ERISA Investment Manager Electronic Registration

Forms and Documents

Document Name	Status
1210-0125ss2010.doc Supporting Statement A	2010-02-16

IC Document Collections

IC ID	Document Title	Status
13506	ERISA Investment Manager Electronic Registration	Modified

ICR Details

OMB Control No: 1210-0125	ICR Reference No: 201002-1210-001
Status: Historical Active	Previous ICR Reference No: 200611-1210-007
Agency/Subagency: DOL/EBSA	Agency Tracking No:
Title: ERISA Investment Manager Electronic Registration
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 03/30/2010
	Date Received in OIRA: 02/25/2010
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2013	36 Months From Approved	03/31/2010
Responses	10	0	500
Time Burden (Hours)	12	0	550
Cost Burden (Dollars)	730	0	17,500

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Abstract: The Department's regulation at 29 CFR 2510.3-38 provides that, in order to meet the definition of investment manager in section 3(38) of the Employee Retirement Income Security Act of 1974, state-registered investment advisers must register electronically through a centralized electronic filing system established by the SEC and state investment authorities called the Investment Adviser Registration Depository ("IARD") rather than providing a paper copy of their state registration to the Secretary of Labor.

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Authorizing Statute(s): US Code: 29 USC 1003(38)(B) Name of Law: Employee Retirement Income Security Act of 1974
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	74 FR 62350	11/27/2009
30-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 8750	02/25/2010
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
ERISA Investment Manager Electronic Registration

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	10	500	0	0	-490	0
Annual Time Burden (Hours)	12	550	0	0	-538	0
Annual Cost Burden (Dollars)	730	17,500	0	0	-16,770	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The Department has not made any program changes to this information collection since the prior PRA renewal in 2007. The burden estimates have been adjusted to take into account the fact that most investment advisers that are affected already have invested in the systems necessary to make use of electronic methods of communication through the Internet). Therefore, capital investments previously assumed to be required have been eliminated, reducing the annual hour and cost burdens of this information collection. Since 2007, most of the states that were listed as not requiring the Investment Adviser Registration Depository ("IARD") now do (including California and Florida which comprised 95% of the cost burden in the previous estimates). Only South Carolina and West Virginia do not require the IARD for their investment advisors. Thus, the Department’s requirement only imposes a burden upon a small set of investment advisors in two states. The Department has updated the IARD fee numbers, which were calculated previously to be $150 for all initial registers and $100 in subsequent years. Wage rates have also been updated.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 02/25/2010

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