Proposed Extension of Information Collection Comment Request; Prohibited Transaction Class Exemption 2002-12, Cross-Trades of Securities by Index and Model-Driven Funds, 11679-11680 [E6-3235]
Download as PDF
<![CDATA[
erjones on PROD1PC68 with NOTICES
Federal Register / Vol. 71, No. 45 / Wednesday, March 8, 2006 / Notices
Comments should be sent to Office of
Information and Regulatory Affairs,
Attn: OMB Desk Officer for the
Employment Standards Administration
(ESA), Office of Management and
Budget, Room 10235, Washington, DC
20503, 202–395–7316 (this is not a tollfree number), within 30 days from the
date of this publication in the Federal
Register.
The OMB 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 submission of
responses.
Agency: Employment Standards
Administration.
Type of Review: Extension of
currently approved collection.
Title: Employment Under Special
Certificate of Apprentices, Messengers
and Learners (including Student
Learners).
OMB Number: 1215–0192.
Form Numbers: WH–205 and WH–
209.
Frequency: On occasion and
Annually.
Type of Response: Recordkeeping and
Reporting.
Affected Public: Business or other forprofit; Individuals or households; Notfor-profit institutions; and State, Local,
or Tribal Government.
Number of Respondents: 929.
Number of Annual Responses: 929.
Estimated Average Response Time: 30
minutes for Form WH–205 and 20
minutes for Form WH–209.
Total Annual Burden Hours: 465.
Total Annualized capital/startup
costs: $0.
Total Annual Costs (operating/
maintaining systems or purchasing
services): $390.
Description: Fair Labor Standards Act
(FLSA) 14(a) requires that the Secretary
of Labor, to the extent necessary to
prevent curtailment of employment
VerDate Aug<31>2005
15:53 Mar 07, 2006
Jkt 208001
opportunities, provide by regulations or
orders for the employment of categories
of workers who, under special
certificates, may be paid less than the
statutory minimum wage. This section
also authorizes the Secretary to set
limitations on such employment as to
time, number, proportion and length of
service. These workers include
apprentices, messengers and learners,
including student-learners and studentworkers. Regulations found at 29 CFR
Part 520 contain the provisions that
implement the FLSA 14(a)
requirements. Form WH–205 is the
application an employer uses to obtain
a certificate to employ student-learners
at wages lower than the general federal
minimum wage. Form WH–209 is the
application an employer uses to request
a certificate authorizing the employer to
employ learners and/or messengers at
subminimum wage rates. There is no
application form that employers
complete to obtain authority from DOL
to employ apprentices at subminimum
wages.
Ira L. Mills,
Departmental Clearance Officer.
[FR Doc. E6–3250 Filed 3–7–06; 8:45 am]
BILLING CODE 4510–27–P
DEPARTMENT OF LABOR
Employee Benefits Security
Administration
Proposed Extension of Information
Collection Comment Request;
Prohibited Transaction Class
Exemption 2002–12, Cross-Trades of
Securities by Index and Model-Driven
Funds
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
respondents can provide the requested
data in the desired format, that the
reporting burden (time and financial
resources) on the public is minimized,
that the public can understand the
Department’s collection instruments,
and that the Department can properly
assess the impact of its information
collection requirements on respondents.
PO 00000
Frm 00107
Fmt 4703
Sfmt 4703
11679
Currently, the Employee Benefits
Security Administration (EBSA) is
soliciting comments on a proposed
extension of the information collection
provisions of Prohibited Transaction
Class Exemption 2002–12, Cross-Trades
of Securities by Index and Model-Driven
Funds. 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 May 8,
2006.
ADDRESSES: Direct all written comments
to Susan G. Lahne, Office of Policy and
Research, Employee Benefits Security
Administration, U.S. Department of
Labor, 200 Constitution Avenue, NW.,
Room N–5718, Washington, DC 20210,
(202) 693–8410, FAX (202) 219–4745
(These are not toll-free numbers.).
Comments may also be submitted
electronically to the following Internet
e-mail address: ebsa.opr@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Background
PTE 2002–12 exempts certain
transactions that would be prohibited
under the Employee Retirement Income
Security Act of 1974 (the Act or ERISA)
and the Federal Employees’ Retirement
System Act (FERSA), and provides relief
from certain sanctions of the Internal
Revenue Code of 1986 (the Code). The
exemption permits cross-trades of
securities among Index and ModelDriven Funds (Funds) managed by
managers (Managers), and among such
Funds and certain large accounts (Large
Accounts) that engage such Managers to
carry out a specific portfolio
restructuring program or to otherwise
act as a ‘‘trading adviser’’ for such a
program. By removing existing barriers
to these types of transactions, the
exemption increases the incidences of
cross-trading, thereby lowering the
transaction costs to plans in a number
of ways from what they would be
otherwise.
In order for the Department to grant
an exemption for a transaction or class
of transactions that would otherwise be
prohibited under ERISA, the statute
requires the Department to make a
finding that the exemption is
administratively feasible, in the interest
of the plan and its participants and
beneficiaries, and protective of the
rights of the participants and
beneficiaries. To ensure that Managers
have complied with the requirements of
the exemption, the Department has
included in the exemption certain
recordkeeping and disclosure
E:\FR\FM\08MRN1.SGM
08MRN1
11680
Federal Register / Vol. 71, No. 45 / Wednesday, March 8, 2006 / Notices
obligations that are designed to
safeguard plan assets by periodically
providing information to plan
fiduciaries, who generally must be
independent, about the cross-trading
program. Initially, where plans are not
invested in Funds, Managers must
furnish information to plan fiduciaries
about the cross-trading program,
provide a statement that the Manager
will have a potentially conflicting
division of loyalties, and obtain written
authorization from a plan fiduciary for
a plan to participate in a cross-trading
program. For plans that are currently
invested in Funds, the Manager must
provide annual notices to update the
plan fiduciary and provide the plan
with an opportunity to withdraw from
the program. For Large Accounts, prior
to the cross-trade, the Manager must
provide information about the crosstrading program and obtain written
authorization from the fiduciary of a
Large Account to engage in cross-trading
in connection with a portfolio
restructuring program. Following
completion of the Large Account’s
restructuring, information must be
provided by the Manager about all
cross-trades executed in connection
with a portfolio-restructuring program.
Finally, the exemption requires that
Managers maintain for a period of 6
years from the date of each cross-trade
the records necessary to enable plan
fiduciaries and certain other persons
specified in the exemption (e.g.,
Department representatives or
contributing employers), to determine
whether the conditions of the
exemption have been met.
EBSA previously submitted the
information collection provisions of
PTE 2002–12 to the Office of
Management and Budget (OMB) for
review in connection with promulgation
of the prohibited transaction exemption.
OMB approved the information
collection request (ICR) under OMB
Control No. 1210–0115. The ICR
approval is currently scheduled to
expire on June 30, 2006.
erjones on PROD1PC68 with NOTICES
II. Desired Focus of Comments
The Department of Labor
(Department) is particularly interested
in comments that:
• Provide information related to the
number of entities offering Index and
Model-Driven Funds and their client
plans, and the number of Large
Accounts that may make use of the
exemption;
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the Department, including
VerDate Aug<31>2005
15:53 Mar 07, 2006
Jkt 208001
whether the information will have
practical utility;
• Evaluate the accuracy of the
Department’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
This notice requests comments on an
extension of the information collections
in PTE 2002–12. After considering
comments received in response to this
notice, the Department intends to
submit the ICR to OMB for continuing
approval. Extension of the information
collection provision of the exemption is
important because, without the
disclosures and recordkeeping provided
for in the exemption, participants’ and
beneficiaries’ investments in a pension
plan might not be adequately protected.
In addition, Managers that cross trade
securities among Funds or cross trade
securities in connection with the
restructuring of a portfolio of a Large
Account would be subject to statutorily
imposed sanctions under ERISA. Lastly,
the exemption provides a benefit to
plans and participants through savings
that result from index/model crosstrading. No change to the existing ICR
is being proposed or made at this time.
A summary of the ICR and the current
burden estimates follows:
Agency: Employee Benefits Security
Administration, Department of Labor.
Title: Prohibited Transaction Class
Exemption 2002–12, Cross-Trades of
Securities by Index and Model-Driven
Funds.
Type of Review: Extension of a
currently approved collection of
information.
OMB Number: 1210–0115.
Affected Public: Individuals or
households; Business or other for-profit;
Not-for-profit institutions.
Respondents: 60.
Responses: 840.
Estimated Total Burden Hours: 4,328.
Estimated Total Burden Cost
(Operating and Maintenance): $95,659.
Comments submitted in response to
this notice will be summarized and/or
included in the ICR submitted to OMB
PO 00000
Frm 00108
Fmt 4703
Sfmt 4703
for approval; they will also become a
matter of public record.
Dated: March 2, 2006.
Susan G. Lahne,
Office of Policy and Research, Employee
Benefits Security Employee Benefits Security
Administration.Administration.
[FR Doc. E6–3235 Filed 3–7–06; 8:45 am]
BILLING CODE 4510–29–P
NATIONAL FOUNDATION ON THE
ARTS AND HUMANITIES
Proposed Collection; Comment
Request
AGENCY: National Endowment for the
Humanities, NFAH.
ACTION: Notice.
SUMMARY: The National Endowment for
the Humanities (NEH) is soliciting
public comments on the proposed
information collection described below.
The proposed information collection
will be sent to the Office of Management
and Budget (OMB) for review, as
required by the provisions of the
Paperwork Reduction Act of 1995.
DATES: Comments on this information
collection must be submitted on or
before May 8, 2006.
ADDRESSES: Send comments to Ms.
Susan Daisey, Director, Office of Grant
Management, National Endowment for
the Humanities, 1100 Pennsylvania
Avenue, NW, Room 311, Washington,
DC 20506, or by e-mail to:
sdaisey@neh.gov. Telephone: 202–606–
8494
SUPPLEMENTARY INFORMATION: The
National Endowment for the Humanities
will submit the proposed information
collection to OMB for review, as
required by the Paperwork Reduction
Act of 1995 (Pub. L 104–13, 44 U.S.C.
Chapter 35). This notice is soliciting
comments from members of the public
and affected agencies. NEH is
particularly interested in comments
which help the agency to: (1) 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;
(2) 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; (3) Enhance the
quality, utility, and clarity of the
information to be collected; and (4)
Minimize the burden of the collection of
information on those who are to
respond, including through the use of
appropriate electronic collection
E:\FR\FM\08MRN1.SGM
08MRN1
]]>Agencies
[Federal Register Volume 71, Number 45 (Wednesday, March 8, 2006)]
[Notices]
[Pages 11679-11680]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-3235]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employee Benefits Security Administration
Proposed Extension of Information Collection Comment Request;
Prohibited Transaction Class Exemption 2002-12, Cross-Trades of
Securities by Index and Model-Driven Funds
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 respondents can provide the
requested data in the desired format, that the reporting burden (time
and financial resources) on the public is minimized, that the public
can understand the Department's collection instruments, and that the
Department can properly assess the impact of its information collection
requirements on respondents. Currently, the Employee Benefits Security
Administration (EBSA) is soliciting comments on a proposed extension of
the information collection provisions of Prohibited Transaction Class
Exemption 2002-12, Cross-Trades of Securities by Index and Model-Driven
Funds. 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 May 8, 2006.
ADDRESSES: Direct all written comments to Susan G. Lahne, Office of
Policy and Research, Employee Benefits Security Administration, U.S.
Department of Labor, 200 Constitution Avenue, NW., Room N-5718,
Washington, DC 20210, (202) 693-8410, FAX (202) 219-4745 (These are not
toll-free numbers.). Comments may also be submitted electronically to
the following Internet e-mail address: ebsa.opr@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Background
PTE 2002-12 exempts certain transactions that would be prohibited
under the Employee Retirement Income Security Act of 1974 (the Act or
ERISA) and the Federal Employees' Retirement System Act (FERSA), and
provides relief from certain sanctions of the Internal Revenue Code of
1986 (the Code). The exemption permits cross-trades of securities among
Index and Model-Driven Funds (Funds) managed by managers (Managers),
and among such Funds and certain large accounts (Large Accounts) that
engage such Managers to carry out a specific portfolio restructuring
program or to otherwise act as a ``trading adviser'' for such a
program. By removing existing barriers to these types of transactions,
the exemption increases the incidences of cross-trading, thereby
lowering the transaction costs to plans in a number of ways from what
they would be otherwise.
In order for the Department to grant an exemption for a transaction
or class of transactions that would otherwise be prohibited under
ERISA, the statute requires the Department to make a finding that the
exemption is administratively feasible, in the interest of the plan and
its participants and beneficiaries, and protective of the rights of the
participants and beneficiaries. To ensure that Managers have complied
with the requirements of the exemption, the Department has included in
the exemption certain recordkeeping and disclosure
[[Page 11680]]
obligations that are designed to safeguard plan assets by periodically
providing information to plan fiduciaries, who generally must be
independent, about the cross-trading program. Initially, where plans
are not invested in Funds, Managers must furnish information to plan
fiduciaries about the cross-trading program, provide a statement that
the Manager will have a potentially conflicting division of loyalties,
and obtain written authorization from a plan fiduciary for a plan to
participate in a cross-trading program. For plans that are currently
invested in Funds, the Manager must provide annual notices to update
the plan fiduciary and provide the plan with an opportunity to withdraw
from the program. For Large Accounts, prior to the cross-trade, the
Manager must provide information about the cross-trading program and
obtain written authorization from the fiduciary of a Large Account to
engage in cross-trading in connection with a portfolio restructuring
program. Following completion of the Large Account's restructuring,
information must be provided by the Manager about all cross-trades
executed in connection with a portfolio-restructuring program. Finally,
the exemption requires that Managers maintain for a period of 6 years
from the date of each cross-trade the records necessary to enable plan
fiduciaries and certain other persons specified in the exemption (e.g.,
Department representatives or contributing employers), to determine
whether the conditions of the exemption have been met.
EBSA previously submitted the information collection provisions of
PTE 2002-12 to the Office of Management and Budget (OMB) for review in
connection with promulgation of the prohibited transaction exemption.
OMB approved the information collection request (ICR) under OMB Control
No. 1210-0115. The ICR approval is currently scheduled to expire on
June 30, 2006.
II. Desired Focus of Comments
The Department of Labor (Department) is particularly interested in
comments that:
Provide information related to the number of entities
offering Index and Model-Driven Funds and their client plans, and the
number of Large Accounts that may make use of the exemption;
Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the
Department, including whether the information will have practical
utility;
Evaluate the accuracy of the Department'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
This notice requests comments on an extension of the information
collections in PTE 2002-12. After considering comments received in
response to this notice, the Department intends to submit the ICR to
OMB for continuing approval. Extension of the information collection
provision of the exemption is important because, without the
disclosures and recordkeeping provided for in the exemption,
participants' and beneficiaries' investments in a pension plan might
not be adequately protected. In addition, Managers that cross trade
securities among Funds or cross trade securities in connection with the
restructuring of a portfolio of a Large Account would be subject to
statutorily imposed sanctions under ERISA. Lastly, the exemption
provides a benefit to plans and participants through savings that
result from index/model cross-trading. No change to the existing ICR is
being proposed or made at this time. A summary of the ICR and the
current burden estimates follows:
Agency: Employee Benefits Security Administration, Department of
Labor.
Title: Prohibited Transaction Class Exemption 2002-12, Cross-Trades
of Securities by Index and Model-Driven Funds.
Type of Review: Extension of a currently approved collection of
information.
OMB Number: 1210-0115.
Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
Respondents: 60.
Responses: 840.
Estimated Total Burden Hours: 4,328.
Estimated Total Burden Cost (Operating and Maintenance): $95,659.
Comments submitted in response to this notice will be summarized
and/or included in the ICR submitted to OMB for approval; they will
also become a matter of public record.
Dated: March 2, 2006.
Susan G. Lahne,
Office of Policy and Research, Employee Benefits Security Employee
Benefits Security Administration.Administration.
[FR Doc. E6-3235 Filed 3-7-06; 8:45 am]
BILLING CODE 4510-29-P
