Federal Register Notice

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

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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.

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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
[email protected]. 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 [email protected].
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

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33417

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

mstockstill on DSKH9S0YB1PROD with 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

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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

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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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