[Federal Register: December 30, 2002 (Volume 67, Number 250)]
[Notices]
[Page 79552]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Docket No. ST-0206]
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 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.''
DATES: Comments on this notice must be received by February 28, 2003.
Additional Information or Comments: Contact Paul Zankowski,
Commissioner, Plant Variety Protection Office (PVPO), Science and
Technology, AMS, Room 401, National Agricultural Library (NAL), 10301
Baltimore Avenue, Beltsville, MD 20705; Telephone (301) 504-5518 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: April 30, 2003.
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 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 .87 hours per response.
Respondents: Businesses or other for-profit, not-for-profit
institutions, and Federal Government.
Estimated Number of Respondents: 129.
Estimated Number of Responses per Respondent: 11.45.
Estimated Total Annual Burden on Respondents: 1,282.97.
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 Paul Zankowski,
Commissioner, 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 20, 2002.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 02-32807 Filed 12-27-02; 8:45 am]
BILLING CODE 3410-02-P
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