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that case, a beneficiary of several trusts,
sued for malpractice and breach of
fiduciary duty after the trusts invested
millions of dollars in a real estate
investment trust that later went
bankrupt. The Seventh Circuit found
that an eligible beneficiary possessed
the required stake to establish standing
as a result of her interest in the trust. Id.
at 846. To the extent that the plaintiff
had standing by virtue of being affected
by the trust’s potential for gain or loss,
that ‘‘stake’’ would appear to meet
OGE’s definition of a disqualifying
financial interest for purposes of the
conflict of interest prohibition. See 5
CFR 2640.103(b) (‘‘the term financial
interest means the potential for gain or
loss’’).
Other cases also seem to lead to this
conclusion. For example, a New York
court similarly provided the following
guidance, under the trust law of that
state, as to the rights of the beneficiary
of a discretionary trust:

sradovich on DSK3GMQ082PROD with NOTICES

In the present case, the trustees’ discretion
is absolute and not limited by any standard.
However, even in such a case, the trustees
may be compelled to distribute funds to the
beneficiary if they abuse their discretion in
refusing to make distribution.

Estate of Gilbert, 156 Misc. 2d 379, 383
(N.Y. Sur. Ct. 1992). Likewise, a
California court held that, under that
state’s trust law, a trustee who has
discretion to make or withhold a
payment, may not withhold a payment
with the intent of avoiding child
support. Ventura County Dept. of Child
Support Services v. Brown, 117 Cal.
App. 4th 144, 150 (Cal. App. 2d Dist.
2004) (quoting Prof. Russell Niles,
consultant to Cal. Law Revision Com.,
Memo Re Spendthrift and Related
Trusts (Nov. 6, 1984)). In the California
case, the outcome may well have been
determined in part by language in the
trust instrument requiring that the trust
be administered for the benefit of the
beneficiary’s children in the event of the
beneficiary’s death, see id. at 148;
however, this contributing factor would
serve only to complicate the issue for
OGE by leaving open the possibility that
subtle variations in trust language may
be relevant in determining the existence
of a financial interest for purposes of the
conflict of interest law.
Because it is not clear to OGE whether
these materials represent the rule, an
exception, or differing approaches to
trust law in various jurisdictions, OGE
would benefit from the input of
members of the public who have
expertise in trust law. Specifically, OGE
seeks expert input concerning the
following question: Are there any
circumstances under which an eligible

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income beneficiary of a discretionary
trust might, in the absence of a vested
remainder interest, be able to compel
the trust to make a distribution or
payment? Should this question be
appropriately answered in the
affirmative, OGE may need to revisit the
premise underlying its 2008 guidance
memorandum on discretionary trusts—
i.e., that such a beneficiary could never
have enforceable right to a distribution
or payment from the trust. OGE will
take into consideration all relevant
expert input submitted by the public
within 60 days of the date of this notice
in response to the question posed before
evaluating the continuing validity of
OGE’s guidance memorandum,
Discretionary Trusts, DO–08–024
(2008). To be considered, any
submission exceeding five (5) pages in
length must include a one-page
summary of key points and conclusions.
Commenters are requested to state
briefly the nature of their expertise in
trust law.
Approved: December 23, 2016.
Walter M. Shaub, Jr.
Director, U.S. Office of Government Ethics.
[FR Doc. 2016–31583 Filed 12–30–16; 8:45 am]
BILLING CODE 6345–03–P

DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Agency for Toxic Substances and
Disease Registry
[60Day–17–17IY; Docket No. ATSDR–2016–
0007]

Proposed Data Collection Submitted
for Public Comment and
Recommendations
Agency for Toxic Substances
and Disease Registry (ATSDR),
Department of Health and Human
Services (HHS).
ACTION: Notice with comment period.
AGENCY:

The Agency for Toxic
Substances and Disease Registry
(ATSDR), as part of its continuing
efforts to reduce public burden and
maximize the utility of government
information, invites the general public
and other Federal agencies to take this
opportunity to comment on proposed
and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995. This
notice invites comment on
‘‘Biomonitoring of Great Lakes
Populations Program III.’’ The purpose
of the proposed study is to evaluate
body burden levels of priority
contaminants in Great Lakes residents,

SUMMARY:

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particularly those who are at high
exposure risk, in the Milwaukee Bay
Estuary Area of Concern (AOC) area that
was not previously addressed in
ATSDR’s previous biomonitoring
programs around the Great Lakes.
DATES: Written comments must be
received on or before March 6, 2017.
ADDRESSES: You may submit comments,
identified by Docket No. ATSDR–2016–
0007 by any of the following methods:
• Federal eRulemaking Portal:
Regulations.gov. Follow the instructions
for submitting comments.
• Mail: Leroy A. Richardson,
Information Collection Review Office,
Centers for Disease Control and
Prevention, 1600 Clifton Road NE., MS–
D74, Atlanta, Georgia 30329.
Instructions: All submissions received
must include the agency name and
Docket Number. All relevant comments
received will be posted without change
to Regulations.gov, including any
personal information provided. For
access to the docket to read background
documents or comments received, go to
Regulations.gov.
Please note: All public comment
should be submitted through the
Federal eRulemaking portal
(Regulations.gov) or by U.S. mail to the
address listed above.
FOR FURTHER INFORMATION CONTACT: To
request more information on the
proposed project or to obtain a copy of
the information collection plan and
instruments, contact the Information
Collection Review Office, Centers for
Disease Control and Prevention, 1600
Clifton Road NE., MS–D74, Atlanta,
Georgia 30329; phone: 404–639–7570;
Email: [email protected].
SUPPLEMENTARY INFORMATION: Under the
Paperwork Reduction Act of 1995 (PRA)
(44 U.S.C. 3501–3520), Federal agencies
must obtain approval from the Office of
Management and Budget (OMB) for each
collection of information they conduct
or sponsor. In addition, the PRA also
requires Federal agencies to provide a
60-day notice in the Federal Register
concerning each proposed collection of
information, including each new
proposed collection, each proposed
extension of existing collection of
information, and each reinstatement of
previously approved information
collection before submitting the
collection to OMB for approval. To
comply with this requirement, we are
publishing this notice of a proposed
data collection as described below.
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have

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Federal Register / Vol. 82, No. 1 / Tuesday, January 3, 2017 / Notices
practical utility; (b) the accuracy of the
agency’s estimate of the burden of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology; and (e) estimates of capital
or start-up costs and costs of operation,
maintenance, and purchase of services
to provide information. Burden means
the total time, effort, or financial
resources expended by persons to
generate, maintain, retain, disclose or
provide information to or for a Federal
agency. This includes the time needed
to review instructions; to develop,
acquire, install and utilize technology
and systems for the purpose of
collecting, validating and verifying
information, processing and
maintaining information, and disclosing
and providing information; to train
personnel and to be able to respond to
a collection of information, to search
data sources, to complete and review
the collection of information; and to
transmit or otherwise disclose the
information.
Proposed Project
Biomonitoring of Great Lakes
Populations Program III—New—Agency
for Toxic Substances and Disease
Registry (ATSDR).
Background and Brief Description
The Agency for Toxic Substances and
Disease Registry (ATSDR) is requesting
a three-year Paperwork Reduction Act
(PRA) clearance for a new information
collection request (ICR) titled
‘‘Biomonitoring of Great Lakes
Populations Program III.’’ ATSDR
awarded funds to the Wisconsin
Department of Health Services (WIDHS)
to conduct this information collection
under cooperative agreement
#NU61TS000269–01–00. The purpose of
the current program is to evaluate body
burden levels of legacy and emerging
contaminants in susceptible Great Lakes
populations in the Milwaukee Estuary

compounds, and polyaromatic
hydrocarbons) in blood and urine of
residents who consume fish from
contaminated areas that had not been
studied in previous Programs I and II;
2. Use the project findings to inform
public health officials and offer
guidance on public health actions to
reduce exposure to Great Lakes
contaminants.
This applied public health program
aims to measure contaminants in
biological samples (blood, urine and
hair) from people who may be at high
risk of chemical exposure in the Great
Lakes area. These measurements will
provide a baseline for current and future
restoration activities. The results will be
compared to available national
estimates, such as those reported by the
National Health and Nutrition
Examination Survey (NHANES).
Respondents will be screened for
eligibility and consent will be obtained.
Participants who consent will respond
to a questionnaire and participate in
clinic visits for body measurements and
biological specimen collection (blood,
urine, and hair). Their blood will be
tested for polychlorinated biphenyls,
metals, perfluorinated compounds,
persistent pesticides, and lipids. Urine
will be tested for polycyclic aromatic
hydrocarbons and creatinine. The hair
samples (optional) will be saved for a
later analysis.
Respondents will also be interviewed.
They will be asked about demographic
and lifestyle factors, hobbies, health
conditions that may affect fish
consumption and fishing habits, and
types of jobs which can contribute to
chemical exposure. Some dietary
questions will be asked with a focus on
consumption of Great Lakes fish.
Participation in the study is voluntary
and there is no cost to respondents other
than their time. The estimated
annualized burden for the program
averaged over the three-year study
period is 231 hours among 166
respondents. There is no cost to
respondents other than their time spent
in the study.

Area of Concern (AOC) in Wisconsin, an
area that has not been previously
covered by other Great Lakes initiatives.
The Great Lakes Basin has suffered
decades of pollution and ecosystem
damage. Many chemicals persist in
Great Lakes waters and sediments, as
well as in wildlife. These chemicals can
build up in the aquatic food chain, and
eating contaminated fish is a known
route of human exposure.
In 2009, the Great Lakes Restoration
Initiative (GLRI) was enacted by Public
Law 111–88 to make restoration and
protection of the Great Lakes a national
priority. The GLRI is led by the U.S.
Environmental Protection Agency (US
EPA). Under a 2015 interagency
agreement with the US EPA, ATSDR
initiated the Biomonitoring of Great
Lakes Populations Program III program.
This project will provide additional
public health information to
supplement the previous cooperative
agreement programs CDC–RFA–TS10–
1001 ‘‘Biomonitoring of Great Lakes
Populations’’ (hereafter referred to as
‘‘Program I,’’ OMB Control Number
0923–0044) and CDC–RFA–TS13–1302
‘‘Biomonitoring of Great Lakes
Populations-II’’ (hereafter referred to as
‘‘Program II,’’ OMB Control Number
0923–0052) initiated in FY2010 and
FY2013, respectively.
WIDHS received funding for the
current program. WIDHS will recruit
and enroll two subpopulations of adults
in the Milwaukee Bay Estuary Area of
Concern (AOC) who are known to eat
fish from the Milwaukee River Basin
and Lake Michigan. This study will not
include pregnant women.
The target populations are: (1)
Licensed anglers living in proximity to
the Milwaukee Estuary AOC and (2)
Burmese refugees who are known to eat
a substantial amount of fish from this
area. WIDHS study staff will work
closely with local refugee and citizen
support organizations on participant
recruitment.
The aims of the information collection
in this surveillance project are:
1. Assess levels of contaminants
(metals, polychlorinated biphenyls,
chlorinated pesticides, perfluorinated

sradovich on DSK3GMQ082PROD with NOTICES

ESTIMATED ANNUALIZED BURDEN HOURS
Number of
respondents

Type of respondents

Form name

Licensed Anglers ..............................

Eligibility Screening Survey (paper)
Eligibility Screening Survey (online)
Study Questionnaire (paper) ............
Study Questionnaire online) .............
Clinic Visit Checklist and Body
Measurements.

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Number of
responses per
respondent

156
28
58
87
133

E:\FR\FM\03JAN1.SGM

1
1
1
1
1

03JAN1

Average
burden per
response
(in hours)
5/60
5/60
30/60
30/60
35/60

Total burden
(in hours)
13
2
29
44
78

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Federal Register / Vol. 82, No. 1 / Tuesday, January 3, 2017 / Notices
ESTIMATED ANNUALIZED BURDEN HOURS—Continued
Type of respondents

Burmese Refugees ...........................

Total ...........................................

1
1
1
1
1

5/60
5/60
5/60
40/60
35/60

11
4
3
22
19

33
33

1
1

5/60
5/60

3
3

...........................................................

........................

........................

........................

231

BILLING CODE 4163–18–P

DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Agency for Toxic Substances and
Disease Registry
[60Day-17–17IV; Docket No. ATSDR–2016–
0008]

Proposed Data Collection Submitted
for Public Comment and
Recommendations
Agency for Toxic Substances
and Disease Registry (ATSDR),
Department of Health and Human
Services (HHS).
ACTION: Notice with comment period.
AGENCY:

The Agency for Toxic
Substances and Disease Registry
(ATSDR), as part of its continuing
efforts to reduce public burden and
maximize the utility of government
information, invites the general public
and other Federal agencies to take this
opportunity to comment on proposed
and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995. This
notice invites comment on the
information collection request titled
‘‘APPLETREE Performance Measures.’’
Under the APPLETREE cooperative
agreement program (Funding
Opportunity Announcement No. CDC–
RFA–TS17–1701), awardees will be
required to submit an Annual Plan of
Work (APOW), several standardized
outcome and performance measures,
and an Annual Performance Report
(APR).

SUMMARY:

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Total burden
(in hours)

133
42
33
33
33

[FR Doc. 2016–31772 Filed 12–30–16; 8:45 am]

22:14 Dec 30, 2016

Average
burden per
response
(in hours)

Follow-up Survey .............................
Eligibility Screening Survey ..............
Contact Information Form ................
Study Questionnaire .........................
Clinic Visit Checklist and Body
Measurements.
Network Size Questions ...................
Follow-up Survey .............................

Leroy A. Richardson,
Chief, Information Collection Review Office,
Office of Scientific Integrity, Office of the
Associate Director for Science, Office of the
Director, Centers for Disease Control and
Prevention.

VerDate Sep<11>2014

Number of
responses per
respondent

Number of
respondents

Form name

Jkt 241001

Written comments must be
received on or before March 6, 2017.
ADDRESSES: You may submit comments,
identified by Docket No. ATSDR–2016–
0008 by any of the following methods:
• Federal eRulemaking Portal:
Regulations.gov. Follow the instructions
for submitting comments.
• Mail: Leroy A. Richardson,
Information Collection Review Office,
Centers for Disease Control and
Prevention, 1600 Clifton Road NE., MS–
D74, Atlanta, Georgia 30329.
Instructions: All submissions received
must include the agency name and
Docket Number. All relevant comments
received will be posted without change
to Regulations.gov, including any
personal information provided. For
access to the docket to read background
documents or comments received, go to
Regulations.gov.
Please note: All public comment
should be submitted through the
Federal eRulemaking portal
(Regulations.gov) or by U.S. mail to the
address listed above.
FOR FURTHER INFORMATION CONTACT: To
request more information on the
proposed project or to obtain a copy of
the information collection plan and
instruments, contact the Information
Collection Review Office, Centers for
Disease Control and Prevention, 1600
Clifton Road NE., MS–D74, Atlanta,
Georgia 30329; phone: 404–639–7570;
Email: [email protected].
SUPPLEMENTARY INFORMATION: Under the
Paperwork Reduction Act of 1995 (PRA)
(44 U.S.C. 3501–3520), Federal agencies
must obtain approval from the Office of
Management and Budget (OMB) for each
collection of information they conduct
or sponsor. In addition, the PRA also
requires Federal agencies to provide a
60-day notice in the Federal Register
concerning each proposed collection of
information, including each new
proposed collection, each proposed
extension of existing collection of
information, and each reinstatement of
DATES:

PO 00000

Frm 00045

Fmt 4703

Sfmt 4703

previously approved information
collection before submitting the
collection to OMB for approval. To
comply with this requirement, we are
publishing this notice of a proposed
data collection as described below.
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology; and (e) estimates of capital
or start-up costs and costs of operation,
maintenance, and purchase of services
to provide information. Burden means
the total time, effort, or financial
resources expended by persons to
generate, maintain, retain, disclose or
provide information to or for a Federal
agency. This includes the time needed
to review instructions; to develop,
acquire, install and utilize technology
and systems for the purpose of
collecting, validating and verifying
information, processing and
maintaining information, and disclosing
and providing information; to train
personnel and to be able to respond to
a collection of information, to search
data sources, to complete and review
the collection of information; and to
transmit or otherwise disclose the
information.
Proposed Project
APPLETREE Performance Measures—
New—Agency for Toxic Substances and
Disease Registry (ATSDR).

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03JAN1