Agency Information Collection Activities; Submission for OMB Review; Comment Request; Extension of Employee Retirement Income Security Act Prohibited Transaction Exemption 98-54 Relating to Certain Employee Benefit Plan Foreign Exchange Transactions Executed Pursuant to Standing Instructions, 20372-20373 [2011-8618]

Download as PDF 20372 Federal Register / Vol. 76, No. 70 / Tuesday, April 12, 2011 / Notices performance of its obligations under the proposed Amendment to Consent Decree, Westchester will establish a trust for the benefit of EPA, and maintain a trust balance that is equal to its outstanding liability relating to the Site. The Department of Justice will receive comments relating to the Consent Decree for a period of thirty (30) days from the date of this publication. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to United States v. City of Waukegan, et. al., DJ # 90–11–3–07051. The Consent Decree may be examined at the Office of the United States Attorney, Northern District of Illinois, 219 South Dearborn St., Chicago, Illinois 60604, and at U.S. EPA Region 5, 77 W. Jackson Blvd., Chicago, IL 60604. During the public comment period, the Consent Decree may also be examined on the following Department of Justice Web site, https:// www.usdoj.gov/enrd/Consent _Decrees.html. A copy of the Consent Decrees may also be obtained by mail from the Consent Decree Library, U.S. Department of Justice, P.O. Box 7611, Washington, DC 20044–7611 or by faxing or e-mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax number (202) 514–0097, phone confirmation number (202) 514–1547. In requesting a copy of the Consent Decree from the Consent Decree Library, please enclose a check in the amount of $8.50 (25 cents per page reproduction cost) payable to the U.S. Treasury or, if by email or fax, forward a check in that amount to the Consent Decree Library at the stated address. Maureen M. Katz, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division, United States Department of Justice. [FR Doc. 2011–8709 Filed 4–11–11; 8:45 am] BILLING CODE 4410–15–P srobinson on DSKHWCL6B1PROD with NOTICES DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree and Settlement Agreement Regarding Natural Resource Damage Claims Between the Debtors, the United States of America, the State of Indiana, the State of New York, and the St. Regis Mohawk Tribe Notice is hereby given that on March 31, 2011, a proposed Consent Decree VerDate Mar<15>2010 18:00 Apr 11, 2011 Jkt 223001 and Settlement Agreement (the ‘‘NRD Settlement Agreement’’) in the bankruptcy matter, Motors Liquidation Corp, et al., f/k/a General Motors Corp., et al., Jointly Administered Case No. 09–50026 (REG), was lodged with the United States Bankruptcy Court for the Southern District of New York. The Parties to the NRD Settlement Agreement are debtors Motors Liquidation Corporation, formerly known as General Motors Corporation, Remediation and Liability Management Company, Inc., and Environmental Corporate Remediation Company, Inc. (collectively, ‘‘Old GM’’); the United States of America; the State of Indiana; the State of New York; and the St. Regis Mohawk Tribe. The NRD Settlement Agreement resolves claims for natural resource damages and assessment costs of the United States Department of the Interior (‘‘DOI’’) and National Oceanic and Atmospheric Administration (‘‘NOAA’’), the State of Indiana, the State of New York, and the St. Regis Mohawk Tribe against Old GM under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (‘‘CERCLA’’), 42 U.S.C. 9601–9675, with respect to the following sites: 1. The Kin-Buc Landfill Superfund Site in New Jersey; 2. The National Lead Industries Superfund Site in New Jersey; 3. The Diamond Alkali Superfund Site in New Jersey; 4. The General Motors Bedford Site in Indiana; and 5. The Central Foundry Division a/k/a Massena Superfund Site in New York. Under the NRD Settlement Agreement, the claimants will have allowed general unsecured claims in the combined total amount of $11,571,413, in specified sub-amounts as to each site. The Department of Justice will receive, for a period of thirty days from the date of this publication, comments relating to the NRD Settlement Agreement. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to In re Motors Liquidation Corp., et al., D.J. Ref. 90–11–3–09754. The NRD Settlement Agreement may be examined at the following locations: Office of the United States Attorney, 86 Chambers Street, 3rd Floor, New York, New York 10007; Environmental Contaminants/Federal Activities, U.S. Fish and Wildlife Service, 3817 Luker Road, Cortland, New York 13045; U.S. PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 Fish and Wildlife Service, 620 S. Walker St., Bloomington, Indiana 47403; and National Oceanic and Atmospheric Administration, 290 Broadway, Suite 1831, New York, NY 10007. During the public comment period, the NRD Settlement Agreement may also be examined on the following Department of Justice Web site, https:// www.usdoj.gov/enrd/ Consent_Decrees.html. Copies of the NRD Settlement Agreement may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611 or by faxing or e-mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax no. (202) 514–0097, phone confirmation number (202) 514–1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $7.00 (25 cents per page reproduction cost) payable to the U.S. Treasury or, if by e-mail or fax, please forward a check in that amount to the Consent Decree Library at the stated address. Maureen Katz, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2011–8619 Filed 4–11–11; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF LABOR Office of the Secretary Agency Information Collection Activities; Submission for OMB Review; Comment Request; Extension of Employee Retirement Income Security Act Prohibited Transaction Exemption 98–54 Relating to Certain Employee Benefit Plan Foreign Exchange Transactions Executed Pursuant to Standing Instructions ACTION: Notice. The Department of Labor (DOL) is submitting the Employee Benefits Security Administration sponsored information collection request (ICR) titled, ‘‘Prohibited Transaction Exemption 98–54 Relating to Certain Employee Benefit Plan Foreign Exchange Transactions Executed Pursuant to Standing Instructions,’’ to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104–13, 44 U.S.C. chapter 35). DATES: Submit comments on or before May 12, 2011. SUMMARY: E:\FR\FM\12APN1.SGM 12APN1 Federal Register / Vol. 76, No. 70 / Tuesday, April 12, 2011 / Notices A copy of this ICR, with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained from the RegInfo.gov Web site, https://www.reginfo.gov/ public/do/PRAMain, on the day following publication of this notice or by contacting Michel Smyth by telephone at 202–693–4129 (this is not a toll-free number) or sending an e-mail to DOL_PRA_PUBLIC@dol.gov. Submit comments about this request to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the Department of Labor Employee Benefits Security Administration (EBSA), Office of Management and Budget, Room 10235, Washington, DC 20503, Telephone: 202–395–6929/Fax: 202–395–6881 (these are not toll-free numbers), e-mail: OIRA_submission@omb.eop.gov. FOR FURTHER INFORMATION CONTACT: Contact Michel Smyth by telephone at 202–693–4129 (this is not a toll-free number) or by e-mail at DOL_PRA_PUBLIC@dol.gov. SUPPLEMENTARY INFORMATION: Prohibited Transaction Exemption 98–54 permits certain foreign exchange transactions between employee benefit plans and certain banks and broker-dealers that are parties in interest with respect to such plans. In order that such transactions will be consistent with the requirements of Employee Retirement Income Security Act section 408(a), 29 U.S.C. 110/(a), the exemption imposes the following conditions at the time the foreign exchange transaction is entered into: (a) The terms of the transaction must not be less favorable that those available in comparable arm’s-length transactions between unrelated parties or those afforded by the bank or the broker-dealer in comparable arm’slength transactions involving unrelated parties; (b) neither the bank nor the broker-dealer has any discretionary authority with respect to the investment of the assets involved in the transaction; (c) the bank or broker-dealer maintains at all times written policies and procedures regarding the handling of foreign exchange transactions for plans for which it is a party in interest which ensure that the party acting for the bank or the broker-dealer knows it is dealing with a plan; (d) the transactions are performed in accordance with a written authorization executed in advance by an independent fiduciary of the plan whose assets are involved in the transaction and who is independent of the bank or broker-dealer engaging in the covered transaction; (e) transactions srobinson on DSKHWCL6B1PROD with NOTICES ADDRESSES: VerDate Mar<15>2010 18:00 Apr 11, 2011 Jkt 223001 are executed within one business day of receipt of funds; (f) the bank or the broker-dealer at least once a day at a time specified in written procedures establishes a rate or range of rates of exchange to be used for the transactions covered by this exemption, and executes transactions at either the next scheduled time or no later than 24 hours after receipt of notice of receipt of funds; (g) prior to execution of a transaction, the bank or the broker-dealer provides the authorizing fiduciary with a copy of its written policies and procedures for foreign exchange transactions involving income item conversions and de minimis purchase and sale transactions; (h) the bank or the broker-dealer furnishes the authorizing fiduciary a written confirmation statement with respect to each covered transaction within 5 days of execution; (i) the bank or the broker-dealer maintains records necessary for plan fiduciaries, participants, and the DOL and Internal Revenue Service to determine whether the conditions of the exemption have been met for a period of six years from the date of execution of a transaction. See 63 FR 63503. This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless it is approved by the OMB under the PRA and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information if the collection of information does not display a valid OMB control number. See 5 CFR 1320.5(a) and 1320.6. The DOL obtains OMB approval for this information collection under OMB Control Number 1210–0111. The current OMB approval is scheduled to expire on April 30, 2011; however, it should be noted that information collections submitted to the OMB receive a monthto-month extension while they undergo review. For additional information, see the related notice published in the Federal Register on November 10, 2010 (75 FR 69130). Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the ADDRESSES section within 30 days of publication of this notice in the Federal Register. In order to ensure appropriate consideration, comments should reference OMB Control Number 1210– 0111. The OMB is particularly interested in comments that: PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 20373 • 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: Employee Benefits Security Administration (EBSA). Title of Collection: Prohibited Transaction Exemption 98–54 Relating to Certain Employee Benefit Plan Foreign Exchange Transactions Executed Pursuant to Standing Instructions. OMB Control Number: 1210–0111. Affected Public: Private sector— Businesses or other for profits. Total Estimated Number of Respondents: 35. Total Estimated Number of Responses: 420,000. Total Estimated Annual Burden Hours: 4200. Total Estimated Annual Costs Burden: $0. Dated: April 5, 2011. Michel Smyth, Departmental Clearance Officer. [FR Doc. 2011–8618 Filed 4–11–11; 8:45 am] BILLING CODE 4510–29–P LIBRARY OF CONGRESS Copyright Office [Docket No. RM 2010–10] Section 302 Report Copyright Office, Library of Congress. ACTION: Notice of inquiry: Extension of comments and reply comments period. AGENCY: In Section 302 of the Satellite Television Extension and Localism Act (‘‘STELA’’), Congress directed the Copyright Office (‘‘Office’’) to prepare a report addressing possible mechanisms, methods, and recommendations for phasing out the statutory licensing SUMMARY: E:\FR\FM\12APN1.SGM 12APN1

Agencies

[Federal Register Volume 76, Number 70 (Tuesday, April 12, 2011)]
[Notices]
[Pages 20372-20373]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-8618]


=======================================================================
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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Extension of Employee Retirement Income 
Security Act Prohibited Transaction Exemption 98-54 Relating to Certain 
Employee Benefit Plan Foreign Exchange Transactions Executed Pursuant 
to Standing Instructions

ACTION: Notice.

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

SUMMARY: The Department of Labor (DOL) is submitting the Employee 
Benefits Security Administration sponsored information collection 
request (ICR) titled, ``Prohibited Transaction Exemption 98-54 Relating 
to Certain Employee Benefit Plan Foreign Exchange Transactions Executed 
Pursuant to Standing Instructions,'' to the Office of Management and 
Budget (OMB) for review and approval for continued use in accordance 
with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. 
chapter 35).

DATES: Submit comments on or before May 12, 2011.

[[Page 20373]]


ADDRESSES: A copy of this ICR, with applicable supporting 
documentation; including a description of the likely respondents, 
proposed frequency of response, and estimated total burden may be 
obtained from the RegInfo.gov Web site, https://www.reginfo.gov/public/do/PRAMain, on the day following publication of this notice or by 
contacting Michel Smyth by telephone at 202-693-4129 (this is not a 
toll-free number) or sending an e-mail to DOL_PRA_PUBLIC@dol.gov.
    Submit comments about this request to the Office of Information and 
Regulatory Affairs, Attn: OMB Desk Officer for the Department of Labor 
Employee Benefits Security Administration (EBSA), Office of Management 
and Budget, Room 10235, Washington, DC 20503, Telephone: 202-395-6929/
Fax: 202-395-6881 (these are not toll-free numbers), e-mail: OIRA_submission@omb.eop.gov.

FOR FURTHER INFORMATION CONTACT: Contact Michel Smyth by telephone at 
202-693-4129 (this is not a toll-free number) or by e-mail at DOL_PRA_PUBLIC@dol.gov.

SUPPLEMENTARY INFORMATION: Prohibited Transaction Exemption 98-54 
permits certain foreign exchange transactions between employee benefit 
plans and certain banks and broker-dealers that are parties in interest 
with respect to such plans. In order that such transactions will be 
consistent with the requirements of Employee Retirement Income Security 
Act section 408(a), 29 U.S.C. 110/(a), the exemption imposes the 
following conditions at the time the foreign exchange transaction is 
entered into: (a) The terms of the transaction must not be less 
favorable that those available in comparable arm's-length transactions 
between unrelated parties or those afforded by the bank or the broker-
dealer in comparable arm's-length transactions involving unrelated 
parties; (b) neither the bank nor the broker-dealer has any 
discretionary authority with respect to the investment of the assets 
involved in the transaction; (c) the bank or broker-dealer maintains at 
all times written policies and procedures regarding the handling of 
foreign exchange transactions for plans for which it is a party in 
interest which ensure that the party acting for the bank or the broker-
dealer knows it is dealing with a plan; (d) the transactions are 
performed in accordance with a written authorization executed in 
advance by an independent fiduciary of the plan whose assets are 
involved in the transaction and who is independent of the bank or 
broker-dealer engaging in the covered transaction; (e) transactions are 
executed within one business day of receipt of funds; (f) the bank or 
the broker-dealer at least once a day at a time specified in written 
procedures establishes a rate or range of rates of exchange to be used 
for the transactions covered by this exemption, and executes 
transactions at either the next scheduled time or no later than 24 
hours after receipt of notice of receipt of funds; (g) prior to 
execution of a transaction, the bank or the broker-dealer provides the 
authorizing fiduciary with a copy of its written policies and 
procedures for foreign exchange transactions involving income item 
conversions and de minimis purchase and sale transactions; (h) the bank 
or the broker-dealer furnishes the authorizing fiduciary a written 
confirmation statement with respect to each covered transaction within 
5 days of execution; (i) the bank or the broker-dealer maintains 
records necessary for plan fiduciaries, participants, and the DOL and 
Internal Revenue Service to determine whether the conditions of the 
exemption have been met for a period of six years from the date of 
execution of a transaction. See 63 FR 63503.
    This information collection is subject to the PRA. A Federal agency 
generally cannot conduct or sponsor a collection of information, and 
the public is generally not required to respond to an information 
collection, unless it is approved by the OMB under the PRA and displays 
a currently valid OMB Control Number. In addition, notwithstanding any 
other provisions of law, no person shall generally be subject to 
penalty for failing to comply with a collection of information if the 
collection of information does not display a valid OMB control number. 
See 5 CFR 1320.5(a) and 1320.6. The DOL obtains OMB approval for this 
information collection under OMB Control Number 1210-0111. The current 
OMB approval is scheduled to expire on April 30, 2011; however, it 
should be noted that information collections submitted to the OMB 
receive a month-to-month extension while they undergo review. For 
additional information, see the related notice published in the Federal 
Register on November 10, 2010 (75 FR 69130).
    Interested parties are encouraged to send comments to the OMB, 
Office of Information and Regulatory Affairs at the address shown in 
the ADDRESSES section within 30 days of publication of this notice in 
the Federal Register. In order to ensure appropriate consideration, 
comments should reference OMB Control Number 1210-0111. The OMB 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 submission of responses.
    Agency: Employee Benefits Security Administration (EBSA).
    Title of Collection: Prohibited Transaction Exemption 98-54 
Relating to Certain Employee Benefit Plan Foreign Exchange Transactions 
Executed Pursuant to Standing Instructions.
    OMB Control Number: 1210-0111.
    Affected Public: Private sector--Businesses or other for profits.
    Total Estimated Number of Respondents: 35.
    Total Estimated Number of Responses: 420,000.
    Total Estimated Annual Burden Hours: 4200.
    Total Estimated Annual Costs Burden: $0.

    Dated: April 5, 2011.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2011-8618 Filed 4-11-11; 8:45 am]
BILLING CODE 4510-29-P
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