Proposed Extension of Information Collection Request Submitted for Public Comment and Recommendations; Delinquent Filer Voluntary Compliance Program, 72761-72762 [E7-24802]
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mstockstill on PROD1PC66 with NOTICES
Federal Register / Vol. 72, No. 245 / Friday, December 21, 2007 / Notices
Type of Review: Extension without
change of currently approved collection.
Title of Collection: Request for
Information on Earnings, Dual Benefits,
Dependents and Third Part Settlements.
OMB Control Number: 1215–0151.
Agency Form Number: CA–1032.
Estimated Number of Annual
Respondents: 50,000.
Estimated Total Annual Burden
Hours: 16,667.
Total Estimated Annual Cost Burden:
$22,000.
Affected Public: Individuals or
households.
Description: In accordance with 20
CFR 10.528, DOL periodically requires
each employee who is receiving
compensation benefits to complete an
affidavit as to any work, or activity
indicating an ability to work, which the
employee has performed for the prior 15
months. If an employee who is required
to file such a report fails to do so within
30 days of the date of the request, his
or her right to compensation for wage
loss under 5 U.S.C. 8105 or 8106 is
suspended until DOL receives the
requested report.
The information collected through the
Form CA–1032 is used to ensure that
compensation being paid is correct.
Without this information, claimants
might receive compensation to which
they were not entitled, resulting in an
overpayment of compensation. For
additional information, see related
notice published on August 29, 2007 at
72 FR 49737.
Agency: Employment Standards
Administration.
Type of Review: Extension without
change of currently approved collection.
Title of Collection: Worker
Information—Terms and Conditions of
Employment.
OMB Control Number: 1215–0187.
Agency Form Numbers: WH–516 and
WH–516–Espanol.
Estimated Number of Annual
Respondents: 129,250.
Estimated Total Annual Burden
Hours: 77,550.
Total Estimated Annual Cost Burden:
$93,060.
Affected Public: Private Sector: Farms.
Description: Various sections of the
Migrant and Seasonal Agricultural
Worker Protection Act (MSPA), 29
U.S.C. 1801 et seq., require respondents
[i.e., Farm Labor Contractors (FLCs),
Agricultural Employers (AGERs), and
Agricultural Associations (AGASs)] to
disclose employment terms and
conditions in writing to: (1) Migrant
agricultural workers at the time of
recruitment [MSPA section 201(a)]; (2)
seasonal agricultural workers, upon
request, at the time an offer of
VerDate Aug<31>2005
18:37 Dec 20, 2007
Jkt 214001
employment is made [MSPA section
301(a)(1)]; and (3) seasonal agricultural
workers employed through a day-haul
operation at the place of recruitment
[MSPA section 301(a)(2)]. See 29 CFR
500.75–.76. Moreover, MSPA sections
201(b) and 301(b) require respondents to
provide each migrant worker, upon
request, with a written statement of the
terms and conditions of employment.
See 29 CFR 500.75(d). MSPA sections
201(g) and 301(f) require providing such
information in English or, as necessary
and reasonable, in a language common
to the workers and that the U.S.
Department of Labor (DOL) make forms
available to provide such information.
The DOL prints and makes Optional
Form WH–516, Worker Information—
Terms and Conditions of Employment,
available for these purposes. See 29 CFR
500.75(a), 500.76(a).
MSPA sections 201(a)(8) and
301(a)(1)(H) require disclosure of certain
information regarding whether State
workers’ compensation or state
unemployment insurance is provided to
each migrant or seasonal agricultural
worker. See 29 CFR 500.75(b)(6). For
example, if State workers’ compensation
is provided, the respondents must
disclose the name of the State workers’
compensation insurance carrier, the
name of the policyholder of such
insurance, the name and the telephone
number of each person who must be
notified of an injury or death, and the
time period within which this notice
must be given. See 29 CFR
500.75(b)(6)(i). Respondents may also
meet this disclosure requirement, by
providing the worker with a photocopy
of any notice regarding workers’
compensation insurance required by
law of the state in which such worker
is employed. See 29 CFR 500.75
(b)(6)(ii).
The Form WH–516 is an optional
form that allows respondents to disclose
employment terms and conditions in
writing to migrant and seasonal
agricultural workers, as required by the
MSPA. Respondents may either
complete the optional form and use it to
make the required disclosures to
workers or use the form as a written
reflection of the information workers
may request from employers under the
MSPA. Disclosure of the information on
this form is beneficial to both parties in
that it enables workers to understand
their employment terms and conditions,
while also providing respondents with
an easy way to disclose the information
required by the MSPA and its
regulations. For additional information,
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
72761
see related notice published on
September 12, 2007 at 72 FR 52166.
Darrin A. King,
Acting Departmental Clearance Officer.
[FR Doc. E7–24810 Filed 12–20–07; 8:45 am]
BILLING CODE 4510–27–P
DEPARTMENT OF LABOR
Employee Benefits Security
Administration
Proposed Extension of Information
Collection Request Submitted for
Public Comment and
Recommendations; Delinquent Filer
Voluntary Compliance Program
Employee Benefits Security
Administration, Department of Labor.
ACTION: Notice.
AGENCY:
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/or continuing collections of
information in accordance with the
Paperwork Reduction Act of 1995 (PRA
95) (Pub. L. 104–13, 44 U.S.C. Chapter
35). 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
concerning the proposed extension of a
currently approved collection of
information included in the Delinquent
Filer Voluntary Compliance Program.
A copy of the proposed information
collection request (ICR) can be obtained
by contacting the individual listed in
the ADDRESSES section of this notice.
DATES: Written comments must be
submitted to the office listed in the
ADDRESSES section below on or before
February 19, 2008.
ADDRESSES: Gerald B. Lindrew,
Department of Labor, Employee Benefits
Security Administration, 200
Constitution Avenue, NW., Room N–
5718, Washington, DC 20210, (202) 693–
8410, FAX (202) 693–4745 (these are not
toll-free numbers).
SUPPLEMENTARY INFORMATION:
I. Background
The Secretary of Labor has the
authority, under section 502(c)(2) of the
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mstockstill on PROD1PC66 with NOTICES
72762
Federal Register / Vol. 72, No. 245 / Friday, December 21, 2007 / Notices
Employee Retirement Income Security
Act of 1974 (ERISA), to assess civil
penalties of up to $1,000 a day 1 against
plan administrators who fail or refuse to
file complete and timely annual reports
(Form 5500 Series Annual Return/
Reports) as required under section
101(b)(4) of ERISA related regulations.
Pursuant to 29 CFR 2560.502c–2 and
2570.60 et seq., EBSA has maintained a
program for the assessment of civil
penalties for noncompliance with the
annual reporting requirements. Under
this program, plan administrators filing
annual reports after the date on which
the report was required to be filed may
be assessed $50 per day for each day an
annual report is filed after the date on
which the annual report(s) was required
to be filed, without regard to any
extensions for filing.
Plan administrators who fail to file an
annual report may be assessed a penalty
of $300 per day, up to $30,000 per year,
until a complete annual report is filed.
Penalties are applicable to each annual
report required to be filed under Title I
of ERISA. The Department may, in its
discretion, waive all or part of a civil
penalty assessed under section 502(c)(2)
upon a showing by the administrator
that there was reasonable cause for the
failure to file a complete and timely
annual report.
The Department has determined that
the possible assessment of these civil
penalties may deter certain delinquent
filers from voluntarily complying with
the annual reporting requirements
under Title I of ERISA. In an effort to
encourage annual reporting compliance,
therefore, the Department implemented
the Delinquent Filer Voluntary
Compliance (DFVC) Program (the
Program) on April 27, 1995 (60 FR
20873). Under the Program,
administrators otherwise subject to the
assessment of higher civil penalties are
permitted to pay reduced civil penalties
for voluntarily complying with the
annual reporting requirements under
Title I of ERISA.
This ICR covers the requirement of
providing data necessary to identify the
plan along with the penalty payment.
This data is the means by which each
penalty payment is associated with the
appropriate plan. With respect to most
pension plans and welfare plans, the
requirement is satisfied by sending a
photocopy of the delinquent Form 5500
annual report 2 that has been filed, along
with the penalty payment.
1 Adjusted
to $1,100 per day pursuant to the
Federal Civil Penalties Inflation Adjustment Act of
1990 and the Debt Collection Improvement Act of
1996. See 62 FR 40696, July 29, 1997.
2 DFVC information collection provisions
originally required submission of the first page of
VerDate Aug<31>2005
18:37 Dec 20, 2007
Jkt 214001
Under current regulations,
apprenticeship and training plans may
be exempted from the reporting and
disclosure requirements of Part 1 of
Title I, and certain pension plans
maintained for highly compensated
employees, commonly called ‘‘top hat’’
plans may comply with these reporting
and disclosure requirements by using an
alternate method by filing a one-time
identifying statement with the
Department. The DFVC Program
provides that apprenticeship and
training plans and top hat plans may, in
lieu of filing any past due annual
reports and paying otherwise applicable
civil penalties, complete and file
specific portions of a Form 5500, file the
identifying statements that were
required to be filed, and pay a one-time
penalty.
II. Review Focus
The Department of Labor 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 April 30, 2008. 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.
the Form 5500 annual report. Because of the recent
revisions to the Form 5500, the information needed
to process the DFVC filing is no longer confined to
the first page of the Form 5500. DFVC filers using
a 1999 or later Form 5500 must submit a copy of
all pages of the Form 5500 (generally 4), dated with
original signature but without any schedules or
attachments.
PO 00000
Frm 00098
Fmt 4703
Sfmt 4703
Type of Review: Extension of a
currently approved collection.
Agency: U.S. Department of Labor,
Employee Benefits Security
Administration.
Title: Delinquent Filer Voluntary
Compliance Program.
OMB Number: 1210–0089.
Affected Public: Business or other forprofit; Not-for-profit institutions.
Frequency: On occasion.
Average Burden Hours/Minutes Per
Response: 21 minutes.
Number of Respondents: 4,100.
Total Annual Responses: 4,100.
Total Annual Burden Hours: 145.
Total Burden Cost (Operating and
Maintenance): $107,300.
Dated: December 7, 2007.
Joseph S. Piacentini,
Director, Office of Policy and Research,
Employee Benefits Security Administration.
[FR Doc. E7–24802 Filed 12–20–07; 8:45 am]
BILLING CODE 4510–29–P
DEPARTMENT OF LABOR
Employee Benefits Security
Administration
Proposed Extension of Information
Collection Request Submitted for
Public Comment and
Recommendations; Prohibited
Transaction Class Exemption 77–4
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 (EBSA) is soliciting
comments concerning the proposed
extension of a currently approved
collection of information, Class
Exemption 77–4 for certain transactions
between investment companies and
employee benefit plans.
A copy of the proposed information
collection request (ICR) can be obtained
by contacting the office listed below in
the ADDRESSES section of this notice.
E:\FR\FM\21DEN1.SGM
21DEN1
]]>Agencies
[Federal Register Volume 72, Number 245 (Friday, December 21, 2007)]
[Notices]
[Pages 72761-72762]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24802]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employee Benefits Security Administration
Proposed Extension of Information Collection Request Submitted
for Public Comment and Recommendations; Delinquent Filer Voluntary
Compliance Program
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/or continuing
collections of information in accordance with the Paperwork Reduction
Act of 1995 (PRA 95) (Pub. L. 104-13, 44 U.S.C. Chapter 35). 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 concerning the proposed extension of a currently
approved collection of information included in the Delinquent Filer
Voluntary Compliance Program.
A copy of the proposed information collection request (ICR) can be
obtained by contacting the individual listed in the ADDRESSES section
of this notice.
DATES: Written comments must be submitted to the office listed in the
ADDRESSES section below on or before February 19, 2008.
ADDRESSES: Gerald B. Lindrew, Department of Labor, Employee Benefits
Security Administration, 200 Constitution Avenue, NW., Room N-5718,
Washington, DC 20210, (202) 693-8410, FAX (202) 693-4745 (these are not
toll-free numbers).
SUPPLEMENTARY INFORMATION:
I. Background
The Secretary of Labor has the authority, under section 502(c)(2)
of the
[[Page 72762]]
Employee Retirement Income Security Act of 1974 (ERISA), to assess
civil penalties of up to $1,000 a day \1\ against plan administrators
who fail or refuse to file complete and timely annual reports (Form
5500 Series Annual Return/Reports) as required under section 101(b)(4)
of ERISA related regulations. Pursuant to 29 CFR 2560.502c-2 and
2570.60 et seq., EBSA has maintained a program for the assessment of
civil penalties for noncompliance with the annual reporting
requirements. Under this program, plan administrators filing annual
reports after the date on which the report was required to be filed may
be assessed $50 per day for each day an annual report is filed after
the date on which the annual report(s) was required to be filed,
without regard to any extensions for filing.
---------------------------------------------------------------------------
\1\ Adjusted to $1,100 per day pursuant to the Federal Civil
Penalties Inflation Adjustment Act of 1990 and the Debt Collection
Improvement Act of 1996. See 62 FR 40696, July 29, 1997.
---------------------------------------------------------------------------
Plan administrators who fail to file an annual report may be
assessed a penalty of $300 per day, up to $30,000 per year, until a
complete annual report is filed. Penalties are applicable to each
annual report required to be filed under Title I of ERISA. The
Department may, in its discretion, waive all or part of a civil penalty
assessed under section 502(c)(2) upon a showing by the administrator
that there was reasonable cause for the failure to file a complete and
timely annual report.
The Department has determined that the possible assessment of these
civil penalties may deter certain delinquent filers from voluntarily
complying with the annual reporting requirements under Title I of
ERISA. In an effort to encourage annual reporting compliance,
therefore, the Department implemented the Delinquent Filer Voluntary
Compliance (DFVC) Program (the Program) on April 27, 1995 (60 FR
20873). Under the Program, administrators otherwise subject to the
assessment of higher civil penalties are permitted to pay reduced civil
penalties for voluntarily complying with the annual reporting
requirements under Title I of ERISA.
This ICR covers the requirement of providing data necessary to
identify the plan along with the penalty payment. This data is the
means by which each penalty payment is associated with the appropriate
plan. With respect to most pension plans and welfare plans, the
requirement is satisfied by sending a photocopy of the delinquent Form
5500 annual report \2\ that has been filed, along with the penalty
payment.
---------------------------------------------------------------------------
\2\ DFVC information collection provisions originally required
submission of the first page of the Form 5500 annual report. Because
of the recent revisions to the Form 5500, the information needed to
process the DFVC filing is no longer confined to the first page of
the Form 5500. DFVC filers using a 1999 or later Form 5500 must
submit a copy of all pages of the Form 5500 (generally 4), dated
with original signature but without any schedules or attachments.
---------------------------------------------------------------------------
Under current regulations, apprenticeship and training plans may be
exempted from the reporting and disclosure requirements of Part 1 of
Title I, and certain pension plans maintained for highly compensated
employees, commonly called ``top hat'' plans may comply with these
reporting and disclosure requirements by using an alternate method by
filing a one-time identifying statement with the Department. The DFVC
Program provides that apprenticeship and training plans and top hat
plans may, in lieu of filing any past due annual reports and paying
otherwise applicable civil penalties, complete and file specific
portions of a Form 5500, file the identifying statements that were
required to be filed, and pay a one-time penalty.
II. Review Focus
The Department of Labor 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 April 30, 2008. 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.
Type of Review: Extension of a currently approved collection.
Agency: U.S. Department of Labor, Employee Benefits Security
Administration.
Title: Delinquent Filer Voluntary Compliance Program.
OMB Number: 1210-0089.
Affected Public: Business or other for-profit; Not-for-profit
institutions.
Frequency: On occasion.
Average Burden Hours/Minutes Per Response: 21 minutes.
Number of Respondents: 4,100.
Total Annual Responses: 4,100.
Total Annual Burden Hours: 145.
Total Burden Cost (Operating and Maintenance): $107,300.
Dated: December 7, 2007.
Joseph S. Piacentini,
Director, Office of Policy and Research, Employee Benefits Security
Administration.
[FR Doc. E7-24802 Filed 12-20-07; 8:45 am]
BILLING CODE 4510-29-P
