19790 Federal Register / Vol. 76, No. 68 / Friday, April 8, 2011 / Notices 

project remains open, and The Forum 

intends to file additional written 

notifications disclosing all changes in 

membership. 

On October 21, 1988, The Forum filed 

its original notification pursuant to 

Section 6(a) of the Act. The Department 

of Justice published a notice in the 

Federal Register pursuant to Section 

6(b) of the Act on December 8, 1988 (53 

FR 49615). 

The last notification was filed with 

the Department on August 31, 2010. A 

notice was published in the Federal 

Register pursuant to Section 6(b) of the 

Act October 22, 2010 (75 FR 65383). 

Patricia A. Brink, 

Director of Civil Enforcement Antitrust 

Division. 

[FR Doc. 2011–8365 Filed 4–7–11; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request; Extension 

of Employee Retirement Income 

Security Act Class Exemption 77–4 for 

Certain Transactions Between 

Investment Companies and Employee 

Benefit Plans 

ACTION: Notice. 

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 Class Exemption 77–4 for Certain 

Transactions between Investment 

Companies and Employee Benefit 

Plans,’’ to the Office of Management and 

Budget (OMB) for review and approval 

for continued use in accordance with 

the Paperwork Reduction Act of 1995 

(Pub. L. 104–13, 44 U.S.C. chapter 35). 

DATES: Submit comments on or before 

May 9, 2011. 

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 from the RegInfo.gov 

Web site, http://www.reginfo.gov/ 

public/do/PRAMain, on the day 

following publication of this notice or 

by contacting Michel Smyth by 

telephone at 202–693–4129 (this is not 

a toll-free number) or sending an e-mail 

to DOL_PRA_PUBLIC@dol.gov. 

Submit comments about this request 

to the Office of Information and 

Regulatory Affairs, Attn: OMB Desk 

Officer for the Department of Labor, 

Employee Benefits Security 

Administration (EBSA), Office of 

Management and Budget, Room 10235, 

Washington, DC 20503, Telephone: 

202–395–6929/Fax: 202–395–6881 

(these are not toll-free numbers), e-mail: 

OIRA_submission@omb.eop.gov. 

FOR FURTHER INFORMATION CONTACT: 

Contact Michel Smyth by telephone at 

202–693–4129 (this is not a toll-free 

number) or by e-mail at 

DOL_PRA_PUBLIC@dol.gov. 

SUPPLEMENTARY INFORMATION: Employee 

Retirement Income Security Act Class 

Exemption 77–4 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. 

In order to ensure that the exemption is 

not abused and that the rights of 

participants and beneficiaries are 

protected, the DOL has included in the 

exemption three basic disclosure 

requirements. The first requires at the 

time of the purchase or sale of such 

mutual fund shares that the 

independent fiduciary of the plan 

receive a copy of the current prospectus 

issued by the open-end mutual fund and 

a full and detailed written statement of 

the investment advisory fees charged to 

or paid by the plan and the open-end 

mutual fund to the investment advisor. 

The second requires that the 

independent fiduciary approve in 

writing such purchases and sales. The 

third requires that the independent 

fiduciary, once notified of changes in 

the fees, re-approve in writing the 

purchase and sale of mutual fund 

shares. 

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 if the 

collection of information does not 

display a valid OMB Control number. 

See 5 CFR 1320.5(a) and 1320.6. The 

DOL obtains OMB approval for this 

information collection under OMB 

Control Number 1210–0049. The current 

OMB approval is scheduled to expire on 

April 30, 2011; however, it should be 

noted that information collections 

submitted to the OMB receive a monthto-month extension while they undergo 

review. For additional information, see 

the related notice published in the 

Federal Register on November 10, 2010 

(75 FR 69131). 

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 30 days of publication of 

this notice in the Federal Register. In 

order to ensure appropriate 

consideration, comments should 

reference 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 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

Agency: Employee Benefits Security 

Administration (EBSA). 

Title of Collection: Employee 

Retirement Income Security Act Class 

Exemption 77–4 for Certain 

Transactions between Investment 

Companies and Employee Benefit Plans. 

OMB Control Number: 1210–0049. 

Affected Public: Private Sector— 

Businesses or other for-profits. 

Total Estimated Number of 

Respondents: 700. 

Total Estimated Number of 

Responses: 366,000. 

Total Estimated Annual Burden 

Hours: 31,350. 

Total Estimated Annual Costs Burden: 

$442,000. 

Dated: April 4, 2011. 

Michel Smyth, 

Departmental Clearance Officer. 

[FR Doc. 2011–8363 Filed 4–7–11; 8:45 am] 

BILLING CODE 4510–29–P 


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