82_FR_11275 82 FR 11242 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Default Investment Alternatives Under Participant Directed Individual Account Plans

82 FR 11242 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Default Investment Alternatives Under Participant Directed Individual Account Plans

DEPARTMENT OF LABOR
Office of the Secretary

Federal Register Volume 82, Issue 33 (February 21, 2017)

Page Range11242-11243
FR Document2017-03359

The Department of Labor (DOL) is submitting the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) titled, ``Default Investment Alternatives under Participant Directed Individual Account Plans,'' 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). Public comments on the ICR are invited.

Federal Register, Volume 82 Issue 33 (Tuesday, February 21, 2017)
[Federal Register Volume 82, Number 33 (Tuesday, February 21, 2017)]
[Notices]
[Pages 11242-11243]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03359]


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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Default Investment Alternatives Under 
Participant Directed Individual Account Plans

ACTION: Notice.

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

SUMMARY: The Department of Labor (DOL) is submitting the Employee 
Benefits Security Administration (EBSA) sponsored information 
collection request (ICR) titled, ``Default Investment Alternatives 
under Participant Directed Individual Account Plans,'' 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). Public comments on the ICR are invited.

DATES: The OMB will consider all written comments that agency receives 
on or before March 23, 2017.

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=201701-1210-006 (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

[[Page 11243]]

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].

SUPPLEMENTARY INFORMATION: This ICR seeks to extend PRA authority for 
the information collection requirements specified in regulations 29 CFR 
2520.104b-1 and 2550.404c-5. More specifically, Employee Retirement 
Income Security Act of 1974 (ERISA) section 404(c), 29 U.S.C. 1104(c), 
provides that a participant or beneficiary who can hold an individual 
account under his or her pension plan and who can exercise control over 
account assets, as determined in DOL regulations, will not be treated 
as a plan fiduciary. Moreover, no other plan fiduciary will be liable 
for any loss, or due to any breach, resulting from the participant's or 
beneficiary's exercise of control over the individual account assets. 
The Pension Protection Act, Public Law 109-280, amended the ERISA by 
adding section 404(c)(5)(A), 29 U.S.C. 1104(c)(5)(A), which provides 
that a participant in an individual account plan who fails to make 
investment elections regarding his or her account assets will 
nevertheless be treated as having exercised control over those assets, 
so long as the plan provides appropriate notice and invests the assets 
in accordance with DOL regulations. The DOL, accordingly, promulgated a 
regulation to offer guidance on the types of investment vehicles that a 
plan may choose as its qualified default investment alternative (QDIA). 
The regulation also outlines two information collection requirements. 
First, it implements the statutory requirement that a plan provide an 
annual notice to each participant and beneficiary whose account assets 
could be invested in a QDIA. Second, the regulation requires a plan to 
pass any pertinent materials it receives from a QDIA to any participant 
or beneficiary with assets invested in the QDIA, as well to provide 
certain information on request. These information collections inform 
participants and beneficiaries who do not make investment elections of 
the consequences of the failure to elect investments, the ways in which 
account assets will be invested through the QDIA, and of the continuing 
opportunity to make other investment elections, including options 
available under the plan. ERISA section 404(c)(5)(A) authorizes this 
information collection. See 29 U.S.C. 1104(c)(5)(A).
    This information collection is subject to the PRA. 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 1210-0132.
    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 February 28, 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 October 28, 2016 (81 FR 
75157).
    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 1210-0132. 
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 technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of responses.
    Agency: DOL-EBSA.
    Title of Collection: Default Investment Alternatives under 
Participant Directed Individual Account Plans.
    OMB Control Number: 1210-0132.
    Affected Public: Private Sector--businesses or other for-profits 
and not-for-profit institutions.
    Total Estimated Number of Respondents: 276,222.
    Total Estimated Number of Responses: 36,249,796.
    Total Estimated Annual Time Burden: 191,640 hours.
    Total Estimated Annual Other Costs Burden: $9,959,269.

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

     Dated: February 13, 2017.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2017-03359 Filed 2-17-17; 8:45 am]
 BILLING CODE 4510-29-P



                                                11242                       Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Notices

                                                DEPARTMENT OF LABOR                                     Partnership Pilots (P–3) for                            OMB ICR Reference Number: 201609–
                                                                                                        Disconnected Youth Program National                   1290–002.
                                                Office of the Secretary                                 Evaluation information collection. More                 Affected Public: Individuals or
                                                                                                        specifically, this ICR seeks clearance for            Households; State, Local, and Tribal
                                                Agency Information Collection                           four (4) data collection activities                   Governments; Private Sector—
                                                Activities; Submission for OMB                          conducted as part of the evaluation’s                 businesses or other for-profits and not-
                                                Review; Comment Request;                                implementation and systems analyses:                  for-profit institutions.
                                                Performance Partnership Pilots for                      (1) Site visit interviews; (2) focus group              Total Estimated Number of
                                                Disconnected Youth Program National                     discussions with P3 youth participants;               Respondents: 252.
                                                Evaluation                                              (3) a survey of partner managers; and (4)               Total Estimated Number of
                                                                                                        a survey of partner service providers.                Responses: 252.
                                                ACTION:   Notice.                                                                                               Total Estimated Annual Time Burden:
                                                                                                           This proposed information collection
                                                SUMMARY:    The Department of Labor                     is subject to the PRA. A Federal agency               195 hours.
                                                (DOL) is submitting the information                     generally cannot conduct or sponsor a                   Total Estimated Annual Other Costs
                                                collection request (ICR) proposal titled,               collection of information, and the public             Burden: $0.
                                                ‘‘Performance Partnership Pilots for                    is generally not required to respond to                 Dated: February 14, 2017.
                                                Disconnected Youth Program National                     an information collection, unless it is               Michel Smyth,
                                                Evaluation,’’ to the Office of                          approved by the OMB under the PRA                     Departmental Clearance Officer.
                                                Management and Budget (OMB) for                         and displays a currently valid OMB                    [FR Doc. 2017–03354 Filed 2–17–17; 8:45 am]
                                                review and approval for use in                          Control Number. In addition,
                                                                                                                                                              BILLING CODE 4510–HX–P
                                                accordance with the Paperwork                           notwithstanding any other provisions of
                                                Reduction Act (PRA) of 1995. Public                     law, no person shall generally be subject
                                                comments on the ICR are invited.                        to penalty for failing to comply with a               DEPARTMENT OF LABOR
                                                DATES: The OMB will consider all                        collection of information if the
                                                written comments that agency receives                   collection of information does not                    Office of the Secretary
                                                on or before March 23, 2017.                            display a valid Control Number. See 5
                                                ADDRESSES: A copy of this ICR with                      CFR 1320.5(a) and 1320.6. For                         Agency Information Collection
                                                applicable supporting documentation;                    additional information, see the related               Activities; Submission for OMB
                                                including a description of the likely                   notice published in the Federal Register              Review; Comment Request; Default
                                                respondents, proposed frequency of                      on May 19, 2016 (81 FR 31664).                        Investment Alternatives Under
                                                response, and estimated total burden                       Interested parties are encouraged to               Participant Directed Individual Account
                                                may be obtained free of charge from the                 send comments to the OMB, Office of                   Plans
                                                RegInfo.gov Web site at http://                         Information and Regulatory Affairs at
                                                                                                        the address shown in the ADDRESSES                    ACTION:   Notice.
                                                www.reginfo.gov/public/do/
                                                PRAViewICR?ref_nbr=201609-1290-002                      section within thirty (30) days of                    SUMMARY:    The Department of Labor
                                                (this link will only become active on the               publication of this notice in the Federal             (DOL) is submitting the Employee
                                                day following publication of this notice)               Register. In order to help ensure                     Benefits Security Administration
                                                or by contacting Michel Smyth by                        appropriate consideration, comments                   (EBSA) sponsored information
                                                telephone at 202–693–4129 (this is not                  should mention OMB ICR Reference                      collection request (ICR) titled, ‘‘Default
                                                a toll-free number) or by email at DOL_                 Number 201609–1290–002. The OMB is                    Investment Alternatives under
                                                PRA_PUBLIC@dol.gov.                                     particularly interested in comments                   Participant Directed Individual Account
                                                   Submit comments about this request                   that:                                                 Plans,’’ to the Office of Management and
                                                by mail or courier to the Office of                        • Evaluate whether the proposed                    Budget (OMB) for review and approval
                                                Information and Regulatory Affairs,                     collection of information is necessary                for continued use, without change, in
                                                Attn: OMB Desk Officer for DOL–OS,                      for the proper performance of the                     accordance with the Paperwork
                                                Office of Management and Budget,                        functions of the agency, including                    Reduction Act of 1995 (PRA). Public
                                                Room 10235, 725 17th Street NW.,                        whether the information will have                     comments on the ICR are invited.
                                                Washington, DC 20503; by Fax: 202–                      practical utility;
                                                                                                           • Evaluate the accuracy of the                     DATES: The OMB will consider all
                                                395–5806 (this is not a toll-free                                                                             written comments that agency receives
                                                number); or by email: OIRA_                             agency’s estimate of the burden of the
                                                                                                        proposed collection of information,                   on or before March 23, 2017.
                                                submission@omb.eop.gov. Commenters
                                                                                                        including the validity of the                         ADDRESSES: A copy of this ICR with
                                                are encouraged, but not required, to
                                                                                                        methodology and assumptions used;                     applicable supporting documentation;
                                                send a courtesy copy of any comments
                                                by mail or courier to the U.S.                             • Enhance the quality, utility, and                including a description of the likely
                                                                                                        clarity of the information to be                      respondents, proposed frequency of
                                                Department of Labor-OASAM, Office of
                                                the Chief Information Officer, Attn:                    collected; and                                        response, and estimated total burden
                                                Departmental Information Compliance                        • Minimize the burden of the                       may be obtained free of charge from the
                                                Management Program, Room N1301,                         collection of information on those who                RegInfo.gov Web site at http://
                                                200 Constitution Avenue NW.,                            are to respond, including through the                 www.reginfo.gov/public/do/
                                                Washington, DC 20210; or by email:                      use of appropriate automated,                         PRAViewICR?ref_nbr=201701-1210-006
                                                DOL_PRA_PUBLIC@dol.gov.                                 electronic, mechanical, or other                      (this link will only become active on the
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        technological collection techniques or                day following publication of this notice)
                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                        other forms of information technology,                or by contacting Michel Smyth by
                                                Michel Smyth by telephone at 202–693–
                                                                                                        e.g., permitting electronic submission of             telephone at 202–693–4129, TTY 202–
                                                4129 (this is not a toll-free number) or
                                                                                                        responses.                                            693–8064, (these are not toll-free
                                                by email at DOL_PRA_PUBLIC@dol.gov.
                                                                                                           Agency: DOL–OS.                                    numbers) or by email at DOL_PRA_
                                                   Authority: 44 U.S.C. 3507(a)(1)(D).                     Title of Collection: Performance                   PUBLIC@dol.gov.
                                                SUPPLEMENTARY INFORMATION:    This ICR                  Partnership Pilots for Disconnected                      Submit comments about this request
                                                seeks PRA authority for the Performance                 Youth Program National Evaluation.                    by mail or courier to the Office of


                                           VerDate Sep<11>2014   17:15 Feb 17, 2017   Jkt 241001   PO 00000   Frm 00072   Fmt 4703   Sfmt 4703   E:\FR\FM\21FEN1.SGM   21FEN1


                                                                            Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Notices                                                 11243

                                                Information and Regulatory Affairs,                     QDIA to any participant or beneficiary                proposed collection of information,
                                                Attn: OMB Desk Officer for DOL–EBSA,                    with assets invested in the QDIA, as                  including the validity of the
                                                Office of Management and Budget,                        well to provide certain information on                methodology and assumptions used;
                                                Room 10235, 725 17th Street NW.,                        request. These information collections                  • Enhance the quality, utility, and
                                                Washington, DC 20503; by Fax: 202–                      inform participants and beneficiaries                 clarity of the information to be
                                                395–5806 (this is not a toll-free                       who do not make investment elections                  collected; and
                                                number); or by email: OIRA_                             of the consequences of the failure to                   • Minimize the burden of the
                                                submission@omb.eop.gov. Commenters                      elect investments, the ways in which                  collection of information on those who
                                                are encouraged, but not required, to                    account assets will be invested through               are to respond, including through the
                                                send a courtesy copy of any comments                    the QDIA, and of the continuing                       use of appropriate automated,
                                                by mail or courier to the U.S.                          opportunity to make other investment                  electronic, mechanical, or other
                                                Department of Labor-OASAM, Office of                    elections, including options available                technological collection techniques or
                                                the Chief Information Officer, Attn:                    under the plan. ERISA section                         other forms of information technology,
                                                Departmental Information Compliance                     404(c)(5)(A) authorizes this information              e.g., permitting electronic submission of
                                                Management Program, Room N1301,                         collection. See 29 U.S.C. 1104(c)(5)(A).              responses.
                                                200 Constitution Avenue NW.,                              This information collection is subject
                                                                                                        to the PRA. A Federal agency generally                  Agency: DOL–EBSA.
                                                Washington, DC 20210; or by email:
                                                                                                        cannot conduct or sponsor a collection                  Title of Collection: Default Investment
                                                DOL_PRA_PUBLIC@dol.gov.
                                                                                                        of information, and the public is                     Alternatives under Participant Directed
                                                FOR FURTHER INFORMATION CONTACT:                                                                              Individual Account Plans.
                                                Michel Smyth by telephone at 202–693–                   generally not required to respond to an
                                                                                                        information collection, unless it is                    OMB Control Number: 1210–0132.
                                                4129, TTY 202–693–8064, (these are not
                                                toll-free numbers) or by email at DOL_                  approved by the OMB under the PRA                       Affected Public: Private Sector—
                                                PRA_PUBLIC@dol.gov.                                     and displays a currently valid OMB                    businesses or other for-profits and not-
                                                                                                        Control Number. In addition,                          for-profit institutions.
                                                SUPPLEMENTARY INFORMATION: This ICR
                                                                                                        notwithstanding any other provisions of                 Total Estimated Number of
                                                seeks to extend PRA authority for the
                                                                                                        law, no person shall generally be subject             Respondents: 276,222.
                                                information collection requirements
                                                                                                        to penalty for failing to comply with a                 Total Estimated Number of
                                                specified in regulations 29 CFR
                                                                                                        collection of information that does not               Responses: 36,249,796.
                                                2520.104b–1 and 2550.404c–5. More                       display a valid Control Number. See 5
                                                specifically, Employee Retirement                                                                               Total Estimated Annual Time Burden:
                                                                                                        CFR 1320.5(a) and 1320.6. The DOL                     191,640 hours.
                                                Income Security Act of 1974 (ERISA)                     obtains OMB approval for this
                                                section 404(c), 29 U.S.C. 1104(c),                                                                              Total Estimated Annual Other Costs
                                                                                                        information collection under Control                  Burden: $9,959,269.
                                                provides that a participant or                          Number 1210–0132.
                                                beneficiary who can hold an individual                    OMB authorization for an ICR cannot                   Authority: 44 U.S.C. 3507(a)(1)(D).
                                                account under his or her pension plan                   be for more than three (3) years without                Dated: February 13, 2017.
                                                and who can exercise control over                       renewal, and the current approval for                 Michel Smyth,
                                                account assets, as determined in DOL                    this collection is scheduled to expire on
                                                regulations, will not be treated as a plan                                                                    Departmental Clearance Officer.
                                                                                                        February 28, 2016. The DOL seeks to
                                                fiduciary. Moreover, no other plan                                                                            [FR Doc. 2017–03359 Filed 2–17–17; 8:45 am]
                                                                                                        extend PRA authorization for this
                                                fiduciary will be liable for any loss, or               information collection for three (3) more             BILLING CODE 4510–29–P
                                                due to any breach, resulting from the                   years, without any change to existing
                                                participant’s or beneficiary’s exercise of              requirements. The DOL notes that
                                                control over the individual account                                                                           DEPARTMENT OF LABOR
                                                                                                        existing information collection
                                                assets. The Pension Protection Act,                     requirements submitted to the OMB                     Office of the Secretary
                                                Public Law 109–280, amended the                         receive a month-to-month extension
                                                ERISA by adding section 404(c)(5)(A),                   while they undergo review. For                        Agency Information Collection
                                                29 U.S.C. 1104(c)(5)(A), which provides                 additional substantive information                    Activities; Submission for OMB
                                                that a participant in an individual                     about this ICR, see the related notice                Review; Comment Request; Pre-
                                                account plan who fails to make                          published in the Federal Register on                  Implementation Planning Checklist
                                                investment elections regarding his or                   October 28, 2016 (81 FR 75157).                       Report for State Unemployment
                                                her account assets will nevertheless be                   Interested parties are encouraged to                Insurance Information Technology
                                                treated as having exercised control over                send comments to the OMB, Office of                   Modernization Projects
                                                those assets, so long as the plan                       Information and Regulatory Affairs at
                                                provides appropriate notice and invests                 the address shown in the ADDRESSES                    ACTION:   Notice.
                                                the assets in accordance with DOL                       section within thirty (30) days of
                                                regulations. The DOL, accordingly,                      publication of this notice in the Federal             SUMMARY:   The Department of Labor
                                                promulgated a regulation to offer                       Register. In order to help ensure                     (DOL) is submitting the Employment
                                                guidance on the types of investment                     appropriate consideration, comments                   and Training Administration (ETA)
                                                vehicles that a plan may choose as its                  should mention OMB Control Number                     sponsored information collection
                                                qualified default investment alternative                1210–0132. The OMB is particularly                    request (ICR) proposal titled, ‘‘Pre-
                                                (QDIA). The regulation also outlines two                interested in comments that:                          Implementation Planning Checklist
                                                information collection requirements.                      • Evaluate whether the proposed                     Report for State Unemployment
sradovich on DSK3GMQ082PROD with NOTICES




                                                First, it implements the statutory                      collection of information is necessary                Insurance Information Technology
                                                requirement that a plan provide an                      for the proper performance of the                     Modernization Projects,’’ to the Office of
                                                annual notice to each participant and                   functions of the agency, including                    Management and Budget (OMB) for
                                                beneficiary whose account assets could                  whether the information will have                     review and approval for use in
                                                be invested in a QDIA. Second, the                      practical utility;                                    accordance with the Paperwork
                                                regulation requires a plan to pass any                    • Evaluate the accuracy of the                      Reduction Act (PRA) of 1995. Public
                                                pertinent materials it receives from a                  agency’s estimate of the burden of the                comments on the ICR are invited.


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Document Created: 2018-02-01 15:04:26
Document Modified: 2018-02-01 15:04:26
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 March 23, 2017.
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 Citation82 FR 11242 

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