[Federal Register: April 24, 1998 (Volume 63, Number 79)] [Notices] [Page 20411-20412] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr24ap98-72] ======================================================================= ----------------------------------------------------------------------- OFFICE OF GOVERNMENT ETHICS Proposed Extension and Clearance of Information Collections Under the Paperwork Reduction Act; Comment Request for the Updated Model Qualified Trust Certificates and Documents AGENCY: Office of Government Ethics (OGE). ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: After this first round notice and comment period, OGE plans to submit updated executive branch qualified trust model certificates and draft documents for three-year extension of Office of Management and Budget (OMB) approval under the Paperwork Reduction Act. In addition, OGE intends to submit, as part of the same overall package, a new set of model blind trust communications formats for paperwork review and approval for the first time. In all, a total of twelve OGE model certificates and documents are involved. DATES: Comments by the public and agencies on this proposed paperwork extension and clearance notice are invited and should be received by July 8, 1998. ADDRESSES: Comments should be sent to William E. Gressman, Associate General Counsel, Office of Government Ethics, Suite 500, 1201 New York Avenue, NW., Washington, DC 20005-3917. Comments may also be sent electronically to OGE's Internet E-mail address at usoge@oge.gov (for E-mail messages, the subject line should include the following reference--``Qualified trust model certificates and draft documents paperwork comment''). FOR FURTHER INFORMATION CONTACT: Mr. Gressman at the Office of Government Ethics; telephone: 202-208-8000, ext. 1110; TDD: 202-208- 8025; FAX: 202-208-8037. A copy of all of the draft updated model trust documents and certificates may be obtained, without charge, by contacting Mr. Gressman. SUPPLEMENTARY INFORMATION: The Office of Government Ethics, as the supervising ethics office for the executive branch of the Federal Government under the Ethics in Government Act of 1978 (the ``Ethics Act''), is the sponsoring agency for model certificates and draft 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. Approval of OGE can be sought by Presidential nominees to executive branch positions subject to Senate confirmation and any other executive branch officials for Ethics Act qualified blind or diversified trusts. The various model certificates and trust documents are utilized by OGE and settlors, trustees and other fiduciaries in establishing and administering the qualified trusts. The Office of Government Ethics is planning to submit, after this first round notice and comment period, updated versions of eleven qualified trust certificates and model documents (all included under OMB control number 3209-0007) for a three-year extension of approval by OMB under the Paperwork Reduction Act of 1995 (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 for the certificates and model documents is scheduled to expire at the end of August 1998. The proposed updating changes are minor improvements to the various forms that result from practice with the qualified trust program over the past several years. In addition, OGE has determined that a new twelfth model forms set, entitled Blind Trust Communications (Expedited Procedure for Securing Approval of Proposed Communications) and which consists of standard trustee reporting formats and instructions for communicating with OGE, will be of value in administering the Ethics Act qualified trust program. Accordingly, OGE will seek initial three-year paperwork approval therefor from OMB. Furthermore, OGE proposes to make a revision to the procedural paperwork notices to all of the model certificates and draft trust documents. Pursuant to the 1995 revisions to the Paperwork Reduction Act, OGE would add a statement to the model forms that an agency may not conduct or sponsor, and no person is required to respond to, a collection of information unless it displays a currently valid OMB control number. A parenthetical reference would also be made to the location of that number (on the top of the first page or in the heading of the various model documents). The caption of the public burden information section would be changed to indicate the inclusion of the Paperwork Reduction Act statement as well. In addition, OGE would add the OMB paperwork control number, 3209-0007, to the headings of the model certificates, as codified in appendixes A and B to part 2634. The various model trust certificates and documents as proposed to be modified are available to the public upon request as indicated in the ``For Further Information Contact'' section above. There are two categories of information collection requirements which OGE plans to submit, each with its own related reporting certificates or model documents which are subject to review and approval by OMB under the Paperwork Reduction Act (44 U.S.C. chapter 35). The OGE regulatory [[Page 20412]] citations for these two categories, together with identification of the forms used for their implementation, are as follows: i. Qualified trust administration--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 of 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--OGE will revise these appendixes as noted above in a final rule once OMB paperwork clearance for this overall package is obtained); and ii. Qualified trust drafting--5 CFR 2634.401(c)(1)(i) & (d)(2), 2634.403(b), 2634.404(c), 2634.408 and 2634.409 (the nine 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, OGE will seek a three-year extension of OMB paperwork approval for all of these certificates and documents, except for the new Blind Trust Communications set (item ii (A) above) as to which a first-time three-year paperwork clearance will be sought. Once completed, the new communications formats and, as now redetermined by OGE, the confidentiality agreements (items ii (I) and (J) above) would not be available to the public due to the fact that they contain sensitive, confidential information. All the other completed model trust certificates and draft documents are publicly available based upon proper Ethics Act request (by filling out an OGE Form 201 access form). The total annual public reporting burden represents the time involved for completing qualified trust certificates and documents drafts, which are processed by OGE. The burden is based on the amount of time imposed on private citizens. Virtually all filers/document users are private trust administrators and other private representatives who help to set up and maintain the qualified blind and diversified trusts. The detailed paperwork estimates below for the various trust certificates and model documents are based primarily on OGE's experience with administration of the qualified trust program. i. Trust Certificates: A. Certificate of Independence: Total filers (executive branch): 10; Private citizen filers (100%): 10; OGE-processed certificates (private citizens): 10; OGE burden hours (20 minutes/certificate): 3. B. Certificate of Compliance: Total filers (executive branch): 35; Private citizen filers (100%): 35; OGE-processed certificates (private citizens): 35; OGE burden hours (20 minutes/certificate): 12; and ii. Model Qualified Trust Drafts: A. Blind Trust Communications: Total Users (executive branch): 35; Private citizen users (100%): 35; OGE-processed drafts (private citizens): 210 (based on an average of six communications per user per year); OGE burden hours (20 minutes/communication): 70. B. Model Qualified Blind Trust Draft: Total Users (executive branch): 10; Private citizen users (100%): 10; OGE-processed drafts (private citizens): 10; OGE burden hours (100 hours/draft): 1,000. C. Model Qualified Diversified Trust Draft: Total users (executive branch): 15; Private citizen users (100%): 15; OGE-processed drafts (private citizens): 15; OGE burden hours (100 hours/draft): 1,500. D.-H. Each of the five remaining model qualified trust modified drafts involves: Total users (executive branch): 2; Private citizen users (100%): 2; OGE-processed drafts (private citizens): 2, multiplied by 5 (five different drafts) = 10; OGE burden hours (100 hours/draft): 200, multiplied by 5 (five different drafts) = 1,000. I.-J. Each of the two model confidentiality agreements involves: Total users (executive branch): 2; Private citizens users (100%): 2; OGE-processed agreements (private citizens): 2, multiplied by 2 (two different drafts) = 4; OGE burden hours (50 hours/agreement): 100, multiplied by 2 (two different drafts) = 200. Based on these estimates, the total number of forms expected annually at OGE is 294, with a cumulative total of 3,785 burden hours. Public comment is invited on each aspect of the model qualified trust certificates and trust document drafts, and underlying regulatory provisions, as set forth in this notice, including specifically 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 model qualified trust certificates and draft documents (as updated) and request for initial paperwork clearance for the new model communications package. The comments will also become a matter of public record. Approved: April 17, 1998. F. Gary Davis, Deputy Director, Office of Government Ethics. [FR Doc. 98-10889 Filed 4-23-98; 8:45 am] BILLING CODE 6345-01-U