81 FR 35359 - Agency Information Collection Activities; Submission for OMB Review; Proposed Collection; Comment Request for Unmodified Qualified Trust Model Certificates and Model Trust Documents

OFFICE OF GOVERNMENT ETHICS

Federal Register Volume 81, Issue 106 (June 2, 2016)

Page Range		35359-35360
FR Document		2016-13008

The U.S. Office of Government Ethics (OGE) is publishing this second round notice and requesting comment on the twelve executive branch OGE model certificates and model documents for qualified trusts. OGE intends to submit these forms to the Office of Management and Budget (OMB) for review and approval of a three-year extension under the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35). OGE is proposing no changes to these forms at this time.

Federal Register, Volume 81 Issue 106 (Thursday, June 2, 2016)

[Federal Register Volume 81, Number 106 (Thursday, June 2, 2016)]
[Notices]
[Pages 35359-35360]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13008]


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OFFICE OF GOVERNMENT ETHICS


Agency Information Collection Activities; Submission for OMB 
Review; Proposed Collection; Comment Request for Unmodified Qualified 
Trust Model Certificates and Model Trust Documents

AGENCY: Office of Government Ethics (OGE).

ACTION: Notice.

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

SUMMARY: The U.S. Office of Government Ethics (OGE) is publishing this 
second round notice and requesting comment on the twelve executive 
branch OGE model certificates and model documents for qualified trusts. 
OGE intends to submit these forms to the Office of Management and 
Budget (OMB) for review and approval of a three-year extension under 
the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35). OGE is 
proposing no changes to these forms at this time.

DATES: Written comments by the public and the agencies on this proposed 
extension are invited and must be received on or before July 5, 2016.

ADDRESSES: You may submit comments on this paperwork notice to the 
Office of Management and Budget, Attn: Desk Officer for OGE, via fax at 
202-395-6974 or email at [email protected].

FOR FURTHER INFORMATION CONTACT: Paul D. Ledvina, Agency Clearance 
Officer at the U.S. Office of Government Ethics; telephone: 202-482-
9247; TTY: 800-877-8339; FAX: 202-482-9237; Email: [email protected]. 
The model Certificate of Independence and model Certificate of 
Compliance for qualified trusts are codified in appendixes A and B to 5 
CFR part 2634. Appendix C of 5 CFR part 2634 provides the Privacy Act 
Statement, Public Burden Statement and Paperwork Reduction Act 
Statement for the model certificates. Copies of the ten qualified trust 
model documents may be obtained, without charge, by contacting Mr. 
Ledvina.

SUPPLEMENTARY INFORMATION: The Office of Government Ethics intends to 
submit, shortly after this second round notice, all twelve qualified 
trust model certificates and model documents described below (all of 
which are included under OMB paperwork control number 3209-0007) for a 
three-year extension of approval by OMB under the Paperwork Reduction 
Act (44 U.S.C. chapter 35). The current paperwork approval for the 
model certificates and model trust documents, last granted by OMB in 
2013, is scheduled to expire at the end of November 2016. OGE is 
proposing no changes to the two model qualified trust certificates and 
the ten model trust documents at this time. OGE is the supervising 
ethics office for the executive branch of the Federal Government under 
the Ethics in Government Act of 1978 (EIGA). Presidential nominees to 
executive branch positions subject to Senate confirmation and any other 
executive branch officials may seek OGE approval for EIGA qualified 
blind or diversified trusts as one means 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 in 
Government 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 
that OGE plans to submit for renewed paperwork approval, 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 2634.404(f) and (g), 
2634.405(c) and (d), 2634.407, 2634.408(d)(4), 2634.410, 2634.414 and 
appendixes A and B to part 2634 (the two implementing forms, the 
Certificate of Independence and Certificate of Compliance, are codified 
respectively in the cited appendixes); and
    ii. Qualified trust communications and model provisions and 
agreements--5 CFR 2634.404(f), 2634.407(a), 2634.408(a)-(c), 2634.407 
and 2634.414 (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), once completed, would not be 
available to the public because they contain sensitive,

[[Page 35360]]

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 
retained and made publicly available based upon a proper request under 
EIGA (by filling out an OGE Form 201 access form) until the periods for 
retention of all other reports (usually the OGE Form 278 Public 
Financial Disclosure Reports) of the individual establishing the trust 
have lapsed (generally six years after the filing of the last other 
report). See 5 CFR 2634.603(g)(2) of OGE's executive branch financial 
disclosure regulation.
    The U.S. Office of Government Ethics administers the qualified 
trust program for the executive branch. At the present time, there are 
no active filers using the trust model certificates and documents. 
However, OGE intends to submit to OMB a request for extension of 
approval for two reasons. First, under OMB's implementing regulations 
for the Paperwork Reduction Act, at 5 CFR 1320.3(c)(4)(i), any 
recordkeeping, reporting or disclosure requirement contained in a 
sponsoring agency rule of general applicability is deemed to meet the 
minimum threshold of ten or more persons. Second, OGE does anticipate 
possible limited use of these forms during the forthcoming three-year 
period 2016-2019. Therefore, the estimated burden figures, representing 
branchwide implementation of the forms, will remain the same as 
previously reported by OGE in its prior first and second round 
paperwork renewal notice for the trust forms (77 FR 76293-76294 
(December 27, 2012) and 78 FR 40144-40146 (July 3, 2013)). The estimate 
is based on the amount of time imposed on a trust administrator or 
private representative.
    i. Trust Certificates:
    A. Certificate of Independence: Total filers (executive branch): 5; 
private citizen filers (100%): 5; private citizen burden hours (20 
minutes/certificate): 2.
    B. Certificate of Compliance: Total filers (executive branch): 10; 
private citizen filers (100%): 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; communications 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; private citizen burden hours (100 
hours/model): 200.
    C. Model Qualified Diversified Trust: Total users (executive 
branch): 1; private citizen users (100%): 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; 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; private citizen 
burden hours (50 hours/agreement): 50.
    However, the total annual reporting hour burden on filers 
themselves is zero and not the 563 hours estimated above because OGE's 
estimating methodology reflects 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, 
therefore incur no hour burden. The 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 such 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 an average of five possible active trusts anticipated to be under 
administration for each of the next three years 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 continuing to report to OMB the full 
$1,000,000 estimate for paperwork clearance purposes.
    On March 4, 2016, OGE published a first round notice of its intent 
to request paperwork clearance for the proposed unmodified qualified 
trust certificates and modified model trust documents. See 81 FR 11566-
11567. OGE did not receive any responses to that notice.
    In this second notice, public comment is again invited on 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).
    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: May 27, 2016.
Walter M. Shaub, Jr.
Director, Office of Government Ethics.
[FR Doc. 2016-13008 Filed 6-1-16; 8:45 am]
 BILLING CODE 6345-03-P

Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices 35359

GENERAL SERVICES this second round notice and requesting OGE is the sponsoring agency for the
ADMINISTRATION comment on the twelve executive model certificates and model trust
branch OGE model certificates and documents for qualified blind and
[Notice–MA–2016–03; Docket No. 2016–
0002, Sequence No. 12]
model documents for qualified trusts. diversified trusts of executive branch
OGE intends to submit these forms to officials set up under section 102(f) of
Federal Travel Regulation (FTR); the Office of Management and Budget the Ethics in Government Act, 5 U.S.C.
Relocation Allowances—Requirement (OMB) for review and approval of a app. § 102(f), and OGE’s implementing
To Report Agency Payments for three-year extension under the financial disclosure regulations at
Relocation Paperwork Reduction Act of 1995 (44 subpart D of 5 CFR part 2634. The
U.S.C. chapter 35). OGE is proposing no various model certificates and model
AGENCY: Office of Government-wide changes to these forms at this time. trust documents are utilized by OGE
Policy (OGP), General Services and settlors, trustees and other
DATES: Written comments by the public
Administration (GSA). fiduciaries in establishing and
and the agencies on this proposed
ACTION: Notice of a bulletin. administering these qualified trusts.
extension are invited and must be
There are two categories of
SUMMARY: The purpose of this notice is received on or before July 5, 2016.
information collection requirements that
to inform agencies that FTR Bulletin 16– ADDRESSES: You may submit comments OGE plans to submit for renewed
04, pertaining to the Requirement to on this paperwork notice to the Office paperwork approval, each with its own
Report Agency Payments for Relocation, of Management and Budget, Attn: Desk related reporting model certificates or
is now available online at www.gsa.gov/ Officer for OGE, via fax at 202–395– model trust documents which are
ftrbulletin. 6974 or email at OIRA_Submission@ subject to paperwork review and
DATES: Effective: June 2, 2016. omb.eop.gov. approval by OMB. The OGE regulatory
FOR FURTHER INFORMATION CONTACT: Mr. FOR FURTHER INFORMATION CONTACT: Paul citations for these two categories,
Rick Miller, Office of Asset and D. Ledvina, Agency Clearance Officer at together with identification of the forms
Transportation Management (MA), the U.S. Office of Government Ethics; used for their implementation, are as
Office of Government-wide Policy, GSA, telephone: 202–482–9247; TTY: 800– follows:
at 202–501–3822 or via email at 877–8339; FAX: 202–482–9237; Email: i. Qualified trust certifications—5 CFR
rodney.miller@gsa.gov. Please cite FTR pledvina@oge.gov. The model 2634.404(f) and (g), 2634.405(c) and (d),
Bulletin 16–04. Certificate of Independence and model 2634.407, 2634.408(d)(4), 2634.410,
SUPPLEMENTARY INFORMATION: Under 5 Certificate of Compliance for qualified 2634.414 and appendixes A and B to
U.S.C. 5707(c), as implemented in the trusts are codified in appendixes A and part 2634 (the two implementing forms,
Federal Travel Regulation, Part 300–70, B to 5 CFR part 2634. Appendix C of 5 the Certificate of Independence and
Subpart A—Requirement To Report CFR part 2634 provides the Privacy Act Certificate of Compliance, are codified
Agency Payments for Employee Travel Statement, Public Burden Statement and respectively in the cited appendixes);
and Relocation, the Administrator of Paperwork Reduction Act Statement for and
General Services is required to collect ii. Qualified trust communications
the model certificates. Copies of the ten
data on total agency payments for travel, and model provisions and agreements—
qualified trust model documents may be
transportation, and relocation expenses 5 CFR 2634.404(f), 2634.407(a),
obtained, without charge, by contacting
every year. This bulletin provides 2634.408(a)–(c), 2634.407 and 2634.414
Mr. Ledvina. (the ten implementing forms are the: (A)
guidance to agencies that spent more
than $5 million on travel and SUPPLEMENTARY INFORMATION: The Office Blind Trust Communications (Expedited
transportation payments, including of Government Ethics intends to submit, Procedure for Securing Approval of
relocation costs, and the requirement shortly after this second round notice, Proposed Communications); (B) Model
procedures to report the data to GSA. all twelve qualified trust model Qualified Blind Trust Provisions; (C)
FTR Bulletin 16–04 and all other FTR certificates and model documents Model Qualified Diversified Trust
Bulletins can be found at www.gsa.gov/ described below (all of which are Provisions; (D) Model Qualified Blind
ftrbulletin. included under OMB paperwork control Trust Provisions (For Use in the Case of
number 3209–0007) for a three-year Multiple Fiduciaries); (E) Model
Troy Cribb, extension of approval by OMB under Qualified Blind Trust Provisions (For
Associate Administrator, Office of the Paperwork Reduction Act (44 U.S.C. Use in the Case of an Irrevocable Pre-
Government-wide Policy. chapter 35). The current paperwork Existing Trust); (F) Model Qualified
[FR Doc. 2016–12888 Filed 6–1–16; 8:45 am] approval for the model certificates and Diversified Trust Provisions (Hybrid
BILLING CODE 6820–14–P model trust documents, last granted by Version); (G) Model Qualified
OMB in 2013, is scheduled to expire at Diversified Trust Provisions (For Use in
the end of November 2016. OGE is the Case of Multiple Fiduciaries); (H)
OFFICE OF GOVERNMENT ETHICS proposing no changes to the two model Model Qualified Diversified Trust
qualified trust certificates and the ten Provisions (For Use in the Case of an
Agency Information Collection model trust documents at this time. Irrevocable Pre-Existing Trust); (I)
Activities; Submission for OMB OGE is the supervising ethics office for Model Confidentiality Agreement
Review; Proposed Collection; the executive branch of the Federal Provisions (For Use in the Case of a
Comment Request for Unmodified Government under the Ethics in Privately Owned Business); and (J)
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Qualified Trust Model Certificates and Government Act of 1978 (EIGA). Model Confidentiality Agreement
Model Trust Documents Presidential nominees to executive Provisions (For Use in the Case of
AGENCY: Office of Government Ethics branch positions subject to Senate Investment Management Activities)).
(OGE). confirmation and any other executive The communications formats and the
ACTION: Notice. branch officials may seek OGE approval confidentiality agreements (items ii.(A),
for EIGA qualified blind or diversified (I) and (J) above), once completed,
SUMMARY:The U.S. Office of trusts as one means to be used to avoid would not be available to the public
Government Ethics (OGE) is publishing conflicts of interest. because they contain sensitive,

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35360 Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices

confidential information. All the other citizen users (100%): 2; private citizen trust certificates and model trust
completed model trust certificates and burden hours (100 hours/model): 200. documents, and underlying regulatory
model trust documents (except for any C. Model Qualified Diversified Trust: provisions, as set forth in this notice,
trust provisions that relate to the Total users (executive branch): 1; including specific views on the need for
testamentary disposition of trust assets) private citizen users (100%): 1; private and practical utility of this set of
are retained and made publicly citizen burden hours (100 hours/model): collections of information, the accuracy
available based upon a proper request 100. of OGE’s burden estimate, the potential
under EIGA (by filling out an OGE Form D.–H. Of the five remaining model for enhancement of quality, utility and
201 access form) until the periods for qualified trust documents: Total users clarity of the information collected, and
retention of all other reports (usually the (executive branch): 2; private citizen the minimization of burden (including
OGE Form 278 Public Financial users (100%): 2; private citizen burden the use of information technology).
Disclosure Reports) of the individual hours (100 hours/model): 200. Comments received in response to
establishing the trust have lapsed I.–J. Of the two model confidentiality this notice will be summarized for, and
(generally six years after the filing of the agreements: Total users (executive may be included with, the OGE request
last other report). See 5 CFR branch): 1; private citizen users (100%): for extension of the OMB paperwork
2634.603(g)(2) of OGE’s executive 1; private citizen burden hours (50 approval for the set of the various
branch financial disclosure regulation. hours/agreement): 50. existing qualified trust model
However, the total annual reporting certificates, the model communications
The U.S. Office of Government Ethics
hour burden on filers themselves is zero
administers the qualified trust program package, and the model trust
and not the 563 hours estimated above
for the executive branch. At the present documents. The comments will also
because OGE’s estimating methodology
time, there are no active filers using the become a matter of public record.
reflects the fact that all respondents hire
trust model certificates and documents. Approved: May 27, 2016.
private trust administrators or other
However, OGE intends to submit to Walter M. Shaub, Jr.
private representatives to set up and
OMB a request for extension of approval maintain the qualified blind and Director, Office of Government Ethics.
for two reasons. First, under OMB’s diversified trusts. Respondents [FR Doc. 2016–13008 Filed 6–1–16; 8:45 am]
implementing regulations for the themselves, typically incoming private BILLING CODE 6345–03–P
Paperwork Reduction Act, at 5 CFR citizen Presidential nominees, therefore
1320.3(c)(4)(i), any recordkeeping, incur no hour burden. The estimated
reporting or disclosure requirement total annual cost burden to respondents
contained in a sponsoring agency rule of resulting from the collection of DEPARTMENT OF HEALTH AND
general applicability is deemed to meet information is $1,000,000. Those who HUMAN SERVICES
the minimum threshold of ten or more use the model documents for guidance
persons. Second, OGE does anticipate Centers for Disease Control and
are private trust administrators or other
possible limited use of these forms Prevention
private representatives hired to set up
during the forthcoming three-year and maintain the qualified blind and
period 2016–2019. Therefore, the Informational Meeting: The Importation
diversified trusts of executive branch and Exportation of Infectious
estimated burden figures, representing officials who seek to establish such
branchwide implementation of the Biological Agents, Infectious
qualified trusts. The cost burden figure Substances and Vectors; Public
forms, will remain the same as is based primarily on OGE’s knowledge
previously reported by OGE in its prior Webcast
of the typical trust administrator fee
first and second round paperwork structure (an average of 1 percent of AGENCY: Centers for Disease Control and
renewal notice for the trust forms (77 FR total assets) and OGE’s experience with Prevention (CDC), Department of Health
76293–76294 (December 27, 2012) and administration of the qualified trust and Human Services (HHS).
78 FR 40144–40146 (July 3, 2013)). The program. The $1,000,000 annual cost ACTION: Notice of public webcast.
estimate is based on the amount of time figure is based on OGE’s estimate of an
imposed on a trust administrator or average of five possible active trusts SUMMARY: The Centers for Disease
private representative. anticipated to be under administration Control and Prevention (CDC),
i. Trust Certificates: for each of the next three years with Department of Health and Human
A. Certificate of Independence: Total combined total assets of $100,000,000. Services (HHS) is hosting a public
filers (executive branch): 5; private However, OGE notes that the $1,000,000 webcast to address import and export
citizen filers (100%): 5; private citizen figure is a cost estimate for the overall permit regulations for infectious
burden hours (20 minutes/certificate): 2. administration of the trusts, only a biological agents, infectious substances,
B. Certificate of Compliance: Total portion of which relates to information and vectors; and import and export
filers (executive branch): 10; private collection and reporting. For want of a permit exemptions. Presenters for this
citizen filers (100%): 10; private citizen precise way to break out the costs webcast will include representatives
burden hours (20 minutes/certificate): 3; directly associated with information from the U.S. Department of
and collection, OGE is continuing to report Transportation (DOT), United States
ii. Model Qualified Trust Documents: to OMB the full $1,000,000 estimate for Department of Agriculture (USDA)
A. Blind Trust Communications: Total paperwork clearance purposes. Animal and Plant Health Inspection
users (executive branch): 5; private On March 4, 2016, OGE published a Service (APHIS), CDC Division of Global
asabaliauskas on DSK3SPTVN1PROD with NOTICES

citizen users (100%): 5; first round notice of its intent to request Migration and Quarantine, U.S. Customs
communications documents (private paperwork clearance for the proposed and Border Protection, U.S. Department
citizens): 25 (based on an average of five unmodified qualified trust certificates of Commerce, U.S. Food and Drug
communications per user, per year); and modified model trust documents. Administration, HHS/Office of the
private citizen burden hours (20 See 81 FR 11566–11567. OGE did not Assistant Secretary for Preparedness
minutes/communication): 8. receive any responses to that notice. and Response/Biomedical Advanced
B. Model Qualified Blind Trust: Total In this second notice, public comment Research and Development Authority
users (executive branch): 2; private is again invited on the model qualified (BARDA), U.S. Fish and Wildlife

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Document Created: 2016-06-02 01:22:56
Document Modified: 2016-06-02 01:22:56

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		Written comments by the public and the agencies on this proposed extension are invited and must be received on or before July 5, 2016.
Contact		Paul D. Ledvina, Agency Clearance Officer at the U.S. Office of Government Ethics; telephone: 202-482- 9247; TTY: 800-877-8339; FAX: 202-482-9237; Email: [email protected] The model Certificate of Independence and model Certificate of Compliance for qualified trusts are codified in appendixes A and B to 5 CFR part 2634. Appendix C of 5 CFR part 2634 provides the Privacy Act Statement, Public Burden Statement and Paperwork Reduction Act Statement for the model certificates. Copies of the ten qualified trust model documents may be obtained, without charge, by contacting Mr. Ledvina.
FR Citation		81 FR 35359