60-Day Federal Register Notice

1210-0039FRN60Day(20121116).pdf

Summary Plan Description Requirements Under the Employee Retirement Income Security Act of 1974, as Amended

60-Day Federal Register Notice

OMB: 1210-0039

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70828

Federal Register / Vol. 77, No. 228 / Tuesday, November 27, 2012 / Notices

Total Estimated Number of
Responses: 184.
Total Estimated Annual Burden
Hours: 171.
Total Estimated Annual Other Costs
Burden: $104.
Dated: November 20, 2012.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2012–28687 Filed 11–26–12; 8:45 a.m.]
BILLING CODE 4510–29–P

DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; DOL
Generic Solution for Solicitations for
Grant Applications
ACTION:

Notice.

The Department of Labor
(DOL) is submitting the information
collection request (ICR) titled, ‘‘DOL
Generic Solution for Solicitations for
Grant Applications,’’ to the Office of
Management and Budget (OMB) for
review and approval for continued use
in accordance with the Paperwork
Reduction Act (PRA) of 1995 (44 U.S.C.
3501 et seq.).
DATES: Submit comments on or before
December 27, 2012.
ADDRESSES: A copy of this ICR with
applicable supporting documentation;
including a description of the likely
respondents, proposed frequency of
response, and estimated total burden
may be obtained from the RegInfo.gov
Web site, http://www.reginfo.gov/
public/do/PRAMain, on the day
following publication of this notice or
by contacting Michel Smyth by
telephone at 202–693–4129 (this is not
a toll-free number) or sending an email
to DOL_PRA_PUBLIC@dol.gov.
Submit comments about this request
to the Office of Information and
Regulatory Affairs, Attn: OMB Desk
Officer for DOL-Departmental
Management, Office of Management and
Budget, Room 10235, 725 17th Street,
NW., Washington, DC 20503, Fax: 202–
395–6881 (this is not a toll-free
number), email:
OIRA_submission@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT:
Contact Michel Smyth by telephone at
202–693–4129 (this is not a toll-free
number) or by email at
DOL_PRA_PUBLIC@dol.gov.

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SUMMARY:

Authority: 44 U.S.C. 3507(a)(1)(D).

The DOL
periodically solicits grant applications

SUPPLEMENTARY INFORMATION:

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by issuing a Solicitation for Grant
Applications (SGA). To ensure grants
are awarded to the applicant(s) best
suited to perform the functions of the
grant, applicants are generally required
to submit a two-part application. The
first part of DOL grant applications
consists of submitting Standard Form
424, Application for Federal Assistance,
which is approved by the OMB under
Control Number 4040–0004. The second
part of a grant application usually
requires a technical proposal
demonstrating the applicant’s
capabilities, in accordance with a
statement of work and/or selection
criteria. This ICR is a generic solution
for SGAs that extend information
collection requirements beyond what is
collected on currently approved
standard forms.
This information collection is subject
to the PRA. A Federal agency generally
cannot conduct or sponsor a collection
of information, and the public is
generally not required to respond to an
information collection, unless it is
approved by the OMB under the PRA
and displays a currently valid OMB
Control Number. In addition,
notwithstanding any other provisions of
law, no person shall generally be subject
to penalty for failing to comply with a
collection of information if the
collection of information does not
display a valid Control Number. See 5
CFR 1320.5(a) and 1320.6. The DOL
obtains OMB approval for this
information collection under Control
Number 1225–0086. The current
approval is scheduled to expire on
November 30, 2012; however, it should
be noted that existing information
collection requirements submitted to the
OMB receive a month-to-month
extension while they undergo review.
For additional information, see the
related notice published in the Federal
Register on November 10, 2012 (77 FR
55505).
Interested parties are encouraged to
send comments to the OMB, Office of
Information and Regulatory Affairs at
the address shown in the ADDRESSES
section within 30 days of publication of
this notice in the Federal Register. In
order to help ensure appropriate
consideration, comments should
mention OMB Control Number 1225–
0086. The OMB is particularly
interested in comments that:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• Evaluate the accuracy of the
agency’s estimate of the burden of the

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proposed collection of information,
including the validity of the
methodology and assumptions used;
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• 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.
Agency: DOL-Departmental
Management.
Title of Collection: DOL Generic
Solution for Solicitations for Grant
Applications.
OMB Control Number: 1225–0086.
Affected Public: Private Sector—notfor-profit institutions—and State, Local,
and Tribal Governments.
Total Estimated Number of
Respondents: 7,500.
Total Estimated Number of
Responses: 7,500.
Total Estimated Annual Burden
Hours: 187,500.
Total Estimated Annual Other Costs
Burden: $0.
Dated: September 20, 2012.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2012–28686 Filed 11–26–12; 8:45 a.m.]
BILLING CODE 4510–23–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 of 1995 (PRA
95) (44 U.S.C. 3506(c)(2)(A)), 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

SUMMARY:

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Federal Register / Vol. 77, No. 228 / Tuesday, November 27, 2012 / Notices
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 January
28, 2013.
ADDRESSES: G. Christopher Cosby,
Department of Labor, Employee Benefits
Security Administration, 200
Constitution Avenue NW., Washington,
DC 20210, (202) 693–8410, FAX (202)
693–4745 (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: Notice of Medical Necessity
Criteria under the Mental Health Parity
and Addition Equity Act of 2008.
Type of Review: Extension of a
currently approved collection of
information.
OMB Number: 1210–0138.
Affected Public: Individuals or
households; Business or other for-profit;
Not-for-profit institutions.
Respondents: 446,400.
Responses: 446,400.
Estimated Total Burden Hours: 949.
Estimated Total Burden Cost
(Operating and Maintenance): $562,506.
Description: MHPAEA includes
disclosure provisions for group health
plans and health insurance coverage
offered in connection with a group
health plan. The criteria for medical
necessity determinations made under a
group health plan with respect to
mental health or substance use disorder
benefits (or health insurance coverage
offered in connection with the plan with
respect to such benefits) must be made
available in accordance with regulations
by the plan administrator (or the health
insurance issuer offering such coverage)
to any current or potential participant,
beneficiary, or contracting provider

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upon request (‘‘medical necessity
disclosure’’). The ICR contained in
MHPAEA was approved by the Office of
Management and Budget (OMB) under
OMB Control No. 1210–0138, which
currently is scheduled to expire on
January 31, 2013.
Agency: Employee Benefits Security
Administration, Department of Labor.
Title: PTE 2006–16 (Securities
Lending by Employee Benefit Plans).
Type of Review: Extension of a
currently approved information
collection.
OMB Number: 1210–0065.
Affected Public: Individuals or
households; business or other for-profit
institutions; not-for-profit institutions.
Respondents: 100.
Responses: 1,000.
Estimated Total Burden Hours: 191.
Estimated Total Burden Cost
(Operating and Maintenance): $5,600.
Description: This ICR covers
information collections contained in
PTE 2006–16. In 1981 and 1982, the
Department issued two related
prohibited transaction class exemptions,
PTE 81–6 and PTE 82–63, that permit
employee benefit plans to lend
securities owned by the plans as
investments to banks and broker-dealers
and to make compensation
arrangements for lending services
provided by a plan fiduciary in
connection with securities loans. In
2006, the Department promulgated PTE
2006–16, which combines and amends
the exemptions previously provided
under PTE 81–6 and PTE 82–63. The
new exemption expands the categories
of exempted transactions to include
securities lending to foreign banks and
broker-dealers that are domiciled in
specified countries and to allow the use
of additional forms of collateral, all
subject to specified conditions.
Among other conditions, the class
exemption requires that a bank or
broker-dealer that borrows securities
from a plan must provide the plan with
its most recent audited financial
statement. The borrower must also
affirm, when the loan is negotiated, that
there has been no material adverse
change in its financial condition since
the previously audited statement.
The exemption also requires the
agreements regarding the securities loan
transaction or transactions and the
compensation arrangement for the
lending fiduciary to be contained in
written documents. Individual
agreements are not required for each
transaction; rather the compensation
agreement may be made in the form of
a master agreement covering a series of
transactions. The ICRs contained in PTE

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2006–16 were approved by the Office of
Management and Budget (OMB) under
OMB Control No. 1210–0065, which
currently is scheduled to expire on
February 28, 2013.
Agency: Employee Benefits Security
Administration, Department of Labor.
Title: Multiemployer Plan Access to
Information.
Type of Review: Extension of a
currently approved collection of
information.
OMB Number: 1210–0131.
Affected Public: Individuals or
households; Business or other for-profit;
Not-for-profit institutions.
Respondents: 3,000.
Responses: 255,000.
Estimated Total Burden Hours:
32,000.
Estimated Total Burden Cost
(Operating and Maintenance): $457,000.
Description: This final rule
implements section 101(k) of the
Employee Retirement Income Security
Act of 1974 (ERISA), as amended by the
Pension Protection Act of 2006. Section
101(k) requires the administrator of a
multiemployer plan to provide copies of
certain actuarial and financial
documents about the plan to
participants, beneficiaries, employee
representatives and contributing
employers upon request. The final rule
affects plan administrators, participants
and beneficiaries and contributing
employers of multiemployer plans. In
connection with publication of this final
rule, the Department submitted an ICR
to OMB for its request of a new
collection. OMB approved the ICR on
February 21, 2010, under OMB Control
Number 1210–0131, which expires on
February 28, 2013.
Agency: Employee Benefits Security
Administration, Department of Labor.
Title: ERISA Investment Manager
Electronic Registration.
Type of Review: Extension of a
currently approved collection of
information.
OMB Number: 1210–0125.
Affected Public: Individuals or
households; Business or other for-profit;
Not-for-profit institutions.
Respondents: 10.
Responses: 10.
Estimated Total Burden Hours: 12.
Estimated Total Burden Cost
(Operating and Maintenance): $730.
Description: Section 3(38)(B) of ERISA
imposes certain registration
requirements on an investment adviser
that wishes to be considered an
investment manager under ERISA. In
1997, section 3(38) was amended to
permit advisers to satisfy the
registration requirements by registering

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electronically with the Investment
Adviser Registration Depository (IARD)
established and maintained by the
Securities Exchange Commission (SEC).
The Department promulgated a final
regulation (69 FR 52120, Aug. 24, 2004)
to implement the statutory change. The
final regulation is codified at 29 CFR
2510.3–38. EBSA submitted an ICR
requesting OMB approval of the
information collection contained in 29
CFR 2510.3–38, and OMB approved the
information collection under OMB
control number 1210–0125. The
approval is scheduled to expire on
March 31, 2013.
Agency: Employee Benefits Security
Administration, Department of Labor.
Title: Summary Plan Description
Requirements under ERISA.
Type of Review: Extension of a
currently approved collection of
information.
OMB Number: 1210–0039.
Affected Public: Individuals or
households; Business or other for-profit;
Not-for-profit institutions.
Respondents: 3,507,787.
Responses: 108,006,000.
Estimated Total Burden Hours:
262,000.
Estimated Total Burden Cost
(Operating and Maintenance):
$295,148,000.
Description: Section 104(b) of ERISA
requires the administrator of an
employee benefit plan to furnish plan
participants and certain beneficiaries
with a Summary Plan Description (SPD)
that describes, in language
understandable to an average plan
participant, the benefits, rights, and
obligations of participants in the plan.
The information required to be
contained in the SPD is set forth in
section 102(b) of ERISA. To the extent
that there is a material modification in
the terms of the plan or a change in the
required content of the SPD, section
104(b)(1) of ERISA requires the
administrator to furnish participants
and specified beneficiaries a summary
of material modifications (SMM) or
summary of material reductions (SMR).
The Department of Labor (Department)
has issued regulations providing
guidance on compliance with the
requirements to furnish SPDs, SMMs,
and SMRs. These regulations, which are
codified at 29 CFR 2520.102–2, 102–3,
and 29 CFR 104b-2 and 104b-3, contain
information collections for which the
Department has obtained OMB approval
under the OMB Control No. 1210–0039.
The current approval is scheduled to
expire on April 30, 2013.
Agency: Employee Benefits Security
Administration, Department of Labor.

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Title: Employee Benefit Plan Claims
Procedure under ERISA.
Type of Review: Extension of a
currently approved collection of
information.
OMB Number: 1210–0053.
Affected Public: Individuals or
households; Business or other for-profit;
Not-for-profit institutions.
Respondents: 6,646,164.
Responses: 334,015,402.
Estimated Total Burden Hours:
506,808.
Estimated Total Burden Cost
(Operating and Maintenance):
$509,877,037.
Description: Section 503 of ERISA
requires each employee benefit plan to
provide, pursuant to regulations
promulgated by the Secretary of Labor,
notice in writing to any participant or
beneficiary whose claim for benefits
under the plan has been denied. The
notice must set forth the specific
reasons for the denial and must be
written in a manner calculated to be
understood by the claimant. Plans must
also give a participant or beneficiary
whose claim has been denied a
reasonable opportunity to obtain a full
and fair review of any benefit claim
denial by the appropriate named
fiduciary.
The Department issued a regulation
pertaining to benefit claims procedures
in 1977 and amended that regulation in
a Notice of Final Rulemaking (NFRM)
published on November 21, 2000 (65 FR
70246). The regulation pertaining to
benefit claims procedures is codified at
29 CFR 2560.503–1. The regulation
requires plans to establish reasonable
claims procedures that meet specified
standards governing the timing and
content of notices and disclosures.
EBSA submitted an ICR for the
information collections in 29 CFR
2560.503–1 to the Office of Management
and Budget (OMB) for review and
clearance in connection with
publication of the NFRM, and OMB
approved the information collections
under OMB control number 1210–0053.
That approval is scheduled to expire on
May 31, 2013.
Agency: Employee Benefits Security
Administration, Department of Labor.
Title: PTE 80–83—Sale of Securities
to Reduce Indebtedness of Party in
Interest.
Type of Review: Extension of a
currently approved collection of
information.
OMB Number: 1210–0064.
Affected Public: Individuals or
households; Business or other for-profit;
Not-for-profit institutions.
Respondents: 25.

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Responses: 25.
Estimated Total Burden Hours: 15.
Estimated Total Burden Cost
(Operating and Maintenance): $0.
Description: PTE 80–83 provides an
exemption from certain prohibited
transaction provisions of ERISA and
from certain taxes imposed by the
Internal Revenue Code of 1986 (Code)
for transactions in which an employee
benefit plan purchases securities when
the proceeds from such purchase may
be used to reduce or retire a debt owed
by a party in interest with respect to
such plan, provided that specified
conditions are met. Among other
conditions, PTE 80–83 requires that
adequate records pertaining to an
exempted transaction be maintained for
six years. The Department has approval
from the Office of Management and
Budget (OMB) for this information
collection requirement under OMB
Control No. 1210–0064. This approval is
currently scheduled to expire on May
31, 2013.
Agency: Employee Benefits Security
Administration, Department of Labor.
Title: Prohibited Transaction Class
Exemption 75–1 Security Transactions
with Broker-Dealers, Reporting Dealers
and Banks.
Type of Review: Extension of a
currently approved collection of
information.
OMB Number: 1210–0092.
Affected Public: Individuals or
households; Business or other for-profit;
Not-for-profit institutions.
Respondents: 8,376.
Responses: 8,376.
Estimated Total Burden Hours: 1,396.
Estimated Total Burden Cost
(Operating and Maintenance): $0.
Description: PTE 75–1 provides
exemptions from certain prohibited
transaction provisions of the
Employment Retirement Income
Security Act of 1974 (ERISA), and the
Code for specified types of transactions
between employee benefit plans and
broker-dealers, reporting dealers and
banks relating to securities purchases
and sales, provided specified conditions
are met. The exempted transactions
include an employee benefit plan’s
purchase of securities from brokerdealers’ inventories of stocks, from
underwriting syndicates in which a plan
fiduciary is a member, from banks, from
reporting dealers, and from a marketmaker even if a market-maker is a plan
fiduciary. The exempted transactions
also include, under certain conditions, a
plan’s accepting an extension of credit
from a broker-dealer for the purpose of
facilitating settlement of a securities
transaction. Among other conditions,
PTE 75–1 requires that a party seeking

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to rely on the exemption with respect to
a transaction maintain adequate records
of the transaction for a period of six
years. The Department has obtained
approval from the Office of Management
and Budget (OMB) for this information
collection under OMB Control No.
1210–0092. This approval is currently
scheduled to expire on May 31, 2013.
Agency: Employee Benefits Security
Administration, Department of Labor.
Title: PTE 88–59—Residential
Mortgage Financing Arrangements
Involving Employee Benefit Plans.
Type of Review: Extension of a
currently approved collection of
information.
OMB Number: 1210–0095.
Affected Public: Individuals or
households; Business or other for-profit;
Not-for-profit institutions.
Respondents: 2,237.
Responses: 11,184.
Estimated Total Burden Hours: 932.
Estimated Total Burden Cost
(Operating and Maintenance): $0.
Description: PTE 88–59 provides an
exemption from certain prohibited
transaction provisions of the
Employment Retirement Income
Security Act of 1974 (ERISA) and from
certain taxes imposed by the Code for
transactions in which an employee
benefit plan provides mortgage
financing to purchasers of residential
dwelling units, provided specified
conditions are met. Among other
conditions, PTE 88–59 requires that
adequate records pertaining to
exempted transactions be maintained
for the duration of the pertinent loan.
This recordkeeping requirement
constitutes an information collection
within the meaning of the PRA, for
which the Department has obtained
approval from the Office of Management
and Budget (OMB) under OMB Control
No. 1210–0095. The OMB approval is
currently scheduled to expire on May
31, 2013.
Agency: Employee Benefits Security
Administration, Department of Labor.
Title: Petition for Finding under
Section 3(40) of ERISA.
Type of Review: Extension of a
currently approved collection of
information.
OMB Number: 1210–0119.
Affected Public: Individuals or
households; Business or other for-profit;
Not-for-profit institutions.
Respondents: 45.
Responses: 45.
Estimated Total Burden Hours: 225.
Estimated Total Burden Cost
(Operating and Maintenance): 163,268.
Description: Rules codified beginning
at 29 CFR 2570.150 set forth an
administrative procedure (‘‘procedural

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rules’’) for obtaining a determination by
the Department as to whether a
particular employee benefit plan is
established or maintained under or
pursuant to one or more collective
bargaining agreements for purposes of
section 3(40) of ERISA. These
procedural rules concern specific
criteria set forth in 29 CFR 2510.3–40
(‘‘criteria rules’’), which, if met,
constitute a finding by the Department
that a plan is collectively bargained.
Plans that meet the requirements of the
criteria rules are not subject to state law.
Among other requirements, the
procedural rules require submission of a
petition and affidavits by parties seeking
a finding. The Department has obtained
approval from the Office of Management
and Budget (OMB), under OMB Control
No. 1210–0119, for the information
collections contained in its rules for a
finding under section 3(40). This
approval is currently scheduled to
expire on May 31, 2013.
Agency: Employee Benefits Security
Administration, Department of Labor.
Title: Statutory Exemption for CrossTrading of Securities.
Type of Review: Extension of a
currently approved collection of
information.
OMB Number: 1210–0130.
Affected Public: Individuals or
households; Business or other for-profit;
Not-for-profit institutions.
Respondents: 274.
Responses: 2,462.
Estimated Total Burden Hours: 2,859.
Estimated Total Burden Cost
(Operating and Maintenance): $12,309.
Description: The Interim Final Rule
on Statutory Exemption for CrossTrading of Securities implements the
content requirements for the written
cross-trading policies and procedures
required under section 408(b)(19)(H) of
ERISA, as added by section 611(g) of the
Pension Protection Act of 2006, Public
Law 109–280 (PPA). Section 611(g)(1) of
the PPA created a new statutory
exemption, added to section 408(b) of
ERISA as subsection 408(b)(19), that
exempts from the prohibitions of
sections 406(a)(1)(A) and 406(b)(2) of
ERISA those cross-trading transactions
involving the purchase and sale of a
security between an account holding
assets of a pension plan and any other
account managed by the same
investment manager, provided that
certain conditions are satisfied. Section
611(g)(3) of the PPA further directed the
Secretary of Labor to issue regulations,
within 180 days after enactment,
regarding the content of the policies and
procedures to be adopted by an
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conditions of the new statutory
exemption.
The Department issued a final crosstrading regulation on October 7, 2008.
This recordkeeping requirement
constitutes an information collection
within the meaning of the PRA, for
which the Department has obtained
approval from the Office of Management
and Budget (OMB) under OMB Control
No. 1210–0130. The OMB approval is
currently scheduled to expire on May
31, 2013.
Agency: Employee Benefits Security
Administration, Department of Labor.
Title: Final Amendment to PTE 84–14
for Plan Asset Transactions Determined
by Independent Qualified Professional
Asset Managers.
Type of Review: Extension of a
currently approved collection of
information.
OMB Number: 1210–0128.
Affected Public: Individuals or
households; Business or other for-profit;
Not-for-profit institutions.
Respondents: 4,400.
Responses: 8,800.
Estimated Total Burden Hours:
108,900.
Estimated Total Burden Cost
(Operating and Maintenance):
$44,130,900.
Description: The Final Amendment to
PTE 84–14, a class exemption that
permits various parties that are related
to employee benefit plans to engage in
transactions involving plan assets if,
among other conditions, the assets are
managed by ‘‘qualified professional
asset managers’’ (QPAMs) that are
independent of the parties in interest
and which meet specified financial
standards provides additional
exemptive relief for employers to
furnish limited amounts of goods and
services to a managed fund in the
ordinary course of business. Limited
relief is also provided for leases of office
or commercial space between managed
funds and QPAMs or contributing
employers. Finally, relief is provided for
transactions involving places of public
accommodation owned by a managed
fund. The amendment permits a QPAM
to manage an investment fund
containing the assets of the QPAM’s
own plan or an affiliate’s plan.
The Department issued a final
amendment on July 6, 2010. This
recordkeeping requirement constitutes
an information collection within the
meaning of the PRA, for which the
Department has obtained approval from
the Office of Management and Budget
(OMB) under OMB Control No. 1210–
0128. The OMB approval is currently
scheduled to expire on July 31, 2013.

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Agency: Employee Benefits Security
Administration, Department of Labor.
Title: Final Amendment to Prohibited
Transaction Exemption 96–23 for Plan
Asset Transactions Determined by InHouse Asset Managers.
Type of Review: Extension of a
currently approved collection of
information.
OMB Number: 1210–0145.
Affected Public: Individuals or
households; Business or other for-profit;
Not-for-profit institutions.
Respondents: 20.
Responses: 40.
Estimated Total Burden Hours: 1,240.
Estimated Total Burden Cost
(Operating and Maintenance): $400,000.
Description: This final amendment to
PTE 96–23, a class exemption, permits
various transactions involving employee
benefit plans whose assets are managed
by in-house asset managers (INHAMs),
provided the conditions of the
exemption are met. In accordance with
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520) (PRA 95), the
Department submitted the information
collection request (ICR) included in the
Proposed Amendment to PTE 96–23 for
Plan Asset Transactions Determined by
In-House Asset Managers to OMB for
review and clearance at the time the
Notice of the proposed exemption was
published in the Federal Register (June
14, 2010, 75 FR 33642). OMB approved
the amendment under OMB control
number 1210–0145, on July 26, 2010.
The approval will expire on July 31,
2013.
II. Focus of Comments
The Department is particularly
interested in comments that:
• Evaluate whether the collections of
information are necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
• Evaluate the accuracy of the
agency’s estimate of the collections of
information, including the validity of
the methodology and assumptions used;
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• 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., by permitting electronic
submissions of responses.
Comments submitted in response to this
notice will be summarized and/or
included in the ICRs for OMB approval
of the extension of the information

VerDate Mar<15>2010

15:05 Nov 26, 2012

Jkt 229001

collection; they will also become a
matter of public record.
Dated: November 16, 2012.
Joseph S. Piacentini,
Director, Office of Policy and Research,
Employee Benefits Security Administration.
[FR Doc. 2012–28464 Filed 11–26–12; 8:45 am]
BILLING CODE 4510–29–P

DEPARTMENT OF LABOR
Employment and Training
Administration
Comment Request for Information
Collection for Trade Adjustment
Assistance (TAA) Reserve Funding
Request Form, Extension Without
Revisions
Employment and Training
Administration (ETA), Labor.
ACTION: Notice.
AGENCY:

The Department of Labor
(Department), as part of its continuing
effort to reduce paperwork and
respondent burden, conducts a
preclearance consultation program to
provide the public and Federal agencies
with an opportunity to comment on
proposed and/or continuing collections
of information in accordance with the
Paperwork Reduction Act of 1995 [44
U.S.C. 3506(c)(2)(A)]. This program
helps ensure that requested data can be
provided in the desired format,
reporting burden (time and financial
resources) is minimized, collection
instruments are clearly understood, and
the impact of collection requirements on
respondents can be properly assessed.
Currently, ETA is soliciting comments
concerning the proposed extension of,
with no revisions, data collections using
the ETA Form 9117, Trade Adjustment
Assistance (TAA) Reserve Funding
Request Form (OMB Control Number
1205–0275). The current expiration date
is February 28, 2013.
DATES: Written comments must be
submitted to the office listed in the
addresses section below on or before
January 28, 2013.
ADDRESSES: Submit written comments
to Caroline Hertel, Office of Trade
Adjustment Assistance, Room N–5428,
Employment and Training
Administration, U.S. Department of
Labor, 200 Constitution Avenue NW.,
Washington, DC 20210. Telephone
number: 202–693–3236 (this is not a
toll-free number). Individuals with
hearing or speech impairments may
access the telephone number above via
TTY by calling the toll-free Federal
Information Relay Service at 1–877–
889–5627 (TTY/TDD). Fax: 202–693–
SUMMARY:

PO 00000

Frm 00096

Fmt 4703

Sfmt 4703

3584. Email: Hertel.Caroline@dol.gov. A
copy of the proposed information
collection request (ICR) can be obtained
by contacting the office listed above.
SUPPLEMENTARY INFORMATION:
I. Background
The administration of the Trade Act
of 1974 (Trade Act), as amended by the
Trade Adjustment Assistance Extension
Act of 2011 (TAAEA), is the
responsibility of the Secretary of Labor.
Through agreements (GovernorSecretary Agreements) established with
States, States serve as agents of the
Department in making payments to
workers who have lost their jobs as a
result of foreign trade and been certified
for the TAA Program. Section 241 of the
Trade Act provides that: ‘‘the Secretary
shall from time to time certify to the
Secretary of the Treasury for payment to
each cooperating state the sums
necessary to enable such State as agents
of the United States to make payments
provided for by this chapter.’’
As such, states may request reserve
funds before the Final Distribution to
cover the costs of Training, Job Search
Allowances, Relocation Allowances,
Employment and Case Management
Services, and State Administration of
these benefits. Reserve funds will be
distributed to states in accordance with
20 CFR 618.920 on an as-needed basis
in response to reserve fund requests to
provide funds to those states that
experience large, unexpected layoffs or
otherwise have training needs that are
not met by their initial allocation. These
funds must be requested using the Form
ETA–9117 (OMB No. 1205–0275).
II. Review Focus
The Department is particularly
interested in comments which:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• 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 submissions
of responses.

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