81_FR_55010 81 FR 54851 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Prohibited Transaction Class Exemption for Certain Transactions Between Investment Companies and Employee Benefit Plans (PTE 1977-4)

81 FR 54851 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Prohibited Transaction Class Exemption for Certain Transactions Between Investment Companies and Employee Benefit Plans (PTE 1977-4)

DEPARTMENT OF LABOR
Office of the Secretary

Federal Register Volume 81, Issue 159 (August 17, 2016)

Page Range54851-54852
FR Document2016-19613

The Department of Labor (DOL) is submitting the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) titled, ``Prohibited Transaction Class Exemption for Certain Transactions Between Investment Companies and Employee Benefit Plans (PTE 1977-4),'' to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq. Public comments on the ICR are invited.

Federal Register, Volume 81 Issue 159 (Wednesday, August 17, 2016)
[Federal Register Volume 81, Number 159 (Wednesday, August 17, 2016)]
[Notices]
[Pages 54851-54852]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19613]


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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Prohibited Transaction Class Exemption for 
Certain Transactions Between Investment Companies and Employee Benefit 
Plans (PTE 1977-4)

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Labor (DOL) is submitting the Employee 
Benefits Security Administration (EBSA) sponsored information 
collection request (ICR) titled, ``Prohibited Transaction Class 
Exemption for Certain Transactions Between Investment Companies and 
Employee Benefit Plans (PTE 1977-4),'' to the Office of Management and 
Budget (OMB) for review and approval for continued use, without change, 
in accordance with the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 
3501 et seq. Public comments on the ICR are invited.

DATES: The OMB will consider all written comments that agency receives 
on or before September 16, 2016.

ADDRESSES: A copy of this ICR with applicable supporting documentation; 
including a description of the likely respondents, proposed frequency 
of response, and estimated total burden may be obtained free of charge 
from the RegInfo.gov Web site at http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201607-1210-005 (this link will only become active 
on the day following publication of this notice) or by contacting 
Michel Smyth by telephone at 202-693-4129, TTY 202-693-8064, (these are 
not toll-free numbers) or by email at [email protected].
    Submit comments about this request by mail or courier to the Office 
of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-
EBSA, Office of Management and Budget, Room 10235, 725 17th Street NW., 
Washington, DC 20503; by Fax: 202-395-5806 (this is not a toll-free 
number); or by email: [email protected]. Commenters are 
encouraged, but not required, to send a courtesy copy of any comments 
by mail or courier to the U.S. Department of Labor--OASAM, Office of 
the Chief Information Officer, Attn: Departmental Information 
Compliance Management Program, Room N1301, 200 Constitution Avenue NW., 
Washington, DC 20210; or by email: [email protected].

FOR FURTHER INFORMATION CONTACT: Michel Smyth by telephone at 202-693-
4129, TTY 202-693-8064, (these are not toll-free numbers) or by email 
at [email protected].

    Authority:  44 U.S.C. 3507(a)(1)(D).

SUPPLEMENTARY INFORMATION: This ICR seeks to extend PRA authority for 
the information collection requirements contained in the Prohibited 
Transaction Class Exemption for Certain Transactions Between Investment 
Companies and Employee Benefit Plans (PTE 1977-4). Under circumstances 
the Employee Retirement Income Security Act (ERISA) would otherwise 
prohibit, PTE 1977-4 permits an employee benefit plan to purchase and 
sell shares of an open-end investment company (mutual fund) when a 
fiduciary with respect to the plan is also the investment advisor for 
the mutual fund. PTE 1977-4 incorporates three basic disclosure 
requirements. The first requirement is to disclose any redemption fees 
in the current prospectus of the open-end mutual fund. The second 
requirement is that, at the time of the purchase or sale of such mutual 
fund shares, an independent fiduciary receive a copy of the current 
prospectus issued by the open-end mutual fund and full written 
disclosure of the investment advisory fees charged to or paid by the 
plan and the open-end mutual fund to the investment advisor. The third 
requirement is that the independent fiduciary (1) be notified of any 
changes in the fees and (2) give written approval for the plan to 
purchase or sell affected mutual fund shares or the plan to continue 
possession of any such mutual fund shares acquired before the fee 
changes. ERISA section 408(a) and Internal Revenue Code section 
4975(c)(2) authorize this information collection. See 29 U.S.C. 
1108(a); 26 U.S.C. 4975(c)(2).
    A Federal agency generally cannot conduct or sponsor a collection 
of information, and the public is generally not required to respond to 
an information collection, unless it is approved by the OMB under the 
PRA and displays a currently valid OMB Control Number. In addition, 
notwithstanding any other provisions of law, no person shall generally 
be subject to penalty for failing to comply with a collection of 
information that does not display a valid Control Number. See 5 CFR 
1320.5(a) and 1320.6. The DOL obtains OMB approval for this information 
collection under Control Number 1210-0049.
    OMB authorization for an ICR cannot be for more than three (3) 
years without renewal, and the current approval for this collection is 
scheduled to expire on August 31, 2016. The DOL seeks to extend PRA 
authorization for this information collection for three (3) more years, 
without any change to existing requirements. The DOL notes that 
existing information collection requirements submitted to the OMB 
receive a month-to-month extension while they undergo review. For 
additional substantive information about this ICR, see the related 
notice published in the Federal Register on May 26, 2016 (81 FR 33550).
    Interested parties are encouraged to send comments to the OMB, 
Office of Information and Regulatory Affairs at the address shown in 
the ADDRESSES section within thirty (30) days of publication of this 
notice in the Federal Register. In order to help ensure appropriate 
consideration, comments should mention OMB Control Number 1210-0049. 
The OMB is particularly interested in comments that:
     Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
     Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
     Enhance the quality, utility, and clarity of the 
information to be collected; and
     Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other

[[Page 54852]]

technological collection techniques or other forms of information 
technology, e.g., permitting electronic submission of responses.
    Agency: DOL-EBSA.
    Title of Collection: Prohibited Transaction Class Exemption for 
Certain Transactions Between Investment Companies and Employee Benefit 
Plans (PTE 1977-4).
    OMB Control Number: 1210-0049.
    Affected Public: Private Sector--businesses or other for-profits 
and not-for-profit institutions.
    Total Estimated Number of Respondents: 873.
    Total Estimated Number of Responses: 271,238.
    Total Estimated Annual Time Burden: 23,040 hours.
    Total Estimated Annual Other Costs Burden: $117,069.

     Dated: August 11, 2016.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2016-19613 Filed 8-16-16; 8:45 am]
 BILLING CODE 4510-29-P



                                                                             Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Notices                                          54851

                                                  before the ACA between the time of this                 telephone at 202–693–4129, TTY 202–                   ERISA section 408(a) and Internal
                                                  publication and the scheduled date of                   693–8064, (these are not toll-free                    Revenue Code section 4975(c)(2)
                                                  the ACA meeting. All meeting updates                    numbers) or by email at DOL_PRA_                      authorize this information collection.
                                                  will be posted to the Office of                         PUBLIC@dol.gov.                                       See 29 U.S.C. 1108(a); 26 U.S.C.
                                                  Apprenticeship’s homepage: http://                         Submit comments about this request                 4975(c)(2).
                                                  www.dol.gov/apprenticeship. Any                         by mail or courier to the Office of                     A Federal agency generally cannot
                                                  member of the public who wishes to                      Information and Regulatory Affairs,                   conduct or sponsor a collection of
                                                  speak at the meeting should indicate the                Attn: OMB Desk Officer for DOL–EBSA,                  information, and the public is generally
                                                  nature of the intended presentation and                 Office of Management and Budget,                      not required to respond to an
                                                  the amount of time needed by                            Room 10235, 725 17th Street NW.,                      information collection, unless it is
                                                  furnishing a written statement to the                   Washington, DC 20503; by Fax: 202–                    approved by the OMB under the PRA
                                                  Designated Federal Official, Mr. John V.                395–5806 (this is not a toll-free                     and displays a currently valid OMB
                                                  Ladd, by Tuesday, September 20, 2016.                   number); or by email: OIRA_                           Control Number. In addition,
                                                  The Chairperson will announce at the                    submission@omb.eop.gov. Commenters                    notwithstanding any other provisions of
                                                  beginning of the meeting the extent to                  are encouraged, but not required, to                  law, no person shall generally be subject
                                                  which time will permit the granting of                  send a courtesy copy of any comments                  to penalty for failing to comply with a
                                                  such requests.                                          by mail or courier to the U.S.                        collection of information that does not
                                                                                                          Department of Labor—OASAM, Office                     display a valid Control Number. See 5
                                                  Portia Wu,
                                                                                                          of the Chief Information Officer, Attn:               CFR 1320.5(a) and 1320.6. The DOL
                                                  Assistant Secretary for the Employment and              Departmental Information Compliance                   obtains OMB approval for this
                                                  Training Administration.
                                                                                                          Management Program, Room N1301,                       information collection under Control
                                                  [FR Doc. 2016–19615 Filed 8–16–16; 8:45 am]             200 Constitution Avenue NW.,                          Number 1210–0049.
                                                  BILLING CODE 4510–FR–P                                  Washington, DC 20210; or by email:                      OMB authorization for an ICR cannot
                                                                                                          DOL_PRA_PUBLIC@dol.gov.                               be for more than three (3) years without
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      renewal, and the current approval for
                                                  DEPARTMENT OF LABOR                                                                                           this collection is scheduled to expire on
                                                                                                          Michel Smyth by telephone at 202–693–
                                                                                                          4129, TTY 202–693–8064, (these are not                August 31, 2016. The DOL seeks to
                                                  Office of the Secretary
                                                                                                          toll-free numbers) or by email at DOL_                extend PRA authorization for this
                                                  Agency Information Collection                           PRA_PUBLIC@dol.gov.                                   information collection for three (3) more
                                                  Activities; Submission for OMB                                                                                years, without any change to existing
                                                                                                            Authority: 44 U.S.C. 3507(a)(1)(D).
                                                  Review; Comment Request; Prohibited                                                                           requirements. The DOL notes that
                                                                                                          SUPPLEMENTARY INFORMATION:      This ICR              existing information collection
                                                  Transaction Class Exemption for                         seeks to extend PRA authority for the
                                                  Certain Transactions Between                                                                                  requirements submitted to the OMB
                                                                                                          information collection requirements                   receive a month-to-month extension
                                                  Investment Companies and Employee                       contained in the Prohibited Transaction
                                                  Benefit Plans (PTE 1977–4)                                                                                    while they undergo review. For
                                                                                                          Class Exemption for Certain                           additional substantive information
                                                  ACTION:   Notice.                                       Transactions Between Investment                       about this ICR, see the related notice
                                                                                                          Companies and Employee Benefit Plans                  published in the Federal Register on
                                                  SUMMARY:   The Department of Labor                      (PTE 1977–4). Under circumstances the                 May 26, 2016 (81 FR 33550).
                                                  (DOL) is submitting the Employee                        Employee Retirement Income Security                     Interested parties are encouraged to
                                                  Benefits Security Administration                        Act (ERISA) would otherwise prohibit,                 send comments to the OMB, Office of
                                                  (EBSA) sponsored information                            PTE 1977–4 permits an employee                        Information and Regulatory Affairs at
                                                  collection request (ICR) titled,                        benefit plan to purchase and sell shares              the address shown in the ADDRESSES
                                                  ‘‘Prohibited Transaction Class                          of an open-end investment company                     section within thirty (30) days of
                                                  Exemption for Certain Transactions                      (mutual fund) when a fiduciary with                   publication of this notice in the Federal
                                                  Between Investment Companies and                        respect to the plan is also the                       Register. In order to help ensure
                                                  Employee Benefit Plans (PTE 1977–4),’’                  investment advisor for the mutual fund.               appropriate consideration, comments
                                                  to the Office of Management and Budget                  PTE 1977–4 incorporates three basic                   should mention OMB Control Number
                                                  (OMB) for review and approval for                       disclosure requirements. The first                    1210–0049. The OMB is particularly
                                                  continued use, without change, in                       requirement is to disclose any                        interested in comments that:
                                                  accordance with the Paperwork                           redemption fees in the current                          • Evaluate whether the proposed
                                                  Reduction Act of 1995 (PRA), 44 U.S.C.                  prospectus of the open-end mutual                     collection of information is necessary
                                                  3501 et seq. Public comments on the                     fund. The second requirement is that, at              for the proper performance of the
                                                  ICR are invited.                                        the time of the purchase or sale of such              functions of the agency, including
                                                  DATES: The OMB will consider all                        mutual fund shares, an independent                    whether the information will have
                                                  written comments that agency receives                   fiduciary receive a copy of the current               practical utility;
                                                  on or before September 16, 2016.                        prospectus issued by the open-end                       • Evaluate the accuracy of the
                                                  ADDRESSES: A copy of this ICR with                      mutual fund and full written disclosure               agency’s estimate of the burden of the
                                                  applicable supporting documentation;                    of the investment advisory fees charged               proposed collection of information,
                                                  including a description of the likely                   to or paid by the plan and the open-end               including the validity of the
                                                  respondents, proposed frequency of                      mutual fund to the investment advisor.                methodology and assumptions used;
                                                  response, and estimated total burden                    The third requirement is that the                       • Enhance the quality, utility, and
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                                                  may be obtained free of charge from the                 independent fiduciary (1) be notified of              clarity of the information to be
                                                  RegInfo.gov Web site at http://                         any changes in the fees and (2) give                  collected; and
                                                  www.reginfo.gov/public/do/                              written approval for the plan to                        • Minimize the burden of the
                                                  PRAViewICR?ref_nbr=201607-1210-005                      purchase or sell affected mutual fund                 collection of information on those who
                                                  (this link will only become active on the               shares or the plan to continue                        are to respond, including through the
                                                  day following publication of this notice)               possession of any such mutual fund                    use of appropriate automated,
                                                  or by contacting Michel Smyth by                        shares acquired before the fee changes.               electronic, mechanical, or other


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                                                  54852                      Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Notices

                                                  technological collection techniques or                  numbers) or sending an email to DOL_                  informing respondents with disabilities
                                                  other forms of information technology,                  PRA_PUBLIC@dol.gov.                                   how they may obtain assistance in filing
                                                  e.g., permitting electronic submission of                 Submit comments about this request                  a claim. A certification on Form CA–41
                                                  responses.                                              by mail or courier to the Office of                   has also been clarified and direct
                                                    Agency: DOL–EBSA.                                     Information and Regulatory Affairs,                   deposit information has been added.
                                                    Title of Collection: Prohibited                       Attn: OMB Desk Officer for DOL–                          This information collection is subject
                                                  Transaction Class Exemption for Certain                 OWCP, Office of Management and                        to the PRA. A Federal agency generally
                                                  Transactions Between Investment                         Budget, Room 10235, 725 17th Street                   cannot conduct or sponsor a collection
                                                  Companies and Employee Benefit Plans                    NW., Washington, DC 20503; by Fax:                    of information, and the public is
                                                  (PTE 1977–4).                                           202–395–5806 (this is not a toll-free                 generally not required to respond to an
                                                    OMB Control Number: 1210–0049.                        number); or by email: OIRA_                           information collection, unless it is
                                                    Affected Public: Private Sector—                      submission@omb.eop.gov. Commenters                    approved by the OMB under the PRA
                                                  businesses or other for-profits and not-                are encouraged, but not required, to                  and displays a currently valid OMB
                                                  for-profit institutions.                                send a courtesy copy of any comments                  Control Number. In addition,
                                                    Total Estimated Number of                             by mail or courier to the U.S.                        notwithstanding any other provisions of
                                                  Respondents: 873.                                       Department of Labor-OASAM, Office of                  law, no person shall generally be subject
                                                    Total Estimated Number of                             the Chief Information Officer, Attn:                  to penalty for failing to comply with a
                                                  Responses: 271,238.                                     Departmental Information Compliance                   collection of information that does not
                                                    Total Estimated Annual Time Burden:                   Management Program, Room N1301,                       display a valid Control Number. See 5
                                                  23,040 hours.                                           200 Constitution Avenue NW.,                          CFR 1320.5(a) and 1320.6. The DOL
                                                    Total Estimated Annual Other Costs                    Washington, DC 20210; or by email:                    obtains OMB approval for this
                                                  Burden: $117,069.                                       DOL_PRA_PUBLIC@dol.gov.                               information collection under Control
                                                    Dated: August 11, 2016.                               FOR FURTHER INFORMATION CONTACT:                      Number 1240–0017. The current
                                                  Michel Smyth,                                           Michel Smyth by telephone at 202–693–                 approval is scheduled to expire on
                                                  Departmental Clearance Officer.                         4129, TTY 202–693–8064, (these are not                August 31, 2016; however, the DOL
                                                  [FR Doc. 2016–19613 Filed 8–16–16; 8:45 am]             toll-free numbers) or sending an email                notes that existing information
                                                                                                          to DOL_PRA_PUBLIC@dol.gov.                            collection requirements submitted to the
                                                  BILLING CODE 4510–29–P
                                                                                                                                                                OMB receive a month-to-month
                                                                                                            Authority: 44 U.S.C. 3507(a)(1)(D).
                                                                                                                                                                extension while they undergo review.
                                                                                                          SUPPLEMENTARY INFORMATION:       This ICR             New requirements would only take
                                                  DEPARTMENT OF LABOR                                     seeks approval under the PRA for                      effect upon OMB approval. For
                                                                                                          revisions to the Death Gratuity Forms.                additional substantive information
                                                  Office of the Secretary
                                                                                                          The National Defense Authorization Act                about this ICR, see the related notice
                                                  Agency Information Collection                           for Fiscal Year 2008, Public Law 110–                 published in the Federal Register on
                                                  Activities; Submission for OMB                          181, amended the Federal Employees’                   April 13, 2016 (81 FR 21905).
                                                  Review; Comment Request; Death                          Compensation Act (FECA) by                               Interested parties are encouraged to
                                                  Gratuity                                                establishing a FECA death gratuity                    send comments to the OMB, Office of
                                                                                                          benefit of up to $100,000 for eligible                Information and Regulatory Affairs at
                                                  ACTION:   Notice.                                       beneficiaries of Federal employees and                the address shown in the ADDRESSES
                                                                                                          Non-Appropriated Fund Instrumentality                 section within thirty (30) days of
                                                  SUMMARY:   The Department of Labor                      employees who die from injuries
                                                  (DOL) is submitting the Office of                                                                             publication of this notice in the Federal
                                                                                                          incurred in connection with service                   Register. In order to help ensure
                                                  Workers’ Compensation Programs                          with an Armed Force in a contingency
                                                  (OWCP) sponsored information                                                                                  appropriate consideration, comments
                                                                                                          operation. The OWCP associates three                  should mention OMB Control Number
                                                  collection request (ICR) revision titled,               forms with this ICR. Form CA–40
                                                  ‘‘Death Gratuity,’’ to the Office of                                                                          1240–0017. The OMB is particularly
                                                                                                          requests information necessary from an                interested in comments that:
                                                  Management and Budget (OMB) for                         employee who chooses to name                            • Evaluate whether the proposed
                                                  review and approval for use in                          alternate beneficiaries from those                    collection of information is necessary
                                                  accordance with the Paperwork                           otherwise established by law. Form CA–                for the proper performance of the
                                                  Reduction Act (PRA) of 1995 (44 U.S.C.                  41 provides the means for those named                 functions of the agency, including
                                                  3501 et seq.). Public comments on the                   beneficiaries to file benefit claims.                 whether the information will have
                                                  ICR are invited.                                        Information provided by such claimants                practical utility;
                                                  DATES: The OMB will consider all                        allows the OWCP to determine payment                    • Evaluate the accuracy of the
                                                  written comments that agency receives                   eligibility. The statute and regulations              agency’s estimate of the burden of the
                                                  on or before September 16, 2016.                        also require Agencies to notify the                   proposed collection of information,
                                                  ADDRESSES: A copy of this ICR with                      OWCP immediately upon the death of a                  including the validity of the
                                                  applicable supporting documentation;                    covered employee, and Form CA–42                      methodology and assumptions used;
                                                  including a description of the likely                   provides the means to accomplish this                   • Enhance the quality, utility, and
                                                  respondents, proposed frequency of                      notification. This latter form requests               clarity of the information to be
                                                  response, and estimated total burden                    information necessary to administer any               collected; and
                                                  may be obtained free of charge from the                 claim for benefits resulting from such a                • Minimize the burden of the
                                                  RegInfo.gov Web site at http://                         death. The Federal Employee                           collection of information on those who
mstockstill on DSK3G9T082PROD with NOTICES




                                                  www.reginfo.gov/public/do/                              Compensation Act authorizes this                      are to respond, including through the
                                                  PRAViewICR?ref_nbr=201603–1240–001                      information collection. See 5 U.S.C.                  use of appropriate automated,
                                                  (this link will only become active on the               8145, 8149.                                           electronic, mechanical, or other
                                                  day following publication of this notice)                  This information collection has been               technological collection techniques or
                                                  or by contacting Michel Smyth by                        classified as a revision, because of                  other forms of information technology,
                                                  telephone at 202–693–4129, TTY 202–                     changes to the forms. For example, each               e.g., permitting electronic submission of
                                                  693–8064, (these are not toll-free                      form has enhanced the statement                       responses.


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Document Created: 2018-02-09 11:35:11
Document Modified: 2018-02-09 11:35:11
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.
DatesThe OMB will consider all written comments that agency receives on or before September 16, 2016.
ContactMichel Smyth by telephone at 202-693- 4129, TTY 202-693-8064, (these are not toll-free numbers) or by email at [email protected]
FR Citation81 FR 54851 

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