[Federal Register Volume 70, Number 104 (Wednesday, June 1, 2005)]
[Notices]
[Pages 31471-31472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10822]


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OFFICE OF GOVERNMENT ETHICS


Submission for OMB Review; 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: The Office of Government Ethics has submitted the executive 
branch qualified trust model certificates and model trust documents to 
the Office of Management and Budget (OMB) for review and two-year 
extension of approval under the Paperwork Reduction Act. 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 information 
collection, as proposed with no modifications, should be received by 
July 1, 2005.

ADDRESSES: Comments should be sent to Brenda Aguilar, Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
New Executive Office Building, Room 10235, Washington, DC 20503; 
Telephone: 202-395-6929; FAX: 202-395-6974; E-mail: [email protected].

FOR FURTHER INFORMATION CONTACT: Mary T. Donovan at the U.S. Office of 
Government Ethics; Telephone: 202-482-9232; TDD: 202-482-9293; FAX: 
202-482-9237; E-mail: [email protected]. 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 has 
submitted unmodified versions of all twelve qualified trust 
certificates and model documents for a two-year extension of approval 
by OMB under the Paperwork Reduction Act (44 U.S.C. chapter 35). The 
twelve documents, all included under OMB paperwork control number 3209-
0007, are scheduled to expire at the end of June 2005.
    On January 7, 2005, OGE issued its first round Federal Register 
notice to announce its forthcoming request to OMB for paperwork renewal 
of the unmodified qualified trust model certificates and model trust 
documents. See 70 FR 1444-1446, with comments due by March 23, 2005. 
(OGE did not receive any comments or requests for copies of the 
unmodified qualified trust model certificates and model trust 
documents.) In that notice, and this one, OGE has proposed no changes 
to the qualified trust model documents at this time. In late 2006, OGE 
anticipates modifying some or all of these information collections by 
re-writing them in plain English to make them easier to understand.
    In 2003, OGE updated the OGE/GOVT-1 system of records notice 
(covering SF 278 Public Financial Disclosure Reports and other name-
retrieved ethics program records), including the addition of the three 
new routine uses. As a result, the Privacy Act Statement on each of the 
trust documents, which include paraphrases of the routine uses, is 
affected. OGE has not incorporated this revision into the trust 
documents at this time, since a more thorough revision of the trust 
documents is planned in the next year or two. However, upon 
distribution of the trust documents, OGE will inform users of the 
revision to the Privacy Act Statement. OGE has included a summary of 
the changes relevant to the trust documents in its paperwork clearance 
submission to OMB.
    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 (via an OGE Form 201).
    The hour burden listed below is based on the amount of time imposed 
on a trust administrator or private representative. The detailed 
paperwork estimates below for the various trust certificates and model 
documents (an estimated total of 46 per year, down 248 from the prior 
three-year period) 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): 5; 
Private

[[Page 31472]]

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.
    The total annual reporting hour burden, however, is zero (a change 
from the 563 hours estimate in the first round Federal Register notice 
and the 3,785 hours from the prior three-year period). After 
consultation with OMB, OGE has reexamined its estimating methodology to 
reflect the fact that all respondents hire private trust administrators 
or other private representatives to set up and maintain the qualified 
blind and diversified trusts. Respondents themselves, typically 
incoming private citizen Presidential nominees, incur no hour burden.
    The new estimated total annual cost burden to respondents resulting 
from the collection of information is $1,000,000. Those who use the 
model documents for guidance are private trust administrators or other 
private representatives hired to set up and maintain the qualified 
blind and diversified trusts of executive branch officials who seek to 
establish qualified trusts. The cost burden figure is based primarily 
on OGE's knowledge of the typical trust administrator fee structure (an 
average of 1 percent of total assets) and OGE's experience with 
administration of the qualified trust program. The $1,000,000 annual 
cost figure is based on OGE's estimate of five active trusts 
anticipated to be under administration each year with combined total 
assets of $100,000,000. However, OGE notes that the $1,000,000 figure 
is a cost estimate for the overall administration of the trusts, only a 
portion of which relates to information collection and reporting. For 
want of a precise way to break out the costs directly associated with 
information collection, OGE is reporting to OMB the full $1,000,000 
estimate for paperwork clearance purposes.
    In this second round notice, public comment is again 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 the minimization of burden (including 
the 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: May 24, 2005.
Marilyn L. Glynn,
Acting Director, Office of Government Ethics.
[FR Doc. 05-10822 Filed 5-31-05; 8:45 am]
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