81 FR 40876 - Legal Processes
DEPARTMENT OF COMMERCE
Patent and Trademark Office Federal Register Volume 81, Issue 121 (June 23, 2016)
Patent and Trademark Office
Federal Register Volume 81, Issue 121 (June 23, 2016)
| Page Range | 40876-40877 | |
| FR Document | 2016-14856 |
[Federal Register Volume 81, Number 121 (Thursday, June 23, 2016)] [Notices] [Pages 40876-40877] From the Federal Register Online [www.thefederalregister.org] [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: [email protected]. Include ``0651- 0046 inquiry'' in the subject line of the message. Federal Rulemaking Portal: http://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 [email protected] with ``0651-0046 inquiry'' in the subject line. Additional information about this collection is also available at http://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
![40876 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Notices
fisheries or regions. The AFSC response information about this collection is also There are no forms provided by the
notes that monitoring harvest levels is available at http://www.reginfo.gov USPTO for this collection. For filing
currently unfunded, and while under ‘‘Information Collection Review.’’ claims under the Federal Tort Claims
resources are limited the AFSC will SUPPLEMENTARY INFORMATION: Act, the public may use Standard Form
work with the NMFS Alaska Regional 95 ‘‘Claim for Damage, Injury, or
Office to develop a joint list of priorities I. Abstract Death,’’ which is provided by the
for understanding harvest levels so both The purpose of this collection is to Department of Justice and approved by
entities can solicit additional resources cover information requirements related the Office of Management and Budget
and coordinate to achieve this objective. to civil actions and claims involving (OMB) under OMB Control Number
Dated: June 20, 2016. current and former employees of the 1105–0008.
Donna S. Wieting, United States Patent and Trademark II. Method of Collection
Director, Office of Protected Resources, Office (USPTO). The rules for these
National Marine Fisheries Service. legal processes may be found under 37 By mail or hand delivery to the
[FR Doc. 2016–14866 Filed 6–22–16; 8:45 am] CFR part 104, which outlines USPTO.
BILLING CODE 3510–22–P procedures for service of process, III. Data
demands for employee testimony and
production of documents in legal OMB Number: 0651–0046.
DEPARTMENT OF COMMERCE proceedings, reports of unauthorized Form Number(s): None.
testimony, employee indemnification, Type of Review: Revision of a
Patent and Trademark Office and filing claims against the USPTO currently approved collection.
under the Federal Tort Claims Act (28 Affected Public: Individuals or
Legal Processes
U.S.C. 2672) and the corresponding households; businesses or other for-
ACTION: Notice and request for comment. Department of Justice regulations (28 profits; not-for-profit institutions; and
CFR part 14). The public may also the Federal Government.
SUMMARY: The United States Patent and petition the USPTO Office of General
Trademark Office (USPTO), as part of its Counsel under 37 CFR 104.3 to waive or Estimated Number of Respondents:
continuing effort to reduce paperwork suspend these rules in extraordinary 299 responses per year. The USPTO
and respondent burden, invites the cases. estimates that approximately 10% of
general public and other Federal these responses will be from small
The procedures under 37 CFR part
agencies to take this opportunity to entities.
104 ensure that service of process
comment on this continuing intended for current and former Estimated Time per Response: The
information collection, as required by employees of the USPTO is handled USPTO estimates that it will take the
the Paperwork Reduction Act of 1995, properly. The USPTO will only accept public from 5 minutes (0.08 hours) to 6
Public Law 104–13 (44 U.S.C. service of process for an employee hours to prepare a single item in this
3506(c)(2)(A)). acting in an official capacity. This collection, including gathering the
DATES: Written comments must be collection is necessary so that necessary information, preparing the
submitted on or before August 22, 2016. respondents or their representatives can appropriate documents, and submitting
serve a summons or complaint on the the information required for this
ADDRESSES: You may submit comments
USPTO, demand employee testimony collection.
by any of the following methods:
• Email: InformationCollection@ and documents related to a legal Estimated Total Annual Hour Burden:
uspto.gov. Include ‘‘0651–0046 inquiry’’ proceeding, or file a claim under the 87.08 hours.
in the subject line of the message. Federal Tort Claims Act. Respondents Estimated Total Annual Cost Burden
• Federal Rulemaking Portal: http:// may also petition the USPTO to waive (Hourly): $35,539.05. The USPTO
www.regulations.gov. or suspend these rules for legal expects that the information in this
• Mail: Marcie Lovett, Records processes. This collection is also collection will be prepared by attorneys
Management Division Director, Office of necessary so that current and former and former employees at an hourly rate
the Chief Information Officer, United USPTO employees may properly of $410, except for the requests for
States Patent and Trademark Office, forward service and demands to the employee indemnification, which
P.O. Box 1450, Alexandria, VA 22313– Office of General Counsel, report generally come from professional and
1450. unauthorized testimony, and request supervisory staff at an hourly rate of
FOR FURTHER INFORMATION CONTACT: indemnification. The USPTO covers $79.78. Since the majority of the former
Requests for additional information current employees as respondents under employees affected by this collection are
should be directed to Kyu Lee, Office of this information collection even though attorneys, the estimated attorney hourly
General Law, United States Patent and their responses do not require approval rate will be used for former employees
Trademark Office, P.O. Box 1450, under the Paperwork Reduction Act. In as well. Using these hourly rates, the
Alexandria, VA 22313–1450; by those instances where both current and USPTO estimates that the total
telephone at 571–272–6421; or by email former employees may respond to the respondent cost burden for this
at Kyu.Lee@uspto.gov with ‘‘0651–0046 USPTO, the agency estimates that the collection will be approximately
inquiry’’ in the subject line. Additional number of respondents will be small. $35,539.05 per year.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
TABLE 1—RESPONDENT HOURLY COST BURDEN
Estimated Estimated Estimated
response Rate Total cost
IC No./Item annual annual
time ($/hr) ($/yr)
responses burden hours
(hours)
(a) (b) (a) × (b) = (c) (d) (c) × (d) = (e)
1. Petition to Waive Rules .................................................................................... 0.50 5 2.50 $410.00 $1,025.00
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![Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Notices 40877
TABLE 1—RESPONDENT HOURLY COST BURDEN—Continued
Estimated Estimated Estimated
response Rate Total cost
IC No./Item annual annual
time ($/hr) ($/yr)
responses burden hours
(hours)
(a) (b) (a) × (b) = (c) (d) (c) × (d) = (e)
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 Production of Documents in Legal Proceedings .... 1.00 23 23.00 410.00 9,430.00
5. Forwarding Demands ........................................................................................ 0.17 10 1.67 410.00 683.33
6. Report of Unauthorized Testimony ................................................................... 0.50 1 0.50 410.00 205.00
7. Report of Possible Indemnification Cases ........................................................ 0.50 3 1.50 410.00 615.00
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 and cost) of the proposed collection of Full Text of Announcement
Respondent Cost Burden: $3,436. There information, including the validity of I. Funding Opportunity Description
are no capital start-up, maintenance, or the methodology and assumptions used;
recordkeeping costs associated with this (c) ways to enhance the quality, Purpose of Program: The Promoting
information collection. However, this utility, and clarity of the information to Student Resilience program provides
collection does have annual (non-hour) be collected; and grants to local educational agencies
costs in the form of filing fees and (d) ways to minimize the burden of (LEAs) (or consortia of LEAs) to build
postage costs. the collection of information on and increase their capacity to address
respondents, including through the use the comprehensive behavioral and
Filing Fees mental health needs of students in
of automated collection techniques or
This collection has filing fees communities that have experienced
other forms of information technology,
associated with the petition to waive or Significant civil unrest 1 in the past 24
e.g., permitting electronic submission of
suspend the legal process rules under 37 months.
CFR 104.3. The USPTO estimates that 5 responses.
Background: Recent events have
petitions will be filed per year with a fee Comments submitted in response to
demonstrated that incidents involving
of $130, for a total fee cost of $650. this notice will be summarized or
civil unrest can disrupt schools and
There are no other fees associated with included in the request for OMB
adversely impact the learning
this information collection. approval of this information collection;
environment. These experiences can
they will also become a matter of public
Postage Costs traumatize students, and this trauma
record.
can have lasting adverse effects on the
Customers may incur postage costs Dated: June 16, 2016. mental, social, and emotional well-being
when submitting the information in this Marcie Lovett, of children and youth. The communities
collection to the USPTO by mail. The
Records Management Division Director, that are directly impacted by Significant
USPTO estimates that the average first- OCIO, United States Patent and Trademark civil unrest often have a long history of
class postage for a mailed submission, Office. poverty, neglect, and inequality, and
other than a Service of Process, will be [FR Doc. 2016–14856 Filed 6–22–16; 8:45 am] students in these communities often
$0.94 and that up to 56 of these
BILLING CODE 3510–16–P face barriers to accessing social and
submissions will be mailed to the
health services. It is widely recognized
USPTO per year, for a postage cost of
that there may also be a history of
$52.64. The USPTO estimates that the
average postage for a Service of Process tension in the relationships between
DEPARTMENT OF EDUCATION members of the community and agents
will be $11.35 and that up to 243 of
these submissions will be mailed to the of the public sector that deters efforts to
Applications for New Awards; seek such services.
USPTO per year, for a postage cost of Promoting Student Resilience
$2,758.05. The estimated postage cost According to the Substance Abuse
for this collection is $2,810.69 per year. AGENCY: Office of Elementary and and Mental Health Services
Therefore, the total annual (non-hour) Secondary Education, Department of Administration (SAMHSA), trauma
respondent cost burden for this Education. results from an event or a series of
collection, in the form of filing fees events, or a set of circumstances that is
ACTION: Notice. perceived by an individual as physically
($650.00) and postage costs ($2,810.69),
is estimated to be approximately or emotionally harmful or life
Overview Information: Promoting
$3,460.69 per year. threatening and that has lasting adverse
Student Resilience.
effects on the individual’s mental,
IV. Request for Comments Notice inviting applications for new
asabaliauskas on DSK3SPTVN1PROD with NOTICES
social, or emotional well-being.2
Comments are invited on: awards for fiscal year (FY) 2016.
(a) Whether the proposed collection of Catalog of Federal Domestic Assistance 1 Defined terms are used throughout the notice
information is necessary for the proper (CFDA) Number: 84.184C. and are indicated by capitalization.
performance of the functions of the 2 Substance Abuse and Mental Health Services
agency, including whether the DATES: Administration. SAMHSA’s Concept of Trauma and
Applications Available: June 23, 2016. Guidance for a Trauma-Informed Approach. HHS
information shall have practical utility; Publication No. (SMA) 14–4884. Rockville, MD:
(b) the accuracy of the agency’s Deadline for Transmittal of Substance Abuse and Mental Health Services
estimate of the burden (including hours Applications: July 25, 2016. Administration, 2014.
VerDate Sep<11>2014 17:24 Jun 22, 2016 Jkt 238001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\23JNN1.SGM 23JNN1](https://thefederalregister.org/doc/81_FR_40997/page/2.svg)
Document Created: 2018-02-08 07:41:30
Document Modified: 2018-02-08 07:41:30
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice and request for comment. | |
| Dates | Written comments must be submitted on or before August 22, 2016. | |
| 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 [email protected] with ``0651-0046 inquiry'' in the subject line. Additional information about this collection is also available at http://www.reginfo.gov under ``Information Collection Review.'' | |
| FR Citation | 81 FR 40876 |
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