60-day FRN (1210-0060) published

60-day FRN (1210-0060) published.pdf

Employee Retirement Income Security Act of 1974 Section 408(a) Prohibited Transaction Provisions Exemption Application Procedure

60-day FRN (1210-0060) published

OMB: 1210-0060

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66580

Federal Register / Vol. 85, No. 203 / Tuesday, October 20, 2020 / Notices

6. An estimate of the total public
burden (in hours) associated with the
collection: There are an estimated 1,175
(258 for new + 917 for renewals) total
annual burden hours associated with
this collection.
If additional information is required
contact: Melody Braswell, Department
Clearance Officer, United States
Department of Justice, Justice
Management Division, Policy and
Planning Staff, Two Constitution
Square, 145 N Street NE, 3E.405B,
Washington, DC 20530.
Dated: October 15, 2020.
Melody D. Braswell,
Department Clearance Officer for PRA, U.S.
Department of Justice.
[FR Doc. 2020–23183 Filed 10–19–20; 8:45 am]
BILLING CODE 4410–30–P

DEPARTMENT OF LABOR
Employee Benefits Security
Administration
Proposed Extension of Information
Collection Requests Submitted for
Public Comment
Employee Benefits Security
Administration, Department of Labor.
ACTION: Notice.
AGENCY:

The Department of Labor (the
Department), in accordance with the
Paperwork Reduction Act, provides the
general public and Federal agencies
with an opportunity to comment on
proposed and continuing collections of
information. This helps the Department
assess the impact of its information
collection requirements and minimize
the public’s reporting burden. It also
helps the public understand the
Department’s information collection
requirements and provide the requested
data in the desired format. The
Employee Benefits Security
Administration (EBSA) is soliciting
comments on the proposed extension of
the information collection requests
(ICRs) contained in the documents
described below. A copy of the ICRs
may be obtained by contacting the office
listed in the ADDRESSES section of this
notice. ICRs also are available at
reginfo.gov (http://www.reginfo.gov/
public/do/PRAMain).
DATES: Written comments must be
submitted to the office shown in the
ADDRESSES section on or before
December 21, 2020.
ADDRESSES: G. Christopher Cosby,
Department of Labor, Employee Benefits
Security Administration, 200
Constitution Avenue NW, Room N–
SUMMARY:

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5718, Washington, DC 20210, ebsa.opr@
dol.gov, (202) 693–8410, FAX (202)
219–4745 (these are not toll-free
numbers).
SUPPLEMENTARY INFORMATION: This
notice requests public comment on the
Department’s request for extension of
the Office of Management and Budget’s
(OMB) approval of ICRs contained in
the rules and prohibited transaction
exemptions described below. The
Department is not proposing any
changes to the existing ICRs at this time.
An agency may not conduct or sponsor,
and a person is not required to respond
to, an information collection unless it
displays a valid OMB control number. A
summary of the ICRs and the current
burden estimates follows:
Agency: Employee Benefits Security
Administration, Department of Labor.
Title: Delinquent Filer Voluntary
Compliance Program.
Type of Review: Extension of a
currently approved collection of
information.
OMB Number: 1210–0089.
Affected Public: Private Sector.
Respondents: 11,554.
Responses: 11,554.
Estimated Total Burden Cost
(Operating and Maintenance): 898,265.
Description: On April 27, 1995, the
Department implemented the
Delinquent Filer Voluntary Compliance
Program (the DFVC Program). Under the
DFVC Program, administrators
otherwise subject to the assessment of
higher civil penalties are permitted to
pay reduced civil penalties for
voluntarily complying with the annual
reporting requirements under Title I of
ERISA. The program also helps plan
officials understand the law and gives
immediate relief from payment of excise
taxes under a class exemption.
This information collection requires
providing data necessary to identify the
plan along with the penalty payment.
With respect to most pension plans and
welfare plans, the requirement is
satisfied by sending, along with the
penalty payment, a copy of the
delinquent annual report (without
attachments or schedules) which is filed
with the Department at a different
address under the EFAST system. In the
event that the plan administrator files
the delinquent annual report using a
1998 or prior plan year form, a paper
copy of only the first page of the Form
5500 or Form 5500–C, as applicable,
should be submitted along with the
penalty payment. With respect to ‘‘top
hat’’ plans and apprenticeship plans,
the requirement is satisfied by sending
a completed first page of an annual
report form along with the penalty
payment.

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The Department has received
approval from OMB for this ICR under
OMB Control No. 1210–0089. The
current approval is scheduled to expire
on January 31, 2021.
Agency: Employee Benefits Security
Administration, Department of Labor.
Title: Request for Assistance from the
Department of Labor, Employee Benefits
Security Administration.
Type of Review: Extension of a
currently approved collection of
information.
OMB Number: 1210–0146.
Affected Public: Individual or
Households.
Respondents: 7,618.
Responses: 7,618.
Estimated Total Burden Hours: 3,809.
Estimated Total Burden Cost
(Operating and Maintenance): 0.
Description: EBSA assists participants
in understanding their rights,
responsibilities, and benefits under
employee benefits laws and intervenes
informally on their behalf with the plan
sponsor in order to assist them in
obtaining the health and retirement
benefits to which they may have been
inappropriately denied, which can avert
the necessity for a formal investigation
or a civil action. EBSA has made a
request for assistance form available on
its website for those wishing to obtain
assistance in this manner. This
collection of information is an intake
form for assistance requests from the
public. This information includes the
plan type, broad categories of problem
type, contact information for
responsible parties, and a mechanism
for the inquirer to attach relevant
documents. The Department has
received approval from OMB for this
ICR under OMB Control No. 1210–0146.
The current approval is scheduled to
expire on January 31, 2021.
Agency: Employee Benefits Security
Administration, Department of Labor.
Title: Alternative Method of
Compliance for Certain Simplified
Employee Pensions.
Type of Review: Extension of a
currently approved collection of
information.
OMB Number: 1210–0034.
Affected Public: Private Sector.
Respondents: 35,660.
Responses: 67,930.
Estimated Total Burden Hours:
21,227.
Estimated Total Burden Cost
(Operating and Maintenance): 18,556.
Description: The regulation
containing the ICR (29 CFR 2520.104–
49) relieves sponsors of certain
Simplified Employee Pensions (SEPs)
from ERISA’s Title I reporting and

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Federal Register / Vol. 85, No. 203 / Tuesday, October 20, 2020 / Notices
disclosure requirements by prescribing
an alternative method of compliance.
This information collection generally
requires timely written disclosure to
employees eligible to participate in nonmodel SEPs, including specific
information concerning: Participation
requirements; allocation formulas for
employer contributions; designated
contact persons for further information;
and, for employer recommended IRAs,
specific terms of the IRAs such as rates
of return and any restrictions on
withdrawals. The Department has
received approval from OMB for this
ICR under OMB Control No. 1210–0034.
The current approval is scheduled to
expire on February 28, 2021.
Agency: Employee Benefits Security
Administration, Department of Labor.
Title: Employee Retirement Income
Security Act of 1974 Section 408(a)
Prohibited Transaction Provisions
Exemption Application Procedure.
Type of Review: Extension of a
currently approved collection of
information.
OMB Number: 1210–0060.
Affected Public: Private Sector.
Respondents: 37.
Responses: 17,271.
Estimated Total Burden Hours: 1,852.
Estimated Total Burden Cost
(Operating and Maintenance):
1,023,418.
Description: This information
collection relates to the Department’s
regulation governing the procedure for
filing and processing of applications for
administrative exemptions from the
prohibited transaction provisions of the
Employee Retirement Income Security
Act of 1974 (ERISA), the Internal
Revenue Code of 1986 (the Code), and
the Federal Employees’ Retirement
System Act of 1986 (FERSA).
The regulation contains the following
collections of information: (1) An
applicant for an exemption must
disclose information regarding the
application and certify that the
information is necessary in order for the
Department to make an informed
determination regarding the application
and (2) the applicant must distribute a
notice to interested parties, in which
participants and beneficiaries are
informed of the application for
exemption and have an opportunity to
respond.
The Department has received
approval from OMB for this ICR under
OMB Control No. 1210–0060. The
current approval is scheduled to expire
on February 28, 2021.
Agency: Employee Benefits Security
Administration, Department of Labor.
Title: Investment Advice Participants
and Beneficiaries.

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Type of Review: Extension of a
currently approved collection of
information.
OMB Number: 1210–0134.
Affected Public: Private Sector.
Respondents: 29,838.
Responses: 21,501,930.
Estimated Total Burden Hours:
2,340,981.
Estimated Total Burden Cost
(Operating and Maintenance):
278,939,750.
Description: The Department’s final
rule allows financial services firms,
such as a registered investment adviser,
bank, or registered broker-dealer, to
provide investment advice on its
proprietary investment products or
other investments that would result in
fees or other payments to the firm, if the
firm complies with a fee-leveling
requirement or the advice is furnished
using a certified computer model.
The regulation contains the following
collections of information: (1) A
fiduciary adviser must furnish an initial
disclosure that provides detailed
information to participants about an
advice arrangement before initially
providing investment advice; (2) a
fiduciary adviser must engage, at least
annually, an independent auditor to
conduct an audit of the investment
advice arrangement for compliance with
the regulation; (3) if the fiduciary
adviser provides the investment advice
through the use of a computer model,
the fiduciary adviser must obtain the
written certification of an eligible
investment expert as to the computer
model’s compliance with certain
standards (e.g., applies generally
accepted investment theories, unbiased
operation, objective criteria) set forth in
the regulation before providing the
advice; and (4) fiduciary advisers must
maintain records with respect to the
investment advice provided in reliance
on the regulation necessary to determine
whether the applicable requirements of
the regulation have been satisfied.
The Department has received
approval from OMB for this ICR under
OMB Control No. 1210–0134. The
current approval is scheduled to expire
on February 28, 2021.
Agency: Employee Benefits Security
Administration, Department of Labor.
Title: Alternative Reporting Methods
for Apprenticeship and Training Plans
and Top Hat Plans.
Type of Review: Extension of a
currently approved collection of
information.
OMB Number: 1210–0153.
Affected Public: Private Sector.
Respondents: 1,872.
Responses: 1,872.

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66581

Estimated Total Burden Hours: 312.
Estimated Total Burden Cost
(Operating and Maintenance): 0.
Description: This information
collection relates to the Department’s
final rule providing an alternative
method of compliance with the
reporting and disclosure requirements
of Title I of ERISA for plan
administrators to file ‘‘top hat’’ plan
statements and apprenticeship and
training plan notices with the
Department (29. CFR 2520.104–22(c)
and 2520.104–23(c)). Beginning in 2019,
the regulations were amended to require
the notices and statements to be
distributed electronically.
The Department has received
approval from OMB for this ICR under
OMB Control No. 1210–0153. The
current approval is scheduled to expire
on February 28, 2021.
Agency: Employee Benefits Security
Administration, Department of Labor.
Title: Furnishing Documents to the
Secretary of Labor on Request Under
Employee Retirement Income Security
Act Section 104(a)(6).
Type of Review: Extension of a
currently approved collection of
information.
OMB Number: 1210–0112.
Affected Public: Private Sector.
Respondents: 831.
Responses: 831.
Estimated Total Burden Hours: 55.
Estimated Total Burden Cost
(Operating and Maintenance): 3,451.
Description: Plan administrators of
ERISA-covered employee benefit plans
are not required to file copies of the
summary plan descriptions and
summaries of material modifications
with the Department that are publicly
available. This information collection
relates to ERISA section 104(a)(6) and
29 CFR 2520.104a–8, which authorize
the Department to request these
documents when a participant or
beneficiary has requested them from her
plan administrator and the
administrator has failed or refused to
provide them. The Department has
received approval from OMB for this
ICR under OMB Control No. 1210–0112.
The current approval is scheduled to
expire on June 30, 2021.
Signed at Washington, DC.
Jeanne Klinefelter Wilson,
Acting Assistant Secretary, Employee Benefits
Security Administration, Department of
Labor.
[FR Doc. 2020–23191 Filed 10–19–20; 8:45 am]
BILLING CODE 4510–29–P

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