[Federal Register Volume 86, Number 223 (Tuesday, November 23, 2021)]
[Notices]
[Pages 66515-66516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25470]


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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. 86, No. 223 / Tuesday, November 23, 2021 / 
Notices  

[[Page 66515]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Doc. No. AMS-ST-21-0083]


Plant Variety Protection Office: 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 approval, from the Office of 
Management and Budget, for an extension of and revision to the 
currently approved information collection ``Application for Plant 
Variety Protection Certification and Objective Description of 
Variety.''

DATES: Comments on this notice must be received by January 24, 2022 to 
be assured of consideration.

ADDRESSES: Interested persons are invited to submit comments concerning 
this notice by using the electronic process available at 
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 
2915-S, Stop 0274, Washington, DC 20250 or by email to 
[email protected]. All comments should reference the docket number 
AMS-ST-21-0083, the date, and the page number of this issue of the 
Federal Register. All comments received will be posted without change, 
including any personal information provided, at www.regulations.gov and 
will be included in the record and made available to the public.

FOR FURTHER INFORMATION CONTACT: Mara Sanders, Plant Variety Protection 
Office, Science and Technology Program, AMS, USDA, 1400 Independence 
Avenue SW, STOP 0274, Washington, DC 20250-0274; Telephone: (202) 720-
0859, or Email: [email protected] or [email protected].

SUPPLEMENTARY INFORMATION:
    Title: ``Application for Plant Variety Protection Certification and 
Objective Description of Variety''.
    OMB Number: 0581-0055.
    Expiration Date of Approval: January 31, 2022.
    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, asexually reproduced, and tuber 
propagated plant varieties. To obtain these rights, the applicant must 
provide information which shows that 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 based on 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 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 the 
certificate is issued (7 U.S.C. 2426).
    Section 10108 of the Agriculture Improvement Act of 2018 (Pub. L. 
115-334) (2018 Farm Bill) amended the Plant Variety Protection Act of 
1970, as amended (7 U.S.C. 2321-2582) (Act), by adding a definition for 
the term ``asexually reproduced'' as it pertains to plant propagation 
and adding authority to offer intellectual property protection to 
breeders of new varieties of plants developed through asexual 
reproduction.
    OMB 0581-0322 ``Application for Plant Variety Protection 
Certification and Objective Description of Variety-Asexually Reproduced 
Varieties'' was approved by OMB February 4, 2021, and includes the 
collection of application forms, descriptive forms, and ownership forms 
for asexually reproduced varieties. The combination of collections 
0581-0055 and 0581-0322 will simplify the data collection for the Plant 
Variety Protection Office.
    In addition to the incorporation of the forms in OMB 0581-0322, 
there have been 48 new crops added, 22 reinstated from a previous 
approval, and 14 added via additional approvals of 0581-0055 since 
2018.
    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 hour per response.
    Respondents: Businesses or other for profit, not-for-profit 
institutions, and Federal Government.
    Estimated Number of Respondents: 95.
    Estimated Total Annual Responses: 1,950.5.
    Estimated Number of Responses per Respondent: 20.5.
    Estimated Total Annual Burden on Respondents: 2,045.9.
    Comments are invited on: (1) Whether the proposed collection of 
information

[[Page 66516]]

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 the person listed under FOR FURTHER 
INFORMATION CONTACT by or before the deadline. 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.

Melissa Bailey,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2021-25470 Filed 11-22-21; 8:45 am]
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