Agency Information Collection Activities; Submission for OMB Review; Comment Request; Employee Retirement Income Security Act Prohibited Transaction Exemption 86-128, 60531-60532 [2011-25044]
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Federal Register / Vol. 76, No. 189 / Thursday, September 29, 2011 / Notices
DEPARTMENT OF JUSTICE
DEPARTMENT OF LABOR
Office of Justice Programs
Office of the Secretary
[OJP (NIJ) Docket No. 1569]
National Institute of Justice Interview
Room Recording Systems and License
Plate Readers Workshop
AGENCY:
National Institute of Justice.
ACTION:
Notice of the Interview Room
Recording Systems and License Plate
Readers Workshops.
ACTION:
The National Institute of
Justice (NIJ) and the International
Association of Chiefs of Police (IACP)
are hosting two workshops in
conjunction with the 118th Annual
IACP Conference in Chicago, Ill. The
focus of the workshops is the
development of NIJ performance
standards for Interview Room Recording
Systems and License Plate Readers used
by law enforcement agencies. Sessions
are intended to inform manufacturers,
test laboratories, certification bodies and
other interested parties of these
standards development efforts.
Attendees in each workshop will be
provided with an overview of the NIJ
standards development process, work to
date on the effort and a projected
timeline for completion.
Please access the following webpage
to register for the Interview Room Video
Systems workshop: https://
www.surveymonkey.com/s/
interviewroom_workshop_reg.
Please access the following webpage
to register for the License Plate Reader
workshop: https://
www.surveymonkey.com/s/
ALPR_workshop_reg.
Note: The meeting room capacity is limited
to 80 attendees per session and registration
will close once this limit is reached.
Both workshops will be held on
Saturday, Oct. 22, 2011. The session for
Interview Room Recording Systems will
take place from 8 to 9:30 a.m. The
License Plate Reader session will take
place from 10 to 11:30 a.m.
DATES:
The workshops will take
place at the Exchange Meeting Room of
the InterContinental Chicago, 505 N.
Michigan Ave., Chicago, IL 60611.
tkelley on DSKG8SOYB1PROD with NOTICES
ADDRESSES:
Ian
Hamilton at hamilton@theiacp.org.
John H. Laub,
Director, National Institute of Justice.
[FR Doc. 2011–25099 Filed 9–28–11; 8:45 am]
BILLING CODE 4410–18–P
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Jkt 223001
Notice.
The Department of Labor
(DOL) is submitting the Employee
Benefits Security Administration
sponsored information collection
request (ICR) titled, ‘‘Employee
Retirement Income Security Act
Prohibited Transaction Exemption 86–
128,’’ to the Office of Management and
Budget (OMB) for review and approval
for continued use in accordance with
the Paperwork Reduction Act (PRA) of
1995 (44 U.S.C. 3501 et seq.).
DATES: Submit comments on or before
October 31, 2011.
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, Office of Management
and Budget, Room 10235, Washington,
DC 20503, Telephone: 202–395–6929/
Fax: 202–395–6881 (these are not tollfree numbers), e-mail:
OIRA_submission@omb.eop.gov.
SUMMARY:
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Employee
Retirement Income Security Act
Prohibited Transaction Exemption 86–
128
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.
FOR FURTHER INFORMATION:
Prohibited
Transaction Class Exemption 86–128
permits persons who serve as fiduciaries
for employee benefit plans to effect or
execute securities transactions on behalf
of employee benefit plans. The
exemption also allows sponsors of
pooled separate accounts and other
pooled investment funds to use their
affiliates to effect or execute securities
transactions for such accounts in order
to recapture brokerage commissions for
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
60531
the benefit of employee benefit plans
whose assets are maintained in pooled
separate accounts managed by insurance
companies. This exemption provides
relief from certain prohibitions in
Employee Retirement Income Security
Act of 1974 (ERISA) section 406(b) and
from the taxes imposed by Internal
Revenue Code of 1986 (the Code)
section 4975(a) and (b) by reason of
Code section 4975(c)(1)(E) or (F).
In order to insure that the exemption
is not abused, that the rights of
participants and beneficiaries are
protected, and that the exemption’s
conditions are being complied with, the
class exemption imposes the following
information collection requirements on
fiduciaries of employee benefit plans
that effect or execute securities
transactions (broker-dealers) and the
independent plan fiduciary authorizing
the plan to engage in the transactions
with the broker-dealer (authorizing
fiduciary) under the conditions
contained in the exemption: (1) The
authorizing plan fiduciary must provide
the broker-dealer with an advance
written authorization for the
transactions; (2) the broker-dealer must
provide the authorizing fiduciary with
information necessary to determine
whether an authorization should be
made, including a copy of the
exemption, a form for termination, a
description of the broker-dealer’s
brokerage placement practices, and any
other reasonably available information
regarding the matter that the authorizing
fiduciary requests; (3) the broker-dealer
must provide the authorizing fiduciary
with an annual termination form, at
least annually, explaining that the
authorization is terminable at will,
without penalty to the plan, and that
failure to return the form will result in
continued authorization for the brokerdealer to engage in securities
transactions on behalf of the plan; (4)
the broker-dealer must provide the
authorizing fiduciary with either (a) a
conformation slip for each individual
securities transaction within 10 days of
the transaction containing the
information described in Rule 10b–
10(a)(1–7) under the Securities
Exchange Act of 1934, 17 CFR 240.10b–
10 or (b) a quarterly report containing
certain financial information including
the total of all transaction-related
charges incurred by the plan; (5) the
broker-dealer must provide the
authorizing fiduciary with an annual
summary of the confirmation slips or
quarterly reports, containing all security
transaction-related charges, the
brokerage placement practices, and a
portfolio turnover ratio; and (6) a
E:\FR\FM\29SEN1.SGM
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tkelley on DSKG8SOYB1PROD with NOTICES
60532
Federal Register / Vol. 76, No. 189 / Thursday, September 29, 2011 / Notices
broker-dealer who is a discretionary
plan trustee must provide the
authorizing fiduciary with an annual
report showing separately the
commissions paid to affiliated brokers
and non-affiliated brokers, on both a
total dollar basis and a cents-per-share
basis. These requirements are designed
as appropriate safeguards to ensure the
protection of the plan assets involved in
the transactions, which, in the absence
of the class exemption, would not be
permitted. These safeguards rely on the
prior authorization and monitoring of
the broker-fiduciary’s activities by a
second plan fiduciary that is
independent of the first.
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 1210–0059. The current
OMB approval is scheduled to expire on
September 30, 2011; however, it should
be noted that existing information
collection requirements 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 May 24, 2011 (76 FR 30199).
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 help ensure appropriate
consideration, comments should
reference OMB Control Number 1210–
0059. 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;
VerDate Mar<15>2010
15:29 Sep 28, 2011
Jkt 223001
• 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.
Title of Collection: Employee
Retirement Income Security Act
Prohibited Transaction Exemption 86–
128.
OMB Control Number: 1210–0059.
Affected Public: Private Sector—
Businesses or other for-profits and notfor-profit institutions.
Total Estimated Number of
Respondents: 27,900.
Total Estimated Number of
Responses: 1,199,880.
Total Estimated Annual Burden
Hours: 63,800.
Total Estimated Annual Other Costs
Burden: $736,800.
Dated: September 22, 2011.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2011–25044 Filed 9–28–11; 8:45 am]
BILLING CODE 4510–29–P
DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Miner’s
Claim for Benefits Under the Black
Lung Benefits Act and Employment
History
ACTION:
Notice.
The Department of Labor
(DOL) is submitting the Office of
Workers’ Compensation Programs
(OWCP) sponsored information
collection request (ICR) titled, ‘‘Miner’s
Claim for Benefits Under the Black Lung
Benefits Act and Employment History,’’
to the Office of Management and Budget
(OMB) for review and approval for
continued use in accordance with the
Paperwork Reduction Act (PRA) of 1995
(44 U.S.C. 3501 et seq.).
DATES: Submit comments on or before
October 31, 2011.
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
SUMMARY:
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
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,
Office of Workers’ Compensation
Programs (OWCP), 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
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.
The
Miner’s Claim for Benefits Under the
Black Lung Benefits Act Form (Form
CM–911) is the standard application
form filed by the miner for benefits
under the Black Lung Benefits Act. All
applicants, both miners and survivors,
complete the Employment History
(Form CM–911a) to list the coal miner’s
work history.
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 1240–0038. The current
OMB approval is scheduled to expire on
September 30, 2011; however, it should
be noted that existing information
collection requirements 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 May 3, 2011 (76 FR 24918).
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
SUPPLEMENTARY INFORMATION:
E:\FR\FM\29SEN1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 189 (Thursday, September 29, 2011)]
[Notices]
[Pages 60531-60532]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25044]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection Activities; Submission for OMB
Review; Comment Request; Employee Retirement Income Security Act
Prohibited Transaction Exemption 86-128
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor (DOL) is submitting the Employee
Benefits Security Administration sponsored information collection
request (ICR) titled, ``Employee Retirement Income Security Act
Prohibited Transaction Exemption 86-128,'' to the Office of Management
and Budget (OMB) for review and approval for continued use in
accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C.
3501 et seq.).
DATES: Submit comments on or before October 31, 2011.
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, 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 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 Class Exemption 86-
128 permits persons who serve as fiduciaries for employee benefit plans
to effect or execute securities transactions on behalf of employee
benefit plans. The exemption also allows sponsors of pooled separate
accounts and other pooled investment funds to use their affiliates to
effect or execute securities transactions for such accounts in order to
recapture brokerage commissions for the benefit of employee benefit
plans whose assets are maintained in pooled separate accounts managed
by insurance companies. This exemption provides relief from certain
prohibitions in Employee Retirement Income Security Act of 1974 (ERISA)
section 406(b) and from the taxes imposed by Internal Revenue Code of
1986 (the Code) section 4975(a) and (b) by reason of Code section
4975(c)(1)(E) or (F).
In order to insure that the exemption is not abused, that the
rights of participants and beneficiaries are protected, and that the
exemption's conditions are being complied with, the class exemption
imposes the following information collection requirements on
fiduciaries of employee benefit plans that effect or execute securities
transactions (broker-dealers) and the independent plan fiduciary
authorizing the plan to engage in the transactions with the broker-
dealer (authorizing fiduciary) under the conditions contained in the
exemption: (1) The authorizing plan fiduciary must provide the broker-
dealer with an advance written authorization for the transactions; (2)
the broker-dealer must provide the authorizing fiduciary with
information necessary to determine whether an authorization should be
made, including a copy of the exemption, a form for termination, a
description of the broker-dealer's brokerage placement practices, and
any other reasonably available information regarding the matter that
the authorizing fiduciary requests; (3) the broker-dealer must provide
the authorizing fiduciary with an annual termination form, at least
annually, explaining that the authorization is terminable at will,
without penalty to the plan, and that failure to return the form will
result in continued authorization for the broker-dealer to engage in
securities transactions on behalf of the plan; (4) the broker-dealer
must provide the authorizing fiduciary with either (a) a conformation
slip for each individual securities transaction within 10 days of the
transaction containing the information described in Rule 10b-10(a)(1-7)
under the Securities Exchange Act of 1934, 17 CFR 240.10b-10 or (b) a
quarterly report containing certain financial information including the
total of all transaction-related charges incurred by the plan; (5) the
broker-dealer must provide the authorizing fiduciary with an annual
summary of the confirmation slips or quarterly reports, containing all
security transaction-related charges, the brokerage placement
practices, and a portfolio turnover ratio; and (6) a
[[Page 60532]]
broker-dealer who is a discretionary plan trustee must provide the
authorizing fiduciary with an annual report showing separately the
commissions paid to affiliated brokers and non-affiliated brokers, on
both a total dollar basis and a cents-per-share basis. These
requirements are designed as appropriate safeguards to ensure the
protection of the plan assets involved in the transactions, which, in
the absence of the class exemption, would not be permitted. These
safeguards rely on the prior authorization and monitoring of the
broker-fiduciary's activities by a second plan fiduciary that is
independent of the first.
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 1210-0059. The current
OMB approval is scheduled to expire on September 30, 2011; however, it
should be noted that existing information collection requirements
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 May 24, 2011 (76 FR 30199).
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 help ensure appropriate
consideration, comments should reference OMB Control Number 1210-0059.
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.
Title of Collection: Employee Retirement Income Security Act
Prohibited Transaction Exemption 86-128.
OMB Control Number: 1210-0059.
Affected Public: Private Sector--Businesses or other for-profits
and not-for-profit institutions.
Total Estimated Number of Respondents: 27,900.
Total Estimated Number of Responses: 1,199,880.
Total Estimated Annual Burden Hours: 63,800.
Total Estimated Annual Other Costs Burden: $736,800.
Dated: September 22, 2011.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2011-25044 Filed 9-28-11; 8:45 am]
BILLING CODE 4510-29-P
