Proposed Extension of Information Collection; Comment Request; Prohibited Transaction Class Exemption 88-59, Residential Mortgage Financing Arrangements, 69363-69364 [E9-30997]

Download as PDF Federal Register / Vol. 74, No. 250 / Thursday, December 31, 2009 / Notices DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Emergency Review: Comment Request erowe on DSK5CLS3C1PROD with NOTICES December 24, 2009. The Department of Labor has submitted the following information collection request (ICR), utilizing emergency review procedures, to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104–13, 44 U.S.C. Chapter 35) and 5 CFR 1320.13. OMB approval has been requested by December 31, 2009. A copy of this ICR, with applicable supporting documentation; including among other things a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained from the RegInfo.gov Web site at http://www.reginfo.gov/ public/do/PRAMain or by contacting Darrin King on 202–693–4129 (this is not a toll-free number)/e-mail: DOL_PRA_PUBLIC@dol.gov. Interested parties are encouraged to send comments to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the Department of Labor— EBSA, Office of Management and Budget, Room 10235, Washington, DC 20503, Telephone: 202–395–7316/Fax: 202–395–6974 (these are not toll-free numbers), E-mail: OIRA_submission@omb.eop.gov. Comments and questions about the ICR listed below should be received 5 days prior to the requested OMB approval date. 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 clarify 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. VerDate Nov<24>2008 15:06 Dec 30, 2009 Jkt 220001 Agency: Employee Benefits Security Administration. Title of Collection: Notice Requirements of the Health Care Continuation Coverage—American Recovery and Reinvestment Act of 2009 Revision. OMB Control Number: 1210–0123. Frequency of Collection: On occasion. Affected Public: Individuals or households; Business or other for-profit; Not-for-profit institutions. Total Estimated Number of Respondents: 2.7 million. Total Estimated Number of Responses: 8.5 million Total Estimated Annual Burden Hours: 0. Total Net Estimated Annual Costs Burden (other than hourly costs): $6.8 million. Description: On December 19, 2009, President Obama signed the Department of Defense Appropriations Act of 2010 (Pub. L. 111–118), which extends the availability of the health care continuation coverage premium reduction provided for COBRA and other health care continuation coverage as required by the American Recovery and Reinvestment Act (ARRA) of 2009 (Pub. L. 111–5). Assistance eligible individuals now can be eligible for the subsidy if they incur an involuntary termination of employment triggering a COBRA election opportunity by February 28, 2010. Before the extension, Assistance Eligible Individuals had to experience an involuntary termination of employment by December 31, 2009. The length of the premium assistance period also is extended from 9 months to 15 months. ARRA, as amended, retained the requirement that the Secretary of Labor (the Secretary), in consultation with the Secretaries of the Treasury and Health and Human Services, develop model notices. These models are for use by group health plans and other entities that, pursuant to ARRA, as amended, must provide notices of the availability of premium reductions and additional election periods for health care continuation coverage. The ICR relates to the issuance of the model notices. Why are we requesting Emergency Processing? If the Department were required to comply with standard PRA clearance procedures, it would not be able to publish the model notices on a timely basis. Dated: December 24, 2009. Joseph S. Piacentini, Acting PRA Clearance Officer. [FR Doc. E9–30995 Filed 12–30–09; 8:45 am] BILLING CODE 4510–29–P PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 69363 DEPARTMENT OF LABOR Employee Benefits Security Administration Proposed Extension of Information Collection; Comment Request; Prohibited Transaction Class Exemption 88–59, Residential Mortgage Financing Arrangements AGENCY: Employee Benefits Security Administration, Department of Labor. ACTION: Notice. SUMMARY: The Department of Labor (the Department), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the reporting burden on the public and helps the public understand the Department’s information collection requirements and provide the requested data in the desired format. Currently, the Employee Benefits Security Administration is soliciting comments on the proposed extension of the information collection provisions of Prohibited Transaction Class Exemption (PTE) 88–59. A copy of the information collection request (ICR) may be obtained by contacting the office listed in the ADDRESSES section of this notice or at http://www.RegInfo.gov. DATES: Written comments must be submitted on or before March 1, 2010. ADDRESSES: Direct all written comments 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 PTE 88–59 provides an exemption from certain prohibited transaction provisions of the Employment Retirement Income Security Act of 1974 (ERISA) and from certain taxes imposed by the Internal Revenue Code of 1986 (Code) for transactions in which an employee benefit plan provides mortgage financing to purchasers of residential dwelling units, provided specified conditions are met. Among other conditions, PTE 88–59 requires E:\FR\FM\31DEN1.SGM 31DEN1 69364 Federal Register / Vol. 74, No. 250 / Thursday, December 31, 2009 / Notices that adequate records pertaining to exempted transactions be maintained for the duration of the pertinent loan. This recordkeeping requirement constitutes an information collection within the meaning of the PRA, for which the Department has obtained approval from the Office of Management and Budget (OMB) under OMB Control No. 1210–0095. The OMB approval is currently scheduled to expire on April 30, 2010. II. Current Actions This notice requests public comment pertaining to the Department’s request for extension of OMB approval of the information collection contained in PTE 88–59. After considering comments received in response to this notice, the Department intends to submit an ICR to OMB for continuing approval of the information collection contained in PTE 88–59. No change to the existing ICR is proposed or made at this time. An agency may not conduct or sponsor, and a person is not required to respond to, an information collection unless it displays a valid OMB control number. A summary of the ICR and the current burden estimates follows: Agency: Employee Benefits Security Administration, Department of Labor. Title: Prohibited Transaction Class Exemption 88–59; Residential Mortgage Financing Arrangements. Type of Review: Extension of a currently approved collection of information. OMB Number: 1210–0095. Affected Public: Business or other forprofit; Not-for-profit institutions. Respondents: 1,785. Responses: 1,785. Estimated Total Burden Hours: 744. erowe on DSK5CLS3C1PROD with NOTICES III. Focus of Comments 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 VerDate Nov<24>2008 15:06 Dec 30, 2009 Jkt 220001 technological collection techniques or other forms of information technology, e.g., by permitting electronic submissions of responses. Comments submitted in response to this notice will be summarized and/or included in the ICR for OMB approval of the extension of the information collection; they will also become a matter of public record. Dated: December 24, 2009. Joseph A. Piacentini, Director, Office of Policy and Research, Employee Benefits Security Administration. [FR Doc. E9–30997 Filed 12–30–09; 8:45 am] BILLING CODE 4510–29–P DEPARTMENT OF LABOR Employee Benefits Security Administration Proposed Extension of Information Collection; Comment Request; HDCI 2 Survey of Group Health Plans ACTION: Notice. SUMMARY: The Department of Labor (the Department), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed and continuing collections of information. This program helps the Department assess the impact of its information collection requirements and minimize the reporting burden on the public and helps the public understand the Department’s information collection requirements and provide the requested data in the desired format. Currently, the Employee Benefits Security Administration is soliciting comments on a proposed extension of an information collection entitled the Health Disclosure and Claims Issues Project Survey (HDCI 2 Survey). A copy of the information collection request (ICR) can be obtained by contacting the office listed below in the ADDRESSES section of this notice. DATES: Written comments must be submitted on or before March 1, 2010. ADDRESSES: Direct all written comments to G. Christopher Cosby, Office of Policy and Research, Employee Benefits Security Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N–5716, 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: PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 I. Background In 1999, the Department conducted a pilot project under which approximately 200 group health plans were investigated for compliance with Part 7 of the Employee Retirement Income Security Act of 1974 (ERISA). In 2001, the Department initiated the Health Disclosure and Claims Issues: Fiscal Year 2001 Compliance Project, which sought to increase compliance through investigations and improve the Department’s ability to provide effective compliance assistance by assessing more comprehensively the extent and nature of compliance with Part 7 of ERISA among group health plans. As a result of that project, the Department broadened its compliance assistance efforts through a combination of publications, outreach, self-audit materials, and other compliance tools. As a follow-up to the Fiscal Year 2001 Compliance Project, the Department proposed to conduct a second project, the HDCI 2 Survey, which was intended to measure changes in compliance with Part 7 of ERISA and to improve the effectiveness of future compliance assistance efforts. As part of the HDCI 2 Survey, the Department proposed to conduct a narrow scope telephone survey for the sole purpose of identifying an appropriate sample of ERISA-covered single-employer group health plans in two categories: (1) Plans sponsored by firms with 3–99 employees, and (2) plans sponsored by firms with 100 or more employees. OMB approved the HDCI 2 Survey on April 27, 2007, under OMB Control Number 1210–0129, which currently is scheduled to expire on April 30, 2010. II. Current Actions This notice requests comments on an extension of OMB’s approval of the information collections included in the HDCI 2 Survey. 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. Title: HDCI 2 Survey of Group Health Plans. OMB Number: 1210–0129. Affected Public: Business or other forprofit; not-for-profit organizations. Total Respondents: 5,000. Total Responses: 5,000. Frequency: Once. Average Time per Response: 5 minutes. E:\FR\FM\31DEN1.SGM 31DEN1

Agencies

[Federal Register Volume 74, Number 250 (Thursday, December 31, 2009)]
[Notices]
[Pages 69363-69364]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30997]


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DEPARTMENT OF LABOR

Employee Benefits Security Administration


Proposed Extension of Information Collection; Comment Request; 
Prohibited Transaction Class Exemption 88-59, Residential Mortgage 
Financing Arrangements

AGENCY: Employee Benefits Security Administration, Department of Labor.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Labor (the Department), in accordance with 
the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), 
provides the general public and Federal agencies with an opportunity to 
comment on proposed and continuing collections of information. This 
helps the Department assess the impact of its information collection 
requirements and minimize the reporting burden on the public and helps 
the public understand the Department's information collection 
requirements and provide the requested data in the desired format. 
Currently, the Employee Benefits Security Administration is soliciting 
comments on the proposed extension of the information collection 
provisions of Prohibited Transaction Class Exemption (PTE) 88-59. A 
copy of the information collection request (ICR) may be obtained by 
contacting the office listed in the ADDRESSES section of this notice or 
at http://www.RegInfo.gov.

DATES: Written comments must be submitted on or before March 1, 2010.

ADDRESSES: Direct all written comments 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

    PTE 88-59 provides an exemption from certain prohibited transaction 
provisions of the Employment Retirement Income Security Act of 1974 
(ERISA) and from certain taxes imposed by the Internal Revenue Code of 
1986 (Code) for transactions in which an employee benefit plan provides 
mortgage financing to purchasers of residential dwelling units, 
provided specified conditions are met. Among other conditions, PTE 88-
59 requires

[[Page 69364]]

that adequate records pertaining to exempted transactions be maintained 
for the duration of the pertinent loan. This recordkeeping requirement 
constitutes an information collection within the meaning of the PRA, 
for which the Department has obtained approval from the Office of 
Management and Budget (OMB) under OMB Control No. 1210-0095. The OMB 
approval is currently scheduled to expire on April 30, 2010.

II. Current Actions

    This notice requests public comment pertaining to the Department's 
request for extension of OMB approval of the information collection 
contained in PTE 88-59. After considering comments received in response 
to this notice, the Department intends to submit an ICR to OMB for 
continuing approval of the information collection contained in PTE 88-
59. No change to the existing ICR is proposed or made at this time. An 
agency may not conduct or sponsor, and a person is not required to 
respond to, an information collection unless it displays a valid OMB 
control number. A summary of the ICR and the current burden estimates 
follows:
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Prohibited Transaction Class Exemption 88-59; Residential 
Mortgage Financing Arrangements.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0095.
    Affected Public: Business or other for-profit; Not-for-profit 
institutions.
    Respondents: 1,785.
    Responses: 1,785.
    Estimated Total Burden Hours: 744.

III. Focus of Comments

    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., by 
permitting electronic submissions of responses.
    Comments submitted in response to this notice will be summarized 
and/or included in the ICR for OMB approval of the extension of the 
information collection; they will also become a matter of public 
record.

    Dated: December 24, 2009.
Joseph A. Piacentini,
Director, Office of Policy and Research, Employee Benefits Security 
Administration.
[FR Doc. E9-30997 Filed 12-30-09; 8:45 am]
BILLING CODE 4510-29-P