82 FR 47581 - Proposed Extension of Information Collection Requests Submitted for Public Comment

DEPARTMENT OF LABOR
Employee Benefits Security Administration

Federal Register Volume 82, Issue 196 (October 12, 2017)

Page Range		47581-47582
FR Document		2017-22043

The Department of Labor (the Department), in accordance with the Paperwork Reduction Act of 1995 (PRA 95), 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 82 Issue 196 (Thursday, October 12, 2017)

[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Notices]
[Pages 47581-47582]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22043]


=======================================================================
-----------------------------------------------------------------------

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.

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

SUMMARY: The Department of Labor (the Department), in accordance with 
the Paperwork Reduction Act of 1995 (PRA 95), 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 December 11, 2017.

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

SUPPLEMENTARY INFORMATION: This notice requests public comment on the 
Department's request for extension of the Office of Management and 
Budget's (OMB) approval of ICRs contained in the rules and prohibited 
transaction exemptions 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: Consent to Receive Employee Benefit Plan Disclosures 
Electronically.
    Type of Review: Extension of a currently approved information 
collection.
    OMB Number: 1210-0121.
    Affected Public: Businesses or other for-profits.
    Respondents: 35,000.
    Responses: 4,305,000.
    Estimated Total Burden Hours: 15,000.
    Estimated Total Burden Cost (Operating and Maintenance): $215,000.
    Description: The Department established a safe harbor pursuant to 
which all pension and welfare benefit plans covered by Title I of ERISA 
may use electronic media to satisfy disclosure obligations under Title 
I of ERISA (29 CFR 2520.104b-1). Employee benefit plan administrators 
will be deemed to satisfy their disclosure obligations when furnishing 
documents electronically only if a participant who does not have access 
to the employer's electronic information system in the normal course of 
his duties, or a beneficiary or other person entitled to documents, has 
affirmatively consented to receive disclosure documents. Prior to 
consenting, the participant or beneficiary must also be provided with a 
clear and conspicuous statement indicating the types of documents to 
which the consent would apply, that consent may be withdrawn at any 
time, procedures for withdrawing consent and updating necessary 
information, the right to obtain a paper copy, and any hardware and 
software requirements. In the event of a hardware or software change 
that creates a material risk that the individual will be unable to 
access or retain documents that were the subject of the initial 
consent, the individual must be provided with information concerning 
the revised hardware or software, and an opportunity to withdraw a 
prior consent. The ICR was approved by OMB under OMB Control Number 
1210-0121, which is scheduled to expire on March 31, 2018.

    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Furnishing Documents to the Secretary of Labor on Request 
Under ERISA 104(a)(6).

[[Page 47582]]

    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0112.
    Affected Public: Businesses or other for-profits; Not-for-profit 
institutions.
    Respondents: 558.
    Responses: 558.
    Estimated Total Burden Hours: 41.
    Estimated Total Burden Cost (Operating and Maintenance): $2,732.
    Description: As a result of the Taxpayer Relief Act of 1997 (TRA 
97), the plan administrators of ERISA-covered employee benefit plans no 
longer need to file copies of the summary plan descriptions and 
summaries of material modifications that are publicly available. TRA 97 
added paragraph (6) to section 104(a) of ERISA. Prior to the TRA 97 
amendments, ERISA required certain documents be filed with the 
Department so that plan participants and beneficiaries could obtain the 
documents without having to turn to the plan administrator. The new 
section 104(a)(6) authorizes the Department to request these documents 
on behalf of plan participants and beneficiaries. The Department issued 
a final implementing guidance on this matter on January 7, 2002 (67 FR 
772). The ICR was approved by OMB under OMB Control Number 1210-0112, 
which is scheduled to expire on April 30, 2018.

    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Annual Funding Notice for Defined Benefit Pension Plans.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0126.
    Affected Public: Businesses or other for-profits, Not-for-profit 
institutions.
    Respondents: 39,061.
    Responses: 77,100,000.
    Estimated Total Burden Hours: 576,000.
    Estimated Total Burden Cost (Operating and Maintenance): 
$29,600,000.
    Description: Section 101(f) of the Employee Retirement Income 
Security Act of 1974 (ERISA) sets forth requirements applicable to 
furnishing annual funding notices. Before the enactment of the Pension 
Protection Act of 2006 (PPA), section 101(f) applied only to 
multiemployer defined benefit plans. The Department has issued multiple 
final regulations with regard to this provision, most recently on 
February 2, 2015 (80 FR 5625).
    Section 501(a) of the PPA amended section 101(f) of ERISA and made 
significant changes to the annual funding notice requirements. These 
amendments require administrators of all defined benefit plans that are 
subject to title IV of ERISA, not only multiemployer plans, to provide 
an annual funding notice to the Pension Benefit Guaranty Corporation 
(PBGC), to each plan participant and beneficiary, to each labor 
organization representing such participants or beneficiaries, and, in 
the case of a multiemployer plan, to each employer that has an 
obligation to contribute to the plan. An annual funding notice must 
include, among other things, the plan's funding percentage, a statement 
of the value of the plan's assets and liabilities and a description of 
how the plan's assets are invested as of specific dates, and a 
description of the benefits under the plan that are eligible to be 
guaranteed by the PBGC.
    The ICR was approved by OMB under OMB Control Number 1210-0126, 
which is scheduled to expire on April 30, 2018.

    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: ERISA Section 408(b)(2) Regulation.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0133.
    Affected Public: Businesses or other for-profits.
    Respondents: 51,000.
    Responses: 1,472,000.
    Estimated Total Burden Hours: 1,040,000.
    Estimated Total Burden Cost (Operating and Maintenance): 
$1,336,000.
    Description: On February 3, 2012, the Department published a final 
regulation under ERISA section 408(b)(2) (the ``408(b)(2) 
regulation''), requiring that certain service providers to pension 
plans disclose information about the service providers' compensation 
and potential conflicts of interest. The disclosed information is 
intended to assist plan fiduciaries in assessing the reasonableness of 
contracts or arrangements, including the reasonableness of the service 
providers' compensation and potential conflicts of interest that may 
affect the service providers' performance. These disclosure 
requirements were established to provide guidance for compliance with a 
statutory exemption from ERISA's prohibited transaction provisions. If 
the disclosure requirements of the 408(b)(2) regulation are not 
satisfied, a prohibited provision of services under ERISA section 
406(a)(1)(C) will occur, with consequences for both the responsible 
plan fiduciary and the covered service provider. The ICR was approved 
by OMB under OMB Control Number 1210-0133, which is scheduled to expire 
on May 31, 2018.

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. 2017-22043 Filed 10-11-17; 8:45 am]
 BILLING CODE 4510-29-P

Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices 47581

4. Affected public who will be asked manufacturers and distributors to make 5. An estimate of the total number of
or required to respond, as well as a brief periodic reports to the DEA regarding respondents and the amount of time
abstract: the sale, delivery, and other disposal of estimated for an average respondent to
Affected public: Business or other for- certain controlled substances. These respond: The below table presents
profit. reports help ensure a closed system of information regarding the number of
Abstract: Section 307 of the distribution for controlled substances, respondents, responses and associated
Controlled Substances Act (21 U.S.C. and are used to comply with burden hours.
827) requires controlled substance international treaty obligations.

Number of Number of Average time Total annual
annual annual per response hours
respondents responses (hours)

DEA–333 (paper) ............................................................................................. 70 379 1 379
DEA–333 (electronic) ....................................................................................... 1,552 11,777 * 0.1667 1,963

Total .......................................................................................................... 1,622 12,156 ........................ 2,342
*10 Minutes.

6. An estimate of the total public comments on the proposed extension of Estimated Total Burden Hours:
burden (in hours) associated with the the information collection requests 15,000.
proposed collection: The DEA estimates (ICRs) contained in the documents Estimated Total Burden Cost
that this collection takes 2,342 annual described below. A copy of the ICRs (Operating and Maintenance): $215,000.
burden hours. may be obtained by contacting the office Description: The Department
If additional information is required listed in the ADDRESSES section of this established a safe harbor pursuant to
please contact: Melody Braswell, notice. ICRs also are available at which all pension and welfare benefit
Department Clearance Officer, United reginfo.gov (http://www.reginfo.gov/ plans covered by Title I of ERISA may
States Department of Justice, Justice public/do/PRAMain). use electronic media to satisfy
Management Division, Policy and DATES: Written comments must be disclosure obligations under Title I of
Planning Staff, Two Constitution submitted to the office shown in the ERISA (29 CFR 2520.104b–1). Employee
Square, 145 N Street NE., Suite 3E.405B, ADDRESSES section on or before benefit plan administrators will be
Washington, DC 20530. December 11, 2017. deemed to satisfy their disclosure
Dated: October 5, 2017. obligations when furnishing documents
ADDRESSES: G. Christopher Cosby,
Melody Braswell, electronically only if a participant who
Department of Labor, Employee Benefits
Department Clearance Officer for PRA, U.S. does not have access to the employer’s
Security Administration, 200
Department of Justice. electronic information system in the
Constitution Avenue NW., Room N–
[FR Doc. 2017–21966 Filed 10–11–17; 8:45 am] normal course of his duties, or a
5718, Washington, DC 20210, ebsa.opr@
beneficiary or other person entitled to
BILLING CODE 4410–09–P dol.gov, (202) 693–8410, FAX (202)
documents, has affirmatively consented
693–4745 (these are not toll-free
to receive disclosure documents. Prior
numbers).
DEPARTMENT OF LABOR to consenting, the participant or
SUPPLEMENTARY INFORMATION: This beneficiary must also be provided with
Employee Benefits Security notice requests public comment on the a clear and conspicuous statement
Administration Department’s request for extension of indicating the types of documents to
the Office of Management and Budget’s which the consent would apply, that
Proposed Extension of Information (OMB) approval of ICRs contained in consent may be withdrawn at any time,
Collection Requests Submitted for the rules and prohibited transaction procedures for withdrawing consent and
Public Comment exemptions described below. The updating necessary information, the
Department is not proposing any right to obtain a paper copy, and any
AGENCY: Employee Benefits Security changes to the existing ICRs at this time. hardware and software requirements. In
Administration, Department of Labor. An agency may not conduct or sponsor, the event of a hardware or software
ACTION: Notice. and a person is not required to respond change that creates a material risk that
SUMMARY: The Department of Labor (the to, an information collection unless it the individual will be unable to access
Department), in accordance with the displays a valid OMB control number. A or retain documents that were the
Paperwork Reduction Act of 1995 (PRA summary of the ICRs and the current subject of the initial consent, the
95), provides the general public and burden estimates follows: individual must be provided with
Federal agencies with an opportunity to Agency: Employee Benefits Security information concerning the revised
comment on proposed and continuing Administration, Department of Labor. hardware or software, and an
collections of information. This helps Title: Consent to Receive Employee opportunity to withdraw a prior
Benefit Plan Disclosures Electronically. consent. The ICR was approved by OMB
asabaliauskas on DSKBBXCHB2PROD with NOTICES

the Department assess the impact of its
information collection requirements and Type of Review: Extension of a under OMB Control Number 1210–0121,
minimize the public’s reporting burden. currently approved information which is scheduled to expire on March
It also helps the public understand the collection. 31, 2018.
Department’s information collection OMB Number: 1210–0121. Agency: Employee Benefits Security
requirements and provide the requested Affected Public: Businesses or other Administration, Department of Labor.
data in the desired format. The for-profits. Title: Furnishing Documents to the
Employee Benefits Security Respondents: 35,000. Secretary of Labor on Request Under
Administration (EBSA) is soliciting Responses: 4,305,000. ERISA 104(a)(6).

VerDate Sep<11>2014 22:35 Oct 11, 2017 Jkt 244001 PO 00000 Frm 00136 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1

47582 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices

Type of Review: Extension of a funding notice requirements. These consequences for both the responsible
currently approved collection of amendments require administrators of plan fiduciary and the covered service
information. all defined benefit plans that are subject provider. The ICR was approved by
OMB Number: 1210–0112. to title IV of ERISA, not only OMB under OMB Control Number
Affected Public: Businesses or other multiemployer plans, to provide an 1210–0133, which is scheduled to
for-profits; Not-for-profit institutions. annual funding notice to the Pension expire on May 31, 2018.
Respondents: 558. Benefit Guaranty Corporation (PBGC), to
Focus of Comments
Responses: 558. each plan participant and beneficiary, to
Estimated Total Burden Hours: 41. each labor organization representing The Department is particularly
Estimated Total Burden Cost such participants or beneficiaries, and, interested in comments that:
(Operating and Maintenance): $2,732. in the case of a multiemployer plan, to • Evaluate whether the collections of
Description: As a result of the each employer that has an obligation to information are necessary for the proper
Taxpayer Relief Act of 1997 (TRA 97), contribute to the plan. An annual performance of the functions of the
the plan administrators of ERISA- funding notice must include, among agency, including whether the
covered employee benefit plans no other things, the plan’s funding information will have practical utility;
longer need to file copies of the percentage, a statement of the value of • Evaluate the accuracy of the
summary plan descriptions and the plan’s assets and liabilities and a agency’s estimate of the collections of
summaries of material modifications description of how the plan’s assets are information, including the validity of
that are publicly available. TRA 97 invested as of specific dates, and a the methodology and assumptions used;
added paragraph (6) to section 104(a) of description of the benefits under the • Enhance the quality, utility, and
ERISA. Prior to the TRA 97 plan that are eligible to be guaranteed by clarity of the information to be
amendments, ERISA required certain the PBGC. collected; and
documents be filed with the Department The ICR was approved by OMB under • Minimize the burden of the
so that plan participants and OMB Control Number 1210–0126, collection of information on those who
beneficiaries could obtain the which is scheduled to expire on April are to respond, including through the
documents without having to turn to the 30, 2018. use of appropriate automated,
plan administrator. The new section electronic, mechanical, or other
Agency: Employee Benefits Security
104(a)(6) authorizes the Department to technological collection techniques or
Administration, Department of Labor.
request these documents on behalf of other forms of information technology,
Title: ERISA Section 408(b)(2)
plan participants and beneficiaries. The e.g., by permitting electronic
Regulation.
Department issued a final implementing submissions of responses.
Type of Review: Extension of a
guidance on this matter on January 7, Comments submitted in response to
currently approved collection of
2002 (67 FR 772). The ICR was this notice will be summarized and/or
information.
approved by OMB under OMB Control included in the ICRs for OMB approval
OMB Number: 1210–0133.
Number 1210–0112, which is scheduled of the extension of the information
Affected Public: Businesses or other
to expire on April 30, 2018. collection; they will also become a
for-profits.
matter of public record.
Agency: Employee Benefits Security Respondents: 51,000.
Administration, Department of Labor. Responses: 1,472,000. Joseph S. Piacentini,
Title: Annual Funding Notice for Estimated Total Burden Hours: Director, Office of Policy and Research,
Defined Benefit Pension Plans. 1,040,000. Employee Benefits Security Administration.
Type of Review: Extension of a Estimated Total Burden Cost [FR Doc. 2017–22043 Filed 10–11–17; 8:45 am]
currently approved collection of (Operating and Maintenance): BILLING CODE 4510–29–P
information. $1,336,000.
OMB Number: 1210–0126. Description: On February 3, 2012, the
Affected Public: Businesses or other Department published a final regulation NATIONAL AERONAUTICS AND
for-profits, Not-for-profit institutions. under ERISA section 408(b)(2) (the SPACE ADMINISTRATION
Respondents: 39,061. ‘‘408(b)(2) regulation’’), requiring that
Responses: 77,100,000. certain service providers to pension [Notice (17–074)]
Estimated Total Burden Hours: plans disclose information about the
576,000. service providers’ compensation and Applied Sciences Advisory Committee;
Estimated Total Burden Cost potential conflicts of interest. The Meeting
(Operating and Maintenance): disclosed information is intended to AGENCY: National Aeronautics and
$29,600,000. assist plan fiduciaries in assessing the Space Administration.
Description: Section 101(f) of the reasonableness of contracts or ACTION: Notice of meeting.
Employee Retirement Income Security arrangements, including the
Act of 1974 (ERISA) sets forth reasonableness of the service providers’ SUMMARY: In accordance with the
requirements applicable to furnishing compensation and potential conflicts of Federal Advisory Committee Act, as
annual funding notices. Before the interest that may affect the service amended, the National Aeronautics and
enactment of the Pension Protection Act providers’ performance. These Space Administration (NASA)
asabaliauskas on DSKBBXCHB2PROD with NOTICES

of 2006 (PPA), section 101(f) applied disclosure requirements were announces a meeting of the Applied
only to multiemployer defined benefit established to provide guidance for Sciences Advisory Committee (ASAC).
plans. The Department has issued compliance with a statutory exemption This Committee functions in an
multiple final regulations with regard to from ERISA’s prohibited transaction advisory capacity to the Director, Earth
this provision, most recently on provisions. If the disclosure Science Division, in the NASA Science
February 2, 2015 (80 FR 5625). requirements of the 408(b)(2) regulation Mission Directorate. The meeting will
Section 501(a) of the PPA amended are not satisfied, a prohibited provision be held for the purpose of soliciting,
section 101(f) of ERISA and made of services under ERISA section from the applied sciences community
significant changes to the annual 406(a)(1)(C) will occur, with and other persons, scientific and

VerDate Sep<11>2014 22:35 Oct 11, 2017 Jkt 244001 PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1

Document Created: 2018-10-25 10:05:56
Document Modified: 2018-10-25 10:05:56

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		Written comments must be submitted to the office shown in the
FR Citation		82 FR 47581

82 FR 47581 - Proposed Extension of Information Collection Requests Submitted for Public Comment

DEPARTMENT OF LABOREmployee Benefits Security Administration

Federal Register Volume 82, Issue 196 (October 12, 2017)

DEPARTMENT OF LABOR
Employee Benefits Security Administration