Federal Register / Vol. 69, No. 231 / Thursday, December 2, 2004 / Notices 70159

1Adjusted to $1,100 per day pursuant to the 

Federal Civil Penalties Inflation Adjustment Act of 

1990 and the Debt Collection Improvement Act of 

1996. See 62 FR 40696, July 29, 1997.

2 DFVC information collection provisions 

originally required submission of the first page of 

the Form 5500 annual report. Because of the recent 

revisions to the Form 5500, the information needed 

to process the DFVC filing is no longer confined to 

the first page of the Form 5500. DFVC filers using 

a 1999 or later Form 5500 must submit a copy of 

all pages of the Form 5500 (generally 4), dated with 

original signature but without any schedules or 

attachments.

Security Administration is soliciting 

comments concerning the proposed 

extension of a currently approved 

collection of information included in 

the Delinquent Filer Voluntary 

Compliance Program. 

A copy of the proposed information 

collection request (ICR) can be obtained 

by contacting the individual listed in 

the ADDRESSES section of this notice.

DATES: Written comments must be 

submitted to the office listed in the 

Addresses section below on or before 

January 31, 2005.

ADDRESSES: Gerald B. Lindrew, 

Department of Labor, Employee Benefits 

Security Administration, 200 

Constitution Avenue, NW., Washington, 

DC 20210, (202) 693–8410, FAX (202) 

693–4745 (these are not toll-free 

numbers).

SUPPLEMENTARY INFORMATION: 

I. Background 

The Secretary of Labor has the 

authority, under section 502(c)(2) of the 

Employee Retirement Income Security 

Act of 1974 (ERISA), to assess civil 

penalties of up to $1,000 a day 1 against 

plan administrators who fail or refuse to 

file complete and timely annual reports 

(Form 5500 Series Annual Return/

Reports) as required under section 

101(b)(4) of ERISA related regulations. 

Pursuant to 29 CFR 2560.502c–2 and 

2570.60 et seq., EBSA has maintained a 

program for the assessment of civil 

penalties for noncompliance with the 

annual reporting requirements. Under 

this program, plan administrators filing 

annual reports after the date on which 

the report was required to be filed may 

be assessed $50 per day for each day an 

annual report is filed after the date on 

which the annual report(s) was required 

to be filed, without regard to any 

extensions for filing.

Plan administrators who fail to file an 

annual report may be assessed a penalty 

of $300 per day, up to $30,000 per year, 

until a complete annual report is filed. 

Penalties are applicable to each annual 

report required to be filed under Title I 

of ERISA. The Department may, in its 

discretion, waive all or part of a civil 

penalty assessed under section 502(c)(2) 

upon a showing by the administrator 

that there was reasonable cause for the 

failure to file a complete and timely 

annual report. 

The Department has determined that 

the possible assessment of these civil 

penalties may deter certain delinquent 

filers from voluntarily complying with 

the annual reporting requirements 

under Title I of ERISA. In an effort to 

encourage annual reporting compliance, 

therefore, the Department implemented 

the Delinquent Filer Voluntary 

Compliance (DFVC) Program (the 

Program) on April 27, 1995 (60 FR 

20873). Under the Program, 

administrators otherwise subject to the 

assessment of higher civil penalties are 

permitted to pay reduced civil penalties 

for voluntarily complying with the 

annual reporting requirements under 

Title I of ERISA. 

This ICR covers the requirement of 

providing data necessary to identify the 

plan along with the penalty payment. 

This data is the means by which each 

penalty payment is associated with the 

appropriate plan. With respect to most 

pension plans and welfare plans, the 

requirement is satisfied by sending a 

photocopy of the delinquent Form 5500 

annual report 2 that has been filed, along 

with the penalty payment.

Under current regulations, 

apprenticeship and training plans may 

be exempted from the reporting and 

disclosure requirements of Part 1 of 

Title I, and certain pension plans 

maintained for highly compensated 

employees, commonly called ‘‘top hat’’

plans may comply with these reporting 

and disclosure requirements by using an 

alternate method by filing a one-time 

identifying statement with the 

Department. The DFVC Program 

provides that apprenticeship and 

training plans and top hat plans may, in 

lieu of filing any past due annual 

reports and paying otherwise applicable 

civil penalties, complete and file 

specific portions of a Form 5500, file the 

identifying statements that were 

required to be filed, and pay a one-time 

penalty. 

II. Review Focus 

The Department of Labor 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 submissions 

of responses. 

III. Current Actions 

The Office of Management and 

Budget’s (OMB) approval of this ICR 

will expire on February 28, 2005. After 

considering comments received in 

response to this notice, the Department 

intends to submit the ICR to OMB for 

continuing approval. No change to the 

existing ICR is proposed or made at this 

time. 

Type of Review: Extension of a 

currently approved collection. 

Agency: U.S. Department of Labor, 

Employee Benefits Security 

Administration. 

Title: Delinquent Filer Voluntary 

Compliance Program. 

OMB Number: 1210–0089. 

Affected Public: Business or other forprofit; not-for-profit institutions. 

Frequency: On occasion. 

Average Burden Hours/Minutes Per 

Response: 21 minutes. 

Number of Respondents: 4,100. 

Total Annual Responses: 4,100. 

Total Annual Burden Hours: 145. 

Total Burden Cost (Operating and 

Maintenance): $107,300.

Dated: November 24, 2004. 

Gerald B. Lindrew, 

Deputy Director, Office of Policy and 

Research, Employee Benefits Security 

Administration.

[FR Doc. 04–26547 Filed 12–1–04; 8:45 am] 

BILLING CODE 4510–29–P

DEPARTMENT OF LABOR

Employee Benefits Security 

Administration 

Proposed Extension of Information 

Collection Request Submitted for 

Public Comment and 

Recommendations; Suspension of 

Benefits

ACTION: Notice.

SUMMARY: The Department of Labor, as 

part of its continuing effort to reduce 

paperwork and respondent burden, 

conducts a preclearance consultation 

70160 Federal Register / Vol. 69, No. 231 / Thursday, December 2, 2004 / Notices 

program to provide the general public 

and Federal agencies with an 

opportunity to comment on proposed 

and continuing collections of 

information in accordance with the 

Paperwork Reduction Act of 1995 (PRA 

95). This program helps to ensure that 

requested data can be provided in the 

desired format, reporting burden (time 

and financial resources) is minimized, 

collection instruments are clearly 

understood, and the impact of collection 

requirements on respondents can be 

properly assessed. Currently, the 

Employee Benefits Security 

Administration (EBSA) is soliciting 

comments concerning the extension 

without change of the information 

collection request (ICR) included in the 

suspension of pension benefits 

regulation issued pursuant to the 

authority of section 203(a)(3)(B) of the 

Employee Retirement Income Security 

Act of 1974 (ERISA), which governs the 

circumstances under which pension 

plans may suspend pension benefit 

payments to retirees who return to 

work, or of participants who continue to 

work beyond normal retirement age (29 

CFR 2530.203–3). 

A copy of the proposed information 

collection request (ICR) can be obtained 

by contacting the office listed below in 

the addresses section of this notice.

DATES: Written comments must be 

submitted to the office listed in the 

addresses section below on or before 

January 31, 2005.

ADDRESSES: Interested parties are 

invited to submit written comments 

regarding the collection of information. 

Send comments to Mr. Gerald B. 

Lindrew, Office of Policy and Research, 

U.S. Department of Labor, Employee 

Benefits Security Administration, 200 

Constitution Avenue, NW., Room N–

5647, Washington, DC 20210. 

Telephone: (202) 693–8410 Fax: (202) 

693–4745 (These are not toll-free 

numbers).

SUPPLEMENTARY INFORMATION:

I. Background 

Section 203(a)(3)(B) of ERISA governs 

the circumstances under which pension 

plans may suspend pension benefit 

payments to retirees that return to work 

or to participants that continue to work 

beyond normal retirement age. 

Furthermore, section 203(a)(3)(B) of 

ERISA authorizes the Secretary to 

prescribe regulations necessary to carry 

out the provisions of this section. 

In this regard, the Department issued 

a regulation which describes the 

circumstances and conditions under 

which plans may suspend the pension 

benefits of retirees that return to work, 

or of participants that continue to work 

beyond normal retirement age (29 CFR 

2530.203–3). In order for a plan to 

suspend benefits pursuant to the 

regulation, it must notify affected 

retirees or participants (by first class 

mail or personal delivery) during the 

first calendar month or payroll period in 

which the plan withholds payment, that 

benefits are suspended. This notice 

must include the specific reasons for 

such suspension, a general description 

of the plan provisions authorizing the 

suspension, a copy of the relevant plan 

provisions, and a statement indicating 

where the applicable regulations may be 

found, (i.e., 29 CFR 2530.203–3). In 

addition, the suspension notification 

must inform the retiree or participant of 

the plan’s procedure for affording a 

review of the suspension of benefits. 

II. Review Focus 

The Department of Labor 

(Department) 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 submissions 

of responses. 

III. Current Actions 

The Office of Management and 

Budget’s approval of this ICR will expire 

on February 28, 2005. This notice 

requests comments on the extension of 

the ICR. The Department is not 

proposing or implementing changes to 

the existing ICR at this time in 

connection with this extension. 

Comments submitted in response to this 

notice will be summarized and/or 

included in the request for OMB 

approval of the information collection 

request; they will also become a matter 

of public record. 

AGENCY: Department of Labor, 

Employee Benefits Security 

Administration. 

Title: Suspension of Benefits 

Regulation pursuant to 29 CFR 

2530.203–3. 

Type of Review: Extension of a 

currently approved collection. 

OMB Number: 1210–0048. 

Affected Public: Individuals or 

households; business or other for-profit; 

not-for-profit institutions. 

Total Respondents: 74,872. 

Total Responses: 74,872. 

Frequency of Response: On occasion. 

Total Annual Burden: 18,718. 

Total Burden Cost (Operating and 

Maintenance): $63,000.

Dated: November 24, 2004. 

Gerald B. Lindrew, 

Deputy Director, Office of Policy and 

Research, Employee Benefits Security 

Administration.

[FR Doc. 04–26548 Filed 12–1–04; 8:45 am] 

BILLING CODE 4510–29–P

DEPARTMENT OF LABOR

Employee Benefits Security 

Administration 

Proposed Extension of Information 

Collection Request Submitted for 

Public Comment and 

Recommendations; Prohibited 

Transaction Class Exemption 77–4

ACTION: Notice.

SUMMARY: The Department of Labor, as 

part of its continuing effort to reduce 

paperwork and respondent burden, 

conducts a preclearance consultation 

program to provide the general public 

and Federal agencies with an 

opportunity to comment on proposed 

and continuing collections of 

information in accordance with the 

Paperwork Reduction Act of 1995 (PRA 

95). This program helps to ensure that 

requested data can be provided in the 

desired format, reporting burden (time 

and financial resources) is minimized, 

collection instruments are clearly 

understood, and the impact of collection 

requirements on respondents can be 

properly assessed. Currently, the 

Employee Benefits Security 

Administration (EBSA) is soliciting 

comments concerning the proposed 

extension of a currently approved 

collection of information, Class 

Exemption 77–4 for certain transactions 

between investment companies and 

employee benefit plans. 

A copy of the proposed information 

collection request (ICR) can be obtained 

by contacting the office listed below in 

the addresses section of this notice.

DATES: Written comments must be 

submitted to the office listed in the