slightly to update the Voucher Sample to 3,000 
viable untreated seeds and the Filing and Examination fee. 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 three new forms to be included in the renewal submission for 
approval to OMB are:
    Form ST-471: Request for Credit Card Services.
    Abstract: The information collected on Form ST-471 will be used to 
authorize payment by credit card for services requested by users of 
this fee-for-service program. It allows the requestor to specify their 
contact and billing information. It guides the requestor in providing 
sufficient details regarding the service to be performed so that PVP 
Office staff will know how to apply the payment. The list of services 
and their fees are provided on Page 2 of 3 on the form.
    Estimate of Burden: Public reporting burden for this form is 
estimated to average .5 hours per response.
    Respondents: PVP applicants and other requestors of PVP services.
    Estimated Number of Respondents: 75.
    Estimated Number of Responses per Respondent: 3.
    Estimated Total Annual Responses: 225.
    Estimated Total Annual Burden on Respondents: 112.50.
    Form ST-472: National Center for Genetic Resources Preservation 
Deposit Form for Plant Variety Protection Voucher Sample.
    Abstract: The National Center for Genetic Resources Preservation 
(NCGRP) requests that certain identification accompany the deposit of 
seed samples into their seed storage facility, including who the 
depositor is and what is being deposited. In the past most of this 
information had been provided by the PVP Office since voucher seed 
samples were required to be sent to the PVP Office when an application 
for Plant Variety Protection is filed. A change in procedure allows 
applicants to submit their voucher seed samples directly to the NCGRP. 
As a result of this change in procedure, the information collected from 
applicants on Form ST-472 will provide the NCGRP and the PVP Office 
with the information necessary to deposit a PVP voucher sample. In 
order to handle the sample appropriately, the NCGRP would need to know 
whether it is a genetically engineered organism and whether the 
material is patented.

[[Page 5639]]

    Estimate of Burden: Public reporting burden for this form is 
estimated to average .5 hours per response.
    Respondents: PVP applicants.
    Estimated Number of Respondents: 75.
    Estimated Number of Responses per Respondent: 3.
    Estimated Total Annual Responses: 225.
    Estimated Total Annual Burden on Respondents: 112.50.
    Form ST-473: Recordation Form for Plant Variety Protection Office.
    Abstract: For program purposes, it is important that the ownership, 
contact information, and any encumbrances against PVP Certificates are 
recorded within the PVP Office. Currently, changes in this information 
are often reported in an inconsistent or incomplete manner. This can 
cause difficulties in recording the information and contacting the 
owner, which can result in cancellation of their intellectual property 
rights. The information collected on Form ST-473 will be used to record 
changes in ownership, contact information, assignment, security 
interest, variety name, and certified seed options, in an orderly 
fashion.
    Estimate of Burden: Public reporting burden for this form is 
estimated to average .5 hours per response.
    Respondents: PVP Applicants.
    Estimated Number of Respondents: 25.
    Estimated Number of Responses per Respondent: 1.
    Estimated Total Annual Responses: 25.
    Estimated Total Annual Burden on Respondents: 12.50.
    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: Total public reporting burden for this entire 
collection is estimated to average .733 hours per response.
    Respondents: Businesses or other for-profit, not-for-profit 
institutions, and Federal Government.
    Estimated Number of Respondents: 110.
    Estimated Number of Responses per Respondent: 21.
    Estimated Total Annual Responses: 2,280.
    Estimated Total Annual Burden on Respondents: 1,671.
    Comments are invited on: (1) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information will have practical 
utility; (2) 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; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the collection of information on those who 
are to respond, including the use of appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology. Comments may be sent to Bernadette Thomas, 
Information Technology Specialist, Plant Variety Protection Office, 
Room 401, NAL Building, 10301 Baltimore Avenue, Beltsville, MD 20705. 
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 become a matter of public 
record.

    Dated: January 30, 2006.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
 [FR Doc. E6-1382 Filed 2-1-06; 8:45 am]
BILLING CODE 3410-02-P