Rules and Regulations. Notice

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 6690-01-M FEDERAL COMMUNICATIONS COMMISSION [Report No. 2827] Petitions for Reconsideration and Clarification of Action in Rulemaking Proceeding August 14, 2007. Petitions for Reconsideration have been filed in the Commission's Rulemaking proceeding listed in this Public Notice and published pursuant to 47 CFR 1.429(e). The full text of these documents is available for viewing and copying in Room CY-B402, 445 12th Street, SW., Washington, DC or may be purchased from the Commission's copy contractor, Best Copy and Printing, Inc.

(BCPI)(1-800-378-3160). Oppositions to these petitions must be filed by September 4, 2007. See Section 1.4(b)(1) of the Commission's rules (47 CFR 1.4(b)(1)). Replies to oppositions must be filed within 10 days after the time for filing oppositions have expired. Subject: In the Matter of Recommendations of the Independent Panel Reviewing the Impact of the Hurricane Katrina on Communications Networks (EB Docket No. 06-119) (WC Docket No. 06-63). Number of Petitions Filed: 7. William F. Caton, Deputy Secretary. [FR Doc. E7-16301 Filed 8-17-07; 8:45 am] BILLING CODE 6712-01-P FEDERAL MARITIME COMMISSION [Docket No. 07-01] APM Terminals North America, Inc. v. The Port Authority of New York and New Jersey; The Port Authority of New York and New Jersey v. Maher Terminals LLC; Notice of Filing of Third-Party Complaint Notice is given that a Third-Party Complaint has been filed with the Federal Maritime Commission by the Port Authority of New York and New Jersey (“PANYNJ” or “Third-Party Complainant”) against Maher Terminals LLC (“Maher” or “Third-Party Respondent”), a Marine Terminal Operator, in this proceeding noticed on January 17, 2007 (46 FR 1997). The Third-Party Complainant here, PANYNJ, is respondent in this proceeding in which APM Terminals North American, Inc. (“APM” or “Complainant”) asserts that PANYNJ has violated the Shipping Act of 1984 by failing to turnover a certain land parcel to APM. PANYNJ asserts that Maher is liable to it if PANYNJ is liable to APM. Specifically, PANYNJ asserts that Maher violated section 10(a)(3) of the Shipping Act (46 U.S.C. 41102(b)(2)) by failing to vacate certain lease premises as required by Lease EP-249 between PANYNJ and Maher. PANYNJ alleges that it was unable to meet its obligations to turn over marine terminal land designated in a lease it had with APM as a direct result of Third-Party Respondent's refusal to turn this land over as specified under the terms of its separate Lease EP-249. The Third-Party Complainant further alleges that section 249 of Lease EP-249 between it and the Third-Party Respondent, specifically required Third-Party Respondent to turn over this land so that it could be delivered to AMP. The Third-Party Complainant further contends that Lease EP-249 required Maher:

(1)To indemnify and hold harmless the Third-Party Complainant for any damages resulting from the Third-Party Respondent's failure to turn over the Added Premises in a timely manner and

(2)to defend PANYNJ at Maher's sole expense for any claim arising out of its terminal operation. PANYNJ also contends that “any fair reading of eases EP-248 and EP-249 which were negotiated and entered into almost simultaneously reveals that the parties well knew that the Added Premises, then occupied by Maher, might not be handed over to AMP by December 31, 2007 * * * and that the eases contained provisions as to available remedies should that transfer not occur on time.” The PANYNJ prays that Maher be required to answer the changes in this Third-Party Complaint and that after appropriate process and procedure, Maher be order to pay reparation to PANYNJ in the amount of any damages and costs due to AMP as the result of the failure of PANYNJ to timely deliver the Added Premises and pursuant to 46 U.S.C. 41305(c) twice the amount of the reasonable fees, costs, and expenses incurred by PANYNJ in defending the AMP action. Karen V. Gregory, Assistant Secretary. [FR Doc. E7-16268 Filed 8-17-07; 8:45 am] BILLING CODE 6730-01-P FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than September 14, 2007. **A. Federal Reserve Bank of Atlanta** (David Tatum, Vice President) 1000 Peachtree Street, N.E., Atlanta, Georgia 30309: *1. Anderen Financial of TampaBay, Inc.* , Clearwater, Florida; to become a bank holding company by acquiring 100 percent of the voting shares of Anderen Bank of Tampa Bay, Palm Harbor, Florida (in organization). *2. Banco Popular Espanol, S.A.* , Madrid, Spain; to become a bank holding company by acquiring 100 percent of the voting shares of TotalBank, Miami, Florida. **B. Federal Reserve Bank of Chicago** (Burl Thornton, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414: *1. SB Bancorp, Inc.* , DeForest, Wisconsin; to become a bank holding company by acquiring 100 percent of the voting shares of Settlers Bank, DeForest, Wisconsin (in organization). **C. Federal Reserve Bank of St. Louis** (Glenda Wilson, Community Affairs Officer) 411 Locust Street, St. Louis, Missouri 63166-2034: *1. M & P Community Bancshares, Inc. 401(k) Employee Stock Ownership Plan* , Newport, Arkansas; to acquire additional voting shares, not to exceed 32 percent of the total voting shares of M & P Community Bancshares, Inc., and thereby indirectly acquire additional voting shares of Merchants & Planters Bank, both of Newport, Arkansas, and Greers Ferry Lake State Bank, Heber Springs, Arkansas. **D. Federal Reserve Bank of San Francisco** (Tracy Basinger, Director, Regional and Community Bank Group) 101 Market Street, San Francisco, California 94105-1579: *1. Franklin Resources, Inc.* , San Mateo, California; to acquire 5.31 percent of the voting shares of Chemical Financial Corporation, and thereby indirectly acquire voting shares of Chemical Bank, both of Midland, Michigan. Board of Governors of the Federal Reserve System, August 15, 2007. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E7-16295 Filed 8-17-07; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Notice of Proposals to Engage in Permissible Nonbanking Activities or to Acquire Companies that are Engaged in Permissible Nonbanking Activities The companies listed in this notice have given notice under section 4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and Regulation Y (12 CFR Part 225) to engage *de novo* , or to acquire or control voting securities or assets of a company, including the companies listed below, that engages either directly or through a subsidiary or other company, in a nonbanking activity that is listed in § 225.28 of Regulation Y (12 CFR 225.28) or that the Board has determined by Order to be closely related to banking and permissible for bank holding companies. Unless otherwise noted, these activities will be conducted throughout the United States. Each notice is available for inspection at the Federal Reserve Bank indicated. The notice also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the question whether the proposal complies with the standards of section 4 of the BHC Act. Additional information on all bank holding companies may be obtained from the National Information Center website at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding the applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than September 4, 2007. **A. Federal Reserve Bank of New York** (Anne MacEwen, Bank Applications Officer) 33 Liberty Street, New York, New York 10045-0001: *1. Banco Latinoamericano de Exportaciones S.A.* , Panama City, Republic of Panama; to engage *de novo* through its subsidiary, Bladex Asset Managment, New York, New York, in serving as investment adviser, including sponsoring, organizing and managing a closed-end investment company, pursuant to section 225.28(b)(6)(i); furnishing general economic information and advice, general economic statistical forecasting services, and industry studies, pursuant to section 225.28(b)(6)(ii); providing advice in connection with mergers, acquisitions, divestitures, investments, joint ventures, leveraged buyouts, recapitalizations, capital structurings, financing transactions and similar transactions, and conducting financial feasibility studies, pursuant to section 225.28(b)(6)(iii); providing information, statistical forecasting, and advice with respect to any transaction in foreign exchange, swaps, and similar transactions, commodities, and any forward contract, option, future, option on a future, and similar instruments, pursuant to section 225.28(b)(6)(iv); providing educational courses, and instructional materials to consumers on individual financial management matters, pursuant to section 225.28(b)(6)(v); and providing tax-planning and tax-preparation services to any person, pursuant to section 225.28(b)(6)(vi), all of Regulation Y. In addition, Applicant also has applied to engage in providing administrative services to mutual funds, including, but not limited do, recordkeeping, providing legal and regulatory advice, developing compliance procedures, preparing reports and tax returns, and coordinating with the funds' other advisers and service providers. See *Dresdner Bank AG, 82 Federal Reserve Bulletin 676 (1996)* . Board of Governors of the Federal Reserve System, August 15, 2007. Jennifer J. Johnson, Secretary of the Board. [FR Doc.E7-16296 Filed 8-19-07; 8:45 am] BILLING CODE 6210-01-S FEDERAL TRADE COMMISSION Agency Information Collection Activities; Proposed Collection; Comment Request; Extension AGENCY: Federal Trade Commission. ACTION: Notice. SUMMARY: The information collection requirements described below will be submitted to the Office of Management and Budget (“OMB”) for review, as required by the Paperwork Reduction Act (“PRA”). The Federal Trade Commission (“FTC” or “Commission”) is seeking public comments on its proposal to extend through June 30, 2010, the current OMB clearance for information collection requirements contained in its Used Motor Vehicle Trade Regulation Rule (“Used Car Rule” or “Rule”). That clearance expires on December 31, 2007. DATES: Comments must be filed by October 19, 2007. ADDRESSES: Interested parties are invited to submit written comments. Comments should refer to “Used Car Rule: FTC Matter No. P067609,” to facilitate the organization of comments. A comment filed in paper form should include this reference both in the text and on the envelope and should be mailed or delivered, with two complete copies, to the following address: Federal Trade Commission, Room H-135 (Annex J), 600 Pennsylvania Ave., NW., Washington, DC 20580. Because paper mail in the Washington area and at the Commission is subject to delay, please consider submitting your comments in electronic form, as prescribed below. However, if the comment contains any material for which confidential treatment is requested, it must be filed in paper form, and the first page of the document must be clearly labeled “Confidential.” 1 1 Commission Rule 4.2(d), 16 CFR 4.2(d). The comment must be accompanied by an explicit request for confidential treatment, including the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. The request will be granted or denied by the Commission's General Counsel, consistent with applicable law and the public interest. *See* Commission Rule 4.9(c), 16 CFR 4.9(c). Comments filed in electronic form should be submitted by following the instructions on the web-based form at *https://secure.commentworks.com/ftc-UsedCarRule* . To ensure that the Commission considers an electronic comment, you must file it on the web-based form at the *https://secure.commentworks.com/ftc-UsedCarRule* weblink. If this notice appears at *http://www.regulations.gov* , you may also file an electronic comment through that Web site. The Commission will consider all comments that regulations.gov forwards to it. The FTC Act and other laws the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. All timely and responsive public comments will be considered by the Commission and will be available to the public on the FTC Web site, to the extent practicable, at *http://www.ftc.gov* . As a matter of discretion, the FTC makes every effort to remove home contact information for individuals from the public comments it receives before placing those comments on the FTC Web site. More information, including routine uses permitted by the Privacy Act, may be found in the FTC’s privacy policy at *http://www.ftc.gov/ftc/privacy.htm* . FOR FURTHER INFORMATION CONTACT: Requests for additional information should be addressed to John C. Hallerud, Attorney, Midwest Region, Federal Trade Commission, 55 West Monroe, Suite 1825, Chicago, Illinois 60603,

(312)960-5634. SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act (“PRA”), 44 U.S.C. 3501-3520, federal agencies must obtain approval from OMB for each collection of information they conduct or sponsor. “Collection of information” means agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. 44 U.S.C. 3502(3); 5 CFR 1320.3(c). As required by section 3506(c)(2)(A) of the PRA, the FTC is providing this opportunity for public comment before requesting that OMB extend the existing paperwork clearance for the regulations noted herein. The FTC invites comments on:

(1)Whether the required collection of information is necessary for the proper performance of the functions of the agency, including whether the information has practical utility;

(2)the accuracy of the agency’s estimate of the burden of the required collection of information, including the validity of the methodology and assumptions used;

(3)ways to enhance the quality, utility, and clarity of the information to be collected; and

(4)ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. All comments should be filed as prescribed in the ADDRESSES section above, and must be received on or before October 19, 2007. The Used Car Rule facilitates informed purchasing decisions by requiring used car dealers to disclose information about warranty coverage, if any, and the mechanical condition of used cars that they offer for sale. The Rule requires that used car dealers display a form called a “Buyers Guide” on each used car offered for sale that, among other things, discloses information about warranty coverage. Burden statement: **Estimated total annual hours burden:** 2,250,000 hours. The Rule has no recordkeeping requirements. The estimated burden relating solely to disclosure requirements is 2,250,000 hours. As explained in more detail below, this estimate is based on the number of used car dealers (approximately 63,000 2 ), the number of used cars sold by dealers annually (approximately 28,029,000 3 ), and the time needed to fulfill the information collection tasks required by the Rule. 4 2 CNW Marketing Research, Inc. CNW lists franchised outlets with used car operations as 19,017 and independent used car outlets as 43,521 in June 2007, for a total of 62,538 outlets. Staff rounded that figure to 63,000. 3 *Id* . 4 Some dealers opt to contract with outside contractors to perform the various tasks associated with complying with the Rule. Staff assumes that outside contractors would require about the same amount of time and incur similar cost as dealers to perform these tasks. Accordingly, the hour and cost burden totals shown, while referring to “dealers,” incorporate the time and cost borne by outside companies in performing the tasks associated with the Rule. The Rule requires that used car dealers display a one-page, double-sided Buyers Guide on each used car that they offer for sale. The component tasks associated with the Rule’s required display of Buyers Guides include:

(1)ordering and stocking Buyers Guide forms;

(2)entering applicable data on Buyers Guides;

(3)posting the Buyers Guides on vehicles;

(4)making any necessary revisions in Buyers Guides; and

(5)complying with the Rule’s requirements for sales conducted in Spanish. *1. Ordering and Stocking Buyers Guides:* Dealers should need no more than an average of two hours per year to obtain Buyers Guides, 5 which are readily available from many commercial printers or can be produced by an office word-processing or desk-top publishing system. 6 Based on a population of 63,000 dealers, the annual hours burden for producing or obtaining and stocking Buyers Guides is 126,000 hours. 5 In the FTC’s 2004 PRA notice staff estimated the time needed to purchase Buyers Guides as one hour per year. 69 FR 63535, 63536 (Nov. 2, 2004) (addressing comments). Based on industry input, staff believes that more time may be spent purchasing Buyers Guides than previously estimated because dealers periodically may change the warranty coverage that they offer and the corresponding preprinted Buyers Guides that they purchase. 6 Buyers Guides are also available online from the FTC’s Web site, *www.ftc.gov,* as links to *A Dealer’s Guide to the Used Car Rule* at *http://www.ftc.gov/bcp/conline/pubs/buspubs/usedcarc.shtm.* *2. Entering Data on Buyers Guides:* The amount of time required to enter applicable data on Buyers Guides may vary substantially, depending on whether a dealer has automated the process. For used cars sold “as is,” copying vehicle-specific data from dealer inventories to Buyers Guides and checking the “No Warranty” box may take two to three minutes per vehicle if done by hand, and only seconds for those dealers who have automated the process or use pre-printed forms. Staff estimates that this task will require an average of two minutes per Buyers Guide. 7 Similarly, for used cars sold under warranty, the time required to check the “Warranty” box and to add warranty information, such as the additional information required in the Percentage of Labor/Parts and the Systems Covered/Duration sections of the Buyers Guide will depend on whether the dealer uses a manual or automated process or Buyers Guides that are pre-printed with the dealer’s standard warranty terms. Staff estimates that these tasks will take an average of one additional minute, *i.e.* , cumulatively, an average total time of three minutes for each used car sold under warranty. 7 The 2004 PRA notice estimated the average time spent for this task as one-and-one half minutes. 69 FR at 63536. Based upon comments received at that time and additional industry input in preparing this notice, staff has revised its estimate upward to 2 minutes. Staff estimates that approximately fifty percent of used cars sold by dealers are sold “as is,” with the other one half sold under warranty. 8 Therefore, staff estimates that the overall time required to enter data on Buyers Guides consists of 467,000 hours for used cars sold without a warranty (28,029,000 × 50% × 2 minutes per vehicle) and 701,000 hours for used cars sold under warranty (28,029,000 × 50% × 3 minutes per vehicle) for a cumulative estimated total of 1,168,000 hours. 8 The 2004 PRA notice estimated that sixty percent of sales were “as is.” 69 FR at 63536. Industry input suggests that more used cars are now sold with warranties because of an increase in the availability of manufacturers’ certified used car programs and a longer duration of manufacturers’ original new car warranties. *See also* Manheim Market Report, p. 35, citing Autodata Corporation (Table noting that 1.6 million certified pre-owned used cars were sold in 2006, which constitutes a two percent increase in certified used car sales from 2004 and approximately six percent of the used cars sold by dealers in 2006). Staff thus has decreased its estimate of the number of “as is” sales from the prior PRA notice. *3. Displaying Buyers Guides on Vehicles:* Although the time required to display the Buyers Guides on each used car may vary substantially, FTC staff estimates that dealers will spend an average of 1.75 minutes per vehicle to match the correct Buyers Guide to the vehicle and to display it on the vehicle. 9 The estimated burden associated with this task is approximately 818,000 hours for the 28,029,000 vehicles sold in 2006 (28,029,000 × 1.75 minutes per vehicle). 9 The 2004 PRA notice also stated this estimate. See 69 FR at 63536. Absent specific industry estimates to the contrary, staff continues to believe this estimate is reasonable. *4. Revising Buyers Guides as Necessary:* If negotiations between the buyer and seller over warranty coverage produce a sale on terms other than those originally entered on the Buyers Guide, the dealer must revise the Buyers Guide to reflect the actual terms of sale. According to the original rulemaking record, bargaining over warranty coverage rarely occurs. Staff notes that consumers often do not need to negotiate over warranty coverage because they can find vehicles that are offered with the desired warranty coverage online or in other ways before ever contacting a dealer. Accordingly, staff assumes that the Buyers Guide will be revised in no more than two percent of sales, with an average time of two minutes per revision. 10 Therefore, staff estimates that dealers annually will spend approximately 19,000 hours revising Buyers Guides (28,029,000 × 2% × 2 minutes per vehicle). 10 See note 10. *5. Spanish Language Sales:* The Rule requires that contract disclosures be made in Spanish if a sale is conducted in Spanish. 11 The Rule permits displaying both an English and a Spanish language Buyers Guide to comply with this requirement. 12 Many dealers with large numbers of Spanish-speaking customers likely will post both English and Spanish Buyers Guides to avoid potential compliance violations. 11 16 CFR 455.5. 12 *Id* . Calculations from United States Census Bureau surveys indicate that approximately six percent of the United States population speaks Spanish at home, without also speaking fluent English. 13 Staff therefore projects that approximately six percent of used car sales will be conducted in Spanish. Dealers will incur the additional burden of completing and displaying a second Buyers Guide in six percent of sales assuming that dealers choose to comply with the Rule by posting both English and Spanish Buyers Guides. The annual hours burden associated with completing and posting Buyers Guides is 1,986,000 hours (1,168,000 hours for entering data on Buyers Guides + 818,000 hours for posting). Therefore, staff estimates that the additional burden caused by the Rule’s requirement that dealers display Spanish language Buyers Guides when conducting sales in Spanish is 119,000 hours (6% × 1,986,000 hours). The other components of the annual hours burden, *i.e.* , purchasing Buyers Guides and revising them for changes in warranty coverage, would remain unchanged. 13 U.S. Census Bureau, Table S1601. Language Spoken at Home. 2005 American Community Survey available at: *http://factfinder.census.gov/servlet/STTable?_bm=y&-geo_id=01000US&-qr_name=ACS_2005_EST_G00_S1601&-ds_name=ACS_2005_EST_G00_&-_lang=en&-redoLog=false&-CONTEXT=st.* The table indicates that 19.4% of the U.S. population do not speak English at home, 62% of this group speaks Spanish at home, and 47.8% of those home Spanish speakers speak English less than “very well.” *Estimated annual cost burden:* $32,876,000, consisting of $27,270,000 in labor costs and $5,606,000 in non-labor costs. *Labor costs:* Labor costs are derived by applying appropriate hourly cost figures to the burden hours described above. Staff has determined that all of the tasks associated with ordering forms, entering data on Buyers Guides, posting Buyers Guides on vehicles, and revising them as needed, including the corresponding tasks associated with Spanish Buyers Guides, are typically done by clerical or low-level administrative personnel. Using a clerical cost rate of $12.12 per hour 14 and an estimated burden of 2,250,000 hours for disclosure requirements, the total labor cost burden would be approximately $27,270,000. 14 The hourly rate is based on Bureau of Labor Statistics estimate of the mean hourly wage for office clerks, general, No. 43-9061. National Occupational Employment and Wage Estimates, May 2006 available at: *http://www.bls.gov/oes/current/oes439061.htm* . *Capital or other non-labor costs:* Although the cost of Buyers Guides can vary considerably, based on industry input staff estimates that the average cost of each Buyers Guide is 20 cents. Buyers Guides for the 28,029,000 used cars sold by dealers in 2006 would cost approximately $5,606,000. In making this estimate, staff conservatively assumes that all dealers will purchase preprinted forms instead of producing them internally, although dealers may produce them at minimal expense using current office automation technology. Capital and start-up costs associated with the Rule are minimal. William Blumenthal, General Counsel. [FR Doc. E7-16239 Filed 8-17-07: 8:45 am] BILLING CODE: 6750-01-S 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 Office of Government Ethics 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 for extension of approval (up to two years) by the Office of Management and Budget

(OMB)under the Paperwork Reduction Act. OGE is proposing no changes to these forms at this time. As in the past, OGE will notify filers of an update to the privacy information contained in the existing forms, and will post a notification thereof on its Web site. DATES: Written comments by the public and the agencies on this proposed extension are invited and must be received by September 19, 2007. ADDRESSES: Comments should be sent to Brenda Aguilar, OMB Desk Officer for OGE, Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Room 10235, Washington, DC 20503; Telephone: 202-395-7316; FAX: 202-395-6974. FOR FURTHER INFORMATION CONTACT: Paul D. Ledvina, Records Officer, Information Resources Management Division at the Office of Government Ethics; Telephone: 202-482-9281; TDD: 202-482-9293; FAX: 202-482-9237; E-mail: *pdledvin@oge.gov* . The model certificates of independence and compliance for qualified trusts are codified in appendixes A, B, and C to 5 CFR part 2634. Copies of the model trust documents are available through the Forms, Publications & Other Ethics Documents section of OGE's Web site at *http://www.usoge.gov* . Copies of the qualified trust model certificates and the model trust documents may also be obtained, without charge, by contacting Mr. Ledvina. SUPPLEMENTARY INFORMATION: The Office of Government Ethics intends to submit, shortly after this 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 two-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 is scheduled to expire at the end of September 2007. OGE is proposing no changes to the twelve qualified trust certificates and model trust documents at this time. Privacy Act Statement 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 and the modification of one of the existing routine uses (the seventh one listed on the model trust forms). See 68 FR 3097-3109 (January 22, 2003), as corrected at 68 FR 24744 (May 8, 2003). As a result, the Privacy Act Statement on each of the qualified trust model certificates and documents, which includes paraphrases of the routine uses, is affected. OGE has not incorporated this update into the qualified trust model certificates and documents at this time, since a more thorough revision of these information collections is planned within the next two years. Upon distribution of the trust model certificates and documents, OGE will continue to inform users of the update to the Privacy Act Statement. OGE will also post a notification thereof on its Web site to accompany the model certificates and documents. Model Trust Form Users 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 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 Act, 5 U.S.C. app. 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. Model Trust Forms and Documents There are two categories of information collection requirements that OGE plans to submit for renewed paperwork approval, each with its own related reporting model trust 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) and (b), 2634.408, 2634.409 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; 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) and (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). As noted above, blank copies of each of these model documents are posted on OGE's Web site. 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, 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 (by filling out an OGE Form 201 access form). Reporting Burden The Office of Government Ethics administers the qualified trust program for the executive branch. Therefore, the estimated burden figures provided below represent branchwide implementation of the forms. The estimated hour burden, which remains the same as last indicated by OGE in its prior second round paperwork renewal notice in 2005 (70 FR 31471-31472 June 1, 2005), 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 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 active trusts anticipated to be under administration for each of the next two 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. Consideration of Comments On May 14, 2007, OGE published a first round notice of its intent to request paperwork clearance for the proposed unmodified qualified trust certificates and model trust documents. See 72 FR 27132-27134. OGE received only one response to that notice, which was critical of the Government, and provided no specific comment about the proposed renewal of these documents. In this second notice, public comment is again invited on the 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: August 13, 2007. Robert I. Cusick, Director, Office of Government Ethics. [FR Doc. E7-16305 Filed 8-17-07; 8:45 am] BILLING CODE 6345-02-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Submission for OMB Review; Comment Request *Title:* Case Plan Requirement, Section 422, 471(a)(16), 475(1) and 475(5)(A) of the Social Security Act. *OMB No.:* 0980-0140. *Description:* The Administration for Children and Families

(ACF)is requesting authority to renew an existing information collection that is expiring October 31, 2007. The collection of information for the case plan requirement is authorized by titles IV-B, Section 422 (42 U.S.C. 422), and IV-E, Sections 471 and 475 (42 U.S.C. 471 and 475) of the Social Security Act (the Act). States must develop State plans for both titles IV-B and IV-E that are approved by the Secretary, U.S. Department of Health and Human Services. Both plans require that States maintain a case review system that periodically reviews case plans developed for each child receiving services under the Act. Title IV-B provides for child welfare services funding and title IV-E provides for foster care maintenance payments for eligible children. Sections 422(b)(2) and (8)(A)(ii) of the Act require States to coordinate services and assistance under Federal programs, including titles IV-B and IV-E, and to ensure that States are operating a case review system that meets the requirements of section 475(5) of the Act. Title IV-E funding, Section 471(a) of the Act, requires that State plans provide for the development of a case plan for each child receiving foster care maintenance payments and provide for a case review system that meets the requirements described in section 475(5)(B) of the Act with respect to each child. The case plan is a written document that provides a narrative description of the child-specific program of care that addresses the needs of each child regarding safety, permanency and well-being. Federal regulations at 45 CFR 1356.21(g) and section 475(1) of the Act delineate the specific information that should be addressed in the case plan. ACF neither specifies a recordkeeping format for the case plan nor requires submission of the case plan to the Federal Government. Case plan information is recorded in a format developed and maintained by State child welfare agencies. Case plans are periodically reviewed under the purview of State case review systems. In computing the number of burden hours for this information collection, ACF based the annual burden estimates on States' experiences in developing case plans. *Respondents:* State title IV-B and title IV-E Agencies. Annual Burden Estimates Instrument Number of respondents Number of responses per respondent Average burden hours per response Total burden hours Case Plan 638,735 1 4.0 2,554,940 *Estimated Total Annual Burden Hours:* 2,554,940. Additional Information Copies of the proposed collection may be obtained by writing to the Administration for Children and Families, Office of Administration, Office of Information Services, 370 L'Enfant Promenade, SW., Washington, DC 20447, Attn: ACF Reports Clearance Officer. All requests should be identified by the title of the information collection. E-mail address: *infocollection@acf.hhs.gov.* OMB Comment OMB is required to make a decision concerning the collection of information between 30 and 60 days after publication of this document in the **Federal Register** . Therefore, a comment is best assured of having its full effect if OMB receives it within 30 days of publication. Written comments and recommendations for the proposed information collection should be sent directly to the following: Office of Management and Budget, Paperwork Reduction Project, Fax: 202-395-6974, *Attn:* Desk Officer for the Administration for Children and Families. Dated: August 14, 2007. Robert Sargis, Reports Clearance Officer. [FR Doc. 07-4045 Filed 8-17-07; 8:45 am]

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