Proposed Extension of Information Collection Request Submitted for Public Comment and Recommendations; Alternative Method of Compliance for Certain SEPs pursuant to 29 CFR 2520.104-49, 22728-22729 [2011-9837]

Download as PDF mstockstill on DSKH9S0YB1PROD with NOTICES 22728 Federal Register / Vol. 76, No. 78 / Friday, April 22, 2011 / Notices context of a portfolio license. Please include in the discussion, how these factors, criteria, and evidence may vary depending on the industry in question and complainant’s relative size. (8) Please comment on the significance of whether and to what extent the complainant receives royalties under the license agreement or acquires other rights or benefits as a result of a portfolio license in assessing whether the complainant’s licensing expenses and activities constitute a ‘‘substantial investment in [the asserted patent’s] exploitation.’’ (9) Please comment on the significance of whether and to what extent a complainant engages in ancillary exploitation activities that frequently accompany licensing efforts, such as development, engineering, or servicing of licensed articles, in assessing whether a complainant has made a ‘‘substantial investment in [the asserted patent’s] exploitation’’ through licensing. (10) For the parties to the investigation only: a. Please cite and discuss the specific evidence of record in this investigation supporting your position as to each of the above questions. b. Assuming the licensing efforts of complainant Pioneer and Discovision Associaties are viewed together, to what extent did the expenses in licensing Pioneer’s navigation portfolio (before Pioneer retained outside counsel) represent Pioneer’s investment in licensing the asserted patents? Please support your response with citations to the record. c. Please comment on the weight that should be given to documents concerning complainant’s licensing activities and expenses from which information has been redacted. Please discuss the significance, vel non, of the content of the redacted documents to the complainant’s licensing activities and investments in view of such redactions. Parties to the investigation and members of the public are invited to file written submissions addressing the questions set forth above regarding the domestic industry requirement of section 337(a)(3)(C). Opening submissions of the parties to the investigation are due no later than May 3, 2011. A public version of these submissions must be filed with the Secretary no later than May 10, 2011. Reply submissions of the parties to the investigation are due no later than May 17, 2011. Written submissions from members of the public will be accepted anytime on or before May 17, 2011. No further submissions on these issues will VerDate Mar<15>2010 16:01 Apr 21, 2011 Jkt 223001 be permitted unless otherwise ordered by the Commission. Persons filing written submissions must file the original document and 12 true copies thereof on or before the deadlines stated above with the Office of the Secretary. Any person desiring to submit a document to the Commission in confidence must request confidential treatment unless the information has already been granted such treatment during the proceedings. All such requests should be directed to the Secretary of the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 210.6. Documents for which confidential treatment by the Commission is sought will be treated accordingly. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in sections 210.42–50 of the Commission’s Rules of Practice and Procedure (19 CFR 210.42–50). By order of the Commission. Issued: April 18, 2011. James R. Holbein, Acting Secretary to the Commission. [FR Doc. 2011–9784 Filed 4–21–11; 8:45 am] BILLING CODE P DEPARTMENT OF LABOR Employee Benefits Security Administration Proposed Extension of Information Collection Request Submitted for Public Comment and Recommendations; Alternative Method of Compliance for Certain SEPs pursuant to 29 CFR 2520.104–49 Employee Benefits Security Administration, Department of Labor. ACTION: Notice. AGENCY: 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 SUMMARY: PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 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 on the proposed extension of the collection of information included in the alternative method of compliance for certain simplified employee pensions regulation (29 CFR 2520.104– 49). A copy of the information collection request (ICR) can be obtained by contacting the individual shown in the Addresses section of this notice or at http://www.RegInfo.gov. DATES: Written comments must be submitted to the office shown in the Addresses section on or before June 21, 2011. ADDRESSES: G. Christopher Cosby, Department of Labor, Employee Benefits Security Administration, 200 Constitution Avenue, NW., Washington, DC 20210, (202) 693–8410, FAX (202) 693–4745 (these are not toll-free numbers). SUPPLEMENTARY INFORMATION: I. Background Section 110 of the Employment Retirement Income Security Act (ERISA) authorizes the Secretary to prescribe alternative methods of compliance with the reporting and disclosure requirements of Title I of ERISA for pension plans. Simplified employee pensions (SEPs) are established in section 408(k) of the Internal Revenue Code (Code). Although SEPs are primarily a development of the Code and subject to its requirements, SEPs are also pension plans subject to the reporting and disclosure requirements of Title I of ERISA. The Department previously issued a regulation under the authority of section 110 of ERISA (29 CFR 2520.104–49) that intended to relieve sponsors of certain SEPs from ERISA’s Title I reporting and disclosure requirements by prescribing an alternative method of compliance. These SEPs are, for purposes of this Notice, referred to as ‘‘non-model’’ SEPs because they exclude (1) those SEPs which are created through use of Internal Revenue Service (IRS) Form 5305–SEP, and (2) those SEPs in which the employer limits or influences the employees’ choice to IRAs into which employers’ contributions will be made and on which participant withdrawals are prohibited. The disclosure requirements in this regulation were developed in conjunction with the Internal Revenue Service (IRS Notice E:\FR\FM\22APN1.SGM 22APN1 Federal Register / Vol. 76, No. 78 / Friday, April 22, 2011 / Notices 81–1). Accordingly, sponsors of ‘‘nonmodel’’ SEPs that satisfy the limited disclosure requirements of the regulation are relieved from otherwise applicable reporting and disclosure requirements under Title I of ERISA, including the requirements to file annual reports (Form 5500 Series) with the Department, and to furnish summary plan descriptions and summary annual reports to participants and beneficiaries. This ICR includes four separate disclosure requirements. First, at the time an employee becomes eligible to participate in the SEP, the administrator of the SEP must furnish the employee in writing specific and general information concerning the SEP; a statement on rates, transfers and withdrawals; and a statement on tax treatment. Second, the administrator of the SEP must furnish participants with information concerning any amendments. Third, the administrator must notify participants of any employer contributions made to the IRA. Fourth, in the case of a SEP that provides integration with Social Security, the administrator shall provide participants with statement on Social Security taxes and the integration formula used by the employer. mstockstill on DSKH9S0YB1PROD with NOTICES II. Review Focus 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., permitting electronic submissions of responses. III. Current Actions The Office of Management and Budget’s (OMB) approval of this ICR will expire on July 31, 2011. 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 VerDate Mar<15>2010 16:01 Apr 21, 2011 Jkt 223001 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 approval of the information collection; they also will become a matter of public record. Agency: Employee Benefits Security Administration, Department of Labor. Title: Alternative Method of Compliance for Certain SEPs pursuant to 29 CFR 2520.104–49. Type of Review: Extension of a currently approved collection of information. OMB Number: 1210–0034. Affected Public: Individuals or households; Business or other for-profit; Not-for-profit institutions. Respondents: 460. Responses: 103,590. Frequency of Response: On occasion. Average Response Time: 35 minutes. Estimated Total Burden Hours: 21,227. Total Burden Cost (operating/ maintenance): $31,297. Dated: April 18, 2011. Joseph S. Piacentini, Director, Office of Policy and Research, Employee Benefits Security Administration. 22729 a certification of eligibility to apply for adjustment assistance was issued for all workers of Chrysler LLC, Mack Avenue Engine Plants 1 & 2, Power Train Division, Detroit, Michigan, separated from employment on or after October 30, 2007 through December 4, 2010. The notice was published in the Federal Register on December 18, 2008 (73 FR 77067). In order to avoid an overlap in worker group coverage, the Department is amending the December 16, 2009 impact date established for TA–W–75,023, to read December 5, 2010. The amended notice applicable to TA–W–75,023 is hereby issued as follows: All workers of Chrysler Group, LLC, Power Train Division, Mack Avenue Engine Plant #1, including on-site leased workers of Caravan Knight, Detroit, Michigan, who became totally or partially separated from employment on or after December 5, 2010, through April 6, 2013, and all workers in the group threatened with total or partial separation from employment on date of certification through two years from the date of certification, are eligible to apply for adjustment assistance under Chapter 2 of Title II of the Trade Act of 1974, as amended. BILLING CODE 4510–29–P Signed in Washington, DC, this 12th day of April 2011. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. DEPARTMENT OF LABOR [FR Doc. 2011–9840 Filed 4–21–11; 8:45 am] [FR Doc. 2011–9837 Filed 4–21–11; 8:45 am] BILLING CODE 4510–FN–P Employment and Training Administration [TA–W–75,023] DEPARTMENT OF LABOR Chrysler Group, LLC, Power Train Division, Mack Avenue Engine Plant #1, Including On-Site Leased Workers From Caravan Knight, Detroit, MI; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance Employment and Training Administration In accordance with Section 223 of the Trade Act of 1974, as amended (‘‘Act’’), 19 U.S.C. 2273, the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance on April 6, 2011, applicable to workers of Chrysler Group, LLC, Power Train Division, Mack Avenue Engine Plant #1, including on-site leased workers of Caravan Knight, Detroit, Michigan. The workers are engaged in the production of automotive engines. The notice will be published soon in the Federal Register. At the request of the State Agency, the Department reviewed the certification for workers of the subject firm. The review shows that on December 4, 2008, PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 [TA–W–74,336] Polaris Industries, Including On-Site Leased Workers From Westaff, Supply Technologies, Aerotek, Securitas Security Services, and Volt Workforce Solutions, Osceola, WI; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974, as amended (‘‘Act’’), 19 U.S.C. 2273, the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance on August 26, 2010, applicable to workers of Polaris Industries, including on-site leased workers from Westaff, Osceola, Wisconsin. The workers are engaged in activities related to the production of components for recreational vehicles. The notice was published in the Federal E:\FR\FM\22APN1.SGM 22APN1

Agencies

[Federal Register Volume 76, Number 78 (Friday, April 22, 2011)]
[Notices]
[Pages 22728-22729]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9837]


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DEPARTMENT OF LABOR

Employee Benefits Security Administration


Proposed Extension of Information Collection Request Submitted 
for Public Comment and Recommendations; Alternative Method of 
Compliance for Certain SEPs pursuant to 29 CFR 2520.104-49

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 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 on the proposed extension of the 
collection of information included in the alternative method of 
compliance for certain simplified employee pensions regulation (29 CFR 
2520.104-49).
    A copy of the information collection request (ICR) can be obtained 
by contacting the individual shown in the Addresses section of this 
notice or at http://www.RegInfo.gov.

DATES: Written comments must be submitted to the office shown in the 
Addresses section on or before June 21, 2011.

ADDRESSES: G. Christopher Cosby, Department of Labor, Employee Benefits 
Security Administration, 200 Constitution Avenue, NW., Washington, DC 
20210, (202) 693-8410, FAX (202) 693-4745 (these are not toll-free 
numbers).

SUPPLEMENTARY INFORMATION:

I. Background

    Section 110 of the Employment Retirement Income Security Act 
(ERISA) authorizes the Secretary to prescribe alternative methods of 
compliance with the reporting and disclosure requirements of Title I of 
ERISA for pension plans. Simplified employee pensions (SEPs) are 
established in section 408(k) of the Internal Revenue Code (Code). 
Although SEPs are primarily a development of the Code and subject to 
its requirements, SEPs are also pension plans subject to the reporting 
and disclosure requirements of Title I of ERISA.
    The Department previously issued a regulation under the authority 
of section 110 of ERISA (29 CFR 2520.104-49) that intended to relieve 
sponsors of certain SEPs from ERISA's Title I reporting and disclosure 
requirements by prescribing an alternative method of compliance. These 
SEPs are, for purposes of this Notice, referred to as ``non-model'' 
SEPs because they exclude (1) those SEPs which are created through use 
of Internal Revenue Service (IRS) Form 5305-SEP, and (2) those SEPs in 
which the employer limits or influences the employees' choice to IRAs 
into which employers' contributions will be made and on which 
participant withdrawals are prohibited. The disclosure requirements in 
this regulation were developed in conjunction with the Internal Revenue 
Service (IRS Notice

[[Page 22729]]

81-1). Accordingly, sponsors of ``non-model'' SEPs that satisfy the 
limited disclosure requirements of the regulation are relieved from 
otherwise applicable reporting and disclosure requirements under Title 
I of ERISA, including the requirements to file annual reports (Form 
5500 Series) with the Department, and to furnish summary plan 
descriptions and summary annual reports to participants and 
beneficiaries.
    This ICR includes four separate disclosure requirements. First, at 
the time an employee becomes eligible to participate in the SEP, the 
administrator of the SEP must furnish the employee in writing specific 
and general information concerning the SEP; a statement on rates, 
transfers and withdrawals; and a statement on tax treatment. Second, 
the administrator of the SEP must furnish participants with information 
concerning any amendments. Third, the administrator must notify 
participants of any employer contributions made to the IRA. Fourth, in 
the case of a SEP that provides integration with Social Security, the 
administrator shall provide participants with statement on Social 
Security taxes and the integration formula used by the employer.

II. Review Focus

    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., permitting 
electronic submissions of responses.

III. Current Actions

    The Office of Management and Budget's (OMB) approval of this ICR 
will expire on July 31, 2011. 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 approval of the information 
collection; they also will become a matter of public record.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Alternative Method of Compliance for Certain SEPs pursuant 
to 29 CFR 2520.104-49.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0034.
    Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
    Respondents: 460.
    Responses: 103,590.
    Frequency of Response: On occasion.
    Average Response Time: 35 minutes.
    Estimated Total Burden Hours: 21,227.
    Total Burden Cost (operating/maintenance): $31,297.

    Dated: April 18, 2011.
Joseph S. Piacentini,
Director, Office of Policy and Research, Employee Benefits Security 
Administration.
[FR Doc. 2011-9837 Filed 4-21-11; 8:45 am]
BILLING CODE 4510-29-P