Agency Information Collection Activities; Submission for OMB Review; Proposed Collection; Comment Request for Unmodified Qualified Trust Model Certificates and Model Trust Documents, 46489-46490 [E7-16305]

Download as PDF Federal Register / Vol. 72, No. 160 / Monday, August 20, 2007 / Notices vary considerably, based on industry input staff estimates that the average cost of each Buyers Guide is 20 cents. Buyers Guides for the 28,029,000 used cars sold by dealers in 2006 would cost approximately $5,606,000. In making this estimate, staff conservatively assumes that all dealers will purchase preprinted forms instead of producing them internally, although dealers may produce them at minimal expense using current office automation technology. Capital and start-up costs associated with the Rule are minimal. William Blumenthal, General Counsel. [FR Doc. E7–16239 Filed 8–17–07: 8:45 am] BILLING CODE: 6750–01–S OFFICE OF GOVERNMENT ETHICS Agency Information Collection Activities; Submission for OMB Review; Proposed Collection; Comment Request for Unmodified Qualified Trust Model Certificates and Model Trust Documents AGENCY: certificates of independence and compliance for qualified trusts are codified in appendixes A, B, and C to 5 CFR part 2634. Copies of the model trust documents are available through the Forms, Publications & Other Ethics Documents section of OGE’s Web site at http://www.usoge.gov. Copies of the qualified trust model certificates and the model trust documents may also be obtained, without charge, by contacting Mr. Ledvina. SUPPLEMENTARY INFORMATION: The Office of Government Ethics intends to submit, shortly after this notice, all twelve qualified trust model certificates and model documents described below (all of which are included under OMB paperwork control number 3209–0007) for a two-year extension of approval by OMB under the Paperwork Reduction Act (44 U.S.C. chapter 35). The current paperwork approval for the model certificates and model trust documents is scheduled to expire at the end of September 2007. OGE is proposing no changes to the twelve qualified trust certificates and model trust documents at this time. Office of Government Ethics Privacy Act Statement In 2003, OGE updated the OGE/ ACTION: Notice. GOVT–1 system of records notice (covering SF 278 Public Financial SUMMARY: The Office of Government Disclosure Reports and other nameEthics is publishing this second round retrieved ethics program records), notice and requesting comment on the including the addition of the three new twelve executive branch OGE model routine uses and the modification of one certificates and model documents for of the existing routine uses (the seventh qualified trusts. OGE intends to submit one listed on the model trust forms). See these forms for extension of approval 68 FR 3097–3109 (January 22, 2003), as (up to two years) by the Office of corrected at 68 FR 24744 (May 8, 2003). Management and Budget (OMB) under As a result, the Privacy Act Statement the Paperwork Reduction Act. OGE is on each of the qualified trust model proposing no changes to these forms at this time. As in the past, OGE will notify certificates and documents, which includes paraphrases of the routine filers of an update to the privacy uses, is affected. OGE has not information contained in the existing incorporated this update into the forms, and will post a notification qualified trust model certificates and thereof on its Web site. documents at this time, since a more DATES: Written comments by the public thorough revision of these information and the agencies on this proposed collections is planned within the next extension are invited and must be two years. Upon distribution of the trust received by September 19, 2007. model certificates and documents, OGE ADDRESSES: Comments should be sent to will continue to inform users of the Brenda Aguilar, OMB Desk Officer for update to the Privacy Act Statement. OGE, Office of Information and OGE will also post a notification thereof Regulatory Affairs, Office of on its Web site to accompany the model Management and Budget, New certificates and documents. Executive Office Building, Room 10235, Model Trust Form Users Washington, DC 20503; Telephone: 202–395–7316; FAX: 202–395–6974. OGE is the supervising ethics office FOR FURTHER INFORMATION CONTACT: Paul for the executive branch of the Federal D. Ledvina, Records Officer, Information Government under the Ethics in Government Act of 1978 (Ethics Act). Resources Management Division at the Presidential nominees to executive Office of Government Ethics; branch positions subject to Senate Telephone: 202–482–9281; TDD: 202– confirmation and any other executive 482–9293; FAX: 202–482–9237; E-mail: branch officials may seek OGE approval pdledvin@oge.gov. The model pwalker on PROD1PC71 with NOTICES (OGE). VerDate Aug<31>2005 16:53 Aug 17, 2007 Jkt 211001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 46489 for Ethics Act qualified blind or diversified trusts as one means 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. Model Trust Forms and Documents There are two categories of information collection requirements that OGE plans to submit for renewed paperwork approval, each with its own related reporting model trust 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) and (b), 2634.408, 2634.409 and appendixes A and 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) and (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) E:\FR\FM\20AUN1.SGM 20AUN1 46490 Federal Register / Vol. 72, No. 160 / Monday, August 20, 2007 / Notices pwalker on PROD1PC71 with NOTICES Model Confidentiality Agreement Provisions (For Use in the Case of Investment Management Activities). As noted above, blank copies of each of these model documents are posted on OGE’s Web site. The communications formats and the confidentiality agreements (items ii. (A), (I) and (J) above), once completed, 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 (by filling out an OGE Form 201 access form). Reporting Burden The Office of Government Ethics administers the qualified trust program for the executive branch. Therefore, the estimated burden figures provided below represent branchwide implementation of the forms. The estimated hour burden, which remains the same as last indicated by OGE in its prior second round paperwork renewal notice in 2005 (70 FR 31471–31472 June 1, 2005), is based on the amount of time imposed on a trust administrator or private representative. i. Trust Certificates: A. Certificate of Independence: Total filers (executive branch): 5; private citizen filers (100%): 5; private citizen burden hours (20 minutes/certificate): 2. B. Certificate of Compliance: Total filers (executive branch): 10; private citizen filers (100%): 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; communications 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; private citizen burden hours (100 hours/model): 200. C. Model Qualified Diversified Trust: Total users (executive branch): 1; private citizen users (100%): 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; private citizen burden hours (100 hours/model): 200. I.–J. Of the two model confidentiality agreements: total users (executive VerDate Aug<31>2005 16:53 Aug 17, 2007 Jkt 211001 branch): 1; private citizen users (100%): 1; private citizen burden hours (50 hours/agreement): 50. However, the total annual reporting hour burden on filers themselves is zero and not the 563 hours estimated above because OGE’s estimating methodology reflects 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, therefore incur no hour burden. The 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 an average of five active trusts anticipated to be under administration for each of the next two years 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 continuing to report to OMB the full $1,000,000 estimate for paperwork clearance purposes. Consideration of Comments On May 14, 2007, OGE published a first round notice of its intent to request paperwork clearance for the proposed unmodified qualified trust certificates and model trust documents. See 72 FR 27132–27134. OGE received only one response to that notice, which was critical of the Government, and provided no specific comment about the proposed renewal of these documents. In this second notice, public comment is again invited on the 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 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 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: August 13, 2007. Robert I. Cusick, Director, Office of Government Ethics. [FR Doc. E7–16305 Filed 8–17–07; 8:45 am] BILLING CODE 6345–02–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Submission for OMB Review; Comment Request Title: Case Plan Requirement, Section 422, 471(a)(16), 475(1) and 475(5)(A) of the Social Security Act. OMB No.: 0980–0140. Description: The Administration for Children and Families (ACF) is requesting authority to renew an existing information collection that is expiring October 31, 2007. The collection of information for the case plan requirement is authorized by titles IV–B, Section 422 (42 U.S.C. 422), and IV–E, Sections 471 and 475 (42 U.S.C. 471 and 475) of the Social Security Act (the Act). States must develop State plans for both titles IV–B and IV–E that are approved by the Secretary, U.S. Department of Health and Human Services. Both plans require that States maintain a case review system that periodically reviews case plans developed for each child receiving services under the Act. Title IV–B provides for child welfare services funding and title IV–E provides for foster care maintenance payments for eligible children. Sections 422(b)(2) and (8)(A)(ii) of the Act require States to coordinate services and assistance under Federal programs, including titles IV–B and IV–E, and to ensure that States are operating a case review system that meets the requirements of section 475(5) of the Act. Title IV–E funding, Section 471(a) of the Act, requires that State plans provide for the development of a case plan for each child receiving foster care maintenance payments and provide for a case review system that meets the requirements described in section 475(5)(B) of the Act with respect to each child. The case plan is a written document that provides a narrative description of the child-specific program of care that addresses the needs of each child E:\FR\FM\20AUN1.SGM 20AUN1

Agencies

[Federal Register Volume 72, Number 160 (Monday, August 20, 2007)]
[Notices]
[Pages 46489-46490]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-16305]


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OFFICE OF GOVERNMENT ETHICS


Agency Information Collection Activities; Submission for OMB 
Review; Proposed Collection; 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 is publishing this second 
round notice and requesting comment on the twelve executive branch OGE 
model certificates and model documents for qualified trusts. OGE 
intends to submit these forms for extension of approval (up to two 
years) by the Office of Management and Budget (OMB) under the Paperwork 
Reduction Act. OGE is proposing no changes to these forms at this time. 
As in the past, OGE will notify filers of an update to the privacy 
information contained in the existing forms, and will post a 
notification thereof on its Web site.

DATES: Written comments by the public and the agencies on this proposed 
extension are invited and must be received by September 19, 2007.

ADDRESSES: Comments should be sent to Brenda Aguilar, 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 at the Office of Government 
Ethics; Telephone: 202-482-9281; TDD: 202-482-9293; FAX: 202-482-9237; 
E-mail: pdledvin@oge.gov. The model certificates of independence and 
compliance for qualified trusts are codified in appendixes A, B, and C 
to 5 CFR part 2634. Copies of the model trust documents are available 
through the Forms, Publications & Other Ethics Documents section of 
OGE's Web site at http://www.usoge.gov. Copies of the qualified trust 
model certificates and the model trust documents may also be obtained, 
without charge, by contacting Mr. Ledvina.

SUPPLEMENTARY INFORMATION: The Office of Government Ethics intends to 
submit, shortly after this notice, all twelve qualified trust model 
certificates and model documents described below (all of which are 
included under OMB paperwork control number 3209-0007) for a two-year 
extension of approval by OMB under the Paperwork Reduction Act (44 
U.S.C. chapter 35). The current paperwork approval for the model 
certificates and model trust documents is scheduled to expire at the 
end of September 2007. OGE is proposing no changes to the twelve 
qualified trust certificates and model trust documents at this time.

Privacy Act Statement

    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 and the modification of one of the existing routine 
uses (the seventh one listed on the model trust forms). See 68 FR 3097-
3109 (January 22, 2003), as corrected at 68 FR 24744 (May 8, 2003). As 
a result, the Privacy Act Statement on each of the qualified trust 
model certificates and documents, which includes paraphrases of the 
routine uses, is affected. OGE has not incorporated this update into 
the qualified trust model certificates and documents at this time, 
since a more thorough revision of these information collections is 
planned within the next two years. Upon distribution of the trust model 
certificates and documents, OGE will continue to inform users of the 
update to the Privacy Act Statement. OGE will also post a notification 
thereof on its Web site to accompany the model certificates and 
documents.

Model Trust Form Users

    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 as one means 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.

Model Trust Forms and Documents

    There are two categories of information collection requirements 
that OGE plans to submit for renewed paperwork approval, each with its 
own related reporting model trust 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) and (b), 2634.408, 
2634.409 and appendixes A and 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) and (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)

[[Page 46490]]

Model Confidentiality Agreement Provisions (For Use in the Case of 
Investment Management Activities). As noted above, blank copies of each 
of these model documents are posted on OGE's Web site.
    The communications formats and the confidentiality agreements 
(items ii. (A), (I) and (J) above), once completed, 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 (by filling out an OGE Form 201 access 
form).

Reporting Burden

    The Office of Government Ethics administers the qualified trust 
program for the executive branch. Therefore, the estimated burden 
figures provided below represent branchwide implementation of the 
forms. The estimated hour burden, which remains the same as last 
indicated by OGE in its prior second round paperwork renewal notice in 
2005 (70 FR 31471-31472 June 1, 2005), is based on the amount of time 
imposed on a trust administrator or private representative.
    i. Trust Certificates:
    A. Certificate of Independence: Total filers (executive branch): 5; 
private citizen filers (100%): 5; private citizen burden hours (20 
minutes/certificate): 2.
    B. Certificate of Compliance: Total filers (executive branch): 10; 
private citizen filers (100%): 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; communications 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; private citizen burden hours (100 
hours/model): 200.
    C. Model Qualified Diversified Trust: Total users (executive 
branch): 1; private citizen users (100%): 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; 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; private citizen 
burden hours (50 hours/agreement): 50.
    However, the total annual reporting hour burden on filers 
themselves is zero and not the 563 hours estimated above because OGE's 
estimating methodology reflects 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, 
therefore incur no hour burden. The 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 an average of five active trusts anticipated to be under 
administration for each of the next two years 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 continuing to report to OMB the full 
$1,000,000 estimate for paperwork clearance purposes.

Consideration of Comments

    On May 14, 2007, OGE published a first round notice of its intent 
to request paperwork clearance for the proposed unmodified qualified 
trust certificates and model trust documents. See 72 FR 27132-27134. 
OGE received only one response to that notice, which was critical of 
the Government, and provided no specific comment about the proposed 
renewal of these documents.
    In this second notice, public comment is again invited on the 
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: August 13, 2007.
Robert I. Cusick,
Director, Office of Government Ethics.
[FR Doc. E7-16305 Filed 8-17-07; 8:45 am]
BILLING CODE 6345-02-P