[Federal Register Volume 67, Number 86 (Friday, May 3, 2002)]
[Rules and Regulations]
[Pages 22348-22349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11025]


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OFFICE OF GOVERNMENT ETHICS

5 CFR Part 2634

RIN 3209-AA00


Technical Amendments to Qualified Trust Model Certificates 
Privacy and Paperwork Notices

AGENCY: Office of Government Ethics (OGE).

ACTION: Final rule; technical amendments.

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SUMMARY: The Office of Government Ethics is revising the Privacy Act 
and Paperwork Reduction Act notices for the model qualified trust 
certificates of independence and compliance, as codified in an appendix 
to its executive branchwide financial disclosure regulations, to make a 
couple minor updating changes.

EFFECTIVE DATE: June 3, 2002.

FOR FURTHER INFORMATION CONTACT: William E. Gressman, Senior 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 technical 
Privacy Act and paperwork-related revisions to appendix C of its 
executive branchwide financial disclosure regulation codified at 5 CFR 
part 2634. Appendix C sets forth the Privacy Act and Paperwork 
Reduction Act (public burden) notices for the certificates of 
independence and compliance (as themselves codified at appendixes A and 
B to part 2634) for qualified blind and qualified diversified trusts 
under the Ethics in Government Act of 1978, 5 U.S.C. appendix. First, 
OGE is adding the words ``judge- issued'' before the word ``subpoena'' 
in the routine use paraphrased in paragraph (3) of the Privacy Act 
Statement in appendix C order to more accurately reflect case law 
requirements for any such disclosures. The Office of Government Ethics 
is also working on a revised notice for its executive branchwide OGE/
GOVT-1 system of records that will include a similar revision. Second, 
OGE is revising the Public Burden Information and Paperwork Reduction 
Act Statement in appendix C to indicate the current title of the OGE 
official to contact for any paperwork comments, the Deputy Director for 
Administration and Information Management. These changes were included 
in the recent three-year paperwork renewal OGE received from the Office 
of Management and Budget for the model certificates and ten other 
uncodified model trust documents.

Matters of Regulatory Procedure

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 and the opportunity for public comment as 
to these revisions. The notice and comment are being waived because 
these technical amendments concern matters of agency organization, 
practice and procedure. Moreover, it is in the public interest that 
these updating technical revisions take effect promptly.

Executive Order 12866

    In promulgating these technical amendments to appendix C 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 the Executive order, since they are not 
deemed ``significant'' thereunder.

Executive Order 12988

    As Director of the Office of Government Ethics, I have reviewed 
this final amendatory regulation in light of section 3 of Executive 
Order 12988, Civil Justice Reform, and certify that it meets the 
applicable standards provided therein.

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 who seek OGE approval for the creation of 
Ethics Act-qualified blind and diversified trusts 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 
recently granted its paperwork approval for a period of three years for 
the certificates as codified in appendixes A, B and C to 5 CFR part 
2634, with only the latter procedural appendix C being amended in this 
rulemaking document.

Unfunded Mandates Reform Act

    For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
chapter 25, subchapter II), this rule will not significantly or 
uniquely affect small governments and will not result in increased 
expenditures by State, local, and tribal governments, in the aggregate, 
or by the private sector, of $100 million or more (as adjusted for 
inflation) in any one year.

Congressional Review Act

    The Office of Government Ethics has determined that this amendatory 
rulemaking is a nonmajor rule under the Congressional Review Act (5 
U.S.C. chapter 8) and has submitted a report thereon to the United 
States Senate, House of Representatives and General Accounting Office 
in accordance with that law.

List of Subjects in 5 CFR Part 2634

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


[[Page 22349]]


    Approved: April 29, 2002.
Amy L. Comstock,
Director, Office of Government Ethics.

    For the reasons set forth in the preamble, the Office of Government 
Ethics is amending 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; Pub. L. 101-410, 104 Stat. 890, 28 U.S.C.
    2461 note (Federal Civil Penalties Inflation Adjustment Act of 
1990), as amended by Sec. 31001, Pub. L. 104-134, 110 Stat. 1321 
(Debt Collection Improvement Act of 1996); 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.

Appendix C to Part 2634--[Amended]

    2. Appendix C to part 2634 is amended by adding the words ``judge-
issued'' before the word ``subpoena'' in the paragraph numbered (3) of 
the Privacy Act Statement, and by removing the words ``Associate 
Director for Administration'' from the second sentence of the first 
paragraph of the Public Burden Information and Paperwork Reduction Act 
Statement and adding in their place the words ``Deputy Director for 
Administration and Information Management''.

[FR Doc. 02-11025 Filed 5-2-02; 8:45 am]
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