80_FR_73215 80 FR 72990 - Proposed Extension of Information Collection Requests Submitted for Public Comment

80 FR 72990 - Proposed Extension of Information Collection Requests Submitted for Public Comment

DEPARTMENT OF LABOR
Employee Benefits Security Administration

Federal Register Volume 80, Issue 225 (November 23, 2015)

Page Range72990-72995
FR Document2015-29746

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 225 (Monday, November 23, 2015)
[Federal Register Volume 80, Number 225 (Monday, November 23, 2015)]
[Notices]
[Pages 72990-72995]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29746]


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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

[[Page 72991]]

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 January 22, 2016.

ADDRESSES: G. Christopher Cosby, Department of Labor, Employee Benefits 
Security Administration, 200 Constitution Avenue NW., Room N-5718, 
Washington, DC 20210, [email protected], (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: Prohibited Transaction Class Exemptions for Multiple 
Employer Plans and Multiple Employer Apprenticeship Plans, PTE 76-1, 
PTE 77-10, PTE 78-6.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0058.
    Affected Public: Businesses or other for-profits, not-for-profit 
institutions.
    Respondents: 5,718.
    Responses: 5,718.
    Estimated Total Burden Hours: 1,430.
    Estimated Total Burden Cost (Operating and Maintenance): $0.
    Description: This ICR covers information collections contained in 
three related prohibited transaction class exemptions: PTE 76-1, PTE 
77-10, and PTE 78-6. All three of these exemptions cover transactions 
that were recognized by the Department as being well-established, 
reasonable, and customary transactions in which collectively bargained 
multiple employer plans (principally, multiemployer plans, but also 
including other collectively bargained multiple employer plans) 
frequently engage in order to carry out their purposes.
    PTE 76-1 provides relief, under specified conditions, for three 
types of transactions: (1) Part A of PTE 76-1 permits collectively 
bargained multiple employer plans to take several types of actions 
regarding delinquent or uncollectible employer contributions; (2) Part 
B of PTE 76-1 permits collectively bargained multiple employer plans, 
under specified conditions, to make construction loans to participating 
employers; and (3) Part C of PTE 76-1 permits collectively bargained 
multiple employer plans to share office space and administrative 
services, and the costs associated with such office space and services, 
with parties in interest. PTE 77-10 complements Part C of PTE 76-1 by 
providing relief from the prohibitions of subsection 406(b)(2) of ERISA 
with respect to collectively bargained multiple employer plans sharing 
office space and administrative services with parties in interest if 
specific conditions are met. PTE 78-6 provides an exemption to 
collectively bargained multiple employer apprenticeship plans for the 
purchase or leasing of personal property from a contributing employer 
(or its wholly owned subsidiary) and for the leasing of real property 
(other than office space within the contemplation of section 408(b)(2) 
of ERISA) from a contributing employer (or its wholly owned subsidiary) 
or an employee organization any of whose members' work results in 
contributions being made to the plan.
    Each of these PTEs requires, as part of its conditions, either 
written agreements, recordkeeping, or both. The Department has combined 
the information collection provisions of the three PTEs into one ICR 
because it believes that the public benefits from having the 
opportunity to collectively review these closely related exemptions and 
their similar information collections. The Department previously 
submitted an ICR to OMB for approval of the information collections in 
PTEs 76-1, 77-10, and 78-6 and received OMB approval under OMB Control 
No. 1210-0058. The current approval is scheduled to expire on February 
29, 2016.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: HIPAA Notice of Enrollment Rights.
    Type of Review: Extension of a currently approved information 
collection.
    OMB Number: 1210-0101.
    Affected Public: Businesses or other for-profits, not-for-profit 
institutions.
    Respondents: 2,283,712.
    Responses: 3,636,426.
    Estimated Total Burden Hours: 1.
    Estimated Total Burden Cost (Operating and Maintenance): $65,000.
    Description: Subsection (c) of 29 CFR 2590.701-6 requires group 
health plans to provide a notice describing the plan's special 
enrollment rules to each employee who is offered an initial opportunity 
to enroll in the group health plan. The special enrollment rules 
described in the notice of special enrollment generally provide 
enrollment rights to employees and their dependents in specified 
circumstances occurring after the employee or dependent initially 
declines to enroll in the plan. EBSA previously submitted an ICR 
concerning the notice of special enrollment to OMB for review under the 
PRA and received approval under OMB Control No. 1210-0101. The current 
ICR approval is scheduled to expire on February 29, 2016.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Annual Report for Multiple Employer Welfare Arrangements 
(Form M-1).
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0116.
    Affected Public: Businesses or other for-profits, not-for-profit 
institutions.
    Respondents: 484.
    Responses: 484.
    Estimated Total Burden Hours: 130.
    Estimated Total Burden Cost (Operating and Maintenance): $91,996.
    Description: The Health Insurance Portability and Accountability 
Act of 1996 (HIPAA), codified as Part 7 of Title I of the Employee 
Retirement Security Act of 1974 (ERISA), was enacted to improve the 
portability and continuity of health care coverage for participants and 
beneficiaries of group health plans. In the interest of assuring 
compliance with Part 7, section 101(g) of ERISA, added by HIPAA, 
further permits the Secretary of Labor (the Secretary) to require 
multiple employer welfare arrangements (MEWAs), as defined in

[[Page 72992]]

section 3(40) of ERISA, to report to the Secretary in such form and 
manner as the Secretary might determine. The Department published a 
final rule providing for such reporting on an annual basis, together 
with a form (Form M-1) to be used by MEWAs for the annual report. The 
reporting requirement enables the Secretary to determine whether the 
requirements of Part 7 of ERISA are being carried out.
    The Patient Protection and Affordable Care Act (Pub. L. 111-148, 
124 Stat. 119) and the Health Care and Education Reconciliation Act of 
2010 (Pub. L.111-152, 124 Stat. 1029) (these are collectively known as 
the ``Affordable Care Act'') amended section 101(g) of ERISA. Under 
this amendment, MEWAs providing benefits consisting of medical care 
(within the meaning of section 733(a)(2) of ERISA, 29 U.S.C. 
1191b(a)(2)), which are not group health plans must now register with 
the Secretary prior to operating in a State.
    EBSA previously submitted an ICR for the information collection in 
Form M-1 to OMB for review under the PRA and received approval under 
OMB control number 1210-0116. This current approval is scheduled to 
expire on February 29, 2016.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: MEWA ALJ Administrative Hearing Procedures.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0148.
    Affected Public: Businesses or other for-profits.
    Respondents: 10.
    Responses: 10.
    Estimated Total Burden Hours: 20.
    Estimated Total Burden Cost (Operating and Maintenance): $548,900.
    Description: Congress enacted section 6605 of the Affordable Care 
Act, Public Law 111-148, 124 Stat. 119, 780 (2010), which adds section 
521 to ERISA, to give the Secretary additional enforcement authority to 
protect plan participants, beneficiaries, employees or employee 
organizations, or other members of the public against fraudulent, 
abusive, or financially hazardous Multiple Employer Welfare 
Arrangements (MEWAs). This section authorizes the Secretary to issue ex 
parte cease and desist orders when it appears to the Secretary that the 
alleged conduct of a MEWA is ``fraudulent, or creates an immediate 
danger to the public safety or welfare, or is causing or can be 
reasonably expected to cause significant, imminent, and irreparable 
public injury.'' 29 U.S.C. 1151(a). A person that is adversely affected 
by the issuance of a cease and desist order may request an 
administrative hearing regarding the order. This request for an 
administrative hearing is an information collection under the Paperwork 
Reduction Act.
    The Department previously submitted this information collection to 
OMB in an ICR that was approved under OMB Control Number 1210-0148. The 
current approval is scheduled to expire on February 29, 2016.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: National Medical Support Notice--Part B.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0113.
    Affected Public: Businesses or other for-profits.
    Respondents: 492,000.
    Responses: 12,400,000.
    Estimated Total Burden Hours: 1,000,000.
    Estimated Total Burden Cost (Operating and Maintenance): 
$6,800,000.
    Description: Section 609(a) of ERISA, requires each group health 
plan, as defined in ERISA section 607(1), to provide benefits in 
accordance with the applicable requirements of any ``qualified medical 
child support order'' (QMCSO). A QMCSO is, generally, an order issued 
by a state court or other competent state authority that requires a 
group health plan to provide group health coverage to a child or 
children of an employee eligible for coverage under the plan. In 
accordance with Congressional directives contained in the Child Support 
Performance and Incentive Act of 1998 (CSPIA), EBSA and the Federal 
Office of Child Support Enforcement (OCSE) in the Department of Health 
and Human Services (HHS) cooperated in the development of regulations 
to create a National Medical Support Notice (NMSN or Notice). The 
Notice simplifies the issuance and processing of qualified medical 
child support orders issued by state child support enforcement 
agencies, provides for standardized communication between state 
agencies, employers, and plan administrators, and creates a uniform and 
streamlined process for enforcement of medical child support 
obligations ordered by state child support enforcement agencies. The 
NMSN comprises two parts: Part A was promulgated by HHS and pertains to 
state child support enforcement agencies and employers; Part B was 
promulgated by the Department and pertains to plan administrators 
pursuant to ERISA. This solicitation of public comment relates only to 
Part B of the NMSN, which was promulgated by the Department. In 
connection with promulgation of Part B of the NMSN, the Department 
submitted an ICR to OMB for review, and OMB approved the information 
collections contained in Part B under OMB control number 1210-0113. 
OMB's current approval of this ICR is scheduled to expire on March 31, 
2016.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Securities Lending by Employee Benefit Plans (PTE 2006-16).
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0065.
    Affected Public: Businesses or other for-profits, Not-for-profit 
institutions.
    Respondents: 85.
    Responses: 850.
    Estimated Total Burden Hours: 163.
    Estimated Total Burden Cost (Operating and Maintenance): $4,943.
    Description: This ICR covers information collections contained in 
PTE 2006-16. In 1981 and 1982, the Department issued two related 
prohibited transaction class exemptions, PTE 81-6 and PTE 82-63, that 
permit employee benefit plans to lend securities owned by the plans as 
investments to banks and broker-dealers and to make compensation 
arrangements for lending services provided by a plan fiduciary in 
connection with securities loans. In 2006, the Department promulgated 
PTE 2006-16, which combines and amends the exemptions previously 
provided under PTE 81-6 and PTE 82-63. The new exemption expands the 
categories of exempted transactions to include securities lending to 
foreign banks and broker-dealers that are domiciled in specified 
countries and to allow the use of additional forms of collateral, all 
subject to specified conditions.
    Among other conditions, the class exemption requires a bank or 
broker-dealer that borrows securities from a plan to provide the plan 
with its most recent audited financial statement. The borrower must 
also affirm, when the loan is negotiated, that there has been no 
material adverse change in its financial condition since the previously 
audited statement.
    The exemption also requires the agreements regarding the securities 
loan transaction or transactions and the compensation arrangement for 
the lending fiduciary to be contained in written documents. Individual 
agreements are not required for each transaction; rather the 
compensation agreement may be made in the form of

[[Page 72993]]

a master agreement covering a series of transactions. The ICRs 
contained in PTE 2006-16 were approved by OMB under OMB Control No. 
1210-0065, which currently is scheduled to expire on May 31, 2016.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Employee Retirement Income Security Act of 1974 Investment 
Manager Electronic Registration.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0125.
    Affected Public: Businesses or other for-profits, Not-for-profit 
institutions.
    Respondents: 15.
    Responses: 15.
    Estimated Total Burden Hours: 18.
    Estimated Total Burden Cost (Operating and Maintenance): $1,040.
    Description: Section 3(38)(B) of ERISA imposes certain registration 
requirements on an investment adviser that wishes to be considered an 
investment manager under ERISA. In 1997, section 3(38) was amended to 
permit advisers to satisfy the registration requirements by registering 
electronically with the Investment Adviser Registration Depository 
(IARD) established and maintained by the Securities Exchange Commission 
(SEC). The Department promulgated a final regulation (69 FR 52120, Aug. 
24, 2004) to implement the statutory change. The final regulation is 
codified at 29 CFR 2510.3-38. EBSA submitted an ICR requesting OMB 
approval of the information collection contained in 29 CFR 2510.3-38, 
and OMB approved the information collection under OMB control number 
1210-0125. The current approval is scheduled to expire on May 31, 2016.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Access to Multiemployer Plan Information.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0131.
    Affected Public: Not-for-profit institutions, Businesses or other 
for-profits.
    Respondents: 2,826.
    Responses: 445,000.
    Estimated Total Burden Hours: 32,800.
    Estimated Total Burden Cost (Operating and Maintenance): $526,000.
    Description: Section 101(k) of ERISA, as amended by the Pension 
Protection Act of 2006 requires the administrator of a multiemployer 
plan to provide copies of certain actuarial and financial documents 
about the plan to participants, beneficiaries, employee representatives 
and contributing employers upon request. The rule affects plan 
administrators, participants and beneficiaries and contributing 
employers of multiemployer plans. The Department previously submitted 
an ICR to OMB for approval of this information collection and received 
OMB approval under OMB Control No. 1210-0131. The current approval is 
scheduled to expire on May 31, 2016.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Summary Plan Description Requirements Under the Employee 
Retirement Income Security Act of 1974, as Amended.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0039.
    Affected Public: Businesses or other for-profits, Not-for-profit 
institutions.
    Respondents: 2,984,011.
    Responses: 106,376,000.
    Estimated Total Burden Hours: 260,000.
    Estimated Total Burden Cost (Operating and Maintenance): 
$295,771,000.
    Description: Section 104(b) of ERISA requires the administrator of 
an employee benefit plan to furnish plan participants and certain 
beneficiaries with a Summary Plan Description (SPD) that describes, in 
language understandable to an average plan participant, the benefits, 
rights, and obligations of participants in the plan. The information 
required to be contained in the SPD is set forth in section 102(b) of 
ERISA. To the extent there is a material modification in the terms of 
the plan or a change in the required content of the SPD, section 
104(b)(1) of ERISA requires the plan administrator to furnish 
participants and specified beneficiaries with a summary of material 
modifications (SMM) or summary of material reductions (SMR). The 
Department has issued regulations providing guidance on compliance with 
the requirements to furnish SPDs, SMMs, and SMRs. These regulations, 
which are codified at 29 CFR 2520.102-2, 102-3, and 29 CFR 104b-2 and 
104b-3, contain information collections for which the Department has 
obtained OMB approval under OMB Control No. 1210-0039. The current 
approval is scheduled to expire on June 30, 2016.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Employee Benefit Plan Claims Procedure Under the Employee 
Retirement Income Security Act.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0053.
    Affected Public: Businesses or other for-profits, Not-for-profit 
institutions.
    Respondents: 5,770,307.
    Responses: 333,612,550.
    Estimated Total Burden Hours: 523,000.
    Estimated Total Burden Cost (Operating and Maintenance): 
$568,700,000.
    Description: Section 503 of ERISA requires each employee benefit 
plan to provide, pursuant to regulations promulgated by the Secretary 
of Labor, notice in writing to any participant or beneficiary whose 
claim for benefits under the plan has been denied. The notice must set 
forth the specific reasons for the denial and must be written in a 
manner calculated to be understood by the claimant. Plans must also 
give a participant or beneficiary whose claim has been denied a 
reasonable opportunity to obtain a full and fair review of any benefit 
claim denial by the appropriate named fiduciary.
    The Department issued a regulation pertaining to benefit claims 
procedures in 1977 and amended that regulation in a Notice of Final 
Rulemaking (NFRM) published on November 21, 2000 (65 FR 70246). The 
regulation pertaining to benefit claims procedures is codified at 29 
CFR 2560.503-1. The regulation requires plans to establish reasonable 
claims procedures that meet specified standards governing the timing 
and content of notices and disclosures. EBSA submitted an ICR for the 
information collections in 29 CFR 2560.503-1 to OMB for review and 
clearance in connection with publication of the NFRM, and OMB approved 
the information collections under OMB control number 1210-0053. That 
current approval is scheduled to expire on July 31, 2016.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: PTE 80-83--Sale of Securities To Reduce Indebtedness of 
Party in Interest.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0064.
    Affected Public: Businesses or other for-profits.
    Respondents: 25.
    Responses: 25.
    Estimated Total Burden Hours: 15.
    Estimated Total Burden Cost (Operating and Maintenance): $0.
    Description: PTE 80-83 provides an exemption from certain 
prohibited

[[Page 72994]]

transaction provisions of ERISA and from certain taxes imposed by the 
Internal Revenue Code of 1986 (Code) for transactions in which an 
employee benefit plan purchases securities when the proceeds from such 
purchase may be used to reduce or retire a debt owed by a party in 
interest with respect to such plan, provided that specified conditions 
are met. Among other conditions, PTE 80-83 requires that adequate 
records pertaining to an exempted transaction be maintained for six 
years. The Department has received approval from OMB for this ICR under 
OMB Control No. 1210-0064. The current approval is scheduled to expire 
on July 31, 2016.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Prohibited Transaction Class Exemption 75-1, Security 
Transactions With Broker-Dealers, Reporting Dealers, and Banks.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0092.
    Affected Public: Businesses or other for-profits.
    Respondents: 7,492.
    Responses: 7,492.
    Estimated Total Burden Hours: 1,249.
    Estimated Total Burden Cost (Operating and Maintenance): $0.
    Description: PTE 75-1 provides exemptions from certain prohibited 
transaction provisions of ERISA, and the Code for specified types of 
transactions between employee benefit plans and broker-dealers, 
reporting dealers and banks relating to securities purchases and sales, 
provided specified conditions are met. The exempted transactions 
include an employee benefit plan's purchase of securities from broker-
dealers' inventories of stocks, from underwriting syndicates in which a 
plan fiduciary is a member, from banks, from reporting dealers, and 
from a market-maker even if a market-maker is a plan fiduciary. The 
exempted transactions also include, under certain conditions, a plan's 
accepting an extension of credit from a broker-dealer for the purpose 
of facilitating settlement of a securities transaction. Among other 
conditions, PTE 75-1 requires that a party seeking to rely on the 
exemption with respect to a transaction maintain adequate records of 
the transaction for a period of six years. The Department has obtained 
approval from the OMB for this information collection under OMB Control 
No. 1210-0092. The current approval is scheduled to expire on July 31, 
2016.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Prohibited Transaction Class Exemption 88-59, Residential 
Mortgage Financing Arrangements Involving Employee Benefit Plans.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0095.
    Affected Public: Businesses or other for-profits, Not-for-profit 
institutions.
    Respondents: 2,187.
    Responses: 10,936.
    Estimated Total Burden Hours: 911.
    Estimated Total Burden Cost (Operating and Maintenance): $0.
    Description: PTE 88-59 provides an exemption from certain 
prohibited transaction provisions of ERISA and from certain taxes 
imposed by the Code for transactions in which an employee benefit plan 
provides mortgage financing to purchasers of residential dwelling 
units, provided specified conditions are met. Among other conditions, 
PTE 88-59 requires that adequate records pertaining to exempted 
transactions be maintained for the duration of the pertinent loan. This 
recordkeeping requirement constitutes an information collection within 
the meaning of the PRA, for which the Department has obtained approval 
from the Office of Management and Budget (OMB) under OMB Control No. 
1210-0095. The OMB approval is currently scheduled to expire on July 
31, 2016.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Petition for Finding Under Employee Retirement Income 
Security Act Section 3(40).
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0119.
    Affected Public: Businesses or other for-profits, Not-for-profit 
institutions.
    Respondents: 10.
    Responses: 10.
    Estimated Total Burden Hours: 50.
    Estimated Total Burden Cost (Operating and Maintenance): $38,454.
    Description: Rules codified beginning at 29 CFR 2570.150 set forth 
an administrative procedure (``procedural rules'') for obtaining a 
determination by the Department as to whether a particular employee 
benefit plan is established or maintained under or pursuant to one or 
more collective bargaining agreements for purposes of section 3(40) of 
ERISA. These procedural rules concern specific criteria set forth in 29 
CFR 2510.3-40 (``criteria rules''), which, if met, constitute a finding 
by the Department that a plan is collectively bargained. Plans that 
meet the requirements of the criteria rules are not subject to state 
law. Among other requirements, the procedural rules require submission 
of a petition and affidavits by parties seeking a finding. The 
Department has obtained approval from OMB, under OMB Control No. 1210-
0119, for the information collections contained in its rules for a 
finding under section 3(40). The current approval is scheduled to 
expire on July 31, 2016.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Plan Asset Transactions Determined by Independent Qualified 
Professional Asset Managers under Prohibited Transaction Exemption 84-
14.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0128.
    Affected Public: Businesses or other for-profits.
    Respondents: 5,100.
    Responses: 5,151.
    Estimated Total Burden Hours: 122,438.
    Estimated Total Burden Cost (Operating and Maintenance): 
$51,000,000.
    Description: PTE 84-14, a class exemption that permits various 
parties that are related to employee benefit plans to engage in 
transactions involving plan assets if, among other conditions, the 
assets are managed by ``qualified professional asset managers'' (QPAMs) 
that are independent of the parties in interest and which meet 
specified financial standards. The exemption provides additional 
exemptive relief for employers to furnish limited amounts of goods and 
services to a managed fund in the ordinary course of business. Limited 
relief also is provided for leases of office or commercial space 
between managed funds and QPAMs or contributing employers. Finally, 
relief is provided for transactions involving places of public 
accommodation owned by a managed fund. QPAMs are permitted to manage an 
investment fund containing the assets of the QPAM's own plan or an 
affiliate's plan.
    The Department has obtained approval for the information 
collections from OMB under OMB Control No. 1210-0128. The current 
approval is scheduled to expire on July 31, 2016.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Statutory Exemption for Cross-Trading of Securities.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0130.

[[Page 72995]]

    Affected Public: Businesses or other for-profits, Not-for-profit 
institutions.
    Respondents: 315.
    Responses: 2,834.
    Estimated Total Burden Hours: 3,290.
    Estimated Total Burden Cost (Operating and Maintenance): $14,000.
    Description: The Interim Final Rule on Statutory Exemption for 
Cross-Trading of Securities implements the content requirements for the 
written cross-trading policies and procedures required under section 
408(b)(19)(H) of ERISA, as added by section 611(g) of the Pension 
Protection Act of 2006, Public Law 109-280 (PPA). Section 611(g)(1) of 
the PPA created a new statutory exemption, added to section 408(b) of 
ERISA as subsection 408(b)(19), that exempts from the prohibitions of 
sections 406(a)(1)(A) and 406(b)(2) of ERISA those cross-trading 
transactions involving the purchase and sale of a security between an 
account holding assets of a pension plan and any other account managed 
by the same investment manager, provided that certain conditions are 
satisfied. Section 611(g)(3) of the PPA further directed the Secretary 
to issue regulations, within 180 days after enactment, regarding the 
content of the policies and procedures to be adopted by an investment 
manager to satisfy the conditions of the new statutory exemption.
    The Department issued a final cross-trading regulation on October 
7, 2008. The recordkeeping requirement in the regulation constitutes an 
information collection within the meaning of the PRA, for which the 
Department has obtained approval from OMB under OMB Control No. 1210-
0130. The current approval is scheduled to expire on July 31, 2016.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Plan Asset Transactions Determined by In-House Asset 
Managers under Prohibited Transaction Class Exemption 96-23.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0145.
    Affected Public: Businesses or other for-profits.
    Respondents: 40.
    Responses: 20.
    Estimated Total Burden Hours: 940.
    Estimated Total Burden Cost (Operating and Maintenance): $400,000.
    Description: PTE 96-23, a class exemption, permits various 
transactions involving employee benefit plans whose assets are managed 
by in-house asset managers (INHAMs), provided the conditions of the 
exemption are met. The Department submitted the ICR included in the 
Proposed Amendment to PTE 96-23 for Plan Asset Transactions Determined 
by In-House Asset Managers to OMB for review and clearance at the time 
the Notice of the proposed exemption was published in the Federal 
Register (June 14, 2010, 75 FR 33642). OMB most recently approved the 
amendment under OMB control number 1210-0145, on July 26, 2013. The 
current approval will expire on July 31, 2016.

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

Joseph S. Piacentini,
Director, Office of Policy and Research, Employee Benefits Security 
Administration.
[FR Doc. 2015-29746 Filed 11-20-15; 8:45 am]
 BILLING CODE 4510-29-P



                                             72990                      Federal Register / Vol. 80, No. 225 / Monday, November 23, 2015 / Notices

                                             INTERNATIONAL TRADE                                     importation of certain arrowheads with                final initial determination in this
                                             COMMISSION                                              deploying blades and components                       investigation.
                                                                                                     thereof. The complaint names as                          Persons filing written submissions
                                             Notice of Receipt of Complaint;                         respondents Linyi Junxing Sports                      must file the original document
                                             Solicitation of Comments Relating to                    Equipment Co., Ltd. of China; Ningbo                  electronically on or before the deadlines
                                             the Public Interest                                     Faith Sports Co., Ltd. of China; Ningbo               stated above and submit 8 true paper
                                             AGENCY: U.S. International Trade                        Forever Best Import & Export Co., Ltd.                copies to the Office of the Secretary by
                                             Commission.                                             of China; Ningbo Linkboy Outdoor                      noon the next day pursuant to section
                                                                                                     Sports Co., Ltd. of China; Shenzhen                   210.4(f) of the Commission’s Rules of
                                             ACTION: Notice.
                                                                                                     Zowaysoon Trading Company Ltd. of                     Practice and Procedure (19 CFR
                                             SUMMARY:    Notice is hereby given that                 China; Xiamen Xinhongyou Industrial                   210.4(f)). Submissions should refer to
                                             the U.S. International Trade                            Trade Co. Ltd of China; Xiamen                        the docket number (‘‘Docket No. 3101’’)
                                             Commission has received a complaint                     Zhongxinyuan Industry & Trade Ltd. of                 in a prominent place on the cover page
                                             entitled Certain Arrowheads with                        China; Zhengzhou IRQ Trading Limited                  and/or the first page. (See Handbook for
                                             Deploying Blades and Components                         Company of China; and Zhengzhou                       Electronic Filing Procedures, Electronic
                                             Thereof, DN 3101; the Commission is                     Paiao Trade Co., Ltd. of China. The                   Filing Procedures 4). Persons with
                                             soliciting comments on any public                       complainant requests that the                         questions regarding filing should
                                             interest issues raised by the complaint                 Commission issue a general exclusion                  contact the Secretary (202–205–2000).
                                             or complainant’s filing under section                   order and a cease and desist orders.                     Any person desiring to submit a
                                             210.8(b) of the Commission’s Rules of                      Proposed respondents, other                        document to the Commission in
                                             Practice and Procedure (19 CFR                          interested parties, and members of the                confidence must request confidential
                                             210.8(b)).                                              public are invited to file comments, not              treatment. All such requests should be
                                                                                                     to exceed five (5) pages in length,                   directed to the Secretary to the
                                             FOR FURTHER INFORMATION CONTACT: Lisa
                                                                                                     inclusive of attachments, on any public               Commission and must include a full
                                             R. Barton, Secretary to the Commission,                 interest issues raised by the complaint
                                             U.S. International Trade Commission,                                                                          statement of the reasons why the
                                                                                                     or section 210.8(b) filing. Comments                  Commission should grant such
                                             500 E Street SW., Washington, DC
                                                                                                     should address whether issuance of the                treatment. See 19 CFR 201.6. Documents
                                             20436, telephone (202) 205–2000. The
                                                                                                     relief specifically requested by the                  for which confidential treatment by the
                                             public version of the complaint can be
                                                                                                     complainant in this investigation would               Commission is properly sought will be
                                             accessed on the Commission’s
                                                                                                     affect the public health and welfare in               treated accordingly. All nonconfidential
                                             Electronic Document Information
                                                                                                     the United States, competitive                        written submissions will be available for
                                             System (EDIS) at EDIS,1 and will be
                                                                                                     conditions in the United States                       public inspection at the Office of the
                                             available for inspection during official
                                                                                                     economy, the production of like or                    Secretary and on EDIS.5
                                             business hours (8:45 a.m. to 5:15 p.m.)
                                                                                                     directly competitive articles in the                     This action is taken under the
                                             in the Office of the Secretary, U.S.
                                             International Trade Commission, 500 E                   United States, or United States                       authority of section 337 of the Tariff Act
                                             Street SW., Washington, DC 20436,                       consumers.                                            of 1930, as amended (19 U.S.C. 1337),
                                                                                                        In particular, the Commission is                   and of sections 201.10 and 210.8(c) of
                                             telephone (202) 205–2000.
                                                General information concerning the                   interested in comments that:                          the Commission’s Rules of Practice and
                                                                                                        (i) explain how the articles potentially           Procedure (19 CFR 201.10, 210.8(c)).
                                             Commission may also be obtained by
                                                                                                     subject to the requested remedial orders
                                             accessing its Internet server at United                                                                         By order of the Commission.
                                                                                                     are used in the United States;
                                             States International Trade Commission                      (ii) identify any public health, safety,             Issued: November 17, 2015.
                                             (USITC) at USITC.2 The public record
                                                                                                     or welfare concerns in the United States              Lisa R. Barton,
                                             for this investigation may be viewed on
                                                                                                     relating to the requested remedial                    Secretary to the Commission.
                                             the Commission’s Electronic Document
                                                                                                     orders;                                               [FR Doc. 2015–29742 Filed 11–20–15; 8:45 am]
                                             Information System (EDIS) at EDIS.3                        (iii) identify like or directly
                                             Hearing-impaired persons are advised                                                                          BILLING CODE 7020–02–P
                                                                                                     competitive articles that complainant,
                                             that information on this matter can be                  its licensees, or third parties make in the
                                             obtained by contacting the                              United States which could replace the
                                             Commission’s TDD terminal on (202)                                                                            DEPARTMENT OF LABOR
                                                                                                     subject articles if they were to be
                                             205–1810.
                                                                                                     excluded;                                             Employee Benefits Security
                                             SUPPLEMENTARY INFORMATION: The                             (iv) indicate whether complainant,
                                             Commission has received a complaint                                                                           Administration
                                                                                                     complainant’s licensees, and/or third
                                             and a submission pursuant to section                    party suppliers have the capacity to                  Proposed Extension of Information
                                             210.8(b) of the Commission’s Rules of                   replace the volume of articles                        Collection Requests Submitted for
                                             Practice and Procedure filed on behalf                  potentially subject to the requested                  Public Comment
                                             of FeraDyne Outdoors LLC and Out                        exclusion order and/or a cease and
                                             RAGE LLC on November 17, 2015. The                      desist order within a commercially                    AGENCY: Employee Benefits Security
                                             complaint alleges violations of section                 reasonable time; and                                  Administration, Department of Labor.
                                             337 of the Tariff Act of 1930 (19 U.S.C.                   (v) explain how the requested                      ACTION: Notice.
                                             1337) in the importation into the United                remedial orders would impact United
                                             States, the sale for importation, and the               States consumers.                                     SUMMARY: The Department of Labor (the
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                                             sale within the United States after                        Written submissions must be filed no               Department), in accordance with the
                                                                                                     later than by close of business, eight                Paperwork Reduction Act of 1995 (PRA
                                               1 Electronic Document Information System
                                                                                                     calendar days after the date of
                                             (EDIS): http://edis.usitc.gov.                                                                                  4 Handbook for Electronic Filing Procedures:
                                               2 United States International Trade Commission
                                                                                                     publication of this notice in Federal
                                                                                                                                                           http://www.usitc.gov/secretary/fed_reg_notices/
                                             (USITC): http://edis.usitc.gov.                         Register. There will be further                       rules/handbook_on_electronic_filing.pdf.
                                               3 Electronic Document Information System              opportunities for comment on the                        5 Electronic Document Information System

                                             (EDIS): http://edis.usitc.gov.                          public interest after the issuance of any             (EDIS): http://edis.usitc.gov.



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                                                                        Federal Register / Vol. 80, No. 225 / Monday, November 23, 2015 / Notices                                           72991

                                             95) (44 U.S.C. 3506(c)(2)(A)), provides                    Description: This ICR covers                       1210–0058. The current approval is
                                             the general public and Federal agencies                 information collections contained in                  scheduled to expire on February 29,
                                             with an opportunity to comment on                       three related prohibited transaction                  2016.
                                             proposed and continuing collections of                  class exemptions: PTE 76–1, PTE 77–10,                   Agency: Employee Benefits Security
                                             information. This helps the Department                  and PTE 78–6. All three of these                      Administration, Department of Labor.
                                             assess the impact of its information                    exemptions cover transactions that were                  Title: HIPAA Notice of Enrollment
                                             collection requirements and minimize                    recognized by the Department as being                 Rights.
                                             the public’s reporting burden. It also                  well-established, reasonable, and                        Type of Review: Extension of a
                                             helps the public understand the                         customary transactions in which                       currently approved information
                                             Department’s information collection                     collectively bargained multiple                       collection.
                                             requirements and provide the requested                  employer plans (principally,                             OMB Number: 1210–0101.
                                             data in the desired format. The                         multiemployer plans, but also including                  Affected Public: Businesses or other
                                             Employee Benefits Security                              other collectively bargained multiple                 for-profits, not-for-profit institutions.
                                             Administration (EBSA) is soliciting                     employer plans) frequently engage in                     Respondents: 2,283,712.
                                             comments on the proposed extension of                   order to carry out their purposes.                       Responses: 3,636,426.
                                             the information collection requests                        PTE 76–1 provides relief, under                       Estimated Total Burden Hours: 1.
                                             (ICRs) contained in the documents                       specified conditions, for three types of                 Estimated Total Burden Cost
                                             described below. A copy of the ICRs                     transactions: (1) Part A of PTE 76–1                  (Operating and Maintenance): $65,000.
                                             may be obtained by contacting the office                permits collectively bargained multiple                  Description: Subsection (c) of 29 CFR
                                             listed in the ADDRESSES section of this                 employer plans to take several types of               2590.701–6 requires group health plans
                                             notice. ICRs also are available at                      actions regarding delinquent or                       to provide a notice describing the plan’s
                                             reginfo.gov (http://www.reginfo.gov/                    uncollectible employer contributions;                 special enrollment rules to each
                                             public/do/PRAMain).                                     (2) Part B of PTE 76–1 permits                        employee who is offered an initial
                                                                                                     collectively bargained multiple                       opportunity to enroll in the group
                                             DATES: Written comments must be
                                                                                                     employer plans, under specified                       health plan. The special enrollment
                                             submitted to the office shown in the                                                                          rules described in the notice of special
                                                                                                     conditions, to make construction loans
                                             Addresses section on or before January                                                                        enrollment generally provide
                                                                                                     to participating employers; and (3) Part
                                             22, 2016.                                                                                                     enrollment rights to employees and
                                                                                                     C of PTE 76–1 permits collectively
                                             ADDRESSES: G. Christopher Cosby,                        bargained multiple employer plans to                  their dependents in specified
                                             Department of Labor, Employee Benefits                  share office space and administrative                 circumstances occurring after the
                                             Security Administration, 200                            services, and the costs associated with               employee or dependent initially
                                             Constitution Avenue NW., Room N–                        such office space and services, with                  declines to enroll in the plan. EBSA
                                             5718, Washington, DC 20210,                             parties in interest. PTE 77–10                        previously submitted an ICR concerning
                                             cosby.chris@dol.gov, (202) 693–8410,                    complements Part C of PTE 76–1 by                     the notice of special enrollment to OMB
                                             FAX (202) 693–4745 (these are not toll-                 providing relief from the prohibitions of             for review under the PRA and received
                                             free numbers).                                          subsection 406(b)(2) of ERISA with                    approval under OMB Control No. 1210–
                                             SUPPLEMENTARY INFORMATION: This                         respect to collectively bargained                     0101. The current ICR approval is
                                             notice requests public comment on the                   multiple employer plans sharing office                scheduled to expire on February 29,
                                             Department’s request for extension of                   space and administrative services with                2016.
                                             the Office of Management and Budget’s                   parties in interest if specific conditions               Agency: Employee Benefits Security
                                             (OMB) approval of ICRs contained in                     are met. PTE 78–6 provides an                         Administration, Department of Labor.
                                             the rules and prohibited transactions                   exemption to collectively bargained                      Title: Annual Report for Multiple
                                             described below. The Department is not                  multiple employer apprenticeship plans                Employer Welfare Arrangements (Form
                                             proposing any changes to the existing                   for the purchase or leasing of personal               M–1).
                                             ICRs at this time. An agency may not                    property from a contributing employer                    Type of Review: Extension of a
                                             conduct or sponsor, and a person is not                 (or its wholly owned subsidiary) and for              currently approved collection of
                                             required to respond to, an information                  the leasing of real property (other than              information.
                                             collection unless it displays a valid                   office space within the contemplation of                 OMB Number: 1210–0116.
                                             OMB control number. A summary of the                    section 408(b)(2) of ERISA) from a                       Affected Public: Businesses or other
                                             ICRs and the current burden estimates                   contributing employer (or its wholly                  for-profits, not-for-profit institutions.
                                             follows:                                                owned subsidiary) or an employee                         Respondents: 484.
                                                Agency: Employee Benefits Security                   organization any of whose members’                       Responses: 484.
                                             Administration, Department of Labor.                    work results in contributions being                      Estimated Total Burden Hours: 130.
                                                Title: Prohibited Transaction Class                  made to the plan.                                        Estimated Total Burden Cost
                                             Exemptions for Multiple Employer                           Each of these PTEs requires, as part of            (Operating and Maintenance): $91,996.
                                             Plans and Multiple Employer                             its conditions, either written                           Description: The Health Insurance
                                             Apprenticeship Plans, PTE 76–1, PTE                     agreements, recordkeeping, or both. The               Portability and Accountability Act of
                                             77–10, PTE 78–6.                                        Department has combined the                           1996 (HIPAA), codified as Part 7 of Title
                                                Type of Review: Extension of a                       information collection provisions of the              I of the Employee Retirement Security
                                             currently approved collection of                        three PTEs into one ICR because it                    Act of 1974 (ERISA), was enacted to
                                             information.                                            believes that the public benefits from                improve the portability and continuity
                                                OMB Number: 1210–0058.                               having the opportunity to collectively                of health care coverage for participants
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                                                Affected Public: Businesses or other                 review these closely related exemptions               and beneficiaries of group health plans.
                                             for-profits, not-for-profit institutions.               and their similar information                         In the interest of assuring compliance
                                                Respondents: 5,718.                                  collections. The Department previously                with Part 7, section 101(g) of ERISA,
                                                Responses: 5,718.                                    submitted an ICR to OMB for approval                  added by HIPAA, further permits the
                                                Estimated Total Burden Hours: 1,430.                 of the information collections in PTEs                Secretary of Labor (the Secretary) to
                                                Estimated Total Burden Cost                          76–1, 77–10, and 78–6 and received                    require multiple employer welfare
                                             (Operating and Maintenance): $0.                        OMB approval under OMB Control No.                    arrangements (MEWAs), as defined in


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                                             72992                      Federal Register / Vol. 80, No. 225 / Monday, November 23, 2015 / Notices

                                             section 3(40) of ERISA, to report to the                issuance of a cease and desist order may              comment relates only to Part B of the
                                             Secretary in such form and manner as                    request an administrative hearing                     NMSN, which was promulgated by the
                                             the Secretary might determine. The                      regarding the order. This request for an              Department. In connection with
                                             Department published a final rule                       administrative hearing is an information              promulgation of Part B of the NMSN,
                                             providing for such reporting on an                      collection under the Paperwork                        the Department submitted an ICR to
                                             annual basis, together with a form (Form                Reduction Act.                                        OMB for review, and OMB approved the
                                             M–1) to be used by MEWAs for the                           The Department previously submitted                information collections contained in
                                             annual report. The reporting                            this information collection to OMB in                 Part B under OMB control number
                                             requirement enables the Secretary to                    an ICR that was approved under OMB                    1210–0113. OMB’s current approval of
                                             determine whether the requirements of                   Control Number 1210–0148. The current                 this ICR is scheduled to expire on
                                             Part 7 of ERISA are being carried out.                  approval is scheduled to expire on                    March 31, 2016.
                                                The Patient Protection and Affordable                February 29, 2016.                                       Agency: Employee Benefits Security
                                             Care Act (Pub. L. 111–148, 124 Stat.                       Agency: Employee Benefits Security                 Administration, Department of Labor.
                                             119) and the Health Care and Education                  Administration, Department of Labor.                     Title: Securities Lending by Employee
                                             Reconciliation Act of 2010 (Pub. L.111–                    Title: National Medical Support                    Benefit Plans (PTE 2006–16).
                                             152, 124 Stat. 1029) (these are                         Notice—Part B.                                           Type of Review: Extension of a
                                             collectively known as the ‘‘Affordable                     Type of Review: Extension of a                     currently approved collection of
                                             Care Act’’) amended section 101(g) of                   currently approved collection of                      information.
                                             ERISA. Under this amendment, MEWAs                      information.                                             OMB Number: 1210–0065.
                                             providing benefits consisting of medical                   OMB Number: 1210–0113.                                Affected Public: Businesses or other
                                             care (within the meaning of section                        Affected Public: Businesses or other               for-profits, Not-for-profit institutions.
                                             733(a)(2) of ERISA, 29 U.S.C.                           for-profits.                                             Respondents: 85.
                                                                                                        Respondents: 492,000.                                 Responses: 850.
                                             1191b(a)(2)), which are not group health
                                                                                                        Responses: 12,400,000.                                Estimated Total Burden Hours: 163.
                                             plans must now register with the                           Estimated Total Burden Hours:                         Estimated Total Burden Cost
                                             Secretary prior to operating in a State.                1,000,000.                                            (Operating and Maintenance): $4,943.
                                                EBSA previously submitted an ICR for                    Estimated Total Burden Cost                           Description: This ICR covers
                                             the information collection in Form M–                   (Operating and Maintenance):                          information collections contained in
                                             1 to OMB for review under the PRA and                   $6,800,000.                                           PTE 2006–16. In 1981 and 1982, the
                                             received approval under OMB control                        Description: Section 609(a) of ERISA,              Department issued two related
                                             number 1210–0116. This current                          requires each group health plan, as                   prohibited transaction class exemptions,
                                             approval is scheduled to expire on                      defined in ERISA section 607(1), to                   PTE 81–6 and PTE 82–63, that permit
                                             February 29, 2016.                                      provide benefits in accordance with the               employee benefit plans to lend
                                                Agency: Employee Benefits Security                   applicable requirements of any                        securities owned by the plans as
                                             Administration, Department of Labor.                    ‘‘qualified medical child support order’’
                                                Title: MEWA ALJ Administrative                                                                             investments to banks and broker-dealers
                                                                                                     (QMCSO). A QMCSO is, generally, an                    and to make compensation
                                             Hearing Procedures.
                                                                                                     order issued by a state court or other                arrangements for lending services
                                                Type of Review: Extension of a
                                                                                                     competent state authority that requires a             provided by a plan fiduciary in
                                             currently approved collection of
                                                                                                     group health plan to provide group                    connection with securities loans. In
                                             information.
                                                OMB Number: 1210–0148.                               health coverage to a child or children of             2006, the Department promulgated PTE
                                                Affected Public: Businesses or other                 an employee eligible for coverage under               2006–16, which combines and amends
                                             for-profits.                                            the plan. In accordance with                          the exemptions previously provided
                                                Respondents: 10.                                     Congressional directives contained in                 under PTE 81–6 and PTE 82–63. The
                                                Responses: 10.                                       the Child Support Performance and                     new exemption expands the categories
                                                Estimated Total Burden Hours: 20.                    Incentive Act of 1998 (CSPIA), EBSA                   of exempted transactions to include
                                                Estimated Total Burden Cost                          and the Federal Office of Child Support               securities lending to foreign banks and
                                             (Operating and Maintenance): $548,900.                  Enforcement (OCSE) in the Department                  broker-dealers that are domiciled in
                                                Description: Congress enacted section                of Health and Human Services (HHS)                    specified countries and to allow the use
                                             6605 of the Affordable Care Act, Public                 cooperated in the development of                      of additional forms of collateral, all
                                             Law 111–148, 124 Stat. 119, 780 (2010),                 regulations to create a National Medical              subject to specified conditions.
                                             which adds section 521 to ERISA, to                     Support Notice (NMSN or Notice). The                     Among other conditions, the class
                                             give the Secretary additional                           Notice simplifies the issuance and                    exemption requires a bank or broker-
                                             enforcement authority to protect plan                   processing of qualified medical child                 dealer that borrows securities from a
                                             participants, beneficiaries, employees or               support orders issued by state child                  plan to provide the plan with its most
                                             employee organizations, or other                        support enforcement agencies, provides                recent audited financial statement. The
                                             members of the public against                           for standardized communication                        borrower must also affirm, when the
                                             fraudulent, abusive, or financially                     between state agencies, employers, and                loan is negotiated, that there has been
                                             hazardous Multiple Employer Welfare                     plan administrators, and creates a                    no material adverse change in its
                                             Arrangements (MEWAs). This section                      uniform and streamlined process for                   financial condition since the previously
                                             authorizes the Secretary to issue ex                    enforcement of medical child support                  audited statement.
                                             parte cease and desist orders when it                   obligations ordered by state child                       The exemption also requires the
                                             appears to the Secretary that the alleged               support enforcement agencies. The                     agreements regarding the securities loan
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                                             conduct of a MEWA is ‘‘fraudulent, or                   NMSN comprises two parts: Part A was                  transaction or transactions and the
                                             creates an immediate danger to the                      promulgated by HHS and pertains to                    compensation arrangement for the
                                             public safety or welfare, or is causing or              state child support enforcement                       lending fiduciary to be contained in
                                             can be reasonably expected to cause                     agencies and employers; Part B was                    written documents. Individual
                                             significant, imminent, and irreparable                  promulgated by the Department and                     agreements are not required for each
                                             public injury.’’ 29 U.S.C. 1151(a). A                   pertains to plan administrators pursuant              transaction; rather the compensation
                                             person that is adversely affected by the                to ERISA. This solicitation of public                 agreement may be made in the form of


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                                                                        Federal Register / Vol. 80, No. 225 / Monday, November 23, 2015 / Notices                                           72993

                                             a master agreement covering a series of                 participants, beneficiaries, employee                    Type of Review: Extension of a
                                             transactions. The ICRs contained in PTE                 representatives and contributing                      currently approved collection of
                                             2006–16 were approved by OMB under                      employers upon request. The rule                      information.
                                             OMB Control No. 1210–0065, which                        affects plan administrators, participants                OMB Number: 1210–0053.
                                             currently is scheduled to expire on May                 and beneficiaries and contributing                       Affected Public: Businesses or other
                                             31, 2016.                                               employers of multiemployer plans. The                 for-profits, Not-for-profit institutions.
                                                Agency: Employee Benefits Security                   Department previously submitted an                       Respondents: 5,770,307.
                                             Administration, Department of Labor.                    ICR to OMB for approval of this                          Responses: 333,612,550.
                                                Title: Employee Retirement Income                    information collection and received                      Estimated Total Burden Hours:
                                             Security Act of 1974 Investment                         OMB approval under OMB Control No.                    523,000.
                                             Manager Electronic Registration.                        1210–0131. The current approval is                       Estimated Total Burden Cost
                                                Type of Review: Extension of a                       scheduled to expire on May 31, 2016.                  (Operating and Maintenance):
                                             currently approved collection of                           Agency: Employee Benefits Security                 $568,700,000.
                                             information.                                            Administration, Department of Labor.                     Description: Section 503 of ERISA
                                                OMB Number: 1210–0125.                                  Title: Summary Plan Description                    requires each employee benefit plan to
                                                Affected Public: Businesses or other                 Requirements Under the Employee                       provide, pursuant to regulations
                                             for-profits, Not-for-profit institutions.               Retirement Income Security Act of 1974,               promulgated by the Secretary of Labor,
                                                Respondents: 15.                                     as Amended.                                           notice in writing to any participant or
                                                Responses: 15.                                          Type of Review: Extension of a                     beneficiary whose claim for benefits
                                                Estimated Total Burden Hours: 18.                    currently approved collection of                      under the plan has been denied. The
                                                Estimated Total Burden Cost                          information.                                          notice must set forth the specific
                                             (Operating and Maintenance): $1,040.                       OMB Number: 1210–0039.                             reasons for the denial and must be
                                                Description: Section 3(38)(B) of ERISA                                                                     written in a manner calculated to be
                                                                                                        Affected Public: Businesses or other
                                             imposes certain registration                                                                                  understood by the claimant. Plans must
                                                                                                     for-profits, Not-for-profit institutions.
                                             requirements on an investment adviser                                                                         also give a participant or beneficiary
                                                                                                        Respondents: 2,984,011.
                                             that wishes to be considered an                                                                               whose claim has been denied a
                                                                                                        Responses: 106,376,000.
                                             investment manager under ERISA. In                                                                            reasonable opportunity to obtain a full
                                             1997, section 3(38) was amended to                         Estimated Total Burden Hours:
                                                                                                                                                           and fair review of any benefit claim
                                             permit advisers to satisfy the                          260,000.
                                                                                                                                                           denial by the appropriate named
                                             registration requirements by registering                   Estimated Total Burden Cost
                                                                                                                                                           fiduciary.
                                             electronically with the Investment                      (Operating and Maintenance):                             The Department issued a regulation
                                             Adviser Registration Depository (IARD)                  $295,771,000.                                         pertaining to benefit claims procedures
                                             established and maintained by the                          Description: Section 104(b) of ERISA               in 1977 and amended that regulation in
                                             Securities Exchange Commission (SEC).                   requires the administrator of an                      a Notice of Final Rulemaking (NFRM)
                                             The Department promulgated a final                      employee benefit plan to furnish plan                 published on November 21, 2000 (65 FR
                                             regulation (69 FR 52120, Aug. 24, 2004)                 participants and certain beneficiaries                70246). The regulation pertaining to
                                             to implement the statutory change. The                  with a Summary Plan Description (SPD)                 benefit claims procedures is codified at
                                             final regulation is codified at 29 CFR                  that describes, in language                           29 CFR 2560.503–1. The regulation
                                             2510.3–38. EBSA submitted an ICR                        understandable to an average plan                     requires plans to establish reasonable
                                             requesting OMB approval of the                          participant, the benefits, rights, and                claims procedures that meet specified
                                             information collection contained in 29                  obligations of participants in the plan.              standards governing the timing and
                                             CFR 2510.3–38, and OMB approved the                     The information required to be                        content of notices and disclosures.
                                             information collection under OMB                        contained in the SPD is set forth in                  EBSA submitted an ICR for the
                                             control number 1210–0125. The current                   section 102(b) of ERISA. To the extent                information collections in 29 CFR
                                             approval is scheduled to expire on May                  there is a material modification in the               2560.503–1 to OMB for review and
                                             31, 2016.                                               terms of the plan or a change in the                  clearance in connection with
                                                Agency: Employee Benefits Security                   required content of the SPD, section                  publication of the NFRM, and OMB
                                             Administration, Department of Labor.                    104(b)(1) of ERISA requires the plan                  approved the information collections
                                                Title: Access to Multiemployer Plan                  administrator to furnish participants                 under OMB control number 1210–0053.
                                             Information.                                            and specified beneficiaries with a                    That current approval is scheduled to
                                                Type of Review: Extension of a                       summary of material modifications                     expire on July 31, 2016.
                                             currently approved collection of                        (SMM) or summary of material                             Agency: Employee Benefits Security
                                             information.                                            reductions (SMR). The Department has                  Administration, Department of Labor.
                                                OMB Number: 1210–0131.                               issued regulations providing guidance                    Title: PTE 80–83—Sale of Securities
                                                Affected Public: Not-for-profit                      on compliance with the requirements to                To Reduce Indebtedness of Party in
                                             institutions, Businesses or other for-                  furnish SPDs, SMMs, and SMRs. These                   Interest.
                                             profits.                                                regulations, which are codified at 29                    Type of Review: Extension of a
                                                Respondents: 2,826.                                  CFR 2520.102–2, 102–3, and 29 CFR                     currently approved collection of
                                                Responses: 445,000.                                  104b–2 and 104b–3, contain information                information.
                                                Estimated Total Burden Hours:                        collections for which the Department                     OMB Number: 1210–0064.
                                             32,800.                                                 has obtained OMB approval under OMB                      Affected Public: Businesses or other
                                                Estimated Total Burden Cost                          Control No. 1210–0039. The current                    for-profits.
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                                             (Operating and Maintenance): $526,000.                  approval is scheduled to expire on June                  Respondents: 25.
                                                Description: Section 101(k) of ERISA,                30, 2016.                                                Responses: 25.
                                             as amended by the Pension Protection                       Agency: Employee Benefits Security                    Estimated Total Burden Hours: 15.
                                             Act of 2006 requires the administrator of               Administration, Department of Labor.                     Estimated Total Burden Cost
                                             a multiemployer plan to provide copies                     Title: Employee Benefit Plan Claims                (Operating and Maintenance): $0.
                                             of certain actuarial and financial                      Procedure Under the Employee                             Description: PTE 80–83 provides an
                                             documents about the plan to                             Retirement Income Security Act.                       exemption from certain prohibited


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                                             72994                      Federal Register / Vol. 80, No. 225 / Monday, November 23, 2015 / Notices

                                             transaction provisions of ERISA and                        Title: Prohibited Transaction Class                criteria rules are not subject to state law.
                                             from certain taxes imposed by the                       Exemption 88–59, Residential Mortgage                 Among other requirements, the
                                             Internal Revenue Code of 1986 (Code)                    Financing Arrangements Involving                      procedural rules require submission of a
                                             for transactions in which an employee                   Employee Benefit Plans.                               petition and affidavits by parties seeking
                                             benefit plan purchases securities when                     Type of Review: Extension of a                     a finding. The Department has obtained
                                             the proceeds from such purchase may                     currently approved collection of                      approval from OMB, under OMB
                                             be used to reduce or retire a debt owed                 information.                                          Control No. 1210–0119, for the
                                             by a party in interest with respect to                     OMB Number: 1210–0095.                             information collections contained in its
                                             such plan, provided that specified                         Affected Public: Businesses or other               rules for a finding under section 3(40).
                                             conditions are met. Among other                         for-profits, Not-for-profit institutions.             The current approval is scheduled to
                                             conditions, PTE 80–83 requires that                        Respondents: 2,187.                                expire on July 31, 2016.
                                             adequate records pertaining to an                          Responses: 10,936.                                    Agency: Employee Benefits Security
                                             exempted transaction be maintained for                     Estimated Total Burden Hours: 911.                 Administration, Department of Labor.
                                             six years. The Department has received                     Estimated Total Burden Cost                           Title: Plan Asset Transactions
                                             approval from OMB for this ICR under                    (Operating and Maintenance): $0.                      Determined by Independent Qualified
                                             OMB Control No. 1210–0064. The                             Description: PTE 88–59 provides an                 Professional Asset Managers under
                                             current approval is scheduled to expire                 exemption from certain prohibited                     Prohibited Transaction Exemption 84–
                                             on July 31, 2016.                                       transaction provisions of ERISA and                   14.
                                                Agency: Employee Benefits Security                   from certain taxes imposed by the Code                   Type of Review: Extension of a
                                             Administration, Department of Labor.                    for transactions in which an employee                 currently approved collection of
                                                Title: Prohibited Transaction Class                  benefit plan provides mortgage                        information.
                                             Exemption 75–1, Security Transactions                   financing to purchasers of residential                   OMB Number: 1210–0128.
                                             With Broker-Dealers, Reporting Dealers,                 dwelling units, provided specified                       Affected Public: Businesses or other
                                             and Banks.                                              conditions are met. Among other                       for-profits.
                                                Type of Review: Extension of a                       conditions, PTE 88–59 requires that                      Respondents: 5,100.
                                             currently approved collection of                        adequate records pertaining to                           Responses: 5,151.
                                             information.                                            exempted transactions be maintained                      Estimated Total Burden Hours:
                                                OMB Number: 1210–0092.                               for the duration of the pertinent loan.               122,438.
                                                Affected Public: Businesses or other                 This recordkeeping requirement                           Estimated Total Burden Cost
                                             for-profits.                                            constitutes an information collection                 (Operating and Maintenance):
                                                Respondents: 7,492.                                  within the meaning of the PRA, for                    $51,000,000.
                                                Responses: 7,492.                                    which the Department has obtained                        Description: PTE 84–14, a class
                                                Estimated Total Burden Hours: 1,249.                 approval from the Office of Management                exemption that permits various parties
                                                Estimated Total Burden Cost                          and Budget (OMB) under OMB Control                    that are related to employee benefit
                                             (Operating and Maintenance): $0.                        No. 1210–0095. The OMB approval is                    plans to engage in transactions
                                                Description: PTE 75–1 provides                       currently scheduled to expire on July                 involving plan assets if, among other
                                             exemptions from certain prohibited                      31, 2016.                                             conditions, the assets are managed by
                                             transaction provisions of ERISA, and the                   Agency: Employee Benefits Security                 ‘‘qualified professional asset managers’’
                                             Code for specified types of transactions                Administration, Department of Labor.                  (QPAMs) that are independent of the
                                             between employee benefit plans and                         Title: Petition for Finding Under                  parties in interest and which meet
                                             broker-dealers, reporting dealers and                   Employee Retirement Income Security                   specified financial standards. The
                                             banks relating to securities purchases                  Act Section 3(40).                                    exemption provides additional
                                             and sales, provided specified conditions                   Type of Review: Extension of a                     exemptive relief for employers to
                                             are met. The exempted transactions                      currently approved collection of                      furnish limited amounts of goods and
                                             include an employee benefit plan’s                      information.                                          services to a managed fund in the
                                             purchase of securities from broker-                        OMB Number: 1210–0119.                             ordinary course of business. Limited
                                             dealers’ inventories of stocks, from                       Affected Public: Businesses or other               relief also is provided for leases of office
                                             underwriting syndicates in which a plan                 for-profits, Not-for-profit institutions.             or commercial space between managed
                                             fiduciary is a member, from banks, from                    Respondents: 10.                                   funds and QPAMs or contributing
                                             reporting dealers, and from a market-                      Responses: 10.                                     employers. Finally, relief is provided for
                                             maker even if a market-maker is a plan                     Estimated Total Burden Hours: 50.                  transactions involving places of public
                                             fiduciary. The exempted transactions                       Estimated Total Burden Cost                        accommodation owned by a managed
                                             also include, under certain conditions, a               (Operating and Maintenance): $38,454.                 fund. QPAMs are permitted to manage
                                             plan’s accepting an extension of credit                    Description: Rules codified beginning              an investment fund containing the
                                             from a broker-dealer for the purpose of                 at 29 CFR 2570.150 set forth an                       assets of the QPAM’s own plan or an
                                             facilitating settlement of a securities                 administrative procedure (‘‘procedural                affiliate’s plan.
                                             transaction. Among other conditions,                    rules’’) for obtaining a determination by                The Department has obtained
                                             PTE 75–1 requires that a party seeking                  the Department as to whether a                        approval for the information collections
                                             to rely on the exemption with respect to                particular employee benefit plan is                   from OMB under OMB Control No.
                                             a transaction maintain adequate records                 established or maintained under or                    1210–0128. The current approval is
                                             of the transaction for a period of six                  pursuant to one or more collective                    scheduled to expire on July 31, 2016.
                                             years. The Department has obtained                      bargaining agreements for purposes of                    Agency: Employee Benefits Security
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                                             approval from the OMB for this                          section 3(40) of ERISA. These                         Administration, Department of Labor.
                                             information collection under OMB                        procedural rules concern specific                        Title: Statutory Exemption for Cross-
                                             Control No. 1210–0092. The current                      criteria set forth in 29 CFR 2510.3–40                Trading of Securities.
                                             approval is scheduled to expire on July                 (‘‘criteria rules’’), which, if met,                     Type of Review: Extension of a
                                             31, 2016.                                               constitute a finding by the Department                currently approved collection of
                                                Agency: Employee Benefits Security                   that a plan is collectively bargained.                information.
                                             Administration, Department of Labor.                    Plans that meet the requirements of the                  OMB Number: 1210–0130.


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                                                                        Federal Register / Vol. 80, No. 225 / Monday, November 23, 2015 / Notices                                                 72995

                                                Affected Public: Businesses or other                 included in the Proposed Amendment                    DATES:  Monday, December 14, 2015,
                                             for-profits, Not-for-profit institutions.               to PTE 96–23 for Plan Asset                           3:30 p.m. to 3:45 p.m., Eastern Standard
                                                Respondents: 315.                                    Transactions Determined by In-House                   Time.
                                                Responses: 2,834.                                    Asset Managers to OMB for review and                  FOR FURTHER INFORMATION CONTACT: Ms.
                                                Estimated Total Burden Hours: 3,290.                 clearance at the time the Notice of the               Carol Hamilton, Aerospace Safety
                                                Estimated Total Burden Cost                          proposed exemption was published in                   Advisory Panel Interim Executive
                                             (Operating and Maintenance): $14,000.                   the Federal Register (June 14, 2010, 75               Director, NASA Headquarters,
                                                Description: The Interim Final Rule                  FR 33642). OMB most recently                          Washington, DC 20546, (202) 358–1857,
                                             on Statutory Exemption for Cross-                       approved the amendment under OMB                      or email at carol.j.hamilton@nasa.gov.
                                             Trading of Securities implements the                    control number 1210–0145, on July 26,                 SUPPLEMENTARY INFORMATION: The
                                             content requirements for the written                    2013. The current approval will expire
                                             cross-trading policies and procedures                                                                         Aerospace Safety Advisory Panel
                                                                                                     on July 31, 2016.                                     (ASAP) will hold a brief meeting via
                                             required under section 408(b)(19)(H) of
                                             ERISA, as added by section 611(g) of the                II. Focus of Comments                                 teleconference. This discussion is
                                             Pension Protection Act of 2006, Public                                                                        pursuant to carrying out its statutory
                                                                                                       The Department is particularly                      duties for which the Panel reviews,
                                             Law 109–280 (PPA). Section 611(g)(1) of                 interested in comments that:                          identifies, evaluates, and advises on
                                             the PPA created a new statutory                           • Evaluate whether the collections of               those program activities, systems,
                                             exemption, added to section 408(b) of                   information are necessary for the proper
                                             ERISA as subsection 408(b)(19), that                                                                          procedures, and management activities
                                                                                                     performance of the functions of the                   that can contribute to program risk.
                                             exempts from the prohibitions of                        agency, including whether the
                                             sections 406(a)(1)(A) and 406(b)(2) of                                                                        Priority is given to those programs that
                                                                                                     information will have practical utility;              involve the safety of human flight. The
                                             ERISA those cross-trading transactions                    • Evaluate the accuracy of the                      agenda will include:
                                             involving the purchase and sale of a                    agency’s estimate of the collections of
                                             security between an account holding                                                                              • Discussion on possible ASAP
                                                                                                     information, including the validity of                Recommendation(s) for the 2015 ASAP
                                             assets of a pension plan and any other                  the methodology and assumptions used;                 Annual Report.
                                             account managed by the same                               • Enhance the quality, utility, and                    This meeting is open to the public
                                             investment manager, provided that                       clarity of the information to be                      telephonically. Any interested person
                                             certain conditions are satisfied. Section               collected; and                                        may call the USA toll free conference
                                             611(g)(3) of the PPA further directed the                 • Minimize the burden of the                        call number (800) 857–5746; passcode
                                             Secretary to issue regulations, within                  collection of information on those who                4124668. Attendees will be required to
                                             180 days after enactment, regarding the                 are to respond, including through the                 give their name and affiliation at the
                                             content of the policies and procedures                  use of appropriate automated,                         beginning of the teleconference. Note:
                                             to be adopted by an investment manager                  electronic, mechanical, or other                      please ‘‘mute’’ your telephone. It is
                                             to satisfy the conditions of the new                    technological collection techniques or                imperative that the meeting be held on
                                             statutory exemption.                                    other forms of information technology,
                                                The Department issued a final cross-                                                                       this date to accommodate the
                                                                                                     e.g., by permitting electronic                        scheduling priorities of the key
                                             trading regulation on October 7, 2008.                  submissions of responses.
                                             The recordkeeping requirement in the                                                                          participants.
                                                                                                       Comments submitted in response to
                                             regulation constitutes an information                   this notice will be summarized and/or                 Patricia D. Rausch,
                                             collection within the meaning of the                    included in the ICRs for OMB approval                 Advisory Committee Management Officer,
                                             PRA, for which the Department has                       of the extension of the information                   National Aeronautics and Space
                                             obtained approval from OMB under                        collection; they will also become a                   Administration.
                                             OMB Control No. 1210–0130. The                          matter of public record.                              [FR Doc. 2015–29767 Filed 11–20–15; 8:45 am]
                                             current approval is scheduled to expire                                                                       BILLING CODE 7510–13–P
                                             on July 31, 2016.                                       Joseph S. Piacentini,
                                                Agency: Employee Benefits Security                   Director, Office of Policy and Research,
                                             Administration, Department of Labor.                    Employee Benefits Security Administration.
                                                                                                                                                           NUCLEAR REGULATORY
                                                Title: Plan Asset Transactions                       [FR Doc. 2015–29746 Filed 11–20–15; 8:45 am]
                                                                                                                                                           COMMISSION
                                             Determined by In-House Asset Managers                   BILLING CODE 4510–29–P
                                             under Prohibited Transaction Class                                                                            Advisory Committee on Reactor
                                             Exemption 96–23.                                                                                              Safeguards (ACRS); Meeting of the
                                                Type of Review: Extension of a                                                                             ACRS Subcommittee on Reliability and
                                                                                                     NATIONAL AERONAUTICS AND
                                             currently approved collection of                                                                              Probabilistic Risk Assessment; Notice
                                                                                                     SPACE ADMINISTRATION
                                             information.                                                                                                  of Meeting
                                                OMB Number: 1210–0145.                               [Notice: (15–110)]
                                                Affected Public: Businesses or other                                                                          The ACRS Subcommittee on
                                             for-profits.                                            NASA Aerospace Safety Advisory                        Reliability and Probabilistic Risk
                                                Respondents: 40.                                     Panel; Meeting                                        Assessment will hold a meeting on
                                                Responses: 20.                                                                                             December 1, 2015, Room T–2B1, 11545
                                                Estimated Total Burden Hours: 940.                   AGENCY: National Aeronautics and                      Rockville Pike, Rockville, Maryland.
                                                Estimated Total Burden Cost                          Space Administration (NASA).                             The meeting will be open to public
                                             (Operating and Maintenance): $400,000.                  ACTION: Notice of Meeting.                            attendance.
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                                                Description: PTE 96–23, a class                                                                               The agenda for the subject meeting
                                             exemption, permits various transactions                 SUMMARY: In accordance with the                       shall be as follows:
                                             involving employee benefit plans whose                  Federal Advisory Committee Act, Public
                                             assets are managed by in-house asset                    Law 92–463, as amended, the National                  Tuesday, December 1, 2015—8:30 a.m.
                                             managers (INHAMs), provided the                         Aeronautics and Space Administration                  Until 5:00 p.m.
                                             conditions of the exemption are met.                    announces a forthcoming meeting of the                 The Subcommittee will hold a
                                             The Department submitted the ICR                        Aerospace Safety Advisory Panel.                      meeting to discuss if a potential societal


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Document Created: 2018-03-01 11:17:52
Document Modified: 2018-03-01 11:17:52
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 72990 

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