2011-1217. Information Collection Request Submitted to Office of Management and Budget

AGENCY:

Administrative Conference of the United States.

ACTION:

Thirty-day notice requesting comments.

SUMMARY:

Pursuant to the Paperwork Reduction Act of 1995, the Administrative Conference of the United States will submit an Information Collection Request (ICR) to the Office of Management and Budget (OMB) requesting approval for the following collection of information: 3002-0003, Substitute Confidential Employment and Financial Disclosure. This form is a substitute for Standard Form 450, issued by the Office of Government Ethics (OGE), which non-government members of the Conference would otherwise be required to file. OGE has approved the use of this substitute form. This proposed information collection was previously published in the Federal Register at 75 FR 60404 (September 30, 2010), allowing for a 60-day comment period. The purpose of this notice is to allow an additional 30 days for public comment.

DATES:

Comments must be received by February 22, 2011.

ADDRESSES:

Interested persons may submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the attention of the Desk Officer, Administrative Conference of the United States, and sent via electronic mail to [e-mail], or faxed to 202-395-5806, or mailed to the Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT:

David Pritzker, Deputy General Counsel, Administrative Conference of the United States, Suite 706 South, 1120 20th Street, NW., Washington, DC 20036; Telephone [phone], E-mail: [e-mail].

SUPPLEMENTARY INFORMATION:

The Administrative Conference of the United States (ACUS) is charged with developing recommendations for the improvement of Federal administrative procedures (5 U.S.C. 591). Its recommendations are the product of a research process overseen by a small staff, but ultimately adopted by a membership of 101 experts, including approximately 45 non-government members—5 Council members and up to 40 others (5 U.S.C. 593(b) and 5 U.S.C. 595(b)). These individuals are deemed to be “special government employees” within the meaning of 18 U.S.C. 202(a) and, therefore, are subject to confidential financial disclosure requirements of the Ethics in Government Act (5 U.S.C. App. 107) and regulations of the Office of Government Ethics (OGE). The ACUS “Substitute Confidential Employment and Financial Disclosure” form submitted (“Substitute Disclosure Form”) is a substitute for OGE Standard Form 450, which ACUS non-government members would otherwise be required to file.

In addition to the non-government members of the Conference, the Chairman, with the approval of the Council established under 5 U.S.C. 595(b) and appointed by the President, may appoint additional persons in various categories, for participation in Conference activities, but without voting privileges. These categories include senior fellows, special counsels, and liaison representatives from other government entities or professional associations. The estimated maximum number of such individuals that may also be required to submit the Substitute Disclosure Form at any particular time is 45.

Prior to the termination of funding for ACUS in 1995, the agency was authorized to use for this purpose a simplified form that was a substitute for OGE Standard Form 450. The simplified substitute form was approved by OGE following a determination by the ACUS Chairman, pursuant to 5 CFR 2634.905(a), that greater disclosure is not required because the limited nature of the agency's authority makes very remote the possibility that a real or apparent conflict of interest will occur. ACUS received OMB approval for the simplified substitute form in 1994.

ACUS was re-established in 2010. On June 10, 2010, OGE renewed its approval for this simplified substitute form, which ACUS must provide to its non-government members in advance of membership meetings. ACUS received emergency approval from OMB under 5 CFR 1320.13 for use of this form through March 31, 2011, so that there would be no delay in commencing the committee and Conference activities of the non-government members necessary to the implementation of its statutory responsibilities to identify and recommend improvements of Federal administrative procedures. This proposed information collection was previously published in the Federal Register at 75 FR 60404 (September 30, 2010), allowing for a 60-day comment period. The purpose of this notice is to allow an additional 30 days for public comment.

As required by the Ethics in Government Act, 5 U.S.C. App. 107(a); Executive Order 12674, section 201(d); and OGE regulations, 5 CFR 2634.901(d), copies of the substitute form submitted to ACUS by its members are confidential and may not be released to the public.

The proposed “Substitute Confidential Employment and Financial Disclosure” form and the Supporting Statement submitted to OMB may be viewed at: http://www.reginfo.gov/​public/​do/​PRAMain. To view these documents, select “Administrative Conference of the United States” under Current Inventory; click on the ICR Reference Number; then click on either “View Information Collection (IC) List” or “View Supporting Statement and Other Documents.”

The total annual burden on respondents is estimated to be 135 hours, based on estimates of 90 persons submitting the form an average of 6 times per year, requiring no more than 15 minutes per response.

Interested persons are invited to submit comments regarding this burden estimate or any other aspect of this information collection, including its necessity, utility and clarity for the proper performance of the Conference's functions.

Dated: January 14, 2011.

Shawne C. McGibbon,

General Counsel.