```

[Federal Register Volume 75, Number 238 (Monday, December 13, 2010)]
[Notices]
[Pages 77612-77613]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31219]

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

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Document No. AMS-ST-10-0052]

Plant Variety Protection Board; Reestablishment of the Plant 
Variety Protection Board

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice.

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

SUMMARY: In accordance with the Federal Advisory Committee Act (FACA) 
(5 U.S.C. App.), this notice announces that the Secretary of 
Agriculture intends to reestablish the Plant Variety Protection Board.

FOR FURTHER INFORMATION CONTACT: Paul Zankowski, USDA, Agricultural 
Marketing Service (AMS), 10301 Baltimore Blvd., Room 401, National 
Agricultural Library, Beltsville, MD 20705-2351 or by phone at (301) 
504-7475 or by Internet: http://www.regulations.gov or by e-mail: 
Paul.Zankowski@ams.usda.gov.

SUPPLEMENTARY INFORMATION: The Plant Variety Protection Act (Act) (7 
U.S.C. 2321 et seq.) provides legal protection in the form of 
intellectual property rights to developers of new varieties of plants, 
which are reproduced sexually by seed or are tuber-propagated. A 
Certificate of Plant Variety Protection is awarded to an owner of a 
crop variety after an examination shows that it is new, distinct from 
other varieties, genetically uniform and stable through successive 
generations. The term of protection is 20 years for most crops and 25 
years for trees, shrubs, and vines.
    The Act also provides for a statutory Board (7 U.S.C. 2327) to be 
appointed by the Secretary of Agriculture. The duties of the Board are 
to: (1) Advise the Secretary concerning the adoption of rules and 
regulations to facilitate the proper administration of the Act; (2) 
provide advisory counsel to the Secretary on appeals concerning 
decisions on applications by the PVP Office and on requests for 
emergency public-interest compulsory licenses; and (3) advise the 
Secretary on any other matters under the Regulations and Rules of 
Practice and on all questions under Section 44 of the Act, ``Public 
Interest in Wide Usage'' (7 U.S.C. 2404). Reestablishing the Board is 
necessary and in the public interest.
    The Act provides that ``the Board shall consist of individuals who 
are experts in various areas of varietal development covered by this 
Act.'' The Board membership ``shall include farmer representation and 
shall be drawn approximately equally from the private or seed industry 
sector and from the sector of government or the public.'' The Board 
consists of 14 members, each of whom is appointed for a 2-year period, 
with no member appointed for more than three 2-year periods. 
Nominations are made by farmers' associations, trade associations in 
the seed industry, professional associations representing expertise in 
seed technology, plant breeding, and variety development, public and 
private research and development institutions (13 members) and the USDA 
(one member).
    Equal opportunity practices, in agreement with USDA 
nondiscrimination policies, will be followed in all membership 
appointments to the Board. To ensure that the suggestions of the Board 
have taken into account the needs of the diverse groups served by USDA, 
membership shall include, to the extent practicable, individuals with 
demonstrated ability to represent minorities, women, and persons with 
disabilities.
    The Charter for the Board will be available on the Web site at: 
http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRDC5O59988 or may 
be requested by contacting the individual identified in the FOR FURTHER 
INFORMATION CONTACT section of this notice.
    USDA prohibits discrimination in all its programs and activities on 
the basis of race, color, national origin, gender, religion, age, 
disability, political beliefs, sexual orientation, and marital or 
family status. Persons with disabilities who require alternative means 
for communication of program information (braille, large print, or 
audiotape) should contact USDA's Target Center at 202-720-2600 (voice 
and TTY).
    To file a written complaint of discrimination, write USDA, Office 
of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, 
SW., Washington, DC 20250-9410 or call 202-720-5964 (voice and TTY). 
USDA

[[Page 77613]]

is an equal opportunity provider and employer.

    Dated: December 7, 2010.
Pearlie S. Reed,
Assistant Secretary for Administration.
[FR Doc. 2010-31219 Filed 12-10-10; 8:45 am]
BILLING CODE 3410-02-M
```