Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Notices 33417 

2(a) or section 2(e)(3). Section 2(a) of the 

Trademark Act, 15 U.S.C. 1052(a), 

prohibits, inter alia, the registration of 

deceptive matter. Section 2(e)(3) of the 

Trademark Act, 15 U.S.C. 1052(e)(3), 

prohibits the registration of primarily 

geographically deceptively 

misdescriptive marks. Each Guide 

reviews and discusses case law 

regarding: (1) The elements of the 

refusal; (2) evidentiary issues with 

respect to the refusal; and (3) 

procedures for issuing refusals. The 

Guides may be found on the Office’s 

Web site at: http://www.uspto.gov/web/ 

offices/tac/notices/notices.htm. 

The purpose of these Guides is to 

promote consistency in examination 

and to provide guidance to examining 

attorneys regarding when deceptiveness 

refusals must be issued. These Guides 

do not constitute substantive 

rulemaking and hence do not have the 

force and effect of law. They have been 

developed as a matter of internal Office 

management and are not intended to 

create any right or benefit, substantive 

or procedural, enforceable by any party 

against the Office. To the extent that 

earlier guidance from the Office, 

including certain sections of the 

Trademark Manual of Examining 

Procedure (TMEP), 5th edition, is 

inconsistent with the guidance set forth 

in the Guides, Office personnel are to 

follow the Guides. The next revision of 

the TMEP will be updated accordingly. 

Any member of the public may 

submit written comments on either or 

both of the Guides. The Office will 

consider any comments received in 

connection with developing future 

examination guidance dealing with the 

subjects of the Guides. Persons 

submitting comments should note that 

the USPTO does not plan to provide a 

response to or analysis of any 

comments, as these Guides are not 

notices of proposed rulemaking. 

Dated: July 6, 2009. 

John J. Doll, 

Acting Under Secretary of Commerce for 

Intellectual Property and Acting Director of 

the United States Patent and Trademark 

Office. 

[FR Doc. E9–16424 Filed 7–10–09; 8:45 am] 

BILLING CODE 3510–16–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Proposed Extension of Approval of 

Information Collection; Comment 

Request-Safety Standard for WalkBehind Power Lawn Mowers 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice. 

SUMMARY: As required by the Paperwork 

Reduction Act (44 U.S.C. Chapter 35), 

the Consumer Product Safety 

Commission (CPSC or Commission) 

requests comments on a proposed 

request for an extension of approval of 

a collection of information from 

manufacturers and importers of walkbehind power lawn mowers. This 

collection of information consists of 

testing and recordkeeping requirements 

in certification regulations 

implementing the Safety Standard for 

Walk-Behind Power Lawn Mowers (16 

CFR Part 1205). The Commission will 

consider all comments received in 

response to this notice before requesting 

an extension of approval of this 

collection of information from the Office 

of Management and Budget (OMB). 

DATES: The Office of the Secretary must 

receive written comments not later than 

September 11, 2009. 

ADDRESSES: Written comments should 

be captioned ‘‘Walk-Behind Power 

Lawn Mowers’’ and sent by e-mail to 

cpsc-os@cpsc.gov. Written comments 

may also be sent to the Office of the 

Secretary by facsimile at (301) 504– 

0127, or by mail to the Office of the 

Secretary, Consumer Product Safety 

Commission, Room 502, 4330 East-West 

Highway, Bethesda, MD 20814. 

FOR FURTHER INFORMATION CONTACT: For 

information about the proposed 

collection of information call or write 

Linda Glatz, Division of Policy and 

Planning, Office of Information 

Technology and Technology Services, 

Consumer Product Safety Commission, 

4330 East-West Highway, Bethesda, MD 

20814; telephone: (301) 504–7671 or by 

e-mail to lglatz@cpsc.gov. 

SUPPLEMENTARY INFORMATION: In 1979, 

the Commission issued the Safety 

Standard for Walk-Behind Power Lawn 

Mowers (16 CFR Part 1205) under 

provisions of the Consumer Product 

Safety Act (CPSA) (15 U.S.C. 2051 et 

seq.) to eliminate or reduce risks of 

amputations, avulsions, lacerations, and 

other serious injuries which have 

resulted from the accidental contact of 

some part of an operator’s body with the 

rotating blade of a power lawn mower. 

The standard contains performance and 

labeling requirements for walk-behind 

power lawn mowers to address risks of 

blade-contact injuries. 

A. Certification Requirements 

Section 14(a) of the CPSA (15 U.S.C. 

2063(a)) requires manufacturers, 

importers, and private labelers of a 

consumer product subject to a consumer 

product safety standard under the CPSA 

or similar rule, ban, standard, or 

regulation under any other act enforced 

by the Commission to issue a certificate 

stating that the product complies with 

all applicable rules, bans, standards or 

regulations. Section 14(a) of the CPSA 

also requires that the certificate of 

compliance must be based on a test of 

each product or upon a reasonable 

testing program and specify each such 

rule, ban, standard or regulation 

applicable to the product. 

Section 14(b) of the CPSA (15 U.S.C. 

2063(b)) authorizes the Commission to 

issue regulations to prescribe a 

reasonable testing program to support 

certificates of compliance with a 

consumer product safety standard under 

the CPSA or similar rule, ban, standard, 

or regulation under any other act 

enforced by the Commission. Section 

16(b) of the CPSA (15 U.S.C. 2065(b)) 

authorizes the Commission to issue 

rules to require that firms ‘‘establish and 

maintain’’ records to permit the 

Commission to determine compliance 

with rules issued under the authority of 

the CPSA. 

The Commission has issued 

regulations prescribing requirements for 

a reasonable testing program to support 

certificates of compliance with the 

standard for walk-behind power mowers 

under the CPSA. These regulations also 

require manufacturers, importers, and 

private labelers of walk-behind power 

mowers to establish and maintain 

records to demonstrate compliance with 

the requirements for testing to support 

certification of compliance. 16 CFR Part 

1205, Subpart B. 

The Commission uses the information 

compiled and maintained by 

manufacturers and importers of walkbehind power mowers to protect 

consumers from risks of injuries 

associated with walk-behind power 

lawn mowers. More specifically, the 

Commission uses this information to 

determine whether the mowers 

produced and imported comply with 

the applicable standard. The 

Commission also uses this information 

to obtain corrective actions if walkbehind power mowers fail to comply 

with the standard in a manner which 

creates a substantial risk of injury to the 

public. 

OMB approved the collection of 

information requirements for walkbehind mowers under control number 

3041–0091. OMB’s most recent 

extension of approval will expire on 

September 30, 2009. The Commission 

proposes to request an extension of 

approval for these collection of 

information requirements. 

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33418 Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Notices 

B. Estimated Burden 

The Commission staff estimates that 

about 20 firms are subject to the testing 

and recordkeeping requirements of the 

certification regulations. The 

Commission staff estimates further that 

the annual testing and recordkeeping 

burden imposed by the regulations on 

each of these firms on average is 

approximately 390 hours if 3 hours are 

expended by each firm over 130 

estimated seasonal production days 

each year. The estimated annual burden 

imposed by the testing and 

recordkeeping requirements on all 

manufacturers and importers of walkbehind power mowers is 7,800 hours. 

In addition, the manufacturer is 

required to include permanent labels 

attached to the lawn mowers. The 

Commission staff estimates an 

additional hour per production day to 

collect the information and place it on 

the label. Accordingly an additional 130 

hours per firm is added to the total 

burden. For the 20 firms, the estimated 

additional burden related to labeling is 

2,600 hours. The estimated total burden 

hours related to testing recordkeeping 

and labeling is 520 hours per firm and 

10,400 hours for the industry. 

Annual testing and recordkeeping 

costs burden is estimated to be $428,064 

based on 7,800 hours × 54.88 (the 

average hourly total compensation for 

U.S. management, professional, and 

related occupations in goods-producing 

industries, Bureau of Labor Statistics, 

September 2008). Annual costs burden 

for labeling is estimated to be $70,564 

based on 2,600 hours × $27.14 (the 

average hourly total compensation for 

sales and office workers in goodsproducing industries, Bureau of Labor 

Statistics, September 2008). The total 

estimated burden costs related to 

testing, recordkeeping, and labeling to 

the industry is $498,626. 

The Commission staff will expend 

approximately one half of one staff 

month reviewing records required to be 

maintained for walk-behind power lawn 

mowers. The annual cost to the Federal 

government of the collection of 

information in these regulations is 

estimated to be $6,920. 

C. Request for Comments 

The Commission solicits written 

comments from all interested persons 

about the proposed collection of 

information. The Commission 

specifically solicits information relevant 

to the following topics: 

—Whether the collection of information 

described above is necessary for the 

proper performance of the 

Commission’s functions, including 

whether the information would have 

practical utility; 

—Whether the estimated burden of the 

proposed collection of information is 

accurate; 

—Whether the quality, utility, and 

clarity of the information to be 

collected could be enhanced; and 

—Whether the burden imposed by the 

collection of information could be 

minimized by use of automated, 

electronic or other technological 

collection techniques, or other forms 

of information technology. 

Dated: July 7, 2009. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. E9–16469 Filed 7–10–09; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket No. DoD–2008–HA–0168] 

Submission for OMB Review; 

Comment Request 

ACTION: Notice. 

The Department of Defense has 

submitted to OMB for clearance, the 

following proposal for collection of 

information under the provisions of the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35). 

DATES: Consideration will be given to all 

comments received by August 12, 2009. 

Title and OMB Number: Prospective 

Department of Defense Studies of U.S. 

Military Forces: The Millennium Cohort 

Study—OMB Control Number 0720– 

0029. 

Type of Request: Extension. 

Number of Respondents: 36,599. 

Responses per Respondent: 1. 

Annual Responses: 36,599. 

Average Burden per Response: 45 

minutes. 

Annual Burden Hours: 27,450. 

Needs and Uses: The Millennium 

Cohort Study responds to recent 

recommendations by Congress and by 

the Institute of Medicine to perform 

investigations that systematically collect 

population-based demographic and 

health data so as to track and evaluate 

the health of military personnel 

throughout the course of their careers 

and after leaving military service. 

Affected Public: Individuals or 

households. 

Frequency: On occasion. 

Respondent’s Obligation: Voluntary. 

OMB Desk Officer: Mr. John Kraemer. 

Written comments and 

recommendations on the proposed 

information collection should be sent to 

Mr. Kraemer at the Office of 

Management and Budget, Desk Officer 

for DoD, Room 10236, New Executive 

Office Building, Washington, DC 20503. 

You may also submit comments, 

identified by docket number and title, 

by the following method: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Instructions: All submissions received 

must include the agency name, docket 

number and title for this Federal 

Register document. The general policy 

for comments and other submissions 

from members of the public is to make 

these submissions available for public 

viewing on the Internet at http:// 

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

DOD Clearance Officer: Ms. Patricia 

Toppings. 

Written requests for copies of the 

information collection proposal should 

be sent to Ms. Toppings at WHS/ESD/ 

Information Management Division, 1777 

North Kent Street, RPN, Suite 11000, 

Arlington, VA 22209–2133. 

Dated: June 30, 2009. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. E9–16489 Filed 7–10–09; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF EDUCATION 

Office of Special Education and 

Rehabilitative Services; Overview 

Information; Technical Assistance and 

Dissemination To Improve Services 

and Results for Children With 

Disabilities—Model Demonstration 

Projects on Tiered Approaches for 

Improving the Writing Proficiency of 

High School Students; Notice Inviting 

Applications for New Awards for Fiscal 

Year (FY) 2009 

Catalog of Federal Domestic 

Assistance (CFDA) Number: 84.326M. 

DATES: 

Applications Available: July 13, 2009. 

Deadline for Transmittal of 

Applications: August 12, 2009. 

Deadline for Intergovernmental 

Review: August 24, 2009. 

Full Text of Announcement 

I. Funding Opportunity Description 

Purpose of Program: The purpose of 

the Technical Assistance and 

Dissemination to Improve Services and 

Results for Children with Disabilities 

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