[Federal Register Volume 63, Number 125 (Tuesday, June 30, 1998)]
[Notices]
[Pages 35613-35614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17346]
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DEPARTMENT OF LABOR
Pension and Welfare Benefits Administration
Proposed Extension of Information Collection Request Submitted
for Public Comment and Recommendations; Prohibited Transaction
Exemption 96-62
ACTION: Notice.
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SUMMARY: The Department of Labor, as part of its continuing effort to
reduce paperwork and respondent burden, provides the general public and
Federal agencies with an opportunity to comment on proposed and/or
continuing collections of information in accordance with the Paperwork
[[Page 35614]]
Reduction Act of 1995 (PRA 95) (44 U.S.C. 3506(c)(2)(A)). This program
helps to ensure that requested data can be provided in the desired
format, reporting burden (time and financial resources) is minimized,
collection instruments are clearly understood, and the impact of
collection requirements on respondents can be properly assessed.
Currently, the Pension and Welfare Benefits Administration is
soliciting comments concerning the proposed extension of a currently
approved collection of information, Prohibited Transaction Exemption
96-62, the expedited process for approval of exemptions. A copy of the
proposed information collection request (ICR) can be obtained by
contacting the individual listed below in the contract section of this
notice.
DATES: Written comments must be submitted on or before August 31, 1998.
The Department of Labor (Department) 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, 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 submissions of responses.
ADDRESSES: Gerald B. Lindrew, Department of Labor, Pension and Welfare
Benefits Administration, 200 Constitution Avenue, NW, Washington, DC
20210, (202) 219-4782 (not a toll-free number), FAX (202) 219-4745.
SUPPLEMENTARY INFORMATION:
Background
Section 408(a) of the Employee Retirement Income Security Act of
1974 (ERISA) provides that the Secretary of Labor may 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. On July 31, 1996, the Department
published Prohibited Transaction Exemption 96-62, pursuant to the
exemption procedure set forth in 29 CFR 2570, subpart B. This class
exemption permits a plan to engage in a transaction which might
otherwise be prohibited following a demonstration to the Department
that the transaction: (1) is substantially similar to those described
in at least two prior individual exemptions granted by the Department,
and (2) presents little, if any, opportunity for abuse or risk of loss
to a plan's participants and beneficiaries. Under the class exemption,
a party may proceed with a transaction in as little as 78 days from the
acknowledgement of receipt by the Department of a written submission
filed in accordance with the terms of the class exemption. This ICR
includes the information required to be included in this submission,
and the notice to interested parties which is required under the class
exemption.
II. Current Action
Beacause this ICR is intended to provide the Department with
sufficient information to support a finding that the exemption meets
the statutory standards of section 408(a) of ERISA, and to provide
affected parties with the opportunity to comment on the proposed
transaction, while at the same time reducing the regulatory burden
associated with processing individual exemptions for transactions
prohibited under ERISA, the Department intends to request an extension
of this ICR beyond its September 30, 1998 expiration date.
Type of Review: Extension.
Agency: Department of Labor, Pension and Welfare Benefits
Administration.
Title: Prohibited Transaction Exemption 96-62.
OMB Number: 1210-0098.
Affected Public: Business or other for-profit, Not-for-profit
institutions, Individuals.
Total Respondents: 45.
Frequency: On occasion.
Estimated Total Burden Hours: 1.
Comments submitted in response to this notice will be summarized
and/or included in the request for Office of Management and Budget
approval of the information collection request; they will also become a
matter of public record.
Dated: June 25, 1998.
Gerald B. Lindrew,
Deputy Director, Pension and Welfare Benefits Administration, Office of
Policy and Research.
[FR Doc. 98-17346 Filed 6-9-98; 8:45 am]
BILLING CODE 4510-29-M