Agency Information Collection Activities; Submission for OMB Review; Proposed Collection; Comment Request for Modified OGE Form 450 Executive Branch Confidential Financial Disclosure Report, 54081-54086 [E6-15129]
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Federal Register / Vol. 71, No. 177 / Wednesday, September 13, 2006 / Notices
54081
Trans No.
Acquiring
Acquired
Entities
20061625 .......
20061626 .......
20061627 .......
New Mountain Partners II, L.P ................
Oak Investment Partners XI, L.P ............
ABRY Partners V, L.P .............................
Connextions, Inc ......................................
Airspan Networks Inc ..............................
Cast & Crew Payroll, Inc .........................
20061630 .......
20061634 .......
20061636 .......
Small Smiles Holding Company, Inc .......
Bain Capital Fund IX, L.P .......................
SFK Pulp Fund ........................................
FORBA, LLC ...........................................
Trevor Lloyd ............................................
AFR Holdco, Inc ......................................
20061638 .......
20061643 .......
Bank of America Corporation ..................
Vector Capital III, L.P ..............................
Allegacy Federal Credit Union ................
WatchGuard Technologies, Inc ...............
Connextions, Inc.
Airspan Networks Inc.
BTL Payments, LLC, B-T-L Payrolls,
LLC, BTL/WD Studio Products, LLC,
Cast & Crew Associated Payroll, LLC,
Cast & Crew BV Payroll, LLC, Cast &
Crew Cable Payroll, LLC, Cast & Crew
Capital, Inc., Cast & Crew/Cinehub,
LLC, Cast & Crew Entertainment Services, Inc., Cast & Crew Film Services,
LLC, Cast & Crew Production Payroll,
LLC, Cast & Crew Production Services, LLC, Cast & Crew Studio Payroll
LLC, Cast & Crew Talent Services,
LLC, Cast & Crew WD Payroll, LLC,
Cast & Crew WD Studio Payroll, LLC,
C&C–DTV Payroll, LLC, C&C–DTV
Production Payroll, LLC, C&C–WD
Film Payroll, LLC, C&C WD Film Services, LLC, C&C–WD Studio Productions, LLC, C.D. Payroll, LLC.
FORBA NY, LLC.
Yellowstone Holding Company.
American Fiber International of New
York, Inc., American Fiber Resources
LLC, Great Lakes Pulp Company,
Pulp & Paper Holdco, Inc.
FIA Card Services, N.A.
WatchGuard Technologies, Inc.
Transactions Granted Early Termination—08/30/2006
20061565 .......
20061632 .......
20061650 .......
ValueAct Capital Master Fund, L.P .........
EPCOR Power L.P ..................................
Nokia Corporation ...................................
MDS, Inc ..................................................
ASP III Alternative Investments, L.P .......
Loudeye Corp ..........................................
MDS, Inc.
Primary Energy Ventures LLC.
Loudeye Corp.
Transactions Granted Early Termination—08/31/2006
20061511 .......
Greif, Inc ..................................................
20061562 .......
20061568 .......
20061592 .......
Novartis AG .............................................
ProQuest Company .................................
A.M. Castle & Co ....................................
Riverside XII Holding Company (Delta)
L.P.
Momenta Pharmaceuticals, Inc ...............
Trevor Lloyd ............................................
H.I.G. Transtar, Inc ..................................
Delta Petroleum Company, Inc.
Momenta Pharmaceuticals, Inc.
Dealer Computer Services, Inc.
Transtar Intermediate Holdings #2, Inc.
Transactions Granted Early Termination—09/01/2006
20061624 .......
Sageview Capital Master, Ltd .................
For Further Information Contact:
Sandra M. Peay, Contact Representative,
or Renee Hallman, Contact
Representative, Federal Trade
Commission, Premerger Notification
Office, Bureau of Competition, Room H–
303, Washington, DC 20580. (202) 326–
3100.
By Direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 06–7610 Filed 9–12–06; 8:45 am]
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BILLING CODE 6750–01–M
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Guitar Center, Inc ....................................
OFFICE OF GOVERNMENT ETHICS
Agency Information Collection
Activities; Submission for OMB
Review; Proposed Collection;
Comment Request for Modified OGE
Form 450 Executive Branch
Confidential Financial Disclosure
Report
AGENCY:
Office of Government Ethics
(OGE).
ACTION:
Notice.
SUMMARY: Once this notice is published
in the Federal Register, the Office of
Government Ethics will promptly
submit to the Office of Management and
Budget (OMB) a proposed modified
version of the OGE Form 450 Executive
Branch Confidential Financial
Disclosure Report form (hereafter, OGE
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Guitar Center, Inc.
Form 450) for review and three-year
extension of approval under the
Paperwork Reduction Act (PRA). After
that approval, the modified form would
be used by covered departments and
agency employees starting January 1,
2007.
In August of 2005, the Office of
Government Ethics published a first
round paperwork notice that it intended
to modify the OGE Form 450 to improve
its clarity and design and to change in
part the information that it collects.
Because OGE received so many helpful
comments in response to that notice, it
significantly redesigned the proposed
new OGE Form 450 and published
another first round paperwork notice on
March 17, 2006, in order to provide a
further comment period. OGE received
a number of comments on the March
2006 notice and has made a few minor
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changes to the proposed modified form
in response.
DATES: Comments by the public and
agencies on the proposal are again
invited and should be received by
October 13, 2006.
ADDRESSES: Comments should be sent to
Brenda Aguilar, the OMB Desk Officer
for OGE, Office of Information and
Regulatory Affairs, Office of
Management and Budget, New
Executive Office Building, Room 10235,
Washington, DC 20503; Telephone:
202–395–7316; fax: 202–395–6974.
FOR FURTHER INFORMATION CONTACT: Paul
D. Ledvina, Records Officer, Information
Resources Management Division, Office
of Government Ethics; telephone: 202–
482–9281; TDD: 202–482–9293; fax:
202–482–9237; e-mail:
pdledvin@oge.gov. A copy of the
proposed modified OGE Form 450 may
be obtained, without charge, by
contacting Mr. Ledvina.
SUPPLEMENTARY INFORMATION: The OGE
Form 450 (OMB control # 3209–0006)
collects information from covered
department and agency officials as
required under OGE’s executive
branchwide regulatory provisions in
subpart I of 5 CFR part 2634. The OGE
Form 450 serves as the uniform report
form for collection, on a confidential
basis, of financial information required
by the OGE regulation from certain new
entrant and incumbent employees of the
Federal Government executive branch
departments and agencies. Agency
ethics officials then use the completed
OGE Form 450 reports to conduct
conflict of interest reviews and to
resolve any actual or potential conflicts
found.
The basis for the OGE regulation and
the report form is two-fold. First, section
201(d) of Executive Order 12674 of
April 12, 1989 (as modified by
Executive Order 12731 of October 17,
1990, 3 CFR, 1990 Comp., pp. 306–311,
at p. 308), made OGE responsible for
establishing a system of nonpublic
(confidential) financial disclosure by
executive branch employees to
complement the system of public
financial disclosure under the Ethics in
Government Act of 1978 (the Ethics
Act), as amended, 5 U.S.C. appendix.
Second, section 107(a) of the Ethics Act,
5 U.S.C. app., sec. 107(a), further
provided authority for OGE, as the
supervising ethics office for the
executive branch of the Federal
Government, to require that appropriate
executive agency employees file
confidential financial disclosure reports,
‘‘in such form as the supervising ethics
office may prescribe.’’ The OGE Form
450, and the underlying executive
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branchwide financial disclosure
regulation (5 CFR part 2634), constitute
the basic reporting system that OGE has
prescribed for such confidential
financial disclosure in the executive
branch.
The Privacy Act Statement for the
OGE Form 450 references the OGE/
GOVT–2 executive branchwide Privacy
Act system of records. The information
about this system of records is located
on the OGE Web site, https://
www.usoge.gov. The Web site user
should click on the ‘‘FOIA’’ heading on
the left side of the home page. The user
should then scroll to the bottom of the
page. Under the heading ‘‘Links to Other
Official Documents’’ the user will see
links to the PDF, HTML and TXT
formats of the most recent Privacy Act
Records Systems.
OGE has promulgated a number of
changes to the regulation on
confidential financial disclosure, 5 CFR
part 2634, subpart I. These amendments
will become effective on January 1,
2007. See 71 FR 28229–28239 (May 16,
2006). The amendments change, in
several ways, the body of information
that filers are required to report on the
OGE Form 450. For example, the new
regulation eliminates the requirement to
report several types of assets and
liabilities, such as diversified mutual
funds and mortgages on residential
rental property.
In August 2005, OGE published a first
round paperwork notice of a significant
modification to the OGE Form 450. See
70 FR 47204–47206 (August 12, 2005).
Because OGE received so many helpful
comments in response to that notice, it
significantly redesigned the proposed
report form and published, in March
2006, another first round paperwork
notice announcing that it intended to
amend the OGE Form 450. See 71 FR
13848–13850 (March 17, 2006). This
notice discusses only those comments
received in response to the March 2006
paperwork notice.
Proposed Modifications to the Form
OGE’s goal, in addition to reflecting
the regulatory amendments to 5 CFR
part 2634 that will become effective on
January 1, 2007, is to make the OGE
Form 450 easier to complete
electronically. For example, because it
is much easier to fill in a form
electronically when it appears in a
portrait orientation, we have proposed
changing the form’s orientation.
Additionally, the ability to save an
electronic copy of the completed report
permits the filer to use it in subsequent
filing cycles, without retyping
information that has not changed. The
proposed form provides enough space
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for filers to type at least two lines of
data in each block and provides
agencies with the option to accept
digital signatures. Many agency ethics
officials have told us that filers make
errors on the current OGE Form 450
because they do not read the attached
instructions. On the proposed OGE
Form 450, the instructions are
integrated within the respective
response areas.
The proposed modifications to the
OGE Form 450 reflect the changes in the
confidential financial disclosure
regulation. Generally, these changes to
the information that will have to be
reported on the OGE Form 450 include:
Eliminating the reporting of diversified
mutual funds, eliminating dates of
honoraria, eliminating dates of
agreements and arrangements (other
than those for future employment), and
eliminating the reporting of types of
income that assets earned (i.e.,
dividends, capital gains, or interest),
and revising reporting requirements
relating to liabilities by eliminating the
requirement to report student loans,
mortgages on rental property, and credit
card debt if the loans are granted on
terms made available to the general
public.
Also, OGE is proposing to incorporate
in the modified OGE Form 450 the new
aggregation threshold of more than $305
for the reporting of gifts and travel
reimbursements received from one
source during the year by regular
employee annual filers, with an
exception for any items valued at $122
or less that are not counted toward the
overall threshold. These new thresholds
are based on the General Services
Administration’s (GSA’s) increase in
‘‘minimal value’’ under the Foreign
Gifts and Decorations Act to $305 or less
for 2005–2007, to which the thresholds
are linked by the Ethics Act and OGE
regulation. See GSA’s redefinition at 70
FR 2317–2318 (pt. V) (January 12, 2005),
section 102(a)(2)(A) and (B) of the Ethics
Act, OGE’s regulatory adjustment of the
gifts/reimbursements thresholds for
both public and confidential reports at
70 FR 12111–12112 (March 11, 2005),
and OGE DAEOgram DO–05–007 of
March 17, 2005, all available on OGE’s
Web site at https://www.usoge.gov.
Finally, OGE is proposing to update
the OGE Form 450’s Privacy Act
Statement summary of the sixth listed
routine use (see OGE’s notice of revised
Privacy Act records systems as
published at 68 FR 3097–3109 (January
22, 2003) and routine use ‘‘f’’ at p. 3102
in particular).
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Analysis of General Comments
Received
OGE received comments on the
proposed revised OGE Form 450 from
fourteen executive branch agencies and
one Federal Government employee
association. Several of the agencies
provided multiple comments. Based on
these comments, a few minor
modifications were made to the
proposed report form.
Several of the comments that were
received seem to concern the proposed
report’s application to various aspects of
the regulation that will be superseded
by the above-mentioned amendments on
January 1, 2007. For example, some
commenters noted that the revised form
fails to ask for certain information such
as the dates for agreements and
arrangements. This is because the new
regulation eliminates the requirement to
report the specific date for agreements
and arrangements on the confidential
report form, except for future
employment. Also received were a few
comments that the form could not easily
be completed electronically. This is
because the version of the proposed
modified form that was distributed to
requesters during the paperwork notice
process was not electronically fillable.
Many agencies have asked for a
‘‘smart form’’ rather than simply a form
that can be filled out and saved
electronically. A ‘‘smart form’’ allows
the filer to answer a series of questions,
after which a computer program enters
the relevant data and generates the
actual form. The expectation is that a
‘‘smart form’’ would eliminate many of
the errors that filers often make when
completing the form manually. We
understand that such a form would be
very useful. Unfortunately, as a small
agency, OGE’s budget constraints do not
permit it to take on this larger project.
In the first round paperwork notice
published on March 17, 2006, OGE
indicated it intended to permit
electronic filing of the new OGE Form
450. For this filing cycle, however, OGE
has decided electronic filing using an
Internet-based system will not be
permitted. Further information about
electronic filing will be forthcoming.
In response to the initial first round
paperwork notice issued in August
2005, and at the autumn 2005 OGE
conference, many commenters criticized
the form’s length. In response to these
comments, the form’s length has been
significantly reduced. Although the
proposed form contains seven pages, no
agency will be required to retain the
first page of the form (which contains
the general instructions) or the last page
of the form (which contains the
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examples), thus reducing the form to
five pages. OGE noted, however, that in
order to minimize the form’s length
certain concessions had to be made. For
example, as one agency noted, it would
be more effective to place the examples
with the parts of the form that they
illustrate, rather than on one page at the
end of the form. But placing the
examples on a separate page reduces the
form’s storage bulk by allowing agencies
to separate and discard this page.
The proposed new OGE Form 450
also replaces the ‘‘none’’ boxes that
appear in each part of the current OGE
Form 450 with five ‘‘yes’’ or ‘‘no’’ boxes
that all appear on the signature page.
Like the ‘‘none’’ boxes, these ‘‘yes/no’’
boxes will indicate whether the filer has
information to report in a particular part
of the form. Although filers will still be
required to check boxes to indicate
whether they have information to
report, these statements will be more
visible to filers than the ‘‘none’’ boxes
and will take up less space than in the
previous proposal. Most significantly,
placing all of the ‘‘yes/no’’ boxes on the
signature page will allow agencies to
retain only one page for each filer who
checks the ‘‘no’’ box for all five parts,
thereby vastly reducing the total number
of pages that agencies will be required
to store.
Analysis of Specific Comments
One agency commented that placing
the signature lines on the form’s first
page may cause people to sign the form
before they fill it out. We note, however,
that the current version of the form also
is organized in this manner. The filer
provides his or her name, position,
filing status, and grade, and then he or
she signs the form. Parts I—V follow the
signature. On the draft of the form that
accompanied the first round paperwork
notice published in August 2005, we
placed all of the signatures at the end of
the form. But many ethics officials
expressed the concern that filers would
forget to sign the form, or that the last
page might become detached from the
form and lost. As noted above, by
putting the signature lines on the same
page with the previously mentioned
‘‘yes/no’’ boxes, OGE was able to reduce
the length of the proposed modified
form in many cases to one page.
One agency requested that supervisors
and intermediate reviewers not be
required to fill in their e-mail addresses.
Although OGE added a block for these
individuals to provide their e-mail
addresses, OGE is not requiring them to
do so. We believe that providing a space
on the form for supervisors to include
contact information, if they choose to do
so, will be helpful to most ethics offices.
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One agency suggested that the penalty
notice be placed adjacent to the filer’s
signature in the hope that employees
will be more likely to notice it.
Unfortunately, it will not fit there. As a
compromise, the penalty notice has
been moved to the center of page 1, its
font size has been increased, it has been
placed in bold print and a border is now
surrounding it. These changes make it
much more prominent than it was on
prior versions of the form.
At the suggestion of two agencies, the
‘‘Date Received by Agency’’ box has
been enlarged. At another agency’s
suggestion, the definition of special
Government employee (SGE) has been
moved so that it appears near the block
requiring the filer to indicate his or her
SGE status. A third agency
recommended the elimination of the
requirement that SGEs provide their
home addresses, citing privacy
concerns, and noting that it is not
necessary to have an SGE’s address now
that the form asks for the filer’s e-mail
address. OGE agrees that it is not
necessary for an SGE to provide a home
address. However, OGE thinks it is
useful to require an SGE to provide a
mailing address at which the agency can
contact him or her. Thus, ‘‘home
address’’ has been changed to ‘‘mailing
address’’ so that the SGE can decide
which to provide.
As noted above, the first page of the
proposed form includes five statements
that take the place of the ‘‘none’’ boxes.
One agency correctly noted that only
annual filers must complete the gifts/
travel reimbursements part of the form.
Although in Part V of the form
employees are instructed that only
annual filers must complete this part of
the form, it is agreed that this
instruction also needs to be provided
with these statements. Immediately
above Statement V, the following
language has been added: ‘‘Statement V
is for annual filers only. It does not
apply to new entrants and SGEs.’’
Three agencies recommended the
addition of an instruction that the
underlying holdings of variable
annuities and investment life insurance
must be reported in Part I. Space
constraints originally precluded doing
this, but this additional instruction has
now been included. Three agencies also
noted that the definition of ‘‘diversified
mutual fund’’ that appeared on the
proposed form was incorrect. This
editing error has been corrected. The
definition now reads as follows: ‘‘A
mutual fund that does not have a stated
policy of concentrating its investments
in one industry, business, or single
country other than the United States, or
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bonds of a single State within the
United States.’’
One agency recommended that the
addition of the following to the
instructions proposed for Part I:
‘‘Designate entries for your dependent
children with ’(DC)’ and ’(J)’ for joint
holdings.’’ Because it was not the
intention of OGE to signal any change
in the use of these abbreviations, the
instruction in Part I will now read: ‘‘You
may distinguish any entry for a family
member by preceding it with S for
spouse, DC for dependent child, or J for
jointly held.’’ In addition to changing
the wording of this proposed
instruction, it has been placed in the
block labeled ‘‘Reportable Information’’
and removed from the instruction
blocks for assets and income.
At the suggestion of one agency, line
numbers have been added to the Part I
continuation page. The suggestion of
another agency that the ‘‘Bryggadune
University’’ example that illustrates the
receipt of earned income in Part I also
be used as an example for Part III in
order to help illustrate that any position
with a former employer should also be
listed in Part III has also been accepted.
One agency asked that the portions of
the proposed modified form that filers
have to complete be shaded, and
instructions be provided to fill in the
highlighted portions of the form.
Although it was initially decided to
accept this recommendation, when the
highlighting suitable for viewing on a
computer screen was made, the
highlighting on the printed form was
barely visible.
One agency requested that the ethics
official, rather than the filer, be required
to check the box for the filer’s status
because filers often mark the wrong box,
and ethics officials must correct the
error. It is understood that this error
occurs, but OGE disagrees that the
solution is to require the ethics official
to complete this portion of the form.
Requiring ethics officials to fill in this
information on every form rather than
correcting only those forms that have
errors in this block would unnecessarily
increase the administrative burden on
ethics officials. Filers, not ethics
officials, should be responsible for
providing this information.
One agency asserted that two separate
categories of instructions for assets and
income are no longer needed because,
under the current proposal, earned
income, investment income, and assets
would all be reported in Part I. OGE
disagrees. The instructions for the
reporting of assets and investment
income are different from the
instructions for reporting earned
income. For example, a filer must report
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his or her assets, as well as the assets
of the spouse and dependent children,
but need not report the earned income
of any dependent children. In addition,
the reporting threshold for the earned
income of the filer is different from the
reporting threshold for the earned
income of the filer’s spouse. OGE
believes that keeping the instructions in
separate tables will help the filer notice
these distinctions.
One agency recommended the
addition of a column to Part I for the
filer to list the type of asset or income
(e.g., stock, bond, employer) which he
or she reports. However, in response to
comments received when ethics officials
were surveyed in 2003, OGE
intentionally eliminated the column
that required filers to describe the type
of income (dividends, rent, salary,
capital gains) that they received from
the assets listed in Part I. Just as it is
unnecessary to require filers to report
the type of investment income earned
(e.g., ‘‘interest, dividends, capital
gains’’), it also is unnecessary to report
the type of asset reported. OGE thinks
that it is less time-consuming for the
reviewer to contact the filer and ask
about any particular entry that is not
clearly identifiable on the form.
OGE also disagrees with one agency’s
suggestion that filers be required to
provide the ticker symbols for their
stocks and mutual funds. Although OGE
recognizes that the inclusion of ticker
symbols may be helpful to some
reviewers, if the use of the ticker
symbols were mandatory, ethics
officials would then be required to
obtain this information from filers who
fail to provide it. OGE also has not
accepted a similar recommendation that
it allow filers to use the ticker symbol
as an alternative to the full name of the
reportable asset. Filers sometimes report
the wrong ticker symbols and such
mistakes make the conflict of interest
analysis more difficult. OGE believes
that it is best to continue to require that
the filer report the full name of the
company or fund, and make the use of
ticker symbols optional.
On the proposed report that
accompanied the first round paperwork
notice published in August 2005, OGE
had included a column for the filer to
indicate whether a particular asset was
worth over $15,000 or $50,000. Two
agencies recommended that this column
be reinstated. OGE had proposed this
column so that filers could indicate
which of their stocks and sector mutual
funds are valued above these regulatory
exemption amounts. On further
reflection, however, OGE decided that
the benefit of receiving this information
would not justify the additional filing
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burden. The regulatory exemption
amounts refer to the total value of the
filer’s financial interest in a particular
matter, not just the value of a particular
asset. In addition, security values
fluctuate.
Two agencies asked that more blocks
be added for the reporting of liabilities
in Part II. OGE included only two lines
in order to shorten the form. In addition,
because the underlying confidential
financial disclosure regulation
amendments that will become effective
on January 1, 2007 include a significant
expansion of the exceptions for
reporting liabilities, most filers will now
have few, if any, liabilities to report.
One agency noted that the most
common error that employees make in
Part III on outside positions is to report,
unnecessarily, their official duty
activities. This agency recommended
that OGE add official duty activities to
the ‘‘Do Not Report’’ column in the
instructions for Part III. The ‘‘Do Not
Report’’ column in Part III already
includes the instruction that a filer does
not need to report ‘‘any position that
you hold as part of your official duties.’’
Another agency recommended that, in
Part III, OGE change the proposed
column heading ‘‘organization’’ because
it does not adequately convey to filers
that they must report their outside
activities and employment. Because the
heading ‘‘organization’’ is used on the
current version of the form, and we have
received no indication that it has caused
confusion, OGE has not accepted this
recommendation.
One agency recommended the
removal of the instruction in Part V that
filers need not report bequests and other
forms of inheritance that they receive.
This agency’s concern is that including
this instruction may lead filers to
believe that they also are not required to
report their inherited assets in Part I.
OGE does not believe it is necessary to
change this instruction as proposed.
Two agencies suggested that the
proposed example illustrating the
requirement that a filer report his or her
spouse’s earned income on Part I should
include the employer’s city and State.
We have not accepted this
recommendation because this
information is not required by the
regulation either in its current version
or as amended effective January 1, 2007.
Although the city and State of the
spouse’s employer appear in the
example on the current version of the
form, neither the regulation nor the
instructions on that form require that
this information be reported.
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Availability and Timing
After it is finally updated and
authorized for use next year, OGE will
make the modified OGE Form 450
available to departments and agencies,
and their reporting employees, through
the Forms, Publications & Other Ethics
Documents section of OGE’s Web site
(https://www.usoge.gov). We will
maintain the current version of the form
on the OGE Web site for the remainder
of 2006.
As noted above, OGE does not intend
that the modified OGE Form 450 (once
finalized) be utilized until 2007. OGE
received from OMB an extension of
paperwork clearance for the current
version of the report form to allow its
continued use for the remainder of
2006. Thus, agencies should continue to
have their new entrant confidential
report filers, including special
Government employees filing such
reports upon their reappointment/
redesignation or appointment
anniversary dates, use the current
version of the form throughout 2006.
After the forthcoming final clearance of
the new modified version of the OGE
Form 450, agencies should require both
new entrant and annual incumbent
confidential report filers to use the new
version of the form starting in 2007.
Because of the introduction of the
new form, filers will not be required to
file their annual incumbent reports by
October 31, 2006. Instead, OGE will
require annual confidential filers to file
the new modified form with their
agencies by the new filing deadline of
February 15, 2007. This first new report
will incorporate a 15-month reporting
period (from October 2005 through
December 2006) in order to avoid any
gap in reporting due to the transition
from a fiscal year to a calendar year
basis for annual reporting. Thereafter,
the new annual confidential reports due
each February will just cover the prior
calendar year.
The electronically fillable form will
be provided in Adobe Acrobat PDF
format. It is specially encoded to allow
the filer to save the completed form on
his or her computer just by using the
free Adobe Acrobat Reader software,
available from Adobe via a link from the
OGE Web site.
hsrobinson on PROD1PC61 with NOTICES
Effect on Use of Alternative Reports
and OGE Optional Form 450–A
Since 1992, various departments and
agencies have developed, with OGE
review/approval, alternative reporting
formats such as certificates of no
conflict for certain classes of employees.
Other agencies provide for additional
disclosures pursuant to independent
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16:19 Sep 12, 2006
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organic statutes and in certain other
circumstances when authorized by OGE.
In 1997, OGE itself developed the OGE
Optional Form 450–A (Confidential
Certificate of No New Interests
(Executive Branch)) for possible agency
and employee use in certain years, if
applicable. That optional form
continues in use at various agencies.
However, the OGE Form 450 remains
the uniform executive branch report
form for most of those executive branch
employees required by their agencies to
report confidentially on their financial
interests. Agencies may allow annual
filers who meet the requirements to file
the OGE Form 450–A rather than the
new OGE Form 450 for this 15-month
filing cycle.
Reporting Individuals
The OGE Form 450 is to be filed by
each reporting individual with the
designated agency ethics official at the
executive department or agency where
he or she is or will be employed.
Reporting individuals are regular
employees whose positions have been
designated by their agency under 5 CFR
2634.904 (both the current regulation as
codified and the rule that will become
effective in January 2007) as requiring
confidential financial disclosure in
order to help avoid conflicts with their
assigned responsibilities. Under that
section, all special Government
employees are also generally required to
file. Agencies may, if appropriate under
the OGE regulation, exclude certain
regular employees or SGEs as provided
in 5 CFR 2634.905 (§ 2634.904(b) of the
rule that will become effective in
January 2007). Reports normally are
required to be filed within 30 days of
entering a covered position (or earlier if
required by the agency concerned), and
again annually if the employee serves
for more than 60 days in the position.
Most of the persons who file this
report are current executive branch
Government employees at the time they
complete their report. However, some
filers are private citizens who are asked
by their prospective agencies to file new
entrant reports prior to entering
Government service in order to permit
advance identification of any potential
conflicts of interest and resolution
thereof by recusal, divestiture, waiver,
etc.
Reporting Burden
In the two first round paperwork
notices for the proposed modified form,
the statistics OGE used to compute the
reporting burden mistakenly included
filers of the OGE Form 450–A and of
alternative forms approved by OGE.
Because the statistics should reflect the
PO 00000
Frm 00068
Fmt 4703
Sfmt 4703
54085
work involved in completing the OGE
Form 450 and not any variations of the
form, OGE is refining the statistics to
reflect the reporting burden pertaining
to the OGE Form 450 only.
Additionally, the prior first round
paperwork notices used statistics from
calendar years 2002, 2003, and 2004.
This paperwork notice uses the figures
from calendar years 2003, 2004, and
2005.
Based on OGE’s annual agency ethics
program questionnaire responses for
2003 through 2005, OGE estimates that
an average of approximately 246,131
OGE Form 450 reports will be filed each
year for the next three years throughout
the executive branch. This estimate is
based on the number of OGE Form 450
reports filed branchwide for 2003
through 2005 (218,130 in 2003, 280,152
in 2004, and 240,111 in 2005) for a total
of 738,393, with that number then
divided by three and rounded, to give
the projected annual average of 246,131
OGE Form 450 reports. Of these reports,
OGE estimates that 7.65 percent, or
some 18,829 per year, will be filed by
private citizens with departments and
agencies throughout the executive
branch. Private citizen filers are those
potential (incoming) regular employees
whose positions are designated for
confidential disclosure filing as well as
potential special Government
employees whose agencies require that
they file their new entrant reports prior
to assuming Government
responsibilities. No termination reports
are required for the OGE Form 450.
Because the amount of information
that must be reported on the proposed
modified form has been reduced, each
filing is now estimated to take an
average of one hour to complete. This
yields an annual reporting burden of
18,829 hours.
Consideration of Comments
In this second round notice, public
comment is again invited, this time on
the proposed further modified OGE
Form 450 summarized in this notice and
available without charge from OGE
upon request (see the FOR FURTHER
INFORMATION CONTACT section above). In
accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
chapter 35), public comments are
invited specifically on the need for and
practical utility of this proposed
modified collection of information, the
accuracy of OGE’s burden estimate, the
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
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54086
Federal Register / Vol. 71, No. 177 / Wednesday, September 13, 2006 / Notices
all comments received, which will
become a matter of public record.
Approved: September 6, 2006.
Robert I. Cusick,
Director, Office of Government Ethics.
[FR Doc. E6–15129 Filed 9–12–06; 8:45 am]
defined by the newborn screening
system of each State. These children are
referred for diagnosis and treatment.
However, some cases are not detected at
all or the detection comes too late to
prevent harm. These ‘‘missed cases’’
often result in severe morbidity such as
mental retardation or death.
In this project, we will update and
expand a previous epidemiological
study of missed cases of two disorders
published in 1986. We will assess the
number of cases of each disorder
missed, the reasons for the miss and
legal outcomes, if any. The reasons for
the miss will be tabulated according to
which step or steps of the screening
process it occurred. Data will be
collected by asking state public health
laboratory directors, newborn screening
laboratory managers, follow-up
coordinators, specialists at metabolic
clinics and parent groups with an
interest in newborn screening for
information regarding missed cases. An
estimated 100 subjects will be requested
to complete a short questionnaire that
asks for information regarding the
details of any missed cases of which
they are aware.
The survey will highlight procedures
and actions taken by States and other
participants in newborn screening
systems to identify causes of missed
cases and to modify policies and
procedures to prevent or minimize
recurrences. The information gleaned
from this study may be used to help
craft changes in the screening protocols
that will make the process more
organized and efficient and less likely to
fail an affected child. Further, it is not
clear that there is a systematic
assessment of missed cases on a
population basis; this project will seek
to identify procedures for routine
surveillance of missed cases. There are
no costs to respondents except their
time to participate in the survey.
on respondents, including through the
use of automated collection techniques
or other forms of information
technology. Written comments should
be received within 60 days of this
notice.
Proposed Project
BILLING CODE 6345–02–P
Descriptive Epidemiology of Missed
or Delayed Diagnoses for Conditions
Detected by Newborn Screening—(OMB
No. 0920–0641)—Extension-National
Center for Environmental Health
(NCEH), Centers for Disease Control and
Prevention (CDC).
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
[60Day–06–0641]
Background and Brief Description
Proposed Data Collections Submitted
for Public Comment and
Recommendations
Every State in the United States and
Washington, DC, has a public health
program to test newborn babies for
congenital metabolic and other
disorders through laboratory testing of
dried blood spots. These programs
screen for between 4 and 36 different
conditions including phenylketonuria
(PKU) and congenital hypothroidism,
with testing performed in both state
laboratories and private laboratories
contracted by state health departments.
The screening process or system is
broader than the state public health
newborn screening program, which is
composed only of the laboratory and
follow-up personnel. It involves the
collection of blood from a newborn,
analysis of the sample in a screening
laboratory, follow-up of abnormal
results, confirmatory testing and
diagnostic work-up. Parents, hospitals,
medical providers including primary
care providers and specialists, state
laboratory and follow-up personnel,
advocates, as well as other partners such
as local health departments, police,
child protection workers, and courts
play important roles in this process.
Most children born with metabolic
disease are identified in a timely
manner and within the parameters
In compliance with the requirement
of Section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995 for
opportunity for public comment on
proposed data collection projects, the
Centers for Disease Control and
Prevention (CDC) will publish periodic
summaries of proposed projects. To
request more information on the
proposed projects or to obtain a copy of
the data collection plans and
instruments, call 404–639–5960 and
send comments to Seleda Perryman,
CDC Assistant Reports Clearance
Officer, 1600 Clifton Road, MS–D74,
Atlanta, GA 30333 or send an e-mail to
omb@cdc.gov.
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
ESTIMATED ANNUALIZED BURDEN HOURS
Number of respondents
Respondents
Number of responses per
respondent
100
1
hsrobinson on PROD1PC61 with NOTICES
State laboratory directors, screening laboratory managers, follow-up coordinators, metabolic clinic specialists, and parent groups ...............................
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E:\FR\FM\13SEN1.SGM
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Average burden per response
(in hours)
10/60
Total burden
(hours)
17
Agencies
[Federal Register Volume 71, Number 177 (Wednesday, September 13, 2006)]
[Notices]
[Pages 54081-54086]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-15129]
=======================================================================
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OFFICE OF GOVERNMENT ETHICS
Agency Information Collection Activities; Submission for OMB
Review; Proposed Collection; Comment Request for Modified OGE Form 450
Executive Branch Confidential Financial Disclosure Report
AGENCY: Office of Government Ethics (OGE).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Once this notice is published in the Federal Register, the
Office of Government Ethics will promptly submit to the Office of
Management and Budget (OMB) a proposed modified version of the OGE Form
450 Executive Branch Confidential Financial Disclosure Report form
(hereafter, OGE Form 450) for review and three-year extension of
approval under the Paperwork Reduction Act (PRA). After that approval,
the modified form would be used by covered departments and agency
employees starting January 1, 2007.
In August of 2005, the Office of Government Ethics published a
first round paperwork notice that it intended to modify the OGE Form
450 to improve its clarity and design and to change in part the
information that it collects. Because OGE received so many helpful
comments in response to that notice, it significantly redesigned the
proposed new OGE Form 450 and published another first round paperwork
notice on March 17, 2006, in order to provide a further comment period.
OGE received a number of comments on the March 2006 notice and has made
a few minor
[[Page 54082]]
changes to the proposed modified form in response.
DATES: Comments by the public and agencies on the proposal are again
invited and should be received by October 13, 2006.
ADDRESSES: Comments should be sent to Brenda Aguilar, the OMB Desk
Officer for OGE, Office of Information and Regulatory Affairs, Office
of Management and Budget, New Executive Office Building, Room 10235,
Washington, DC 20503; Telephone: 202-395-7316; fax: 202-395-6974.
FOR FURTHER INFORMATION CONTACT: Paul D. Ledvina, Records Officer,
Information Resources Management Division, Office of Government Ethics;
telephone: 202-482-9281; TDD: 202-482-9293; fax: 202-482-9237; e-mail:
pdledvin@oge.gov. A copy of the proposed modified OGE Form 450 may be
obtained, without charge, by contacting Mr. Ledvina.
SUPPLEMENTARY INFORMATION: The OGE Form 450 (OMB control
3209-0006) collects information from covered department and agency
officials as required under OGE's executive branchwide regulatory
provisions in subpart I of 5 CFR part 2634. The OGE Form 450 serves as
the uniform report form for collection, on a confidential basis, of
financial information required by the OGE regulation from certain new
entrant and incumbent employees of the Federal Government executive
branch departments and agencies. Agency ethics officials then use the
completed OGE Form 450 reports to conduct conflict of interest reviews
and to resolve any actual or potential conflicts found.
The basis for the OGE regulation and the report form is two-fold.
First, section 201(d) of Executive Order 12674 of April 12, 1989 (as
modified by Executive Order 12731 of October 17, 1990, 3 CFR, 1990
Comp., pp. 306-311, at p. 308), made OGE responsible for establishing a
system of nonpublic (confidential) financial disclosure by executive
branch employees to complement the system of public financial
disclosure under the Ethics in Government Act of 1978 (the Ethics Act),
as amended, 5 U.S.C. appendix. Second, section 107(a) of the Ethics
Act, 5 U.S.C. app., sec. 107(a), further provided authority for OGE, as
the supervising ethics office for the executive branch of the Federal
Government, to require that appropriate executive agency employees file
confidential financial disclosure reports, ``in such form as the
supervising ethics office may prescribe.'' The OGE Form 450, and the
underlying executive branchwide financial disclosure regulation (5 CFR
part 2634), constitute the basic reporting system that OGE has
prescribed for such confidential financial disclosure in the executive
branch.
The Privacy Act Statement for the OGE Form 450 references the OGE/
GOVT-2 executive branchwide Privacy Act system of records. The
information about this system of records is located on the OGE Web
site, https://www.usoge.gov. The Web site user should click on the
``FOIA'' heading on the left side of the home page. The user should
then scroll to the bottom of the page. Under the heading ``Links to
Other Official Documents'' the user will see links to the PDF, HTML and
TXT formats of the most recent Privacy Act Records Systems.
OGE has promulgated a number of changes to the regulation on
confidential financial disclosure, 5 CFR part 2634, subpart I. These
amendments will become effective on January 1, 2007. See 71 FR 28229-
28239 (May 16, 2006). The amendments change, in several ways, the body
of information that filers are required to report on the OGE Form 450.
For example, the new regulation eliminates the requirement to report
several types of assets and liabilities, such as diversified mutual
funds and mortgages on residential rental property.
In August 2005, OGE published a first round paperwork notice of a
significant modification to the OGE Form 450. See 70 FR 47204-47206
(August 12, 2005). Because OGE received so many helpful comments in
response to that notice, it significantly redesigned the proposed
report form and published, in March 2006, another first round paperwork
notice announcing that it intended to amend the OGE Form 450. See 71 FR
13848-13850 (March 17, 2006). This notice discusses only those comments
received in response to the March 2006 paperwork notice.
Proposed Modifications to the Form
OGE's goal, in addition to reflecting the regulatory amendments to
5 CFR part 2634 that will become effective on January 1, 2007, is to
make the OGE Form 450 easier to complete electronically. For example,
because it is much easier to fill in a form electronically when it
appears in a portrait orientation, we have proposed changing the form's
orientation. Additionally, the ability to save an electronic copy of
the completed report permits the filer to use it in subsequent filing
cycles, without retyping information that has not changed. The proposed
form provides enough space for filers to type at least two lines of
data in each block and provides agencies with the option to accept
digital signatures. Many agency ethics officials have told us that
filers make errors on the current OGE Form 450 because they do not read
the attached instructions. On the proposed OGE Form 450, the
instructions are integrated within the respective response areas.
The proposed modifications to the OGE Form 450 reflect the changes
in the confidential financial disclosure regulation. Generally, these
changes to the information that will have to be reported on the OGE
Form 450 include: Eliminating the reporting of diversified mutual
funds, eliminating dates of honoraria, eliminating dates of agreements
and arrangements (other than those for future employment), and
eliminating the reporting of types of income that assets earned (i.e.,
dividends, capital gains, or interest), and revising reporting
requirements relating to liabilities by eliminating the requirement to
report student loans, mortgages on rental property, and credit card
debt if the loans are granted on terms made available to the general
public.
Also, OGE is proposing to incorporate in the modified OGE Form 450
the new aggregation threshold of more than $305 for the reporting of
gifts and travel reimbursements received from one source during the
year by regular employee annual filers, with an exception for any items
valued at $122 or less that are not counted toward the overall
threshold. These new thresholds are based on the General Services
Administration's (GSA's) increase in ``minimal value'' under the
Foreign Gifts and Decorations Act to $305 or less for 2005-2007, to
which the thresholds are linked by the Ethics Act and OGE regulation.
See GSA's redefinition at 70 FR 2317-2318 (pt. V) (January 12, 2005),
section 102(a)(2)(A) and (B) of the Ethics Act, OGE's regulatory
adjustment of the gifts/reimbursements thresholds for both public and
confidential reports at 70 FR 12111-12112 (March 11, 2005), and OGE
DAEOgram DO-05-007 of March 17, 2005, all available on OGE's Web site
at https://www.usoge.gov.
Finally, OGE is proposing to update the OGE Form 450's Privacy Act
Statement summary of the sixth listed routine use (see OGE's notice of
revised Privacy Act records systems as published at 68 FR 3097-3109
(January 22, 2003) and routine use ``f'' at p. 3102 in particular).
[[Page 54083]]
Analysis of General Comments Received
OGE received comments on the proposed revised OGE Form 450 from
fourteen executive branch agencies and one Federal Government employee
association. Several of the agencies provided multiple comments. Based
on these comments, a few minor modifications were made to the proposed
report form.
Several of the comments that were received seem to concern the
proposed report's application to various aspects of the regulation that
will be superseded by the above-mentioned amendments on January 1,
2007. For example, some commenters noted that the revised form fails to
ask for certain information such as the dates for agreements and
arrangements. This is because the new regulation eliminates the
requirement to report the specific date for agreements and arrangements
on the confidential report form, except for future employment. Also
received were a few comments that the form could not easily be
completed electronically. This is because the version of the proposed
modified form that was distributed to requesters during the paperwork
notice process was not electronically fillable.
Many agencies have asked for a ``smart form'' rather than simply a
form that can be filled out and saved electronically. A ``smart form''
allows the filer to answer a series of questions, after which a
computer program enters the relevant data and generates the actual
form. The expectation is that a ``smart form'' would eliminate many of
the errors that filers often make when completing the form manually. We
understand that such a form would be very useful. Unfortunately, as a
small agency, OGE's budget constraints do not permit it to take on this
larger project.
In the first round paperwork notice published on March 17, 2006,
OGE indicated it intended to permit electronic filing of the new OGE
Form 450. For this filing cycle, however, OGE has decided electronic
filing using an Internet-based system will not be permitted. Further
information about electronic filing will be forthcoming.
In response to the initial first round paperwork notice issued in
August 2005, and at the autumn 2005 OGE conference, many commenters
criticized the form's length. In response to these comments, the form's
length has been significantly reduced. Although the proposed form
contains seven pages, no agency will be required to retain the first
page of the form (which contains the general instructions) or the last
page of the form (which contains the examples), thus reducing the form
to five pages. OGE noted, however, that in order to minimize the form's
length certain concessions had to be made. For example, as one agency
noted, it would be more effective to place the examples with the parts
of the form that they illustrate, rather than on one page at the end of
the form. But placing the examples on a separate page reduces the
form's storage bulk by allowing agencies to separate and discard this
page.
The proposed new OGE Form 450 also replaces the ``none'' boxes that
appear in each part of the current OGE Form 450 with five ``yes'' or
``no'' boxes that all appear on the signature page. Like the ``none''
boxes, these ``yes/no'' boxes will indicate whether the filer has
information to report in a particular part of the form. Although filers
will still be required to check boxes to indicate whether they have
information to report, these statements will be more visible to filers
than the ``none'' boxes and will take up less space than in the
previous proposal. Most significantly, placing all of the ``yes/no''
boxes on the signature page will allow agencies to retain only one page
for each filer who checks the ``no'' box for all five parts, thereby
vastly reducing the total number of pages that agencies will be
required to store.
Analysis of Specific Comments
One agency commented that placing the signature lines on the form's
first page may cause people to sign the form before they fill it out.
We note, however, that the current version of the form also is
organized in this manner. The filer provides his or her name, position,
filing status, and grade, and then he or she signs the form. Parts I--V
follow the signature. On the draft of the form that accompanied the
first round paperwork notice published in August 2005, we placed all of
the signatures at the end of the form. But many ethics officials
expressed the concern that filers would forget to sign the form, or
that the last page might become detached from the form and lost. As
noted above, by putting the signature lines on the same page with the
previously mentioned ``yes/no'' boxes, OGE was able to reduce the
length of the proposed modified form in many cases to one page.
One agency requested that supervisors and intermediate reviewers
not be required to fill in their e-mail addresses. Although OGE added a
block for these individuals to provide their e-mail addresses, OGE is
not requiring them to do so. We believe that providing a space on the
form for supervisors to include contact information, if they choose to
do so, will be helpful to most ethics offices.
One agency suggested that the penalty notice be placed adjacent to
the filer's signature in the hope that employees will be more likely to
notice it. Unfortunately, it will not fit there. As a compromise, the
penalty notice has been moved to the center of page 1, its font size
has been increased, it has been placed in bold print and a border is
now surrounding it. These changes make it much more prominent than it
was on prior versions of the form.
At the suggestion of two agencies, the ``Date Received by Agency''
box has been enlarged. At another agency's suggestion, the definition
of special Government employee (SGE) has been moved so that it appears
near the block requiring the filer to indicate his or her SGE status. A
third agency recommended the elimination of the requirement that SGEs
provide their home addresses, citing privacy concerns, and noting that
it is not necessary to have an SGE's address now that the form asks for
the filer's e-mail address. OGE agrees that it is not necessary for an
SGE to provide a home address. However, OGE thinks it is useful to
require an SGE to provide a mailing address at which the agency can
contact him or her. Thus, ``home address'' has been changed to
``mailing address'' so that the SGE can decide which to provide.
As noted above, the first page of the proposed form includes five
statements that take the place of the ``none'' boxes. One agency
correctly noted that only annual filers must complete the gifts/travel
reimbursements part of the form. Although in Part V of the form
employees are instructed that only annual filers must complete this
part of the form, it is agreed that this instruction also needs to be
provided with these statements. Immediately above Statement V, the
following language has been added: ``Statement V is for annual filers
only. It does not apply to new entrants and SGEs.''
Three agencies recommended the addition of an instruction that the
underlying holdings of variable annuities and investment life insurance
must be reported in Part I. Space constraints originally precluded
doing this, but this additional instruction has now been included.
Three agencies also noted that the definition of ``diversified mutual
fund'' that appeared on the proposed form was incorrect. This editing
error has been corrected. The definition now reads as follows: ``A
mutual fund that does not have a stated policy of concentrating its
investments in one industry, business, or single country other than the
United States, or
[[Page 54084]]
bonds of a single State within the United States.''
One agency recommended that the addition of the following to the
instructions proposed for Part I: ``Designate entries for your
dependent children with '(DC)' and '(J)' for joint holdings.'' Because
it was not the intention of OGE to signal any change in the use of
these abbreviations, the instruction in Part I will now read: ``You may
distinguish any entry for a family member by preceding it with S for
spouse, DC for dependent child, or J for jointly held.'' In addition to
changing the wording of this proposed instruction, it has been placed
in the block labeled ``Reportable Information'' and removed from the
instruction blocks for assets and income.
At the suggestion of one agency, line numbers have been added to
the Part I continuation page. The suggestion of another agency that the
``Bryggadune University'' example that illustrates the receipt of
earned income in Part I also be used as an example for Part III in
order to help illustrate that any position with a former employer
should also be listed in Part III has also been accepted.
One agency asked that the portions of the proposed modified form
that filers have to complete be shaded, and instructions be provided to
fill in the highlighted portions of the form. Although it was initially
decided to accept this recommendation, when the highlighting suitable
for viewing on a computer screen was made, the highlighting on the
printed form was barely visible.
One agency requested that the ethics official, rather than the
filer, be required to check the box for the filer's status because
filers often mark the wrong box, and ethics officials must correct the
error. It is understood that this error occurs, but OGE disagrees that
the solution is to require the ethics official to complete this portion
of the form. Requiring ethics officials to fill in this information on
every form rather than correcting only those forms that have errors in
this block would unnecessarily increase the administrative burden on
ethics officials. Filers, not ethics officials, should be responsible
for providing this information.
One agency asserted that two separate categories of instructions
for assets and income are no longer needed because, under the current
proposal, earned income, investment income, and assets would all be
reported in Part I. OGE disagrees. The instructions for the reporting
of assets and investment income are different from the instructions for
reporting earned income. For example, a filer must report his or her
assets, as well as the assets of the spouse and dependent children, but
need not report the earned income of any dependent children. In
addition, the reporting threshold for the earned income of the filer is
different from the reporting threshold for the earned income of the
filer's spouse. OGE believes that keeping the instructions in separate
tables will help the filer notice these distinctions.
One agency recommended the addition of a column to Part I for the
filer to list the type of asset or income (e.g., stock, bond, employer)
which he or she reports. However, in response to comments received when
ethics officials were surveyed in 2003, OGE intentionally eliminated
the column that required filers to describe the type of income
(dividends, rent, salary, capital gains) that they received from the
assets listed in Part I. Just as it is unnecessary to require filers to
report the type of investment income earned (e.g., ``interest,
dividends, capital gains''), it also is unnecessary to report the type
of asset reported. OGE thinks that it is less time-consuming for the
reviewer to contact the filer and ask about any particular entry that
is not clearly identifiable on the form.
OGE also disagrees with one agency's suggestion that filers be
required to provide the ticker symbols for their stocks and mutual
funds. Although OGE recognizes that the inclusion of ticker symbols may
be helpful to some reviewers, if the use of the ticker symbols were
mandatory, ethics officials would then be required to obtain this
information from filers who fail to provide it. OGE also has not
accepted a similar recommendation that it allow filers to use the
ticker symbol as an alternative to the full name of the reportable
asset. Filers sometimes report the wrong ticker symbols and such
mistakes make the conflict of interest analysis more difficult. OGE
believes that it is best to continue to require that the filer report
the full name of the company or fund, and make the use of ticker
symbols optional.
On the proposed report that accompanied the first round paperwork
notice published in August 2005, OGE had included a column for the
filer to indicate whether a particular asset was worth over $15,000 or
$50,000. Two agencies recommended that this column be reinstated. OGE
had proposed this column so that filers could indicate which of their
stocks and sector mutual funds are valued above these regulatory
exemption amounts. On further reflection, however, OGE decided that the
benefit of receiving this information would not justify the additional
filing burden. The regulatory exemption amounts refer to the total
value of the filer's financial interest in a particular matter, not
just the value of a particular asset. In addition, security values
fluctuate.
Two agencies asked that more blocks be added for the reporting of
liabilities in Part II. OGE included only two lines in order to shorten
the form. In addition, because the underlying confidential financial
disclosure regulation amendments that will become effective on January
1, 2007 include a significant expansion of the exceptions for reporting
liabilities, most filers will now have few, if any, liabilities to
report.
One agency noted that the most common error that employees make in
Part III on outside positions is to report, unnecessarily, their
official duty activities. This agency recommended that OGE add official
duty activities to the ``Do Not Report'' column in the instructions for
Part III. The ``Do Not Report'' column in Part III already includes the
instruction that a filer does not need to report ``any position that
you hold as part of your official duties.''
Another agency recommended that, in Part III, OGE change the
proposed column heading ``organization'' because it does not adequately
convey to filers that they must report their outside activities and
employment. Because the heading ``organization'' is used on the current
version of the form, and we have received no indication that it has
caused confusion, OGE has not accepted this recommendation.
One agency recommended the removal of the instruction in Part V
that filers need not report bequests and other forms of inheritance
that they receive. This agency's concern is that including this
instruction may lead filers to believe that they also are not required
to report their inherited assets in Part I. OGE does not believe it is
necessary to change this instruction as proposed.
Two agencies suggested that the proposed example illustrating the
requirement that a filer report his or her spouse's earned income on
Part I should include the employer's city and State. We have not
accepted this recommendation because this information is not required
by the regulation either in its current version or as amended effective
January 1, 2007. Although the city and State of the spouse's employer
appear in the example on the current version of the form, neither the
regulation nor the instructions on that form require that this
information be reported.
[[Page 54085]]
Availability and Timing
After it is finally updated and authorized for use next year, OGE
will make the modified OGE Form 450 available to departments and
agencies, and their reporting employees, through the Forms,
Publications & Other Ethics Documents section of OGE's Web site (http:/
/www.usoge.gov). We will maintain the current version of the form on
the OGE Web site for the remainder of 2006.
As noted above, OGE does not intend that the modified OGE Form 450
(once finalized) be utilized until 2007. OGE received from OMB an
extension of paperwork clearance for the current version of the report
form to allow its continued use for the remainder of 2006. Thus,
agencies should continue to have their new entrant confidential report
filers, including special Government employees filing such reports upon
their reappointment/redesignation or appointment anniversary dates, use
the current version of the form throughout 2006. After the forthcoming
final clearance of the new modified version of the OGE Form 450,
agencies should require both new entrant and annual incumbent
confidential report filers to use the new version of the form starting
in 2007.
Because of the introduction of the new form, filers will not be
required to file their annual incumbent reports by October 31, 2006.
Instead, OGE will require annual confidential filers to file the new
modified form with their agencies by the new filing deadline of
February 15, 2007. This first new report will incorporate a 15-month
reporting period (from October 2005 through December 2006) in order to
avoid any gap in reporting due to the transition from a fiscal year to
a calendar year basis for annual reporting. Thereafter, the new annual
confidential reports due each February will just cover the prior
calendar year.
The electronically fillable form will be provided in Adobe Acrobat
PDF format. It is specially encoded to allow the filer to save the
completed form on his or her computer just by using the free Adobe
Acrobat Reader software, available from Adobe via a link from the OGE
Web site.
Effect on Use of Alternative Reports and OGE Optional Form 450-A
Since 1992, various departments and agencies have developed, with
OGE review/approval, alternative reporting formats such as certificates
of no conflict for certain classes of employees. Other agencies provide
for additional disclosures pursuant to independent organic statutes and
in certain other circumstances when authorized by OGE. In 1997, OGE
itself developed the OGE Optional Form 450-A (Confidential Certificate
of No New Interests (Executive Branch)) for possible agency and
employee use in certain years, if applicable. That optional form
continues in use at various agencies. However, the OGE Form 450 remains
the uniform executive branch report form for most of those executive
branch employees required by their agencies to report confidentially on
their financial interests. Agencies may allow annual filers who meet
the requirements to file the OGE Form 450-A rather than the new OGE
Form 450 for this 15-month filing cycle.
Reporting Individuals
The OGE Form 450 is to be filed by each reporting individual with
the designated agency ethics official at the executive department or
agency where he or she is or will be employed. Reporting individuals
are regular employees whose positions have been designated by their
agency under 5 CFR 2634.904 (both the current regulation as codified
and the rule that will become effective in January 2007) as requiring
confidential financial disclosure in order to help avoid conflicts with
their assigned responsibilities. Under that section, all special
Government employees are also generally required to file. Agencies may,
if appropriate under the OGE regulation, exclude certain regular
employees or SGEs as provided in 5 CFR 2634.905 (Sec. 2634.904(b) of
the rule that will become effective in January 2007). Reports normally
are required to be filed within 30 days of entering a covered position
(or earlier if required by the agency concerned), and again annually if
the employee serves for more than 60 days in the position.
Most of the persons who file this report are current executive
branch Government employees at the time they complete their report.
However, some filers are private citizens who are asked by their
prospective agencies to file new entrant reports prior to entering
Government service in order to permit advance identification of any
potential conflicts of interest and resolution thereof by recusal,
divestiture, waiver, etc.
Reporting Burden
In the two first round paperwork notices for the proposed modified
form, the statistics OGE used to compute the reporting burden
mistakenly included filers of the OGE Form 450-A and of alternative
forms approved by OGE. Because the statistics should reflect the work
involved in completing the OGE Form 450 and not any variations of the
form, OGE is refining the statistics to reflect the reporting burden
pertaining to the OGE Form 450 only. Additionally, the prior first
round paperwork notices used statistics from calendar years 2002, 2003,
and 2004. This paperwork notice uses the figures from calendar years
2003, 2004, and 2005.
Based on OGE's annual agency ethics program questionnaire responses
for 2003 through 2005, OGE estimates that an average of approximately
246,131 OGE Form 450 reports will be filed each year for the next three
years throughout the executive branch. This estimate is based on the
number of OGE Form 450 reports filed branchwide for 2003 through 2005
(218,130 in 2003, 280,152 in 2004, and 240,111 in 2005) for a total of
738,393, with that number then divided by three and rounded, to give
the projected annual average of 246,131 OGE Form 450 reports. Of these
reports, OGE estimates that 7.65 percent, or some 18,829 per year, will
be filed by private citizens with departments and agencies throughout
the executive branch. Private citizen filers are those potential
(incoming) regular employees whose positions are designated for
confidential disclosure filing as well as potential special Government
employees whose agencies require that they file their new entrant
reports prior to assuming Government responsibilities. No termination
reports are required for the OGE Form 450.
Because the amount of information that must be reported on the
proposed modified form has been reduced, each filing is now estimated
to take an average of one hour to complete. This yields an annual
reporting burden of 18,829 hours.
Consideration of Comments
In this second round notice, public comment is again invited, this
time on the proposed further modified OGE Form 450 summarized in this
notice and available without charge from OGE upon request (see the FOR
FURTHER INFORMATION CONTACT section above). In accordance with the
Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), public comments
are invited specifically on the need for and practical utility of this
proposed modified collection of information, the accuracy of OGE's
burden estimate, the 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
[[Page 54086]]
all comments received, which will become a matter of public record.
Approved: September 6, 2006.
Robert I. Cusick,
Director, Office of Government Ethics.
[FR Doc. E6-15129 Filed 9-12-06; 8:45 am]
BILLING CODE 6345-02-P