Legal Processes, 40876-40877 [2016-14856]

Download as PDF 40876 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Notices fisheries or regions. The AFSC response notes that monitoring harvest levels is currently unfunded, and while resources are limited the AFSC will work with the NMFS Alaska Regional Office to develop a joint list of priorities for understanding harvest levels so both entities can solicit additional resources and coordinate to achieve this objective. Dated: June 20, 2016. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2016–14866 Filed 6–22–16; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE Patent and Trademark Office Legal Processes ACTION: Notice and request for comment. 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 this 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 August 22, 2016. ADDRESSES: You may submit comments by any of the following methods: • Email: InformationCollection@ uspto.gov. Include ‘‘0651–0046 inquiry’’ in the subject line of the message. • Federal Rulemaking Portal: https:// www.regulations.gov. • Mail: Marcie Lovett, Records Management Division Director, Office of the Chief Information Officer, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313– 1450. FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to Kyu Lee, Office of General Law, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313–1450; by telephone at 571–272–6421; or by email at Kyu.Lee@uspto.gov with ‘‘0651–0046 inquiry’’ in the subject line. Additional asabaliauskas on DSK3SPTVN1PROD with NOTICES SUMMARY: 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 forprofits; not-for-profit institutions; and the Federal Government. Estimated Number of Respondents: 299 responses per year. The USPTO 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 prepare a single item in this collection, including gathering the necessary information, preparing the appropriate documents, and submitting the information required for this collection. Estimated Total Annual Hour Burden: 87.08 hours. Estimated Total Annual Cost Burden (Hourly): $35,539.05. The USPTO expects that the information in this collection will be prepared by attorneys and former employees at an hourly rate of $410, except for the requests for employee indemnification, which generally come from professional and supervisory staff at an hourly rate of $79.78. Since the majority of the former employees affected by this collection are attorneys, the estimated attorney hourly rate will be used for former employees as well. Using these hourly rates, the USPTO estimates that the total respondent cost burden for this collection will be approximately $35,539.05 per year. TABLE 1—RESPONDENT HOURLY COST BURDEN Estimated response time (hours) 1. Petition to Waive Rules .................................................................................... VerDate Sep<11>2014 17:24 Jun 22, 2016 Jkt 238001 PO 00000 Frm 00030 Fmt 4703 Estimated annual responses Estimated annual burden hours Rate ($/hr) Total cost ($/yr) (a) IC No./Item (b) (a) × (b) = (c) (d) (c) × (d) = (e) 0.50 Sfmt 4703 5 E:\FR\FM\23JNN1.SGM 2.50 23JNN1 $410.00 $1,025.00 40877 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Notices TABLE 1—RESPONDENT HOURLY COST BURDEN—Continued Estimated response time (hours) 2. 3. 4. 5. 6. 7. 8. 9. Estimated annual responses Estimated annual burden hours Rate ($/hr) Total cost ($/yr) (a) IC No./Item (b) (a) × (b) = (c) (d) (c) × (d) = (e) 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 ........................................................................................................ 0.08 0.17 1.00 0.17 0.50 0.50 0.50 6.00 243 7 23 10 1 3 1 6 20.25 1.17 23.00 1.67 0.50 1.50 0.50 36.00 410.00 410.00 410.00 410.00 410.00 410.00 79.78 410.00 8,302.50 478.33 9,430.00 683.33 205.00 615.00 39.89 14,760.00 Totals ............................................................................................................. ........................ 299 87.08 ........................ 35,539.05 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. Filing Fees 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 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. asabaliauskas on DSK3SPTVN1PROD with NOTICES Postage Costs 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 $0.94 and that up to 56 of these submissions will be mailed to the USPTO per year, for a postage cost of $52.64. The USPTO estimates that the average postage for a Service of Process will be $11.35 and that up to 243 of these submissions will be mailed to the USPTO per year, for a postage cost of $2,758.05. The estimated postage cost for this collection is $2,810.69 per year. Therefore, the total annual (non-hour) respondent cost burden for this collection, in the form of filing fees ($650.00) and postage costs ($2,810.69), is estimated to be approximately $3,460.69 per year. IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours VerDate Sep<11>2014 17:24 Jun 22, 2016 Jkt 238001 and cost) of the proposed collection of information, including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Comments submitted in response to this notice will be summarized or included in the request for OMB approval of this information collection; they will also become a matter of public record. Dated: June 16, 2016. Marcie Lovett, Records Management Division Director, OCIO, United States Patent and Trademark Office. [FR Doc. 2016–14856 Filed 6–22–16; 8:45 am] BILLING CODE 3510–16–P DEPARTMENT OF EDUCATION Applications for New Awards; Promoting Student Resilience Office of Elementary and Secondary Education, Department of Education. ACTION: Notice. AGENCY: Overview Information: Promoting Student Resilience. Notice inviting applications for new awards for fiscal year (FY) 2016. Catalog of Federal Domestic Assistance (CFDA) Number: 84.184C. DATES: Applications Available: June 23, 2016. Deadline for Transmittal of Applications: July 25, 2016. PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 Full Text of Announcement I. Funding Opportunity Description Purpose of Program: The Promoting Student Resilience program provides grants to local educational agencies (LEAs) (or consortia of LEAs) to build and increase their capacity to address the comprehensive behavioral and mental health needs of students in communities that have experienced Significant civil unrest 1 in the past 24 months. Background: Recent events have demonstrated that incidents involving civil unrest can disrupt schools and adversely impact the learning environment. These experiences can traumatize students, and this trauma can have lasting adverse effects on the mental, social, and emotional well-being of children and youth. The communities that are directly impacted by Significant civil unrest often have a long history of poverty, neglect, and inequality, and students in these communities often face barriers to accessing social and health services. It is widely recognized that there may also be a history of tension in the relationships between members of the community and agents of the public sector that deters efforts to seek such services. According to the Substance Abuse and Mental Health Services Administration (SAMHSA), trauma results from an event or a series of events, or a set of circumstances that is perceived by an individual as physically or emotionally harmful or life threatening and that has lasting adverse effects on the individual’s mental, social, or emotional well-being.2 1 Defined terms are used throughout the notice and are indicated by capitalization. 2 Substance Abuse and Mental Health Services Administration. SAMHSA’s Concept of Trauma and Guidance for a Trauma-Informed Approach. HHS Publication No. (SMA) 14–4884. Rockville, MD: Substance Abuse and Mental Health Services Administration, 2014. E:\FR\FM\23JNN1.SGM 23JNN1

Agencies

[Federal Register Volume 81, Number 121 (Thursday, June 23, 2016)]
[Notices]
[Pages 40876-40877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14856]

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

DEPARTMENT OF COMMERCE

Patent and Trademark Office

Legal Processes

ACTION: Notice and request for comment.

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

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 this 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 August 22, 2016.

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

FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be directed to Kyu Lee, Office of General Law, United States
Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450;
by telephone at 571-272-6421; or by email at Kyu.Lee@uspto.gov with
``0651-0046 inquiry'' in the subject line. 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
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 prepare a single
item in this collection, including gathering the necessary information,
preparing the appropriate documents, and submitting the information
required for this collection.
Estimated Total Annual Hour Burden: 87.08 hours.
Estimated Total Annual Cost Burden (Hourly): $35,539.05. The USPTO
expects that the information in this collection will be prepared by
attorneys and former employees at an hourly rate of $410, except for
the requests for employee indemnification, which generally come from
professional and supervisory staff at an hourly rate of $79.78. Since
the majority of the former employees affected by this collection are
attorneys, the estimated attorney hourly rate will be used for former
employees as well. Using these hourly rates, the USPTO estimates that
the total respondent cost burden for this collection will be
approximately $35,539.05 per year.

Table 1--Respondent Hourly Cost Burden
----------------------------------------------------------------------------------------------------------------
Estimated Estimated Estimated
IC No./Item response time annual annual burden Rate ($/hr) Total cost ($/
(hours) responses hours yr)
(a) (b) (a) x (b) = (d) (c) x (d) =
(c) (e)
----------------------------------------------------------------------------------------------------------------
1. Petition to Waive Rules...... 0.50 5 2.50 $410.00 $1,025.00

[[Page 40877]]

2. Service of Process........... 0.08 243 20.25 410.00 8,302.50
3. Forwarding Service........... 0.17 7 1.17 410.00 478.33
4. Employee Testimony and 1.00 23 23.00 410.00 9,430.00
Production of Documents in
Legal Proceedings..............
5. Forwarding Demands........... 0.17 10 1.67 410.00 683.33
6. Report of Unauthorized 0.50 1 0.50 410.00 205.00
Testimony......................
7. Report of Possible 0.50 3 1.50 410.00 615.00
Indemnification Cases..........
8. Employee Indemnification..... 0.50 1 0.50 79.78 39.89
9. Tort Claims.................. 6.00 6 36.00 410.00 14,760.00
-------------------------------------------------------------------------------
Totals...................... .............. 299 87.08 .............. 35,539.05
----------------------------------------------------------------------------------------------------------------

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.

Filing Fees

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 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.

Postage Costs

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 $0.94 and that up to 56 of these
submissions will be mailed to the USPTO per year, for a postage cost of
$52.64. The USPTO estimates that the average postage for a Service of
Process will be $11.35 and that up to 243 of these submissions will be
mailed to the USPTO per year, for a postage cost of $2,758.05. The
estimated postage cost for this collection is $2,810.69 per year.
Therefore, the total annual (non-hour) respondent cost burden for
this collection, in the form of filing fees ($650.00) and postage costs
($2,810.69), is estimated to be approximately $3,460.69 per year.

IV. Request for Comments

Comments are invited on:
(a) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information shall have practical utility;
(b) the accuracy of the agency's estimate of the burden (including
hours and cost) of the proposed collection of information, including
the validity of the methodology and assumptions used;
(c) ways to enhance the quality, utility, and clarity of the
information to be collected; and
(d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology, e.g., permitting
electronic submission of responses.
Comments submitted in response to this notice will be summarized or
included in the request for OMB approval of this information
collection; they will also become a matter of public record.

Dated: June 16, 2016.
Marcie Lovett,
Records Management Division Director, OCIO, United States Patent and
Trademark Office.
[FR Doc. 2016-14856 Filed 6-22-16; 8:45 am]
BILLING CODE 3510-16-P

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