Tafas v. Dudas et al

Filing 263

REPLY to Response to Motion re 135 MOTION for Summary Judgment Plaintiff Tafas's Reply in Response to USPTO's Opposition to Tafas's Motion for Summary Judgment filed by Triantafyllos Tafas. (Attachments: # 1 Exhibit Ex 1 to Tafas Reply in Support of Mot. for Summ. J.# 2 Exhibit Ex 2 to Tafas Reply in Support of Mot. for Summ. J.# 3 Exhibit Ex 3 to Tafas Reply in Support of Mot. for Summ. J.# 4 Exhibit Ex 4 to Tafas Reply in Support of Mot. for Summ. J.# 5 Exhibit Ex 5 to Tafas Reply in Support of Mot. for Summ. J.# 6 Exhibit Ex 6 to Tafas Reply in Support of Mot. for Summ. J.)(Wilson, Joseph)

Tafas v. Dudas et al

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EXHIBIT 5

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upporting Statement must be completed. OMB reserves the right to require the submission of additional information Case 1:07-cv-00846-JCC-TRJ with respect to any request for approval.

Specific Instructions
A. Justification 1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information. 2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection. 3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden. 4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above. 5. If the collection of information impacts small businesses or other small entities (Item 5 of OMB Form 83-I), describe any methods used to minimize burden. 6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden. 7. Explain any special circumstances that would cause an information collection to be conducted in a manner: * requiring respondents to report information to the agency more often than quarterly; * requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it; * requiring respondents to submit more than an original and two copies of any document;

o obtain information on which to base hour burden upported by authority established in statute or estimates. Consultation with a sample (fewer than regulation, that is not supported by disclosure and data Document 263-6 with the pledge, or Page 2 of desirable. If the hour 10) of security policies that are consistent Filed 02/01/2008 potential respondents is9 burden on respondents is expected to vary widely which unnecessarily impedes sharing of data with other becauseaofons concerning thesize, or regul ti differences in activity, payment of reduced patent fees by small entities are at agencies for compatible confidential use; or complexity, show the range ofand reduced patent fees for small entity applicants are shown in 37 CFR 1.27 and 1.28, estimated hour * requiring respondents to submit proprietary trade burden, and 1.16, 1.17,reasons for the variance. 37 CFR explain the 1.18 and 1.20. secrets, or other confidential information unless the Generally, estimates should not include burden agency can demonstrate that it has instituted 6. Consequences of Less practices. hours for customary and usual businessFrequent Collection procedures to protect the information's confidentiality to * If this request for approval covers more than one the extent permitted by law. This information is collected only for form, provide separate hour burden estimatesas required to process a patent application or enforceable patent, and burdens in Item each form and aggregate the houris not collected elsewhere. Therefore, this collection of 8. If applicable, provide a copy and identify the date information could not be conducted less frequently. If this information were not 13 of OMB Form 83-I. and page number of publication in the Federal Register collected, the USPTO would not be able to comply with the patent statute 35 U.S.C. § * Provide estimates of annualized cost to of the agency's notice, required by 5 CFR 1320.8(d), 131. respondents for the hour burdens for collections of soliciting comments on the information collection prior information, identifying and using appropriate wage to submission to OMB. Summarize public comments 7. Special Circumstances in the Conduct of Information Collection rate categories. The cost of contracting out or paying received in response to that notice and describe actions outside partiesno special circumstances associated with this collection of information. There are for information collection activities taken by the agency in response to these comments. should not be included here. Instead, this cost Specifically address comments received on cost and should be Consultation 13. included in Item Outside the Agency 8. hour burden. Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported. Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years - even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained. 9. Explain any decision to provide any payment or gift to respondents, other than reenumeration of contractors or grantees. 10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy. 11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information

OMB's instructions to agencies in its Paperwork Reduction Act Submission form OMB 83-I (2004), at http://www.whitehouse.gov/omb/inforeg/83i-fill.pdf

The 60-Day Notice was published in 13. Provide an estimate for the total annual costthe Federal Register on May 30, 2006 (71 Fed Reg. 103). The or recordkeepers resulting burden to respondentscomment period ended on July 31, 2006. No public comments were received. from the collection of information. (Do not include the cost of any hour burden shown in Items 12 and The USPTO has long-standing relationships with groups from whom patent application 14). data is collected, such as the American Intellectual Property Law Association (AIPLA), * The cost estimate should be split into two as well as patent bar associations, inventor groups, and users of our public facilities. components: (a) a total capital and start-up cost Their views are expressed in regularly scheduled meetings and considered in component (annualized over its expected useful collection requirements. There have been no developing proposals for information life) and (b) a total operation and maintenance andby these or similar organizations concerning the time comments or concerns expressed purchase of services component. The estimates required to provide the information required under this program. should take into account costs associated with generating, maintaining, and disclosing or providing 9. Payment or Gifts to Respondents the information. Include descriptions of methods This estimate major cost factors including system used to information collection does not involve a payment or gift to any respondent. and technology acquisition, expected useful life of 10. Assurance of Confidentiality capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and Confidentiality of patent applications is governed by 35 U.S.C. § 122 and 37 CFR 1.14. start-up costs include, among other items, Upon publication of an application or issuance of an application as a patent, the entire preparations for collecting information such as file contents of the application are available to the public (subject to the provisions for purchasing computersredacted copy of the filed contents). The disclosure of the invention in providing only a and software; monitoring, sampling, drilling and testingquid pro quo for the property right conferred by the patent grant, the application is the equipment; and record storage the very means by which the patent statute achieves its constitutional objective of and facilities. * If"promot[ing] the progress of vary widely, useful arts." The prosecution history contained cost estimates are expected to science and agencies should present ranges of costto determining the scope of the property right conferred in the application file is critical burdens and explain the reasons for the variance. The cost of by a patent grant. purchasing or contracting out information collections services should be a part of this cost burden estimate. In developing cost burden estimates, Page may of USPTO's of respondents agencies 11 consult with a sampleSupporting Statement, Sep-26-07 ICR. 11 (fewer than 10), utilize the 60-day pre-OMB the adherence to OMB's template and (Emphasis supplied). Note submission public comment process and use

the specific matching paragraphs in response. USPTO's statement that "There have been no comments or concerns expressed" are responsive to the second paragraph of Subsection 8, not the first.
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PA PERW O RK REDUCTION A C T SUBM I S SI O N

Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement, and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW, Washington, DC 20503.
1. Agency/Subagency originating request 2 . OM B control nu m b e r a. 3. Type of information collection (check one) a. N e w collection b. R e v i s i o n of a currently approved collection c. Extension, without change, of a currently approved collection d. R e i n s t a te m e n t , without change, of a previously approved collection for which approval has expired e. R e i n s t a t e m e n t , with change, of a previously approved collection for which approval has expired f. Existing collection in use without an OMB control number 3a. Public C omm ents Has the agency received public comments on this information collection? Yes 7. Title No

-

b.

None

4. Type of review requested (check one) a. Regular b. Em ergency - A pproval reque sted by: c. Delegated

/

/

5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? Yes No

6. Requ e s t e d expiration d a t e a. Three years from approval date

b.

Other Specify:

/

8. Agenc y form num ber(s) (if applicable)

9. Keywords

10. Abstract

11. Affected public (Mark primary with "P" and all others that apply with "X") a. b. c. Individuals or households Bus i n e s s or othe r for-pro f i t Not-for-profit institutions d. e. f. F a rm s Federal Government State, Local or T ribal Govern men t

12. Obligation to respond (Mark primary with "P" and all others that apply with "X") a. b. c. Voluntary Required to obtain or retain bene f i t s Mand atory

13. Annual reporting and recordkeeping hour burden a. Num b e r of respond ents b. Total annual responses 1.Percentage of these responses
c o l l e c t e d electronically
c. Total annual hours requested d. Current O M B inventory e. Difference f. Explanation of difference 1. Program change 2. Adjustment 15. Purpose of information collection others that apply with "X")
Application for be nefits a. Program evaluation b. c. General purpose statistics d. Aud it

%

14. Annual reporting and recordkeeping cost burden (in thousands of dollars) a. Total annualized capital/startup costs b . T o ta l a nn ua l c os ts (O & M )
c . Total annualized cost requested
d. Current O M B inventory e. Difference f. Explanation of difference 1. Program change 2. Adjustment

(M a r k prim a r y with "P " an d all e. f. g. Program planning or management Research Regulatory or compliance

16. Frequency of recordkeeping or reporting (check all that apply)
Reco rdkeeping b. Third party disc l o s u r e a. Reporting c. Mo n t h l y 1. On occ asion 2. Wee kly 3. S e m i-annually 6. Ann u a l l y 4. Quarterly 5. 7. Biennially 8. Other (de s c r i b e ) 18. Agen cy contact (person who can bes t ans w e r qu e s t i o n s reg ard i n g the c o n t e n t of this submission) Nam e :

17. Statistical methods Does this information collection employ statistical methods? Yes No

Phone:

OMB 83-I

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19. Certification for Paperwork Reduction Act Submissions

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9.

Note:

The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8(b)(3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers: (a) It is necessary for the proper performance of agency functions; (b) It avoids unnecessary duplication; (c) It reduces burden on small entities; (d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents; (e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices; (f) It indicates the retention period for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8(b)(3): (i) (ii) (iii) (iv) (v) (vi) Why the information is being collected; Use of information; Burden estimate; Nature of response (voluntary, required for a benefit, or mandatory); Nature and extent of confidentiality; and Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective
management and use of the information to be collected (see note in Item 19 of the instructions);
(i) (j) It uses effective and efficient statistical survey methodology; and It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Senior Official or designee

Date

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Please answer all questions and have the Senior Official or designee sign the form. These instructions should be used in conjunction with 5 CFR 1320, which provides information on coverage, definitions, and other matters of procedure and interpretation under the Paperwork Reduction Act of 1995. 1. Agency/Subagency originating request Provide the name of the agency or subagency originating the request. For most cabinet-level agencies, a subagency designation is also necessary. For non-cabinet agencies, the subagency designation is generally unnecessary. 2. OMB control number a. If the information collection in this request has previously received or now has an OMB control or comment number, enter the number. b. Check "None" if the information collection in this request has not previously received an OMB control number. Enter the four digit agency code for your agency. 3. Type of information collection (check one) a. Check "New collection" when the collection has not previously been used or sponsored by the agency. b. Check "Revision" when the collection is currently approved by OMB, and the agency request includes a material change to the collection instrument, instructions, its frequency of collection, or the use to which the information is to be put. c. Check "Extension" when the collection is currently approved by OMB, and the agency wishes only to extend the approval past the current expiration date without making any material change in the collection instrument, instructions, frequency of collection, or the use to which the information is to be put. d. Check "Reinstatement without change" when the collection previously had OMB approval, but the approval has expired or was withdrawn before this submission was made, and there is no change to the collection. e. Check "Reinstatement with change" when the collection previously had OMB approval, but the approval has expired or was withdrawn before this submission was made, and there is change to the collection. f. Check "Existing collection in use without OMB control number" when the collection is currently in use but does not have a currently valid OMB control number. 4. Type of review requested (check one) a. Check "Regular" when the collection is submitted under 5 CFR 1320.10, 1320.11, or 1320.12 with a standard 60 day review schedule. b. Check "Emergency" when the agency is submitting the request under 5 CFR 1320.13 for emergency processing and provides the required supporting material. Provide the date by which the agency requests approval. c. Check "Delegated" when the agency is submitting the collection under the conditions OMB has granted the agency delegated authority.

Instructions For Completing OMB Form 83-I
5. Small entities Indicate whether this information collection will have a significant impact on a substantial number of small entities. A small entity may be (1) a small business which is deemed to be one that is independently owned and operated and that is not dominant in its field of operation; (2) a small organization that is any not-for-profit enterprise that is independently owned and operated and is not dominant in its field; or (3) a small government jurisdiction which is a government of a city, county, town, township, school district, or special district with a population of less than 50,000. 6. Requested expiration date a. Check "Three years" if the agency requests a three year approval for the collection. b. Check "Other" if the agency requests approval for less than three years. Specify the month and year of the requested expiration date. 7. Title Provide the official title of the information collection. If an official title does not exist, provide a description which will distinguish this collection from others. 8. Agency form number(s) (if applicable) Provide any form number the agency has assigned to this collection of information. Separate each form number with a comma. 9. Keywords Select and list at least two keywords (descriptors) from the "Federal Register Thesaurus of Indexing Terms" that describe the subject area(s) of the information collection. Other terms may be used but should be listed after those selected from the thesaurus. Separate keywords with commas. Keywords should not exceed two lines of text. 10. Abstract Provide a statement, limited to five lines of text, covering the agency's need for the information, uses to which it will be put, and a brief description of the respondents. 11. Affected public Mark all categories that apply, denoting the primary public with a "P" and all others that apply with "X." 12. Obligation to respond Mark all categories that apply, denoting the primary obligation with a "P" and all others that apply with "X." a. Mark "Voluntary" when the response is entirely discretionary and has no direct effect on any benefit or privilege for the respondent. b. Mark "Required to obtain or retain benefits" when the response is elective, but is required to obtain or retain a benefit. c. Mark "Mandatory" when the respondent must reply or face civil or criminal sanctions.

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13. Annual reporting and recordkeeping hour burden a. Enter the number of respondents and/or recordkeepers. If a respondent is also a recordkeeper, report the respondent only once. b. Enter the number of responses provided annually. For recordkeeping as compared to reporting activity, the number of responses equals the number of recordkeepers. b1. Enter the estimated percentage of responses that will be submitted/collected electronically using magnetic media (i.e., diskette), electronic mail, or electronic data interchange. Facsimile is not considered an electronic submission. c. Enter the total annual recordkeeping and reporting hour burden. d. Enter the burden hours currently approved by OMB for this collection of information. Enter zero (0) for any new submission or for any collection whose OMB approval has expired. e. Enter the difference by subtracting line d from line c. Record a negative number (d larger than c) within parentheses. f. Explain the difference. The difference in line e must be accounted for in lines f.1. and f.2. f.1. "Program change" is the result of deliberate Federal government action. All new collections and any subsequent revision of existing collections (e.g., the addition or deletion of questions) are recorded as program changes. f.2. "Adjustment" is a change that is not the result of a deliberate Federal government action. Changes resulting from new estimates or action not controllable by the Federal government are recorded as adjustments. 14. Annual reporting and recordkeeping cost burden (in thousands of dollars) The costs identified in this item must exclude the cost of hour burden identified in Item 13. a. Enter the total dollar amount of annualized cost for all respondents of any associated capital or start-up costs. b. Enter recurring annual dollar amount of cost for all respondents associated with operating or maintaining systems or purchasing services. c. Enter total (14.a. + 14.b.) annual reporting and recordkeeping cost burden. d. Enter any cost burden currently approved by OMB for this collection of information. Enter zero (0) if this is the first submission after October 1, 1995. e. Enter the difference by subtracting line d from line c. Record a negative number (d larger than c) within parenthesis. f. Explain the difference. The difference in line e must be accounted for in lines f.1. and f.2. f.1. "Program change" is the result of deliberate Federal government action. All new collections and any subsequent revisions or changes resulting in cost changes are recorded as program changes.

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f.2. "Adjustment" is a change that is not the result of a deliberate Federal government action. Changes resulting from new estimations or actions not controllable by the Federal government are recorded as adjustments. 15. Purpose of information collection Mark all categories that apply, denoting the primary purpose with a "P" and all others that apply with "X." a. Mark "Application for benefits" when the purpose is to participate in, receive, or qualify for a grant, financial assistance, etc., from a Federal agency or program. b. Mark "Program evaluation" when the purpose is a formal assessment, through objective measures and systematic analysis, of the manner and extent to which Federal programs achieve their objectives or produce other significant effects. c. Mark "General purpose statistics" when the data is collected chiefly for use by the public or for general government use without primary reference to the policy or program operations of the agency collecting the data. d. Mark "Audit" when the purpose is to verify the accuracy of accounts and records. e. Mark "Program planning or management" when the purpose relates to progress reporting, financial reporting and grants management, procurement and quality control, or other administrative information that does not fit into any other category.

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f. Mark "Research" when the purpose is to further the course of research, rather than for a specific program purpose. g. Mark "Regulatory or compliance" when the purpose is to measure compliance with laws or regulations. 16. Frequency of recordkeeping or reporting Check "Recordkeeping" if the collection of information explicitly includes a recordkeeping requirement. Check "Third party disclosure" if a collection of information includes third-party disclosure requirements as defined by 1320.3(c). Check "Reporting" for information collections that involve reporting and check the frequency of reporting that is requested or required of a respondent. If the reporting is on "an event" basis, check "On occasion." 17. Statistical methods Check "Yes" if the information collection uses statistical methods such as sampling or imputation. Generally, check "No" for applications and audits (unless a random auditing scheme is used). Check "Yes" for statistical collections, most research collections, and program evaluations using scientific methods. For other types of data collection, the use of sampling, imputation, or other statistical estimation techniques should dictate the response for this item. Ensure that supporting documentation is provided in accordance with Section B of the Supporting Statement.

18. Agency contact
Provide the name and telephone number of the agency
person best able to answer questions regarding the
content of this submission.
19. Certification for Paperwork Reduction Act Submissions The Senior Official or designee signing this statement certifies that the collection of information encompassed by the request complies with 5 CFR 1320.9. Provisions of this certification that the agency cannot comply with should be identified here and fully explained in item 18 of the attached Supporting Statement. NOTE: The Office that "develops" and "uses" the information to be collected is the office that "conducts or sponsors" the collection of information. (See 5 CFR 1320.3(d)).

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5 CFR 1320.9 reads "As part of the agency submission to OMB of a proposed collection of information, the agency (through the head of the agency, the Senior Official, or their designee) shall certify (and provide a record supporting such certification) that the proposed collection of information- "(a) is necessary for the proper performance of the functions of the agency, including that the information to be collected will have practical utility; "(b) is not unnecessarily duplicative of information otherwise reasonably accessible to the agency; "(c) reduces to the extent practicable and appropriate the burden on persons who shall provide information to or for the agency, including with respect to small entities, as defined in the Regulatory Flexibility Act (5 U.S.C. § 601(6)), the use of such techniques as: "(1) establishing differing compliance or reporting requirements or timetables that take into account the resources available to those who are to respond; "(2) the clarification, consolidation, or simplification of compliance and reporting requirements; or collections of infor mation, or any part thereof; "(3) an exemption from coverage of the collection of information, or any part thereof; "(d) is written using plain, coherent, and unambiguous terminology and is understandable to those who are to respond; "(e) is to be implemented in ways consistent and compatible, to the maximum extent practicable, with the existing reporting and recordkeeping practices of those who are to respond; "(f) indicates for each recordkeeping requirement the length of time persons are required to maintain the records specified; "(g) informs potential respondents of the information called for under §1320.8(b)(3); [see below] "(h) has been developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected, including the processing of the information in a manner which shall enhance, where appropriate, the utility of the information to agencies and the public; "(i) uses effective and efficient statistical survey methodology appropriate to the purpose for which the information is to be collected; and "(j) to the maximum extent practicable, uses appropriate information technology to reduce burden and improve data quality, agency efficiency and responsiveness to the public." NOTE: 5 CFR 1320.8(b)(3) requires that each collection of information: "(3) informs and provides reasonable notice to the potential persons to whom the collection of information is addressed of: "(i) the reasons the information is planned to be and/or has been collected; "(ii) the way such information is planned to be and/or has been used to further the proper performance of the functions of the agency; "(iii) an estimate, to the extent practicable, of the average burden of the collection (together with a request that the public direct to the agency any comments concerning the accuracy of this burden estimate and any suggestions for reducing this burden); "(iv) whether responses to the collection of information are voluntary, require to obtain or retain a benefit (citing authority) or mandatory (citing authority); "(v) the nature and extent of confidentiality to be provided, if any (citing authority); and "(vi) the fact that an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number."

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Case 1:07-cv-00846-JCC-TRJ for Paperwork Reduction Act Submissions Filed 02/01/2008 Supporting Statement Document 263-6
General Instructions
A Supporting Statement, including the text of the notice to the public required by 5 CFR 1320.5(a)(i)(iv) and its actual or estimated date of publication in the Federal Register, must accompany each request for approval of a collection of information. The Supporting Statement must be prepared in the format described below, and must contain the information specified in Section A below. If an item is not applicable, provide a brief explanation. When Item 17 of the OMB Form 83-I is checked "Yes", Section B of the Supporting Statement must be completed. OMB reserves the right to require the submission of additional information with respect to any request for approval. * requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records, for more than three years; * in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study; * requiring the use of a statistical data classification that has not been reviewed and approved by OMB; * that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or * requiring respondents to submit proprietary trade secrets, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law. 8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden. Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported. Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years - even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained. 9. Explain any decision to provide any payment or gift to respondents, other than reenumeration of contractors or grantees. 10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy. 11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information

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is requested, and any steps to be taken to obtain their consent. 12. Provide estimates of the hour burden of the collection of information. The statement should: * Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices. * If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens in Item 13 of OMB Form 83-I. * Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included in Item 13. 13. Provide an estimate for the total annual cost burden to respondents or recordkeepers resulting from the collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14). * The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life) and (b) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities. * If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collections services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use

Specific Instructions
A. Justification 1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information. 2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection. 3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden. 4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above. 5. If the collection of information impacts small businesses or other small entities (Item 5 of OMB Form 83-I), describe any methods used to minimize burden. 6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden. 7. Explain any special circumstances that would cause an information collection to be conducted in a manner: * requiring respondents to report information to the agency more often than quarterly; * requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it; * requiring respondents to submit more than an original and two copies of any document;

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existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate. * Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.

Case 1:07-cv-00846-JCC-TRJ

Document 263-6

Filed 02/01/2008

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate. 18. Explain each exception to the certification statement identified in Item 19, "Certification for Paperwork Reduction Act Submissions," of OMB Form 83-I. B. Collections of Information Employing Statistical Methods The agency should be prepared to justify its decision not to use statistical methods in any case where such methods might reduce burden or improve accuracy of results. When Item 17 on the Form OMB 83-I is checked, "Yes," the following documentation should be included in the Supporting Statement to the extend that it applies to the methods proposed:

2. Describe the procedures for the collection of information including: * Statistical methodology for stratification and sample selection, * Estimation procedure, * Degree of accuracy needed for the purpose described in the justification, * Unusual problems requiring specialized sampling procedures, and * Any use of periodic (less frequent than annual) data collection cycles to reduce burden. 3. Describe methods to maximize response rates and to deal with issues of non-response. The accuracy and reliability of information collected must be shown to be adequate for intended uses. For collections based on sampling, a special justification must be provided for any collection that will not yield "reliable" data that can be generalized to the universe studied. 4. Describe any tests of procedures or methods to be undertaken. Testing is encouraged as an effective means of refining collections of information to minimize burden and improve utility. Tests must be approved if they call for answers to identical questions from 10 or more respondents. A proposed test or set of test may be submitted for approval separately or in combination with the main collection of information. 5. Provide the name and telephone number of individuals consulted on statistical aspects of the design and the name of the agency unit, contractor(s), grantee(s), or other person(s) who will actually collect and/or analyze the information for the agency.

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14. Provide estimates of annualized costs to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies may also aggregate cost estimates from Items 12, 13, and 14 in a single table. 15. Explain the reasons for any program changes or adjustments reported in Items 13 or 14 of the OMB Form 83-I. 16. For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

1. Describe (including a numerical estimate) the potential respondent universe and any sampling or other respondent selection methods to be used. Data on the number of entities (e.g., establishments, State and local government units, households, or persons) in the universe covered by the collection and in the corresponding sample are to be provided in tabular form for the universe as a whole and for each of the strata in the proposed sample. Indicate expected response rates for the collection as a whole. If the collection had been conducted previously, include the actual response rate achieved during the last collection.

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