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1444 Federal Register / Vol. 70, No.

5 / Friday, January 7, 2005 / Notices

distribution, or payment to any creditor • The cap on average total assets that limits by rounding to the nearest
of lesser priority, including but not defines a CFI (CFI Asset Cap). See 12 dollar.1
limited to claims of general creditors. U.S.C. 1422(13) and 12 CFR 925.1. • AHP. The limit on contributions
Any such claims are hereby determined • The limits on annual compensation towards homeownership set-aside
to be worthless. for Bank directors. See 12 U.S.C. programs increased to $3.2 million
FOR FURTHER INFORMATION CONTACT: 1427(i)(2) and 12 CFR 918.3(a). (2004 limit was $3.1 million). The limit
Thomas Bolt, Counsel, Legal Division, • Maximum dollar limits allocations on contributions towards an additional
FDIC, 550 17th Street, NW., Room H– by a Bank of its annual required AHP first-time homebuyer set-aside program
11052, Washington, DC 20429. contributions towards homeownership remains at $1.6 million. The limit on
Telephone: (202) 736–0168. set-aside programs and an additional allocations from a Bank’s annual
SUPPLEMENTARY INFORMATION: Financial homeownership set-aside program required AHP contribution for the
Institution in Receivership Determined assisting first-time homebuyers, and subsequent year to the current year’s
To Have Insufficient Assets to Satisfy from its annual required AHP competitive application program
All Claims, FIN 4662, Pulaski Savings contribution for the subsequent year to increased to $3.2 million (2004 limit
Bank, Philadelphia, Pennsylvania. the current year’s competitive was $3.1 million). The limits on
application program. See 12 CFR allocations from AHP contributions are
Federal Deposit Insurance Corporation. rounded to the nearest $100,000.1
Robert E. Feldman,
These annual adjustments, which are Dated: December 30, 2004.
Executive Secretary.
effective January 1, 2005, are based on By the Federal Housing Finance Board.
[FR Doc. E5–31 Filed 1–6–05; 8:45 am]
the percentage increase in the CPI–U Ronald A. Rosenfeld,
from November 2003 to November 2004. Chairman.
The CPI–U increased 3.5 percent from [FR Doc. 05–305 Filed 1–6–05; 8:45 am]
November 2003 to November 2004. BILLING CODE 6725–01–P

FEDERAL HOUSING FINANCE BOARD The Finance Board uses data from
November rather than waiting for the
December data, which is published in
mid-January, in order to provide notice
to the Banks as close to the January 1st Proposed Collection; Comment
Notice of Annual Adjustments
effective date as possible. This is Request for Unmodified Qualified Trust
AGENCY: Federal Housing Finance consistent with the practice of other Model Certificates and Model Trust
Board. Federal agencies that rely on other than Documents
ACTION: Notice. December data when calculating annual
inflation adjustments so they can AGENCY: Office of Government Ethics
SUMMARY: The Federal Housing Finance announce their adjustments prior to the (OGE).
Board (Finance Board) has adjusted the effective date of January 1. The Finance ACTION: Notice.
cap on average total assets that defines Board also uses data that has not been
a ‘‘Community Financial Institution’’ seasonally adjusted. The DOL SUMMARY: After this first round notice
(CFI) and the limits on annual encourages the use of CPI–U data that and public comment period, OGE plans
compensation for Federal Home Loan has not been seasonally adjusted in to submit the executive branch qualified
Bank (Bank) directors based on the ‘‘escalation agreements’’ because trust model certificates and model trust
annual percentage increase in the seasonal factors are updated annually documents to the Office of Management
Consumer Price Index for all urban and seasonally adjusted data are subject and Budget (OMB) for two-year
consumers (CPI–U), as published by the to revision for up to five years following extension of approval under the
U.S. Department of Labor (DOL). The the original release. Unadjusted data are Paperwork Reduction Act. In all, a total
Finance Board also has made similar not routinely subject to revision, and of twelve OGE model certificates and
adjustments to the maximum dollar previously published unadjusted data model documents for qualified trusts are
limits on certain allocations by a Bank are corrected only when significant involved. OGE is proposing no changes
of its annual required Affordable calculation errors are discovered. to these forms.
Housing Program (AHP) contributions. Based on the 3.5 percent increase in DATES: Comments by the public and
FOR FURTHER INFORMATION CONTACT: the CPI–U, the Finance Board has made agencies on this proposed information
Scott L. Smith, Associate Director, by the following adjustments, effective collection extension are invited and
telephone at (202) 408–2991 or by January 1, 2005: should be received by March 23, 2005.
electronic mail at, or • CFI Asset Cap. The CFI Asset Cap ADDRESSES: Comments should be sent
Mark Edward Stover, Senior Economist, increased to $567 million (2004 limit to: Mary T. Donovan, Office of
by telephone at (202) 408–2828 or by was $548 million). The Finance Board Administration and Information
electronic mail at arrived at the adjusted limit of $567 Management, U.S. Office of Government
Send regular mail to the Federal million by rounding to the nearest Ethics, Suite 500, 1201 New York
Housing Finance Board, Office of million.1 Avenue, NW., Washington, DC 20005–
Supervision, Regulations and Research, • Bank Director Compensation. The 3917. Comments may also be sent
1777 F Street, NW., Washington, DC annual compensation limits for Bank electronically to OGE’s E-mail address
20006. directors increased for a chairperson to at (for E-mail messages,
SUPPLEMENTARY INFORMATION: The Bank $28,364 (2004 limit was $27,405), for a the subject line should include the
Act and Finance Board regulations vice-chairperson to $22,692 (2004 limit following reference—‘‘Qualified trust
require publication of annual was $21,924), and for all other board
1 Since the calculations are based on cumulative
adjustments to the following dollar members to $17,019 (2004 limit was
CPI–U changes applied to the limits as they first
amounts, based on any increase in the $16,443). The Finance Board arrived at appeared in Finance Board regulations, the changes
CPI–U, as published by the DOL: these adjusted annual compensation are not distorted over time by rounding.

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Federal Register / Vol. 70, No. 5 / Friday, January 7, 2005 / Notices 1445

model certificates and model trust regulatory citations for these two diversified trusts. The detailed
documents paperwork comment’’). categories, together with identification paperwork estimates below for the
FOR FURTHER INFORMATION CONTACT: Ms. of the forms used for their various trust certificates and model trust
Donovan at the U.S. Office of implementation, are as follows: documents are based on OGE’s
Government Ethics; telephone: 202– i. Qualified trust certifications—5 CFR experience with administration of the
482–9232; TDD: 202–482–9293; FAX: 2634.401(d)(2), 2634.403(b)(11), qualified trust program.
202–482–9237. A copy of the model 2634.404(c)(11), 2634.406(a)(3) & (b), i. Trust Certificates:
certificates and model documents for 2634.408, 2634.409 and appendixes A & A. Certificate of Independence: Total
qualified trusts may be obtained, B to part 2634 (the two implementing filers (executive branch): 5; Private
without charge, by contacting Ms. forms, the Certificate of Independence citizen filers (100%): 5; OGE-processed
Donovan. and Certificate of Compliance, are certificates (private citizens): 5; private
codified respectively in the cited citizen burden hours (20 minutes/
SUPPLEMENTARY INFORMATION: The Office appendixes; see also the Privacy Act certificate): 2.
of Government Ethics is planning to and Paperwork Reduction Act notices B. Certificate of Compliance: Total
submit, after this first round notice and thereto in appendix C); and filers (executive branch): 10; Private
comment period, all twelve qualified ii. Qualified trust communications citizen filers (100%): 10; OGE-processed
trust certificates and model documents and model provisions and agreements— certificates (private citizens): 10; private
described below (all of which are 5 CFR 2634.401(c)(1)(i) & (d)(2), citizen burden hours (20 minutes/
included under OMB paperwork control 2634.403(b), 2634.404(c), 2634.408 and certificate): 3; and
number 3209–0007) for a two-year 2634.409 (the ten implementing forms ii. Model Qualified Trust Documents:
extension of approval by OMB under are the: (A) Blind Trust A. Blind Trust Communications: Total
the Paperwork Reduction Act (44 U.S.C. Communications (Expedited Procedure Users (executive branch): 5; Private
chapter 35). At that time, OGE will for Securing Approval of Proposed citizen users (100%): 5; OGE-processed
publish a second paperwork notice in Communications); (B) Model Qualified documents (private citizens): 25 (based
the Federal Register to inform the Blind Trust Provisions; (C) Model on an average of five communications
public and the agencies. The current Qualified Diversified Trust Provisions; per user, per year); private citizen
paperwork approval for the model (D) Model Qualified Blind Trust burden hours (20 minutes/
certificates and model trust documents Provisions (For Use in the Case of communication): 8.
is scheduled to expire at the end of Multiple Fiduciaries); (E) Model B. Model Qualified Blind Trust: Total
March 2005. OGE is proposing no Qualified Blind Trust Provisions (For Users (executive branch): 2; Private
changes to the twelve qualified trust Use in the Case of an Irrevocable Pre- citizen users (100%): 2; OGE-processed
certificates and model documents at this Existing Trust); (F) Model Qualified models (private citizens): 2; private
time. In late 2006, OGE anticipates Diversified Trust Provisions (Hybrid citizen burden hours (100 hours/model):
modifying some or all of these Version); (G) Model Qualified 200.
information collections by rewriting Diversified Trust Provisions (For Use in C. Model Qualified Diversified Trust:
them in plain English in order to make the Case of Multiple Fiduciaries); (H) Total users (executive branch): 1;
them easier to understand. Model Qualified Diversified Trust Private citizen users (100%): 1; OGE-
OGE is the supervising ethics office Provisions (For Use in the Case of an processed models (private citizens): 1;
for the executive branch of the Federal Irrevocable Pre-Existing Trust); (I) private citizen burden hours (100 hours/
Government under the Ethics in Model Confidentiality Agreement model): 100.
Government Act of 1978 (Ethics Act). Provisions (For Use in the Case of a D.–H. Of the five remaining model
Presidential nominees to executive Privately Owned Business); and (J) qualified trust documents: Total users
branch positions subject to Senate Model Confidentiality Agreement (executive branch): 2; Private citizen
confirmation and any other executive Provisions (For Use in the Case of users (100%): 2; OGE-processed models
branch officials may seek OGE approval Investment Management Activities)). (private citizens): 2; private citizen
for Ethics Act qualified blind or The communications formats and the burden hours (100 hours/model): 200.
diversified trusts to be used to avoid confidentiality agreements (items ii (A), I.–J. Of the two model confidentiality
conflicts of interest. (I) and (J) above) would not be available agreements: Total users (executive
OGE is the sponsoring agency for the to the public because they contain branch): 1; Private citizen users (100%):
model certificates and model trust sensitive, confidential information. All 1; OGE-processed agreements (private
documents for qualified blind and the other completed model trust citizens): 1; private citizen burden hours
diversified trusts of executive branch certificates and model trust documents (50 hours/agreement): 50.
officials set up under section 102(f) of (except for any trust provisions that Based on these estimates, the total
the Ethics Act, 5 U.S.C. app. § 102(f), relate to the testamentary disposition of number of forms expected annually at
and OGE’s implementing financial trust assets) are publicly available based OGE is 46, with a cumulative total of
disclosure regulations at subpart D of 5 upon a proper Ethics Act request (by 563 burden hours. This is a decrease of
CFR part 2634. The various model filling out an OGE Form 201 access 248 forms and 3,222 hours from the
certificates and model trust documents form). prior three-year period.
are utilized by OGE and settlors, The total annual public reporting Public comment is invited on each
trustees and other fiduciaries in burden represents the time involved for aspect of the model qualified trust
establishing and administering these completing qualified trust certificates certificates and model trust documents,
qualified trusts. and model trust documents which are and underlying regulatory provisions, as
There are two categories of processed by OGE. The burden is based set forth in this notice, including
information collection requirements on the amount of time imposed on specific views on the need for and
which OGE plans to submit, each with private citizens. Virtually all filers/ practical utility of this set of collections
its own related reporting model document users are private trust of information, the accuracy of OGE’s
certificates or model trust documents administrators and other private burden estimate, the potential for
which are subject to paperwork review representatives who help to set up and enhancement of quality, utility and
and approval by OMB. The OGE maintain the qualified blind and clarity of the information collected, and

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1446 Federal Register / Vol. 70, No. 5 / Friday, January 7, 2005 / Notices

the minimization of burden (including the State agency to determine a the address below: CMS, Office of
the use of information technology). laboratory’s compliance with personnel Strategic Operations and Regulatory
Comments received in response to qualifications under CLIA. This Affairs, Division of Regulations
this notice will be summarized for, and information is needed for a laboratory’s Development, Attention: Melissa
may be included with, the OGE request certification and recertification; Form Musotto, Room C5–14–03, 7500
for extension of the OMB paperwork Number: CMS–209 (OMB#: 0938–0151); Security Boulevard, Baltimore,
approval for the set of the various Frequency: Biennially; Affected Public: Maryland 21244–1850.
existing qualified trust model Business or other for-profit, Not-for- Dated: December 29, 2004.
certificates, the model communications profit institutions, Federal Government, John P. Burke, III,
package, and the model trust and State, Local or Tribal Government;
CMS Paperwork Reduction Act Reports
documents. The comments will also Number of Respondents: 21,000; Total Clearance Officer, Officer of Strategic
become a matter of public record. Annual Responses: 10,500; Total Operations and Regulatory Affairs,
Approved: December 22, 2004. Annual Hours: 5,250. Regulations Development Group.
2. Type of Information Collection: [FR Doc. 05–311 Filed 1–6–05; 8:45 am]
Marilyn L. Glynn,
Revision of a currently approved BILLING CODE 4120–03–M
Acting Director, Office of Government Ethics. collection; Title of Information
[FR Doc. 05–308 Filed 1–6–05; 8:45 am] Collection: Process and Information
BILLING CODE 6345–02–P Required to Determine Eligibility of DEPARTMENT OF HEALTH AND
Drugs, Biologicals, and Radio- HUMAN SERVICES
pharmaceutical Agents for Transitional
DEPARTMENT OF HEALTH AND Pass-Through Provisions Under the Centers for Medicare & Medicaid
HUMAN SERVICES Hospital Outpatient Prospective Services
Payment System (OPPS) and Supporting
Centers for Medicare & Medicaid [Document Identifier: CMS–R–268]
Regulations in 42 CFR, Section 419.43;
Services Use: Section 1833(t)(6) of the Social Agency Information Collection
[Document Identifier: CMS–209 and CMS– Security Act provides for temporary Activities: Submission for OMB
10008] additional payments or ‘‘transitional Review; Comment Request
pass-through payments’’ for certain
Agency Information Collection drugs and biological agents. Interested AGENCY: Centers for Medicare &
Activities: Proposed Collection; parties such as hospitals, Medicaid Services, HHS.
Comment Request pharmaceutical companies, and In compliance with the requirement
physicians can apply for transitional of section 3506(c)(2)(A) of the
AGENCY: Centers for Medicare & pass-through payment for drugs and Paperwork Reduction Act of 1995, the
Medicaid Services, HHS. biologicals used with services covered Centers for Medicare & Medicaid
In compliance with the requirement under the OPPS. CMS uses this Services (CMS), Department of Health
of section 3506(c)(2)(A) of the information to determine if the criteria and Human Services, is publishing the
Paperwork Reduction Act of 1995, the for making a transitional pass-through following summary of proposed
Centers for Medicare & Medicaid payment are met and if an interim collections for public comment.
Services (CMS) is publishing the HCPCS code for a new drug or Interested persons are invited to send
following summary of proposed biological is necessary. The revisions comments regarding this burden
collections for public comment. made to this collection include the estimate or any other aspect of this
Interested persons are invited to send addition of Section 303 of the MMA. collection of information, including any
comments regarding this burden This new section establishes the use of of the following subjects: (1) The
estimate or any other aspect of this the average sales price (ASP) necessity and utility of the proposed
collection of information, including any methodology for payments; Form information collection for the proper
of the following subjects: (1) The Number: CMS–1008 (OMB# 0938– performance of the agency’s function:
necessity and utility of the proposed 0802); Frequency: On occasion; Affected (2) the accuracy of the estimated
information collection for the proper Public: Business or other for-profit and burden; (3) ways to enhance the quality,
performance of the agency’s functions; Not-for-profit institutions; Number of utility, and clarity of the information to
(2) the accuracy of the estimated Respondents: 58; Total Annual be collected; and (4) the use of
burden; (3) ways to enhance the quality, Responses: 58; Total Annual Hours: automated collection techniques or
utility, and clarity of the information to 203. other forms of information technology to
be collected; and (4) the use of To obtain copies of the supporting minimize the information collection
automated collection techniques or statement and any related forms for the burden.
other forms of information technology to proposed paperwork collections Type of Information Collection
minimize the information collection referenced above, access CMS’ Web Site Request: Extension of a currently
burden. address at approved collection; Title of
1. Type of Information Collection regulations/pra/, or E-mail your request, Information Collection: Survey Tool for
Request: Extension of a currently including your address, phone number, Web site; Form No.: CMS–
approved collection; Title of OMB number, and CMS document R–268 (OMB# 0938–0756); Use: CMS
Information Collection: Laboratory identifier, to, developed a survey tool using
Personnel Report (Clinical Laboratory or call the Reports Clearance Office on MSInteractive to obtain feedback from
Improvement Amendments of 1988 (410) 786–1326. users accessing Web site
(CLIA)) and Supporting Regulations in Written comments and to guide future improvements. The Web
42 CFR 493.1357, 493.1363, 493.1405, recommendations for the proposed site was produced in concert with the
493.1406, 493.1411, 493.1417, 493.1423, information collections must be mailed administration’s goal of providing better
493.1443, 493.1449, 493.1455, 493.1461, within 60 days of this notice directly to customer service to all our constituents.
493.1462, 493.1469, 493.1483, 493.1489, the CMS Paperwork Reduction Act The underlying principle of the site is
and 493.1491; Use: This form is used by Reports Clearance Officer designated at to have a single modified Internet

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