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Federal Register / Vol. 71, No.

115 / Thursday, June 15, 2006 / Notices 34601

themselves contain the largest resources; and possibly the length of PATENT AND TRADEMARK OFFICE
concentration of breeding seabirds in residence in the area affected by the
the contiguous United States. Key Sanctuary. Applicants who are chosen Requirements for Patent Applications
habitats include coastal beaches, rocky as members should expect to serve 2- Containing Nucleotide Sequence and/
shores, mud and tidal flats, salt marsh, year terms, pursuant to the Council’s or Amino Acid Sequence Disclosures
estuaries, and pelagic waters. Charter.
Additionally, the area within the ACTION: Proposed collection; comment
Monterey Bay National Marine DATES: Applications are due by June 30, request.
Sanctuary (MBNMS) north of the San 2006. SUMMARY: The United States Patent and
Mateo/Santa Cruz county boundary is Trademark Office (USPTO), as part of its
administered by the GFNMS. The legal ADDRESSES: Application kits may be
obtained from: Krista Trono, Monitor continuing effort to reduce paperwork
boundaries of each sanctuary remain as and respondent burden, invites the
is. The GFNMS is responsible for National Marine Sanctuary, 100
Museum Drive, Newport News, VA general public and other Federal
developing and managing most agencies to take this opportunity to
sanctuary programs within this area, 23602. Completed applications should
be sent to the same address. comment on the continuing information
with the exception that the MBNMS is collection, as required by the Paperwork
responsible for the Water Quality FOR FURTHER INFORMATION CONTACT: Reduction Act of 1995, Public Law 104–
Protection Program.
Krista Trono, Communications 13 (44 U.S.C. 3506(c)(2)(A)).
The GFNMS Advisory Council was
originally chartered in 2001, with seven Coordinator, Monitor National Marine DATES: Written comments must be
voting members. It has recently been Sanctuary, 100 Museum Drive Newport submitted on or before August 14, 2006.
expanded to 12 voting members. The News, VA 23602. (757) 591–7328, Fax: ADDRESSES: You may submit comments
primary focus of the Council is to advise (757) 591–7353, Krista.Trono@noaa.gov. by any of the following methods:
the Sanctuary Manager regarding the E-mail: Susan.Brown@uspto.gov.
SUPPLEMENTARY INFORMATION: The
implementation of the sanctuary Include ‘‘0651–0024 comment’’ in the
MNMS Advisory Council was subject line of the message.
management plan, in conjunction with established in 2005 and representation
the contiguous Monterey Bay and Fax: 571–273–0112, marked to the
currently consists of eleven members, attention of Susan Brown.
Cordell Bank National Marine
including four government agency Mail: Susan K. Brown, Records
Sanctuaries.
representatives and seven members Officer, Office of the Chief Information
Authority: 16 U.S.C. Sections 1431, et seq. from the general public. The Council Officer, Architecture, Engineering and
(Federal Domestic Assistance Catalog functions in an advisory capacity to the Technical Services, Data Architecture
Number 11.429 Marine Sanctuary Program) Sanctuary Superintendent. The Council and Services Division, U.S. Patent and
Dated: June 5, 2006. works in concert with the Sanctuary Trademark Office, P.O. Box 1450,
Daniel J. Basta, Superintendent by keeping him or her Alexandria, VA 22313–1450.
informed about issues of concern Federal e-Rulemaking Portal: http://
Director, National Marine Sanctuary Program,
National Oceanic and Atmospheric throughout the Sanctuary, offering www.regulations.gov.
Administration. recommendations on specific issues, FOR FURTHER INFORMATION CONTACT:
[FR Doc. 06–5422 Filed 6–14–06; 8:45 am] and aiding the Manager in achieving the Requests for additional information
BILLING CODE 3510–NK–M goals of the Sanctuary program. should be directed to Robert J. Spar,
Specifically, the Council’s objectives are Director, Office of Patent Legal
to provide advice on: (1) Protecting Administration, U.S. Patent and
DEPARTMENT OF COMMERCE cultural resources, and identifying and Trademark Office, P.O. Box 1450,
evaluating emergent or critical issues Alexandria, VA 22313–1450; by
National Oceanic and Atmospheric telephone at 571–272–7700; or by e-mail
involving Sanctuary use or resources;
Administration at Bob.Spar@uspto.gov.
(2) Identifying and realizing the
Maritime Museum Seat Vacancy for the Sanctuary’s research objectives; (3) I. Abstract
Monitor National Marine Sanctuary Identifying and realizing educational Patent applications that contain
Advisory Council opportunities to increase the public nucleotide and/or amino acid sequence
knowledge and stewardship of the disclosures must include a copy of the
AGENCY: National Marine Sanctuary Sanctuary environment; and (4)
Program (NMSP), National Ocean sequence listing in accordance with the
Assisting to develop an informed requirements in 37 CFR 1.821–1.825.
Service (NOS), National Oceanic and
constituency to increase awareness and The rules of practice require applicants
Atmospheric Administration,
Department of Commerce (DOC). understanding of the purpose and value to submit these sequence listings in a
of the Sanctuary and the National standard international format that is
ACTION: Notice and request for
Marine Sanctuary Program. consistent with World Intellectual
applications.
Authority: 16 U.S.C. Sections 1431, et seq. Property Organization (WIPO) Standard
SUMMARY: The Monitor National Marine ST.25 (1998). Applicants may submit
Sanctuary (MNMS or Sanctuary) is (Federal Domestic Assistance Catalog sequence listings for both U.S. and
seeking applicants for the Maritime Number 11.429 Marine Sanctuary Program) international patent applications.
Museum seat on its Sanctuary Advisory Dated: June 5, 2006. The USPTO uses the sequence listings
Council (Council). Daniel J. Basta, during the examination process to
Applicants are chosen based upon Director, National Marine Sanctuary Program,
determine the patentability of the
jlentini on PROD1PC65 with NOTICES

their particular expertise and experience National Oceanic and Atmospheric associated patent application. Sequence
in relation to the seat for which they are Administration. listings are also disclosed as part of the
applying; community and professional [FR Doc. 06–5421 Filed 6–14–06; 8:45 am]
published patent application or issued
affiliations; philosophy regarding the patent. Sequence listings that are
BILLING CODE 3510–NK–M
protection and management of marine extremely long (files larger than 600K or

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34602 Federal Register / Vol. 71, No. 115 / Thursday, June 15, 2006 / Notices

approximately 300 printed pages) are Applicants may submit the CRF copy of III. Data
published only in electronic form and the sequence listing to the USPTO on
are available to the public on the CD or other acceptable media as OMB Number: 0651–0024.
USPTO sequence data Web page. provided in 37 CFR 1.824. Sequence Form Number(s): None.
The USPTO recognizes that the listings that are submitted electronically Type of Review: Revision of a
submission of massive paper versions of using EFS do not require a separate CRF currently approved collection.
extremely long sequence listings would copy.
This information collection contains Affected Public: Individuals or
place a significant burden on applicants households; businesses or other for-
and the USPTO, while also being of the sequence listings that are submitted
with biotechnology patent applications. profits; not-for-profit institutions; farms;
minimal utility for examination the Federal Government; and state, local
purposes. Consequently, applicants may Information pertaining to the filing of
the initial patent application itself is or tribal governments.
submit the sequence listing required by
collected under OMB Control Number Estimated Number of Respondents:
37 CFR 1.821(c) on paper or compact
0651–0032, and international 15,382 responses per year.
disc (CD). Applicants may also file
applications submitted under the Patent Estimated Time per Response: The
sequence listings for U.S. applications
Cooperation Treaty (PCT) are covered USPTO estimates that it will take the
electronically using the Electronic
under OMB Control Number 0651–0021. public approximately ten minutes (0.17
Filing System (EFS) software developed
Customers may use a checkbox on Form hours) to one hour and 20 minutes (1.33
by the USPTO for secure transmission of
PTO/SB/05 Utility Patent Application hours) to gather the necessary
patent applications and related
Transmittal, which is covered under information, prepare the sequence
documents over the Internet. Applicants
OMB Control Number 0651–0032, to listing, and submit it to the USPTO,
may use EFS to file a sequence listing
indicate the submission of a sequence depending on whether the listing is
electronically with a patent application
listing for a U.S. patent application. The submitted on paper, on CD, or
or subsequent to a previously filed USPTO also provides a sample format
application. electronically.
for the transmittal documentation that
Under 37 CFR 1.821(e)-(f), applicants Estimated Total Annual Respondent
must be submitted with a sequence
must also submit a copy of the sequence Burden Hours: 17,297 hours per year.
listing on CD for an international patent
listing in ‘‘computer readable form’’ application. Applicants who submit Estimated Total Annual Respondent
(CRF) with a statement indicating that sequence listings using EFS must Cost Burden: $1,556,730 per year. The
the CRF copy of the sequence listing is complete the electronic transmittal USPTO expects that the information in
identical to the paper or CD copy forms included within the submission this collection will be prepared by
required by 1.821(c). If an applicant software. paraprofessionals at an estimated rate of
later submits an amendment to the $90 per hour. Therefore, the USPTO
paper or CD copy of the sequence II. Method of Collection estimates that the respondent cost
listing, the applicant must also submit By mail, hand delivery, or burden for this collection will be
a new CRF copy of the amended listing. electronically to the USPTO. approximately $1,556,730 per year.

Estimated Estimated
Item Estimated time for response annual annual burden
responses hours

Sequence Listing in Application (paper) .................................................... 1 hour and 20 minutes .................... 11,512 15,311
Sequence Listing in Application (CD) ........................................................ 1 hour .............................................. 1,600 1,600
Electronic Sequence Listing in Application (EFS) ..................................... 10 minutes ....................................... 2,270 386

Total .................................................................................................... .......................................................... 15,382 17,297

Estimated Total Annual Non-hour for a total of $960,000 per year. While filing fees that may be associated with
Respondent Cost Burden: $4,285,658 there is no additional fee for a sequence paper and CD sequence listings for
per year. There are no maintenance listing filed on paper in an international international applications.
costs associated with this collection. application, the basic international Under 37 CFR 1.16(s) and 1.492(j),
The USPTO provides free software for filing fee only covers the first 30 pages both U.S. and international patent
creating and validating the format of the of the application. As a result, there is applications that include lengthy paper
sequence listings prior to submission. a $12 fee per page that is added to the sequence listings may be subject to an
However, this collection does have international filing fee for each page application size fee. For applications
annual (non-hour) costs in the form of over 30 pages. The average length of a with paper sequences listings that
filing fees, capital start-up costs, paper sequence listing in an exceed 100 pages, the application size
recordkeeping costs, and postage costs. international application is 150 pages, fee is $250 (or $125 for small entities)
There is no separate filing fee for which would carry an additional fee of for each additional 50 pages or fraction
submitting a sequence listing as part of $1,800 if the international application thereof. The USPTO estimates that
a U.S. patent application, but there is a were already at least 30 pages long approximately 400 applications with
filing fee of $4,800 for submitting a without the listing. The USPTO long paper sequence listings will incur
sequence listing in electronic form (on estimates that approximately 1,560 of an average application size fee of $750,
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CD) as part of an international PCT the 11,512 paper sequence listings and approximately 310 applications
application. The USPTO estimates that submitted per year will be for with long paper listings from small
approximately 200 of the 1,600 CD international applications, for a total of entities will incur an average
sequence listings submitted per year $2,808,000 per year. Therefore, this application size fee of $375, for a total
will be for international applications, collection has $3,768,000 per year in of $416,250 per year. Therefore, this

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Federal Register / Vol. 71, No. 115 / Thursday, June 15, 2006 / Notices 34603

collection has a total of $4,184,250 in filing fees, capital start-up costs, collection requests. OMB may amend or
filing fees per year. recordkeeping costs, and postage costs waive the requirement for public
There are capital start-up costs is estimated to be $4,285,658 per year. consultation to the extent that public
associated with submitting sequence participation in the approval process
listings and CRF copies to the USPTO IV. Request for Comments
would defeat the purpose of the
on CD. Applicants who submit sequence Comments are invited on: (a) Whether information collection, violate State or
listings on CD must submit two copies the proposed collection of information Federal law, or substantially interfere
of the CD (or three copies for is necessary for the proper performance with any agency’s ability to perform its
international applications) along with a of the functions of the agency, including statutory obligations. The IC Clearance
transmittal letter stating that the copies whether the information shall have Official, Regulatory Information
are identical. This process requires practical utility; (b) the accuracy of the Management Services, Office of
additional supplies, including blank agency’s estimate of the burden Management, publishes that notice
recordable CD media and padded (including hours and cost) of the containing proposed information
envelopes for shipping. The USPTO proposed collection of information; (c) collection requests prior to submission
estimates that the cost of these supplies ways to enhance the quality, utility, and of these requests to OMB. Each
will be approximately $3 per CD clarity of the information to be proposed information collection,
submission and that it will receive collected; and (d) ways to minimize the grouped by office, contains the
approximately 1,600 CD submissions burden of the collection of information following: (1) Type of review requested,
per year, for a total of $4,800. In on respondents, e.g., the use of e.g. new, revision, extension, existing or
addition, customers who submit automated collection techniques or reinstatement; (2) Title; (3) Summary of
sequence listings on paper or CD must other forms of information technology. the collection; (4) Description of the
also submit a separate CRF copy of the Comments submitted in response to need for, and proposed use of, the
listing, which may be submitted on CD. this notice will be summarized or information; (5) Respondents and
The USPTO estimates that it will included in the request for OMB frequency of collection; and (6)
receive approximately 13,112 CRF approval of this information collection; Reporting and/or Recordkeeping
copies for paper and CD sequence they also will become a matter of public burden. OMB invites public comment.
listings at an estimated cost of $2 per record.
copy, for a total of $26,224. Therefore, Dated: June 7, 2006.
Dated: June 9, 2006. Angela C. Arrington,
this collection has total capital start-up
Susan K. Brown, IC Clearance Official, Regulatory Information
costs of $31,024 per year associated
with submitting sequence listings and Records Officer, USPTO, Office of the Chief Management Services, Office of Management.
Information Officer, Architecture,
CRF copies on CD. Office of English Language Acquisitions
Engineering and Technical Services, Data
Applicants who submit sequence Architecture and Services Division.
listings on CD may also incur Type of Review: Revision.
[FR Doc. E6–9343 Filed 6–14–06; 8:45 am] Title: Title III Biennial Report
recordkeeping costs. The USPTO
advises applicants to retain a back-up BILLING CODE 3510–16–P Required of State Education Agencies
copy of CD submissions and associated Regarding Activities Under the NCLB
documentation for their records. The Act of 2001.
USPTO estimates that it will take DEPARTMENT OF EDUCATION Frequency: Biennially.
applicants five minutes to produce a Affected Public: State, Local, or Tribal
back-up CD copy and two minutes to Submission for OMB Review; Gov’t, SEAs or LEAs.
print copies of documentation, for a Comment Request Reporting and Recordkeeping Hour
total of seven minutes (0.12 hours) to AGENCY: Department of Education. Burden:
make a back-up copy of the CD Responses: 52.
SUMMARY: The IC Clearance Official,
submission. The USPTO estimates that Burden Hours: 156.
Regulatory Information Management
approximately 1,600 CD submissions Abstract: State Directors of Title III of
Services, Office of Management invites
will be received per year, for a total of the No Child Left Behind (Elementary
comments on the submission for OMB
192 hours for making back-up CD and Secondary Education) Act—
review as required by the Paperwork
copies. The USPTO expects that these Language Instruction for Limited
Reduction Act of 1995.
back-up copies will be prepared by English Proficient and Immigrant
DATES: Interested persons are invited to students—are required to transmit their
paraprofessionals at an estimated rate of
submit comments on or before July 17, State Formula Grant Biennial Evaluation
$90 per hour, for a total recordkeeping
2006. Report to the Secretary of Education
cost of $17,280 per year.
Customers may incur postage costs ADDRESSES: Written comments should every two years. The Department uses
when submitting a sequence listing to be addressed to the Office of the information collected for the
the USPTO by mail. Mailed submissions Information and Regulatory Affairs, Secretary’s Biennial Report to Congress
may include the sequence listing on Attention: Rachel Potter, Desk Officer, and for the determination of State Title
either paper or CD, the CRF copy of the Department of Education, Office of III accountability.
listing on CD, and a transmittal letter Management and Budget, 725 17th Requests for copies of the information
containing the required identifying Street, NW., Room 10222, New collection submission for OMB review
information. The USPTO estimates that Executive Office Building, Washington, may be accessed from http://
the average postage cost for a paper or DC 20503 or faxed to (202) 395–6974. edicsweb.ed.gov, by selecting the
CD sequence listing submission will be SUPPLEMENTARY INFORMATION: Section ‘‘Browse Pending Collections’’ link and
$4.05 and that 13,112 sequence listings 3506 of the Paperwork Reduction Act of by clicking on link number 3024. When
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will be mailed to the USPTO per year, 1995 (44 U.S.C. chapter 35) requires that you access the information collection,
for a total postage cost of $53,104 per the Office of Management and Budget click on ‘‘Download Attachments ‘‘ to
year. (OMB) provide interested Federal view. Written requests for information
The total non-hour respondent cost agencies and the public an early should be addressed to U.S. Department
burden for this collection in the form of opportunity to comment on information of Education, 400 Maryland Avenue,

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