[Federal Register Volume 64, Number 150 (Thursday, August 5, 1999)]
[Notices]
[Page 42717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20120]
[[Page 42717]]
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DEPARTMENT OF LABOR
Pension and Welfare Benefits Administration
Proposed Extension of Information Collection Request Submitted
for Public Comment and Recommendations; ERISA Procedure 76-1, Advisory
Opinion Procedure
AGENCY: Pension and Welfare Benefits Administration, DOL.
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
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 included in ERISA Procedure 76-1,
Advisory Opinion Procedure. A copy of the proposed information
collection request (ICR) can be obtained by contacting the individual
listed below in the addresses section of this notice.
DATES: Written comments must be submitted on or before October 4, 1999.
ADDRESSES: Gerald B. Lindrew, Department of Labor, Pension and Welfare
Benefits Administration, 200 Constitution Avenue, NW, Washington, DC
20210, (202) 219-4782, FAX (202) 219-4745 (not toll-free numbers).
SUPPLEMENTARY INFORMATION:
I. Background
Under the Employee Retirement Income Security Act of 1974, 29
U.S.C. 1001 et seq. (ERISA), the Secretary of Labor has
responsibilities for administering reporting, disclosure, fiduciary and
other standards for pension and welfare benefit plans. ERISA Procedure
76-1, Advisory Opinion Procedure (ERISA Procedure) sets forth the
administrative procedures to be used by the public (e.g., plan
administrators) when requesting a legal interpretation from the
Department regarding specific facts and circumstances (an advisory
opinion). The ERISA Procedure informs individuals, organizations, and
their authorized representatives of the procedures to be followed when
requesting an advisory opinion. The ERISA Procedure promotes efficient
handling of these requests. The information required by the ERISA
Procedure is used by the Department to determine the substance of the
response and to determine whether the Department's response should be
in the form of an advisory opinion or information letter. Advisory
opinions and information letters issued under this ERISA Procedure help
fiduciaries, employers, and other interested parties understand a
particular provision of the law and promote compliance with ERISA.
Advisory opinions are also useful to the Department as a means of
clarifying Departmental policy on certain issues.
II. Review Focus
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.
III. Current Actions
The Office of Management and Budget's approval of this ICR will
expire on November 30, 1999. The existing collection of information
should be continued because the individuals or organizations affected
directly or indirectly by ERISA from time to time need legal
interpretations from the Department as to their status under ERISA and
as to the effect of certain actions and transactions. Requests for
advisory opinions are voluntary. The information is used by the
Department to determine the substance of the response and to determine
whether the Department's response should be in the form of an advisory
opinion or information letter.
Agency: Department of Labor, pension and Welfare Benefits
Administration.
Title: ERISA Procedure 76-1, Advisory Opinion Procedure.
Type of Review: Extension of a currently approved collection.
OMB Number: 1210-0066.
Affected Public: Business or other for-profit, Not-for-profit
institutions, Individuals or households.
Total Respondents: 83.
Total Responses: 83.
Frequency of Response: On occasion.
Average Time Per Response: 12\2/3\ hours.
Estimated Total Burden Hours: 101 hours.
Total Burden Cost (Operating and Maintenance): $87,883.
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: July 29, 1999.
Gerald B. Lindrew,
Deputy Director, Pension and Welfare Benefits Administration, Office of
Policy and Research.
[FR Doc. 99-20120 Filed 8-4-99; 8:45 am]
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