Agency Information Collection Activities; Submission for OMB Review; Comment Request; Statutory Exemption for Cross-Trading of Securities, 31582-31583 [2013-12369]

Download as PDF 31582 Federal Register / Vol. 78, No. 101 / Friday, May 24, 2013 / Notices for-profits and not-for-profit institutions. Total Estimated Number of Respondents: 161. Total Estimated Number of Responses: 657. Total Estimated Annual Burden Hours: 122. Total Estimated Annual Other Costs Burden: $0. Dated: May 7, 2013. Michel Smyth, Departmental Clearance Officer. [FR Doc. 2013–12427 Filed 5–23–13; 8:45 am] BILLING CODE 4510–FR–P DEPARTMENT OF LABOR Office of the Secretary Agency Information Collection Activities; Submission for OMB Review; Comment Request; Certification by School Official ACTION: Notice. The Department of Labor (DOL) is submitting the Office of Workers’ Compensation Programs (OWCP) sponsored information collection request (ICR) revision titled, ‘‘Certification by School Official,’’ (Form CM–981) to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.). DATES: Submit comments on or before June 24, 2013. 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 free of charge from the RegInfo.gov Web site at https:// www.reginfo.gov/public/do/ PRAViewICR?ref_nbr=201302–1240–002 (this link will only become active 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–OWCP, 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. mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: FOR FURTHER INFORMATION CONTACT: Contact Michel Smyth by telephone at VerDate Mar<15>2010 21:14 May 23, 2013 Jkt 229001 202–693–4129 (this is not a toll-free number) or by email at DOL_PRA_PUBLIC@dol.gov. Authority: 44 U.S.C. 3507(a)(1)(D). In order to qualify as an eligible dependent for black lung benefits, a child aged 18- to 23-years must be a full-time student as described in the Black Lung Benefits Act, 30 U.S.C. 901 et. seq., and regulations 20 CFR 725.209. A school official completes a Certification by School Official (Form CM–981) to verify whether a Black Lung beneficiary’s dependent between the ages of 18 to 23 years qualifies as a full-time student. This ICR has been characterized as a revision request under the PRA, because the OWCP has made formatting changes to make Form CM–981 electronically fillable. For additional substantive information about this ICR, see the related notice published in the Federal Register on February 22, 2013 (78 FR 12364). 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 that 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 1240–0031. The current approval is scheduled to expire on July 31, 2013; however, it should be noted that existing information collection requirements submitted to the OMB receive a month-to-month extension while they undergo review. New information collection requirements would only take effect upon OMB approval. 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 1240– 0031. 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 SUPPLEMENTARY INFORMATION: PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 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: DOL–OWCP. Title of Collection: Certification by School Official. OMB Control Number: 1240–0031. Affected Public: State, Local, and Tribal Governments. Total Estimated Number of Respondents: 493. Total Estimated Number of Responses: 493. Total Estimated Annual Burden Hours: 82. Total Estimated Annual Other Costs Burden: $0. Dated: May 20, 2013. Michel Smyth, Departmental Clearance Officer. [FR Doc. 2013–12431 Filed 5–23–13; 8:45 am] BILLING CODE 4510–CK–P DEPARTMENT OF LABOR Office of the Secretary Agency Information Collection Activities; Submission for OMB Review; Comment Request; Statutory Exemption for Cross-Trading of Securities ACTION: Notice. The Department of Labor (DOL) is submitting the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) titled, ‘‘Statutory Exemption for Cross-Trading of Securities,’’ to the Office of Management and Budget (OMB) for review and approval for continued use without change in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.). DATES: Submit comments on or before June 24, 2013. ADDRESSES: A copy of this ICR with applicable supporting documentation; including a description of the likely SUMMARY: E:\FR\FM\24MYN1.SGM 24MYN1 Federal Register / Vol. 78, No. 101 / Friday, May 24, 2013 / Notices respondents, proposed frequency of response, and estimated total burden may be obtained free of charge 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 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–EBSA, 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. Authority: 44 U.S.C. 3507(a)(1)(D). The Regulation on Statutory Exemption for Cross-Trading of Securities, 29 CFR 2550.408b-19, implements the content requirements for written cross-trading policies and procedures required under Employee Retirement Income Security Act of 1974 (ERISA) section 408(b)(19)(H). ERISA section 408(b)(19) exempts 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 from ERISA sections 406(a)(1)(A) and 406(b)(2) prohibitions, provided that certain conditions are satisfied. Regulations 29 CFR 2550.408b–19 provides that policies and procedures for cross-trading under the statutory exemption must: (1) Be written in a manner calculated to be understood by the plan fiduciary authorizing crosstrading, (2) be sufficiently detailed to facilitate a periodic review of all crosstrades by a compliance officer designated by the investment manager and a determination by the compliance officer that the cross-trades comply with the investment manager’s written crosstrading policies and procedures, and (3) include, at a minimum: (A) A statement of general policy describing the criteria that will be applied by the investment manager in determining whether execution of a securities transaction as a cross-trade will be beneficial to both parties to the transaction; (B) a description of how the investment manager will determine the price at which the securities are cross-traded, in a manner that is consistent with 17 CFR mstockstill on DSK4VPTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 21:14 May 23, 2013 Jkt 229001 270.17a–7(b) and Securities and Exchange Commission interpretations thereunder, including the identity of sources used to establish the price; (C) a description of how the investment manager’s policies and procedures will mitigate any potentially conflicting division of loyalties and responsibilities to the parties involved in any crosstrade transaction; (D) a requirement that the investment manager allocate crosstrades among accounts participating in the cross-trading program in an objective and equitable manner and a description of the policies and procedures that will be used; (E) the identity of the compliance officer responsible for reviewing the investment manager’s compliance with ERISA section 408(b)(19) and its written cross-trading policies and procedures and the compliance officer’s qualifications for this position; (F) the steps to be performed by the compliance officer during its periodic review of the investment manager’s purchases and sales of securities to ensure compliance with the written cross-trading policies and procedures; and (G) a description of the procedures by which the compliance officer will determine whether the requirements of section ERISA section 408(b)(19) are met. 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 that 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 1210–0130. OMB authorization for an ICR cannot be for more than three (3) years without renewal, and the current approval for this collection is scheduled to expire on May 31, 2013. The DOL seeks OMB to extend PRA authorization for this information collection for three (3) more years without any change to existing requirements. 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 27, 2012 (77 FR 70828). Interested parties are encouraged to send comments to the OMB, Office of PO 00000 Frm 00069 Fmt 4703 Sfmt 9990 31583 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 1210– 0130. 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: DOL–EBSA. Title of Collection: Statutory Exemption for Cross-Trading of Securities. OMB Control Number: 1210–0130. Affected Public: Private Sector— businesses or other for-profits and notfor-profit institutions. Total Estimated Number of Respondents: 315. Total Estimated Number of Responses: 2,834. Total Estimated Annual Burden Hours: 3,290. Total Estimated Annual Other Costs Burden: $14,000. Dated: May 15, 2013. Michel Smyth, Departmental Clearance Officer. [FR Doc. 2013–12369 Filed 5–23–13; 8:45 am] BILLING CODE 4510–29–P E:\FR\FM\24MYN1.SGM 24MYN1

Agencies

[Federal Register Volume 78, Number 101 (Friday, May 24, 2013)]
[Notices]
[Pages 31582-31583]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12369]


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

DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Statutory Exemption for Cross-Trading of 
Securities

ACTION: Notice.

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

SUMMARY: The Department of Labor (DOL) is submitting the Employee 
Benefits Security Administration (EBSA) sponsored information 
collection request (ICR) titled, ``Statutory Exemption for Cross-
Trading of Securities,'' to the Office of Management and Budget (OMB) 
for review and approval for continued use without change in accordance 
with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et 
seq.).

DATES: Submit comments on or before June 24, 2013.

ADDRESSES: A copy of this ICR with applicable supporting documentation; 
including a description of the likely

[[Page 31583]]

respondents, proposed frequency of response, and estimated total burden 
may be obtained free of charge 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 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-EBSA, 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.

    Authority:  44 U.S.C. 3507(a)(1)(D).


SUPPLEMENTARY INFORMATION: The Regulation on Statutory Exemption for 
Cross-Trading of Securities, 29 CFR 2550.408b-19, implements the 
content requirements for written cross-trading policies and procedures 
required under Employee Retirement Income Security Act of 1974 (ERISA) 
section 408(b)(19)(H). ERISA section 408(b)(19) exempts 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 from ERISA sections 406(a)(1)(A) and 
406(b)(2) prohibitions, provided that certain conditions are satisfied.
    Regulations 29 CFR 2550.408b-19 provides that policies and 
procedures for cross-trading under the statutory exemption must: (1) Be 
written in a manner calculated to be understood by the plan fiduciary 
authorizing cross-trading, (2) be sufficiently detailed to facilitate a 
periodic review of all cross-trades by a compliance officer designated 
by the investment manager and a determination by the compliance officer 
that the cross-trades comply with the investment manager's written 
cross-trading policies and procedures, and (3) include, at a minimum: 
(A) A statement of general policy describing the criteria that will be 
applied by the investment manager in determining whether execution of a 
securities transaction as a cross-trade will be beneficial to both 
parties to the transaction; (B) a description of how the investment 
manager will determine the price at which the securities are cross-
traded, in a manner that is consistent with 17 CFR 270.17a-7(b) and 
Securities and Exchange Commission interpretations thereunder, 
including the identity of sources used to establish the price; (C) a 
description of how the investment manager's policies and procedures 
will mitigate any potentially conflicting division of loyalties and 
responsibilities to the parties involved in any cross-trade 
transaction; (D) a requirement that the investment manager allocate 
cross-trades among accounts participating in the cross-trading program 
in an objective and equitable manner and a description of the policies 
and procedures that will be used; (E) the identity of the compliance 
officer responsible for reviewing the investment manager's compliance 
with ERISA section 408(b)(19) and its written cross-trading policies 
and procedures and the compliance officer's qualifications for this 
position; (F) the steps to be performed by the compliance officer 
during its periodic review of the investment manager's purchases and 
sales of securities to ensure compliance with the written cross-trading 
policies and procedures; and (G) a description of the procedures by 
which the compliance officer will determine whether the requirements of 
section ERISA section 408(b)(19) are met.
    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 that 
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 1210-0130. OMB authorization for an ICR cannot be 
for more than three (3) years without renewal, and the current approval 
for this collection is scheduled to expire on May 31, 2013. The DOL 
seeks OMB to extend PRA authorization for this information collection 
for three (3) more years without any change to existing requirements. 
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 27, 2012 (77 FR 70828).
    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 1210-0130. 
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: DOL-EBSA.
    Title of Collection: Statutory Exemption for Cross-Trading of 
Securities.
    OMB Control Number: 1210-0130.
    Affected Public: Private Sector--businesses or other for-profits 
and not-for-profit institutions.
    Total Estimated Number of Respondents: 315.
    Total Estimated Number of Responses: 2,834.
    Total Estimated Annual Burden Hours: 3,290.
    Total Estimated Annual Other Costs Burden: $14,000.

    Dated: May 15, 2013.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2013-12369 Filed 5-23-13; 8:45 am]
BILLING CODE 4510-29-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.