[Federal Register Volume 67, Number 11 (Wednesday, January 16, 2002)]
[Notices]
[Pages 2215-2216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1144]


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OFFICE OF GOVERNMENT ETHICS


Submission for OMB Review; Comment Request: Updated Qualified 
Trust Model Certificates and Model Trust Documents

AGENCY: Office of Government Ethics (OGE).

ACTION: Notice.

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SUMMARY: The Office of Government Ethics has submitted the proposed 
updated executive branch qualified trust model certificates and draft 
documents to the Office of Management and Budget (OMB) for for review 
and three-year extension of approval under the Paperwork Reduction Act. 
A total of twelve OGE model certificates and documents are involved.

DATES: Comments by the public and agencies on this information 
collection as proposed for revision should be received by February 15, 
2002.

ADDRESSES: Comments should be sent to Joseph F. Lackey, Jr., Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
New Executive Office Building, Room 10235, Washington, DC 20503; 
Telephone: 202-395-7316.

FOR FURTHER INFORMATION CONTACT: Mary T. Donovan at the U.S. Office of 
Government Ethics; Telephone: 202-208-8000, ext. 1185; TDD 202-208-
8025; FAX 202-208-8038. Copies of the executive branch qualified trust 
model certificates and documents may be obtained, without charge, by 
contacting Ms. Donovan.

SUPPLEMENTARY INFORMATION: The Office of Government Ethics is the 
supervising ethics office for the executive branch of the Federal 
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 to be 
used to avoid conflicts of interest.
    The Office of Government Ethics 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.
    On July 3, 2001, OGE issued its first round Federal Register notice 
to announce its forthcoming request to OMB for paperwork renewal of the 
updated qualified trust model certificates and model trust documents. 
See 66 FR 35243-35244, with comments due by September 17, 2001. (OGE 
did not receive any comments or requests for copies of the updated 
qualified trust model certificates and model trust documents.) In that 
notice, and this one, OGE has proposed a minor change to the qualified 
trust model documents. The Office of Government Ethics has proposed to 
substitute the words ``mailing address'' for the words ``home address'' 
where they appear within the model trust documents. The proposed change 
is a minor improvement that will enhance privacy with respect to trust 
instruments once executed. No change is needed for the model 
certificates of independence and compliance as codified at appendices 
A-C to 5 CFR part 2634.
    The Office of Government Ethics has submitted updated versions of 
all twelve qualified trust certificates and model documents described 
below (all of which are included under OMB paperwork control number 
3209-0007, currently cleared through the end of January 2002) for a 
three-year extension of approval by OMB under the Paperwork Reduction 
Act (44 U.S.C. chapter 35).
    There are two categories of information collection requirements, 
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) & (b), 2634.408, 
2634.409 and appendixes A & 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) & (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)).
    The various model trust certificates and model trust documents as 
proposed to be modified are available without charge to the public upon 
request as indicated in the ``For Further Information Contact'' section 
above.
    The communications formats and the confidentiality agreements 
(items ii (A), (I) and (J) above) 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 publicly available based upon a 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 model trust 
documents 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 trust documents, which remain the 
same as

[[Page 2216]]

for the last paperwork clearance three years ago, 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 Documents

    A. Blind Trust Communications: Total Users (executive branch): 35; 
Private citizen users (100%): 35; OGE-processed documents (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: Total Users (executive branch): 10; 
Private citizen users (100%): 10; OGE-processed models (private 
citizens): 10; OGE burden hours (100 hours/model): 1,000.
    C. Model Qualified Diversified Trust: Total users (executive 
branch): 15; Private citizen users (100%): 15; OGE-processed models 
(private citizens): 15; OGE burden hours (100 hours/model): 1,500.
    D.-H. Each of the five remaining model qualified trust documents: 
Total users (executive branch): 2; Private citizen users (100%): 2; 
OGE-processed models (private citizens): 2, multiplied by 5 (five 
different models) = 10; OGE burden hours (100 hours/model): 200, 
multiplied by 5 (five different models) = 1,000.
    I.-J. Each of the two model confidentiality agreements: Total users 
(executive branch): 2; Private citizens users (100%): 2; OGE-processed 
agreements (private citizens): 2, multiplied by 2 (two different 
models) = 4; OGE burden hours (50 hours/agreement): 100, multiplied by 
2 (two different models) = 200.
    Based on these estimates, the total number of forms expected 
annually at OGE remains unchanged at 294 with a cumulative total of 
3,785 burden hours.
    In this second round notice, public comment is again invited on all 
aspects of OGE's qualified trust model certificates and model trust 
documents as proposed for renewal with minor revision, including 
specifically views on: the accuracy of OGE's public burden estimate; 
the potential for enhancement of quality, utility, and clarity of the 
information to be collected; and the minimization of burden (including 
the possibility of 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: January 10, 2002.
Amy L. Comstock,
Director, Office of Government Ethics.
[FR Doc. 02-1144 Filed 1-15-02; 8:45 am]
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