[Federal Register Volume 70, Number 5 (Friday, January 7, 2005)]
[Notices]
[Pages 1444-1446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-308]


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OFFICE OF GOVERNMENT ETHICS


Proposed Collection; Comment Request for Unmodified Qualified 
Trust Model Certificates and Model Trust Documents

AGENCY: Office of Government Ethics (OGE).

ACTION: Notice.

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SUMMARY: After this first round notice and public comment period, OGE 
plans to submit the executive branch qualified trust model certificates 
and model trust documents to the Office of Management and Budget (OMB) 
for two-year extension of approval under the Paperwork Reduction Act. 
In all, a total of twelve OGE model certificates and model documents 
for qualified trusts are involved. OGE is proposing no changes to these 
forms.

DATES: Comments by the public and agencies on this proposed information 
collection extension are invited and should be received by March 23, 
2005.

ADDRESSES: Comments should be sent to: Mary T. Donovan, Office of 
Administration and Information Management, U.S. Office of Government 
Ethics, Suite 500, 1201 New York Avenue, NW., Washington, DC 20005-
3917. Comments may also be sent electronically to OGE's E-mail address 
at [email protected] (for E-mail messages, the subject line should include 
the following reference--``Qualified trust

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model certificates and model trust documents paperwork comment'').

FOR FURTHER INFORMATION CONTACT: Ms. Donovan at the U.S. Office of 
Government Ethics; telephone: 202-482-9232; TDD: 202-482-9293; FAX: 
202-482-9237. A copy of the model certificates and model documents for 
qualified trusts may be obtained, without charge, by contacting Ms. 
Donovan.

SUPPLEMENTARY INFORMATION: The Office of Government Ethics is planning 
to submit, after this first round notice and comment period, all twelve 
qualified trust certificates and model documents described below (all 
of which are included under OMB paperwork control number 3209-0007) for 
a two-year extension of approval by OMB under the Paperwork Reduction 
Act (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 model certificates and 
model trust documents is scheduled to expire at the end of March 2005. 
OGE is proposing no changes to the twelve qualified trust certificates 
and model documents at this time. In late 2006, OGE anticipates 
modifying some or all of these information collections by rewriting 
them in plain English in order to make them easier to understand.
    OGE is the supervising ethics office for the executive branch of 
the Federal Government under the Ethics in Government Act of 1978 
(Ethics Act). 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.
    OGE 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.
    There are two categories of information collection requirements 
which OGE plans to submit, 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 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 are based on OGE's 
experience with administration of the qualified trust program.
    i. Trust Certificates:
    A. Certificate of Independence: Total filers (executive branch): 5; 
Private citizen filers (100%): 5; OGE-processed certificates (private 
citizens): 5; private citizen burden hours (20 minutes/certificate): 2.
    B. Certificate of Compliance: Total filers (executive branch): 10; 
Private citizen filers (100%): 10; OGE-processed certificates (private 
citizens): 10; private citizen burden hours (20 minutes/certificate): 
3; and
    ii. Model Qualified Trust Documents:
    A. Blind Trust Communications: Total Users (executive branch): 5; 
Private citizen users (100%): 5; OGE-processed documents (private 
citizens): 25 (based on an average of five communications per user, per 
year); private citizen burden hours (20 minutes/communication): 8.
    B. Model Qualified Blind Trust: Total Users (executive branch): 2; 
Private citizen users (100%): 2; OGE-processed models (private 
citizens): 2; private citizen burden hours (100 hours/model): 200.
    C. Model Qualified Diversified Trust: Total users (executive 
branch): 1; Private citizen users (100%): 1; OGE-processed models 
(private citizens): 1; private citizen burden hours (100 hours/model): 
100.
    D.-H. Of the five remaining model qualified trust documents: Total 
users (executive branch): 2; Private citizen users (100%): 2; OGE-
processed models (private citizens): 2; private citizen burden hours 
(100 hours/model): 200.
    I.-J. Of the two model confidentiality agreements: Total users 
(executive branch): 1; Private citizen users (100%): 1; OGE-processed 
agreements (private citizens): 1; private citizen burden hours (50 
hours/agreement): 50.
    Based on these estimates, the total number of forms expected 
annually at OGE is 46, with a cumulative total of 563 burden hours. 
This is a decrease of 248 forms and 3,222 hours from the prior three-
year period.
    Public comment is invited on each aspect of the model qualified 
trust certificates and model trust documents, and underlying regulatory 
provisions, as set forth in this notice, including specific 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

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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 qualified trust 
model certificates, the model communications package, and the model 
trust documents. The comments will also become a matter of public 
record.

    Approved: December 22, 2004.
Marilyn L. Glynn,
Acting Director, Office of Government Ethics.
[FR Doc. 05-308 Filed 1-6-05; 8:45 am]
BILLING CODE 6345-02-P