[Federal Register: May 3, 2002 (Volume 67, Number 86)]
[Rules and Regulations]
[Page 22348-22349]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03my02-2]
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OFFICE OF GOVERNMENT ETHICS
5 CFR Part 2634
RIN 3209-AA00
Technical Amendments to Qualified Trust Model Certificates
Privacy and Paperwork Notices
AGENCY: Office of Government Ethics (OGE).
ACTION: Final rule; technical amendments.
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SUMMARY: The Office of Government Ethics is revising the Privacy Act
and Paperwork Reduction Act notices for the model qualified trust
certificates of independence and compliance, as codified in an appendix
to its executive branchwide financial disclosure regulations, to make a
couple minor updating changes.
EFFECTIVE DATE: June 3, 2002.
FOR FURTHER INFORMATION CONTACT: William E. Gressman, Senior 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 technical
Privacy Act and paperwork-related revisions to appendix C of its
executive branchwide financial disclosure regulation codified at 5 CFR
part 2634. Appendix C sets forth the Privacy Act and Paperwork
Reduction Act (public burden) notices for the certificates of
independence and compliance (as themselves codified at appendixes A and
B to part 2634) for qualified blind and qualified diversified trusts
under the Ethics in Government Act of 1978, 5 U.S.C. appendix. First,
OGE is adding the words ``judge- issued'' before the word ``subpoena''
in the routine use paraphrased in paragraph (3) of the Privacy Act
Statement in appendix C order to more accurately reflect case law
requirements for any such disclosures. The Office of Government Ethics
is also working on a revised notice for its executive branchwide OGE/
GOVT-1 system of records that will include a similar revision. Second,
OGE is revising the Public Burden Information and Paperwork Reduction
Act Statement in appendix C to indicate the current title of the OGE
official to contact for any paperwork comments, the Deputy Director for
Administration and Information Management. These changes were included
in the recent three-year paperwork renewal OGE received from the Office
of Management and Budget for the model certificates and ten other
uncodified model trust documents.
Matters of Regulatory Procedure
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 and the opportunity for public comment as
to these revisions. The notice and comment are being waived because
these technical amendments concern matters of agency organization,
practice and procedure. Moreover, it is in the public interest that
these updating technical revisions take effect promptly.
Executive Order 12866
In promulgating these technical amendments to appendix C 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 the Executive order, since they are not
deemed ``significant'' thereunder.
Executive Order 12988
As Director of the Office of Government Ethics, I have reviewed
this final amendatory regulation in light of section 3 of Executive
Order 12988, Civil Justice Reform, and certify that it meets the
applicable standards provided therein.
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 who seek OGE approval for the creation of
Ethics Act-qualified blind and diversified trusts 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
recently granted its paperwork approval for a period of three years for
the certificates as codified in appendixes A, B and C to 5 CFR part
2634, with only the latter procedural appendix C being amended in this
rulemaking document.
Unfunded Mandates Reform Act
For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
chapter 25, subchapter II), this rule will not significantly or
uniquely affect small governments and will not result in increased
expenditures by State, local, and tribal governments, in the aggregate,
or by the private sector, of $100 million or more (as adjusted for
inflation) in any one year.
Congressional Review Act
The Office of Government Ethics has determined that this amendatory
rulemaking is a nonmajor rule under the Congressional Review Act (5
U.S.C. chapter 8) and has submitted a report thereon to the United
States Senate, House of Representatives and General Accounting Office
in accordance with that law.
List of Subjects in 5 CFR Part 2634
Certificates of divestiture, Conflict of interests, Financial
disclosure, Government employees, Penalties, Privacy, Reporting and
recordkeeping requirements, Trusts and trustees.
[[Page 22349]]
Approved: April 29, 2002.
Amy L. Comstock,
Director, Office of Government Ethics.
For the reasons set forth in the preamble, the Office of Government
Ethics is amending 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; Pub. L. 101-410, 104 Stat. 890, 28 U.S.C.
2461 note (Federal Civil Penalties Inflation Adjustment Act of
1990), as amended by Sec. 31001, Pub. L. 104-134, 110 Stat. 1321
(Debt Collection Improvement Act of 1996); 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.
Appendix C to Part 2634--[Amended]
2. Appendix C to part 2634 is amended by adding the words ``judge-
issued'' before the word ``subpoena'' in the paragraph numbered (3) of
the Privacy Act Statement, and by removing the words ``Associate
Director for Administration'' from the second sentence of the first
paragraph of the Public Burden Information and Paperwork Reduction Act
Statement and adding in their place the words ``Deputy Director for
Administration and Information Management''.
[FR Doc. 02-11025 Filed 5-2-02; 8:45 am]
BILLING CODE 6345-01-P