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”

Federal Register, Volume 84 Issue 93 (Tuesday, May 14, 2019)
[Federal Register Volume 84, Number 93 (Tuesday, May 14, 2019)]
[Pages 21314-21315]
From the Federal Register Online via the Government Publishing Office []
[FR Doc No: 2019-09839]
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Federal Register / Vol. 84, No. 93 / Tuesday, May 14, 2019 /
[[Page 21314]]
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.
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 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].
    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
    Dated: May 8, 2019.
Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2019-09839 Filed 5-13-19; 8:45 am]