[Federal Register Volume 77, Number 104 (Wednesday, May 30, 2012)]
[Notices]
[Pages 31828-31829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13066]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Doc. No. AMS-ST-12-0010]


Notice of Request for Revision of a Currently Approved Collection 
Application for Plant Variety Protection Certification and Objective 
Description of Variety

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

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's) intention to request approval from Office of 
Management and Budget (OMB) for an extension of and revision to the 
currently approved information collection ``Application for

[[Page 31829]]

Plant Variety Protection Certification and Objective Description of 
Variety.''

DATES: Comments on this notice must be received by July 30, 2012. All 
comments submitted in response to this notice will be included in the 
record and will be made available to the public. Please be advised that 
the identity of the individuals or entities submitting the comments 
will be made public on the Internet via www.regulations.gov.
    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: November 30, 2012.
    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, ST-470 A, Origin and Breeding History, ST-470 
B, Statement of Distinctness, Form ST-470 series, Objective Description 
of Variety (Exhibit C), Form ST-470-E, Basis of Applicant's Ownership, 
are the basis by which the determination, by experts at 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 revised ST 470 application form has been revised to combine 
Exhibits A, B, and E into one form. 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 1.23 hours per response.
    Respondents: Businesses or other for-profit, not-for-profit 
institutions, and Federal Government.
    Estimated Number of Respondents: 76.
    Estimated Number of Responses per Respondent: 30.
    Estimated Total Annual Burden on Respondents: 2,839.
    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: May 22, 2012.
David R. Shipman,
Administrator, Agricultural Marketing Service.
[FR Doc. 2012-13066 Filed 5-29-12; 8:45 am]
BILLING CODE 3410-02-P