[Federal Register Volume 63, Number 194 (Wednesday, October 7, 1998)]
[Notices]
[Pages 53930-53937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26884]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Office of the Secretary
Submission for OMB Review; Comment Request
October 2, 1998.
The Department of Labor (DOL) has submitted the following public
information collection requests (ICRs) to the Office of Management and
Budget (OMB) for review and approval in accordance with the Paperwork
Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). A copy of
each individual ICR, with applicable supporting documentation, may be
obtained by calling the Department of Labor, Departmental Clearance
Officer, Todd, R. Owen [{202} 219-5096 ext. 143) or by E-Mail to Owen-
Todd@dol.gov.
Comments should be sent to the Office of Information and Regulatory
Affairs, Attn: OMB Desk Officer for BLS, DM, ESA, ETA, MSHA, OSHA,
PWBA, or VETS, Office of Management and Budget, Room 10235, Washington,
DC 20503 ({202} 395-7316), within 30 days from the date of this
publication in the Federal Register. The OMB is particularly interested
in comments which:
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,
[[Page 53931]]
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: Bureau of Labor Statistics.
Title: BLS/OSHS Federal/State Cooperative Agreement (Application
Package).
OMB Number: 1220-0149 (revision).
Agency Number: BLS-OSHS1; BLS-OSHS2.
Frequency: BLS-OSHS1 Annually; BLS-OSHS Quarterly.
Affected Public: States.
Number of Respondents: 57.
Estimated Time per Respondent: BLS-OSHS1 2 hours; BLS-OSHS2 1 hour.
Total Burden Hours: 342 hours.
Total annualized capital/startup costs: 0.
Total annual costs (operating/maintaining systems or purchasing
services): 0.
Description: The BLS signs cooperative agreements with States, and
political subdivisions thereof, to assist them in developing and
administering programs that deal with occupational safety and health
statistics and to arrange through these agreements for research to
further the objectives of the Occupational Safety and Health Act. Cost
information by object class and a description of activities are needed
to evaluate cost effectiveness and to ensure that program objectives
are being met. Data will become part of a ``management information
system'' to generate summaries for authorized users.
Agency: Employment and Training Administration.
Title: Labor Condition Application and Requirement for Employers
Using Nonimmigrants on H-1B Visas.
OMB Number: 1205-0310 (extension).
Agency Number: ETA 9035.
Frequency: Other.
Affected Public: Individuals or households; State or Local
governments; Businesses or other for-profit; Federal agencies or
employees; Non-profit institutions; Small businesses or organizations.
Number of Respondents: 200,000.
Estimated Time per Respondent: 1 hour and 15 minutes.
Total Burden Hours: 200,050.
Total annualized capital/startup costs: 0.
Total annual costs (operating./maintaining systems or purchasing
services): 0.
Description: The application form and other requirements in these
regulations for employers seeking to use H-1 nonimmigrants in
speciality occupations and as fashion models will permit DOL to meet
its statutory responsibilities for program administration, management,
and oversight.
Agency: Employment and Training Administration.
Title: Welfare to Work (WtW), Employment & Training Administration,
monitoring guide.
OMB Number: 1205-ONEW.
Agency Number: None.
Frequency: Annually.
Affected Public: State, Local, or Tribal Governments; Business or
other for-profit; Not-for-profit institutions.
Number of Respondents: 184.
Estimated Time per Respondent: 4 hours.
Total Burden Hours: 828.
Total annualized capital/startup costs: 0.
Total annual costs (operating/maintaining systems or purchasing
services): 0.
Description: The WtW Monitoring and Oversight Guide is solely an
instrument developed to assist the Department of Labor in meeting the
responsibilities of the Secretary for oversight and monitoring WtW
Formula and competitive Grants. This document focuses on WtW program
performance, fiscal accountability, and service strategies and
coordination with other service providers.
Agency: Employment Training Administration.
Title: Standardized Program Information Reporting for Job Training
Partnership Act (JTPA) Titles II and III.
OMB Number: 1205-0321 (revision).
Agency Number: None.
Frequency: Quarterly.
Affected Public: State, Local or Tribal Government.
Number of Respondents: 52.
Total Responses: ETA receives one data set from each of the 52
reporting units. Each of these sets contains one record for each
individual who has terminated from participation in JTPA program
included in the Standardized Program Information Reporting (SPIR)
reporting requirements during the reporting period.
------------------------------------------------------------------------
Average Average
Activity Affected hours per burden
respondents year hours
------------------------------------------------------------------------
Currently Authorized............. ........... ........... 439,365
Change in Record volume.......... 52 310 455,485
Quarterly Reporting.............. 52 30 457,045
New and Revised Data Elements.... 52 80 461,205
Start-up Requirements for Wage
Records......................... 5 100 461,705
Routine Data Gathering for Wage
Records......................... 5 50 461,955
Decrease in Burden Associated
with Move to Wage............... 5 -1203 455,940
------------------------------------------------------------------------
Total Burden Hours: 454,380.
Total annualized capital/startup costs: 0.
Total annual costs (operating/maintaining systems or purchasing
services): $7,500.
Description: Selected standardized information pertaining to
participants in the Job Training Partnership Act Titles II and III
programs will be collected and reported for the purpose of general
program oversight/evaluation and performance assessment.
Agency: Occupational Safety and Health Administration.
Title: Fire Brigades (29 CFR 1910.156.
OMB Number: 1218-0075 (extension).
Agency Number: None.
Frequency: On Occasion.
Affected Public: Business or other for-profit; Not for-profit
institutions; Federal Government; State, Local or Tribal Government.
Number of Respondents: 1,670.
Estimated Time per Respondent: Varies from five minutes to two
hours.
Total Burden Hours: 172 hours.
Total annualized capital/startup costs: 0.
[[Page 53932]]
Total annual costs (operating/maintaining systems or purchasing
services): 0.
Description: The Occupational Safety and Health Act of 1970 (the
Act) authorizes the promulgation of such health and safety standards as
are necessary or appropriate to provide safe or healthful employment
and places of employment. The statute specifically authorizes
information collection by employers as necessary or appropriate for the
enforcement of the Act or for developing information regarding the
causes and prevention of occupational injuries, illnesses, and
accidents.
Fighting fires as members of a fire brigade presents a significant
risk of harm to employees. In fact, fire fighting continues to be one
of the Nations' most hazardous occupations. The mitigate the risks of
employees fighting fires, OSHA promulgated a standard for fire brigades
in 1980 (29 CFR 1910.156). The Fire Brigade standard does not require
the employer to organize a fire brigade. However, if the employer does
decide to organize a fire brigade, the provisions of the standard must
be met.
There are various types of fire brigades. Some fire brigades merely
monitor and assist in evacuation, others perform incipient fire
fighting, while others perform interior structural fire fighting. The
tasks, responsibility, training, and personal protective equipment
needs differ according to the type of fire brigade organized at the
workplace. Therefore, 1910.156(b)(1) requires the employer to develop
and maintain an organizational statement which defines the type of fire
brigade being organized and describes the functions that the employer
expects the fire brigade to perform.
The use of personal protective equipment and the level of training
is dependent upon the type of fire brigade organized at the workplace.
Consequently, the organizational statement is one of the most important
provisions of the Fire Brigades standard because it must describe the
tasks that the fire brigade members are expected to perform (which in
turn determines the personal protective equipment necessary); and
because it describes the type, amount, and frequency of training
provided to fire brigade members (level of training).
Agency: Occupational Safety and Health Administration.
Title: Construction Crane or Derrick Annual Inspection Record
(Sec. 1926.550(a)(6)).
OMB Number: 1218-0113 (extension).
Agency Number: None.
Frequency: On Occasion.
Affected Public: Business or other for-profit.
Number of Respondents: 32,900.
Estimated Time per Respondent: 3.5 hours.
Total Burden Hours: 115,167 hours.
Total annualized capital/startup costs: 0.
Total annual costs (operating/maintaining systems or purchasing
services): 0.
Description: The construction crane and derrick standard, under
Sec. 1926.550(a)(6), requires that employers perform a thorough annual
inspection of cranes or derricks used in construction, and to record
and maintain the dates and results of the inspections.
Agency: Occupational Safety and Health Administration.
Title: Construction Crane Rating chart Limitations Instructions and
Hand Signal Illustrations (Sec. 1926.550(a)(1) and (2), (4), (16)).
OMB Number: 1218-0115 (extension).
Agency Number: None.
Frequency: On Occasion.
Affected Public: Business or other for-profit.
Number of Respondents: 5,944.
Estimated Time per Respondent: 5 minutes.
Total Burden Hours: 4,966 hours.
Total annualized capital/startup costs: 0.
Total annual costs (operating/maintaining systems or purchasing
services): $333.
Description: The construction crane and derrick standard has
several provisions that require employers to obtain information and
post it on the crane or derrick. The information required under
Sec. 1926.550(a)(1), and (2), (4), (16)) is for rating chart
limitations instructions and hand-signal illustrations.
Agency: Occupational Safety and Health Administration.
Title: Powered Platforms for Building Maintenance (29 CFR 1910.66).
OMB Number: 1218-0121 (extension).
Agency Number: None.
Frequency: Varies (Initially, Annually, Monthly, On Occasion).
Affected Public: Business or other for-profit; Not for-profit
institutions, Federal Government; State, Local or Tribal Government.
Number of Respondents: 51,687.
Estimated Time per Respondent: Varies from 5 minutes to generate,
maintain and disclose records to eight hours to prepare plans (average
2 hours).
Total Burden Hours: 129,763.
Total annualized capital/startup costs: 0.
Total annual costs (operating/maintaining systems or purchasing
services): 0.
Description: The Occupational Safety and Health Act of 1970 (the
Act) authorizes the promulgation of such health and safety standards as
are necessary or appropriate to provide safe or healthful employment
and places of employment. The statute specifically authorizes
information collection by employers as necessary or appropriate for the
enforcement of the Act or for developing information regarding the
causes and prevention of occupational injuries, illnesses, and
accidents.
One of the information collection requirements is for the employer
to develop written work procedures to be used to train employees
(Sec. 1910.66(i)(1)(iv)). The employer would then prepare a
certification record to verify that the training has been given
(Sec. 1910.66(i)(1)(iv)). The written work procedures would address the
operation, safe use, and inspection of powered platforms.
Another information collection requirement is that employers
develop a written emergency action plan for employees who work on
powered platforms at different building sites (Sec. 1910.66(e)(9)).
OSHA believes it is necessary for the employer to prepare for
emergencies so that employees using powered platforms know what actions
are required of them during emergency situations. Employers would also
certify that employees had been trained in the emergency action plan.
OSHA also requires employers to conduct inspections and tests
(Secs. 1910.66(g)(2)(i), (g)(2)(ii), (g)(3)(i), and (g)(5)(iii)) and to
certify that these inspections and tests had been conducted
(Secs. 1910.66(g)(2)(iii), (g)(3)(ii) and (g)(5)(v)). Certification
records are required to show inspections: (1) of the building supports
(once a year); (2) of the equipment used on the platform--the hoist,
control systems, bearings, gears, and governors, for example (as
recommended by the manufacturer or supplier, but at least once a year
inspection and tested as needed); (3) of the installation of the
platform (every 30 days or when used less frequently, before each work
cycle); (4) of the wire rope every month or before being used; and (5)
to demonstrate employee training.
The final group of information collection requirements in the
standard pertains to a number of provisions requiring tags and labels.
Section 1910.66(f)(5)(i)(C) requires a load rating plate to be affixed
to each suspended unit. Section 1910.66(f)(5)(ii)(N) requires the
compartment for an
[[Page 53933]]
emergency electric operating device to be labeled with instructions for
use. Sections 1910.66(f)(7)(vi), 1910.66(f)(7)(vii), and
1910.66(f)(7)(viii) require the attachment of a tag on a suspension
wire rope when it is installed, renewed or resocketed. The information
collected would also be used by OSHA compliance officers to ensure that
employers are complying with the requirements set forth in 29 CFR
1910.66.
Agency: Occupational Safety and Health Administration.
Title: Accident Prevention Tags (29 CFR 1910.145).
OMB Number: 1218-0132 (extension).
Agency Number: None.
Frequency: On occasion.
Affected Public: Business or other for-profit; Not for profit
institutions; Federal Government; State, Local or Tribal Government.
Number of Respondents: 112,000.
Estimated Time per Respondent: 3 minutes.
Total Burden Hours: 5,600.
Total annualized capital/startup costs: 0.
Total annual costs (operating/maintaining systems or purchasing
services): 0.
Description: The Occupational Safety and Health Act of 1970 (the
Act) authorizes the promulgation of such health and safety standards as
are necessary or appropriate to provide safe or healthful employment
and places of employment. The statute specifically authorizes
information collection by employers as necessary or appropriate for the
enforcement of the Act or for developing information regarding the
causes and prevention of occupational injuries, illnesses, and
accidents.
In the standard on Accident Prevention Tags (29 CFR 1910.145),
information concerning the degree of hazard associated with a workplace
condition is used by the employer to select the type of accident tag
(sign) to be used on a workplace hazard. The tag (sign) selected will
identify the workplace hazard and convey the severity of hazard and any
accident prevention instruction to the employee.
Agency: Occupational Safety and Health Administration.
Title: Construction Oxygen and Toxic Test (Sec. 1926.550(a)(11)).
OMB Number: 1218-0054 (extension).
Agency Number: None.
Frequency: On occasion.
Affected Public: Business or other for-profit.
Number of Respondents: 50.
Estimated Time per Respondent: 2 minutes.
Total Burden Hours: 100 hours.
Total annualized capital/startup costs: 0.
Total annual costs (operating/maintaining systems or purchasing
service): $9,000.
Description: The construction standard (Sec. 1926.550(a)(11))
requires employers to keep a record of oxygen and toxic gas tests made
when internal combustion engines of construction cranes or derricks
exhaust into enclosed work spaces.
Agency: Occupational Safety and Health Administration.
Title: Crane or Derrick-Suspended Personal Platforms Used in
Construction Sec. 1926.550(g)(4)(ii)(1)).
OMB Number: 1218-0151 (extension).
Agency Number: None.
Frequency: On occasion.
Affected Public: Business or other for-profit.
Number of Respondents: 2,750.
Estimated Time per Respondent: 5 minutes.
Total Burden Hours: 229 hours.
Total annualized capital/startup costs: 0.
Total annual costs (operating/maintaining systems or purchasing
services: 0.
Description: The standard for crane or derrick-suspended personnel
platforms used in construction (Sec. 1926.550(g)(4)(ii)(1)) requires
that these platforms carry plates or other conspicuous permanent
markings indicating the weight of the platform and its related load
capacity or maximum intended load.
Agency: Occupational Safety and Health Administration.
Title: Storage of Anhydrous Ammonia (29 CFR 1910.111).
OMB Number: 1218-0208 (extension).
Agency Number: None.
Frequency: On occasion.
Affected Public: Business or other for-profit, Farms; State, Local
or Tribal Government.
Number of Respondents: 300.
Estimated Time per Respondent: 5 minutes.
Total Burden Hours: 24.
Total annualized capital/startup costs: 0.
Total annual costs (operating/maintaining systems or purchasing
services: 0.
Description: The standard and Handling of Anhydrous Ammonia
standard requires the identification of anhydrous ammonia containers
and systems through the use of permanent nameplates. The purpose of the
information is to insure that only properly designed and tested
anhydrous ammonia containers and systems are used. This will help to
prevent any accidental release of (employee exposure to) anhydrous
ammonia, which is a highly corrosive and toxic material.
Agency: Occupational Safety and Health Administration.
Title: Logging Operations (29 CFR 1910.266).
OMB Number: 1218-0198 (extension).
Agency Number: None.
Frequency: Varies (Initially, On occasion).
Affected Public: Business or other for-profit; Farm; Not-for-profit
institutions; State, Local or Tribal Governments.
Number of Respondents: 79.200.
Estimated Time per Respondent: Varies from two minutes to 1 hour
and five minutes.
Total Burden Hours: 9,936.
Total annualized capital/startup costs: 0.
Total annual costs (operating/maintaining systems or purchasing
services: 0.
Description: Section 6(b) of the Occupational Safety and Health Act
of 1970 (the Act) authorizes the promulgation of such health and safety
standards as are necessary or appropriate to provide safe or healthful
employment and places of employment. The statute specifically
authorizes information collection by employers as necessary or
appropriate for the enforcement of the Act or for developing
information regarding the causes and prevention of occupational
injuries, illnesses, and accidents.
In the standard Logging Operations, Sec. 1910.266(i)(1) requires an
employer to provide training for each employee, including supervisors,
as soon as possible, but not later than the effective date of this
section for initial training for each current and new employee: prior
to initial assignment for each new employee; whenever the employee is
assigned new work tasks, etc.; and whenever an employee demonstrates
unsafe job performance. Section 1910.266(i)(10)(i) requires an employer
to verify that employees have been trained in the safe performance of
assigned work tasks, first-aid and CPR by preparing written
certification records. Section 1910.266(i)(10)(ii) requires an employer
to maintain the certification records.
Agency: Occupational Safety and Health Administration.
Title: Welding, Cutting and Brazing (29 CFR part 1910).
OMB Number: 1218-0207 (extension).
Agency Number: None.
Frequency: Annually.
[[Page 53934]]
Affected Public: Business or other for-profit; Farms; State, Local
or Tribal Government.
Number of Respondents: 35,307.
Estimated Time per Respondent: 10 minutes.
Total Burden Hours: 6,002.
Total annualized capital/startup costs: 0.
Total annual costs (operating/maintaining systems or purchasing
services): 0.
Description: The Occupational Safety and Health Act of 1970 (the
Act) authorizes the promulgation of such health and safety standards as
are necessary or appropriate to provide safe or healthful employment
and places of employment. The statute specifically authorizes
information collection by employers as necessary or appropriate for the
enforcement of the Act or for developing information regarding the
causes and prevention of occupational injuries, illnesses, and
accidents.
In 29 CFR part 1910, Welding, Cutting and Brazing, the information
to be collected is used by employers and employees whenever resistance
welding is performed. The purpose of the information is to ensure that
employers evaluate hazards associated with resistance welding and
ensure that adequate measures are taken to make the process safe.
Agency: Occupational Safety and Health Administration.
Title: Grain Handling Facilities.
OMB Number: 1218-0206 (extension).
Agency Number: None.
Frequency: Monthly, Annually.
Affected Public: Business or other for-profit.
Number of Respondents: 23,770.
Estimated Time per Respondent: 6 hours.
Total Burden Hours: 138,921.
Total annualized capital/startup costs: 0.
Total annual costs (operating/maintaining systems or purchasing
services): 0.
Description: The requirements are directed toward assuring the
safety of employees through the development of a housekeeping plan,
emergency action plan, use of tags/locks, hot work permits and permits
for entry into grain structures. Certification records are also
required after inspections of mechanical and safety control equipment
of dryers, processing equipment, dust collection equipment and bucket
elevators.
Agency: Occupational Safety and Health Administration.
Title: Construction Posting Requirements--Emergency Numbers and
Floor Load Limits (Secs. 1926.50(f) and 1926.250(a)(2)).
OMB Number: 1218-0093 (extension).
Agency Number: None.
Frequency: Once.
Affected Public: Business or other for-profit.
Number of Respondents: 187,562.
Estimated Time per Respondent: Sec. 1926.50(f) = 2 minutes;
Sec. 1926.250(a)(2) = 5 minutes.
Total Burden Hours: 5.555 hours.
Total annualized capital/startup costs: 0.
Total annual costs (operating/maintaining systems or purchasing
services): 0.
Description: The construction standard for medical services and
first aid (Sec. 1926.50(f)) requires that employers post emergency
phone numbers for medical services at construction sites. The
construction standard for (Sec. 1926.250(a)(2)) requires the posting of
the maximum safe floor load limits and that the limits are not to be
exceeded when materials are stored on that floor.
Agency: Occupational Safety and Health Administration.
Title: Design of Cave in Protective Systems (Sec. 1926.652 (b) and
(c)).
OMB Number: 1218-0137 (extension).
Agency Number: None.
Frequency: On occasion.
Affected Public: Business or other for-profit.
Number of Respondents: 10,000.
Estimated Time per Respondent: Ranges from 0 to 2 hours.
Total Burden Hours: 20,080 hours.
Total annualized capital/startup costs: 0.
Total annual costs (operating/maintaining systems or purchasing
services): $301,300.
Description: In OSHA's construction standard for excavations,
employers are required to protect employees from cave-in hazards by
using one of several protective systems. The information required to be
collected by this standard is used by employers or engineers to design
proper cave-in systems that will support the walls of the excavation or
trench.
Agency: Pension and Welfare Benefits Administration (PWBA).
Title: Alternative Method of Compliance for Certain SEPs pursuant
to 29 CFR 2520.104-49.
OMB Number: 1210-0034 (extension).
Frequency: On occasion.
Affected Public: Business or other for-profit, Not-for-profit
institutions, Individuals or households.
Number of Respondents: 5,533.
Number of Responses : 5,533.
Total Burden Hours: 2,441.
Total Annualized Capital/Startup Costs: $0.
Total Annual Costs (O&M): $29,303.
Description: Section 110 of the Employee Retirement Income Security
Act of 1974 (ERISA) authorizes the Secretary of Labor to prescribe
alternative methods of compliance with the reporting and disclosure
requirements of Title I of ERISA for pension plans, although simplified
employee pensions (SEPs) are established in section 408(k) of the
Internal Revenue Code. This regulation provides an alternative method
of disclosure for sponsors of certain types of SEPs that is easier to
comply with than otherwise required under ERISA.
Agency: Pension and Welfare Benefits Administration (PWBA).
Title: ERISA Summary Annual Report Requirement.
OMB Number: 1210-0040 (extension).
Frequency: On occasion.
Affected Public: Business or other for-profit, Not-for-profit
institutions, Individuals or households.
Number of Respondents: 817,000.
Number of Responses: 235,000,000.
Total Burden Hours: 1,929,620.
Total Annualized Capital/Startup Costs: $0.
Total Annual Costs (O&M): $127,725,530.
Description: ERISA section 104(b)(3) and regulations at 29 CFR
2520.104b-10 requires employee benefit plans to furnish a summary of
the plan's annual report to participants and beneficiaries for purposes
of disclosure of basic financial information.
Agency: Pension and Welfare Benefits Administration (PWBA).
Title: Suspension of Pension Benefits Regulation Pursuant to 29 CFR
Sec. 2530.203-3.
OMB Number: 1210-0048 (extension).
Frequency: On occasion.
Affected Public: Business or other for-profit, Not-for profit
institutions, Individuals or households.
Number of Respondents: 74,000.
Number of Responses: 75,401.
Total Burden Hours: 14,344.
Total Annualized Capital/Startup Costs: $0.
Total Annual Costs (O&M): 61,828.
Description: Section 203 (a)(3)(B) of the Employee Retirement
Income Security Act (ERISA) and regulations thereunder govern the
circumstances under which pension plans may suspend pension benefit
payments to retirees that return to work, or of participants that
continue to work beyond normal retirement age.
Agency: Pension and Welfare Benefits Administration (PWBA).
Title: ERISA Claims Procedure Regulation.
[[Page 53935]]
OMB Number: 1210-0053 (extension).
Frequency: On occasion.
Affected Public: Business or other for-profit, Not-for-profit
Institutions, Individuals or households.
Number of Respondents: 6,690,345.
Number of Responses: 63,317,000.
Total Burden Hours: 496.000.
Total Annual costs (O&M): $53,710,000.
Description: This regulation (29 CFR Sec. 2560.503-1) establishes
certain minimum requirements for employee benefit plan procedures
pertaining to claims by participants and beneficiaries for plan
benefits, consideration of such claims, and review of claim denials.
Agency: Pension and Welfare Benefits Administration (PWBA).
Title: Class Exemption 86-128 for Certain Transactions Involving
Employee Benefit Plans and Securities Broker-Dealers.
OMB Number: 1210-0059 (extension).
Frequency: On occasion.
Affected Public: Business or other for-profit, Not-for-profit
institutions, Individuals or households.
Number of Respondents: 165,500.
Number of Responses: 289,625.
Total Burden Hours: 65,510.
Total Annualized Capital/Startup Costs: $0.
Total Annual Costs (O&M): $211,012.
Description: Class Exemption 81-128 permits persons who serve as
fiduciaries for employee benefit plans to effect or execute securities
transactions on behalf of employee benefit plans. The exemption also
allows sponsors of pooled separate accounts and other pooled investment
funds to use their affiliates to effect or execute securities
transactions for such accounts in order to recapture brokerage
commissions for benefit of employee benefit plans.
Agency: Pension and Welfare Benefits Administration (PWBA).
Title: Class Exemption 77-4 for Certain transactions between
Investment Companies and Employee Benefit Plans.
OMB Number: 1210-0049 (extension).
Frequency: On occasion.
Affected Public: Business or other for-profit, Not-for-profit
institutions, Individuals or household.
Number of Respondents: 414.
Number of Responses: 77,633.
Total Burden Hours: 6,676.
Total Annualized Capital/Startup Costs: $0.
Total Annual Costs (O&M): $0.
Description: Class Exemption 77-4 permits the purchase and sale by
an employee benefit plan of shares of an open-end investment company
(mutual fund) when a fiduciary with respect to the plan (e.g.,
investment manager) is also the investment advisor for the investment
company. In absence of the exemption, certain aspects of these
transactions might be prohibited by section 406 of the Employee
Retirement Income Security Act (ERISA).
Agency: Pension and Welfare Benefits Administration (PWBA).
Title: Procedure for Application for Exemption from the Prohibited
Transaction Provisions of Section 408(a) of the Employee Retirement
Income Security Act (ERISA).
OMB Number: 1210-0060 (extension).
Frequency: On occasion.
Affected Public: Business or other for-profit, Not-for-profit
institutions, Individuals or households.
Number of Respondents: 167.
Number of Responses: 167.
Total Burden Hours. 0.
Total Annualized Capital/Startup Costs: $0.
Total Annual Costs (O&M): $141,892.
Description: Section 408(a) of the Employee Retirement Income
Security Act of 1974 (ERISA) authorizes the Secretary of Labor to grant
exemptions from the prohibited transaction provisions of sections 406
and 407(a) of ERISA and directs the Secretary to establish an exemption
procedure with respect to such provisions. This regulation provides
this procedure which requires applicants for exemption to make certain
disclosures to the Department of Labor and participants and
beneficiaries.
Agency: Pension and Welfare Benefits Administration (PWBA).
Title: Class Exemption 81-8 for Investment of Plan Assets in
Certain Types of Short-Term Investments.
OMB Number: 1210-0061 (extension).
Frequency: On occasion.
Affected Public: Business or other for-profit, Not-for-profit
institutions, Individuals or households.
Number of Respondents: 25,600.
Number of Responses: 128,000.
Total Burden Hours: 21,333.
Total Annualized Capital/Startup Costs: $0.
Total Annual Costs (O&M): $0.
Description: Class Exemption 81-8 permits the investment of plan
assets which involve the purchase or other acquisition, holding, sale,
exchange or redemption by or on the behalf of an employee benefit plan
of certain types of short-term investments. In absence of the
exemption, certain aspects of these transactions might be prohibited by
section 406 of the Employee Retirement Income Security Act (ERISA).
Agency: Pension and Welfare Benefits Administration (PWBA).
Title: Class Exemption 82-63.
OMB Number: 1210-0062 (extension).
Frequency: On occasion.
Affected Public: Business or other for-profit, Not-for-profit
institutions, Individuals or households.
Number of Respondents: 25,600.
Number of Responses: 51,200.
Total Burden Hours: 4,267.
Total Annualized Capital/Startup Costs: $0.
Total Annual Costs (O&M): $0.
Description: Class Exemption 81-8 permits the payment of
compensation to fiduciaries for the provision to plans of securities
lending services. In the absence of this exemption, certain
compensation arrangements would be prohibited under section 406 of the
Employee Retirement Income Security Act (ERISA).
Agency: Pension and Welfare Benefits Administration (PWBA).
Title: Prohibited Transaction Class Exemption 92-6.
OMB Number: 1210-0063 (extension).
Frequency: On occasion.
Affected Public: Business or other for-profit, Not-for-profit
institutions, Individuals or households.
Number of Respondents: 7,656.
Number of Responses: 7,656.
Total Burden Hours: 1,276.
Total Annualized Capital/Startup Costs: $0.
Total Annual Costs (O&M): $0.
Description: This class exemption exempts from the prohibited
transaction provisions of the Employee Retirement Income Security Act
(ERISA), the sale of individual life insurance or annuity contracts by
a plan to participants, relatives of participants, employers, any of
whose employees are covered by the plan, other employee benefit plans,
owner-employees, or shareholder-employees, for the cash surrender value
of the contracts, provided certain conditions set forth in the
exemption are met.
Agency: Pension and Welfare Benefits Administration (PWBA).
Title: Prohibited Transaction Class Exemption 81-6.
OMB Number: 1210-0065 (extension).
Frequency: On occasion.
Affected Public: Business or other for-profit, Not-for-profit
institutions, Individuals or households.
Number of Respondents: 25,600.
Number of Responses: 51,200.
Total Burden Hours: 4,267.
Total Annualized Capital/Startup Costs: $0.
Total Annual Costs (O&M): $0.
Description: This class exemption permits an employee benefit plan
to lend securities to a broker dealer registered under the Securities
Act of
[[Page 53936]]
1934 or to a bank, provided certain conditions are met. In the absence
of this exemption, certain aspects of these transactions might be
prohibited under section 406 of the Employee Retirement Income Security
Act (ERISA)
Agency: Pension and Welfare Benefits Administration (PWBA).
Title: Prohibited Transaction Class Exemption T88-1.
OMB Number: 1210-0074 (extension).
Frequency: On occasion.
Affected Public: Business or other for-profit, Not-for-profit
institutions, Individuals or households.
Number of Respondents: 1.
Number of Responses: 1.
Total Burden Hours: 1.
Total Annualized Capital/Startup Costs: $0.
Total Annual Costs (O&M): $0.
Description: Prohibited Transaction Class Exemption T88-1 adopts,
for purposes of the prohibited transaction provisions of section
8477(c)(2) of the Federal Employees' Retirement System Act of 1986
(FERSA), certain prohibited transaction class exemptions granted
pursuant to section 408(a) of ERISA.
Agency: Pension and Welfare Benefits Administration (PWBA).
Title: Final Regulation Relating to Loans to Plan Participants and
Beneficiaries who are Parties in Interest with Respect to the Plan.
OMB Number: 1210-0076 (extension).
Frequency: On occasion.
Affected Public: Business or other for-profit, Not-for-profit
institutions, Individuals or households.
Number of Respondents: 1,232.
Number of Responses: 1,232.
Total Burden Hours: 1.
Total Annualized Capital/Startup Costs: $0.
Total Annual Costs (O&M): $277,200.
Description: This regulation (29 CFR 2550.408b-1) sets out the
terms of Section 408(b)(1) of the Employee Retirement Income Security
Act (ERISA), under which loans from a plan to participants and
beneficiaries who are parties in interest are permitted. For purposes
of this information collection the regulation clarifies the ``specific
provisions'' regarding such loans that must be set forth in the plan.
Agency: Pension and Welfare Benefits Administration (PWBA).
Title: Prohibited Transaction Class Exemption 91-55.
OMB Number: 1210-0079 (extension).
Frequency: On occasion.
Affected Public: Business or other for-profit, Not-for-profit
institutions, Individuals or households.
Number of Respondents: 5.
Number of Responses: 5.
Total Burden Hours: 36,666.
Total Annualized Capital/Startup Costs: $0.
Total Annual Costs (O&M): $0.
Description: This class exemption permits purchases and sales by
certain ``individual retirement accounts,'' of American Eagle bullion
coins (Coins) in principal transactions from or to broker-dealers in
Coins which are authorized purchasers of coins dealers of Coins in bulk
quantities from the U.S. Mint and which are also ``disqualified
persons,'' within the meaning of Code section 4975(e) with respect to
IRAs.
Agency: Pension and Welfare Benefits Administration (PWBA).
Title: ERISA Technical Release 91-1.
OMB Number: 1210-0084 (extension).
Frequency: On occasion.
Affected Public: Business or other for-profit, Not-for-profit
institutions, Individuals or households.
Number of Respondents: 36.
Number of Responses: 36.
Total Burden Hours: 3,136.
Total Annualized Capital/Startup Costs: $0.
Total Annual Costs (O&M): $45,880.
Description: ERISA Technical Release 9101 alerts the public to
amendments to section 101(e) of ERISA which, among other things,
require that a plan provide advance written notification to the
Secretaries of Labor and Treasury, as well as participants and
beneficiaries, of an intended transfer of excess assets from a defined
benefit plan to a retiree health account as otherwise permissible after
satisfying the conditions set forth in section 420 of the Internal
Revenue Code.
Agency: Pension and Welfare Benefits Administration (PWBA).
Title: Delinquent Filer Voluntary Compliance Program.
OMB Number: 1210-0089 (extension).
Frequency: On occasion.
Affected Public: Business or other for-profit, Not-for-profit
institutions.
Number of Respondents: 3,100.
Number of Responses: 3,100.
Total Burden Hours: 109.
Total Annualized Capital/Startup Costs: $0.
Total Annual Costs (O&M): $74,384.50.
Description: The Delinquent Filer Voluntary Compliance Program is
intended to encourage, through the assessment of reduced civil
penalties, delinquent plan administrators to voluntarily comply with
their annual reporting obligations under Title I of ERISA.
Agency: Pension and Welfare Benefits Administration (PWBA).
Title: Regulation Regarding Participant Directed Individual Account
Plans (ERISA section 404(c) Plans).
OMB Number: 1210-0090 (extension).
Frequency: On occasion.
Affected Public: Business or other for-profit, Not-for-profit
institutions, Individuals or households.
Number of Respondents: 165,600.
Number of Responses: 20,000,000.
Total Burden Hours: 79,261.
Total Annualized Capital/Startup Costs: $0.
Total Annual Costs (O&M): $8,156,344.
Description: ERISA section 404(c) provides that where a pension
plan with the individual accounts permits a participant or beneficiary
(P or B) to exercise control over assets in his account and the P or B
does so, that the P or B will not be deemed to be a fiduciary by such
actions, and that no person otherwise a fiduciary shall be liable for
any loss or breach which results from this exercise of control, if
certain conditions are met.
Agency: Pension and Welfare Benefits Administration (PWBA).
Title: Prohibited Transaction Class Exemption 94-71.
OMB Number: 1210-0091 (extension).
Frequency: On occasion.
Affected Public: Business or other for-profit, Not-for-profit
institutions, Individuals or households.
Number of Respondents: 5.
Number of Responses: 5.
Total Burden Hours: 88.
Total Annualized Capital/Startup Costs: 0.
Total Annual Costs (O&M): $1,000.
Description: Prohibited Transaction Class Exemption 94-71 exempts
from the restrictions of sections 406(a)(1)(A)-(D), 406(a)(2),
406(b)(1) and 406(b)(2) of the Employee Retirement Income Security Act
(ERISA) (and the taxes imposed by section 4975(c)(1))(A)-(E) of the
Internal Revenue Code) a transaction or activity which is authorized,
prior to the occurrence of such transaction or activity, by a
settlement agreement resulting from an investigation of an employee
benefit plan conducted by the Department under the authority of section
504(a) of ERISA.
Agency: Pension and Welfare Benefits Administration (PWBA).
Title: Prohibited Transaction Class Exemption 85-68 to Permit
Employee Benefit Plans to Invest in Customer Notes of Employers.
OMB Number: 1210-0094 (extension).
Frequency: On occasion.
Affected Public: Business or other for-profit, Not-for-profit
institutions, Individuals or households.
Number of Respondents: 1.
Number of Responses: 1.
Total Burden Hours: 1.
[[Page 53937]]
Total Annualized Capital/Startup costs: 0.
Total Annual Costs (O&M): 0.
Description: This class exemption exempts from the prohibited
transaction provisions of the Employee Retirement Income Security Act
(ERISA), certain transactions involving the purchase of customer notes
of an employer by an employee benefit plan.
Agency: Department of Labor, Pension and Welfare Benefits
Administration (PWBA).
Title: Prohibited Transaction Class Exemption 96-62.
OMB Number: 1210-0098 (extension).
Frequency: On occasion.
Affected Public: Business or other for-profit, Not-for-profit
institutions, Individuals or households.
Number of Respondents: 47.
Number of Responses: 1,050.
Total Burden Hours: 1.
Total Annualized Capital/Startup Costs: $0.
Total Annual Costs (O&M): $69,952.
Description: This class exemption permits a plan to seek approval
on an accelerated basis of otherwise prohibited transactions by
providing the Department and interested persons with information
demonstrating that the proposed transaction is substantially similar to
at least two individual exemptions previously granted by the
Department, and presents little, if any, opportunity for abuse or risk
of loss to a plan's participants and beneficiaries.
Agency: The Office of the Solicitor.
Title: Equal Access to Justice Act.
OMB Number: 1225-0013 (extension).
Frequency: On occasion.
Affected Public: Individuals or households; Business or other for-
profit, Not-for-profit institutions, Individuals or households.
Number of Respondents: 10.
Estimated Time per Respondent: 5 hours.
Totlal Burden Hours: 50 hours.
Total Annualized Capital/Startup Costs: 0.
Total Annual Costs (O&M): 0.
Description: The Equal Access to Justice Act provides for payment
of fees and expenses to eligible parties who have prevailed against the
Department in certain administrative proceedings. In order to obtain an
award, the statute and regulations require the filing of an
application.
Todd R. Owen,
Departmental Clearance Officer.
[FR Doc. 98-26884 Filed 10-6-98; 8:45 am]
BILLING CODE 4510-29-M
