[Federal Register Volume 84, Number 93 (Tuesday, May 14, 2019)]
[Notices]
[Pages 21314-21315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09839]


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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. 84, No. 93 / Tuesday, May 14, 2019 / 
Notices  

[[Page 21314]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Docket No. AMS-ST-19-0040]


Notice of Request for Approval of a New Information Collection 
for ``Application for Plant Variety Protection Certification and 
Objective Description of Variety--Asexually Reproduced Varieties''

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 approval from the Office of 
Management and Budget (OMB) for a new information collection, 
``Application for Plant Variety Protection Certification and Objective 
Description of Variety--Asexually Reproduced Varieties.''

DATES: Comments must be received by July 15, 2019.

ADDRESSES: Interested persons are invited to submit comments concerning 
this notice by using the electronic process available at http://www.regulations.gov.Written comments may also be submitted to the Plant 
Variety Protection Office (PVPO), Science and Technology, Agricultural 
Marketing Service, USDA, 1400 Independence Avenue SW, Room 4512-S, Stop 
0274, Washington, DC 20250 or by facsimile to (202) 260-8976. All 
comments should reference the docket number AMS-ST-19-0040, the date, 
and the page number of this issue of the Federal Register.

FOR FURTHER INFORMATION CONTACT: Jeffery Haynes, Deputy Commissioner, 
Plant Variety Protection Office, AMS Science and Technology Program, 
USDA; 1400 Independence Avenue SW, Room 4512-S, Stop 0274, Washington, 
DC 20250-0002; telephone: (202) 260-8983; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 
    Title: Application for Plant Variety Protection Certification and 
Objective Description of Variety--Asexually Reproduced Varieties.
    OMB Number: 0581-NEW.
    Expiration Date of Approval: This is a NEW collection.
    Type of Request: Approval of a NEW 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 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 Plant Variety Protection program (PVP) is a voluntary user 
funded program that grants intellectual property rights protection to 
breeders of new, distinct, uniform, and stable sexually reproduced, 
tuber propagated, and asexually reproduced plant varieties. To obtain 
these property rights the applicant must provide information that 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 must be submitted by each 
applicant in order for the Plant Variety Protection Office (PVPO) 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); and Form ST-470-E, Basis of Applicant's 
Ownership, are the basis upon which the determination is made by 
experts at PVPO, whether a new, distinct, uniform, and stable sexually 
reproduced, or tuber propagated plant variety in fact exists and is 
entitled to protection (7 U.S.C. F;2402).
    The 2018 Farm Bill (the Agriculture Improvement Act of 2018) 
amended section 2402 of the PVPA (7 U.S.C. F;2402) to include asexually 
reproduced plant varieties. Breeders can now apply for intellectual 
property protection for asexually reproduced plant varieties. AMS seeks 
approval of a new information collection for the application for a 
certificate of protection for asexually propagated plant varieties. 
Once approved, AMS will request that the new form be merged into OMB 
No. 0581-0055, which includes the currently approved ST-470 forms 
listed above.
    The ST-470 application form combines Exhibits A, B, and E into one 
form. The information received on applications, with certain 
exceptions, is required by law to remain confidential until a 
certificate is issued (7 U.S.C. 2421).
    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 new burden for this collection 
of information is estimated to average .86 hours per response. This 
corresponds to 11.05 hrs. per respondent (total burden hours divided by 
number of respondents).
    Respondents: Businesses or other for-profit, not-for-profit 
institutions, and Federal Government.
    Estimated Number of Respondents: 50.
    Estimated Number of Responses per Respondent: 12.82.
    Estimated Total Annual Burden on Respondents: 553 (rounded).
    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

[[Page 21315]]

other forms of information technology. All comments received will be 
available for public inspection during regular business hours.
    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 8, 2019.
Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2019-09839 Filed 5-13-19; 8:45 am]
 BILLING CODE 3410-02-P