Proposed Collection; Comment Request for Unmodified Qualified Trust Model Certificates and Model Trust Documents, 47799-47801 [E9-22266]
Download as PDF
<![CDATA[
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
https://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]
=======================================================================
-----------------------------------------------------------------------
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 https://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
