80_FR_34812 80 FR 34696 - Proposed Extension of Information Collection Requests Submitted for Public Comment

80 FR 34696 - Proposed Extension of Information Collection Requests Submitted for Public Comment

DEPARTMENT OF LABOR
Employee Benefits Security Administration

Federal Register Volume 80, Issue 116 (June 17, 2015)

Page Range34696-34701
FR Document2015-14837

The Department of Labor (the Department), in accordance with the Paperwork Reduction Act of 1995 (PRA 95) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. The Employee Benefits Security Administration (EBSA) is soliciting comments on the proposed extension of the information collection requests (ICRs) contained in the documents described below. A copy of the ICRs may be obtained by contacting the office listed in the ADDRESSES section of this notice. ICRs also are available at reginfo.gov (http:// www.reginfo.gov/public/do/PRAMain).

Federal Register, Volume 80 Issue 116 (Wednesday, June 17, 2015)
[Federal Register Volume 80, Number 116 (Wednesday, June 17, 2015)]
[Notices]
[Pages 34696-34701]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14837]


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DEPARTMENT OF LABOR

Employee Benefits Security Administration


Proposed Extension of Information Collection Requests Submitted 
for Public Comment

AGENCY: Employee Benefits Security Administration, Department of Labor.

ACTION: Notice.

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SUMMARY: The Department of Labor (the Department), in accordance with 
the Paperwork Reduction Act of 1995 (PRA 95) (44 U.S.C. 3506(c)(2)(A)), 
provides the general public and Federal agencies with an opportunity to 
comment on proposed and continuing collections of information. This 
helps the Department assess the impact of its information collection 
requirements and minimize the public's reporting burden. It also helps 
the public understand the Department's information collection 
requirements and provide the requested data in the desired format. The 
Employee Benefits Security Administration (EBSA) is soliciting comments 
on the proposed extension of the information collection requests (ICRs) 
contained in the documents described below. A copy of the ICRs may be 
obtained by contacting the office listed in the ADDRESSES section of 
this notice. ICRs also are available at reginfo.gov (http://www.reginfo.gov/public/do/PRAMain).

DATES: Written comments must be submitted to the office shown in the 
Addresses section on or before August 17, 2015.

ADDRESSES: G. Christopher Cosby, Department of Labor, Employee Benefits 
Security Administration, 200 Constitution Avenue NW., Room N-5718, 
Washington, DC 20210, cosby.chris@dol.gov, (202) 693-8410, FAX (202) 
693-4745 (these are not toll-free numbers).

SUPPLEMENTARY INFORMATION: This notice requests public comment on the 
Department's request for extension of the Office of Management and 
Budget's (OMB) approval of ICRs contained in the rules and prohibited 
transactions described below. The Department is not proposing any 
changes to the existing ICRs at this time. An agency may not conduct or 
sponsor, and a person is not required to respond to, an information 
collection unless it displays a valid OMB control number. A summary of 
the ICRs and the current burden estimates follows:

    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Settlement Agreements between a Plan and Party in Interest.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0091.
    Affected Public: Businesses or other for-profits.
    Respondents: 4.
    Responses: 1,080.
    Estimated Total Burden Hours: 30.
    Estimated Total Burden Cost (Operating and Maintenance): $335.
    Description: Section 408(a) of ERISA and section 4975(c)(2) of the 
Internal Revenue Code of 1986 (the Code) give the Secretary of Labor 
the authority to grant an exemption to a class or order of fiduciaries, 
disqualified persons, or transactions from all or part of the 
restrictions imposed by sections 406 and 407(a) of ERISA and from the 
taxes imposed by sections 4975(a) and (b) of the Code, by reason of 
section 4975(c)(1) of the Code. This information collection request 
(ICR) relates to two prohibited transaction class exemptions (PTEs) 
that the Department of Labor (the Department) has granted, both of 
which involve settlement agreements. These two exemptions are described 
below:
    PTE 94-71. Granted on September 30, 1994, PTE 94-71 exempts from 
certain restrictions of ERISA and certain taxes imposed by the Code, a 
transaction or activity that is authorized, prior to the execution of 
the transaction or activity, by a settlement agreement resulting from 
an investigation of an employee benefit plan conducted by the 
Department.
    PTE 2003-39. Granted on December 31, 2005, PTE 03-39 exempts from 
certain restrictions of ERISA and certain taxes imposed by the Code, 
transactions arising out of the settlement of litigation that involve 
the release of claims against parties in interest in exchange for 
payment by or on behalf of the party in interest, provided that certain 
conditions are met.
    Because both exemptions involve settlement agreements, the 
Department has combined their information collection provisions into 
one ICR and has obtained OMB approval for their paperwork burden. The 
Department believes that the public and the Federal government are both 
best served by allowing the public to review and comment on similar 
exemption provisions in combination. The ICR is scheduled to expire on 
August 31, 2015.

    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Voluntary Fiduciary Correction Program.
    Type of Review: Extension of a currently approved information 
collection.
    OMB Number: 1210-0118.
    Affected Public: Businesses or other for-profits.
    Respondents: 5,760.
    Responses: 119,761.
    Estimated Total Burden Hours: 25,920.
    Estimated Total Burden Cost (Operating and Maintenance): 
$1,174,000.
    Description: This information collection arises from two related 
actions: the Voluntary Fiduciary Correction Program (the VFC Program or 
the Program) and Prohibited Transaction Class Exemption (PTE) 2002-51 
(the Exemption). The Department adopted the Program and the Exemption 
in order to encourage members of the public to voluntarily correct 
transactions that violate (or are suspected of violating) the fiduciary 
or prohibited transaction provisions of the ERISA. Both the Program and 
the Exemption incorporate information collection requirements in order 
to protect participants and beneficiaries

[[Page 34697]]

and enable the Department to oversee the appropriate use of the Program 
and the Exemption. The ICR is scheduled to expire on August 31, 2015.

    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Termination of Abandoned Individual Account Plans.
    Type of Review: Extension of a currently approved collection of 
information,
    OMB Number: 1210-0127.
    Affected Public: Businesses or other for-profits.
    Respondents: 39,330.
    Responses: 3,102,640.
    Estimated Total Burden Hours: 109,800.
    Estimated Total Burden Cost (Operating and Maintenance): 
$1,088,000.
    Description: The abandoned plan initiative includes the following 
actions, which impose the following information collections:
    1. Qualified Termination Administrator (QTA) Regulation: The QTA 
regulation creates an orderly and efficient process by which a 
financial institution that holds the assets of a plan that is deemed to 
have been abandoned may undertake to terminate the plan and distribute 
its assets to participants and beneficiaries holding accounts under the 
plan, with protections and approval of the Department under the 
standards of the regulation. The regulation requires the QTA to provide 
certain notices to the Department, to participants and beneficiaries, 
and to the plan sponsor (or service providers to the plan, if 
necessary), and to keep certain records pertaining to the termination.
    2. Abandoned Plan Terminal Report Regulation: The terminal report 
regulation provides an alternative, simplified method for a QTA to 
satisfy the annual report requirement otherwise applicable to a 
terminating plan by filing a special simplified terminal report with 
the Department after terminating an abandoned plan and distributing the 
remaining assets in the individual account plans to participants and 
beneficiaries.
    3. Terminated Plan Distribution Regulation: The terminated plan 
distribution regulation establishes a safe harbor method by which 
fiduciaries who are terminating individual account pension plans 
(whether abandoned or not) may select an investment vehicle to receive 
account balances distributed from the terminated plan when the 
participant has failed to provide investment instructions. The 
regulation requires the fiduciaries to provide advance notice to 
participants and beneficiaries of how such distributions will be 
invested, if no other investment instructions are provided.
    4. Abandoned Plan Class Exemption: The exemption permits a QTA that 
terminates an abandoned plan under the QTA regulation to receive 
payment for its services from the abandoned plan and to distribute the 
account balance of a participant who has failed to provide investment 
direction into an individual retirement account (IRA) maintained by the 
QTA or an affiliate. Without the exemption, financial institutions 
would be unable to receive payment for services rendered out of plan 
assets without violating ERISA's prohibited transaction provisions and 
would therefore be highly unlikely to undertake the termination of 
abandoned plans. The exemption includes the condition that the QTA keep 
records of the distributions for a period of six years and make such 
records available on request to interested persons (including the 
Department and participants and beneficiaries). If a QTA wishes to be 
paid out of plan assets for services provided prior to becoming a QTA, 
the exemption requires that the QTA enter into a written agreement with 
a plan fiduciary or the plan sponsor prior to receiving payment and 
that a copy of the agreement be provided to the Department.
    5. PTE 2004-16 (Automatic Rollover Exemption): Also included in 
this ICR are the notice and recordkeeping requirements contained in PTE 
2004-16, which permits a pension plan fiduciary that is a financial 
institution and is also the employer maintaining an individual account 
pension plan for its employees to establish, on behalf of its separated 
employees, an IRA at a financial institution that is either the 
employer or an affiliate, which IRA would receive mandatory 
distributions that the fiduciary ``rolls over'' from the plan when an 
employee terminates employment.
    Because all of these regulations and exemptions relate to 
terminating or abandoned plans and/or to distribution and rollover of 
distributed benefits for which no participant investment election has 
been made, the Department has combined the paperwork burden for all of 
these actions into one ICR. In the Department's view, this combination 
allows the public to have a better understanding of the aggregate 
burden imposed on the public for these related regulatory actions. OMB 
approved the ICR under OMB control number 1210-0127, which is scheduled 
to expire on September 30, 2015.

    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: PTE 90-1; Insurance Company Pooled Separate Accounts.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0083.
    Affected Public: Businesses or other for-profits.
    Respondents: 64.
    Responses: 640.
    Estimated Total Burden Hours: 107.
    Estimated Total Burden Cost (Operating and Maintenance): $0.
    Description: PTE 90-1 provides an exemption from certain provisions 
of the Employee Retirement Income Security Act of 1974 (ERISA) relating 
to transactions involving insurance company pooled separate accounts in 
which employee benefit plans participate. Without the exemption, 
sections 406 and 407(a) of ERISA and section 4975(c)(1) of the Internal 
Revenue Code might prohibit a party in interest to a plan from 
furnishing goods or services to an insurance company pooled separate 
account in which the plan has an interest, or prohibit engaging in 
other transactions. Under the exemption, persons who are parties in 
interest to a plan that invests in a pooled separate account, such as a 
service provider, may engage in otherwise prohibited transactions with 
the separate account if the plan's participation in the separate 
account does not exceed specified limits and other conditions are met. 
These other conditions include a requirement that the party in interest 
not be the insurance company, or an affiliate thereof, that holds the 
plan assets in its pooled separate account or other separate account. 
The terms of the transaction to which the exemption is applied must be 
at least as favorable to the pooled separate account as those that 
would be obtained in a separate arms-length transaction with an 
unrelated party, and the insurance company must maintain records of any 
transaction to which the exemption applies for a period of six years. 
This ICR covers this recordkeeping requirement.
    The Department previously submitted this information collection to 
the Office of Management and Budget (OMB) in an ICR that was approved 
under the OMB Control Number 1210-0083. The current approval is 
scheduled to expire on October 31, 2015.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Definition of Plan Assets--Participant Contributions.

[[Page 34698]]

    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0100.
    Affected Public: Businesses or other for-profits.
    Respondents: 1.
    Responses: 251.
    Estimated Total Burden Hours: 8.
    Estimated Total Burden Cost (Operating and Maintenance): $1,088.
    Description: The regulation concerning plan assets and participant 
contributions provides guidance for fiduciaries, participants, and 
beneficiaries of employee benefit plans regarding how participant 
contributions to pension plans must be handled when they are either 
paid to the employer by the participant or directly withheld by the 
employer from the employee's wages for transmission to the pension 
plan. In particular, the regulation sets standards for the timely 
delivery of such participant contributions, including an outside time 
limit for the employer's holding of participant contributions. In 
addition, for those employers who may have difficulty meeting the 
regulation's outside deadlines for transmitting participant 
contribution, the regulation (29 CFR 2510.3-102(d) provides the 
opportunity for the employer to obtain an extension of the time limit 
by providing participants and the Department with a notice that 
contains specified information. The ICR pertains to this notice 
requirement. The Department previously requested review of this 
information collection and obtained approval from the Office of 
Management and Budget (OMB) under OMB control number 1210-0100. That 
approval is scheduled to expire on October 31, 2015.

    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Prohibited Transaction Class Exemption for Cross-Trades of 
Securities by Index and Model-Driven Funds (PTCE 2002-12).
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0115.
    Affected Public: Businesses or other for-profits.
    Respondents: 60.
    Responses: 840.
    Estimated Total Burden Hours: 855.
    Estimated Total Burden Cost (Operating and Maintenance): $528.
    Description: PTE 2002-12 exempts certain transactions that would be 
prohibited under the Employee Retirement Income Security Act of 1974 
(the Act or ERISA) and the Federal Employees' Retirement System Act 
(FERSA), and provides relief from certain sanctions of the Internal 
Revenue Code of 1986 (the Code). The exemption permits cross-trades of 
securities among Index and Model-Driven Funds (Funds) managed by 
managers (Managers), and among such Funds and certain large accounts 
(Large Accounts) that engage such Managers to carry out a specific 
portfolio restructuring program or to otherwise act as a ``trading 
adviser'' for such a program. By removing existing barriers to these 
types of transactions, the exemption increases the incidences of cross-
trading, thereby lowering the transaction costs to plans in a number of 
ways from what they would be otherwise.
    In order for the Department to grant an exemption for a transaction 
or class of transactions that would otherwise be prohibited under 
ERISA, the statute requires the Department to make a finding that the 
exemption is administratively feasible, in the interest of the plan and 
its participants and beneficiaries, and protective of the rights of the 
participants and beneficiaries. To ensure that Managers have complied 
with the requirements of the exemption, the Department has included in 
the exemption certain recordkeeping and disclosure obligations that are 
designed to safeguard plan assets by periodically providing information 
to plan fiduciaries, who generally must be independent from the cross-
trading program. Initially, where plans are not invested in Funds, 
Managers must furnish information to plan fiduciaries about the cross-
trading program, provide a statement that the Manager will have a 
potentially conflicting division of loyalties, and obtain written 
authorization from a plan fiduciary for a plan to participate in a 
cross-trading program. For plans that are currently invested in Funds, 
the Manager must provide annual notices to update the plan fiduciary 
and provide the plan with an opportunity to withdraw from the program. 
For Large Accounts, prior to the cross-trade, the Manager must provide 
information about the cross-trading program and obtain written 
authorization from the fiduciary of a Large Account to engage in cross-
trading in connection with a portfolio restructuring program. Following 
completion of the Large Account's restructuring, information must be 
provided by the Manager about all cross-trades executed in connection 
with a portfolio-restructuring program. Finally, the exemption requires 
that Managers maintain for a period of 6 years from the date of each 
cross-trade the records necessary to enable plan fiduciaries and 
certain other persons specified in the exemption (e.g., Department 
representatives or contributing employers), to determine whether the 
conditions of the exemption have been met.
    EBSA previously submitted the information collection provisions of 
PTE 2002-12 to the Office of Management and Budget (OMB) for review in 
connection with promulgation of the prohibited transaction exemption. 
OMB approved the information collection request (ICR) under OMB Control 
No. 1210-0115. The ICR approval is currently scheduled to expire on 
October 31, 2015.

    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Acquisition and Sale of Trust Real Estate Investment Trust 
Shares by Individual Account Plans Sponsored by Trust Real Estate 
Investment Trusts.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0124.
    Affected Public: Businesses or other for-profits.
    Respondents: 46.
    Responses: 96,600.
    Estimated Total Burden Hours: 4,838.
    Estimated Total Burden Cost (Operating and Maintenance): $251,160.
    Description: PTE 2004-07 exempts from certain prohibited 
transaction restrictions of the Employee Retirement Income Security Act 
of 1974 (ERISA) and from certain taxes imposed by the Internal Revenue 
Code of 1986 (the Code), the acquisition, holding, sale, and 
contribution in kind of publicly traded shares of beneficial interest 
in a real estate investment trust that is structured under State law as 
a business trust (Trust REIT), on behalf of and to individual account 
plans sponsored by the REIT or its affiliates, provided that certain 
conditions are met.
    The exemption allows individual account plans (Plans) established 
by Trust REITS to offer a beneficial interest in the Trust REIT in the 
form of Qualifying REIT Shares, as defined in the exemption, to 
participants in Plans sponsored by the REIT or its employer affiliates, 
to require that employer contributions be used to purchase such shares, 
and to permit ``contributions in kind'' of such shares to these Plans 
by employers.
    The exemption conditions relief on compliance with a number of 
information collection requirements. These information collections are 
to be provided or made available to plan

[[Page 34699]]

participants and fiduciaries in order to inform them about investments 
in Qualifying REIT Shares and the conditions of the exemption 
permitting share transactions. Records sufficient to allow them to 
determine whether the exemption conditions are met must also be 
maintained, and made available to them upon request, for a period of 
six years. These records must also be made available on request to 
employers and employee organizations with employees and members covered 
by a Plan of the Trust REIT or one of its employer affiliates, and to 
authorized employees and representatives of the Department and the 
Internal Revenue Service. EBSA submitted an ICR for the information 
collections in PTE 2004-07 to the Office of Management and Budget (OMB) 
for review and clearance in connection with proposal of the class 
exemption, which was published in the Federal Register on June 3, 2003 
(68 FR 33185). OMB approved the ICR under OMB control number 1210-0124. 
The ICR approval is currently scheduled to expire on October 31, 2015.

    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Notice of Research Exception under the Genetic Information 
Nondiscrimination Act of 2008.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0136.
    Affected Public: Businesses or other for-profits.
    Respondents: 3.
    Responses: 3.
    Estimated Total Burden Hours: 1.
    Estimated Total Burden Cost (Operating and Maintenance): $11.
    Description: The Genetic Information Nondiscrimination Act of 2008 
(GINA), Public Law 110-233, was enacted on May 21, 2008. Title I of 
GINA amended the Employee Retirement Income Security Act of 1974 
(ERISA), the Public Health Service Act (PHS Act), the Internal Revenue 
Code of 1986 (Code), and the Social Security Act (SSA) to prohibit 
discrimination in health coverage based on genetic information. 
Sections 101 through 103 of Title I of GINA prevent employment-based 
group health plans and health insurance issuers in the group and 
individual markets from discriminating based on genetic information, 
and from collecting such information. The interim final regulations, 
which are codified at 29 CFR 2590.702A, only interpret Sections 101 
through 103 of Title I of GINA.
    While GINA does not mandate any specific benefits for health care 
services related to genetic tests, diseases, conditions, or genetic 
services, GINA establishes rules that generally prohibit a group health 
plan and a health insurance issuer in the group market from:
     Increasing the group premium or contribution amounts based 
on genetic information;
     Requesting or requiring an individual or family member to 
undergo a genetic test; and
     Requesting, requiring or purchasing genetic information 
prior to or in connection with enrollment, or at any time for 
underwriting purposes.
    GINA and the interim final regulations (29 CFR 2590.702A(c)(5)) 
provide a research exception to the limitations on requesting or 
requiring genetic testing that allow a group health plan or group 
health insurance issuer to request, but not require, a participant or 
beneficiary to undergo a genetic test if all of the following 
conditions of the research exception are satisfied:
     The request must be made pursuant to research that 
complies with 45 CFR part 46 (or equivalent Federal regulations) and 
any applicable State or local law or regulations for the protection of 
human subjects in research. To comply with the informed consent 
requirements of 45 CFR 46.116(a)(8), a participant must receive a 
disclosure that participation in the research is voluntary, refusal to 
participate cannot involve any penalty or loss of benefits to which the 
participant is otherwise entitled, and the participant may discontinue 
participation at any time without penalty or loss of benefits to which 
the participant is entitled (the Participant Disclosure). The interim 
final regulations provide that when the Participant Disclosure is 
received by participants seeking their informed consent, no additional 
disclosures are required for purposes of the GINA research exception.
     The plan or issuer must make the request in writing and 
must clearly indicate to each participant or beneficiary (or in the 
case of a minor child, to the legal guardian of such beneficiary) to 
whom the request is made that compliance with the request is voluntary 
and noncompliance will have no effect on eligibility for benefits or 
premium or contribution amounts.
     None of the genetic information collected or acquired as a 
result of the research may be used for underwriting purposes.
     The plan or issuer must complete a copy of the ``Notice of 
Research Exception under the Genetic Information Nondiscrimination 
Act'' (the Notice) and provide it to the address specified in its 
instructions. The Notice and instructions are available on the 
Department of Labor's Web site (http://www.dol.gov/ebsa).
    The Participant Disclosure and the Notice are the information 
collection requests (ICRs) contained in the interim final rules. The 
Department previously requested review of this information collection 
and obtained approval from the Office of Management and Budget (OMB) 
under OMB control number 1210-0136. The ICR is scheduled to expire on 
October 31, 2015.

    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Bank Collective Investment Funds; Prohibited Transaction 
Class Exemption 91-38.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0082.
    Affected Public: Businesses or other for-profits, Not-for-profit 
institutions.
    Respondents: 4,200.
    Responses: 4,200.
    Estimated Total Burden Hours: 700.
    Estimated Total Burden Cost (Operating and Maintenance): $0.
    Description: PTE 91-38 provides an exemption from the prohibited 
transaction provisions of the Employee Retirement Income Security Act 
of 1974 (ERISA) for certain transactions between a bank collective 
investment fund and persons who are parties in interest with respect to 
an employee benefit plan. Without the exemption, sections 406 and 
407(a) of ERISA and section 4975(c)(1) of the Internal Revenue Code may 
prohibit transactions between the collective investment fund (CIF) and 
a party in interest to one or more of the employee benefit plans 
participating in the collective investment fund. Under PTE 91-38, a 
collective investment fund generally may engage in transactions with 
parties in interest to a plan that invests in the fund as long as the 
plan's total investment in the fund does not exceed a specified 
percentage of the total assets of the fund. The PTE also contains more 
limited or differently defined relief for funds holding more than the 
specified percentage, for multiemployer plans, and for transactions 
involving employer securities and employer real property. In order to 
ensure that the rights of participants and beneficiaries are protected, 
and that bank collective investment funds can demonstrate compliance 
with the terms of the exemption, the Department requires a bank to 
maintain records regarding the exempted transactions and make them 
available for inspection to specified

[[Page 34700]]

interested persons (including the Department and the Internal Revenue 
Service) on request for a period of six years.
    EBSA previously submitted the information collection provisions of 
PTE 91-38 to the Office of Management and Budget (OMB) for review in an 
ICR that was approved under the OMB Control No. 1210-0082. The current 
approval is scheduled to expire on November 30, 2015.

    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Foreign Currency Transactions; Prohibited Transaction Class 
Exemption 94-20.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0085.
    Affected Public: Businesses or other for-profits, Not-for-profit 
institutions.
    Respondents: 271.
    Responses: 1,355.
    Estimated Total Burden Hours: 226.
    Estimated Total Burden Cost (Operating and Maintenance): $0,
    Description: PTE 94-20 permits the purchase and sale of foreign 
currencies between an employee benefit plan and a bank, broker-dealer, 
or an affiliate thereof, that is a trustee, custodian, fiduciary, or 
other party in interest with respect to the plan. The exemption is 
available provided that the transaction is directed (within the meaning 
of section IV(e) of the exemption) by a plan fiduciary that is 
independent of the bank, broker-dealer, or affiliate and all other 
conditions of the exemption are satisfied. Without this exemption, 
certain aspects of these transactions might be prohibited by section 
406(a) of ERISA. To protect the interests of participants and 
beneficiaries of the employee benefit plan, the exemption requires that 
the party wishing to take advantage of the exemption (1) develop 
written policies and procedures applicable to trading in foreign 
currencies on behalf of an employee benefit plan; (2) provide a written 
confirmation with respect to each transaction in foreign currency to 
the independent plan fiduciary, disclosing specified information; and 
(3) maintain records pertaining to the transaction for a period of six 
years. This ICR relates to the foregoing disclosure and recordkeeping 
requirements.Show citation box
    EBSA previously submitted the information collection provisions of 
PTE 94-20 to the Office of Management and Budget (OMB) for review in 
connection with promulgation of the prohibited transaction exemption. 
OMB approved the information collection request (ICR) under OMB Control 
No. 1210-0085. The ICR approval is currently scheduled to expire on 
November 30, 2015.

    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Prohibited Transaction Class Exemption 97-41; Collective 
Investment Funds Conversion Transactions.
    Type of Review: Extension of a currently approved collection of 
information,
    OMB Number: 1210-0104.
    Affected Public: Businesses or other for-profits.
    Respondents: 50.
    Responses: 105.
    Estimated Total Burden Hours: 1,760.
    Estimated Total Burden Cost (Operating and Maintenance): $356,000.
    Description: Prohibited Transaction Exemption (PTE) 97-41 provides 
an exemption from the prohibited transaction provisions of the 
Employment Retirement Income Security Act of 1974 (ERISA) and from 
certain taxes imposed by the Internal Revenue Code of 1986. The 
exemption permits employee benefit plans to purchase shares of one or 
more open-end investment companies (funds) registered under the 
Investment Advisers Act of 1940 by transferring in-kind, to the 
investment company, assets of the plan that are part of a collective 
investment fund (CIF) maintained by a bank or plan advisor that is both 
a fiduciary of the plan and an investment advisor to the investment 
company offering the fund.
    The exemption requires that an independent fiduciary receive 
advance written notice of any covered transaction, as well as specific 
written information concerning the funds to be purchased. The 
independent fiduciary must also provide written advance approval of 
conversion transactions and receive written confirmation of each 
transaction, as well as additional on-going disclosures as defined in 
PTE 97-41. These disclosures are the basis for this ICR.
    EBSA previously submitted the information collection provisions of 
PTE 97-41 to the Office of Management and Budget (OMB) for review in 
connection with promulgation of the prohibited transaction exemption. 
OMB approved the information collection request (ICR) under OMB Control 
No. 1210-0104. The ICR approval is currently scheduled to expire on 
November 30, 2015.

    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Employee Retirement Income Security Act Summary Annual 
Report Requirement.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0040.
    Affected Public: Businesses or other for-profits.
    Respondents: 746,000.
    Responses: 169,000,000.
    Estimated Total Burden Hours: 2,300,000.
    Estimated Total Burden Cost (Operating and Maintenance): 
$58,300,000.
    Description: Section 104(b)(3) of ERISA and the regulation 
published at 29 CFR 2520.104b-10 require, with certain exceptions, that 
administrators of employee benefit plans furnish annually to each 
participant and certain beneficiaries a summary annual report (SAR) 
meeting the requirements of the statute and regulation. The regulation 
prescribes the content and format of the SAR and the timing of its 
delivery. The SAR provides current information about the plan and 
assists those who receive it in understanding the plan's current 
financial operation and condition. It also explains participants' and 
beneficiaries' rights to receive further information on these issues.
    EBSA previously submitted the information collection provisions in 
the regulation at 29 CFR 2520.104b-10 to the Office of Management and 
Budget (OMB) for review in an information collection request (ICR). OMB 
approved the ICR under OMB Control No. 1210-0040. The ICR approval is 
scheduled to expire on December 31, 2015.

Focus of Comments

    The Department is particularly interested in comments that:
     Evaluate whether the collections of information are 
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 
collections 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., by 
permitting electronic submissions of responses.
    Comments submitted in response to this notice will be summarized 
and/or

[[Page 34701]]

included in the ICRs for OMB approval of the extension of the 
information collection; they will also become a matter of public 
record.

    Dated: June 11, 2015.
Joseph S. Piacentini,
Director, Office of Policy and Research, Employee Benefits Security 
Administration.
[FR Doc. 2015-14837 Filed 6-16-15; 8:45 am]
 BILLING CODE 4510-29-P



                                                    34696                            Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Notices

                                                    international treaties, conventions, or                     comments on the proposed extension of                  involve settlement agreements. These
                                                    protocols in effect on May 1, 1971. The                     the information collection requests                    two exemptions are described below:
                                                    DEA investigated the company’s                              (ICRs) contained in the documents                         PTE 94–71. Granted on September 30,
                                                    maintenance of effective controls                           described below. A copy of the ICRs                    1994, PTE 94–71 exempts from certain
                                                    against diversion by inspecting and                         may be obtained by contacting the office               restrictions of ERISA and certain taxes
                                                    testing the company’s physical security                     listed in the ADDRESSES section of this                imposed by the Code, a transaction or
                                                    systems, verifying the company’s                            notice. ICRs also are available at                     activity that is authorized, prior to the
                                                    compliance with state and local laws,                       reginfo.gov (http://www.reginfo.gov/                   execution of the transaction or activity,
                                                    and reviewing the company’s                                 public/do/PRAMain).                                    by a settlement agreement resulting
                                                    background and history.                                     DATES: Written comments must be                        from an investigation of an employee
                                                      Therefore, pursuant to 21 U.S.C.                          submitted to the office shown in the                   benefit plan conducted by the
                                                    952(a) and 958(a), and in accordance                        Addresses section on or before August                  Department.
                                                    with 21 CFR 1301.34, the above-named                        17, 2015.                                                 PTE 2003–39. Granted on December
                                                    company is granted registration as an                                                                              31, 2005, PTE 03–39 exempts from
                                                                                                                ADDRESSES: G. Christopher Cosby,
                                                    importer of the basic classes of                                                                                   certain restrictions of ERISA and certain
                                                                                                                Department of Labor, Employee Benefits
                                                    controlled substances:                                                                                             taxes imposed by the Code, transactions
                                                                                                                Security Administration, 200
                                                                                                                Constitution Avenue NW., Room N–                       arising out of the settlement of litigation
                                                            Controlled substance                   Schedule                                                            that involve the release of claims against
                                                                                                                5718, Washington, DC 20210,
                                                                                                                cosby.chris@dol.gov, (202) 693–8410,                   parties in interest in exchange for
                                                    Methylphenidate (1724) ................        II
                                                                                                                FAX (202) 693–4745 (these are not toll-                payment by or on behalf of the party in
                                                    Fentanyl (9801) ............................   II
                                                                                                                free numbers).                                         interest, provided that certain
                                                       The company plans to import the                                                                                 conditions are met.
                                                                                                                SUPPLEMENTARY INFORMATION: This                           Because both exemptions involve
                                                    listed controlled substances in finished                    notice requests public comment on the
                                                    dosage form (FDF) from foreign sources                                                                             settlement agreements, the Department
                                                                                                                Department’s request for extension of                  has combined their information
                                                    for analytical testing and clinical trials                  the Office of Management and Budget’s
                                                    in which the foreign FDF will be                                                                                   collection provisions into one ICR and
                                                                                                                (OMB) approval of ICRs contained in                    has obtained OMB approval for their
                                                    compared to the company’s own                               the rules and prohibited transactions
                                                    domestically-manufactured FDF. This                                                                                paperwork burden. The Department
                                                                                                                described below. The Department is not                 believes that the public and the Federal
                                                    analysis is required to allow the                           proposing any changes to the existing
                                                    company to export domestically-                                                                                    government are both best served by
                                                                                                                ICRs at this time. An agency may not                   allowing the public to review and
                                                    manufactured FDF to foreign markets.                        conduct or sponsor, and a person is not                comment on similar exemption
                                                      Dated: June 11, 2015.                                     required to respond to, an information                 provisions in combination. The ICR is
                                                    Joseph T. Rannazzisi,                                       collection unless it displays a valid                  scheduled to expire on August 31, 2015.
                                                    Deputy Assistant Administrator.                             OMB control number. A summary of the
                                                                                                                                                                          Agency: Employee Benefits Security
                                                    [FR Doc. 2015–14911 Filed 6–16–15; 8:45 am]                 ICRs and the current burden estimates
                                                                                                                                                                       Administration, Department of Labor.
                                                                                                                follows:
                                                    BILLING CODE 4410–09–P                                                                                                Title: Voluntary Fiduciary Correction
                                                                                                                   Agency: Employee Benefits Security                  Program.
                                                                                                                Administration, Department of Labor.                      Type of Review: Extension of a
                                                    DEPARTMENT OF LABOR                                            Title: Settlement Agreements between                currently approved information
                                                                                                                a Plan and Party in Interest.                          collection.
                                                    Employee Benefits Security                                     Type of Review: Extension of a                         OMB Number: 1210–0118.
                                                    Administration                                              currently approved collection of                          Affected Public: Businesses or other
                                                                                                                information.                                           for-profits.
                                                    Proposed Extension of Information                              OMB Number: 1210–0091.                                 Respondents: 5,760.
                                                    Collection Requests Submitted for                              Affected Public: Businesses or other                   Responses: 119,761.
                                                    Public Comment                                              for-profits.                                              Estimated Total Burden Hours:
                                                    AGENCY: Employee Benefits Security                             Respondents: 4.                                     25,920.
                                                    Administration, Department of Labor.                           Responses: 1,080.                                      Estimated Total Burden Cost
                                                    ACTION: Notice.                                                Estimated Total Burden Hours: 30.                   (Operating and Maintenance):
                                                                                                                   Estimated Total Burden Cost                         $1,174,000.
                                                    SUMMARY:   The Department of Labor (the                     (Operating and Maintenance): $335.                        Description: This information
                                                    Department), in accordance with the                            Description: Section 408(a) of ERISA                collection arises from two related
                                                    Paperwork Reduction Act of 1995 (PRA                        and section 4975(c)(2) of the Internal                 actions: the Voluntary Fiduciary
                                                    95) (44 U.S.C. 3506(c)(2)(A)), provides                     Revenue Code of 1986 (the Code) give                   Correction Program (the VFC Program or
                                                    the general public and Federal agencies                     the Secretary of Labor the authority to                the Program) and Prohibited
                                                    with an opportunity to comment on                           grant an exemption to a class or order                 Transaction Class Exemption (PTE)
                                                    proposed and continuing collections of                      of fiduciaries, disqualified persons, or               2002–51 (the Exemption). The
                                                    information. This helps the Department                      transactions from all or part of the                   Department adopted the Program and
                                                    assess the impact of its information                        restrictions imposed by sections 406                   the Exemption in order to encourage
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                                                    collection requirements and minimize                        and 407(a) of ERISA and from the taxes                 members of the public to voluntarily
                                                    the public’s reporting burden. It also                      imposed by sections 4975(a) and (b) of                 correct transactions that violate (or are
                                                    helps the public understand the                             the Code, by reason of section 4975(c)(1)              suspected of violating) the fiduciary or
                                                    Department’s information collection                         of the Code. This information collection               prohibited transaction provisions of the
                                                    requirements and provide the requested                      request (ICR) relates to two prohibited                ERISA. Both the Program and the
                                                    data in the desired format. The                             transaction class exemptions (PTEs) that               Exemption incorporate information
                                                    Employee Benefits Security                                  the Department of Labor (the                           collection requirements in order to
                                                    Administration (EBSA) is soliciting                         Department) has granted, both of which                 protect participants and beneficiaries


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                                                                                 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Notices                                            34697

                                                    and enable the Department to oversee                    advance notice to participants and                        Agency: Employee Benefits Security
                                                    the appropriate use of the Program and                  beneficiaries of how such distributions                Administration, Department of Labor.
                                                    the Exemption. The ICR is scheduled to                  will be invested, if no other investment                  Title: PTE 90–1; Insurance Company
                                                    expire on August 31, 2015.                              instructions are provided.                             Pooled Separate Accounts.
                                                       Agency: Employee Benefits Security                      4. Abandoned Plan Class Exemption:                     Type of Review: Extension of a
                                                    Administration, Department of Labor.                    The exemption permits a QTA that                       currently approved collection of
                                                       Title: Termination of Abandoned                      terminates an abandoned plan under the                 information.
                                                    Individual Account Plans.                               QTA regulation to receive payment for                     OMB Number: 1210–0083.
                                                       Type of Review: Extension of a                       its services from the abandoned plan                      Affected Public: Businesses or other
                                                    currently approved collection of                        and to distribute the account balance of               for-profits.
                                                    information,                                            a participant who has failed to provide                   Respondents: 64.
                                                       OMB Number: 1210–0127.                               investment direction into an individual
                                                                                                                                                                      Responses: 640.
                                                       Affected Public: Businesses or other                 retirement account (IRA) maintained by
                                                                                                            the QTA or an affiliate. Without the                      Estimated Total Burden Hours: 107.
                                                    for-profits.
                                                       Respondents: 39,330.                                 exemption, financial institutions would                   Estimated Total Burden Cost
                                                       Responses: 3,102,640.                                be unable to receive payment for                       (Operating and Maintenance): $0.
                                                       Estimated Total Burden Hours:                        services rendered out of plan assets                      Description: PTE 90–1 provides an
                                                    109,800.                                                without violating ERISA’s prohibited                   exemption from certain provisions of
                                                       Estimated Total Burden Cost                          transaction provisions and would                       the Employee Retirement Income
                                                    (Operating and Maintenance):                            therefore be highly unlikely to                        Security Act of 1974 (ERISA) relating to
                                                    $1,088,000.                                             undertake the termination of abandoned                 transactions involving insurance
                                                       Description: The abandoned plan                      plans. The exemption includes the                      company pooled separate accounts in
                                                    initiative includes the following actions,              condition that the QTA keep records of                 which employee benefit plans
                                                    which impose the following information                  the distributions for a period of six years            participate. Without the exemption,
                                                    collections:                                            and make such records available on                     sections 406 and 407(a) of ERISA and
                                                       1. Qualified Termination                             request to interested persons (including               section 4975(c)(1) of the Internal
                                                    Administrator (QTA) Regulation: The                     the Department and participants and                    Revenue Code might prohibit a party in
                                                    QTA regulation creates an orderly and                   beneficiaries). If a QTA wishes to be                  interest to a plan from furnishing goods
                                                    efficient process by which a financial                  paid out of plan assets for services                   or services to an insurance company
                                                    institution that holds the assets of a plan             provided prior to becoming a QTA, the                  pooled separate account in which the
                                                    that is deemed to have been abandoned                   exemption requires that the QTA enter                  plan has an interest, or prohibit
                                                    may undertake to terminate the plan                     into a written agreement with a plan                   engaging in other transactions. Under
                                                    and distribute its assets to participants               fiduciary or the plan sponsor prior to                 the exemption, persons who are parties
                                                    and beneficiaries holding accounts                      receiving payment and that a copy of                   in interest to a plan that invests in a
                                                    under the plan, with protections and                    the agreement be provided to the                       pooled separate account, such as a
                                                    approval of the Department under the                    Department.                                            service provider, may engage in
                                                    standards of the regulation. The                           5. PTE 2004–16 (Automatic Rollover                  otherwise prohibited transactions with
                                                    regulation requires the QTA to provide                  Exemption): Also included in this ICR                  the separate account if the plan’s
                                                    certain notices to the Department, to                   are the notice and recordkeeping                       participation in the separate account
                                                    participants and beneficiaries, and to                  requirements contained in PTE 2004–                    does not exceed specified limits and
                                                    the plan sponsor (or service providers to               16, which permits a pension plan                       other conditions are met. These other
                                                    the plan, if necessary), and to keep                    fiduciary that is a financial institution              conditions include a requirement that
                                                    certain records pertaining to the                       and is also the employer maintaining an                the party in interest not be the insurance
                                                    termination.                                            individual account pension plan for its                company, or an affiliate thereof, that
                                                       2. Abandoned Plan Terminal Report                    employees to establish, on behalf of its               holds the plan assets in its pooled
                                                    Regulation: The terminal report                         separated employees, an IRA at a                       separate account or other separate
                                                    regulation provides an alternative,                     financial institution that is either the               account. The terms of the transaction to
                                                    simplified method for a QTA to satisfy                  employer or an affiliate, which IRA                    which the exemption is applied must be
                                                    the annual report requirement otherwise                 would receive mandatory distributions                  at least as favorable to the pooled
                                                    applicable to a terminating plan by                     that the fiduciary ‘‘rolls over’’ from the             separate account as those that would be
                                                    filing a special simplified terminal                    plan when an employee terminates                       obtained in a separate arms-length
                                                    report with the Department after                        employment.                                            transaction with an unrelated party, and
                                                    terminating an abandoned plan and                          Because all of these regulations and                the insurance company must maintain
                                                    distributing the remaining assets in the                exemptions relate to terminating or                    records of any transaction to which the
                                                    individual account plans to participants                abandoned plans and/or to distribution                 exemption applies for a period of six
                                                    and beneficiaries.                                      and rollover of distributed benefits for               years. This ICR covers this
                                                       3. Terminated Plan Distribution                      which no participant investment                        recordkeeping requirement.
                                                    Regulation: The terminated plan                         election has been made, the Department                    The Department previously submitted
                                                    distribution regulation establishes a safe              has combined the paperwork burden for                  this information collection to the Office
                                                    harbor method by which fiduciaries                      all of these actions into one ICR. In the              of Management and Budget (OMB) in an
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                                                    who are terminating individual account                  Department’s view, this combination                    ICR that was approved under the OMB
                                                    pension plans (whether abandoned or                     allows the public to have a better                     Control Number 1210–0083. The current
                                                    not) may select an investment vehicle to                understanding of the aggregate burden                  approval is scheduled to expire on
                                                    receive account balances distributed                    imposed on the public for these related                October 31, 2015.
                                                    from the terminated plan when the                       regulatory actions. OMB approved the                      Agency: Employee Benefits Security
                                                    participant has failed to provide                       ICR under OMB control number 1210–                     Administration, Department of Labor.
                                                    investment instructions. The regulation                 0127, which is scheduled to expire on                     Title: Definition of Plan Assets—
                                                    requires the fiduciaries to provide                     September 30, 2015.                                    Participant Contributions.


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                                                    34698                        Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Notices

                                                       Type of Review: Extension of a                       (FERSA), and provides relief from                      years from the date of each cross-trade
                                                    currently approved collection of                        certain sanctions of the Internal                      the records necessary to enable plan
                                                    information.                                            Revenue Code of 1986 (the Code). The                   fiduciaries and certain other persons
                                                       OMB Number: 1210–0100.                               exemption permits cross-trades of                      specified in the exemption (e.g.,
                                                       Affected Public: Businesses or other                 securities among Index and Model-                      Department representatives or
                                                    for-profits.                                            Driven Funds (Funds) managed by                        contributing employers), to determine
                                                       Respondents: 1.                                      managers (Managers), and among such                    whether the conditions of the
                                                       Responses: 251.                                      Funds and certain large accounts (Large                exemption have been met.
                                                       Estimated Total Burden Hours: 8.                     Accounts) that engage such Managers to                    EBSA previously submitted the
                                                       Estimated Total Burden Cost                          carry out a specific portfolio                         information collection provisions of
                                                    (Operating and Maintenance): $1,088.                    restructuring program or to otherwise                  PTE 2002–12 to the Office of
                                                       Description: The regulation                          act as a ‘‘trading adviser’’ for such a                Management and Budget (OMB) for
                                                    concerning plan assets and participant                  program. By removing existing barriers                 review in connection with promulgation
                                                    contributions provides guidance for                     to these types of transactions, the                    of the prohibited transaction exemption.
                                                    fiduciaries, participants, and                          exemption increases the incidences of                  OMB approved the information
                                                    beneficiaries of employee benefit plans                 cross-trading, thereby lowering the                    collection request (ICR) under OMB
                                                    regarding how participant contributions                 transaction costs to plans in a number                 Control No. 1210–0115. The ICR
                                                    to pension plans must be handled when                   of ways from what they would be                        approval is currently scheduled to
                                                    they are either paid to the employer by                 otherwise.                                             expire on October 31, 2015.
                                                    the participant or directly withheld by                    In order for the Department to grant                   Agency: Employee Benefits Security
                                                    the employer from the employee’s                        an exemption for a transaction or class                Administration, Department of Labor.
                                                    wages for transmission to the pension                   of transactions that would otherwise be                   Title: Acquisition and Sale of Trust
                                                    plan. In particular, the regulation sets                prohibited under ERISA, the statute                    Real Estate Investment Trust Shares by
                                                    standards for the timely delivery of such               requires the Department to make a                      Individual Account Plans Sponsored by
                                                    participant contributions, including an                 finding that the exemption is                          Trust Real Estate Investment Trusts.
                                                    outside time limit for the employer’s                   administratively feasible, in the interest                Type of Review: Extension of a
                                                    holding of participant contributions. In                of the plan and its participants and                   currently approved collection of
                                                    addition, for those employers who may                   beneficiaries, and protective of the                   information.
                                                    have difficulty meeting the regulation’s                rights of the participants and                            OMB Number: 1210–0124.
                                                    outside deadlines for transmitting                      beneficiaries. To ensure that Managers                    Affected Public: Businesses or other
                                                    participant contribution, the regulation                have complied with the requirements of                 for-profits.
                                                    (29 CFR 2510.3–102(d) provides the                      the exemption, the Department has                         Respondents: 46.
                                                    opportunity for the employer to obtain                  included in the exemption certain                         Responses: 96,600.
                                                    an extension of the time limit by                       recordkeeping and disclosure                              Estimated Total Burden Hours: 4,838.
                                                    providing participants and the                          obligations that are designed to                          Estimated Total Burden Cost
                                                    Department with a notice that contains                  safeguard plan assets by periodically                  (Operating and Maintenance): $251,160.
                                                    specified information. The ICR pertains                 providing information to plan                             Description: PTE 2004–07 exempts
                                                    to this notice requirement. The                         fiduciaries, who generally must be                     from certain prohibited transaction
                                                    Department previously requested review                  independent from the cross-trading                     restrictions of the Employee Retirement
                                                    of this information collection and                      program. Initially, where plans are not                Income Security Act of 1974 (ERISA)
                                                    obtained approval from the Office of                    invested in Funds, Managers must                       and from certain taxes imposed by the
                                                    Management and Budget (OMB) under                       furnish information to plan fiduciaries                Internal Revenue Code of 1986 (the
                                                    OMB control number 1210–0100. That                      about the cross-trading program,                       Code), the acquisition, holding, sale,
                                                    approval is scheduled to expire on                      provide a statement that the Manager                   and contribution in kind of publicly
                                                    October 31, 2015.                                       will have a potentially conflicting                    traded shares of beneficial interest in a
                                                       Agency: Employee Benefits Security                   division of loyalties, and obtain written              real estate investment trust that is
                                                    Administration, Department of Labor.                    authorization from a plan fiduciary for                structured under State law as a business
                                                       Title: Prohibited Transaction Class                  a plan to participate in a cross-trading               trust (Trust REIT), on behalf of and to
                                                    Exemption for Cross-Trades of                           program. For plans that are currently                  individual account plans sponsored by
                                                    Securities by Index and Model-Driven                    invested in Funds, the Manager must                    the REIT or its affiliates, provided that
                                                    Funds (PTCE 2002–12).                                   provide annual notices to update the                   certain conditions are met.
                                                       Type of Review: Extension of a                       plan fiduciary and provide the plan                       The exemption allows individual
                                                    currently approved collection of                        with an opportunity to withdraw from                   account plans (Plans) established by
                                                    information.                                            the program. For Large Accounts, prior                 Trust REITS to offer a beneficial interest
                                                       OMB Number: 1210–0115.                               to the cross-trade, the Manager must                   in the Trust REIT in the form of
                                                       Affected Public: Businesses or other                 provide information about the cross-                   Qualifying REIT Shares, as defined in
                                                    for-profits.                                            trading program and obtain written                     the exemption, to participants in Plans
                                                       Respondents: 60.                                     authorization from the fiduciary of a                  sponsored by the REIT or its employer
                                                       Responses: 840.                                      Large Account to engage in cross-trading               affiliates, to require that employer
                                                       Estimated Total Burden Hours: 855.                   in connection with a portfolio                         contributions be used to purchase such
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                                                       Estimated Total Burden Cost                          restructuring program. Following                       shares, and to permit ‘‘contributions in
                                                    (Operating and Maintenance): $528.                      completion of the Large Account’s                      kind’’ of such shares to these Plans by
                                                       Description: PTE 2002–12 exempts                     restructuring, information must be                     employers.
                                                    certain transactions that would be                      provided by the Manager about all                         The exemption conditions relief on
                                                    prohibited under the Employee                           cross-trades executed in connection                    compliance with a number of
                                                    Retirement Income Security Act of 1974                  with a portfolio-restructuring program.                information collection requirements.
                                                    (the Act or ERISA) and the Federal                      Finally, the exemption requires that                   These information collections are to be
                                                    Employees’ Retirement System Act                        Managers maintain for a period of 6                    provided or made available to plan


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                                                                                 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Notices                                            34699

                                                    participants and fiduciaries in order to                conditions, or genetic services, GINA                  address specified in its instructions. The
                                                    inform them about investments in                        establishes rules that generally prohibit              Notice and instructions are available on
                                                    Qualifying REIT Shares and the                          a group health plan and a health                       the Department of Labor’s Web site
                                                    conditions of the exemption permitting                  insurance issuer in the group market                   (http://www.dol.gov/ebsa).
                                                    share transactions. Records sufficient to               from:                                                     The Participant Disclosure and the
                                                    allow them to determine whether the                        • Increasing the group premium or                   Notice are the information collection
                                                    exemption conditions are met must also                  contribution amounts based on genetic                  requests (ICRs) contained in the interim
                                                    be maintained, and made available to                    information;                                           final rules. The Department previously
                                                    them upon request, for a period of six                     • Requesting or requiring an                        requested review of this information
                                                    years. These records must also be made                  individual or family member to undergo                 collection and obtained approval from
                                                    available on request to employers and                   a genetic test; and                                    the Office of Management and Budget
                                                    employee organizations with employees                      • Requesting, requiring or purchasing               (OMB) under OMB control number
                                                    and members covered by a Plan of the                    genetic information prior to or in                     1210–0136. The ICR is scheduled to
                                                    Trust REIT or one of its employer                       connection with enrollment, or at any                  expire on October 31, 2015.
                                                    affiliates, and to authorized employees                 time for underwriting purposes.
                                                                                                               GINA and the interim final                             Agency: Employee Benefits Security
                                                    and representatives of the Department                                                                          Administration, Department of Labor.
                                                    and the Internal Revenue Service. EBSA                  regulations (29 CFR 2590.702A(c)(5))
                                                                                                            provide a research exception to the                       Title: Bank Collective Investment
                                                    submitted an ICR for the information                                                                           Funds; Prohibited Transaction Class
                                                                                                            limitations on requesting or requiring
                                                    collections in PTE 2004–07 to the Office                                                                       Exemption 91–38.
                                                                                                            genetic testing that allow a group health
                                                    of Management and Budget (OMB) for                                                                                Type of Review: Extension of a
                                                                                                            plan or group health insurance issuer to
                                                    review and clearance in connection                                                                             currently approved collection of
                                                                                                            request, but not require, a participant or
                                                    with proposal of the class exemption,                                                                          information.
                                                                                                            beneficiary to undergo a genetic test if
                                                    which was published in the Federal                                                                                OMB Number: 1210–0082.
                                                                                                            all of the following conditions of the
                                                    Register on June 3, 2003 (68 FR 33185).                                                                           Affected Public: Businesses or other
                                                                                                            research exception are satisfied:
                                                    OMB approved the ICR under OMB                             • The request must be made pursuant                 for-profits, Not-for-profit institutions.
                                                    control number 1210–0124. The ICR                       to research that complies with 45 CFR                     Respondents: 4,200.
                                                    approval is currently scheduled to                      part 46 (or equivalent Federal                            Responses: 4,200.
                                                    expire on October 31, 2015.                             regulations) and any applicable State or                  Estimated Total Burden Hours: 700.
                                                       Agency: Employee Benefits Security                   local law or regulations for the                          Estimated Total Burden Cost
                                                    Administration, Department of Labor.                    protection of human subjects in                        (Operating and Maintenance): $0.
                                                       Title: Notice of Research Exception                  research. To comply with the informed                     Description: PTE 91–38 provides an
                                                    under the Genetic Information                           consent requirements of 45 CFR                         exemption from the prohibited
                                                    Nondiscrimination Act of 2008.                          46.116(a)(8), a participant must receive               transaction provisions of the Employee
                                                       Type of Review: Extension of a                       a disclosure that participation in the                 Retirement Income Security Act of 1974
                                                    currently approved collection of                        research is voluntary, refusal to                      (ERISA) for certain transactions between
                                                    information.                                            participate cannot involve any penalty                 a bank collective investment fund and
                                                       OMB Number: 1210–0136.                               or loss of benefits to which the                       persons who are parties in interest with
                                                       Affected Public: Businesses or other                 participant is otherwise entitled, and                 respect to an employee benefit plan.
                                                    for-profits.                                            the participant may discontinue                        Without the exemption, sections 406
                                                       Respondents: 3.                                      participation at any time without                      and 407(a) of ERISA and section
                                                       Responses: 3.                                        penalty or loss of benefits to which the               4975(c)(1) of the Internal Revenue Code
                                                       Estimated Total Burden Hours: 1.                     participant is entitled (the Participant               may prohibit transactions between the
                                                       Estimated Total Burden Cost                          Disclosure). The interim final                         collective investment fund (CIF) and a
                                                    (Operating and Maintenance): $11.                       regulations provide that when the                      party in interest to one or more of the
                                                       Description: The Genetic Information                 Participant Disclosure is received by                  employee benefit plans participating in
                                                    Nondiscrimination Act of 2008 (GINA),                   participants seeking their informed                    the collective investment fund. Under
                                                    Public Law 110–233, was enacted on                      consent, no additional disclosures are                 PTE 91–38, a collective investment fund
                                                    May 21, 2008. Title I of GINA amended                   required for purposes of the GINA                      generally may engage in transactions
                                                    the Employee Retirement Income                          research exception.                                    with parties in interest to a plan that
                                                    Security Act of 1974 (ERISA), the Public                   • The plan or issuer must make the                  invests in the fund as long as the plan’s
                                                    Health Service Act (PHS Act), the                       request in writing and must clearly                    total investment in the fund does not
                                                    Internal Revenue Code of 1986 (Code),                   indicate to each participant or                        exceed a specified percentage of the
                                                    and the Social Security Act (SSA) to                    beneficiary (or in the case of a minor                 total assets of the fund. The PTE also
                                                    prohibit discrimination in health                       child, to the legal guardian of such                   contains more limited or differently
                                                    coverage based on genetic information.                  beneficiary) to whom the request is                    defined relief for funds holding more
                                                    Sections 101 through 103 of Title I of                  made that compliance with the request                  than the specified percentage, for
                                                    GINA prevent employment-based group                     is voluntary and noncompliance will                    multiemployer plans, and for
                                                    health plans and health insurance                       have no effect on eligibility for benefits             transactions involving employer
                                                    issuers in the group and individual                     or premium or contribution amounts.                    securities and employer real property.
                                                    markets from discriminating based on                       • None of the genetic information                   In order to ensure that the rights of
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                                                    genetic information, and from collecting                collected or acquired as a result of the               participants and beneficiaries are
                                                    such information. The interim final                     research may be used for underwriting                  protected, and that bank collective
                                                    regulations, which are codified at 29                   purposes.                                              investment funds can demonstrate
                                                    CFR 2590.702A, only interpret Sections                     • The plan or issuer must complete a                compliance with the terms of the
                                                    101 through 103 of Title I of GINA.                     copy of the ‘‘Notice of Research                       exemption, the Department requires a
                                                       While GINA does not mandate any                      Exception under the Genetic                            bank to maintain records regarding the
                                                    specific benefits for health care services              Information Nondiscrimination Act’’                    exempted transactions and make them
                                                    related to genetic tests, diseases,                     (the Notice) and provide it to the                     available for inspection to specified


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                                                    34700                        Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Notices

                                                    interested persons (including the                       approved the information collection                       Title: Employee Retirement Income
                                                    Department and the Internal Revenue                     request (ICR) under OMB Control No.                    Security Act Summary Annual Report
                                                    Service) on request for a period of six                 1210–0085. The ICR approval is                         Requirement.
                                                    years.                                                  currently scheduled to expire on                          Type of Review: Extension of a
                                                       EBSA previously submitted the                        November 30, 2015.                                     currently approved collection of
                                                    information collection provisions of                       Agency: Employee Benefits Security                  information.
                                                    PTE 91–38 to the Office of Management                                                                             OMB Number: 1210–0040.
                                                                                                            Administration, Department of Labor.                      Affected Public: Businesses or other
                                                    and Budget (OMB) for review in an ICR                      Title: Prohibited Transaction Class
                                                    that was approved under the OMB                                                                                for-profits.
                                                                                                            Exemption 97–41; Collective Investment                    Respondents: 746,000.
                                                    Control No. 1210–0082. The current                      Funds Conversion Transactions.                            Responses: 169,000,000.
                                                    approval is scheduled to expire on                         Type of Review: Extension of a                         Estimated Total Burden Hours:
                                                    November 30, 2015.                                      currently approved collection of                       2,300,000.
                                                       Agency: Employee Benefits Security                   information,                                              Estimated Total Burden Cost
                                                    Administration, Department of Labor.                       OMB Number: 1210–0104.                              (Operating and Maintenance):
                                                       Title: Foreign Currency Transactions;                   Affected Public: Businesses or other                $58,300,000.
                                                    Prohibited Transaction Class Exemption                  for-profits.                                              Description: Section 104(b)(3) of
                                                    94–20.                                                     Respondents: 50.                                    ERISA and the regulation published at
                                                       Type of Review: Extension of a                          Responses: 105.                                     29 CFR 2520.104b–10 require, with
                                                    currently approved collection of                                                                               certain exceptions, that administrators
                                                                                                               Estimated Total Burden Hours: 1,760.
                                                    information.                                                                                                   of employee benefit plans furnish
                                                       OMB Number: 1210–0085.                                  Estimated Total Burden Cost
                                                                                                                                                                   annually to each participant and certain
                                                       Affected Public: Businesses or other                 (Operating and Maintenance): $356,000.
                                                                                                                                                                   beneficiaries a summary annual report
                                                    for-profits, Not-for-profit institutions.                  Description: Prohibited Transaction                 (SAR) meeting the requirements of the
                                                       Respondents: 271.                                    Exemption (PTE) 97–41 provides an                      statute and regulation. The regulation
                                                       Responses: 1,355.                                    exemption from the prohibited                          prescribes the content and format of the
                                                       Estimated Total Burden Hours: 226.                   transaction provisions of the                          SAR and the timing of its delivery. The
                                                       Estimated Total Burden Cost                          Employment Retirement Income                           SAR provides current information about
                                                    (Operating and Maintenance): $0,                        Security Act of 1974 (ERISA) and from                  the plan and assists those who receive
                                                       Description: PTE 94–20 permits the                   certain taxes imposed by the Internal                  it in understanding the plan’s current
                                                    purchase and sale of foreign currencies                 Revenue Code of 1986. The exemption                    financial operation and condition. It
                                                    between an employee benefit plan and                    permits employee benefit plans to                      also explains participants’ and
                                                    a bank, broker-dealer, or an affiliate                  purchase shares of one or more open-                   beneficiaries’ rights to receive further
                                                    thereof, that is a trustee, custodian,                  end investment companies (funds)                       information on these issues.
                                                    fiduciary, or other party in interest with              registered under the Investment                           EBSA previously submitted the
                                                    respect to the plan. The exemption is                   Advisers Act of 1940 by transferring in-               information collection provisions in the
                                                    available provided that the transaction                 kind, to the investment company, assets                regulation at 29 CFR 2520.104b–10 to
                                                    is directed (within the meaning of                      of the plan that are part of a collective              the Office of Management and Budget
                                                    section IV(e) of the exemption) by a plan               investment fund (CIF) maintained by a                  (OMB) for review in an information
                                                    fiduciary that is independent of the                    bank or plan advisor that is both a                    collection request (ICR). OMB approved
                                                    bank, broker-dealer, or affiliate and all               fiduciary of the plan and an investment                the ICR under OMB Control No. 1210–
                                                    other conditions of the exemption are                   advisor to the investment company                      0040. The ICR approval is scheduled to
                                                    satisfied. Without this exemption,                      offering the fund.                                     expire on December 31, 2015.
                                                    certain aspects of these transactions                      The exemption requires that an
                                                                                                                                                                   Focus of Comments
                                                    might be prohibited by section 406(a) of                independent fiduciary receive advance
                                                                                                            written notice of any covered                            The Department is particularly
                                                    ERISA. To protect the interests of
                                                                                                            transaction, as well as specific written               interested in comments that:
                                                    participants and beneficiaries of the
                                                                                                            information concerning the funds to be                   • Evaluate whether the collections of
                                                    employee benefit plan, the exemption                                                                           information are necessary for the proper
                                                    requires that the party wishing to take                 purchased. The independent fiduciary
                                                                                                            must also provide written advance                      performance of the functions of the
                                                    advantage of the exemption (1) develop                                                                         agency, including whether the
                                                    written policies and procedures                         approval of conversion transactions and
                                                                                                            receive written confirmation of each                   information will have practical utility;
                                                    applicable to trading in foreign                                                                                 • Evaluate the accuracy of the
                                                    currencies on behalf of an employee                     transaction, as well as additional on-
                                                                                                            going disclosures as defined in PTE 97–                agency’s estimate of the collections of
                                                    benefit plan; (2) provide a written                                                                            information, including the validity of
                                                    confirmation with respect to each                       41. These disclosures are the basis for
                                                                                                            this ICR.                                              the methodology and assumptions used;
                                                    transaction in foreign currency to the                                                                           • Enhance the quality, utility, and
                                                    independent plan fiduciary, disclosing                     EBSA previously submitted the
                                                                                                                                                                   clarity of the information to be
                                                    specified information; and (3) maintain                 information collection provisions of
                                                                                                                                                                   collected; and
                                                    records pertaining to the transaction for               PTE 97–41 to the Office of Management                    • Minimize the burden of the
                                                    a period of six years. This ICR relates to              and Budget (OMB) for review in                         collection of information on those who
                                                    the foregoing disclosure and                            connection with promulgation of the
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                                                                                                                                                                   are to respond, including through the
                                                    recordkeeping requirements.Show                         prohibited transaction exemption. OMB                  use of appropriate automated,
                                                    citation box                                            approved the information collection                    electronic, mechanical, or other
                                                       EBSA previously submitted the                        request (ICR) under OMB Control No.                    technological collection techniques or
                                                    information collection provisions of                    1210–0104. The ICR approval is                         other forms of information technology,
                                                    PTE 94–20 to the Office of Management                   currently scheduled to expire on                       e.g., by permitting electronic
                                                    and Budget (OMB) for review in                          November 30, 2015.                                     submissions of responses.
                                                    connection with promulgation of the                        Agency: Employee Benefits Security                    Comments submitted in response to
                                                    prohibited transaction exemption. OMB                   Administration, Department of Labor.                   this notice will be summarized and/or


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                                                                                 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Notices                                                  34701

                                                    included in the ICRs for OMB approval                   of Labor is committed to equal                         for vetting nominees under
                                                    of the extension of the information                     opportunity in the workplace and seeks                 consideration for appointment.
                                                    collection; they will also become a                     a broad-based and diverse Council.
                                                                                                                                                                   Phyllis C. Borzi,
                                                    matter of public record.                                   Accordingly, notice is hereby given
                                                                                                                                                                   Assistant Secretary, Employee Benefits
                                                      Dated: June 11, 2015.                                 that any person or organization desiring               Security Administration.
                                                    Joseph S. Piacentini,                                   to nominate one or more individuals for
                                                                                                                                                                   [FR Doc. 2015–14781 Filed 6–16–15; 8:45 am]
                                                    Director, Office of Policy and Research,                appointment to the Advisory Council on
                                                                                                                                                                   BILLING CODE 4510–29–P
                                                    Employee Benefits Security Administration.              Employee Welfare and Pension Benefit
                                                    [FR Doc. 2015–14837 Filed 6–16–15; 8:45 am]             Plans to represent any of the groups or
                                                    BILLING CODE 4510–29–P
                                                                                                            fields specified in the preceding                      DEPARTMENT OF LABOR
                                                                                                            paragraph may submit nominations to
                                                                                                            Larry Good, Council Executive                          Office of the Secretary
                                                    DEPARTMENT OF LABOR                                     Secretary, Frances Perkins Building,
                                                                                                            U.S. Department of Labor, 200                          Agency Information Collection
                                                    Employee Benefits Security                              Constitution Avenue NW., Suite N–                      Activities; Submission for OMB
                                                    Administration                                          5623, Washington, DC 20210, or as                      Review; Comment Request; O*NET
                                                                                                            email attachments to good.larry@                       Data Collection Program
                                                    Advisory Council on Employee Welfare                    dol.gov. Nominations (including
                                                    and Pension Benefit Plans;                              supporting nominations) must be                        ACTION:   Notice.
                                                    Nominations for Vacancies                               received on or before July 31, 2015.
                                                                                                            Please allow three weeks for regular                   SUMMARY:   On June 30, 2015, the
                                                       Section 512 of the Employee                                                                                 Department of Labor (DOL) will submit
                                                    Retirement Income Security Act of 1974                  mail delivery to the Department of
                                                                                                            Labor. If sending electronically, please               the Employment and Training
                                                    (ERISA), 88 Stat. 895, 29 U.S.C. 1142,                                                                         Administration (ETA) sponsored
                                                    provides for the establishment of an                    use an attachment in rich text, Word, or
                                                                                                            pdf format. Nominations may be in the                  information collection request (ICR)
                                                    Advisory Council on Employee Welfare                                                                           revision titled, ‘‘O*NET Data Collection
                                                    and Pension Benefit Plans (the Council),                form of a letter, resolution or petition,
                                                                                                            signed by the person making the                        Program’’ to the Office of Management
                                                    which is to consist of 15 members to be                                                                        and Budget (OMB) for review and
                                                    appointed by the Secretary of Labor (the                nomination or, in the case of a
                                                                                                            nomination by an organization, by an                   approval for use in accordance with the
                                                    Secretary) as follows: Three                                                                                   Paperwork Reduction Act (PRA) of 1995
                                                    representatives of employee                             authorized representative of the
                                                                                                            organization.                                          (44 U.S.C. 3501 et seq.). Public
                                                    organizations (at least one of whom                                                                            comments on the ICR are invited.
                                                    shall be a representative of an                            Nominations, including supporting
                                                                                                            letters, should:                                       DATES: The OMB will consider all
                                                    organization whose members are
                                                    participants in a multiemployer plan);                     • State the person’s qualifications to              written comments that agency receives
                                                    three representatives of employers (at                  serve on the Council.                                  on or before July 30, 2015.
                                                    least one of whom shall be a                               • State that the candidate will accept              ADDRESSES: A copy of this ICR with
                                                    representative of employers maintaining                 appointment to the Council if offered.                 applicable supporting documentation;
                                                    or contributing to multiemployer plans);                   • Include which of the five positions               including a description of the likely
                                                    one representative each from the fields                 (representing groups or fields) the                    respondents, proposed frequency of
                                                    of insurance, corporate trust, actuarial                candidate is nominated to fill.                        response, and estimated total burden
                                                    counseling, investment counseling,                         • Include the nominee’s full name,                  may be obtained free of charge from the
                                                    investment management, and                              work affiliation, mailing address, phone               RegInfo.gov Web site at http://
                                                    accounting; and three representatives                   number, and email address.                             www.reginfo.gov/public/do/
                                                    from the general public (one of whom                                                                           PRAViewICR?ref_nbr=201504-1205-010
                                                                                                               • Include the nominator’s full name,
                                                    shall be a person representing those                                                                           (this link will only become active on
                                                                                                            mailing address, phone number, and
                                                    receiving benefits from a pension plan).                                                                       July 1, 2015) or by contacting Michel
                                                                                                            email address.
                                                    No more than eight members of the                                                                              Smyth by telephone at 202–693–4129,
                                                                                                               • Include the nominator’s signature,
                                                    Council shall be members of the same                                                                           TTY 202–693–8064, (these are not toll-
                                                                                                            whether sent by email or otherwise.
                                                    political party.                                                                                               free numbers) or sending an email to
                                                       Council members shall be persons                     Please do not include any information                  DOL_PRA_PUBLIC@dol.gov.
                                                    qualified to appraise the programs                      that you do not want publicly disclosed.                  Submit comments about this request
                                                    instituted under ERISA. Appointments                       In selecting Council members, the                   by mail or courier to the Office of
                                                    are for terms of three years. The                       Secretary of Labor will consider                       Information and Regulatory Affairs,
                                                    prescribed duties of the Council are to                 individuals nominated in response to                   Attn: OMB Desk Officer for DOL–ETA,
                                                    advise the Secretary with respect to the                this Federal Register notice, as well as               Office of Management and Budget,
                                                    carrying out of his or her functions                    other qualified individuals.                           Room 10235, 725 17th Street NW.,
                                                    under ERISA, and to submit to the                          Nominees will be contacted to                       Washington, DC 20503; by Fax: 202–
                                                    Secretary, or his or her designee,                      provide information on their political                 395–5806 (this is not a toll-free
                                                    recommendations with respect thereto.                   affiliation and their status as registered             number); or by email: OIRA_
                                                    The Council will meet at least four                     lobbyists. Anyone currently subject to                 submission@omb.eop.gov. Commenters
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                                                    times each year.                                        federal registration requirements as a                 are encouraged, but not required, to
                                                       The terms of five members of the                     lobbyist is not eligible for appointment.              send a courtesy copy of any comments
                                                    Council expire at the end of this year.                 Nominees should be aware of the time                   by mail or courier to the U.S.
                                                    The groups or fields they represent are                 commitment for attending meetings and                  Department of Labor-OASAM, Office of
                                                    as follows: (1) Employee organizations;                 actively participating in the work of the              the Chief Information Officer, Attn:
                                                    (2) employers; (3) investment                           Council. Historically, this has meant a                Departmental Information Compliance
                                                    counseling; (4) actuarial counseling; and               commitment of 15–20 days per year.                     Management Program, Room N1301,
                                                    (5) the general public. The Department                  The Department of Labor has a process                  200 Constitution Avenue NW.,


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Document Created: 2015-12-15 14:22:36
Document Modified: 2015-12-15 14:22:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesWritten comments must be submitted to the office shown in the
FR Citation80 FR 34696 

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