[Federal Register Volume 63, Number 211 (Monday, November 2, 1998)]
[Rules and Regulations]
[Pages 58619-58620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29309]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 63, No. 211 / Monday, November 2, 1998 / 
Rules and Regulations  

[[Page 58619]]


-----------------------------------------------------------------------

OFFICE OF GOVERNMENT ETHICS

5 CFR Part 2634

RIN 3209-AA00


Paperwork Revisions to Model Qualified Trust Certificates of 
Independence and Compliance

AGENCY: Office of Government Ethics (OGE).

ACTION: Final rule; technical amendments.

-----------------------------------------------------------------------

SUMMARY: The Office of Government Ethics is revising the model 
qualified trust certificates of independence and compliance, as 
codified in appendixes to its executive branchwide financial disclosure 
regulations, to make certain necessary paperwork revisions and a few 
other minor updating changes.

EFFECTIVE DATE: November 2, 1998.

FOR FURTHER INFORMATION CONTACT: William E. Gressman, Associate General 
Counsel, Office of Government Ethics, telephone: 202-208-8000, 
extension 1110; TDD: 202-208-8025; FAX: 202-208-8037.

SUPPLEMENTARY INFORMATION: In this rulemaking, OGE is making paperwork-
related revisions to appendixes A, B and C of its executive branchwide 
financial disclosure regulation codified at 5 CFR part 2634. Those 
appendixes set forth the certificates of independence and compliance 
for qualified blind and qualified diversified trusts under the Ethics 
in Government Act of 1978, 5 U.S.C. appendix. The Office of Government 
Ethics is adding the paperwork control number--3209-0007--assigned by 
the Office of Management and Budget (OMB) to the two certificates (as 
well as to the ten qualified trust draft documents that are not 
codified). In addition, OGE is removing from appendix A text reflecting 
an obsolete OGE approval notation that is no longer required. Finally, 
OGE is revising the portion of appendix C concerning the public burden 
and paperwork statement, which serves for both appendixes A and B. The 
revisions indicate that any comments concerning the burden estimate 
(twenty minutes per certificate) or any other aspect of the information 
collections can be sent to the OGE Associate Director for 
Administration and add the statement now required under the 1995 
amendments to the Paperwork Reduction Act that an agency may not 
sponsor, and no person is required to respond to, a collection of 
information unless it displays a currently valid OMB control number 
(now displayed in the notice and heading of each model certificate).
    The Office of Government Ethics announced that it would make these 
rule changes to the appendixes in two paperwork notices published in 
the Federal Register at 63 FR 20411-20412 (April 24, 1998) and 63 FR 
45817-45819 (August 27, 1998). These notices, on which no comments were 
received, were prepared as part of OGE's request to OMB for its 
approval for three-year renewal and clearance (for a new set of model 
blind trust communications) under the Paperwork Reduction Act for the 
total of twelve model qualified trust certificates and draft documents. 
The Office of Management and Budget recently granted the paperwork 
approval OGE requested.

Administrative Procedure Act

    Pursuant to 5 U.S.C. 553(b) and (d), as Director of the Office of 
Government Ethics, I find good cause exists for waiving the general 
notice of proposed rulemaking, opportunity for public comment, and 30-
day delay in effectiveness as to these revisions. The notice, comment 
and delayed effective date are being waived because these technical 
amendments concern matters of agency organization, practice and 
procedure. Furthermore, as noted above, the underlying paperwork 
revisions were approved by OMB after OGE published two paperwork 
notices in the Federal Register, on which no comments were received. 
Finally, it is in the public interest that these technical revisions 
take effect as soon as possible.

Executive Order 12866

    In promulgating these technical amendments to the appendixes to the 
branchwide financial disclosure regulations, OGE has adhered to the 
regulatory philosophy and the applicable principles of regulation set 
forth in section 1 of Executive Order 12866, Regulatory Planning and 
Review. These amendments have not been reviewed by the Office of 
Management and Budget under that Executive order, since they are not 
deemed ``significant'' thereunder.

Regulatory Flexibility Act

    As Director of the Office of Government Ethics, I certify under the 
Regulatory Flexibility Act (5 U.S.C. chapter 6) that this rulemaking 
will not have a significant economic impact on a substantial number of 
small entities because it primarily affects high-level Federal 
executive branch officials and their trust fiduciaries.

Paperwork Reduction Act

    The certificates of independence and compliance are information 
collections within the scope of the Paperwork Reduction Act (44 U.S.C. 
chapter 35). As noted above, the Office of Management and Budget has 
granted its paperwork approval for a period of three years for these 
modified updated certificates as codified in appendixes A, B and C to 5 
CFR part 2634, as they are being amended in this rulemaking document.

List of Subjects in 5 CFR Part 2634

    Administrative practice and procedure, Certificates of divestiture, 
Conflict of interests, Financial disclosure, Government employees, 
Penalties, Privacy, Reporting and recordkeeping requirements, Trusts 
and trustees.

    Approved: October 27, 1998.
Stephen D. Potts,
Director, Office of Government Ethics.

    For the reasons set forth in the preamble, the Office of Government 
Ethics is amending appendixes A, B and C to 5 CFR part 2634 as follows:

PART 2634--[AMENDED]

    1. The authority citation for part 2634 continues to read as 
follows:

    Authority: 5 U.S.C. App. (Ethics in Government Act of 1978); 26 
U.S.C. 1043; E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as 
modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306.


[[Page 58620]]


    2. The heading of appendix A to part 2634 is revised to read as 
follows:

Appendix A to Part 2634--Certificate of Independence (Form 
Approved: OMB Control No. 3209-0007)

    3. The text of appendix A to part 2634 is amended by removing the 
block of text ``Approved by ______ Director, Office of Government 
Ethics Date ______'' immediately before the Note.
    4. The heading of appendix B to part 2634 is revised to read as 
follows:

Appendix B to Part 2634--Certificate of Compliance (Form Approved: 
OMB Control No. 3209-0007)

    5. Appendix C to part 2634 is amended by revising the subheading 
and text following the final paragraph, numbered (7), of the Privacy 
Act Statement to read as follows:

Appendix C to Part 2634--Privacy Act and Paperwork Reduction Act 
Notices for Appendixes A and B

* * * * *

Public Burden Information and Paperwork Reduction Act Statement

    This collection of information is estimated to take an average of 
twenty minutes per response. You can send comments regarding the burden 
estimate or any other aspect of this collection of information, 
including suggestions for reducing this burden, to: Associate Director 
for Administration, U.S. Office of Government Ethics, Suite 500, 1201 
New York Avenue, NW., Washington, DC 20005-3917. Do not send your 
completed certificate to that official; rather, send it to the Director 
of the Office of Government Ethics at that address as provided in the 
part 2634 regulation.
    Pursuant to the Paperwork Reduction Act, as amended, 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 (that number, 3209-0007, is displayed here and in the 
headings of the OGE model qualified trust certificates of independence 
and compliance, appendixes A and B to this part 2634).

[FR Doc. 98-29309 Filed 10-30-98; 8:45 am]
BILLING CODE 6345-01-P