Agency Information Collection Activities; Submission for OMB Review; Comment Request; Requirements of a Bona Fide Thrift or Savings Plan and Requirements of a Bona Fide Profit-Sharing Plan or Trust, 70566-70567 [2014-27994]
Download as PDF
<![CDATA[
mstockstill on DSK4VPTVN1PROD with NOTICES
70566
Federal Register / Vol. 79, No. 228 / Wednesday, November 26, 2014 / Notices
and director, all sales managers and
supervisors, and each employee, agent,
or other person who, in each case, has
responsibility for or authority over
mergers and acquisitions; and for
Flakeboard’s Antitrust Compliance
Officer, a copy of this Final Judgment to
each current officer and director of
Arauco;
2. distribute in a timely manner a
copy of this Final Judgment to any
officer, director, employee, or agent who
succeeds to a position described in
Section IX.A.1;
3. obtain within 60 days from the
entry of this Final Judgment, and
annually thereafter, and retain for the
duration of this Final Judgment, a
written certification from each person
designated in Sections IX.A.1 & 2 that
he or she (a) has received, read,
understands, and agrees to abide by the
terms of this Final Judgment; (b)
understands that failure to comply with
this Final Judgment may result in
conviction for criminal contempt of
court; and (c) is not aware of any
violation of the Final Judgment; and
4. provide a copy of this Final
Judgment to each potential partner to a
merger or acquisition before the initial
exchange of a letter of intent, definitive
agreement, or other agreement of
merger.
B. Within 60 days of entry Flakeboard
and SierraPine must each certify to
Plaintiff that it has (1) designated an
Antitrust Compliance Officer, specifying
his or her name, business address, and
telephone number; and (2) distributed
the Final Judgment in accordance with
Section IX.A.1.
C. For the term of this Final Judgment,
on or before its anniversary date,
Flakeboard and SierraPine must each
file with Plaintiff an annual statement as
to the fact and manner of its compliance
with the provisions of Sections VII and
IX.
D. Within 45 days of entry of this
Final Judgment, Arauco must distribute
a copy of this Final Judgment to each
current officer and director, sales
manager and supervisor, and employee,
agent, or other person who, in each case,
has responsibility for any business in
the United States.
E. If any director, officer, or Antitrust
Compliance Officer of any of the
Defendants learns of a violation of this
Final Judgment, that Defendant must
within three business days take
appropriate action to terminate or
modify the activity so as to assure
compliance with this Final Judgment,
and must notify the Plaintiff of the
violation within 10 business days.
VerDate Sep<11>2014
17:21 Nov 25, 2014
Jkt 235001
X. Right to Inspection
A. For the purpose of determining or
securing compliance with this Final
Judgment, any related orders, or
determining whether the Final
Judgment should be modified or
vacated, and subject to any legally
recognized privilege, authorized
representatives of the United States
Department of Justice, including
consultants and other persons retained
by the United States, shall, upon written
request of an authorized representative
of the Assistant Attorney General in
charge of the Antitrust Division, and on
reasonable notice to the Defendants, be
permitted:
1. Access during Defendants’ office
hours to inspect and copy or at
Plaintiff’s option, to require Defendants
to provide hard copy or electronic
copies of, all books, ledgers, accounts,
records, data, and documents in the
possession, custody, or control of
Defendants, relating to any matters
contained in this Final Judgment; and
2. to interview, either informally or on
the record, Defendants’ officers,
employees, or agents, who may have
their individual counsel present,
regarding such matters. The interviews
are subject to the reasonable
convenience of the interviewee and
without restraint or interference by
Defendants.
B. Upon written request of an
authorized representative of the
Assistant Attorney General in charge of
the Antitrust Division, Defendants must
submit written reports or responses to
written interrogatories, under oath if
requested, relating to any of the matters
contained in this Final Judgment as may
be requested.
C. No information or documents
obtained by the means provided in this
section may be divulged by the Plaintiff
to any person other than an authorized
representative of the executive branch of
the United States, except in the course
of legal proceedings to which the United
States is a party (including grand jury
proceedings), or for the purpose of
securing compliance with this Final
Judgment, or as otherwise required by
law.
D. If, at the time a Defendant
furnishes information or documents to
Plaintiff, the Defendant represents and
identifies in writing the material in any
such information or documents to
which a claim of protection may be
asserted under Rule 26(c)(1)(G) of the
Federal Rules of Civil Procedure, and
the Defendant marks each pertinent
page of such material, ‘‘Subject to claim
of protection under Rule 26(c)(1)(G) of
the Federal Rules of Civil Procedure,’’
PO 00000
Frm 00068
Fmt 4703
Sfmt 4703
then the United States shall give 10
calendar days’ notice before divulging
that material in any legal proceeding
(other than a grand jury proceeding) to
which the Defendant is not a party.
XI. Retention of Jurisdiction
This Court retains jurisdiction to
enable any party to this Final Judgment
to apply to this Court at any time for
further orders and directions as may be
necessary or appropriate to carry out or
construe this Final Judgment, to modify
any of its provisions, to enforce
compliance, and to punish any
violations of its provisions.
XII. Expiration of Final Judgment
Unless extended by this Court, this
Final Judgment expires ten years from
the date of its entry.
XIII. Costs
Each party must bear its own costs of
this action.
XIV. Public–Interest Determination
The parties have complied with the
requirements of the Antitrust
Procedures and Penalties Act, 15 U.S.C.
§ 16, including making copies available
to the public of this Final Judgment, the
Competitive Impact Statement, and any
public comments thereon and Plaintiff’s
responses to those comments. Based
upon the record before the Court, which
includes the Competitive Impact
Statement and any comments and
responses to comments filed with the
Court, entry of this Final Judgment is in
the public interest.
Dated:llll
llllllllllllllllll
l
United States District Judge
[FR Doc. 2014–27985 Filed 11–25–14; 8:45 am]
BILLING CODE P
DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request;
Requirements of a Bona Fide Thrift or
Savings Plan and Requirements of a
Bona Fide Profit-Sharing Plan or Trust
ACTION:
Notice.
The Department of Labor
(DOL) is submitting the Wage and Hour
Division (WHD) sponsored information
collection request (ICR) titled,
‘‘Requirements of a Bona Fide Thrift or
Savings Plan and Requirements of a
Bona Fide Profit-Sharing Plan or Trust,’’
to the Office of Management and Budget
SUMMARY:
E:\FR\FM\26NON1.SGM
26NON1
Federal Register / Vol. 79, No. 228 / Wednesday, November 26, 2014 / Notices
(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. Public comments on the
ICR are invited.
DATES: The OMB will consider all
written comments that agency receives
on or before December 26, 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=201405-1235-003
(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, TTY 202–
693–8064, (these are not toll-free
numbers) or by email at 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–WHD,
Office of Management and Budget,
Room 10235, 725 17th Street NW.,
Washington, DC 20503; by Fax: 202–
395–5806 (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:
Contact Michel Smyth by telephone at
202–693–4129, TTY 202–693–8064,
(these are not toll-free numbers) or by
email at DOL_PRA_PUBLIC@dol.gov.
Authority: 44 U.S.C. 3507(a)(1)(D).
This ICR
seeks to extend PRA authority for the
information collection requirements
codified in regulations 29 CFR 547.1(b)
and 549.1(b) related to bona fide thrift
or savings plans and bona fide profitsharing plans or trusts. The information
collection requirements apply to
employers claiming the overtime
exemption available under Fair Labor
Standards Act section 7(e)(3)(b), 29
U.S.C. 207(e)(3)(b). Specifically, in
calculating an employee’s regular rate of
pay, an employer need not include
contributions made to a bona fide thrift
or savings plan or a bona fide profit-
mstockstill on DSK4VPTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
17:21 Nov 25, 2014
Jkt 235001
sharing plan or trust—as defined in
regulations 29 CFR parts 547 and 549.
An employer is required to
communicate, or to make available to its
employees, the terms of the bona fide
thrift, savings, or profit-sharing plan or
trust and to retain certain records. Fair
Labor Standards Act sections 7(e)(3)(b)
and 11(c) authorize this information
collection. See 29 U.S.C. 207(e)(3)(b)
and 211(c).
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 1235–0013.
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, 2015. 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
June 9, 2014 (79 FR 33003).
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 thirty (30) days of
publication of this notice in the Federal
Register. In order to help ensure
appropriate consideration, comments
should mention OMB Control Number
1235–0013. 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;
PO 00000
Frm 00069
Fmt 4703
Sfmt 4703
70567
• 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–WHD.
Title of Collection: Requirements of a
Bona Fide Thrift or Savings Plan and
Requirements of a Bona Fide ProfitSharing Plan or Trust.
OMB Control Number: 1235–0013.
Affected Public: Private Sector—
businesses or other for-profits, farms,
and not-for-profit institutions.
Total Estimated Number of
Responses: 523,500.
Total Estimated Annual Time Burden:
291 hours.
Total Estimated Annual Other Costs
Burden: $0.
Dated: November 20, 2014.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2014–27994 Filed 11–25–14; 8:45 am]
BILLING CODE 4510–27–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Comment Request for Information
Collection for Labor Standards for the
Registration of Apprenticeship
Programs, Extension With Minor
Definition Addition
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)] (PRA). The PRA
helps ensure that respondents can
provide requested data in the desired
format with minimal reporting burden
(time and financial resources),
collection instruments are clearly
understood, and the impact of collection
requirements on respondents can be
properly assessed.
Currently, ETA is soliciting comments
concerning the collection of data in
SUMMARY:
E:\FR\FM\26NON1.SGM
26NON1
]]>Agencies
[Federal Register Volume 79, Number 228 (Wednesday, November 26, 2014)]
[Notices]
[Pages 70566-70567]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27994]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection Activities; Submission for OMB
Review; Comment Request; Requirements of a Bona Fide Thrift or Savings
Plan and Requirements of a Bona Fide Profit-Sharing Plan or Trust
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor (DOL) is submitting the Wage and Hour
Division (WHD) sponsored information collection request (ICR) titled,
``Requirements of a Bona Fide Thrift or Savings Plan and Requirements
of a Bona Fide Profit-Sharing Plan or Trust,'' to the Office of
Management and Budget
[[Page 70567]]
(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. Public comments on the ICR are invited.
DATES: The OMB will consider all written comments that agency receives
on or before December 26, 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=201405-1235-003 (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, TTY 202-693-8064, (these are
not toll-free numbers) or by email at 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-
WHD, Office of Management and Budget, Room 10235, 725 17th Street NW.,
Washington, DC 20503; by Fax: 202-395-5806 (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: Contact Michel Smyth by telephone at
202-693-4129, TTY 202-693-8064, (these are not toll-free numbers) or by
email at DOL_PRA_PUBLIC@dol.gov.
Authority: 44 U.S.C. 3507(a)(1)(D).
SUPPLEMENTARY INFORMATION: This ICR seeks to extend PRA authority for
the information collection requirements codified in regulations 29 CFR
547.1(b) and 549.1(b) related to bona fide thrift or savings plans and
bona fide profit-sharing plans or trusts. The information collection
requirements apply to employers claiming the overtime exemption
available under Fair Labor Standards Act section 7(e)(3)(b), 29 U.S.C.
207(e)(3)(b). Specifically, in calculating an employee's regular rate
of pay, an employer need not include contributions made to a bona fide
thrift or savings plan or a bona fide profit-sharing plan or trust--as
defined in regulations 29 CFR parts 547 and 549. An employer is
required to communicate, or to make available to its employees, the
terms of the bona fide thrift, savings, or profit-sharing plan or trust
and to retain certain records. Fair Labor Standards Act sections
7(e)(3)(b) and 11(c) authorize this information collection. See 29
U.S.C. 207(e)(3)(b) and 211(c).
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 1235-0013.
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, 2015. 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 June 9, 2014 (79 FR 33003).
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 thirty (30) days of publication of this
notice in the Federal Register. In order to help ensure appropriate
consideration, comments should mention OMB Control Number 1235-0013.
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-WHD.
Title of Collection: Requirements of a Bona Fide Thrift or Savings
Plan and Requirements of a Bona Fide Profit-Sharing Plan or Trust.
OMB Control Number: 1235-0013.
Affected Public: Private Sector--businesses or other for-profits,
farms, and not-for-profit institutions.
Total Estimated Number of Responses: 523,500.
Total Estimated Annual Time Burden: 291 hours.
Total Estimated Annual Other Costs Burden: $0.
Dated: November 20, 2014.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2014-27994 Filed 11-25-14; 8:45 am]
BILLING CODE 4510-27-P
