Legal Processes, 14079-14080 [2013-04867]

Download as PDF sroberts on DSK5SPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 42 / Monday, March 4, 2013 / Notices Strothe Road, San Diego, CA 92152 has applied in due form for a permit to take black abalone (Haliotis cracherodii) for purposes of scientific research. DATES: Written, telefaxed, or email comments must be received on or before April 3, 2013. ADDRESSES: The application and related documents are available for review by selecting ‘‘Records Open for Public Comment’’ from the Features box on the Applications and Permits for Protected Species (APPS) home page, https:// apps.nmfs.noaa.gov, and then selecting File No. 17405 from the list of available applications. These documents are also available upon written request or by appointment in the following offices: Permits and Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 427–8401; fax (301) 713–0376; and Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802–4213; phone (562) 980–4001; fax (562) 980–4018. Written comments on this application should be submitted to the Chief, Permits and Conservation Division • By email to NMFS.Pr1Comments@noaa.gov (include the File No. 17405 in the subject line of the email), • By facsimile to (301) 713–0376, or • At the address listed above. Those individuals requesting a public hearing should submit a written request to the Chief, Permits and Conservation Division at the address listed above. The request should set forth the specific reasons why a hearing on this application would be appropriate. FOR FURTHER INFORMATION CONTACT: ´ Jennifer Skidmore or Rosa L. Gonzalez, (301) 427–8401. SUPPLEMENTARY INFORMATION: The subject permit is requested under the authority of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.) and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR 222–226). The purpose of the proposed research is to overcome key barriers to captive propagation of the endangered black abalone (focusing on successful spawning, increased fertilization, increased settlement, and recruitment). No black abalone will be taken from the wild, nor will animals be returned to the wild under this request. All animals will come from existing captive populations. A permit is requested for five years. VerDate Mar<15>2010 16:15 Mar 01, 2013 Jkt 229001 Dated: February 27, 2013. P. Michael Payne, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2013–04926 Filed 3–1–13; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE United States Patent and Trademark Office Legal Processes ACTION: Proposed collection; comment request. The United States Patent and Trademark Office (USPTO), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on the continuing information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104– 13 (44 U.S.C. 3506(c)(2)(A)). DATES: Written comments must be submitted on or before May 3, 2013. ADDRESSES: You may submit comments by any of the following methods: • Email: InformationCollection@uspto.gov. Include ‘‘0651–0046 comment’’ in the subject line of the message. • Mail: Susan K. Fawcett, Records Officer, Office of the Chief Information Officer, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313–1450. • Federal Rulemaking Portal: https:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to Shirley Hassan, Office of General Law, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313–1450; by telephone at 571–272–3000; or by email to Shirley.Hassan@uspto.gov. Additional information about this collection is also available at https:// www.reginfo.gov under ‘‘Information Collection Review.’’ SUPPLEMENTARY INFORMATION: SUMMARY: I. Abstract The purpose of this collection is to cover information requirements related to civil actions and claims involving current and former employees of the United States Patent and Trademark Office (USPTO). The rules for these legal processes may be found under 37 CFR Part 104, which outlines procedures for service of process, demands for employee testimony and PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 14079 production of documents in legal proceedings, reports of unauthorized testimony, employee indemnification, and filing claims against the USPTO under the Federal Tort Claims Act (28 U.S.C. 2672) and the corresponding Department of Justice regulations (28 CFR part 14). The public may also petition the USPTO Office of General Counsel under 37 CFR 104.3 to waive or suspend these rules in extraordinary cases. The procedures under 37 CFR part 104 ensure that service of process intended for current and former employees of the USPTO is handled properly. The USPTO will only accept service of process for an employee acting in an official capacity. This collection is necessary so that respondents or their representatives can serve a summons or complaint on the USPTO, demand employee testimony and documents related to a legal proceeding, or file a claim under the Federal Tort Claims Act. Respondents may also petition the USPTO to waive or suspend these rules for legal processes. This collection is also necessary so that current and former USPTO employees may properly forward service and demands to the Office of General Counsel, report unauthorized testimony, and request indemnification. The USPTO covers current employees as respondents under this information collection even though their responses do not require approval under the Paperwork Reduction Act. In those instances where both current and former employees may respond to the USPTO, the agency estimates that the number of respondents will be small. There are no forms provided by the USPTO for this collection. For filing claims under the Federal Tort Claims Act, the public may use Standard Form 95 ‘‘Claim for Damage, Injury, or Death,’’ which is provided by the Department of Justice and approved by the Office of Management and Budget (OMB) under OMB Control Number 1105–0008. II. Method of Collection By mail or hand delivery to the USPTO. III. Data OMB Number: 0651–0046. Form Number(s): None. Type of Review: Revision of a currently approved collection. Affected Public: Individuals or households; businesses or other forprofits; not-for-profit institutions; and the Federal Government. Estimated Number of Respondents: 299 responses per year. The USPTO E:\FR\FM\04MRN1.SGM 04MRN1 14080 Federal Register / Vol. 78, No. 42 / Monday, March 4, 2013 / Notices estimates that approximately 10% of these responses will be from small entities. Estimated Time per Response: The USPTO estimates that it will take the public from 5 minutes (0.08 hours) to 6 hours to gather the necessary information, prepare the appropriate documents, and submit the information required for this collection. Estimated Total Annual Respondent Burden Hours: 88 hours. Estimated Total Annual Respondent Cost Burden: $32,354. The USPTO expects that the information in this collection will be prepared by attorneys and former employees, except for the requests for employee indemnification, which generally come from professional and supervisory staff. Since many of the former employees affected by this collection are attorneys, the estimated rate of $371 per hour for attorneys will be used for former employees as well. The USPTO estimates that the respondent cost burden for attorneys and former employees submitting the information in this collection will be $32,277 per year. Using the estimate of $77 per hour for professional and supervisory staff, the USPTO expects that the respondent cost burden for submitting requests for employee indemnification will be $77 per year. Therefore, the USPTO estimates that the total respondent cost burden for this collection will be approximately $32,354 per year. Item Estimated time for response Petition to Waive Rules .................................................................................................... Service of Process ............................................................................................................ Forwarding Service ........................................................................................................... Employee Testimony and Production of Documents in Legal Proceedings .................... Forwarding Demands ....................................................................................................... Report of Unauthorized Testimony ................................................................................... Report of Possible Indemnification Cases ....................................................................... Employee Indemnification ................................................................................................. Tort Claims ....................................................................................................................... Estimated annual responses Estimated annual burden hours 30 minutes ........ 5 minutes .......... 10 minutes ........ 1 hour ............... 10 minutes ........ 30 minutes ........ 30 minutes ........ 30 minutes ........ 6 hours ............. 5 243 7 23 10 1 3 1 6 3 19 1 23 2 1 2 1 36 299 88 sroberts on DSK5SPTVN1PROD with NOTICES Totals ......................................................................................................................... Estimated Total Annual Non-hour Respondent Cost Burden: $3,436. There are no capital start-up, maintenance, or recordkeeping costs associated with this information collection. However, this collection does have annual (non-hour) costs in the form of filing fees and postage costs. This collection has filing fees associated with the petition to waive or suspend the legal process rules under 37 CFR 104.3. The USPTO estimates that approximately 5 petitions will be filed per year with a fee of $130, for a total fee cost of $650. There are no other fees associated with this information collection. Customers may incur postage costs when submitting the information in this collection to the USPTO by mail. The USPTO estimates that the average firstclass postage for a mailed submission, other than a Service of Process, will be 92 cents and that up to 56 of these submissions will be mailed to the USPTO per year, for a postage cost of $52. The USPTO estimates that the average postage for a Service of Process will be $11.25 and that up to 243 of these submissions will be mailed to the USPTO per year, for a postage cost of $2,734. The total estimated postage cost for this collection is approximately $2,786 per year. The total annual (non-hour) respondent cost burden for this collection in the form of filing fees and postage costs is estimated to be approximately $3,436 per year. VerDate Mar<15>2010 16:15 Mar 01, 2013 Jkt 229001 IV. Request for Comments Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. The USPTO is soliciting public comments to: (a) Evaluate 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; (b) Evaluate 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; (c) Enhance the quality, utility, and clarity of the information to be collected; and (d) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Dated: February 27, 2013. Susan K. Fawcett, Records Officer, USPTO, Office of the Chief Information Officer. [FR Doc. 2013–04867 Filed 3–1–13; 8:45 am] BILLING CODE 3510–16–P PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 CONSUMER PRODUCT SAFETY COMMISSION [CPSC Docket No. 13–C0004] Kolcraft Enterprises, Inc., Provisional Acceptance of a Settlement Agreement and Order Consumer Product Safety Commission. ACTION: Notice AGENCY: It is the policy of the Commission to publish settlements which it provisionally accepts under the Consumer Product Safety Act in the Federal Register in accordance with the terms of 16 CFR 1118.20(e). Published below is a provisionally-accepted Settlement Agreement with Kolcraft Enterprises, Inc., containing a civil penalty of $400,000.00, within twenty (20) days of service of the Commission’s final Order accepting the Settlement Agreement. SUMMARY: Any interested person may ask the Commission not to accept this agreement or otherwise comment on its contents by filing a written request with the Office of the Secretary by March 19, 2013. ADDRESSES: Persons wishing to comment on this Settlement Agreement should send written comments to the Comment 13–C0004, Office of the Secretary, Consumer Product Safety Commission, 4330 East West Highway, Room 820, Bethesda, Maryland 20814– 4408. DATES: E:\FR\FM\04MRN1.SGM 04MRN1

Agencies

[Federal Register Volume 78, Number 42 (Monday, March 4, 2013)]
[Notices]
[Pages 14079-14080]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04867]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

United States Patent and Trademark Office


Legal Processes

ACTION: Proposed collection; comment request.

-----------------------------------------------------------------------

SUMMARY: The United States Patent and Trademark Office (USPTO), as part 
of its continuing effort to reduce paperwork and respondent burden, 
invites the general public and other Federal agencies to take this 
opportunity to comment on the continuing information collection, as 
required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 
U.S.C. 3506(c)(2)(A)).

DATES: Written comments must be submitted on or before May 3, 2013.

ADDRESSES: You may submit comments by any of the following methods:
     Email: InformationCollection@uspto.gov. Include ``0651-
0046 comment'' in the subject line of the message.
     Mail: Susan K. Fawcett, Records Officer, Office of the 
Chief Information Officer, United States Patent and Trademark Office, 
P.O. Box 1450, Alexandria, VA 22313-1450.
     Federal Rulemaking Portal: https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to Shirley Hassan, Office of General Law, United 
States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 
22313-1450; by telephone at 571-272-3000; or by email to 
Shirley.Hassan@uspto.gov. Additional information about this collection 
is also available at https://www.reginfo.gov under ``Information 
Collection Review.''

SUPPLEMENTARY INFORMATION: 

I. Abstract

    The purpose of this collection is to cover information requirements 
related to civil actions and claims involving current and former 
employees of the United States Patent and Trademark Office (USPTO). The 
rules for these legal processes may be found under 37 CFR Part 104, 
which outlines procedures for service of process, demands for employee 
testimony and production of documents in legal proceedings, reports of 
unauthorized testimony, employee indemnification, and filing claims 
against the USPTO under the Federal Tort Claims Act (28 U.S.C. 2672) 
and the corresponding Department of Justice regulations (28 CFR part 
14). The public may also petition the USPTO Office of General Counsel 
under 37 CFR 104.3 to waive or suspend these rules in extraordinary 
cases.
    The procedures under 37 CFR part 104 ensure that service of process 
intended for current and former employees of the USPTO is handled 
properly. The USPTO will only accept service of process for an employee 
acting in an official capacity. This collection is necessary so that 
respondents or their representatives can serve a summons or complaint 
on the USPTO, demand employee testimony and documents related to a 
legal proceeding, or file a claim under the Federal Tort Claims Act. 
Respondents may also petition the USPTO to waive or suspend these rules 
for legal processes. This collection is also necessary so that current 
and former USPTO employees may properly forward service and demands to 
the Office of General Counsel, report unauthorized testimony, and 
request indemnification. The USPTO covers current employees as 
respondents under this information collection even though their 
responses do not require approval under the Paperwork Reduction Act. In 
those instances where both current and former employees may respond to 
the USPTO, the agency estimates that the number of respondents will be 
small.
    There are no forms provided by the USPTO for this collection. For 
filing claims under the Federal Tort Claims Act, the public may use 
Standard Form 95 ``Claim for Damage, Injury, or Death,'' which is 
provided by the Department of Justice and approved by the Office of 
Management and Budget (OMB) under OMB Control Number 1105-0008.

II. Method of Collection

    By mail or hand delivery to the USPTO.

III. Data

    OMB Number: 0651-0046.
    Form Number(s): None.
    Type of Review: Revision of a currently approved collection.
    Affected Public: Individuals or households; businesses or other 
for-profits; not-for-profit institutions; and the Federal Government.
    Estimated Number of Respondents: 299 responses per year. The USPTO

[[Page 14080]]

estimates that approximately 10% of these responses will be from small 
entities.
    Estimated Time per Response: The USPTO estimates that it will take 
the public from 5 minutes (0.08 hours) to 6 hours to gather the 
necessary information, prepare the appropriate documents, and submit 
the information required for this collection.
    Estimated Total Annual Respondent Burden Hours: 88 hours.
    Estimated Total Annual Respondent Cost Burden: $32,354. The USPTO 
expects that the information in this collection will be prepared by 
attorneys and former employees, except for the requests for employee 
indemnification, which generally come from professional and supervisory 
staff. Since many of the former employees affected by this collection 
are attorneys, the estimated rate of $371 per hour for attorneys will 
be used for former employees as well. The USPTO estimates that the 
respondent cost burden for attorneys and former employees submitting 
the information in this collection will be $32,277 per year.
    Using the estimate of $77 per hour for professional and supervisory 
staff, the USPTO expects that the respondent cost burden for submitting 
requests for employee indemnification will be $77 per year. Therefore, 
the USPTO estimates that the total respondent cost burden for this 
collection will be approximately $32,354 per year.

----------------------------------------------------------------------------------------------------------------
                                                                              Estimated annual  Estimated annual
                   Item                       Estimated time for response         responses       burden hours
----------------------------------------------------------------------------------------------------------------
Petition to Waive Rules..................  30 minutes.......................                 5                 3
Service of Process.......................  5 minutes........................               243                19
Forwarding Service.......................  10 minutes.......................                 7                 1
Employee Testimony and Production of       1 hour...........................                23                23
 Documents in Legal Proceedings.
Forwarding Demands.......................  10 minutes.......................                10                 2
Report of Unauthorized Testimony.........  30 minutes.......................                 1                 1
Report of Possible Indemnification Cases.  30 minutes.......................                 3                 2
Employee Indemnification.................  30 minutes.......................                 1                 1
Tort Claims..............................  6 hours..........................                 6                36
                                          ----------------------------------------------------------------------
    Totals...............................                                                  299                88
----------------------------------------------------------------------------------------------------------------

    Estimated Total Annual Non-hour Respondent Cost Burden: $3,436. 
There are no capital start-up, maintenance, or recordkeeping costs 
associated with this information collection. However, this collection 
does have annual (non-hour) costs in the form of filing fees and 
postage costs.
    This collection has filing fees associated with the petition to 
waive or suspend the legal process rules under 37 CFR 104.3. The USPTO 
estimates that approximately 5 petitions will be filed per year with a 
fee of $130, for a total fee cost of $650. There are no other fees 
associated with this information collection.
    Customers may incur postage costs when submitting the information 
in this collection to the USPTO by mail. The USPTO estimates that the 
average first-class postage for a mailed submission, other than a 
Service of Process, will be 92 cents and that up to 56 of these 
submissions will be mailed to the USPTO per year, for a postage cost of 
$52. The USPTO estimates that the average postage for a Service of 
Process will be $11.25 and that up to 243 of these submissions will be 
mailed to the USPTO per year, for a postage cost of $2,734. The total 
estimated postage cost for this collection is approximately $2,786 per 
year.
    The total annual (non-hour) respondent cost burden for this 
collection in the form of filing fees and postage costs is estimated to 
be approximately $3,436 per year.

IV. Request for Comments

    Comments submitted in response to this notice will be summarized 
and/or included in the request for OMB approval. All comments will 
become a matter of public record.
    The USPTO is soliciting public comments to:
    (a) Evaluate 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; (b) 
Evaluate 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; (c) Enhance the quality, utility, and 
clarity of the information to be collected; and (d) Minimize the burden 
of the collection of information on those who are to respond, including 
through the use of appropriate automated, electronic, mechanical, or 
other technological collection techniques or other forms of information 
technology, e.g., permitting electronic submission of responses.

    Dated: February 27, 2013.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer.
[FR Doc. 2013-04867 Filed 3-1-13; 8:45 am]
BILLING CODE 3510-16-P
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