Agency Information Collection Activities; Proposed Collection; Comment Request for Modified Qualified Trust Model Certificates and Model Trust Documents, 63073-63074 [2022-22544]
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Federal Register / Vol. 87, No. 200 / Tuesday, October 18, 2022 / Notices
information will have practical utility;
the accuracy of the estimate of the
burden of the proposed information
collection; ways to enhance the quality,
utility, and clarity of the information to
be collected; and ways to minimize the
burden of the information collection on
respondents, including the use of
automated collection techniques or
other forms of information technology.
OMB has approved this information
collection for use through April 30,
2023. DoD, GSA, and NASA propose
that OMB extend its approval for use for
three additional years beyond the
current expiration date.
DATES: DoD, GSA, and NASA will
consider all comments received by
December 19, 2022.
ADDRESSES: DoD, GSA, and NASA
invite interested persons to submit
comments on this collection through
https://www.regulations.gov and follow
the instructions on the site. This website
provides the ability to type short
comments directly into the comment
field or attach a file for lengthier
comments. If there are difficulties
submitting comments, contact the GSA
Regulatory Secretariat Division at 202–
501–4755 or GSARegSec@gsa.gov.
Instructions: All items submitted
must cite OMB Control No. 9000–0012,
Termination Settlement Proposal Forms
(SFs 1435–1440). Comments received
generally will be posted without change
to https://www.regulations.gov,
including any personal and/or business
confidential information provided. To
confirm receipt of your comment(s),
please check www.regulations.gov,
approximately two-to-three days after
submission to verify posting.
FOR FURTHER INFORMATION CONTACT:
Zenaida Delgado, Procurement Analyst,
at telephone 202–969–7207, or
zenaida.delgado@gsa.gov.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with NOTICES
A. OMB Control Number, Title, and
Any Associated Form(s)
9000–0012, Termination Settlement
Proposal Forms (SFs 1435–1440).
B. Need and Uses
This clearance covers the information
that contractors must submit to comply
with the following Federal Acquisition
Regulation requirements:
Standard Forms (SFs) 1435 through
1440. These termination settlement
proposal forms are used by all Executive
agencies, including DoD, for settling
terminated prime contracts and
subcontracts per FAR subpart 49.6,
Contract Termination Forms and
Formats. The forms provide a
standardized format for listing essential
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19:52 Oct 17, 2022
Jkt 259001
cost and inventory information needed
to support the terminated contractor’s
negotiated position.
The contracting officer uses the
collected information to determine or
support reimbursement costs upon
settlement of a terminated contract.
C. Annual Burden
Respondents: 4,862.
Total Annual Responses: 38,059.
Total Burden Hours: 91,342.
Obtaining Copies: Requesters may
obtain a copy of the information
collection documents from the GSA
Regulatory Secretariat Division by
calling 202–501–4755 or emailing
GSARegSec@gsa.gov. Please cite OMB
Control No. 9000–0012, Termination
Settlement Proposal Forms (SFs 1435–
1440).
Janet Fry,
Director, Federal Acquisition Policy Division,
Office of Governmentwide Acquisition Policy,
Office of Acquisition Policy, Office of
Governmentwide Policy.
[FR Doc. 2022–22609 Filed 10–17–22; 8:45 am]
BILLING CODE 6820–EP–P
OFFICE OF GOVERNMENT ETHICS
Agency Information Collection
Activities; Proposed Collection;
Comment Request for Modified
Qualified Trust Model Certificates and
Model Trust Documents
AGENCY:
Office of Government Ethics
(OGE).
Notice of request for agency and
public comments.
ACTION:
After this second round
notice and public comment period, the
U.S. Office of Government Ethics (OGE)
intends to submit modified versions of
the 12 OGE model certificates and
model documents for qualified trusts to
the Office of Management and Budget
(OMB) for review and approval under
the Paperwork Reduction Act of 1995.
Comments: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT:
Jennifer Matis at the U.S. Office of
Government Ethics; telephone: 202–
482–9216; TTY: 800–877–8339; Email:
jmatis@oge.gov. Copies of the model
documents as currently approved are
available on OGE’s website,
SUMMARY:
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Fmt 4703
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63073
www.oge.gov. Electronic copies of these
documents may also be obtained,
without charge, by contacting Ms. Matis.
SUPPLEMENTARY INFORMATION:
Title: Executive Branch Qualified
Trust Documents.
OMB Control Number: 3209–0007.
Type of Information Collection:
Revision of a currently approved
collection.
Type of Review Request: Regular.
Respondents: Any current or
prospective executive branch officials
who seek to establish or have
established a qualified blind or
diversified trust under the Ethics in
Government Act of 1978 as a means to
avoid conflicts of interest while in
office.
Estimated Average Annual Number of
Respondents: 2.
Total Estimated Time per Response:
20 minutes to 100 hours (see table
below for detailed explanation).
Estimated Average Total Annual
Burden: 120 hours.
Abstract: OGE is the supervising
ethics office for the executive branch of
the Federal Government under the
Ethics in Government Act of 1978
(EIGA). Accordingly, OGE administers
the qualified trust program for the
executive branch. Presidential nominees
to executive branch positions subject to
Senate confirmation and any other
executive branch officials may seek OGE
approval for EIGA-qualified blind or
diversified trusts as one means to avoid
conflicts of interest. The requirements
for EIGA-qualified blind and diversified
trusts are set forth in section 102(f) of
the Ethics in Government Act, 5 U.S.C.
app. § 102(f), and OGE’s implementing
financial disclosure regulations at
subpart D of 5 CFR part 2634.
In order to ensure that all applicable
requirements are met, OGE is the
sponsoring agency for 12 model
certificates and model trust documents
for qualified blind and diversified
trusts. See 5 CFR 2634.402(e)(3),
2634.402(f)(3), 2634.404(e)–(g),
2634.405(d)(2), 2634.407(a);
2634.408(b)(1)–(3), 2634.408(d)(4),
2634.409, and 2634.414. The various
model certificates and model trust
documents are used by settlors, trustees,
and other fiduciaries in establishing and
administering these qualified trusts.
OGE plans to submit these model
certificates and model trust documents
(described in detail in the table below)
to OMB for renewed approval pursuant
to the Paperwork Reduction Act of 1995,
44 U.S.C. chapter 35.
The 12 model documents, along with
their burden estimates, are as follows:
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63074
Federal Register / Vol. 87, No. 200 / Tuesday, October 18, 2022 / Notices
Model qualified trust documents
Estimated burden
khammond on DSKJM1Z7X2PROD with NOTICES
(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 Diversified 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) Hybrid Version of the Model Qualified Diversified Trust Provisions ...........................................................
(G) Model Qualified Blind 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) .........
(J) Model Confidentiality Agreement Provisions (For Use in the Case of Investment Management Activities).
(K) Certificate of Independence ........................................................................................................................
(L) Certificate of Compliance ............................................................................................................................
These estimates are based on the
amount of time imposed on professional
trust administrators or private
representatives. OGE notes that only one
set of the various model trust provisions
(items (B) through (H)) will be prepared
for a single qualified trust, and only
prior to the establishment of that
qualified trust. Likewise, other model
documents listed above are used in
connection with establishing the
qualified trust (items (I), (J), and (K)).
The remaining model documents are
used after the trust’s creation (items (A)
and (L)). Accordingly, OGE notes that
the majority of the time burden for any
given trust is imposed during the
creation of the trust.
At the present time, there are no
active qualified trusts in the executive
branch. However, OGE anticipates
possible limited use of these model
documents during the forthcoming
three-year period. OGE estimates that
there may be an average of one
individual per year who initiates a
qualified trust using these model
documents during calendar years 2023
through 2025. OGE has accordingly
estimated the average annual number of
respondents to be two, which represents
one respondent establishing a qualified
trust and one respondent maintaining a
previously established qualified trust.
Based on the above, OGE estimates an
average annual time burden during the
next three years of 120 hours. Using an
estimated rate of $300 per hour for the
services of a professional trust
administrator or private representative,
the estimated annual cost burden is
$36,000.
Under OMB’s implementing
regulations for the Paperwork Reduction
Act, any recordkeeping, reporting, or
disclosure requirement contained in a
rule of general applicability is deemed
to involve ten or more persons. See 5
CFR 1320.3(c)(4)(i). Therefore, OGE
intends to submit, after this second
round notice and comment period, all
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19:52 Oct 17, 2022
Jkt 259001
12 qualified trust model certificates and
model documents described above (all
of which are included under OMB
paperwork control number 3209–0007)
for a three-year extension of approval.
OGE is committed to making ethics
records publicly available to the extent
possible. The communications
documents and the confidentiality
agreements (items (A), (I) and (J) on the
table above), once completed, will not
be available to the public because they
contain sensitive, confidential
information. The other completed
certificates and 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 request
under section 105 of the EIGA until the
periods for retention of all other reports
(usually the OGE Form 278 Public
Financial Disclosure Reports) of the
individual establishing the trust have
lapsed (generally six years after the
filing of the last report). See 5 U.S.C.
app. 105; 5 CFR 2634.603(g)(2). The
information collected with these model
trust certificates and model trust
documents is part of the OGE/GOVT–1
Governmentwide Privacy Act system of
records.
In seeking an extension of approval,
OGE is proposing several
nonsubstantive changes to the 12
qualified trust certificates and model
documents.
First, OGE proposes updating the
dates in Document A (Blind Trust
Communications) to make them more
contemporary.
Second, OGE proposes replacing
‘‘OGE’’ and ‘‘the Office’’ with ‘‘the U.S.
Office of Government Ethics’’ to make
references to the agency consistent with
that of the actual model trust language.
Third, OGE proposes replacing
references to the Ethics in Government
Act of 1978 as ‘‘the Ethics Act’’ with
‘‘the Act’’ in order to maintain
consistency.
PO 00000
Frm 00052
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Sfmt 4703
20 minutes per communication.
100 hours per model.
100 hours per model.
100 hours per model.
100 hours per model.
100 hours per model.
100 hours per model.
100 hours per model.
2 hours per agreement.
2 hours per agreement.
20 minutes per certificate.
20 minutes per certificate.
Fourth, OGE proposes fixing a typo by
removing the period (.) following the
‘‘NW’’ in OGE’s address.
A Federal Register Notice with a 60day comment period soliciting
comments on this information
collection was published on July 22,
2022 (87 FR 43855). OGE did not
receive any comments in response.
Request for Comments: Agency and
public comment is invited specifically
on the need for and practical utility of
this information collection, on the
accuracy of OGE’s burden estimate, on
the enhancement of quality, utility, and
clarity of the information collected, and
on minimizing the burden to the public.
Comments received in response to this
notice will be summarized for, and may
be included with, the OGE request for
extension of OMB approval. The
comments will also become a matter of
public record.
Specifically, OGE seeks public
comment on the following:
• Do the model qualified blind trusts
provide sufficient direction to establish
a trust under the Qualified Trust
Program? If not, what provisions could
be clearer or what language should be
changed?
• Do the model qualified diversified
trusts provide sufficient direction to
establish a trust under the Qualified
Trust Program? If not, what provisions
could be clearer or what language
should be changed?
• Do the Additional Trust Documents
provide sufficient information for
individuals to comply with the
logistical requirements (e.g., procedure
for securing approval of proposed
communications) of the Qualified Trust
Program? If not, what provisions could
be clearer or what language should be
changed?
Approved: October 12, 2022.
Emory Rounds,
Director, Office of Government Ethics.
[FR Doc. 2022–22544 Filed 10–17–22; 8:45 am]
BILLING CODE 6345–03–P
E:\FR\FM\18OCN1.SGM
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Agencies
[Federal Register Volume 87, Number 200 (Tuesday, October 18, 2022)]
[Notices]
[Pages 63073-63074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22544]
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OFFICE OF GOVERNMENT ETHICS
Agency Information Collection Activities; Proposed Collection;
Comment Request for Modified Qualified Trust Model Certificates and
Model Trust Documents
AGENCY: Office of Government Ethics (OGE).
ACTION: Notice of request for agency and public comments.
-----------------------------------------------------------------------
SUMMARY: After this second round notice and public comment period, the
U.S. Office of Government Ethics (OGE) intends to submit modified
versions of the 12 OGE model certificates and model documents for
qualified trusts to the Office of Management and Budget (OMB) for
review and approval under the Paperwork Reduction Act of 1995.
Comments: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
FOR FURTHER INFORMATION CONTACT: Jennifer Matis at the U.S. Office of
Government Ethics; telephone: 202-482-9216; TTY: 800-877-8339; Email:
[email protected]. Copies of the model documents as currently approved are
available on OGE's website, www.oge.gov. Electronic copies of these
documents may also be obtained, without charge, by contacting Ms.
Matis.
SUPPLEMENTARY INFORMATION:
Title: Executive Branch Qualified Trust Documents.
OMB Control Number: 3209-0007.
Type of Information Collection: Revision of a currently approved
collection.
Type of Review Request: Regular.
Respondents: Any current or prospective executive branch officials
who seek to establish or have established a qualified blind or
diversified trust under the Ethics in Government Act of 1978 as a means
to avoid conflicts of interest while in office.
Estimated Average Annual Number of Respondents: 2.
Total Estimated Time per Response: 20 minutes to 100 hours (see
table below for detailed explanation).
Estimated Average Total Annual Burden: 120 hours.
Abstract: OGE is the supervising ethics office for the executive
branch of the Federal Government under the Ethics in Government Act of
1978 (EIGA). Accordingly, OGE administers the qualified trust program
for the executive branch. Presidential nominees to executive branch
positions subject to Senate confirmation and any other executive branch
officials may seek OGE approval for EIGA-qualified blind or diversified
trusts as one means to avoid conflicts of interest. The requirements
for EIGA-qualified blind and diversified trusts are set forth in
section 102(f) of the Ethics in Government Act, 5 U.S.C. app. Sec.
102(f), and OGE's implementing financial disclosure regulations at
subpart D of 5 CFR part 2634.
In order to ensure that all applicable requirements are met, OGE is
the sponsoring agency for 12 model certificates and model trust
documents for qualified blind and diversified trusts. See 5 CFR
2634.402(e)(3), 2634.402(f)(3), 2634.404(e)-(g), 2634.405(d)(2),
2634.407(a); 2634.408(b)(1)-(3), 2634.408(d)(4), 2634.409, and
2634.414. The various model certificates and model trust documents are
used by settlors, trustees, and other fiduciaries in establishing and
administering these qualified trusts. OGE plans to submit these model
certificates and model trust documents (described in detail in the
table below) to OMB for renewed approval pursuant to the Paperwork
Reduction Act of 1995, 44 U.S.C. chapter 35.
The 12 model documents, along with their burden estimates, are as
follows:
[[Page 63074]]
----------------------------------------------------------------------------------------------------------------
Model qualified trust documents Estimated burden
----------------------------------------------------------------------------------------------------------------
(A) Blind Trust Communications (Expedited Procedure 20 minutes per communication.
for Securing Approval of Proposed Communications).
(B) Model Qualified Blind Trust Provisions............ 100 hours per model.
(C) Model Qualified Diversified Trust Provisions...... 100 hours per model.
(D) Model Qualified Diversified Trust Provisions (For 100 hours per model.
Use in the Case of Multiple Fiduciaries).
(E) Model Qualified Blind Trust Provisions (For Use in 100 hours per model.
the Case of an Irrevocable Pre-Existing Trust).
(F) Hybrid Version of the Model Qualified Diversified 100 hours per model.
Trust Provisions.
(G) Model Qualified Blind Trust Provisions (For Use in 100 hours per model.
the Case of Multiple Fiduciaries).
(H) Model Qualified Diversified Trust Provisions (For 100 hours per model.
Use in the Case of an Irrevocable Pre-Existing Trust).
(I) Model Confidentiality Agreement Provisions (For 2 hours per agreement.
Use in the Case of a Privately Owned Business).
(J) Model Confidentiality Agreement Provisions (For 2 hours per agreement.
Use in the Case of Investment Management Activities).
(K) Certificate of Independence....................... 20 minutes per certificate.
(L) Certificate of Compliance......................... 20 minutes per certificate.
----------------------------------------------------------------------------------------------------------------
These estimates are based on the amount of time imposed on
professional trust administrators or private representatives. OGE notes
that only one set of the various model trust provisions (items (B)
through (H)) will be prepared for a single qualified trust, and only
prior to the establishment of that qualified trust. Likewise, other
model documents listed above are used in connection with establishing
the qualified trust (items (I), (J), and (K)). The remaining model
documents are used after the trust's creation (items (A) and (L)).
Accordingly, OGE notes that the majority of the time burden for any
given trust is imposed during the creation of the trust.
At the present time, there are no active qualified trusts in the
executive branch. However, OGE anticipates possible limited use of
these model documents during the forthcoming three-year period. OGE
estimates that there may be an average of one individual per year who
initiates a qualified trust using these model documents during calendar
years 2023 through 2025. OGE has accordingly estimated the average
annual number of respondents to be two, which represents one respondent
establishing a qualified trust and one respondent maintaining a
previously established qualified trust. Based on the above, OGE
estimates an average annual time burden during the next three years of
120 hours. Using an estimated rate of $300 per hour for the services of
a professional trust administrator or private representative, the
estimated annual cost burden is $36,000.
Under OMB's implementing regulations for the Paperwork Reduction
Act, any recordkeeping, reporting, or disclosure requirement contained
in a rule of general applicability is deemed to involve ten or more
persons. See 5 CFR 1320.3(c)(4)(i). Therefore, OGE intends to submit,
after this second round notice and comment period, all 12 qualified
trust model certificates and model documents described above (all of
which are included under OMB paperwork control number 3209-0007) for a
three-year extension of approval.
OGE is committed to making ethics records publicly available to the
extent possible. The communications documents and the confidentiality
agreements (items (A), (I) and (J) on the table above), once completed,
will not be available to the public because they contain sensitive,
confidential information. The other completed certificates and
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 request under section 105 of the
EIGA until the periods for retention of all other reports (usually the
OGE Form 278 Public Financial Disclosure Reports) of the individual
establishing the trust have lapsed (generally six years after the
filing of the last report). See 5 U.S.C. app. 105; 5 CFR
2634.603(g)(2). The information collected with these model trust
certificates and model trust documents is part of the OGE/GOVT-1
Governmentwide Privacy Act system of records.
In seeking an extension of approval, OGE is proposing several
nonsubstantive changes to the 12 qualified trust certificates and model
documents.
First, OGE proposes updating the dates in Document A (Blind Trust
Communications) to make them more contemporary.
Second, OGE proposes replacing ``OGE'' and ``the Office'' with
``the U.S. Office of Government Ethics'' to make references to the
agency consistent with that of the actual model trust language.
Third, OGE proposes replacing references to the Ethics in
Government Act of 1978 as ``the Ethics Act'' with ``the Act'' in order
to maintain consistency.
Fourth, OGE proposes fixing a typo by removing the period (.)
following the ``NW'' in OGE's address.
A Federal Register Notice with a 60-day comment period soliciting
comments on this information collection was published on July 22, 2022
(87 FR 43855). OGE did not receive any comments in response.
Request for Comments: Agency and public comment is invited
specifically on the need for and practical utility of this information
collection, on the accuracy of OGE's burden estimate, on the
enhancement of quality, utility, and clarity of the information
collected, and on minimizing the burden to the public. Comments
received in response to this notice will be summarized for, and may be
included with, the OGE request for extension of OMB approval. The
comments will also become a matter of public record.
Specifically, OGE seeks public comment on the following:
Do the model qualified blind trusts provide sufficient
direction to establish a trust under the Qualified Trust Program? If
not, what provisions could be clearer or what language should be
changed?
Do the model qualified diversified trusts provide
sufficient direction to establish a trust under the Qualified Trust
Program? If not, what provisions could be clearer or what language
should be changed?
Do the Additional Trust Documents provide sufficient
information for individuals to comply with the logistical requirements
(e.g., procedure for securing approval of proposed communications) of
the Qualified Trust Program? If not, what provisions could be clearer
or what language should be changed?
Approved: October 12, 2022.
Emory Rounds,
Director, Office of Government Ethics.
[FR Doc. 2022-22544 Filed 10-17-22; 8:45 am]
BILLING CODE 6345-03-P