Agency Information Collection Activities; Submission for OMB Review; Comment Request; Employee Retirement Income Security Act of 1974 Technical Release 91-1, 33557-33558 [2015-14382]

Agencies

• DEPARTMENT OF LABOR
• Office of the Secretary

[Federal Register Volume 80, Number 113 (Friday, June 12, 2015)]
[Notices]
[Pages 33557-33558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14382]



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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Employee Retirement Income Security Act of 
1974 Technical Release 91-1

ACTION: Notice.

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SUMMARY: The Department of Labor (DOL) is submitting the Employee 
Benefits Security Administration (EBSA) sponsored information 
collection request (ICR) titled, ``Employee Retirement Income Security 
Act of 1974 Technical Release 91-1,'' 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. Public comments on the ICR are invited.

DATES: The OMB will consider all written comments that agency receives 
on or before July 13, 2015.

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=201505-1210-004 (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-
EBSA, 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 Employee Retirement Income Security Act of 1974 (ERISA) Technical 
Release 91-1 information collection. The subject information collection 
requirements arise from ERISA section 101(e), which establishes notice 
requirements that must be satisfied before an employer may transfer 
excess assets from a defined benefit pension plan to a retiree health 
benefit account, as permitted under conditions set forth in Internal 
Revenue Code of 1986 as amended section 420. See 29 U.S.C. 1021(e); 26 
U.S.C. 420. The ERISA section 101(e) notice requirements are two-fold. 
First, subsection (e)(1) requires a plan administrator to provide 
advance written notification of any such transfer to participants and 
beneficiaries. Second, subsection (e)(2)(A) requires an employer to 
provide advance written notification of any such transfer to the 
Secretaries of Labor and the Treasury, the plan administrator, and each 
employee organization representing participants in the plan. Both 
notices must be given at least sixty (60) days before the transfer 
date. The two subsections prescribe the information to be included in 
each type of notice and further authorize the Secretary of Labor to 
prescribe (1) how notice to participants and beneficiaries must be 
given and (2) any additional reporting requirements deemed necessary.
    ERISA Technical Release 91-1 provides guidance on how to satisfy 
the subject ERISA notice requirements. The Release made two changes in 
the statutory requirements for the second type of notice. First, it 
required the notice to include a filing date and the intended asset 
transfer date. The Release also simplified the statutory filing 
requirements by providing that filing with the DOL would be deemed 
sufficient notice to both the DOL and the Department of the Treasury. 
ERISA section 101(e) authorizes this information collection. See 29 
U.S.C. 1021(e).
    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 1210-0084.
    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 June 30, 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 October 15, 2014 (79 FR 
61903).
    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 1210-0084. 
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: Employee Retirement Income Security Act of 
1974 Technical Release 91-1.
    OMB Control Number: 1210-0084.
    Affected Public: Private sector--businesses or other for-profits.
    Total Estimated Number of Respondents: 10.
    Total Estimated Number of Responses: 80,015.

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    Total Estimated Annual Time Burden: 1,668 hours.
    Total Estimated Annual Other Costs Burden: $26,898.

    Dated: June 5, 2015.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2015-14382 Filed 6-11-15; 8:45 am]
 BILLING CODE 4510-29-P