Agency Information Collection Activities; Submission for OMB Review; Comment Request; Loans to Plan Participants and Beneficiaries Who Are Parties in Interest With Respect to the Plan Regulation, 75946-75947 [2013-29728]

Download as PDF 75946 Federal Register / Vol. 78, No. 240 / Friday, December 13, 2013 / Notices ehiers on DSK2VPTVN1PROD with NOTICES December 27, 1985 attack at the Schwechat Airport in Vienna, Austria, as alleged in Knowland v. Great Socialist People’s Libyan Arab Jamahiriya (D.D.C.) 08–cv–1309. April 5, 1986 bombing of the La Belle Discotheque in Berlin, Germany, as alleged in Clay v. Socialist People’s Libyan Arab Jamahiriya (D.D.C.) 06–cv–707 and Harris v. Socialist People’s Libyan Arab Jamahiriya (D.D.C.) 06–cv–732. September 5, 1986 hijacking of Pan Am flight 73, as alleged in Patel v. Socialist People’s Libyan Arab Jamahiriya (D.D.C.) 06– cv–626. Detention beginning February 10, 1987 of the passengers and crew of the private yacht ‘‘Carin 11,’’ as alleged in Simpson v. Socialist People’s Libyan Arab Jamahiriya (D.D.C.) 00– cv–1722. December 21, 1988 bombing of Pan Am flight 103, as alleged in Cummock v. Socialist People’s Libyan Arab Jamahiriya (D.D.C.) 02– cv–2134, Fisher v. Great Socialist People’s Libyan Arab Jamahiriya (D.D.C.) 04–cv–2055, Hagerman v. Socialist People’s Libyan Arab Jamahiriya (D.D.C.) 02–cv–2147, Hartford Fire Insurance Company v. Socialist People’s Libyan Arab Jamahiriya (D.D.C.) 98–cv–3096, and MacQuarrie v. Socialist People’s Libyan Arab Jamahiriya (D.D.C.) 04–cv–176. September 19, 1989 bombing of UTA flight 772, as alleged in La Reunion Aerienne v. Socialist People’s Libyan Arab Jamahiriya (D.D.C.) 05–cv–1932 and Pugh v. Socialist People’s Libyan Arab Jamahiriya (D.D.C.) 02– cv–2026. In conformity with the terms of the referral, the Commission will determine the claims in accordance with the provisions of 22 U.S.C. 1621 et seq., which comprises Title I of the International Claims Settlement Act of 1949, as amended. The Commission will then certify to the Secretary of the Treasury those claims that it finds to be valid, for payment out of the claims fund established under the Claims Settlement Agreement. The Commission will administer this claims adjudication program in accordance with its regulations, which are published in Chapter V of Title 45, Code of Federal Regulations (45 CFR part 500 et seq.). In particular, attention is directed to subsection 500.3(a) of these regulations which, based on 22 U.S.C. 1623(f), limits the amount of attorney’s fees that may be charged for legal representation before the Commission. These regulations are also available over the Internet at https:// www.gpoaccess.gov/cfr/. Approval has been obtained from the Office of Management and Budget for the collection of this information. Approval No. 1105–0100, expiration date 11/30/2016. Brian M. Simkin, Chief Counsel. [FR Doc. 2013–29710 Filed 12–12–13; 8:45 am] 17:02 Dec 12, 2013 Agency Information Collection Activities; Submission for OMB Review; Comment Request; Loans to Plan Participants and Beneficiaries Who Are Parties in Interest With Respect to the Plan Regulation Notice. The Department of Labor (DOL) is submitting the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) titled, ‘‘Loans to Plan Participants and Beneficiaries Who Are Parties In Interest With Respect to the Plan Regulation,’’ 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 13, 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 https:// www.reginfo.gov/public/do/ PRAViewICR?ref_nbr=201311-1210-001 (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: Departmental Information Compliance Management 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. SUMMARY: Authority: 44 U.S.C. 3507(a)(1)(D). BILLING CODE 4410–01–P VerDate Mar<15>2010 Office of the Secretary ACTION: Jkt 232001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 The ICR seeks to maintain PRA authority to conduct information collections contained in the regulation related to plan participants and beneficiaries who are parties in interest with respect to the plan, 29 CFR 2550.408b–1. The Employee Retirement Income Security Act (ERISA) prohibits a plan fiduciary from causing the plan to engage in a transaction, if the fiduciary knows or should know the transaction constitutes a direct or indirect loan or extension of credit between the plan and a party in interest. ERISA section 408(b)(1) exempts from this prohibition a loan from a plan to a party in interest who is also a plan participant or beneficiary, provided satisfaction of certain requirements. DOL regulations implementing the statutory provision provide additional guidance. Specifically, regulations 29 CFR 2550.408b–1(d) prescribes eight specific provisions that must be included in the plan documents, including: (1) An explicit authorization for the plan fiduciary responsible for investing plan assets to establish such a loan program, (2) the identity of the person or position authorized to administer the program, (3) a procedure for applying for loans, (4) the basis on which loans will be approved or denied, (5) limitations, if any, on the types and amounts of loans offered, (6) the procedure for determining a reasonable interest rate, (7) types of collateral that may secure a participant loan, and (8) the events constituting default and the steps that will be taken to preserve plan assets in the event of such default. 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 1210–0076. 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 SUPPLEMENTARY INFORMATION: DEPARTMENT OF LABOR E:\FR\FM\13DEN1.SGM 13DEN1 ehiers on DSK2VPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 240 / Friday, December 13, 2013 / Notices 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. 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– 0076. 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: Loans to Plan Participants and Beneficiaries Who Are Parties In Interest With Respect to the Plan Regulation. OMB Control Number: 1210–0076. Affected Public: Private Sector— businesses or other for-profits and notfor-profit institutions. Total Estimated Number of Respondents: 2,500. Total Estimated Number of Responses: 2,500. Total Estimated Annual Burden Hours: 0. Total Estimated Annual Other Costs Burden: $946,000. Dated: December 6, 2013. Michel Smyth, Departmental Clearance Officer. Agency Information Collection Activities; Submission for OMB Review; Comment Request; Welding, Cutting, and Brazing Standard ACTION: Notice. The Department of Labor (DOL) is submitting the Occupational Safety and Health Administration (OSHA) sponsored information collection request (ICR) titled, ‘‘Welding, Cutting, and Brazing Standard,’’ 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 13, 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 https:// www.reginfo.gov/public/do/ PRAViewICR?ref_nbr=201310-1218-002 (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–OSHA, 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: Departmental Information Compliance Management 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. SUMMARY: Authority: 44 U.S.C. 3507(a)(1)(D). BILLING CODE 4510–29–P 13:32 Dec 12, 2013 Office of the Secretary This ICR seeks to maintain PRA authorization for the information collection requirements SUPPLEMENTARY INFORMATION: [FR Doc. 2013–29728 Filed 12–12–13; 8:45 am] VerDate Mar<15>2010 DEPARTMENT OF LABOR Jkt 232001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 75947 contained in the Welding, Cutting, and Brazing Standard, regulations 29 CFR part 1910, subpart Q. More specifically, regulations 29 CFR 1910.255(e) requires that a periodic inspection of resistance welding equipment be made by qualified maintenance personnel and a certification record generated and maintained. The certification shall include the date of the inspection, the signature of the person who performed the inspection and the serial number, or other identifier, for the equipment inspected. The maintenance inspection ensures that welding equipment is in safe operating condition, while the maintenance record provides evidence that employers performed the required inspections. The Occupational Safety and Health Act authorizes this information collection. See 29 U.S.C. 657. 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 1218–0207. 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 January 31, 2014. 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 August 28, 2013. 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 1218– 0207. The OMB is particularly interested in comments that: E:\FR\FM\13DEN1.SGM 13DEN1

Agencies

[Federal Register Volume 78, Number 240 (Friday, December 13, 2013)]
[Notices]
[Pages 75946-75947]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29728]


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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Loans to Plan Participants and Beneficiaries 
Who Are Parties in Interest With Respect to the Plan Regulation

ACTION: Notice.

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

SUMMARY: The Department of Labor (DOL) is submitting the Employee 
Benefits Security Administration (EBSA) sponsored information 
collection request (ICR) titled, ``Loans to Plan Participants and 
Beneficiaries Who Are Parties In Interest With Respect to the Plan 
Regulation,'' 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 13, 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 https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201311-1210-001 (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: Departmental Information Compliance 
Management 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: The ICR seeks to maintain PRA authority to 
conduct information collections contained in the regulation related to 
plan participants and beneficiaries who are parties in interest with 
respect to the plan, 29 CFR 2550.408b-1. The Employee Retirement Income 
Security Act (ERISA) prohibits a plan fiduciary from causing the plan 
to engage in a transaction, if the fiduciary knows or should know the 
transaction constitutes a direct or indirect loan or extension of 
credit between the plan and a party in interest. ERISA section 
408(b)(1) exempts from this prohibition a loan from a plan to a party 
in interest who is also a plan participant or beneficiary, provided 
satisfaction of certain requirements. DOL regulations implementing the 
statutory provision provide additional guidance. Specifically, 
regulations 29 CFR 2550.408b-1(d) prescribes eight specific provisions 
that must be included in the plan documents, including: (1) An explicit 
authorization for the plan fiduciary responsible for investing plan 
assets to establish such a loan program, (2) the identity of the person 
or position authorized to administer the program, (3) a procedure for 
applying for loans, (4) the basis on which loans will be approved or 
denied, (5) limitations, if any, on the types and amounts of loans 
offered, (6) the procedure for determining a reasonable interest rate, 
(7) types of collateral that may secure a participant loan, and (8) the 
events constituting default and the steps that will be taken to 
preserve plan assets in the event of such default.
    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 1210-0076.
    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

[[Page 75947]]

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.
    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 1210-0076. 
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: Loans to Plan Participants and Beneficiaries 
Who Are Parties In Interest With Respect to the Plan Regulation.
    OMB Control Number: 1210-0076.
    Affected Public: Private Sector--businesses or other for-profits 
and not-for-profit institutions.
    Total Estimated Number of Respondents: 2,500.
    Total Estimated Number of Responses: 2,500.
    Total Estimated Annual Burden Hours: 0.
    Total Estimated Annual Other Costs Burden: $946,000.

    Dated: December 6, 2013.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2013-29728 Filed 12-12-13; 8:45 am]
BILLING CODE 4510-29-P
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