Proposed Extension of Information Collection Request Submitted for Public Comment; Procedure for Application for Exemption From the Prohibited Transaction Provisions of Section 408(a) of the Employee Retirement Security Act (ERISA), 9385-9386 [05-3635]
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Federal Register / Vol. 70, No. 37 / Friday, February 25, 2005 / Notices
395–5806. Written comments and
suggestions from the public and affected
agencies concerning the proposed
collection of information are
encouraged. Your comments should
address one or more of the following
four points:
—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
agencies 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 submission of
responses.
Overview of This Information
Collection
19:31 Feb 24, 2005
Jkt 205001
Dated: February 22, 2005.
Brenda E. Dyer,
Department Clearance Officer, Department of
Justice.
[FR Doc. 05–3624 Filed 2–24–05; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF LABOR
Employee Benefits Security
Administration
Proposed Extension of Information
Collection Request Submitted for
Public Comment; Procedure for
Application for Exemption From the
Prohibited Transaction Provisions of
Section 408(a) of the Employee
Retirement Security Act (ERISA)
Employee Benefits Security
Administration, Department of Labor.
ACTION: Notice.
AGENCY:
(1) Type of Information Collection:
Extension of a currently approved
collection.
(2) Title of the Form/Collection:
ARCOS Transaction Reporting—DEA
Form 333.
(3) Agency form number, if any, and
the applicable component of the
Department sponsoring the collection:
Form Number: DEA Form 333. Office of
Diversion Control, Drug Enforcement
Administration, United States
Department of Justice.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Business or other forprofit. Other: None. Abstract:
Manufacturers and distributors of
controlled substances must report
acquisition/distribution transactions to
DEA to comply with Federal law and
international treaty obligations. This
information helps to ensure a closed
system of distribution for these
controlled substances.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond/reply: DEA estimates that 1,334
persons respond to this collection. DEA
estimates that it takes 1 hour to
complete a paper form and 10 minutes
to complete the form electronically.
(6) An estimate of the total public
burden (in hours) associated with the
VerDate jul<14>2003
collection: DEA estimates this collection
has a public burden of 1,309 hours
annually.
If additional information is required
contact: Brenda E. Dyer, Department
Clearance Officer, United States
Department of Justice, Justice
Management Division, Policy and
Planning Staff, Patrick Henry Building,
Suite 1600, 601 D Street NW.,
Washington, DC 20530.
SUMMARY: The Department of Labor, as
part of its continuing effort to reduce
paperwork and respondent burden,
conducts a preclearance consultation
program to provide the general public
and Federal agencies with an
opportunity to comment on proposed
and continuing collections of
information in accordance with the
Paperwork Reduction Act of 1995 (PRA
95). This program helps to 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, the
Employee Benefits Security
Administration is soliciting comments
on the proposed extension of the
information collection provisions
included in the procedure for
applications for exemption from the
prohibited transaction provisions of
section 408(a) of the Employee
Retirement Income Security Act of 1974
(ERISA) (29 CFR 2570.30, et seq.). A
copy of the information collection
request (ICR) can be obtained by
contacting the individual shown in the
ADDRESSES section of this notice.
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Frm 00119
Fmt 4703
Sfmt 4703
9385
Written comments must be
submitted to the office shown in the
ADDRESSES section on or before April
26, 2005.
ADDRESSES: Gerald B. Lindrew,
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:
DATES:
I. Background
Section 408(a) of ERISA provides that
the Secretary may grant exemptions
from the prohibited transaction
provisions of sections 406 and 407(a) of
ERISA and directs the Secretary to
establish an exemption procedure with
respect to such provisions. In this
regard, the Department previously
issued a regulation which describes the
procedures that must be followed in
filing for such exemptions (29 CFR
2570.30. et seq.). Under section 408(a) of
ERISA, in order for the Secretary to
grant an exemption, it must be
determined that such exemption is ‘‘(1)
administratively feasible; (2) in the
interests of the plan and its participants
and beneficiaries; and (3) protective of
the rights of participants and
beneficiaries.’’ In order to make such
determination, the Department requires
full information regarding all aspects of
the transaction, including the specific
circumstances surrounding the
transaction, and the parties and assets
involved. Thus, sections 2570.34 and
2570.35 of the exemption procedures
regulation lists the information that
must be supplied by the applicant. This
information includes: Identifying
information (name, type of plan, EIN
number, etc.); an estimate of the number
of plan participants; a detailed
description of the transaction and the
parties for which an exemption is
requested; statements regarding what
section of ERISA is thought to be in
violation and whether the transaction(s)
involved have already been entered
into; a statement of whether the
transaction is customary in the industry;
a statement of the hardship or economic
loss, if any, which would result if the
exemption were denied; a statement
explaining why the proposed exemption
would be administratively feasible, in
the interests of the plan and protective
of the rights of plan participants and
beneficiaries; and several other
statements. In addition, the applicant
must certify that the information
supplied is accurate and complete.
Section 408(a) of ERISA requires that
before granting an exemption from
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25FEN1
9386
Federal Register / Vol. 70, No. 37 / Friday, February 25, 2005 / Notices
406(a) the Secretary ‘‘shall require that
adequate notice be given to interested
parties, and shall afford interested
persons opportunity to present views.’’
Thus, § 2570.43 of the exemption
procedures regulation requires that the
applicant for an exemption provide
interested persons with a copy of the
Federal Register notice containing the
proposed exemption and a statement
which informs them of their right to
comment on the proposed exemption.
II. Review Focus
The Department of Labor
(Department) 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
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.
III. Current Actions
The Office of Management and
Budget’s (OMB) approval of this ICR
will expire on February 28, 2005. After
considering comments received in
response to this notice, the Department
intends to submit the ICR to OMB for
continuing approval. No change to the
existing ICR is proposed or made at this
time.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of the information collection
request; they will also become a matter
of public record.
Agency: Employee Benefits Security
Administration, Department of Labor.
Title: Procedure for Application for
Prohibited Transaction Exemption
Regulation pursuant to 29 CFR 2570.30,
et seq.
Type of Review: Extension of a
currently approved collection of
information.
OMB Number: 1210–0060.
VerDate jul<14>2003
19:31 Feb 24, 2005
Jkt 205001
Affected Public: Individuals or
households; Business or other for-profit;
Not-for-profit institutions.
Respondents: 84.
Responses: 84.
Average Response Time: 25 hours.
Estimated Total Burden Hours: 0.
Estimated Total Burden Dollars:
$111,579.
Dated: February 18, 2005.
Joseph S. Piacentini,
Director, Office of Policy and Research ,
Employee Benefits Security Administration.
[FR Doc. 05–3635 Filed 2–24–05; 8:45 am]
BILLING CODE 4510–29–P
DEPARTMENT OF LABOR
Employment Standards
Administration; Wage and Hour
Division
Minimum Wages for Federal and
Federally Assisted Construction;
General Wage Determination Decisions
General wage determination decisions
of the Secretary of Labor are issued in
accordance with applicable law and are
based on the information obtained by
the Department of Labor from its study
of local wage conditions and data made
available from other sources. They
specify the basic hourly wage rates and
fringe benefits which are determined to
be prevailing for the described classes of
laborers and mechanics employed on
construction projects of a similar
character and in the localities specified
therein.
The determination in these decisions
of prevailing rates and fringe benefits
have been made in accordance with 29
CFR part 1, by authority of the Secretary
of Labor pursuant to the provisions of
the Davis-Bacon Act of March 3, 1931,
as amended (46 Stat. 1494, as amended,
40 U.S.C. 276a) and of other Federal
statutes referred to in 29 CFR part 1,
Appendix, as well as such additional
statutes as may from time to time be
enacted containing provisions for the
payment of wages determined to be
prevailing by the Secretary of Labor in
accordance with the Davis-Bacon Act.
The prevailing rates and fringe benefits
determined in these decisions shall, in
accordance with the provisions of the
foregoing statutes, constitute the
minimum wage payable on Federal and
federally assisted construction projects
to laborers and mechanics of the
specified classes engaged on contract
work of the character and in the
localities described therein.
Good cause is hereby found for not
utilizing notice and public comment
procedure thereon prior to the issuance
PO 00000
Frm 00120
Fmt 4703
Sfmt 4703
of these determinations as prescribed in
5 U.S.C. 553 and not providing for delay
in the effective date as prescribed in that
section, because the necessity to issue
current construction industry wage
determinations frequently and in large
volume cause procedures to be
impractical and contrary to the public
interest.
General wage determination
decisions, and modifications and
supersedes decisions thereto, contain no
expiration dates and are effective from
the date of notice in the Federal
Register, or on the date written notice
is received by the agency, whichever is
earlier. These decisions are to be used
in accordance with the provisions of 29
CFR parts 1 and 5. Accordingly, the
applicable decision, together with any
modifications issued, must be made a
part of every contract for performance of
the described work within the
geographic area indicated as required by
an applicable Federal prevailing wage
law and 29 CFR part 5. The wage rates
and fringe benefits, notice of which is
published herein, and which are
contained in the Government Printing
Office (GPO) document entitled
‘‘General Wage Determinations Issued
Under The Davis-Bacon And Related
Acts,’’ shall be the minimum paid by
contractors and subcontractors to
laborers and mechanics.
Any person, organization, or
governmental agency having an interest
in the rates determined as prevailing is
encouraged to submit wage rate and
fringe benefit information for
consideration be the Department.
Further information and selfexplanatory forms for the purpose of
submitting this data may be obtained by
writing to the U.S. Department of Labor,
Employment Standards Administration,
Wage and Hour Division, Division of
Wage Determinations, 200 Constitution
Avenue, NW., Room S–3014,
Washington, DC 20210.
Modification to General Wage
Determination Decisions
The number of decisions listed to the
Government Printing Office document
entitled ‘‘General Wage Determinations
Issued Under the Davis-Bacon and
Related Acts’’ being modified are listed
by Volume and State. Dates of
publication in the Federal Register are
in parentheses following the decisions
being modified.
Volume I
Connecticut
CT20030001 (Jun. 13, 2004)
CT20030005 (Jun. 13, 2004)
Massachusetts
MA20030004 (Jun. 13, 2004)
New Jersey
E:\FR\FM\25FEN1.SGM
25FEN1
Agencies
[Federal Register Volume 70, Number 37 (Friday, February 25, 2005)]
[Notices]
[Pages 9385-9386]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-3635]
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DEPARTMENT OF LABOR
Employee Benefits Security Administration
Proposed Extension of Information Collection Request Submitted
for Public Comment; Procedure for Application for Exemption From the
Prohibited Transaction Provisions of Section 408(a) of the Employee
Retirement Security Act (ERISA)
AGENCY: Employee Benefits Security Administration, Department of Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor, as part of its continuing effort to
reduce paperwork and respondent burden, conducts a preclearance
consultation program to provide the general public and Federal agencies
with an opportunity to comment on proposed and continuing collections
of information in accordance with the Paperwork Reduction Act of 1995
(PRA 95). This program helps to 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, the Employee Benefits Security
Administration is soliciting comments on the proposed extension of the
information collection provisions included in the procedure for
applications for exemption from the prohibited transaction provisions
of section 408(a) of the Employee Retirement Income Security Act of
1974 (ERISA) (29 CFR 2570.30, et seq.). A copy of the information
collection request (ICR) can be obtained by contacting the individual
shown in the ADDRESSES section of this notice.
DATES: Written comments must be submitted to the office shown in the
Addresses section on or before April 26, 2005.
ADDRESSES: Gerald B. Lindrew, 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:
I. Background
Section 408(a) of ERISA provides that the Secretary may grant
exemptions from the prohibited transaction provisions of sections 406
and 407(a) of ERISA and directs the Secretary to establish an exemption
procedure with respect to such provisions. In this regard, the
Department previously issued a regulation which describes the
procedures that must be followed in filing for such exemptions (29 CFR
2570.30. et seq.). Under section 408(a) of ERISA, in order for the
Secretary to grant an exemption, it must be determined that such
exemption is ``(1) administratively feasible; (2) in the interests of
the plan and its participants and beneficiaries; and (3) protective of
the rights of participants and beneficiaries.'' In order to make such
determination, the Department requires full information regarding all
aspects of the transaction, including the specific circumstances
surrounding the transaction, and the parties and assets involved. Thus,
sections 2570.34 and 2570.35 of the exemption procedures regulation
lists the information that must be supplied by the applicant. This
information includes: Identifying information (name, type of plan, EIN
number, etc.); an estimate of the number of plan participants; a
detailed description of the transaction and the parties for which an
exemption is requested; statements regarding what section of ERISA is
thought to be in violation and whether the transaction(s) involved have
already been entered into; a statement of whether the transaction is
customary in the industry; a statement of the hardship or economic
loss, if any, which would result if the exemption were denied; a
statement explaining why the proposed exemption would be
administratively feasible, in the interests of the plan and protective
of the rights of plan participants and beneficiaries; and several other
statements. In addition, the applicant must certify that the
information supplied is accurate and complete.
Section 408(a) of ERISA requires that before granting an exemption
from
[[Page 9386]]
406(a) the Secretary ``shall require that adequate notice be given to
interested parties, and shall afford interested persons opportunity to
present views.'' Thus, Sec. 2570.43 of the exemption procedures
regulation requires that the applicant for an exemption provide
interested persons with a copy of the Federal Register notice
containing the proposed exemption and a statement which informs them of
their right to comment on the proposed exemption.
II. Review Focus
The Department of Labor (Department) 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 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.
III. Current Actions
The Office of Management and Budget's (OMB) approval of this ICR
will expire on February 28, 2005. After considering comments received
in response to this notice, the Department intends to submit the ICR to
OMB for continuing approval. No change to the existing ICR is proposed
or made at this time.
Comments submitted in response to this notice will be summarized
and/or included in the request for OMB approval of the information
collection request; they will also become a matter of public record.
Agency: Employee Benefits Security Administration, Department of
Labor.
Title: Procedure for Application for Prohibited Transaction
Exemption Regulation pursuant to 29 CFR 2570.30, et seq.
Type of Review: Extension of a currently approved collection of
information.
OMB Number: 1210-0060.
Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
Respondents: 84.
Responses: 84.
Average Response Time: 25 hours.
Estimated Total Burden Hours: 0.
Estimated Total Burden Dollars: $111,579.
Dated: February 18, 2005.
Joseph S. Piacentini,
Director, Office of Policy and Research , Employee Benefits Security
Administration.
[FR Doc. 05-3635 Filed 2-24-05; 8:45 am]
BILLING CODE 4510-29-P