Proposed Extension of Information Collection Requests Submitted for Public Comment, 70828-70832 [2012-28464]

Download as PDF 70828 Federal Register / Vol. 77, No. 228 / Tuesday, November 27, 2012 / Notices Total Estimated Number of Responses: 184. Total Estimated Annual Burden Hours: 171. Total Estimated Annual Other Costs Burden: $104. Dated: November 20, 2012. Michel Smyth, Departmental Clearance Officer. [FR Doc. 2012–28687 Filed 11–26–12; 8:45 a.m.] BILLING CODE 4510–29–P DEPARTMENT OF LABOR Office of the Secretary Agency Information Collection Activities; Submission for OMB Review; Comment Request; DOL Generic Solution for Solicitations for Grant Applications ACTION: Notice. The Department of Labor (DOL) is submitting the information collection request (ICR) titled, ‘‘DOL Generic Solution for Solicitations for Grant Applications,’’ 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 December 27, 2012. 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, http://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 email to DOL_PRA_PUBLIC@dol.gov. Submit comments about this request to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-Departmental Management, Office of Management and Budget, Room 10235, 725 17th Street, NW., Washington, DC 20503, Fax: 202– 395–6881 (this is not a toll-free number), email: 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 email at DOL_PRA_PUBLIC@dol.gov. wreier-aviles on DSK5TPTVN1PROD with SUMMARY: Authority: 44 U.S.C. 3507(a)(1)(D). The DOL periodically solicits grant applications SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 15:05 Nov 26, 2012 Jkt 229001 by issuing a Solicitation for Grant Applications (SGA). To ensure grants are awarded to the applicant(s) best suited to perform the functions of the grant, applicants are generally required to submit a two-part application. The first part of DOL grant applications consists of submitting Standard Form 424, Application for Federal Assistance, which is approved by the OMB under Control Number 4040–0004. The second part of a grant application usually requires a technical proposal demonstrating the applicant’s capabilities, in accordance with a statement of work and/or selection criteria. This ICR is a generic solution for SGAs that extend information collection requirements beyond what is collected on currently approved standard forms. 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 Control Number. See 5 CFR 1320.5(a) and 1320.6. The DOL obtains OMB approval for this information collection under Control Number 1225–0086. The current approval is scheduled to expire on November 30, 2012; 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 November 10, 2012 (77 FR 55505). 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 mention OMB Control Number 1225– 0086. 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 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 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: DOL-Departmental Management. Title of Collection: DOL Generic Solution for Solicitations for Grant Applications. OMB Control Number: 1225–0086. Affected Public: Private Sector—notfor-profit institutions—and State, Local, and Tribal Governments. Total Estimated Number of Respondents: 7,500. Total Estimated Number of Responses: 7,500. Total Estimated Annual Burden Hours: 187,500. Total Estimated Annual Other Costs Burden: $0. Dated: September 20, 2012. Michel Smyth, Departmental Clearance Officer. [FR Doc. 2012–28686 Filed 11–26–12; 8:45 a.m.] BILLING CODE 4510–23–P DEPARTMENT OF LABOR Employee Benefits Security Administration Proposed Extension of Information Collection Requests Submitted for Public Comment Employee Benefits Security Administration, Department of Labor. ACTION: Notice. AGENCY: The Department of Labor (the Department), in accordance with the Paperwork Reduction Act of 1995 (PRA 95) (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 public’s reporting burden. It also helps the public understand the Department’s information collection requirements and provide the requested data in the desired format. The Employee Benefits Security Administration (EBSA) is soliciting SUMMARY: E:\FR\FM\27NON1.SGM 27NON1 wreier-aviles on DSK5TPTVN1PROD with Federal Register / Vol. 77, No. 228 / Tuesday, November 27, 2012 / Notices comments on the proposed extension of the information collection requests (ICRs) contained in the documents described below. A copy of the ICRs may be obtained by contacting the office listed in the ADDRESSES section of this notice. ICRs also are available at reginfo.gov (http://www.reginfo.gov/ public/do/PRAMain). DATES: Written comments must be submitted to the office shown in the Addresses section on or before January 28, 2013. 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: This notice requests public comment on the Department’s request for extension of the Office of Management and Budget’s (OMB) approval of ICRs contained in the rules and prohibited transaction exemptions described below. The Department is not proposing any changes to the existing ICRs 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 ICRs and the current burden estimates follows: Agency: Employee Benefits Security Administration, Department of Labor. Title: Notice of Medical Necessity Criteria under the Mental Health Parity and Addition Equity Act of 2008. Type of Review: Extension of a currently approved collection of information. OMB Number: 1210–0138. Affected Public: Individuals or households; Business or other for-profit; Not-for-profit institutions. Respondents: 446,400. Responses: 446,400. Estimated Total Burden Hours: 949. Estimated Total Burden Cost (Operating and Maintenance): $562,506. Description: MHPAEA includes disclosure provisions for group health plans and health insurance coverage offered in connection with a group health plan. The criteria for medical necessity determinations made under a group health plan with respect to mental health or substance use disorder benefits (or health insurance coverage offered in connection with the plan with respect to such benefits) must be made available in accordance with regulations by the plan administrator (or the health insurance issuer offering such coverage) to any current or potential participant, beneficiary, or contracting provider VerDate Mar<15>2010 15:05 Nov 26, 2012 Jkt 229001 upon request (‘‘medical necessity disclosure’’). The ICR contained in MHPAEA was approved by the Office of Management and Budget (OMB) under OMB Control No. 1210–0138, which currently is scheduled to expire on January 31, 2013. Agency: Employee Benefits Security Administration, Department of Labor. Title: PTE 2006–16 (Securities Lending by Employee Benefit Plans). Type of Review: Extension of a currently approved information collection. OMB Number: 1210–0065. Affected Public: Individuals or households; business or other for-profit institutions; not-for-profit institutions. Respondents: 100. Responses: 1,000. Estimated Total Burden Hours: 191. Estimated Total Burden Cost (Operating and Maintenance): $5,600. Description: This ICR covers information collections contained in PTE 2006–16. In 1981 and 1982, the Department issued two related prohibited transaction class exemptions, PTE 81–6 and PTE 82–63, that permit employee benefit plans to lend securities owned by the plans as investments to banks and broker-dealers and to make compensation arrangements for lending services provided by a plan fiduciary in connection with securities loans. In 2006, the Department promulgated PTE 2006–16, which combines and amends the exemptions previously provided under PTE 81–6 and PTE 82–63. The new exemption expands the categories of exempted transactions to include securities lending to foreign banks and broker-dealers that are domiciled in specified countries and to allow the use of additional forms of collateral, all subject to specified conditions. Among other conditions, the class exemption requires that a bank or broker-dealer that borrows securities from a plan must provide the plan with its most recent audited financial statement. The borrower must also affirm, when the loan is negotiated, that there has been no material adverse change in its financial condition since the previously audited statement. The exemption also requires the agreements regarding the securities loan transaction or transactions and the compensation arrangement for the lending fiduciary to be contained in written documents. Individual agreements are not required for each transaction; rather the compensation agreement may be made in the form of a master agreement covering a series of transactions. The ICRs contained in PTE PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 70829 2006–16 were approved by the Office of Management and Budget (OMB) under OMB Control No. 1210–0065, which currently is scheduled to expire on February 28, 2013. Agency: Employee Benefits Security Administration, Department of Labor. Title: Multiemployer Plan Access to Information. Type of Review: Extension of a currently approved collection of information. OMB Number: 1210–0131. Affected Public: Individuals or households; Business or other for-profit; Not-for-profit institutions. Respondents: 3,000. Responses: 255,000. Estimated Total Burden Hours: 32,000. Estimated Total Burden Cost (Operating and Maintenance): $457,000. Description: This final rule implements section 101(k) of the Employee Retirement Income Security Act of 1974 (ERISA), as amended by the Pension Protection Act of 2006. Section 101(k) requires the administrator of a multiemployer plan to provide copies of certain actuarial and financial documents about the plan to participants, beneficiaries, employee representatives and contributing employers upon request. The final rule affects plan administrators, participants and beneficiaries and contributing employers of multiemployer plans. In connection with publication of this final rule, the Department submitted an ICR to OMB for its request of a new collection. OMB approved the ICR on February 21, 2010, under OMB Control Number 1210–0131, which expires on February 28, 2013. Agency: Employee Benefits Security Administration, Department of Labor. Title: ERISA Investment Manager Electronic Registration. Type of Review: Extension of a currently approved collection of information. OMB Number: 1210–0125. Affected Public: Individuals or households; Business or other for-profit; Not-for-profit institutions. Respondents: 10. Responses: 10. Estimated Total Burden Hours: 12. Estimated Total Burden Cost (Operating and Maintenance): $730. Description: Section 3(38)(B) of ERISA imposes certain registration requirements on an investment adviser that wishes to be considered an investment manager under ERISA. In 1997, section 3(38) was amended to permit advisers to satisfy the registration requirements by registering E:\FR\FM\27NON1.SGM 27NON1 wreier-aviles on DSK5TPTVN1PROD with 70830 Federal Register / Vol. 77, No. 228 / Tuesday, November 27, 2012 / Notices electronically with the Investment Adviser Registration Depository (IARD) established and maintained by the Securities Exchange Commission (SEC). The Department promulgated a final regulation (69 FR 52120, Aug. 24, 2004) to implement the statutory change. The final regulation is codified at 29 CFR 2510.3–38. EBSA submitted an ICR requesting OMB approval of the information collection contained in 29 CFR 2510.3–38, and OMB approved the information collection under OMB control number 1210–0125. The approval is scheduled to expire on March 31, 2013. Agency: Employee Benefits Security Administration, Department of Labor. Title: Summary Plan Description Requirements under ERISA. Type of Review: Extension of a currently approved collection of information. OMB Number: 1210–0039. Affected Public: Individuals or households; Business or other for-profit; Not-for-profit institutions. Respondents: 3,507,787. Responses: 108,006,000. Estimated Total Burden Hours: 262,000. Estimated Total Burden Cost (Operating and Maintenance): $295,148,000. Description: Section 104(b) of ERISA requires the administrator of an employee benefit plan to furnish plan participants and certain beneficiaries with a Summary Plan Description (SPD) that describes, in language understandable to an average plan participant, the benefits, rights, and obligations of participants in the plan. The information required to be contained in the SPD is set forth in section 102(b) of ERISA. To the extent that there is a material modification in the terms of the plan or a change in the required content of the SPD, section 104(b)(1) of ERISA requires the administrator to furnish participants and specified beneficiaries a summary of material modifications (SMM) or summary of material reductions (SMR). The Department of Labor (Department) has issued regulations providing guidance on compliance with the requirements to furnish SPDs, SMMs, and SMRs. These regulations, which are codified at 29 CFR 2520.102–2, 102–3, and 29 CFR 104b-2 and 104b-3, contain information collections for which the Department has obtained OMB approval under the OMB Control No. 1210–0039. The current approval is scheduled to expire on April 30, 2013. Agency: Employee Benefits Security Administration, Department of Labor. VerDate Mar<15>2010 15:05 Nov 26, 2012 Jkt 229001 Title: Employee Benefit Plan Claims Procedure under ERISA. Type of Review: Extension of a currently approved collection of information. OMB Number: 1210–0053. Affected Public: Individuals or households; Business or other for-profit; Not-for-profit institutions. Respondents: 6,646,164. Responses: 334,015,402. Estimated Total Burden Hours: 506,808. Estimated Total Burden Cost (Operating and Maintenance): $509,877,037. Description: Section 503 of ERISA requires each employee benefit plan to provide, pursuant to regulations promulgated by the Secretary of Labor, notice in writing to any participant or beneficiary whose claim for benefits under the plan has been denied. The notice must set forth the specific reasons for the denial and must be written in a manner calculated to be understood by the claimant. Plans must also give a participant or beneficiary whose claim has been denied a reasonable opportunity to obtain a full and fair review of any benefit claim denial by the appropriate named fiduciary. The Department issued a regulation pertaining to benefit claims procedures in 1977 and amended that regulation in a Notice of Final Rulemaking (NFRM) published on November 21, 2000 (65 FR 70246). The regulation pertaining to benefit claims procedures is codified at 29 CFR 2560.503–1. The regulation requires plans to establish reasonable claims procedures that meet specified standards governing the timing and content of notices and disclosures. EBSA submitted an ICR for the information collections in 29 CFR 2560.503–1 to the Office of Management and Budget (OMB) for review and clearance in connection with publication of the NFRM, and OMB approved the information collections under OMB control number 1210–0053. That approval is scheduled to expire on May 31, 2013. Agency: Employee Benefits Security Administration, Department of Labor. Title: PTE 80–83—Sale of Securities to Reduce Indebtedness of Party in Interest. Type of Review: Extension of a currently approved collection of information. OMB Number: 1210–0064. Affected Public: Individuals or households; Business or other for-profit; Not-for-profit institutions. Respondents: 25. PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 Responses: 25. Estimated Total Burden Hours: 15. Estimated Total Burden Cost (Operating and Maintenance): $0. Description: PTE 80–83 provides an exemption from certain prohibited transaction provisions of ERISA and from certain taxes imposed by the Internal Revenue Code of 1986 (Code) for transactions in which an employee benefit plan purchases securities when the proceeds from such purchase may be used to reduce or retire a debt owed by a party in interest with respect to such plan, provided that specified conditions are met. Among other conditions, PTE 80–83 requires that adequate records pertaining to an exempted transaction be maintained for six years. The Department has approval from the Office of Management and Budget (OMB) for this information collection requirement under OMB Control No. 1210–0064. This approval is currently scheduled to expire on May 31, 2013. Agency: Employee Benefits Security Administration, Department of Labor. Title: Prohibited Transaction Class Exemption 75–1 Security Transactions with Broker-Dealers, Reporting Dealers and Banks. Type of Review: Extension of a currently approved collection of information. OMB Number: 1210–0092. Affected Public: Individuals or households; Business or other for-profit; Not-for-profit institutions. Respondents: 8,376. Responses: 8,376. Estimated Total Burden Hours: 1,396. Estimated Total Burden Cost (Operating and Maintenance): $0. Description: PTE 75–1 provides exemptions from certain prohibited transaction provisions of the Employment Retirement Income Security Act of 1974 (ERISA), and the Code for specified types of transactions between employee benefit plans and broker-dealers, reporting dealers and banks relating to securities purchases and sales, provided specified conditions are met. The exempted transactions include an employee benefit plan’s purchase of securities from brokerdealers’ inventories of stocks, from underwriting syndicates in which a plan fiduciary is a member, from banks, from reporting dealers, and from a marketmaker even if a market-maker is a plan fiduciary. The exempted transactions also include, under certain conditions, a plan’s accepting an extension of credit from a broker-dealer for the purpose of facilitating settlement of a securities transaction. Among other conditions, PTE 75–1 requires that a party seeking E:\FR\FM\27NON1.SGM 27NON1 wreier-aviles on DSK5TPTVN1PROD with Federal Register / Vol. 77, No. 228 / Tuesday, November 27, 2012 / Notices to rely on the exemption with respect to a transaction maintain adequate records of the transaction for a period of six years. The Department has obtained approval from the Office of Management and Budget (OMB) for this information collection under OMB Control No. 1210–0092. This approval is currently scheduled to expire on May 31, 2013. Agency: Employee Benefits Security Administration, Department of Labor. Title: PTE 88–59—Residential Mortgage Financing Arrangements Involving Employee Benefit Plans. Type of Review: Extension of a currently approved collection of information. OMB Number: 1210–0095. Affected Public: Individuals or households; Business or other for-profit; Not-for-profit institutions. Respondents: 2,237. Responses: 11,184. Estimated Total Burden Hours: 932. Estimated Total Burden Cost (Operating and Maintenance): $0. Description: 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 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 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 May 31, 2013. Agency: Employee Benefits Security Administration, Department of Labor. Title: Petition for Finding under Section 3(40) of ERISA. Type of Review: Extension of a currently approved collection of information. OMB Number: 1210–0119. Affected Public: Individuals or households; Business or other for-profit; Not-for-profit institutions. Respondents: 45. Responses: 45. Estimated Total Burden Hours: 225. Estimated Total Burden Cost (Operating and Maintenance): 163,268. Description: Rules codified beginning at 29 CFR 2570.150 set forth an administrative procedure (‘‘procedural VerDate Mar<15>2010 15:05 Nov 26, 2012 Jkt 229001 rules’’) for obtaining a determination by the Department as to whether a particular employee benefit plan is established or maintained under or pursuant to one or more collective bargaining agreements for purposes of section 3(40) of ERISA. These procedural rules concern specific criteria set forth in 29 CFR 2510.3–40 (‘‘criteria rules’’), which, if met, constitute a finding by the Department that a plan is collectively bargained. Plans that meet the requirements of the criteria rules are not subject to state law. Among other requirements, the procedural rules require submission of a petition and affidavits by parties seeking a finding. The Department has obtained approval from the Office of Management and Budget (OMB), under OMB Control No. 1210–0119, for the information collections contained in its rules for a finding under section 3(40). This approval is currently scheduled to expire on May 31, 2013. Agency: Employee Benefits Security Administration, Department of Labor. Title: Statutory Exemption for CrossTrading of Securities. Type of Review: Extension of a currently approved collection of information. OMB Number: 1210–0130. Affected Public: Individuals or households; Business or other for-profit; Not-for-profit institutions. Respondents: 274. Responses: 2,462. Estimated Total Burden Hours: 2,859. Estimated Total Burden Cost (Operating and Maintenance): $12,309. Description: The Interim Final Rule on Statutory Exemption for CrossTrading of Securities implements the content requirements for the written cross-trading policies and procedures required under section 408(b)(19)(H) of ERISA, as added by section 611(g) of the Pension Protection Act of 2006, Public Law 109–280 (PPA). Section 611(g)(1) of the PPA created a new statutory exemption, added to section 408(b) of ERISA as subsection 408(b)(19), that exempts from the prohibitions of sections 406(a)(1)(A) and 406(b)(2) of ERISA those cross-trading transactions involving the purchase and sale of a security between an account holding assets of a pension plan and any other account managed by the same investment manager, provided that certain conditions are satisfied. Section 611(g)(3) of the PPA further directed the Secretary of Labor to issue regulations, within 180 days after enactment, regarding the content of the policies and procedures to be adopted by an investment manager to satisfy the PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 70831 conditions of the new statutory exemption. The Department issued a final crosstrading regulation on October 7, 2008. 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. 1210–0130. The OMB approval is currently scheduled to expire on May 31, 2013. Agency: Employee Benefits Security Administration, Department of Labor. Title: Final Amendment to PTE 84–14 for Plan Asset Transactions Determined by Independent Qualified Professional Asset Managers. Type of Review: Extension of a currently approved collection of information. OMB Number: 1210–0128. Affected Public: Individuals or households; Business or other for-profit; Not-for-profit institutions. Respondents: 4,400. Responses: 8,800. Estimated Total Burden Hours: 108,900. Estimated Total Burden Cost (Operating and Maintenance): $44,130,900. Description: The Final Amendment to PTE 84–14, a class exemption that permits various parties that are related to employee benefit plans to engage in transactions involving plan assets if, among other conditions, the assets are managed by ‘‘qualified professional asset managers’’ (QPAMs) that are independent of the parties in interest and which meet specified financial standards provides additional exemptive relief for employers to furnish limited amounts of goods and services to a managed fund in the ordinary course of business. Limited relief is also provided for leases of office or commercial space between managed funds and QPAMs or contributing employers. Finally, relief is provided for transactions involving places of public accommodation owned by a managed fund. The amendment permits a QPAM to manage an investment fund containing the assets of the QPAM’s own plan or an affiliate’s plan. The Department issued a final amendment on July 6, 2010. 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– 0128. The OMB approval is currently scheduled to expire on July 31, 2013. E:\FR\FM\27NON1.SGM 27NON1 70832 Federal Register / Vol. 77, No. 228 / Tuesday, November 27, 2012 / Notices wreier-aviles on DSK5TPTVN1PROD with Agency: Employee Benefits Security Administration, Department of Labor. Title: Final Amendment to Prohibited Transaction Exemption 96–23 for Plan Asset Transactions Determined by InHouse Asset Managers. Type of Review: Extension of a currently approved collection of information. OMB Number: 1210–0145. Affected Public: Individuals or households; Business or other for-profit; Not-for-profit institutions. Respondents: 20. Responses: 40. Estimated Total Burden Hours: 1,240. Estimated Total Burden Cost (Operating and Maintenance): $400,000. Description: This final amendment to PTE 96–23, a class exemption, permits various transactions involving employee benefit plans whose assets are managed by in-house asset managers (INHAMs), provided the conditions of the exemption are met. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520) (PRA 95), the Department submitted the information collection request (ICR) included in the Proposed Amendment to PTE 96–23 for Plan Asset Transactions Determined by In-House Asset Managers to OMB for review and clearance at the time the Notice of the proposed exemption was published in the Federal Register (June 14, 2010, 75 FR 33642). OMB approved the amendment under OMB control number 1210–0145, on July 26, 2010. The approval will expire on July 31, 2013. II. Focus of Comments The Department is particularly interested in comments that: • Evaluate whether the collections of information are 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 collections 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 ICRs for OMB approval of the extension of the information VerDate Mar<15>2010 15:05 Nov 26, 2012 Jkt 229001 collection; they will also become a matter of public record. Dated: November 16, 2012. Joseph S. Piacentini, Director, Office of Policy and Research, Employee Benefits Security Administration. [FR Doc. 2012–28464 Filed 11–26–12; 8:45 am] BILLING CODE 4510–29–P DEPARTMENT OF LABOR Employment and Training Administration Comment Request for Information Collection for Trade Adjustment Assistance (TAA) Reserve Funding Request Form, Extension Without Revisions Employment and Training Administration (ETA), Labor. ACTION: Notice. AGENCY: The Department of Labor (Department), as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 [44 U.S.C. 3506(c)(2)(A)]. This program helps 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, ETA is soliciting comments concerning the proposed extension of, with no revisions, data collections using the ETA Form 9117, Trade Adjustment Assistance (TAA) Reserve Funding Request Form (OMB Control Number 1205–0275). The current expiration date is February 28, 2013. DATES: Written comments must be submitted to the office listed in the addresses section below on or before January 28, 2013. ADDRESSES: Submit written comments to Caroline Hertel, Office of Trade Adjustment Assistance, Room N–5428, Employment and Training Administration, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210. Telephone number: 202–693–3236 (this is not a toll-free number). Individuals with hearing or speech impairments may access the telephone number above via TTY by calling the toll-free Federal Information Relay Service at 1–877– 889–5627 (TTY/TDD). Fax: 202–693– SUMMARY: PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 3584. Email: Hertel.Caroline@dol.gov. A copy of the proposed information collection request (ICR) can be obtained by contacting the office listed above. SUPPLEMENTARY INFORMATION: I. Background The administration of the Trade Act of 1974 (Trade Act), as amended by the Trade Adjustment Assistance Extension Act of 2011 (TAAEA), is the responsibility of the Secretary of Labor. Through agreements (GovernorSecretary Agreements) established with States, States serve as agents of the Department in making payments to workers who have lost their jobs as a result of foreign trade and been certified for the TAA Program. Section 241 of the Trade Act provides that: ‘‘the Secretary shall from time to time certify to the Secretary of the Treasury for payment to each cooperating state the sums necessary to enable such State as agents of the United States to make payments provided for by this chapter.’’ As such, states may request reserve funds before the Final Distribution to cover the costs of Training, Job Search Allowances, Relocation Allowances, Employment and Case Management Services, and State Administration of these benefits. Reserve funds will be distributed to states in accordance with 20 CFR 618.920 on an as-needed basis in response to reserve fund requests to provide funds to those states that experience large, unexpected layoffs or otherwise have training needs that are not met by their initial allocation. These funds must be requested using the Form ETA–9117 (OMB No. 1205–0275). II. Review Focus The Department 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 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. E:\FR\FM\27NON1.SGM 27NON1

Agencies

[Federal Register Volume 77, Number 228 (Tuesday, November 27, 2012)]
[Notices]
[Pages 70828-70832]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28464]


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DEPARTMENT OF LABOR

Employee Benefits Security Administration


Proposed Extension of Information Collection Requests Submitted 
for Public Comment

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 95) (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 public's reporting burden. It also helps 
the public understand the Department's information collection 
requirements and provide the requested data in the desired format. The 
Employee Benefits Security Administration (EBSA) is soliciting

[[Page 70829]]

comments on the proposed extension of the information collection 
requests (ICRs) contained in the documents described below. A copy of 
the ICRs may be obtained by contacting the office listed in the 
ADDRESSES section of this notice. ICRs also are available at 
reginfo.gov (http://www.reginfo.gov/public/do/PRAMain).

DATES: Written comments must be submitted to the office shown in the 
Addresses section on or before January 28, 2013.

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: This notice requests public comment on the 
Department's request for extension of the Office of Management and 
Budget's (OMB) approval of ICRs contained in the rules and prohibited 
transaction exemptions described below. The Department is not proposing 
any changes to the existing ICRs 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 ICRs and the current burden estimates follows:

    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Notice of Medical Necessity Criteria under the Mental Health 
Parity and Addition Equity Act of 2008.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0138.
    Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
    Respondents: 446,400.
    Responses: 446,400.
    Estimated Total Burden Hours: 949.
    Estimated Total Burden Cost (Operating and Maintenance): $562,506.
    Description: MHPAEA includes disclosure provisions for group health 
plans and health insurance coverage offered in connection with a group 
health plan. The criteria for medical necessity determinations made 
under a group health plan with respect to mental health or substance 
use disorder benefits (or health insurance coverage offered in 
connection with the plan with respect to such benefits) must be made 
available in accordance with regulations by the plan administrator (or 
the health insurance issuer offering such coverage) to any current or 
potential participant, beneficiary, or contracting provider upon 
request (``medical necessity disclosure''). The ICR contained in MHPAEA 
was approved by the Office of Management and Budget (OMB) under OMB 
Control No. 1210-0138, which currently is scheduled to expire on 
January 31, 2013.

    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: PTE 2006-16 (Securities Lending by Employee Benefit Plans).
    Type of Review: Extension of a currently approved information 
collection.
    OMB Number: 1210-0065.
    Affected Public: Individuals or households; business or other for-
profit institutions; not-for-profit institutions.
    Respondents: 100.
    Responses: 1,000.
    Estimated Total Burden Hours: 191.
    Estimated Total Burden Cost (Operating and Maintenance): $5,600.
    Description: This ICR covers information collections contained in 
PTE 2006-16. In 1981 and 1982, the Department issued two related 
prohibited transaction class exemptions, PTE 81-6 and PTE 82-63, that 
permit employee benefit plans to lend securities owned by the plans as 
investments to banks and broker-dealers and to make compensation 
arrangements for lending services provided by a plan fiduciary in 
connection with securities loans. In 2006, the Department promulgated 
PTE 2006-16, which combines and amends the exemptions previously 
provided under PTE 81-6 and PTE 82-63. The new exemption expands the 
categories of exempted transactions to include securities lending to 
foreign banks and broker-dealers that are domiciled in specified 
countries and to allow the use of additional forms of collateral, all 
subject to specified conditions.
    Among other conditions, the class exemption requires that a bank or 
broker-dealer that borrows securities from a plan must provide the plan 
with its most recent audited financial statement. The borrower must 
also affirm, when the loan is negotiated, that there has been no 
material adverse change in its financial condition since the previously 
audited statement.
    The exemption also requires the agreements regarding the securities 
loan transaction or transactions and the compensation arrangement for 
the lending fiduciary to be contained in written documents. Individual 
agreements are not required for each transaction; rather the 
compensation agreement may be made in the form of a master agreement 
covering a series of transactions. The ICRs contained in PTE 2006-16 
were approved by the Office of Management and Budget (OMB) under OMB 
Control No. 1210-0065, which currently is scheduled to expire on 
February 28, 2013.

    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Multiemployer Plan Access to Information.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0131.
    Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
    Respondents: 3,000.
    Responses: 255,000.
    Estimated Total Burden Hours: 32,000.
    Estimated Total Burden Cost (Operating and Maintenance): $457,000.
    Description: This final rule implements section 101(k) of the 
Employee Retirement Income Security Act of 1974 (ERISA), as amended by 
the Pension Protection Act of 2006. Section 101(k) requires the 
administrator of a multiemployer plan to provide copies of certain 
actuarial and financial documents about the plan to participants, 
beneficiaries, employee representatives and contributing employers upon 
request. The final rule affects plan administrators, participants and 
beneficiaries and contributing employers of multiemployer plans. In 
connection with publication of this final rule, the Department 
submitted an ICR to OMB for its request of a new collection. OMB 
approved the ICR on February 21, 2010, under OMB Control Number 1210-
0131, which expires on February 28, 2013.

    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: ERISA Investment Manager Electronic Registration.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0125.
    Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
    Respondents: 10.
    Responses: 10.
    Estimated Total Burden Hours: 12.
    Estimated Total Burden Cost (Operating and Maintenance): $730.
    Description: Section 3(38)(B) of ERISA imposes certain registration 
requirements on an investment adviser that wishes to be considered an 
investment manager under ERISA. In 1997, section 3(38) was amended to 
permit advisers to satisfy the registration requirements by registering

[[Page 70830]]

electronically with the Investment Adviser Registration Depository 
(IARD) established and maintained by the Securities Exchange Commission 
(SEC). The Department promulgated a final regulation (69 FR 52120, Aug. 
24, 2004) to implement the statutory change. The final regulation is 
codified at 29 CFR 2510.3-38. EBSA submitted an ICR requesting OMB 
approval of the information collection contained in 29 CFR 2510.3-38, 
and OMB approved the information collection under OMB control number 
1210-0125. The approval is scheduled to expire on March 31, 2013.

    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Summary Plan Description Requirements under ERISA.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0039.
    Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
    Respondents: 3,507,787.
    Responses: 108,006,000.
    Estimated Total Burden Hours: 262,000.
    Estimated Total Burden Cost (Operating and Maintenance): 
$295,148,000.
    Description: Section 104(b) of ERISA requires the administrator of 
an employee benefit plan to furnish plan participants and certain 
beneficiaries with a Summary Plan Description (SPD) that describes, in 
language understandable to an average plan participant, the benefits, 
rights, and obligations of participants in the plan. The information 
required to be contained in the SPD is set forth in section 102(b) of 
ERISA. To the extent that there is a material modification in the terms 
of the plan or a change in the required content of the SPD, section 
104(b)(1) of ERISA requires the administrator to furnish participants 
and specified beneficiaries a summary of material modifications (SMM) 
or summary of material reductions (SMR). The Department of Labor 
(Department) has issued regulations providing guidance on compliance 
with the requirements to furnish SPDs, SMMs, and SMRs. These 
regulations, which are codified at 29 CFR 2520.102-2, 102-3, and 29 CFR 
104b-2 and 104b-3, contain information collections for which the 
Department has obtained OMB approval under the OMB Control No. 1210-
0039. The current approval is scheduled to expire on April 30, 2013.

    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Employee Benefit Plan Claims Procedure under ERISA.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0053.
    Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
    Respondents: 6,646,164.
    Responses: 334,015,402.
    Estimated Total Burden Hours: 506,808.
    Estimated Total Burden Cost (Operating and Maintenance): 
$509,877,037.
    Description: Section 503 of ERISA requires each employee benefit 
plan to provide, pursuant to regulations promulgated by the Secretary 
of Labor, notice in writing to any participant or beneficiary whose 
claim for benefits under the plan has been denied. The notice must set 
forth the specific reasons for the denial and must be written in a 
manner calculated to be understood by the claimant. Plans must also 
give a participant or beneficiary whose claim has been denied a 
reasonable opportunity to obtain a full and fair review of any benefit 
claim denial by the appropriate named fiduciary.
    The Department issued a regulation pertaining to benefit claims 
procedures in 1977 and amended that regulation in a Notice of Final 
Rulemaking (NFRM) published on November 21, 2000 (65 FR 70246). The 
regulation pertaining to benefit claims procedures is codified at 29 
CFR 2560.503-1. The regulation requires plans to establish reasonable 
claims procedures that meet specified standards governing the timing 
and content of notices and disclosures. EBSA submitted an ICR for the 
information collections in 29 CFR 2560.503-1 to the Office of 
Management and Budget (OMB) for review and clearance in connection with 
publication of the NFRM, and OMB approved the information collections 
under OMB control number 1210-0053. That approval is scheduled to 
expire on May 31, 2013.

    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: PTE 80-83--Sale of Securities to Reduce Indebtedness of 
Party in Interest.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0064.
    Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
    Respondents: 25.
    Responses: 25.
    Estimated Total Burden Hours: 15.
    Estimated Total Burden Cost (Operating and Maintenance): $0.
    Description: PTE 80-83 provides an exemption from certain 
prohibited transaction provisions of ERISA and from certain taxes 
imposed by the Internal Revenue Code of 1986 (Code) for transactions in 
which an employee benefit plan purchases securities when the proceeds 
from such purchase may be used to reduce or retire a debt owed by a 
party in interest with respect to such plan, provided that specified 
conditions are met. Among other conditions, PTE 80-83 requires that 
adequate records pertaining to an exempted transaction be maintained 
for six years. The Department has approval from the Office of 
Management and Budget (OMB) for this information collection requirement 
under OMB Control No. 1210-0064. This approval is currently scheduled 
to expire on May 31, 2013.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Prohibited Transaction Class Exemption 75-1 Security 
Transactions with Broker-Dealers, Reporting Dealers and Banks.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0092.
    Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
    Respondents: 8,376.
    Responses: 8,376.
    Estimated Total Burden Hours: 1,396.
    Estimated Total Burden Cost (Operating and Maintenance): $0.
    Description: PTE 75-1 provides exemptions from certain prohibited 
transaction provisions of the Employment Retirement Income Security Act 
of 1974 (ERISA), and the Code for specified types of transactions 
between employee benefit plans and broker-dealers, reporting dealers 
and banks relating to securities purchases and sales, provided 
specified conditions are met. The exempted transactions include an 
employee benefit plan's purchase of securities from broker-dealers' 
inventories of stocks, from underwriting syndicates in which a plan 
fiduciary is a member, from banks, from reporting dealers, and from a 
market-maker even if a market-maker is a plan fiduciary. The exempted 
transactions also include, under certain conditions, a plan's accepting 
an extension of credit from a broker-dealer for the purpose of 
facilitating settlement of a securities transaction. Among other 
conditions, PTE 75-1 requires that a party seeking

[[Page 70831]]

to rely on the exemption with respect to a transaction maintain 
adequate records of the transaction for a period of six years. The 
Department has obtained approval from the Office of Management and 
Budget (OMB) for this information collection under OMB Control No. 
1210-0092. This approval is currently scheduled to expire on May 31, 
2013.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: PTE 88-59--Residential Mortgage Financing Arrangements 
Involving Employee Benefit Plans.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0095.
    Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
    Respondents: 2,237.
    Responses: 11,184.
    Estimated Total Burden Hours: 932.
    Estimated Total Burden Cost (Operating and Maintenance): $0.
    Description: 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 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 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 May 31, 2013.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Petition for Finding under Section 3(40) of ERISA.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0119.
    Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
    Respondents: 45.
    Responses: 45.
    Estimated Total Burden Hours: 225.
    Estimated Total Burden Cost (Operating and Maintenance): 163,268.
    Description: Rules codified beginning at 29 CFR 2570.150 set forth 
an administrative procedure (``procedural rules'') for obtaining a 
determination by the Department as to whether a particular employee 
benefit plan is established or maintained under or pursuant to one or 
more collective bargaining agreements for purposes of section 3(40) of 
ERISA. These procedural rules concern specific criteria set forth in 29 
CFR 2510.3-40 (``criteria rules''), which, if met, constitute a finding 
by the Department that a plan is collectively bargained. Plans that 
meet the requirements of the criteria rules are not subject to state 
law. Among other requirements, the procedural rules require submission 
of a petition and affidavits by parties seeking a finding. The 
Department has obtained approval from the Office of Management and 
Budget (OMB), under OMB Control No. 1210-0119, for the information 
collections contained in its rules for a finding under section 3(40). 
This approval is currently scheduled to expire on May 31, 2013.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Statutory Exemption for Cross-Trading of Securities.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0130.
    Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
    Respondents: 274.
    Responses: 2,462.
    Estimated Total Burden Hours: 2,859.
    Estimated Total Burden Cost (Operating and Maintenance): $12,309.
    Description: The Interim Final Rule on Statutory Exemption for 
Cross-Trading of Securities implements the content requirements for the 
written cross-trading policies and procedures required under section 
408(b)(19)(H) of ERISA, as added by section 611(g) of the Pension 
Protection Act of 2006, Public Law 109-280 (PPA). Section 611(g)(1) of 
the PPA created a new statutory exemption, added to section 408(b) of 
ERISA as subsection 408(b)(19), that exempts from the prohibitions of 
sections 406(a)(1)(A) and 406(b)(2) of ERISA those cross-trading 
transactions involving the purchase and sale of a security between an 
account holding assets of a pension plan and any other account managed 
by the same investment manager, provided that certain conditions are 
satisfied. Section 611(g)(3) of the PPA further directed the Secretary 
of Labor to issue regulations, within 180 days after enactment, 
regarding the content of the policies and procedures to be adopted by 
an investment manager to satisfy the conditions of the new statutory 
exemption.
    The Department issued a final cross-trading regulation on October 
7, 2008. 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. 1210-0130. The OMB approval is currently scheduled to 
expire on May 31, 2013.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Final Amendment to PTE 84-14 for Plan Asset Transactions 
Determined by Independent Qualified Professional Asset Managers.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0128.
    Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
    Respondents: 4,400.
    Responses: 8,800.
    Estimated Total Burden Hours: 108,900.
    Estimated Total Burden Cost (Operating and Maintenance): 
$44,130,900.
    Description: The Final Amendment to PTE 84-14, a class exemption 
that permits various parties that are related to employee benefit plans 
to engage in transactions involving plan assets if, among other 
conditions, the assets are managed by ``qualified professional asset 
managers'' (QPAMs) that are independent of the parties in interest and 
which meet specified financial standards provides additional exemptive 
relief for employers to furnish limited amounts of goods and services 
to a managed fund in the ordinary course of business. Limited relief is 
also provided for leases of office or commercial space between managed 
funds and QPAMs or contributing employers. Finally, relief is provided 
for transactions involving places of public accommodation owned by a 
managed fund. The amendment permits a QPAM to manage an investment fund 
containing the assets of the QPAM's own plan or an affiliate's plan.
    The Department issued a final amendment on July 6, 2010. 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. 
1210-0128. The OMB approval is currently scheduled to expire on July 
31, 2013.

[[Page 70832]]

    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Final Amendment to Prohibited Transaction Exemption 96-23 
for Plan Asset Transactions Determined by In-House Asset Managers.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0145.
    Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
    Respondents: 20.
    Responses: 40.
    Estimated Total Burden Hours: 1,240.
    Estimated Total Burden Cost (Operating and Maintenance): $400,000.
    Description: This final amendment to PTE 96-23, a class exemption, 
permits various transactions involving employee benefit plans whose 
assets are managed by in-house asset managers (INHAMs), provided the 
conditions of the exemption are met. In accordance with the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501-3520) (PRA 95), the Department 
submitted the information collection request (ICR) included in the 
Proposed Amendment to PTE 96-23 for Plan Asset Transactions Determined 
by In-House Asset Managers to OMB for review and clearance at the time 
the Notice of the proposed exemption was published in the Federal 
Register (June 14, 2010, 75 FR 33642). OMB approved the amendment under 
OMB control number 1210-0145, on July 26, 2010. The approval will 
expire on July 31, 2013.

II. Focus of Comments

    The Department is particularly interested in comments that:
     Evaluate whether the collections of information are 
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 
collections 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 ICRs for OMB approval of the extension of the 
information collection; they will also become a matter of public 
record.

    Dated: November 16, 2012.
Joseph S. Piacentini,
Director, Office of Policy and Research, Employee Benefits Security 
Administration.
[FR Doc. 2012-28464 Filed 11-26-12; 8:45 am]
BILLING CODE 4510-29-P