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”

Published date14 May 2019
Citation84 FR 21314
Record Number2019-09839
SectionNotices
CourtAgricultural Marketing Service
Federal Register, Volume 84 Issue 93 (Tuesday, May 14, 2019)
[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]
                ========================================================================
                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.
                ========================================================================
                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.
                -----------------------------------------------------------------------
                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
                

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