[Federal Register Volume 63, Number 211 (Monday, November 2, 1998)]
[Rules and Regulations]
[Pages 58619-58620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29309]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 63, No. 211 / Monday, November 2, 1998 /
Rules and Regulations
[[Page 58619]]
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OFFICE OF GOVERNMENT ETHICS
5 CFR Part 2634
RIN 3209-AA00
Paperwork Revisions to Model Qualified Trust Certificates of
Independence and Compliance
AGENCY: Office of Government Ethics (OGE).
ACTION: Final rule; technical amendments.
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SUMMARY: The Office of Government Ethics is revising the model
qualified trust certificates of independence and compliance, as
codified in appendixes to its executive branchwide financial disclosure
regulations, to make certain necessary paperwork revisions and a few
other minor updating changes.
EFFECTIVE DATE: November 2, 1998.
FOR FURTHER INFORMATION CONTACT: William E. Gressman, 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 paperwork-
related revisions to appendixes A, B and C of its executive branchwide
financial disclosure regulation codified at 5 CFR part 2634. Those
appendixes set forth the certificates of independence and compliance
for qualified blind and qualified diversified trusts under the Ethics
in Government Act of 1978, 5 U.S.C. appendix. The Office of Government
Ethics is adding the paperwork control number--3209-0007--assigned by
the Office of Management and Budget (OMB) to the two certificates (as
well as to the ten qualified trust draft documents that are not
codified). In addition, OGE is removing from appendix A text reflecting
an obsolete OGE approval notation that is no longer required. Finally,
OGE is revising the portion of appendix C concerning the public burden
and paperwork statement, which serves for both appendixes A and B. The
revisions indicate that any comments concerning the burden estimate
(twenty minutes per certificate) or any other aspect of the information
collections can be sent to the OGE Associate Director for
Administration and add the statement now required under the 1995
amendments to the Paperwork Reduction Act that an agency may not
sponsor, and no person is required to respond to, a collection of
information unless it displays a currently valid OMB control number
(now displayed in the notice and heading of each model certificate).
The Office of Government Ethics announced that it would make these
rule changes to the appendixes in two paperwork notices published in
the Federal Register at 63 FR 20411-20412 (April 24, 1998) and 63 FR
45817-45819 (August 27, 1998). These notices, on which no comments were
received, were prepared as part of OGE's request to OMB for its
approval for three-year renewal and clearance (for a new set of model
blind trust communications) under the Paperwork Reduction Act for the
total of twelve model qualified trust certificates and draft documents.
The Office of Management and Budget recently granted the paperwork
approval OGE requested.
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, opportunity for public comment, and 30-
day delay in effectiveness as to these revisions. The notice, comment
and delayed effective date are being waived because these technical
amendments concern matters of agency organization, practice and
procedure. Furthermore, as noted above, the underlying paperwork
revisions were approved by OMB after OGE published two paperwork
notices in the Federal Register, on which no comments were received.
Finally, it is in the public interest that these technical revisions
take effect as soon as possible.
Executive Order 12866
In promulgating these technical amendments to the appendixes 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 that Executive order, since they are not
deemed ``significant'' thereunder.
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 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 has
granted its paperwork approval for a period of three years for these
modified updated certificates as codified in appendixes A, B and C to 5
CFR part 2634, as they are being amended in this rulemaking document.
List of Subjects in 5 CFR Part 2634
Administrative practice and procedure, Certificates of divestiture,
Conflict of interests, Financial disclosure, Government employees,
Penalties, Privacy, Reporting and recordkeeping requirements, Trusts
and trustees.
Approved: October 27, 1998.
Stephen D. Potts,
Director, Office of Government Ethics.
For the reasons set forth in the preamble, the Office of Government
Ethics is amending appendixes A, B and C to 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; 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.
[[Page 58620]]
2. The heading of appendix A to part 2634 is revised to read as
follows:
Appendix A to Part 2634--Certificate of Independence (Form
Approved: OMB Control No. 3209-0007)
3. The text of appendix A to part 2634 is amended by removing the
block of text ``Approved by ______ Director, Office of Government
Ethics Date ______'' immediately before the Note.
4. The heading of appendix B to part 2634 is revised to read as
follows:
Appendix B to Part 2634--Certificate of Compliance (Form Approved:
OMB Control No. 3209-0007)
5. Appendix C to part 2634 is amended by revising the subheading
and text following the final paragraph, numbered (7), of the Privacy
Act Statement to read as follows:
Appendix C to Part 2634--Privacy Act and Paperwork Reduction Act
Notices for Appendixes A and B
* * * * *
Public Burden Information and Paperwork Reduction Act Statement
This collection of information is estimated to take an average of
twenty minutes per response. You can send comments regarding the burden
estimate or any other aspect of this collection of information,
including suggestions for reducing this burden, to: Associate Director
for Administration, U.S. Office of Government Ethics, Suite 500, 1201
New York Avenue, NW., Washington, DC 20005-3917. Do not send your
completed certificate to that official; rather, send it to the Director
of the Office of Government Ethics at that address as provided in the
part 2634 regulation.
Pursuant to the Paperwork Reduction Act, as amended, an agency may
not conduct or sponsor, and no person is required to respond to, a
collection of information unless it displays a currently valid OMB
control number (that number, 3209-0007, is displayed here and in the
headings of the OGE model qualified trust certificates of independence
and compliance, appendixes A and B to this part 2634).
[FR Doc. 98-29309 Filed 10-30-98; 8:45 am]
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