Proposed Collection; Comment Request for Unmodified Qualified Trust Model Certificates and Model Trust Documents, 47799-47801 [E9-22266]

Download as PDF Federal Register / Vol. 74, No. 179 / Thursday, September 17, 2009 / Notices and reporting requirements, prepare reports, and to retrieve and supply payroll and leave information as required for Agency needs. DISCLOSURE TO CONSUMER REPORTING AGENCIES: cprice-sewell on DSK2BSOYB1PROD with NOTICES ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: We may disclose information in this system of records to other Government agencies, commercial or credit organizations, or to prospective employers to verify employment. We may disclose information in this system of records to Federal, State, and local taxing authorities concerning compensation to employees or to contractors; to the Office of Personnel Management, Department of the Treasury, Department of Labor, and other Federal agencies concerning pay, benefits, and retirement of employees; to Federal employees’ health benefits carriers concerning health insurance of employees; to financial organizations concerning employee savings account allotments and net pay to checking accounts; to State human resource offices administering unemployment compensation programs; to educational and training organizations concerning employee qualifications and identity for specific courses; and to heirs, executors, and legal representatives of beneficiaries. We may disclose information in this system of records to the Office of Child Support Enforcement, Administration for Children and Families, Department of Health and Human Services, Federal Parent Locator System (FPLS), and Federal Tax Offset System for use in locating individuals and identifying their income sources, to establish paternity, establish and modify orders of support, and for enforcement actions. We may disclose information in this system of records to the Office of Child Support Enforcement for release to the Social Security Administration for verifying Social Security numbers in connection with the operation of the FPLS by the Office of Child Support Enforcement. We may disclose information in this system of records to the Office of Child Support Enforcement for release to the Department of the Treasury to administer the Earned Income Tax Credit Program (section 32, Internal Revenue Code of 1986) and to verify a claim with respect to employment in a tax return. Additional routine uses are listed in the ‘‘General Statement of Routine Uses.’’ VerDate Nov<24>2008 14:35 Sep 16, 2009 Jkt 217001 We may disclose information from this system, under 5 U.S.C. 552a(b)(12), to consumer reporting agencies as defined in the Fair Credit Reporting Act, 15 U.S.C. 1681a(f), or the Federal Claims Collection Act of 1966, as amended, 31 U.S.C. 3701(a)(3), in accordance with 31 U.S.C. 3711(f). POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: We maintain records in file folders or on a computerized database. RETRIEVABILITY: Retrievable by name or Social Security number. SAFEGUARDS: Access is limited to those whose official duties require access. File cabinets and rooms are locked during non-duty hours. Computers are protected by firewalls and passwords. RETENTION AND DISPOSAL: In accordance with National Archives and Records Administration General Records schedule requirements. 47799 Dated: September 11, 2009. Roland E. Smith, Secretary, Farm Credit Administration Board. [FR Doc. E9–22361 Filed 9–16–09; 8:45 am] BILLING CODE 6705–01–P FEDERAL COMMUNICATIONS COMMISSION Performance Review Board As required by the Civil Service Reform Act of 1978 (Pub. L. 95–454), Chairman Julius Genachowski appointed the following executives to the Performance Review Board (PRB): Mary Beth Richards, Julius Knapp and Ruth Milkman. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E9–22404 Filed 9–16–09; 8:45 am] BILLING CODE 6712–01–P OFFICE OF GOVERNMENT ETHICS Proposed Collection; Comment Request for Unmodified Qualified Trust Model Certificates and Model Trust Documents SYSTEM MANAGER(S) AND ADDRESS: AGENCY: Director, Office of Management Services, Farm Credit Administration, McLean, VA 22102–5090. Office of Government Ethics (OGE). NOTIFICATION PROCEDURE: Direct all inquiries about this system of records to: Privacy Act Officer, Farm Credit Administration, McLean, VA 22102–5090. RECORD ACCESS PROCEDURES: To obtain a record, contact: Privacy Act Officer, Farm Credit Administration, 1501 Farm Credit Drive, McLean, VA 22102–5090, as provided in 12 CFR part 603. CONTESTING RECORD PROCEDURES: Direct requests for amendments to a record to: Privacy Act Officer, Farm Credit Administration, 1501 Farm Credit Drive, McLean, VA 22102–5090, as provided in 12 CFR part 603. RECORD SOURCE CATEGORIES: Information in this system of records either comes from the individual to whom it applies or comes from information supplied by Agency officials. FCA employee on whom the record is maintained. FCA employees who approve the records. EXEMPTIONS CLAIMED FOR THE SYSTEM: None. PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 ACTION: Notice. SUMMARY: The Office of Government Ethics is publishing this first round notice and seeking 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 for three 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 November 16, 2009. ADDRESSES: You may submit comments to OGE on this paperwork notice by any of the following methods: E-mail: usoge@oge.gov. (Include reference to ‘‘Qualified trust model certificates and model trust documents paperwork comment’’ in the subject line of the message). Fax: 202–482–9237. Mail, Hand Delivery/Courier: Office of Government Ethics, Suite 500, 1201 E:\FR\FM\17SEN1.SGM 17SEN1 cprice-sewell on DSK2BSOYB1PROD with NOTICES 47800 Federal Register / Vol. 74, No. 179 / Thursday, September 17, 2009 / Notices New York Avenue, NW., Washington, DC 20005–3917, Attention: Paul D. Ledvina, Records Officer. FOR FURTHER INFORMATION CONTACT: Mr. Ledvina at the Office of Government Ethics; telephone: 202–482–9247; TTY: 800–877–8339; Fax: 202–482–9237; Email: pledvina@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 as one set of OGE publications through the 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 is planning to submit, after this first round notice and comment period, 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 three-year extension of approval by OMB under the Paperwork Reduction Act (44 U.S.C. chapter 35). At that time, OGE will publish a second paperwork notice in the Federal Register to inform the public and the agencies. The current paperwork approval, last granted by OMB in 2007, for the model certificates and model trust documents is scheduled to expire at the end of October 2009. OGE is proposing no changes to the twelve qualified trust certificates and model documents at this time. In 2003, OGE updated the OGE/ GOVT–1 system of records notice (covering SF 278 Public Financial Disclosure Reports and other nameretrieved ethics program records), including the revision of one of the existing routine uses and the addition of the three new routine uses. 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 three 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. OGE is the supervising ethics office for the executive branch of the Federal Government under the Ethics in VerDate Nov<24>2008 14:35 Sep 16, 2009 Jkt 217001 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. There are two categories of information collection requirements that OGE plans to submit for renewed paperwork approval, each with its own related reporting model certificates or model trust documents which are subject to paperwork review and approval by OMB. The OGE regulatory citations for these two categories, together with identification of the forms used for their implementation, are as follows: i. Qualified trust certifications—5 CFR 2634.401(d)(2), 2634.403(b)(11), 2634.404(c)(11), 2634.406(a)(3) 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) PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 Model Confidentiality Agreement Provisions (For Use in the Case of a Privately Owned Business); and (J) Model Confidentiality Agreement Provisions (For Use in the Case of Investment Management Activities). 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 retained and made publicly available based upon a proper Ethics Act request (by filling out an OGE Form 201 access form) until the periods for retention of all other reports (usually the SF 278 Public Financial Disclosure Reports) of the individual establishing the trust have lapsed (generally six years after the filing of the last other report). See 5 CFR 2634.603(g)(2) of OGE’s executive branch financial disclosure regulation. The Office of Government Ethics administers the qualified trust program for the executive branch. At the present time, there are no active filers using the trust model certificates and documents, in part reflecting the routine departure of high-level filers from the previous Administration. However, OGE intends to submit to OMB a request for extension of approval for two reasons. First, under OMB’s implementing regulations for the Paperwork Reduction Act, at 5 CFR 1320.3(c)(4)(i), any recordkeeping, reporting or disclosure requirement contained in a sponsoring agency rule of general applicability is deemed to meet the minimum threshold of ten or more persons. Second, OGE does anticipate possible limited use of these forms during the forthcoming three-year period 2010–2012. Therefore, the estimated burden figures, representing branchwide implementation of the forms, will remain the same as previously reported by OGE in its prior first and second round paperwork renewal notice for the trust forms in 2007 (72 FR 27132–27134 (May 14, 2007) and 72 FR 46489–46490 (August 20, 2007)). The estimate 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. E:\FR\FM\17SEN1.SGM 17SEN1 Federal Register / Vol. 74, No. 179 / Thursday, September 17, 2009 / Notices cprice-sewell on DSK2BSOYB1PROD with NOTICES 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 such 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 possible 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. Public comment is invited on each aspect of the model qualified trust certificates and model trust documents, and underlying regulatory provisions, as set forth in this notice, including specific views on the need for and practical utility of this set of collections of information, the accuracy of OGE’s burden estimate, the potential for enhancement of quality, utility and clarity of the information collected, and the minimization of burden (including the use of information technology). Comments received in response to this notice will be summarized for, and may be included with, the OGE request for extension of the OMB paperwork approval for the set of the various existing qualified trust model certificates, the model communications package, and the model trust documents. The comments will also become a matter of public record. Approved: September 4, 2009. Robert I. Cusick, Director, Office of Government Ethics. [FR Doc. E9–22266 Filed 9–16–09; 8:45 am] BILLING CODE 6345–03–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Indian Health Service Request for Public Comment: 60–Day Proposed Information Collection: Indian Health Service Contract Health Services Report AGENCY: Notice. SUMMARY: In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 which requires a 60-day advance opportunity for public comment on the proposed information collection project, the Indian Health Service (IHS) is publishing for comment a summary of a proposed information collection to be submitted to the Office of Management and Budget (OMB) for review. Proposed Collection: Title: 0917– 0002, ‘‘Indian Health Service Contract Health Services Report.’’ Type of Information Collection Request: Three year renewal, with change of currently approved information collection, 0917– 0002, ‘‘Indian Health Service Contract Health Services Report’’ Form Number(s): IHS–843–1A. Reporting formats are contained in an IHS Contract Health Services Manual Exhibit and IHS Web site. Need and Use of Information Collection: The IHS Contract Health Services Program needs this information to certify that the health care services requested and authorized by the IHS have been performed by the Contract Health Services provider(s); to have providers validate services provided; to process payments for health care services performed by such providers; and to serve as a legal document for health and medical care authorized by IHS and rendered by health care providers under contract with the IHS. Affected Public: Patients, health and medical care providers or Tribal Governments. Type of Respondents: Health and medical care providers. The table below provides: Types of data collection instruments, Estimated number of respondents, Number of responses per respondent, Annual number of responses, Average burden hour per response, and Total annual burden hours. Indian Health Service. Estimated number of respondents Data collection instrument(s) ACTION: IHS–843–1A ......................................................................... IDS** .................................................................................... Total .............................................................................. 7,424 15,157 22,581 Responses per respondent Annual number of responses Average burden hour per response* 51 1 ........................ 326,145 15,157 ........................ 0.05 (3 mins) 0.05 (3 mins) ........................ * For ease of understanding, burden hours are also provided in actual minutes. ** Inpatient Discharge Summary (IDS) VerDate Nov<24>2008 14:35 Sep 16, 2009 Jkt 217001 PO 00000 47801 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\17SEN1.SGM 17SEN1 Total annual burden hours 16,307 757 17,064

Agencies

[Federal Register Volume 74, Number 179 (Thursday, September 17, 2009)]
[Notices]
[Pages 47799-47801]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22266]


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OFFICE OF GOVERNMENT ETHICS


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 first round 
notice and seeking 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 for three 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 November 16, 2009.

ADDRESSES: You may submit comments to OGE on this paperwork notice by 
any of the following methods:
    E-mail: usoge@oge.gov. (Include reference to ``Qualified trust 
model certificates and model trust documents paperwork comment'' in the 
subject line of the message).
    Fax: 202-482-9237.
    Mail, Hand Delivery/Courier: Office of Government Ethics, Suite 
500, 1201

[[Page 47800]]

New York Avenue, NW., Washington, DC 20005-3917, Attention: Paul D. 
Ledvina, Records Officer.

FOR FURTHER INFORMATION CONTACT: Mr. Ledvina at the Office of 
Government Ethics; telephone: 202-482-9247; TTY: 800-877-8339; Fax: 
202-482-9237; E-mail: pledvina@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 as one set of OGE publications through the 
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 is planning 
to submit, after this first round notice and comment period, 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 three-year extension of approval by OMB under the Paperwork 
Reduction Act (44 U.S.C. chapter 35). At that time, OGE will publish a 
second paperwork notice in the Federal Register to inform the public 
and the agencies. The current paperwork approval, last granted by OMB 
in 2007, for the model certificates and model trust documents is 
scheduled to expire at the end of October 2009. OGE is proposing no 
changes to the twelve qualified trust certificates and model documents 
at this time.
    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 revision of one of the 
existing routine uses and the addition of the three new routine uses. 
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 three 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.
    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. Sec.  102(f), and OGE's implementing financial disclosure 
regulations at subpart D of 5 CFR part 2634. The various model 
certificates and model trust documents are utilized by OGE and 
settlors, trustees and other fiduciaries in establishing and 
administering these qualified trusts.
    There are two categories of information collection requirements 
that OGE plans to submit for renewed paperwork approval, each with its 
own related reporting model certificates or model trust documents which 
are subject to paperwork review and approval by OMB. The OGE regulatory 
citations for these two categories, together with identification of the 
forms used for their implementation, are as follows:
    i. Qualified trust certifications--5 CFR 2634.401(d)(2), 
2634.403(b)(11), 2634.404(c)(11), 2634.406(a)(3) 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) 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 retained and made 
publicly available based upon a proper Ethics Act request (by filling 
out an OGE Form 201 access form) until the periods for retention of all 
other reports (usually the SF 278 Public Financial Disclosure Reports) 
of the individual establishing the trust have lapsed (generally six 
years after the filing of the last other report). See 5 CFR 
2634.603(g)(2) of OGE's executive branch financial disclosure 
regulation.
    The Office of Government Ethics administers the qualified trust 
program for the executive branch. At the present time, there are no 
active filers using the trust model certificates and documents, in part 
reflecting the routine departure of high-level filers from the previous 
Administration. However, OGE intends to submit to OMB a request for 
extension of approval for two reasons. First, under OMB's implementing 
regulations for the Paperwork Reduction Act, at 5 CFR 1320.3(c)(4)(i), 
any recordkeeping, reporting or disclosure requirement contained in a 
sponsoring agency rule of general applicability is deemed to meet the 
minimum threshold of ten or more persons. Second, OGE does anticipate 
possible limited use of these forms during the forthcoming three-year 
period 2010-2012. Therefore, the estimated burden figures, representing 
branchwide implementation of the forms, will remain the same as 
previously reported by OGE in its prior first and second round 
paperwork renewal notice for the trust forms in 2007 (72 FR 27132-27134 
(May 14, 2007) and 72 FR 46489-46490 (August 20, 2007)). The estimate 
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.

[[Page 47801]]

    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 such 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 possible 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.
    Public comment is invited on each aspect of the model qualified 
trust certificates and model trust documents, and underlying regulatory 
provisions, as set forth in this notice, including specific views on 
the need for and practical utility of this set of collections of 
information, the accuracy of OGE's burden estimate, the potential for 
enhancement of quality, utility and clarity of the information 
collected, and the minimization of burden (including the use of 
information technology).
    Comments received in response to this notice will be summarized 
for, and may be included with, the OGE request for extension of the OMB 
paperwork approval for the set of the various existing qualified trust 
model certificates, the model communications package, and the model 
trust documents. The comments will also become a matter of public 
record.

    Approved: September 4, 2009.
Robert I. Cusick,
Director, Office of Government Ethics.
[FR Doc. E9-22266 Filed 9-16-09; 8:45 am]
BILLING CODE 6345-03-P