Proposed Extension of Information Collection; Comment Request; Regulation Regarding Participant Directed Individual Account Plans Under ERISA 404(c), 4981-4982 [E9-1788]
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Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Notices
• 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.
III. Current Action
sroberts on PROD1PC70 with NOTICES
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: 83.
Responses: 83.
Estimated Total Burden Hours: 855.
Estimated Total Burden Cost
(Operating and Maintenance): $51,000.
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.
Dated: January 22, 2009.
Joseph S. Piacentini,
Director, Office of Policy and Research,
Employee Benefits Security Administration.
[FR Doc. E9–1787 Filed 1–27–09; 8:45 am]
BILLING CODE 4510–29–P
VerDate Nov<24>2008
17:30 Jan 27, 2009
Jkt 217001
DEPARTMENT OF LABOR
Employee Benefits Security
Administration
Proposed Extension of Information
Collection; Comment Request;
Regulation Regarding Participant
Directed Individual Account Plans
Under ERISA 404(c)
ACTION:
Notice.
SUMMARY: The Department of Labor (the
Department), 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) (44 U.S.C. 3506(c)(2)(A)).
This 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.
Currently, the Employee Benefits
Security Administration (EBSA) is
soliciting comments concerning an
extension of the information collections
in regulation section 2550.404c–1,
pertaining to participant-directed
individual account plans under section
404(c) of the Employee Retirement
Income Security Act of 1974 (ERISA). A
copy of the information collection
request (ICR) may be obtained by
contacting the office listed in the
ADDRESSES section of this notice.
DATES: Written comments must be
submitted on or before March 30, 2009.
ADDRESSES: Direct all written comments
regarding the information collection
request and burden estimates to G.
Christopher Cosby, Office of Policy and
Research, Employee Benefits Security
Administration, U.S. Department of
Labor, 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 the
following Internet e-mail address:
ebsa.opr@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 404(c) of ERISA provides that,
if an individual account pension plan
permits a participant or beneficiary to
exercise control over assets in his or her
PO 00000
Frm 00069
Fmt 4703
Sfmt 4703
4981
account and the participant or
beneficiary in fact exercises such
control, the participant or beneficiary
shall not be deemed to be a fiduciary by
such exercise of control and no person
otherwise a fiduciary shall be liable for
any loss or breach that results from the
participant’s or beneficiary’s exercise of
control.
The Department’s regulation at 29
CFR 2550.404c–1 describes the
circumstances in which a participant or
beneficiary will be considered to have
exercised independent control over the
assets in his or her individual account
as contemplated in section 404(c). The
regulation specifies information that
must be made available to participants
or beneficiaries in order for them to
exercise independent control over the
assets in their individual accounts. The
regulation provides that the relief from
fiduciary liability specified in section
404(c) is not available with respect to a
transaction undertaken by a participant
or beneficiary unless the specific
information is provided to the
participant or beneficiary. EBSA
submitted the information collection
provisions in the regulation to the Office
of Management and Budget (OMB) for
review in an information collection
request (ICR) in connection with
promulgation of the final rulemaking,
and OMB approved the ICR under OMB
Control No. 1210–0090. The ICR
approval is scheduled to expire on
March 31, 2009.
II. Desired Focus of Comments
The 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., by permitting electronic submission
of responses.
III. Current Action
This notice requests comments on an
extension of the information collections
E:\FR\FM\28JAN1.SGM
28JAN1
4982
Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Notices
included in regulation section
2550.404c–1, which sets requirements
for fiduciary relief pertaining to
participant-directed individual account
plans under section 404(c) of ERISA.
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:
Type of Review: Extension of a
currently approved collection of
information.
Agency: Employee Benefits Security
Administration, Department of Labor.
Title: Regulation Regarding
Participant Directed Individual Account
Plans (ERISA section 404(c) Plans).
OMB Number: 1210–0090.
Affected Public: Individuals or
households; Business or other for-profit;
Not-for-profit institutions.
Respondents: 245,000.
Frequency of Response: On occasion.
Responses: 30,164,000.
Estimated Total Burden Hours:
860,000.
Total Burden Cost (Operating and
Maintenance): $33,020,000.
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: January 22, 2009.
Joseph S. Piacentini,
Director, Office of Policy and Research,
Employee Benefits Security Administration.
[FR Doc. E9–1788 Filed 1–27–09; 8:45 am]
BILLING CODE 4510–29–P
DEPARTMENT OF LABOR
Agency Information Collection
Activities: Proposed Collection;
Comment Request
AGENCY: Employment and Training
Administration, Labor.
ACTION: Notice.
sroberts on PROD1PC70 with NOTICES
Signed in Washington, DC, this 22nd day
of January 2009.
Douglas F. Small,
Deputy Assistant Secretary of Labor for
Employment and Training.
[FR Doc. E9–1756 Filed 1–27–09; 8:45 am]
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
Notice of a Change in Status of an
Extended Benefit (EB) Period for
Alaska
SUMMARY: This notice announces a
change in benefit period eligibility
under the EB Program for Alaska.
The following change has occurred
since the publication of the last notice
regarding the State’s EB status:
• As of January 10, 2009, Alaska has
completed a mandatory 13-week ‘‘off’’
trigger period. Based on data reported
by the Bureau of Labor Statistics on
December 19, 2008, Alaska’s 3-month
seasonally adjusted total unemployment
rate was 7.1 percent and equals or
17:30 Jan 27, 2009
Information for Claimants
The duration of benefits payable in
the EB Program, and the terms and
conditions on which they are payable,
are governed by the Federal-State
Extended Unemployment Compensation
Act of 1970, as amended, and the
operating instructions issued to the
states by the U.S. Department of Labor.
In the case of a state beginning an EB
period, the State Workforce Agency will
furnish a written notice of potential
entitlement to each individual who has
exhausted all rights to regular benefits
and is potentially eligible for EB (20
CFR 615.13(c)(1)).
Persons who believe they may be
entitled to EB, or who wish to inquire
about their rights under the program,
should contact their State Workforce
Agency.
FOR FURTHER INFORMATION CONTACT:
Scott Gibbons, U.S. Department of
Labor, Employment and Training
Administration, Office of Workforce
Security, 200 Constitution Avenue,
NW., Frances Perkins Bldg. Room S–
4231, Washington, DC 20210, telephone
number (202) 693–3008 (this is not a
toll-free number) or by e-mail:
gibbons.scott@dol.gov.
BILLING CODE 4510–FW–P
Employment and Training
Administration
VerDate Nov<24>2008
exceeds 110 percent of the
corresponding rate in both prior years.
This causes Alaska to be triggered ‘‘on’’
to an EB period beginning January 25,
2009.
Jkt 217001
AGENCY: National Archives and Records
Administration (NARA).
ACTION: Notice.
SUMMARY: NARA is giving public notice
that the agency proposes to request
extension of a currently approved
information collection used for quoted
reproduction orders for various types of
records found in their holdings. These
include, but are not limited to, WW1
Draft Registration Cards, Prison Records,
and Naturalization Records. The public
is invited to comment on the proposed
information collection pursuant to the
Paperwork Reduction Act of 1995.
PO 00000
Frm 00070
Fmt 4703
Sfmt 4703
DATES: Written comments must be
received on or before March 30, 2009 to
be assured of consideration.
ADDRESSES: Comments should be sent
to: Paperwork Reduction Act Comments
(NHP), Room 4400, National Archives
and Records Administration, 8601
Adelphi Rd., College Park, MD 20740–
6001; or faxed to 301–713–7409; or
electronically mailed to
tamee.fechhelm@nara.gov.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the proposed information
collection and supporting statement
should be directed to Tamee Fechhelm
at telephone number 301–837–1694, or
fax number 301–713–7409.
SUPPLEMENTARY INFORMATION: Pursuant
to the Paperwork Reduction Act of 1995
(Pub. L. 104–13), NARA invites the
general public and other Federal
agencies to comment on proposed
information collections. The comments
and suggestions should address one or
more of the following points: (a)
Whether the proposed information
collection is necessary for the proper
performance of the functions of NARA;
(b) the accuracy of NARA’s estimate of
the burden of the proposed information
collection; (c) ways to enhance the
quality, utility, and clarity of the
information to be collected; and (d)
ways, including the use of information
technology, to minimize the burden of
the collection of information on all
respondents; and (e) whether small
businesses are affected by this
collection. The comments that are
submitted will be summarized and
included in the NARA request for Office
of Management and Budget (OMB)
approval. All comments will become a
matter of public record. In this notice,
NARA is soliciting comments
concerning the following information
collection:
Title: Online Reproduction Orders for
National Archives Records.
OMB number: 3095–0064.
Agency form number: N/A.
Type of review: Regular.
Affected public: Individuals or
households.
Estimated number of respondents:
136,572.
Estimated time per response: 10
minutes.
Frequency of response: On occasion.
Estimated total annual burden hours:
22,762 hours.
Abstract: NARA’s Internet-based
ordering system (Order Online!), has
made accessible online certain
reproduction order forms (replicas of
the NATF Series 80 Forms and the
NATF 36). Also available are custom
E:\FR\FM\28JAN1.SGM
28JAN1
]]>Agencies
[Federal Register Volume 74, Number 17 (Wednesday, January 28, 2009)]
[Notices]
[Pages 4981-4982]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1788]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employee Benefits Security Administration
Proposed Extension of Information Collection; Comment Request;
Regulation Regarding Participant Directed Individual Account Plans
Under ERISA 404(c)
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor (the Department), 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) (44 U.S.C. 3506(c)(2)(A)). This 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.
Currently, the Employee Benefits Security Administration (EBSA) is
soliciting comments concerning an extension of the information
collections in regulation section 2550.404c-1, pertaining to
participant-directed individual account plans under section 404(c) of
the Employee Retirement Income Security Act of 1974 (ERISA). A copy of
the information collection request (ICR) may be obtained by contacting
the office listed in the ADDRESSES section of this notice.
DATES: Written comments must be submitted on or before March 30, 2009.
ADDRESSES: Direct all written comments regarding the information
collection request and burden estimates to G. Christopher Cosby, Office
of Policy and Research, Employee Benefits Security Administration, U.S.
Department of Labor, 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 the following Internet e-mail address:
ebsa.opr@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 404(c) of ERISA provides that, if an individual account
pension plan permits a participant or beneficiary to exercise control
over assets in his or her account and the participant or beneficiary in
fact exercises such control, the participant or beneficiary shall not
be deemed to be a fiduciary by such exercise of control and no person
otherwise a fiduciary shall be liable for any loss or breach that
results from the participant's or beneficiary's exercise of control.
The Department's regulation at 29 CFR 2550.404c-1 describes the
circumstances in which a participant or beneficiary will be considered
to have exercised independent control over the assets in his or her
individual account as contemplated in section 404(c). The regulation
specifies information that must be made available to participants or
beneficiaries in order for them to exercise independent control over
the assets in their individual accounts. The regulation provides that
the relief from fiduciary liability specified in section 404(c) is not
available with respect to a transaction undertaken by a participant or
beneficiary unless the specific information is provided to the
participant or beneficiary. EBSA submitted the information collection
provisions in the regulation to the Office of Management and Budget
(OMB) for review in an information collection request (ICR) in
connection with promulgation of the final rulemaking, and OMB approved
the ICR under OMB Control No. 1210-0090. The ICR approval is scheduled
to expire on March 31, 2009.
II. Desired Focus of Comments
The 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., by
permitting electronic submission of responses.
III. Current Action
This notice requests comments on an extension of the information
collections
[[Page 4982]]
included in regulation section 2550.404c-1, which sets requirements for
fiduciary relief pertaining to participant-directed individual account
plans under section 404(c) of ERISA. 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:
Type of Review: Extension of a currently approved collection of
information.
Agency: Employee Benefits Security Administration, Department of
Labor.
Title: Regulation Regarding Participant Directed Individual Account
Plans (ERISA section 404(c) Plans).
OMB Number: 1210-0090.
Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
Respondents: 245,000.
Frequency of Response: On occasion.
Responses: 30,164,000.
Estimated Total Burden Hours: 860,000.
Total Burden Cost (Operating and Maintenance): $33,020,000.
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: January 22, 2009.
Joseph S. Piacentini,
Director, Office of Policy and Research, Employee Benefits Security
Administration.
[FR Doc. E9-1788 Filed 1-27-09; 8:45 am]
BILLING CODE 4510-29-P
