[Federal Register: December 29, 2008 (Volume 73, Number 249)]
[Notices]               
[Page 79437-79438]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29de08-32]                         


	
	
	
	

Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

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[[Page 79437]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Doc. No. AMS-ST-08-0103]

 
Notice of Request for Revision of a Currently Approved 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 Office of Management 
and Budget (OMB) for an extension of and revision to the currently 
approved information collection ``Application for Plant Variety 
Protection Certification and Objective Description of Variety.'' Two 
new forms are introduced to this collection.

DATES: Comments on this notice must be received by February 27, 2009. 
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 http://
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: June 30, 2009.
    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.
    Form 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 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 application form would be revised slightly to clarify that 
applicants may specify not only that the variety be sold only as a 
class of certified seed (Foundation, Registered, or Certified) but that 
the applicant may specify a limitation on the number of generations 
within each class. 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 .75 hours per response.
    Respondents: Businesses or other for-profit, not-for-profit 
institutions, and Federal Government.
    Estimated Number of Respondents: 98.
    Estimated Number of Responses per Respondent: 29.
    Estimated Total Annual Burden on Respondents: 2,080.
    Two new forms will be introduced into this collection. Information 
concerning these new forms is listed below.
    Title: Form ST-470-20b: Objective Description of Variety--Cucurbita 
spp. not pepo's.
    Expiration Date of Approval: Three years from date of OMB approval.
    Abstract: This form was created to collect information on varieties 
of Cucurbita spp. not pepo's. The previous form ST-470-20 collected 
descriptions of any species of cucurbit but was designed with winter 
squashes, such as pumpkins, in mind.
    Estimate of Burden: Public reporting burden for this collection of 
information is estimated to average .2857 hours per response.
    Respondents: PVP applicants.
    Title: Form ST-470-104: Objective Description of Variety--Mustard.
    Expiration Date of Approval: Three years from date of OMB approval.
    Abstract: This form was created in response to an applicant's 
request. Previous applicants used the rapeseed form which was used as a 
basis for this new form.
    Estimate of Burden: Public reporting burden for this collection of 
information is estimated to average .2142 hours per response.
    Respondents: PVP applicants.
    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

[[Page 79438]]

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: December 19, 2008.
James E. Link,
Administrator, Agricultural Marketing Service.
 [FR Doc. E8-30696 Filed 12-24-08; 8:45 am]

BILLING CODE 3410-02-P