Submission for OMB Review; Comment Request for Unmodified Qualified Trust Model Certificates and Model Trust Documents, 31471-31472 [05-10822]
Download as PDF
Federal Register / Vol. 70, No. 104 / Wednesday, June 1, 2005 / Notices
Board of Governors of the Federal
Reserve System, May 25, 2005.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. 05–10794 Filed 5–31–05; 8:45 am]
BILLING CODE 6210–01–P
OFFICE OF GOVERNMENT ETHICS
Submission for OMB Review;
Comment Request for Unmodified
Qualified Trust Model Certificates and
Model Trust Documents
AGENCY:
Office of Government Ethics
(OGE).
ACTION:
Notice.
SUMMARY: The Office of Government
Ethics has submitted the executive
branch qualified trust model certificates
and model trust documents to the Office
of Management and Budget (OMB) for
review and two-year extension of
approval under the Paperwork
Reduction Act. A total of twelve OGE
model certificates and model documents
for qualified trusts are involved. OGE is
proposing no changes to these forms.
DATES: Comments by the public and
agencies on this information collection,
as proposed with no modifications,
should be received by July 1, 2005.
ADDRESSES: Comments should be sent to
Brenda Aguilar, Office of Information
and Regulatory Affairs, Office of
Management and Budget, New
Executive Office Building, Room 10235,
Washington, DC 20503; Telephone:
202–395–6929; FAX: 202–395–6974; Email: brenda_aguilar@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT:
Mary T. Donovan at the U.S. Office of
Government Ethics; Telephone: 202–
482–9232; TDD: 202–482–9293; FAX:
202–482–9237; E-mail:
mtdonova@oge.gov. Copies of the
executive branch qualified trust model
certificates and documents may be
obtained, without charge, by contacting
Ms. Donovan.
SUPPLEMENTARY INFORMATION: The Office
of Government Ethics has submitted
unmodified versions of all twelve
qualified trust certificates and model
documents for a two-year extension of
approval by OMB under the Paperwork
Reduction Act (44 U.S.C. chapter 35).
The twelve documents, all included
under OMB paperwork control number
3209–0007, are scheduled to expire at
the end of June 2005.
On January 7, 2005, OGE issued its
first round Federal Register notice to
announce its forthcoming request to
OMB for paperwork renewal of the
unmodified qualified trust model
VerDate jul<14>2003
16:22 May 30, 2005
Jkt 205001
certificates and model trust documents.
See 70 FR 1444–1446, with comments
due by March 23, 2005. (OGE did not
receive any comments or requests for
copies of the unmodified qualified trust
model certificates and model trust
documents.) In that notice, and this one,
OGE has proposed no changes to the
qualified trust model documents at this
time. In late 2006, OGE anticipates
modifying some or all of these
information collections by re-writing
them in plain English to make them
easier to understand.
In 2003, OGE updated the OGE/
GOVT–1 system of records notice
(covering SF 278 Public Financial
Disclosure Reports and other nameretrieved ethics program records),
including the addition of the three new
routine uses. As a result, the Privacy Act
Statement on each of the trust
documents, which include paraphrases
of the routine uses, is affected. OGE has
not incorporated this revision into the
trust documents at this time, since a
more thorough revision of the trust
documents is planned in the next year
or two. However, upon distribution of
the trust documents, OGE will inform
users of the revision to the Privacy Act
Statement. OGE has included a
summary of the changes relevant to the
trust documents in its paperwork
clearance submission to OMB.
OGE is the supervising ethics office
for the executive branch of the Federal
Government under the Ethics in
Government Act of 1978 (Ethics Act).
Presidential nominees to executive
branch positions subject to Senate
confirmation and any other executive
branch officials may seek OGE approval
for Ethics Act qualified blind or
diversified trusts to be used to avoid
conflicts of interest.
OGE is the sponsoring agency for the
model certificates and model trust
documents for qualified blind and
diversified trusts of executive branch
officials set up under section 102(f) of
the Ethics Act, 5 U.S.C. app. § 102(f),
and OGE’s implementing financial
disclosure regulations at subpart D of 5
CFR part 2634. The various model
certificates and model trust documents
are utilized by OGE and settlors,
trustees and other fiduciaries in
establishing and administering these
qualified trusts.
There are two categories of
information collection requirements
which OGE plans to submit, each with
its own related reporting model
certificates or model trust documents
which are subject to paperwork review
and approval by OMB. The OGE
regulatory citations for these two
categories, together with identification
PO 00000
Frm 00061
Fmt 4703
Sfmt 4703
31471
of the forms used for their
implementation, are as follows:
i. Qualified trust certifications—5 CFR
2634.401(d)(2), 2634.403(b)(11),
2634.404(c)(11), 2634.406(a)(3) & (b),
2634.408, 2634.409 and appendixes A &
B to part 2634 (the two implementing
forms, the Certificate of Independence
and Certificate of Compliance, are
codified respectively in the cited
appendixes; see also the Privacy Act
and Paperwork Reduction Act notices
thereto in appendix C); and
ii. Qualified trust communications
and model provisions and agreements—
5 CFR 2634.401(c)(1)(i) & (d)(2),
2634.403(b), 2634.404(c), 2634.408 and
2634.409 (the ten implementing forms
are the: (A) Blind Trust
Communications (Expedited Procedure
for Securing Approval of Proposed
Communications); (B) Model Qualified
Blind Trust Provisions; (C) Model
Qualified Diversified Trust Provisions;
(D) Model Qualified Blind Trust
Provisions (For Use in the Case of
Multiple Fiduciaries); (E) Model
Qualified Blind Trust Provisions (For
Use in the Case of an Irrevocable PreExisting Trust); (F) Model Qualified
Diversified Trust Provisions (Hybrid
Version); (G) Model Qualified
Diversified Trust Provisions (For Use in
the Case of Multiple Fiduciaries); (H)
Model Qualified Diversified Trust
Provisions (For Use in the Case of an
Irrevocable Pre-Existing Trust); (I)
Model Confidentiality Agreement
Provisions (For Use in the Case of a
Privately Owned Business); and (J)
Model Confidentiality Agreement
Provisions (For Use in the Case of
Investment Management Activities)).
The communications formats and the
confidentiality agreements (items ii (A),
(I) and (J) above) would not be available
to the public because they contain
sensitive, confidential information. All
the other completed model trust
certificates and model trust documents
(except for any trust provisions that
relate to the testamentary disposition of
trust assets) are publicly available based
upon a proper Ethics Act request (via an
OGE Form 201).
The hour burden listed below is based
on the amount of time imposed on a
trust administrator or private
representative. The detailed paperwork
estimates below for the various trust
certificates and model documents (an
estimated total of 46 per year, down 248
from the prior three-year period) are
based primarily on OGE’s experience
with administration of the qualified
trust program.
i. Trust Certificates:
A. Certificate of Independence: Total
filers (executive branch): 5; Private
E:\FR\FM\01JNN1.SGM
01JNN1
31472
Federal Register / Vol. 70, No. 104 / Wednesday, June 1, 2005 / Notices
citizen filers (100%): 5; OGE-processed
certificates (private citizens): 5; private
citizen burden hours (20 minutes/
certificate): 2.
B. Certificate of Compliance: Total
filers (executive branch): 10; Private
citizen filers (100%): 10; OGE-processed
certificates (private citizens): 10; private
citizen burden hours (20 minutes/
certificate): 3; and
ii. Model Qualified Trust Documents:
A. Blind Trust Communications: Total
Users (executive branch): 5; Private
citizen users (100%): 5; OGE-processed
documents (private citizens): 25 (based
on an average of five communications
per user, per year); private citizen
burden hours (20 minutes/
communication): 8.
B. Model Qualified Blind Trust: Total
Users (executive branch): 2; Private
citizen users (100%): 2; OGE-processed
models (private citizens): 2; private
citizen burden hours (100 hours/model):
200.
C. Model Qualified Diversified Trust:
Total users (executive branch): 1;
Private citizen users (100%): 1; OGEprocessed models (private citizens): 1;
private citizen burden hours (100 hours/
model): 100.
D.–H. Of the five remaining model
qualified trust documents: Total users
(executive branch): 2; Private citizen
users (100%): 2; OGE-processed models
(private citizens): 2; private citizen
burden hours (100 hours/model): 200.
I.–J. Of the two model confidentiality
agreements: Total users (executive
branch): 1; Private citizen users (100%):
1; OGE-processed agreements (private
citizens): 1; private citizen burden hours
(50 hours/agreement): 50.
The total annual reporting hour
burden, however, is zero (a change from
the 563 hours estimate in the first round
Federal Register notice and the 3,785
hours from the prior three-year period).
After consultation with OMB, OGE has
reexamined its estimating methodology
to reflect the fact that all respondents
hire private trust administrators or other
private representatives to set up and
maintain the qualified blind and
diversified trusts. Respondents
themselves, typically incoming private
citizen Presidential nominees, incur no
hour burden.
The new estimated total annual cost
burden to respondents resulting from
the collection of information is
$1,000,000. Those who use the model
documents for guidance are private trust
administrators or other private
representatives hired to set up and
maintain the qualified blind and
diversified trusts of executive branch
officials who seek to establish qualified
trusts. The cost burden figure is based
VerDate jul<14>2003
16:22 May 30, 2005
Jkt 205001
primarily on OGE’s knowledge of the
typical trust administrator fee structure
(an average of 1 percent of total assets)
and OGE’s experience with
administration of the qualified trust
program. The $1,000,000 annual cost
figure is based on OGE’s estimate of five
active trusts anticipated to be under
administration each year with combined
total assets of $100,000,000. However,
OGE notes that the $1,000,000 figure is
a cost estimate for the overall
administration of the trusts, only a
portion of which relates to information
collection and reporting. For want of a
precise way to break out the costs
directly associated with information
collection, OGE is reporting to OMB the
full $1,000,000 estimate for paperwork
clearance purposes.
In this second round notice, public
comment is again invited on each aspect
of the model qualified trust certificates
and model trust documents, and
underlying regulatory provisions, as set
forth in this notice, including specific
views on the need for and practical
utility of this set of collections of
information, the accuracy of OGE’s
burden estimate, the potential for
enhancement of quality, utility and
clarity of the information collected, and
the minimization of burden (including
the use of information technology). The
Office of Government Ethics, in
consultation with OMB, will consider
all comments received, which will
become a matter of public record.
Approved: May 24, 2005.
Marilyn L. Glynn,
Acting Director, Office of Government Ethics.
[FR Doc. 05–10822 Filed 5–31–05; 8:45 am]
BILLING CODE 6345–02–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
Epidemiologic HIV/AIDS Research
Among African American and Hispanic
Women at Risk for HIV Infection in the
Southern United States and Puerto
Rico
Announcement Type: New
Cooperative Agreement.
Funding Opportunity Number: PS05–
107.
Catalog of Federal Domestic
Assistance Number: 93.943.
Key Dates:
Letter of Intent Deadline: July 1, 2005.
Application Deadline: July 18, 2005.
PO 00000
Frm 00062
Fmt 4703
Sfmt 4703
I. Funding Opportunity Description
Authority: Public Health Service Act,
Section 317(k)(2) (42 U.S.C. Section
247b(k)(2) as amended.
Background: Since the beginning of
the AIDS epidemic, most of the persons
identified to be at risk for HIV–1
infection in the United States have been
men who have sex with men or
injection drug users. However, over the
past 15 years, the HIV infection rate
among women at heterosexual risk has
steadily increased. In 2002, surveillance
data demonstrated that heterosexual
transmission accounted for most of the
AIDS cases reported among U.S.
women, particularly affecting women of
color in the Southern United States. The
rate of AIDS diagnoses among African
American women is 48.6 per 100,000
and among those aged 25–44 years,
AIDS is the second most frequent cause
of death. Hispanic women of the same
age group have the second highest
mortality rate from AIDS. Limited
research data suggest that the character
and dynamics of women’s sexual
relationships may be important
determinants of risk, both for engaging
in risk behaviors and for doing so with
high-risk partners. In addition, their
vulnerability is connected to a variety of
socioeconomic factors, including
delayed access to care and support for
HIV/AIDS.
Purpose: The purposes of this project
are to support research on the
epidemiologic, socio-cultural,
structural, psychological, and
behavioral factors that promote HIV
infection in African American and
Hispanic women; and to increase
understanding of the factors related to
the prevalence of HIV infection, and
incidence of recent infection, in these
populations. This announcement
addresses the ‘‘Healthy People 2010’’
focus areas of HIV and the goals of
CDC’s HIV prevention strategic plan
through 2005.
Measurable outcomes of the program
will align with one (or more) of the
following performance goal(s) for the
National Center for HIV, STD, and TB
Prevention (NCHSTP):
• Decrease the number of persons at
high risk of acquiring or transmitting
HIV infection.
• Increase the proportion of HIVinfected persons who know they are
infected.
• Increase the number of HIV-infected
persons who are linked to appropriate
prevention, care, and treatment services.
• Strengthen the capacity nationwide
to monitor the HIV epidemic.
Research Objectives: The program
will support four sites to work
E:\FR\FM\01JNN1.SGM
01JNN1
Agencies
[Federal Register Volume 70, Number 104 (Wednesday, June 1, 2005)]
[Notices]
[Pages 31471-31472]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-10822]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF GOVERNMENT ETHICS
Submission for OMB Review; Comment Request for Unmodified
Qualified Trust Model Certificates and Model Trust Documents
AGENCY: Office of Government Ethics (OGE).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Office of Government Ethics has submitted the executive
branch qualified trust model certificates and model trust documents to
the Office of Management and Budget (OMB) for review and two-year
extension of approval under the Paperwork Reduction Act. A total of
twelve OGE model certificates and model documents for qualified trusts
are involved. OGE is proposing no changes to these forms.
DATES: Comments by the public and agencies on this information
collection, as proposed with no modifications, should be received by
July 1, 2005.
ADDRESSES: Comments should be sent to Brenda Aguilar, Office of
Information and Regulatory Affairs, Office of Management and Budget,
New Executive Office Building, Room 10235, Washington, DC 20503;
Telephone: 202-395-6929; FAX: 202-395-6974; E-mail: brenda_
aguilar@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT: Mary T. Donovan at the U.S. Office of
Government Ethics; Telephone: 202-482-9232; TDD: 202-482-9293; FAX:
202-482-9237; E-mail: mtdonova@oge.gov. Copies of the executive branch
qualified trust model certificates and documents may be obtained,
without charge, by contacting Ms. Donovan.
SUPPLEMENTARY INFORMATION: The Office of Government Ethics has
submitted unmodified versions of all twelve qualified trust
certificates and model documents for a two-year extension of approval
by OMB under the Paperwork Reduction Act (44 U.S.C. chapter 35). The
twelve documents, all included under OMB paperwork control number 3209-
0007, are scheduled to expire at the end of June 2005.
On January 7, 2005, OGE issued its first round Federal Register
notice to announce its forthcoming request to OMB for paperwork renewal
of the unmodified qualified trust model certificates and model trust
documents. See 70 FR 1444-1446, with comments due by March 23, 2005.
(OGE did not receive any comments or requests for copies of the
unmodified qualified trust model certificates and model trust
documents.) In that notice, and this one, OGE has proposed no changes
to the qualified trust model documents at this time. In late 2006, OGE
anticipates modifying some or all of these information collections by
re-writing them in plain English to make them easier to understand.
In 2003, OGE updated the OGE/GOVT-1 system of records notice
(covering SF 278 Public Financial Disclosure Reports and other name-
retrieved ethics program records), including the addition of the three
new routine uses. As a result, the Privacy Act Statement on each of the
trust documents, which include paraphrases of the routine uses, is
affected. OGE has not incorporated this revision into the trust
documents at this time, since a more thorough revision of the trust
documents is planned in the next year or two. However, upon
distribution of the trust documents, OGE will inform users of the
revision to the Privacy Act Statement. OGE has included a summary of
the changes relevant to the trust documents in its paperwork clearance
submission to OMB.
OGE is the supervising ethics office for the executive branch of
the Federal Government under the Ethics in Government Act of 1978
(Ethics Act). Presidential nominees to executive branch positions
subject to Senate confirmation and any other executive branch officials
may seek OGE approval for Ethics Act qualified blind or diversified
trusts to be used to avoid conflicts of interest.
OGE is the sponsoring agency for the model certificates and model
trust documents for qualified blind and diversified trusts of executive
branch officials set up under section 102(f) of the Ethics Act, 5
U.S.C. app. Sec. 102(f), and OGE's implementing financial disclosure
regulations at subpart D of 5 CFR part 2634. The various model
certificates and model trust documents are utilized by OGE and
settlors, trustees and other fiduciaries in establishing and
administering these qualified trusts.
There are two categories of information collection requirements
which OGE plans to submit, each with its own related reporting model
certificates or model trust documents which are subject to paperwork
review and approval by OMB. The OGE regulatory citations for these two
categories, together with identification of the forms used for their
implementation, are as follows:
i. Qualified trust certifications--5 CFR 2634.401(d)(2),
2634.403(b)(11), 2634.404(c)(11), 2634.406(a)(3) & (b), 2634.408,
2634.409 and appendixes A & B to part 2634 (the two implementing forms,
the Certificate of Independence and Certificate of Compliance, are
codified respectively in the cited appendixes; see also the Privacy Act
and Paperwork Reduction Act notices thereto in appendix C); and
ii. Qualified trust communications and model provisions and
agreements--5 CFR 2634.401(c)(1)(i) & (d)(2), 2634.403(b), 2634.404(c),
2634.408 and 2634.409 (the ten implementing forms are the: (A) Blind
Trust Communications (Expedited Procedure for Securing Approval of
Proposed Communications); (B) Model Qualified Blind Trust Provisions;
(C) Model Qualified Diversified Trust Provisions; (D) Model Qualified
Blind Trust Provisions (For Use in the Case of Multiple Fiduciaries);
(E) Model Qualified Blind Trust Provisions (For Use in the Case of an
Irrevocable Pre-Existing Trust); (F) Model Qualified Diversified Trust
Provisions (Hybrid Version); (G) Model Qualified Diversified Trust
Provisions (For Use in the Case of Multiple Fiduciaries); (H) Model
Qualified Diversified Trust Provisions (For Use in the Case of an
Irrevocable Pre-Existing Trust); (I) Model Confidentiality Agreement
Provisions (For Use in the Case of a Privately Owned Business); and (J)
Model Confidentiality Agreement Provisions (For Use in the Case of
Investment Management Activities)).
The communications formats and the confidentiality agreements
(items ii (A), (I) and (J) above) would not be available to the public
because they contain sensitive, confidential information. All the other
completed model trust certificates and model trust documents (except
for any trust provisions that relate to the testamentary disposition of
trust assets) are publicly available based upon a proper Ethics Act
request (via an OGE Form 201).
The hour burden listed below is based on the amount of time imposed
on a trust administrator or private representative. The detailed
paperwork estimates below for the various trust certificates and model
documents (an estimated total of 46 per year, down 248 from the prior
three-year period) are based primarily on OGE's experience with
administration of the qualified trust program.
i. Trust Certificates:
A. Certificate of Independence: Total filers (executive branch): 5;
Private
[[Page 31472]]
citizen filers (100%): 5; OGE-processed certificates (private
citizens): 5; private citizen burden hours (20 minutes/certificate): 2.
B. Certificate of Compliance: Total filers (executive branch): 10;
Private citizen filers (100%): 10; OGE-processed certificates (private
citizens): 10; private citizen burden hours (20 minutes/certificate):
3; and
ii. Model Qualified Trust Documents:
A. Blind Trust Communications: Total Users (executive branch): 5;
Private citizen users (100%): 5; OGE-processed documents (private
citizens): 25 (based on an average of five communications per user, per
year); private citizen burden hours (20 minutes/communication): 8.
B. Model Qualified Blind Trust: Total Users (executive branch): 2;
Private citizen users (100%): 2; OGE-processed models (private
citizens): 2; private citizen burden hours (100 hours/model): 200.
C. Model Qualified Diversified Trust: Total users (executive
branch): 1; Private citizen users (100%): 1; OGE-processed models
(private citizens): 1; private citizen burden hours (100 hours/model):
100.
D.-H. Of the five remaining model qualified trust documents: Total
users (executive branch): 2; Private citizen users (100%): 2; OGE-
processed models (private citizens): 2; private citizen burden hours
(100 hours/model): 200.
I.-J. Of the two model confidentiality agreements: Total users
(executive branch): 1; Private citizen users (100%): 1; OGE-processed
agreements (private citizens): 1; private citizen burden hours (50
hours/agreement): 50.
The total annual reporting hour burden, however, is zero (a change
from the 563 hours estimate in the first round Federal Register notice
and the 3,785 hours from the prior three-year period). After
consultation with OMB, OGE has reexamined its estimating methodology to
reflect the fact that all respondents hire private trust administrators
or other private representatives to set up and maintain the qualified
blind and diversified trusts. Respondents themselves, typically
incoming private citizen Presidential nominees, incur no hour burden.
The new estimated total annual cost burden to respondents resulting
from the collection of information is $1,000,000. Those who use the
model documents for guidance are private trust administrators or other
private representatives hired to set up and maintain the qualified
blind and diversified trusts of executive branch officials who seek to
establish qualified trusts. The cost burden figure is based primarily
on OGE's knowledge of the typical trust administrator fee structure (an
average of 1 percent of total assets) and OGE's experience with
administration of the qualified trust program. The $1,000,000 annual
cost figure is based on OGE's estimate of five active trusts
anticipated to be under administration each year with combined total
assets of $100,000,000. However, OGE notes that the $1,000,000 figure
is a cost estimate for the overall administration of the trusts, only a
portion of which relates to information collection and reporting. For
want of a precise way to break out the costs directly associated with
information collection, OGE is reporting to OMB the full $1,000,000
estimate for paperwork clearance purposes.
In this second round notice, public comment is again invited on
each aspect of the model qualified trust certificates and model trust
documents, and underlying regulatory provisions, as set forth in this
notice, including specific views on the need for and practical utility
of this set of collections of information, the accuracy of OGE's burden
estimate, the potential for enhancement of quality, utility and clarity
of the information collected, and the minimization of burden (including
the use of information technology). The Office of Government Ethics, in
consultation with OMB, will consider all comments received, which will
become a matter of public record.
Approved: May 24, 2005.
Marilyn L. Glynn,
Acting Director, Office of Government Ethics.
[FR Doc. 05-10822 Filed 5-31-05; 8:45 am]
BILLING CODE 6345-02-P