3704 Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Notices 

determination on the nomination’s 

designation. 

Done at Washington, DC, January 15, 2010. 

Roger Beachy, 

Director, National Institute of Food and 

Agriculture. 

[FR Doc. 2010–1114 Filed 1–21–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

Secrecy and License To Export 

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 revision of a 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 March 23, 2010. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• E-mail: Susan.Fawcett@uspto.gov. 

Include ‘‘0651–0034 Secrecy and 

License to Export collection comment’’ 

in the subject line of the message. 

• Fax: 571–273–0112, marked to the 

attention of Susan K. Fawcett. 

• Mail: Susan K. Fawcett, Records 

Officer, Office of the Chief Information 

Officer, U.S. Patent and Trademark 

Office, P.O. Box 1450, Alexandria, VA 

22313–1450. 

• Federal e-Rulemaking Portal: http: 

//www.regulations.gov 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information 

should be directed to the attention of 

Brian Hanlon, Director, Office of Patent 

Legal Administration, U.S. Patent and 

Trademark Office, P.O. Box 1450, 

Alexandria, VA 22313–1450; by 

telephone 571–272–5047; or by e-mail 

to Brian.Hanlon@uspto.gov. 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

In the interest of national security, 

patent laws and rules place certain 

limitations on the disclosure of 

information contained in patents and 

patent applications and on the filing of 

applications for patents in foreign 

countries. Whenever publication or 

disclosure by the publication of an 

application, in the opinion of the head 

of the interested Government agency, is 

determined to be detrimental to national 

security, the Commissioner for Patents 

at the United States Patent and 

Trademark Office (USPTO) must issue a 

secrecy order and withhold the grant of 

a patent for such period as the national 

interest requires. If a secrecy order is 

applied to an international application, 

the application will not be forwarded to 

the International Bureau as long as the 

secrecy order is in effect. The USPTO 

collects information to determine 

whether the patent laws and rules have 

been complied with and to grant or 

revoke licenses to file abroad when 

appropriate. This collection of 

information is required by 35 

U.S.C.181–188 and administered 

through 37 CFR 5.1–5.33. 

There are no forms associated with 

this collection of information. 

II. Method of Collection 

By mail, facsimile, or hand delivery to 

the USPTO when the applicant or agent 

files a patent application with the 

USPTO, submits subsequent papers 

during the prosecution of the 

application to the USPTO, or submits a 

request for a foreign filing license for a 

patent application to be filed abroad 

before the filing of a U.S. patent 

application. 

III. Data 

OMB Number: 0651–0034. 

Form Number(s): None. 

Type of Review: Extension of a 

currently approved collection. 

Affected Public: Individuals, 

businesses or other for-profits; not-forprofit institutions. 

Estimated Number of Respondents: 

1,794 responses per year. 

Estimated Time Per Response: The 

USPTO estimates that it will take 

between 30 minutes (0.5 hours) to 4 

hours to gather, prepare and submit this 

information, depending upon the 

complexity of the situation. 

Estimated Total Annual Respondent 

Burden Hours: 1,538 hours per year. 

Estimated Total Annual Respondent 

Cost Burden: $499,850. The USPTO 

expects that the information in this 

collection will be prepared by attorneys. 

Using the professional hourly rate of 

$325 for attorneys in private firms, the 

USPTO estimates that this collection 

will have a total respondent cost burden 

of $499,850 per year. 

Item 

Estimated 

time for 

response 

Estimated 

annual 

responses 

Estimated 

annual 

burden hours 

Petition for rescission of secrecy order ................................................................... 3 hours ...................... 6 18 

Petition to disclose or modification of secrecy order .............................................. 2 hours ...................... 3 6 

Petition for general and group permits .................................................................... 1 hour ........................ 1 1 

Petition for expedited handling of license (no corresponding application) ............. 30 minutes ................. 1,347 674 

Petition for expedited handling of license (corresponding U.S. application) .......... 30 minutes ................. 259 130 

Petition for changing the scope of a license ........................................................... 30 minutes ................. 1 1 

Petition for retroactive license ................................................................................. 4 hours ...................... 177 708 

Totals ................................................................................................................ .................................... 1,794 1,538 

Estimated Total Annual Non-Hour 

Respondent Cost Burden: $356,879. 

There are no capital start-up, 

maintenance, or record keeping costs 

associated with this information 

collection. There are, however, filing 

fees and postage costs. 

This collection has a total of $356,800 

in associated filing fees, as shown in the 

accompanying table. 

Item Responses Filing fee Total filing fees 

Petition for rescission of secrecy order ........................................................................... 6 $0.00 $0.00 

Petition to disclose or modification of secrecy order ...................................................... 3 0.00 0.00 

Petition for general and group permits ............................................................................ 1 0.00 0.00 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Notices 3705 

Item Responses Filing fee Total filing fees 

Petition for expedited handling of license (no corresponding application) ..................... 1,347 200.00 269,400.00 

Petition for expedited handling of license (corresponding U.S. application) .................. 259 200.00 51,800.00 

Petition for changing the scope of a license ................................................................... 1 200.00 200.00 

Petition for retroactive license ......................................................................................... 177 200.00 35,400.00 

Totals ........................................................................................................................ 1,794 ............................ 356,800.00 

The USPTO estimates that 90 percent 

(90%) of the petitions in this collection 

are submitted to the USPTO by 

facsimile or hand carried because of the 

quick turnaround required. For the 10 

percent (10%) of the public that chooses 

to submit the petitions in this collection 

to the USPTO by mail through the 

United States Postal Service, the USPTO 

estimates that the average first class 

postage cost for a mailed submission 

will be 44 cents. Therefore, the USPTO 

estimates that up to 179 submissions per 

year may be mailed to the USPTO at an 

average first class postage cost of 44 

cents, for a total postage cost of $79. 

The USPTO estimates that the total 

non-hour respondent cost burden for 

this collection in the form of filing fees 

($356,800) and postage costs ($79) 

amounts to $356,879. 

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; (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, e.g., the use of 

automated collection techniques or 

other forms of information technology. 

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: January 14, 2010. 

Susan K. Fawcett, 

Records Officer, USPTO, Office of the Chief 

Information Officer. 

[FR Doc. 2010–1161 Filed 1–21–10; 8:45 am] 

BILLING CODE 3510–16–P 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[Docket 4–2010] 

Foreign-Trade Zone 113—Ellis County, 

TX Application for Reorganization 

Under Alternative Site Framework 

An application has been submitted to 

the Foreign-Trade Zones (FTZ) Board 

(the Board) by Ellis County Trade Zone 

Corporation (formerly Midlothian Trade 

Zone Corporation), grantee of FTZ 113, 

requesting authority to reorganize the 

zone under the alternative site 

framework (ASF) adopted by the Board 

(74 FR 1170, 01/12/09; correction 74 FR 

3987, 01/22/09). The ASF is an option 

for grantees for the establishment or 

reorganization of general-purpose zones 

and can permit significantly greater 

flexibility in the designation of new 

‘‘usage-driven’’ FTZ sites for operators/ 

users located within a grantee’s ‘‘service 

area’’ in the context of the Board’s 

standard 2,000-acre activation limit for 

a general-purpose zone project. The 

application was submitted pursuant to 

the Foreign-Trade Zones Act, as 

amended (19 U.S.C. 81a–81u), and the 

regulations of the Board (15 CFR Part 

400). It was formally filed on January 

14, 2010. 

The grantee’s proposed service area 

under the ASF would be Ellis County, 

Texas. If approved, the grantee would be 

able to serve sites throughout the service 

area based on companies’ needs for FTZ 

designation. The proposed service area 

is adjacent to the Dallas-Fort Worth 

Customs and Border Protection port of 

entry. 

FTZ 113 was approved by the FTZ 

Board on December 21, 1984 (Board 

Order 283, 50 FR 300, 1/2/85). The 

applicant is requesting to include the 

following current site in the reorganized 

zone as a ‘‘magnet’’ site: Proposed Site 1 

(551 acres)—MidTexas International 

Center, 1500 North Service Road, U.S. 

Highway 67, Midlothian. The applicant 

proposes that Site 1 be exempt from 

‘‘sunset’’ time limits that otherwise 

apply to sites under the ASF. No usagedriven sites are being proposed at this 

time. 

In accordance with the Board’s 

regulations, Camille Evans of the FTZ 

Staff is designated examiner to evaluate 

and analyze the facts and information 

presented in the application and case 

record and to report findings and 

recommendations to the Board. 

Public comment is invited from 

interested parties. Submissions (original 

and 3 copies) shall be addressed to the 

Board’s Executive Secretary at the 

address below. The closing period for 

their receipt is March 23, 2010 Rebuttal 

comments in response to material 

submitted during the foregoing period 

may be submitted during the subsequent 

15-day period (to April 7, 2010). 

A copy of the application will be 

available for public inspection at the 

Office of the Executive Secretary, 

Foreign-Trade Zones Board, Room 2111, 

U.S. Department of Commerce, 1401 

Constitution Avenue, NW., via 

www.trade.gov/ftz. For further 

information, contact Camille Evans at 

Washington, DC 20230–0002, and in the 

‘‘Reading Room’’ section of the Board’s 

Web site, which is accessible 

Camille.Evans@trade.gov or (202) 

482–2350. 

Dated: January 14, 2010. 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. 2010–1241 Filed 1–21–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[Docket 2–2010] 

Foreign-Trade Zone 201—Holyoke, MA; 

Application for Subzone; Yankee 

Candle Corporation (Candles and Gift 

Sets); Whately and South Deerfield, 

MA 

An application has been submitted to 

the Foreign-Trade Zones Board (the 

Board) by the Holyoke Economic 

Development and Industrial 

Corporation, grantee of FTZ 201, 

requesting special-purpose subzone 

status for the candle and gift set 

manufacturing facility of Yankee Candle 

Corporation (Yankee Candle), located in 

Whately and South Deerfield, 

Massachusetts. The application was 

submitted pursuant to the provisions of 

the Foreign-Trade Zones Act, as 


erowe on DSK5CLS3C1PROD with NOTICES