83 FR 19837 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Employee Retirement Income Security Act Regulation
DEPARTMENT OF LABOR Federal Register Volume 83, Issue 87 (May 4, 2018)
Federal Register Volume 83, Issue 87 (May 4, 2018)
| Page Range | 19837-19838 | |
| FR Document | 2018-09509 |
[Federal Register Volume 83, Number 87 (Friday, May 4, 2018)] [Notices] [Pages 19837-19838] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-09509] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF LABOR Agency Information Collection Activities; Submission for OMB Review; Comment Request; Employee Retirement Income Security Act Regulation ACTION: Notice of availability; request for comments. ----------------------------------------------------------------------- SUMMARY: The Department of Labor (DOL) is submitting the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) titled, ``Employee Retirement Income Security Act Section 408(b)(2) Regulation,'' to the Office of Management and Budget (OMB) for review and approval for [[Page 19838]] 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 June 4, 2018. 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 website at http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201803-1210-003 (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 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]. SUPPLEMENTARY INFORMATION: This ICR seeks to extend PRA authority for the Employee Retirement Income Security Act (ERISA) section 408(b)(2) regulation information collection requirements codified in regulations 29 CFR 2550.408(b)(-2(c) that require certain retirement plan service providers to disclose information about their compensation and potential conflicts of interest to responsible plan fiduciaries. These disclosure requirements provide guidance for compliance with a statutory exemption from ERISA prohibited transaction provisions. Failing to satisfy the 408(b)(2) regulation disclosure requirements may result in provision of services prohibited by ERISA section 406(a)(1)(C), with consequences for both the responsible plan fiduciary and the covered service provider. ERISA section 408(b)(2) authorizes this information collection. Employee Retirement Income Security Act of 1974 section 408(a) authorizes this information collection. See 29 U.S.C. 1108. 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 1210-0133. 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 May 31, 2018. 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 12, 2017 (82 FR 47581). 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 1210-0133. 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: Employee Retirement Income Security Act Section 408(b)(2) Regulation. OMB Control Number: 1210-0133. Affected Public: Private Sector--businesses or other for-profits. Total Estimated Number of Respondents: 34,696. Total Estimated Number of Responses: 1,483,062. Total Estimated Annual Time Burden: 1,045,680 hours. Total Estimated Annual Other Costs Burden: $1,251,649. Authority: 44 U.S.C. 3507(a)(1)(D). Dated: April 30, 2018. Michel Smyth, Departmental Clearance Officer. [FR Doc. 2018-09509 Filed 5-3-18; 8:45 am] BILLING CODE 4510-29-P
![Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Notices 19837
Register pursuant to Section 6(b) of the termination date. In 1979, the Division encouraged to supply any additional
Act on March 12, 2018 (83 FR 10753). adopted the general practice of information they may have regarding
including sunset provisions that the efficacy of judgments the Division
Patricia A. Brink,
automatically terminate judgments, proposes to terminate. Absent public
Director of Civil Enforcement, Antitrust usually 10 years from entry. However, comments or other factors that lead the
Division.
nearly 1300 judgments entered before Division to revise its determination that
[FR Doc. 2018–09460 Filed 5–3–18; 8:45 am] the Division put the practice into full termination of a judgment is
BILLING CODE 4410–11–P effect remain on the books of the appropriate, it will proceed as directed
Division, and nearly all of them likely by the court. In many cases, this will
remain open on the dockets of courts entail filing a motion to terminate.
DEPARTMENT OF JUSTICE around the country. The vast majority of When feasible and when allowed by
Antitrust Division these outstanding legacy judgments no local rules, the Division will seek to
longer protect competition because of terminate judgments in ‘‘batches.’’ That
Department of Justice’s Initiative to changes in industry conditions, changes is, rather than file a motion for each
Seek Termination of Legacy Antitrust in economics, changes in law, or for judgment it seeks to terminate, the
Judgments other reasons. The Division has Division would make a single filing
announced a new initiative that will seeking to terminate a group of
AGENCY: Antitrust Division, Department seek to identify and expedite the judgments in the same court. In this
of Justice. termination of such legacy judgments. way, the Division hopes to expedite
ACTION: Notice of initiative. Division review of legacy judgments. termination and ease the burden on the
Under the new initiative, announced courts of reviewing multiple motions.
SUMMARY: This notice describes the April 25, 2018, the Division will review Existing process for modification of
Department of Justice’s new initiative its legacy judgments to identify those judgments unaffected. The new
for seeking unilaterally to terminate that no longer protect competition. The initiative does not replace the Antitrust
‘‘legacy’’ antitrust judgments. Legacy Division has assigned each legacy Division’s existing process for
antitrust judgments are those judgments judgment to a Division attorney. Using consenting to a defendant’s request to
that do not include an express court papers, information available in modify or terminate an existing antitrust
termination date and that a court has Division files, and public information, judgment. Defendants still may seek the
not terminated by an order. The vast attorneys will review each judgment to Division’s consent to terminate or
majority of these judgments were determine whether changes in industry modify any judgment as described in
entered before 1979, when the Division conditions, changes in economics, the Antitrust Division Manual (see
adopted the general practice of using changes in the law, or other factors have Section III.H.5, https://www.justice.gov/
sunset provisions to terminate a rendered the judgment outdated and atr/file/761141/download).
judgment automatically, usually 10 appropriate for termination. Examples Mailing list for updates. Members of
years after entry of the judgment. Nearly of legacy judgments for which the public interested in receiving notice
1300 legacy judgments remain open on termination may be appropriate include of updates to the public website,
the books of the Antitrust Division, and judgments whose terms have been including posting of judgments that the
nearly all of them likely remain open on completely satisfied, judgments Division believes should be terminated,
the dockets of courts around the governing defendants who are deceased may subscribe to email updates at
country. Many of these legacy or no longer in existence, and judgments
https://public.govdelivery.com/
judgments do not serve their original governing products that no longer are
accounts/USDOJ/subscriber/new.
purpose of protecting competition. To produced.
eliminate the burden on defendants, New termination process for legacy Dated: April 30, 2018.
courts, and the Division of complying judgments. Once the Division identifies Dorothy B. Fountain,
with, overseeing, and enforcing judgments appropriate for termination, Chief Legal Advisor.
outdated judgments, the Division has it will list those judgments on a website [FR Doc. 2018–09461 Filed 5–3–18; 8:45 am]
announced an initiative whereby it established for purposes of informing BILLING CODE 4410–11–P
unilaterally will seek to terminate the public of the progress of the
legacy judgments, as appropriate. The initiative: www.justice.gov/atr/
initiative provides for public notice and JudgmentTermination. The Division
DEPARTMENT OF LABOR
comment before the Division seeks to will invite the public to submit
terminate a judgment. The Division has comments within 30 days of listing on Agency Information Collection
established a website to keep the public the website regarding the Division’s Activities; Submission for OMB
apprised of this initiative and its efforts assessment that termination is Review; Comment Request; Employee
to terminate outdated judgments: appropriate. This website will identify Retirement Income Security Act
www.justice.gov/atr/ the name of the case, the court that Regulation
JudgmentTermination. entered the judgment, the date the court
entered the judgment, and the date by ACTION:Notice of availability; request
FOR FURTHER INFORMATION CONTACT: which comments are due to the for comments.
Dorothy B. Fountain, Office of the Chief Division; the website also will link to
Legal Advisor, Antitrust Division, U.S. the text of the judgment. The Division SUMMARY: The Department of Labor
Department of Justice, at (202) 514– will consult with the relevant court to (DOL) is submitting the Employee
amozie on DSK3GDR082PROD with NOTICES
3543, ChiefLegalAdvisor@usdoj.gov. determine the most appropriate means Benefits Security Administration
SUPPLEMENTARY INFORMATION: From the of termination. (EBSA) sponsored information
early days of the Sherman Act until the The Division has established an email collection request (ICR) titled,
late 1970s, the Antitrust Division of the address through which the public may ‘‘Employee Retirement Income Security
Department of Justice often entered into submit comments: Act Section 408(b)(2) Regulation,’’ to the
judgments to settle violations of the JudgmentTerminationComments@ Office of Management and Budget
antitrust laws that included no express usdoj.gov. Members of the public are (OMB) for review and approval for
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![19838 Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Notices
continued use, without change, in provider. ERISA section 408(b)(2) use of appropriate automated,
accordance with the Paperwork authorizes this information collection. electronic, mechanical, or other
Reduction Act of 1995 (PRA). Public Employee Retirement Income Security technological collection techniques or
comments on the ICR are invited. Act of 1974 section 408(a) authorizes other forms of information technology,
DATES: The OMB will consider all this information collection. See 29 e.g., permitting electronic submission of
written comments that agency receives U.S.C. 1108. responses.
on or before June 4, 2018. This information collection is subject Agency: DOL–EBSA.
ADDRESSES: A copy of this ICR with to the PRA. A Federal agency generally Title of Collection: Employee
applicable supporting documentation; cannot conduct or sponsor a collection Retirement Income Security Act Section
including a description of the likely of information, and the public is 408(b)(2) Regulation.
respondents, proposed frequency of generally not required to respond to an OMB Control Number: 1210–0133.
response, and estimated total burden information collection, unless it is Affected Public: Private Sector—
may be obtained free of charge from the approved by the OMB under the PRA businesses or other for-profits.
RegInfo.gov website at http:// and displays a currently valid OMB Total Estimated Number of
www.reginfo.gov/public/do/PRAView Control Number. In addition, Respondents: 34,696.
ICR?ref_nbr=201803-1210-003 (this link notwithstanding any other provisions of Total Estimated Number of
will only become active on the day law, no person shall generally be subject Responses: 1,483,062.
following publication of this notice) or to penalty for failing to comply with a Total Estimated Annual Time Burden:
by contacting Michel Smyth by collection of information that does not 1,045,680 hours.
telephone at 202–693–4129, TTY 202– display a valid Control Number. See 5 Total Estimated Annual Other Costs
693–8064, (these are not toll-free CFR 1320.5(a) and 1320.6. The DOL Burden: $1,251,649.
numbers) or by email at DOL_PRA_ obtains OMB approval for this Authority: 44 U.S.C. 3507(a)(1)(D).
PUBLIC@dol.gov. information collection under Control
Number 1210–0133. Dated: April 30, 2018.
Submit comments about this request Michel Smyth,
OMB authorization for an ICR cannot
by mail to the Office of Information and Departmental Clearance Officer.
be for more than three (3) years without
Regulatory Affairs, Attn: OMB Desk
renewal, and the current approval for [FR Doc. 2018–09509 Filed 5–3–18; 8:45 am]
Officer for DOL–EBSA, Office of
this collection is scheduled to expire on BILLING CODE 4510–29–P
Management and Budget, Room 10235,
May 31, 2018. The DOL seeks to extend
725 17th Street NW, Washington, DC
PRA authorization for this information
20503; by Fax: 202–395–5806 (this is
collection for three (3) more years, DEPARTMENT OF LABOR
not a toll-free number); or by email:
without any change to existing
OIRA_submission@omb.eop.gov. Occupational Safety and Health
requirements. The DOL notes that
Commenters are encouraged, but not Administration
existing information collection
required, to send a courtesy copy of any
requirements submitted to the OMB [Docket No. OSHA–2018–0005]
comments by mail or courier to the U.S.
Department of Labor-OASAM, Office of receive a month-to-month extension
the Chief Information Officer, Attn: while they undergo review. For Notice of Stakeholder Meeting
Departmental Information Compliance additional substantive information
about this ICR, see the related notice AGENCY: Occupational Safety and Health
Management Program, Room N1301, Administration (OSHA), Labor.
200 Constitution Avenue NW, published in the Federal Register on
October 12, 2017 (82 FR 47581). ACTION: Notice of public meeting.
Washington, DC 20210; or by email:
Interested parties are encouraged to
DOL_PRA_PUBLIC@dol.gov. SUMMARY: The Occupational Safety and
send comments to the OMB, Office of
FOR FURTHER INFORMATION CONTACT: Health Administration (OSHA) is
Information and Regulatory Affairs at
Michel Smyth by telephone at 202–693– announcing a public meeting to solicit
the address shown in the ADDRESSES
4129, TTY 202–693–8064, (these are not comments and suggestions from
section within thirty (30) days of
toll-free numbers) or by email at DOL_ stakeholders in the railroad and
publication of this notice in the Federal
PRA_PUBLIC@dol.gov. trucking industries, including
Register. In order to help ensure
SUPPLEMENTARY INFORMATION: This ICR employers, employees, and
appropriate consideration, comments
seeks to extend PRA authority for the representatives of employers and
should mention OMB Control Number
Employee Retirement Income Security employees, on issues facing the agency
1210–0133. The OMB is particularly
Act (ERISA) section 408(b)(2) regulation in its administration of the
interested in comments that:
information collection requirements • Evaluate whether the proposed whistleblower protection provisions of
codified in regulations 29 CFR collection of information is necessary the Federal Railroad Safety Act, the
2550.408(b)(-2(c) that require certain for the proper performance of the Surface Transportation Assistance Act,
retirement plan service providers to functions of the agency, including the National Transit Systems Security
disclose information about their whether the information will have Act, and Section 11(c) of the
compensation and potential conflicts of practical utility; Occupational Safety and Health Act (as
interest to responsible plan fiduciaries. • Evaluate the accuracy of the that provision relates to employers and
These disclosure requirements provide agency’s estimate of the burden of the employees in the railroad and trucking
guidance for compliance with a proposed collection of information, industries).
statutory exemption from ERISA including the validity of the DATES: The public meeting will be held
amozie on DSK3GDR082PROD with NOTICES
prohibited transaction provisions. methodology and assumptions used; on June 12, 2018, from 1 p.m. to 3 p.m.
Failing to satisfy the 408(b)(2) regulation • Enhance the quality, utility, and ET. Persons interested in attending the
disclosure requirements may result in clarity of the information to be meeting must register by May 29, 2018.
provision of services prohibited by collected; and In addition, comments relating to the
ERISA section 406(a)(1)(C), with • Minimize the burden of the ‘‘Scope of Meeting’’ section of this
consequences for both the responsible collection of information on those who document must be submitted in written
plan fiduciary and the covered service are to respond, including through the or electronic form by June 5, 2018.
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Document Created: 2018-11-02 09:52:04
Document Modified: 2018-11-02 09:52:04
| 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 of availability; request for comments. | |
| Dates | The OMB will consider all written comments that agency receives on or before June 4, 2018. | |
| 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] | |
| FR Citation | 83 FR 19837 |
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