Agency Information Collection Activities; Submission for OMB Review; Proposed Collection; Comment Request for Unmodified Qualified Trust Model Certificates and Model Trust Documents, 62780-62782 [E9-28782]
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portable NiMH batteries worldwide. The
Order also requires Sanyo to supply to
FDK sizes Sub C/D portable NiMH
batteries, which are the only sizes of
Sanyo’s portable NiMH batteries not
produced at the Takasaki plant and
account for a tiny fraction of Sanyo’s
overall portable NiMH sales. In addition
to the employees of the Takasaki plant,
who would automatically transfer to
FDK, the Order requires Sanyo to
provide FDK access to certain other key
Sanyo employees needed to successfully
operate the business. The Order also
requires Sanyo to transfer all
intellectual property necessary to make
and sell portable NiMH batteries,
including Sanyo patents and licenses
related to portable NiMH batteries. A
divestiture of Sanyo’s portable NiMH
assets will ensure that FDK has a full
line of high-quality portable NiMH
batteries, enabling it to compete
immediately with the merged entity.
The Commission has appointed Philip
Comerford, Jr., Managing Director of
ING Capital LLC and Head of the
Mergers & Acquisitions Group, as the
interim monitor to oversee the
divestiture of the NiMH battery
business. In order to ensure that the
Commission remains informed about
the status of the proposed divestitures,
the proposed Consent Agreement
requires the parties to file periodic
reports with the Commission until the
divestiture is accomplished.
If the Commission determines that
FDK is not an acceptable purchaser, or
the manner of the divestiture is not
acceptable, the parties must unwind the
sale to FDK and divest the portable
NiMH battery assets within six months
of the date the Order becomes final to
another Commission-approved acquirer.
If the parties fail to divest within six
months, the Commission may appoint a
trustee to divest the portable NiMH
battery assets.
The purpose of this analysis is to
facilitate public comment on the
Consent Agreement, and it is not
intended to constitute an official
interpretation of the proposed Decision
and Order or the Order To Maintain
Assets, or to modify their terms in any
way.
By direction of the Commission.
Donald S. Clark
Secretary.
[FR Doc. E9–28745 Filed 11–30–09: 8:45 am]
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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.
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 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 December 31, 2009.
ADDRESSES: Comments may be
submitted, identified by the title of the
information collection activity, to the
Office of Information and Regulatory
Affairs, Attn: Ms. Sharon Mar, OMB
Desk Officer for the Office of
Government Ethics, by any of the
following two methods within 30 days
from the date of publication in this
Federal Register:
FAX: 202–395–6974, Attn: Ms. Sharon
Mar, OMB Desk Officer for the Office of
Government Ethics;
E-mail: smar@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT: Paul
D. Ledvina, Records Officer, Office of
Government Ethics; Telephone: 202–
482–9247; TTY: 800–877–8339; 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 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 intends to submit,
shortly after this second round notice,
SUMMARY:
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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). 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 nameretrieved ethics program records),
including the addition of the three new
routine uses and the modification of one
of the existing routine uses. 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
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.
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.
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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)
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
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available based upon a proper Ethics
Act request (by filling out an OGE Form
201 access form) until the periods of
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 disclosure regulation.
Reporting Burden
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.
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.
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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 September 17, 2009, 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 74 FR 47799–47801.
OGE received only one response to that
notice, which was critical of the
Government, and provided no specific
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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: November 20, 2009.
Robert I. Cusick,
Director, Office of Government Ethics.
[FR Doc. E9–28782 Filed 11–30–09; 8:45 am]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
A. Purpose
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[OMB Control No. 9000–0101]
Federal Acquisition Regulation;
Submission for OMB Review; DrugFree Workplace
AGENCY: Department of Defense (DOD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Notice of reinstatement request
for an information collection
requirement regarding an existing OMB
clearance.
Under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35), the Federal
Acquisition Regulation (FAR)
Secretariat will be submitting to the
Office of Management and Budget
(OMB) a request to review and approve
a reinstatement of a previously
approved information collection
requirement concerning drug-free
workplace. A request for public
comments was published in the Federal
Register at 74 FR 27024 on June 5, 2009.
No comments were received.
Public comments are particularly
invited on: Whether this collection of
information is necessary for the proper
performance of functions of the FAR,
and whether it will have practical
utility; whether our estimate of the
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public burden of this collection of
information is accurate, and based on
valid assumptions and methodology;
ways to enhance the quality, utility, and
clarity of the information to be
collected; and ways in which we can
minimize the burden of the collection of
information on those who are to
respond, through the use of appropriate
technological collection techniques or
other forms of information technology.
DATES: Submit comments on or before
December 31, 2009.
ADDRESSES: Submit comments regarding
this burden estimate or any other aspect
of this collection of information,
including suggestions for reducing this
burden to the General Services
Administration, Regulatory Secretariat
(MVPR), 1800 F Street, NW., Room
4041, Washington, DC 20405. Please cite
OMB Control No. 9000–0101, Drug-Free
Workplace, in all correspondence.
FOR FURTHER INFORMATION CONTACT:
William Clark, Procurement Analyst,
Contract Policy Branch, GSA (202) 219–
1813 or e-mail William.clark@gsa.gov.
SUPPLEMENTARY INFORMATION:
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The FAR clause at FAR 52.223–6,
Drug-Free Workplace, requires (1)
contract employees to notify their
employer of any criminal drug statute
conviction for a violation occurring in
the workplace; and (2) Government
contractors, after receiving notice of
such conviction, to notify the
contracting officer.
The information provided to the
Government is used to determine
contractor compliance with the
statutory requirements to maintain a
drug-free workplace.
B. Annual Reporting Burden
Respondents: 600.
Responses per Respondent: 1.
Annual Responses: 600.
Hours per Response: .17.
Total Burden Hours: 102.
Obtaining Copies of Proposals:
Requesters may obtain a copy of the
information collection documents from
the General Services Administration,
Regulatory Secretariat (MVPR), 1800 F
Street, NW., Room 4041, Washington,
DC 20405, telephone (202) 501–4755.
Please cite OMB Control No. 9000–0101,
Drug-Free Workplace, in all
correspondence.
Dated: November 21, 2009.
Al Matera,
Director, Contract Policy Division.
[FR Doc. E9–28709 Filed 11–30–09; 8:45 am]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[OMB Control No. 9000–0032]
Federal Acquisition Regulation;
Information Collection; Contractor Use
of Interagency Motor Pool Vehicles
AGENCIES: Department of Defense (DOD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Notice of request for public
comments regarding a reinstatement to
an existing OMB clearance.
SUMMARY: Under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. chapter 35), the Regulatory
Secretariat will be submitting to the
Office of Management and Budget
(OMB) a request to review and approve
a reinstatement of a previously
approved information collection
requirement concerning Contractor Use
of Interagency Motor Pool Vehicles.
Public comments are particularly
invited on: Whether this collection of
information is necessary for the proper
performance of functions of the FAR,
and whether it will have practical
utility; whether our estimate of the
public burden of this collection of
information is accurate, and based on
valid assumptions and methodology;
ways to enhance the quality, utility, and
clarity of the information to be
collected; and ways in which we can
minimize the burden of the collection of
information on those who are to
respond, through the use of appropriate
technological collection techniques or
other forms of information technology.
DATES: Submit comments on or before
February 1, 2010.
ADDRESSES: Submit comments regarding
this burden estimate or any other aspect
of this collection of information,
including suggestions for reducing this
burden to: FAR Desk Officer, OMB,
Room 10102, NEOB, Washington, DC
20503, and a copy to the General
Services Administration, Regulatory
Secretariat (MVPR), 1800 F Street, NW.,
Room 4041, Washington, DC 20405.
Please cite OMB Control No. 9000–0032,
Contractor Use of Interagency Motor
Pool Vehicles, in all correspondence.
FOR FURTHER INFORMATION CONTACT:
Beverly Cromer, Procurement Analyst,
Contract Policy Branch, GSA (202) 501–
1448 or e-mail Beverly.cromer@gsa.gov.
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 74, Number 229 (Tuesday, December 1, 2009)]
[Notices]
[Pages 62780-62782]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28782]
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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 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 December 31, 2009.
ADDRESSES: Comments may be submitted, identified by the title of the
information collection activity, to the Office of Information and
Regulatory Affairs, Attn: Ms. Sharon Mar, OMB Desk Officer for the
Office of Government Ethics, by any of the following two methods within
30 days from the date of publication in this Federal Register:
FAX: 202-395-6974, Attn: Ms. Sharon Mar, OMB Desk Officer for the
Office of Government Ethics;
E-mail: smar@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT: Paul D. Ledvina, Records Officer,
Office of Government Ethics; Telephone: 202-482-9247; TTY: 800-877-
8339; 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 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 intends to
submit, shortly after this second round 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
three-year extension of approval by OMB under the Paperwork Reduction
Act (44 U.S.C. chapter 35). 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. 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 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.
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. 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.
[[Page 62781]]
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) 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 of 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 disclosure regulation.
Reporting Burden
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.
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 September 17, 2009, 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 74 FR
47799-47801. OGE received only one response to that notice, which was
critical of the Government, and provided no specific
[[Page 62782]]
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: November 20, 2009.
Robert I. Cusick,
Director, Office of Government Ethics.
[FR Doc. E9-28782 Filed 11-30-09; 8:45 am]
BILLING CODE 6345-03-P
