Agency Information Collection Activities; Submission for OMB Review; Comment Request; Prohibited Transaction Class Exemption 1985-68 to Permit Employee Benefit Plans To Invest in Customer Notes of Employers, 73885-73886 [2013-29307]

Download as PDF Federal Register / Vol. 78, No. 236 / Monday, December 9, 2013 / Notices project remains open, and NAC intends to file additional written notifications disclosing all changes in membership. On May 2, 2000, NAC filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on June 30, 2000 (65 FR 40693). The last notification was filed with the Department on July 22, 2013. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on August 26, 2013 (78 FR 52787). Patricia A. Brink, Director of Civil Enforcement, Antitrust Division. [FR Doc. 2013–29272 Filed 12–6–13; 8:45 am] BILLING CODE P Attn: OMB Desk Officer for DOL–EBSA, Office of Management and Budget, Room 10235, 725 17th Street NW., Washington, DC 20503; by Fax: 202– 395–6881 (this is not a toll-free number); or by email: OIRA_submission@omb.eop.gov. Commenters are encouraged, but not required, to send a courtesy copy of any comments by mail or courier to the U.S. Department of Labor-OASAM, Office of the Chief Information Officer, Attn: Information Policy and Assessment Program, Room N1301, 200 Constitution Avenue NW., Washington, DC 20210; or by email: DOL_PRA_PUBLIC@dol.gov. FOR FURTHER INFORMATION 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). DEPARTMENT OF LABOR Office of the Secretary Agency Information Collection Activities; Submission for OMB Review; Comment Request; Prohibited Transaction Class Exemption 1985–68 to Permit Employee Benefit Plans To Invest in Customer Notes of Employers ACTION: Notice. The Department of Labor (DOL) is submitting the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) titled, ‘‘Prohibited Transaction Class Exemption 1985–68 to Permit Employee Benefit Plans to Invest in Customer Notes of Employers,’’ to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq. DATES: Submit comments on or before January 8, 2014. 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 http:// www.reginfo.gov/public/do/ PRAViewICR?ref_nbr=201310-1210-002 (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 by mail or courier to the Office of Information and Regulatory Affairs, maindgalligan on DSK5TPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:03 Dec 06, 2013 This ICR seeks to maintain PRA authority for information collection activities related to Prohibited Transaction Class Exemption (PTE) 1985–68, which permits an employee benefit plan to invest in an employer’s customer notes under circumstances the Employee Retirement Income Security Act of 1974 and Internal Revenue Code of 1986 would otherwise prohibit. More specifically, this PTE describes the conditions under which a plan may acquire customer notes accepted by an employer of employees covered by the plan in the ordinary course of the employer’s business activity and, thus, be exempt from the prohibited transaction restrictions; provided, the exemption conditions are met. The PTE covers sales as well as contributions of customer notes by an employer to its plan. The customer notes must have been accepted by the employer in its primary business activity as the seller of tangible personal property that is being financed by the notes, so that the exemption does not apply to notes of an employer’s affiliate. The PTE includes a recordkeeping provision that requires a plan seeking to use the exemption to maintain records that enable an interested party to determine whether the exemption conditions have been met. These records must be maintained for six (6) years from the date of the transaction. The PTE also requires those records be made available to certain persons on request. Without this recordkeeping requirement, the DOL would be hampered in enforcing the exemption terms and ensure user compliance. This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is SUPPLEMENTARY INFORMATION: Jkt 232001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 73885 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 1210–0094. 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 December 31, 2013. The DOL seeks to extend PRA authorization for this information collection for three (3) more years, without any change to existing requirements. The DOL notes that existing information collection requirements submitted to the OMB receive a month-to-month extension while they undergo review. For additional substantive information about this ICR, see the related notice published in the Federal Register on May 22, 2013 (78 FR 30333). 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– 0094. 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–ETA. Title of Collection: Prohibited Transaction Class Exemption 1985–68 E:\FR\FM\09DEN1.SGM 09DEN1 73886 Federal Register / Vol. 78, No. 236 / Monday, December 9, 2013 / Notices to Permit Employee Benefit Plans to Invest in Customer Notes of Employers. OMB Control Number: 1210–0094. Affected Public: Private Sector— businesses or other for-profits and notfor-profit institutions. Total Estimated Number of Respondents: 69. Total Estimated Number of Responses: 325. Total Estimated Annual Burden Hours: 1. Total Estimated Annual Other Costs Burden: $0. Dated: November 29, 2013. Michel Smyth, Departmental Clearance Officer. [FR Doc. 2013–29307 Filed 12–6–13; 8:45 am] BILLING CODE 4510–29–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–82,718; TA–W–82,718A] maindgalligan on DSK5TPTVN1PROD with NOTICES Schweitzer-Mauduit International, Inc., Paper Machine #21, Ancram, New York; Schweitzer-Mauduit International, Inc., Columbia Mill, Lee, Massachusetts; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974, as amended (‘‘Act’’), 19 U.S.C. 2273, the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance on May 30, 2013, applicable to workers of Schweitzer-Mauduit International, Inc., Paper Machine #21, Ancram, New York. The workers are engaged in activities related to the production of porous plug warp and long fiber papers for the cigarette industry. The Department’s notice of determination was published in the Federal Register on June 21, 2013 (78 FR 37588). At the request of a company official, the Department reviewed the certification for workers of the subject firm. New information from the company revealed that workers of Schweitzer-Mauduit International, Inc., Columbia Mill, Lee, Massachusetts are employed at a warehouse that stores the porous plug warp and long fiber papers for the cigarette industry produced at Schweitzer-Mauduit International, Inc., Paper Machine #21, Ancram, New York (TA–W–82,718). Although the workers are included on the payroll for Schweitzer-Mauduit International, Inc., Paper Machine #21, Ancram, New York (TA–W–82,718), they work and live in Massachusetts. VerDate Mar<15>2010 17:03 Dec 06, 2013 Jkt 232001 The intent of the Department’s certification is to include all workers of the subject firm who were adversely affected by increased imports. Based on these findings, the Department is amending this certification to include workers working at Schweitzer-Mauduit International, Inc., Columbia Mill, Lee, Massachusetts (TA–W–82,718A). The amended notice applicable to TA–W–82,718 is hereby issued as follows: All workers of Schweitzer-Mauduit International, Inc., Paper Machine #21, Ancram, New York (TA–W–82,718) and of Schweitzer-Mauduit International, Inc., Columbia Mill, Lee, Massachusetts (TA–W– 82,718A), who became totally or partially separated from employment on or after May 1, 2012 through May 30, 2015, and all workers in the group threatened with total or partial separation from employment on May 30, 2013 through May 30, 2015, are eligible to apply for adjustment assistance under Chapter 2 of Title II of the Trade Act of 1974, as amended. Signed in Washington, DC, this 19th day of November 2013. Michael W. Jaffe, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2013–29245 Filed 12–6–13; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–82,364] Atmel Corporation, Colorado Springs, Colorado; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974, as amended (‘‘Act’’), 19 U.S.C. 2273, the Department of Labor issued a Certification of Eligibility To Apply for Worker Adjustment Assistance on June 4, 2013, applicable to workers of Atmel Corporation, Colorado Springs, Colorado. The Department’s notice of determination was published in the Federal Register on July 2, 2013 (Volume 78 FR Pages 39776–39779). At the request of one-stop operator/ partner, the Department reviewed the certification for workers of the subject firm. The workers are engaged in activities related to the production of semiconductor wafers. The one-stop operator/partner reports that all of the workers at Atmel Corporation, Colorado Springs, Colorado were engaged in activities related to production of semiconductor PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 wafers and that the certification should not be limited to the Colorado Springs Foundry Operations Group, Colorado Springs Test Group and the Equipment Engineering Services Group. The amended notice applicable to TA–W–82,364 is hereby issued as follows: All workers of Atmel Corporation, Colorado Springs, Colorado who became totally or partially separated from employment on or after January 22, 2012 through June 4, 2015, and all workers in the group threatened with total or partial separation from employment on June 4, 2013 through June 4, 2015, are eligible to apply for adjustment assistance under Chapter 2 of Title II of the Trade Act of 1974, as amended. Signed in Washington, DC, this 19th day of November, 2013. Michael W. Jaffe, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2013–29248 Filed 12–6–13; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974, as amended (19 U.S.C. 2273) the Department of Labor herein presents summaries of determinations regarding eligibility to apply for trade adjustment assistance for workers by (TA–W) number issued during the period of November 11, 2013 through November 15, 2013. In order for an affirmative determination to be made for workers of a primary firm and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(a) of the Act must be met. I. Under Section 222(a)(2)(A), the following must be satisfied: (1) A significant number or proportion of the workers in such workers’ firm have become totally or partially separated, or are threatened to become totally or partially separated; (2) The sales or production, or both, of such firm have decreased absolutely; and (3) One of the following must be satisfied: (A) Imports of articles or services like or directly competitive with articles produced or services supplied by such firm have increased; (B) Imports of articles like or directly competitive with articles into which one E:\FR\FM\09DEN1.SGM 09DEN1

Agencies

[Federal Register Volume 78, Number 236 (Monday, December 9, 2013)]
[Notices]
[Pages 73885-73886]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29307]


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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Prohibited Transaction Class Exemption 1985-68 
to Permit Employee Benefit Plans To Invest in Customer Notes of 
Employers

ACTION: Notice.

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

SUMMARY: The Department of Labor (DOL) is submitting the Employee 
Benefits Security Administration (EBSA) sponsored information 
collection request (ICR) titled, ``Prohibited Transaction Class 
Exemption 1985-68 to Permit Employee Benefit Plans to Invest in 
Customer Notes of Employers,'' to the Office of Management and Budget 
(OMB) for review and approval for continued use, without change, in 
accordance with the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 
3501 et seq.

DATES: Submit comments on or before January 8, 2014.

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 http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201310-1210-002 (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 by mail or courier 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; by Fax: 202-395-6881 (this is not a toll-free 
number); or by email: OIRA_submission@omb.eop.gov. Commenters are 
encouraged, but not required, to send a courtesy copy of any comments 
by mail or courier to the U.S. Department of Labor-OASAM, Office of the 
Chief Information Officer, Attn: Information Policy and Assessment 
Program, Room N1301, 200 Constitution Avenue NW., Washington, DC 20210; 
or by email: DOL_PRA_PUBLIC@dol.gov.

FOR FURTHER INFORMATION 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: This ICR seeks to maintain PRA authority for 
information collection activities related to Prohibited Transaction 
Class Exemption (PTE) 1985-68, which permits an employee benefit plan 
to invest in an employer's customer notes under circumstances the 
Employee Retirement Income Security Act of 1974 and Internal Revenue 
Code of 1986 would otherwise prohibit. More specifically, this PTE 
describes the conditions under which a plan may acquire customer notes 
accepted by an employer of employees covered by the plan in the 
ordinary course of the employer's business activity and, thus, be 
exempt from the prohibited transaction restrictions; provided, the 
exemption conditions are met. The PTE covers sales as well as 
contributions of customer notes by an employer to its plan. The 
customer notes must have been accepted by the employer in its primary 
business activity as the seller of tangible personal property that is 
being financed by the notes, so that the exemption does not apply to 
notes of an employer's affiliate.
    The PTE includes a recordkeeping provision that requires a plan 
seeking to use the exemption to maintain records that enable an 
interested party to determine whether the exemption conditions have 
been met. These records must be maintained for six (6) years from the 
date of the transaction. The PTE also requires those records be made 
available to certain persons on request. Without this recordkeeping 
requirement, the DOL would be hampered in enforcing the exemption terms 
and ensure user compliance.
    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 1210-0094.
    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 December 31, 2013. The DOL seeks to extend PRA 
authorization for this information collection for three (3) more years, 
without any change to existing requirements. The DOL notes that 
existing information collection requirements submitted to the OMB 
receive a month-to-month extension while they undergo review. For 
additional substantive information about this ICR, see the related 
notice published in the Federal Register on May 22, 2013 (78 FR 30333).
    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 1210-0094. 
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-ETA.
    Title of Collection: Prohibited Transaction Class Exemption 1985-68

[[Page 73886]]

to Permit Employee Benefit Plans to Invest in Customer Notes of 
Employers.
    OMB Control Number: 1210-0094.
    Affected Public: Private Sector--businesses or other for-profits 
and not-for-profit institutions.
    Total Estimated Number of Respondents: 69.
    Total Estimated Number of Responses: 325.
    Total Estimated Annual Burden Hours: 1.
    Total Estimated Annual Other Costs Burden: $0.

    Dated: November 29, 2013.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2013-29307 Filed 12-6-13; 8:45 am]
BILLING CODE 4510-29-P