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]

Download as PDF 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. PO 00000 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 E:\FR\FM\25FEN1.SGM 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.

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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