Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Notices 66757 

(2) The New York Stock Exchange (or 

any successor exchange) is open for 

trading. 

(k) The term ‘‘Fee Increase(s)’’ 

includes any increase by CLS in a rate 

of a fee previously authorized in writing 

by the Second Fiduciary of each affected 

Client Plan pursuant to Section II(g) 

above, and in addition includes, but is 

not limited to: 

(1) Any fee increase that results from 

the addition of a service; 

(2) Any increase in any fee that results 

from a decrease in the number of 

services and any increase in any fee that 

results from a decrease in the kind of 

service(s) performed by CLS for such fee 

over an existing rate of fee for each such 

service previously authorized by the 

Second Fiduciary, in accordance with 

Section II(g) above; 

(3) Any increase in any fee that results 

from CLS changing from one of the fee 

methods, as described above in Section 

II(a)(1)–(2), to another of the fee 

methods, as described above in Section 

II(a)(1)–(2); and 

(4) Any change in the amount of 

operating expenses of a Fund that is 

reimbursed or otherwise waived by CLS 

or its affiliates to the extent that such 

change results in an increase in the total 

operating expenses payable by the 

Fund. 

(l) The term ‘‘Plan-Level Management 

Fee’’ includes any investment 

management fee, investment advisory 

fee, and any similar fee paid by a Client 

Plan to CLS for any investment 

management services, investment 

advisory services, and similar services 

provided by CLS to such Client Plan at 

the plan-level. The term ‘‘Plan-Level 

Management Fee’’ does not include a 

separate fee paid by a Client Plan to CLS 

for asset allocation service(s) (Asset 

Allocation Service(s)), as defined below 

in Section IV(n), provided by CLS to 

such Client Plan at the plan-level. 

(m) The term ‘‘Affiliated Fund-Level 

Advisory Fee’’ includes any investment 

advisory fee and any similar fee paid by 

an Affiliated Fund to CLS under the 

terms of an investment advisory 

agreement adopted in accordance with 

section 15 of the Investment Company 

Act. 

(n) The term ‘‘Asset Allocation 

Service(s)’’ means a service or services 

to a Client Plan relating to the selection 

of appropriate asset classes or targetdate ‘‘glidepath’’ and the allocation or 

reallocation (including rebalancing) of 

the assets of a Client Plan among the 

selected asset classes. Such services do 

not include the management of the 

underlying assets of a Client Plan, the 

selection of specific funds or manager, 

and the management of the selected 

Affiliated Funds. 

(o) The term ‘‘Best Interest’’ means 

acting with the care, skill, prudence, 

and diligence under the circumstances 

then prevailing that a prudent person 

acting in a like capacity and familiar 

with such matters would use in the 

conduct of an enterprise of a like 

character and with like aims, based on 

the investment objectives, risk 

tolerance, financial circumstances, and 

needs of the plan or IRA, without regard 

to the financial or other interests of CLS, 

any affiliate or other party. 

DATES: This exemption will be effective 

as of the date the notice granting the 

final exemption is published in the 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Joseph Brennan of the Department, 

telephone (202) 693–8456. (This is not 

a toll-free number.) 

General Information 

The attention of interested persons is 

directed to the following: 

(1) The fact that a transaction is the 

subject of an exemption under section 

408(a) of the Act and/or section 

4975(c)(2) of the Code does not relieve 

a fiduciary or other party in interest or 

disqualified person from certain other 

provisions to which the exemption does 

not apply and the general fiduciary 

responsibility provisions of section 404 

of the Act, which among other things 

require a fiduciary to discharge his 

duties respecting the plan solely in the 

interest of the participants and 

beneficiaries of the plan and in a 

prudent fashion in accordance with 

section 404(a)(1)(B) of the Act; nor does 

it affect the requirement of section 

401(a) of the Code that the plan must 

operate for the exclusive benefit of the 

employees of the employer maintaining 

the plan and their beneficiaries; 

(2) These exemptions are 

supplemental to and not in derogation 

of, any other provisions of the Act and/ 

or the Code, including statutory or 

administrative exemptions and 

transactional rules. Furthermore, the 

fact that a transaction is subject to an 

administrative or statutory exemption is 

not dispositive of whether the 

transaction is in fact a prohibited 

transaction; and 

(3) The availability of these 

exemptions is subject to the express 

condition that the material facts and 

representations contained in the 

application accurately describes all 

material terms of the transaction which 

is the subject of the exemption. 

Signed at Washington, DC, this 20th day of 

December, 2018. 

Lyssa Hall, 

Director, Office of Exemption Determinations, 

Employee Benefits Security Administration, 

U.S. Department of Labor. 

[FR Doc. 2018–28092 Filed 12–26–18; 8:45 am] 

BILLING CODE 4510–29–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request; IndustryRecognized Apprenticeship Programs 

Accrediting Entity Information 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: The Department of Labor 

(DOL) is submitting the Employment 

and Training Administration (ETA) 

sponsored information collection 

request (ICR) proposal titled, ‘‘IndustryRecognized Apprenticeship Programs 

Accrediting Entity Information,’’ to the 

Office of Management and Budget 

(OMB) for review and approval for use 

in accordance with the Paperwork 

Reduction Act (PRA) of 1995. Public 

comments on the ICR are invited. 

DATES: The OMB will consider all 

written comments that agency receives 

on or before January 28, 2019. 

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=201812–1205–001 

(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 sending an email to DOL_

PRA_PUBLIC@dol.gov. 

Submit comments about this request 

by mail or courier to the Office of 

Information and Regulatory Affairs, 

Attn: OMB Desk Officer for DOL–ETA, 

Office of Management and Budget, 

Room 10235, 725 17th Street NW, 

Washington, DC 20503; by Fax: 202– 

395–6881 (this is not a toll-free 

number); or by email: OIRA_

submission@omb.eop.gov. 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: 


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66758 Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Notices 

Departmental Information Compliance 

Management Program, Room N1301, 

200 Constitution Avenue, NW, 

Washington, DC 20210; or by email: 

DOL_PRA_PUBLIC@dol.gov. 

FOR FURTHER INFORMATION CONTACT: 

Michel Smyth by telephone at 202–693– 

4129, TTY 202–693–8064, (these are not 

toll-free numbers) or sending an email 

to DOL_PRA_PUBLIC@dol.gov. 

SUPPLEMENTARY INFORMATION: This ICR 

seeks approval under the PRA for the 

Industry-Recognized Apprenticeship 

Programs Accrediting Entity 

Information information collection. This 

ICR will enable ETA to collect essential 

data under Training and Employment 

Notice (TEN) No. 3–18 titled, ‘‘Creating 

Industry-Recognized Apprenticeship 

Programs to Expand Opportunity in 

America,’’ established under the 

statutory authority of the National 

Apprenticeship Act (29 U.S.C. 50), 

concerning the operational 

characteristics of certain industryrecognized apprenticeship programs. 

According to the TEN, these new 

industry-recognized apprenticeship 

programs will be reviewed and 

recognized by qualified accrediting 

entities; the accrediting entities, in turn, 

may request a determination from the 

Department concerning their 

qualifications. The TEN, pending a 

rulemaking to amend 29 CFR part 29, 

provides interim information and 

guidance to accreditors on the process 

for obtaining a determination from the 

Department on whether that entity’s 

standards meet the criteria outlined in 

TEN No. 3–18. To obtain a favorable 

determination from the Department, the 

accrediting entity should, among other 

things, demonstrate that it has received 

broad sector-wide input and consensus 

in the setting of industry-wide quality 

standards. The accrediting entity should 

also demonstrate that their program 

accreditation process ensures that the 

industry programs will operate in a 

manner consistent with DOL-identified 

hallmarks of high-quality 

apprenticeship programs. To collect the 

information necessary for the 

Department to determine whether the 

entity accrediting these industryrecognized apprenticeship programs has 

satisfied the foregoing criteria, the 

Department proposes the development 

of a form titled, ‘‘Industry-Recognized 

Apprenticeship Programs Accrediting 

Entity Information’’ intended for 

completion by the accrediting entity, 

that will enable the Department to 

determine whether that entity’s 

standards meet the criteria outlined in 

the TEN. The National Apprenticeship 

Act of 1937 authorizes this information 

collection. See 29 U.S.C. 50. 

This proposed 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 Control Number. See 5 

CFR 1320.5(a) and 1320.6. For 

additional substantive information 

about this ICR, see the related notice 

published in the Federal Register* on 

September 20, 2018 (83 FR 47643). 

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 

201812–1205–001. 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–ETA. 

Title of Collection: IndustryRecognized Apprenticeship Programs 

Accrediting Entity Information. 

OMB ICR Reference Number: 201812– 

1205–001. 

Affected Public: Private Sector— 

businesses or other for-profits and notfor-profit institutions. 

Total Estimated Number of 

Respondents: 300. 

Total Estimated Number of 

Responses: 308. 

Total Estimated Annual Time Burden: 

10,030 hours. 

Total Estimated Annual Other Costs 

Burden: $0. 

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

Dated: December 20, 2018. 

Michel Smyth, 

Departmental Clearance Officer. 

[FR Doc. 2018–28044 Filed 12–26–18; 8:45 am] 

BILLING CODE 4510–FR–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Petitions for Modification of 

Application of Existing Mandatory 

Safety Standard 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Notice. 

SUMMARY: This notice is a summary of 

petitions for modification submitted to 

the Mine Safety and Health 

Administration (MSHA) by the parties 

listed below. 

DATES: All comments on the petitions 

must be received by MSHA’s Office of 

Standards, Regulations, and Variances 

on or before January 28, 2019. 

ADDRESSES: You may submit your 

comments, identified by ‘‘docket 

number’’ on the subject line, by any of 

the following methods: 

1. Email: zzMSHA-comments@

dol.gov. Include the docket number of 

the petition in the subject line of the 

message. 

2. Facsimile: 202–693–9441. 

3. Regular Mail or Hand Delivery: 

MSHA, Office of Standards, 

Regulations, and Variances, 201 12th 

Street South, Suite 4E401, Arlington, 

Virginia 22202–5452, Attention: Sheila 

McConnell, Director, Office of 

Standards, Regulations, and Variances. 

Persons delivering documents are 

required to check in at the receptionist’s 

desk in Suite 4E401. Individuals may 

inspect a copy of the petitions and 

comments during normal business 

hours at the address listed above. 

MSHA will consider only comments 

postmarked by the U.S. Postal Service or 

proof of delivery from another delivery 

service such as UPS or Federal Express 

on or before the deadline for comments. 

FOR FURTHER INFORMATION CONTACT: 

Barbara Barron, Office of Standards, 

Regulations, and Variances at 202–693– 

9447 (voice), barron.barbara@dol.gov 

(email), or 202–693–9441 (fax). [These 

are not toll-free numbers.] 

SUPPLEMENTARY INFORMATION: Section 

101(c) of the Federal Mine Safety and 

Health Act of 1977 and Title 30 of the 

Code of Federal Regulations Part 44 

govern the application, processing, and 

disposition of petitions for modification. 


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