Proposed Extension of Information Collection; Comment Request Final Rule Relating To Notice of Blackout Periods to Participants and Beneficiaries, 75836-75837 [05-24280]
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75836
Federal Register / Vol. 70, No. 244 / Wednesday, December 21, 2005 / Notices
Dated: December 14, 2005.
Susan G. Lahne,
Senior Pension Law Specialist, Office of
Policy and Research, Employee Benefits
Security Administration.
[FR Doc. 05–24279 Filed 12–20–05; 8:45 am]
received approval from OMB under
OMB Control No. 1210–0066. The
current ICR approval is scheduled to
expire on February 28, 2006.
II. Desired Focus of Comments
The Department of Labor
(Department) is particularly interested
in comments that:
• Evaluate whether the 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
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., by permitting electronic
submissions of responses.
erjones on PROD1PC68 with NOTICES
III. Current Action
This notice requests comments on an
extension of the information collection
provisions included in ERISA Advisory
Opinion Procedure 76–1. The
Department is not proposing or
implementing changes to the existing
ICR at this time. A summary of the ICR
and the current burden estimates
follows:
Agency: Employee Benefits Security
Administration, Department of Labor.
Title: ERISA Advisory Opinion
Procedure 76–1.
Type of Review: Extension of a
currently approved collection of
information.
OMB Number: 1210–0066.
Affected Public: Individuals or
households; Business or other for-profit;
Not-for-profit institutions.
Respondents: 115.
Responses: 115.
Average Response time: 14 hours.
Estimated Total Burden Hours: 161.
Estimated Total Burden Cost
(Operating and Maintenance): $108,000.
Comments submitted in response to
this notice will be summarized and/or
included in the request for Office of
Management and Budget approval of the
extension of this information collection
request; they will also become a matter
of public record.
VerDate Aug<31>2005
15:25 Dec 20, 2005
Jkt 208001
BILLING CODE 4510–29–P
DEPARTMENT OF LABOR
Employee Benefits Security
Administration
Proposed Extension of Information
Collection; Comment Request Final
Rule Relating To Notice of Blackout
Periods to Participants and
Beneficiaries
ACTION:
Notice.
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995 (PRA
95) (44 U.S.C. 3506(c)(2)(A)), the
Department of Labor (the Department)
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. This program helps to
ensure that the data the Department
gathers can be provided in the desired
format, that the reporting burden on the
public (time and financial resources) is
minimized, that the public understands
the Department’s collection
instruments, and that the Department
can accurately assess the impact of
collection requirements on respondents.
By this notice, the Department is
soliciting comments concerning the
information collection provisions of the
regulation under section 101(i) of the
Sarbanes-Oxley Act of 2002 (the SOA),
which requires written notice to be
provided to affected participants and
beneficiaries of individual account
plans of any ‘‘blackout period’’ during
which their right to direct or diversify
investments, obtain a loan, or obtain a
distribution under the plan may be
temporarily suspended. A copy of the
ICR may be obtained by contacting the
office listed in the ADDRESSES section of
this notice.
DATES: Written comments must be
submitted to the office shown in the
ADDRESSES section below on or before
February 21, 2006.
ADDRESSES: Interested parties are
invited to submit written comments
regarding the information collection
request and burden estimates to: Susan
G. Lahne, Office of Policy and Research,
U.S. Department of Labor, Employee
Benefits Security Administration, 200
Constitution Avenue, NW., Room N–
PO 00000
Frm 00057
Fmt 4703
Sfmt 4703
5647, Washington, DC 20210.
Telephone: (202) 693–8410; Fax: (202)
219–4745. These are not toll-free
numbers. Comments may also be
submitted electronically to
ebsa.opr@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 306(b)(1) of the SOA amended
section 101 of ERISA to add a new
subsection (i), requiring that
administrators of individual account
plans provide notice to affected
participants and beneficiaries in
advance of the commencement of any
blackout period. For purposes of this
notice requirement, a blackout period
generally includes any period during
which the ability of participants or
beneficiaries to direct or diversify assets
credited to their accounts, to obtain
loans from the plan or to obtain
distributions from the plan will be
temporarily suspended, limited or
restricted. As required by section
306(b)(2) of SOA, the Department of
Labor (Department) issued rules
necessary to implement the SOA
amendments. The Department’s
regulation at 29 CFR 2520.101–3
specifies when, how, and to whom a
blackout notice must be provided and
provides model notices to meet the
requirements of the regulation.
The Department submitted the
information collection provisions of
§ 2520.101–3 in an ICR to the Office of
Management and Budget (OMB) for
review and clearance at the time of
publication of the interim final rule,
which was published in the Federal
Register on October 21, 2002 (67 FR
64766). OMB approved the ICR under
its emergency clearance procedures on
December 5, 2002. The Department
requested continuing approval of the
information collection, with burdens
unchanged, in connection with
promulgation of the final regulation on
January 24, 2003 (68 FR 3716). The ICR
for the information collection was
approved under OMB control number
1210–0122. This approval is scheduled
to expire on April 30, 2006.
II. Desired 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 burden of the
collections of information, including the
validity of the methodology and
assumptions used;
E:\FR\FM\21DEN1.SGM
21DEN1
Federal Register / Vol. 70, No. 244 / Wednesday, December 21, 2005 / Notices
• 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 submission
of responses.
III. Current Action
The Department is requesting an
extension of the currently approved ICR
for the Final Rule Relating to Notice of
Blackout Periods to Participants and
Beneficiaries. The Department is not
proposing or implementing changes to
the regulation or to the existing ICR. A
summary of the ICR and the current
burden estimates follows:
Type of Review: Extension of a
currently approved collection of
information.
Agency: Employee Benefits Security
Administration, Department of Labor.
Title: Final Rule Relating to Blackout
Notices to Participants and
Beneficiaries.
OMB Number: 1210–0122.
Affected Public: Individuals or
households; Business or other for-profit;
Not-for-profit institutions.
Respondents: 85,150.
Frequency of Response: On occasion.
Responses: 11,956,000.
Estimated Total Burden Hours:
166,129.
Total Annual Cost (Operating and
Maintenance): $9,351,400.
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.
Dated: December 14, 2005.
Susan G. Lahne,
Senior Pension Law Specialist, Office of
Policy and Research, Employee Benefits
Security Administration.
[FR Doc. 05–24280 Filed 12–20–05; 8:45 am]
BILLING CODE 4510–29–P
DEPARTMENT OF LABOR
Employment and Training
Administration
erjones on PROD1PC68 with NOTICES
[TA–W–58,377]
E.I. Dupont Victoria, TX; Notice of
Termination of Investigation
Pursuant to section 221 of the Trade
Act of 1974, as amended, an
investigation was initiated on November
VerDate Aug<31>2005
15:25 Dec 20, 2005
Jkt 208001
18, 2005 in response to a worker
petition filed by the Texas Work Force
Commission on behalf of workers at E.I.
DuPont, Victoria, Texas.
The petitioner has requested that the
petition be withdrawn. Consequently,
the investigation has been terminated.
Signed at Washington, DC this 5th day of
December, 2005
Richard Church,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E5–7608 Filed 12–20–05; 8:45 am]
BILLING CODE 4510–30–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–50,129 and TA–W–50,129A]
IBM Corporation, Global Services
Division, Piscataway, NJ; IBM
Corporation, Global Services Division,
Middletown, NJ; Notice of Negative
Determination on Remand
The United States Court of
International Trade (USCIT) remanded
to the Department of Labor (Labor) for
further investigation Former Employees
of IBM Corporation, Global Services
Division v. U.S. Secretary of Labor,
Court No. 03–00656. The USCIT’s Order
was issued on August 1, 2005.
A petition for Trade Adjustment
Assistance (TAA), dated November 13,
2002, was filed on behalf of workers at
IBM Corporation, Global Services
Division, Piscataway and Middletown,
New Jersey (the subject firm). The
petitioning workers had been employed
by AT&T and had handled the same
responsibilities for IBM, after being
outsourced by AT&T to IBM in 2000.
In the petition, the workers alleged
that the subject firm was shifting
computer software production to
Canada and importing those products
from Canada. Upon institution of the
petition on November 19, 2002, the
Department conducted an investigation
to determine whether the subject
workers were eligible to apply for TAA.
The relevant period for purposes of the
investigation was determined to be
November 2001 through November
2002.
For workers of the subject firm to be
certified as eligible to apply for TAA,
the following criteria must be met:
(1) A significant number or proportion of
the workers in such workers’ firm, or an
appropriate subdivision of the firm, have
become totally or partially separated, or are
threatened to become totally or partially
separated; and
PO 00000
Frm 00058
Fmt 4703
Sfmt 4703
75837
(2) The sales or production, or both, of
such firm or subdivision have decreased
absolutely, imports of articles like or directly
competitive with articles produced by such
firm or subdivision have increased, and the
increase in imports contributed importantly
to such workers’ separation or threat of
separation and to the decline in the sales or
production of such firm or subdivision; or
(3) There has been a shift in production by
such workers’ firm or subdivision to a foreign
country of articles like or directly
competitive with articles which are produced
by such firm or subdivision; and the country
to which the workers’ firm has shifted
production of the articles is a party to a free
trade agreement with the United States, is a
beneficiary country under the Andean Trade
Preference Act, African Growth and
Opportunity Act, or the Caribbean Basin
Economic Recovery Act or there has been or
is likely to be an increase in imports of
articles that are like or directly competitive
with articles which are or were produced by
such firm or subdivision.
29 U.S.C. Section 222
The investigation revealed that the
workers were engaged in the analysis
and maintenance of computer software
and information systems (identifying
product requirements, developing
network solutions, and writing
software). The Department determined
that the workers did not produce an
article within the meaning of Section
222 of the Trade Act. The Department’s
determination was issued on March 26,
2003. The Notice of determination was
published in the Federal Register on
April 7, 2003 (68 FR 16834).
By application of April 29, 2003, a
petitioner requested administrative
reconsideration of the Department’s
negative determination regarding
eligibility for workers and former
workers of the subject firm to apply for
TAA. In the request for reconsideration,
the petitioner alleged that the workers
did produce an article and argued that
the denial was the result of an overly
narrow and antiquated interpretation of
production by the Department.
The Department reviewed the
petitioner’s request for reconsideration
and affirmed that the workers did not
produce an article within the meaning
of Section 222 of the Trade Act. Prior to
making the determination, the
Department reviewed the legislative
intent of the TAA program as well as the
language of the Trade Act. The
Department also reviewed the
Harmonized Tariff Schedule of the
United States (HTSUS) and the North
American Industry Classification
System (NAICS), and sought guidance
from the U.S. Customs Service
(Customs). On June 26, 2003, the
Department issued a Notice of Negative
Determination Regarding Application
E:\FR\FM\21DEN1.SGM
21DEN1
]]>Agencies
[Federal Register Volume 70, Number 244 (Wednesday, December 21, 2005)]
[Notices]
[Pages 75836-75837]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24280]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employee Benefits Security Administration
Proposed Extension of Information Collection; Comment Request
Final Rule Relating To Notice of Blackout Periods to Participants and
Beneficiaries
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (PRA
95) (44 U.S.C. 3506(c)(2)(A)), the Department of Labor (the Department)
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. This program helps to ensure
that the data the Department gathers can be provided in the desired
format, that the reporting burden on the public (time and financial
resources) is minimized, that the public understands the Department's
collection instruments, and that the Department can accurately assess
the impact of collection requirements on respondents.
By this notice, the Department is soliciting comments concerning
the information collection provisions of the regulation under section
101(i) of the Sarbanes-Oxley Act of 2002 (the SOA), which requires
written notice to be provided to affected participants and
beneficiaries of individual account plans of any ``blackout period''
during which their right to direct or diversify investments, obtain a
loan, or obtain a distribution under the plan may be temporarily
suspended. A copy of the ICR may be obtained by contacting the office
listed in the ADDRESSES section of this notice.
DATES: Written comments must be submitted to the office shown in the
ADDRESSES section below on or before February 21, 2006.
ADDRESSES: Interested parties are invited to submit written comments
regarding the information collection request and burden estimates to:
Susan G. Lahne, Office of Policy and Research, U.S. Department of
Labor, Employee Benefits Security Administration, 200 Constitution
Avenue, NW., Room N-5647, Washington, DC 20210. Telephone: (202) 693-
8410; Fax: (202) 219-4745. These are not toll-free numbers. Comments
may also be submitted electronically to ebsa.opr@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 306(b)(1) of the SOA amended section 101 of ERISA to add a
new subsection (i), requiring that administrators of individual account
plans provide notice to affected participants and beneficiaries in
advance of the commencement of any blackout period. For purposes of
this notice requirement, a blackout period generally includes any
period during which the ability of participants or beneficiaries to
direct or diversify assets credited to their accounts, to obtain loans
from the plan or to obtain distributions from the plan will be
temporarily suspended, limited or restricted. As required by section
306(b)(2) of SOA, the Department of Labor (Department) issued rules
necessary to implement the SOA amendments. The Department's regulation
at 29 CFR 2520.101-3 specifies when, how, and to whom a blackout notice
must be provided and provides model notices to meet the requirements of
the regulation.
The Department submitted the information collection provisions of
Sec. 2520.101-3 in an ICR to the Office of Management and Budget (OMB)
for review and clearance at the time of publication of the interim
final rule, which was published in the Federal Register on October 21,
2002 (67 FR 64766). OMB approved the ICR under its emergency clearance
procedures on December 5, 2002. The Department requested continuing
approval of the information collection, with burdens unchanged, in
connection with promulgation of the final regulation on January 24,
2003 (68 FR 3716). The ICR for the information collection was approved
under OMB control number 1210-0122. This approval is scheduled to
expire on April 30, 2006.
II. Desired 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
burden of the collections of information, including the validity of the
methodology and assumptions used;
[[Page 75837]]
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 submission of responses.
III. Current Action
The Department is requesting an extension of the currently approved
ICR for the Final Rule Relating to Notice of Blackout Periods to
Participants and Beneficiaries. The Department is not proposing or
implementing changes to the regulation or to the existing ICR. A
summary of the ICR and the current burden estimates follows:
Type of Review: Extension of a currently approved collection of
information.
Agency: Employee Benefits Security Administration, Department of
Labor.
Title: Final Rule Relating to Blackout Notices to Participants and
Beneficiaries.
OMB Number: 1210-0122.
Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
Respondents: 85,150.
Frequency of Response: On occasion.
Responses: 11,956,000.
Estimated Total Burden Hours: 166,129.
Total Annual Cost (Operating and Maintenance): $9,351,400.
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.
Dated: December 14, 2005.
Susan G. Lahne,
Senior Pension Law Specialist, Office of Policy and Research, Employee
Benefits Security Administration.
[FR Doc. 05-24280 Filed 12-20-05; 8:45 am]
BILLING CODE 4510-29-P
