58312 Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Notices 

Director of the Office of National Drug 

Control Policy, Chief Executive Officer 

of AmeriCorps and the Assistant 

Secretary of Homeland Security for the 

U.S. Immigration and Customs 

Enforcement. Ten additional members 

are appointed by the President of the 

United States, the Speaker of the U.S. 

House of Representatives, the U.S. 

Senate Majority Leader and the 

Chairman of the Committee on Indian 

Affairs of the Senate. Further agencies 

that take part in Council activities 

include the Departments of Agriculture 

and Defense. 

Council meeting agendas are available 

on www.juvenilecouncil.gov. Agendas 

will generally include: (a) Opening 

remarks and introductions; (b) 

Presentations and discussion of agency 

work; and (c) Council member 

announcements. 

Members of the public who wish to 

virtually attend, must register in 

advance of the meeting at the meeting 

registration site, by no later than 

Tuesday September 12th, 2023. Should 

issues arise with online registration, or 

to register by email, the public should 

contact Maegen Barnes, Senior Program 

Manager/Federal Contractor (see above 

for contact information). If submitting 

registrations by email, attendees should 

include all of the following: Name, 

Title, Organization/Affiliation, Full 

Address, Phone Number, and Email. 

Registration for this is also found online 

at www.juvenilecouncil.gov. 

Interested parties may submit written 

comments and questions in advance to 

Maegen Barnes, Senior Program 

Manager/Federal Contractor (contact 

information above). All comments and 

questions should be submitted no later 

than 5:00 p.m. EST on Tuesday 

September 12th, 2023. 

The Council will limit public 

statements if they are found to be 

duplicative. Written questions 

submitted by public attendees may also 

be considered by the Council, time 

permitting. 

Julie Herr, 

Designated Federal Official, Office of Juvenile 

Justice and Delinquency Prevention. 

[FR Doc. 2023–18348 Filed 8–24–23; 8:45 am] 

BILLING CODE 4410–18–P 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

Agency Information Collection 

Activities; Request for Public 

Comment 

AGENCY: Employee Benefits Security 

Administration (EBSA), Department of 

Labor. 

ACTION: Notice. 

SUMMARY: The Department of Labor (the 

Department), in accordance with the 

Paperwork Reduction Act, 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 October 

24, 2023. 

ADDRESSES: James Butikofer, 

Department of Labor, Employee Benefits 

Security Administration, 200 

Constitution Avenue NW, Room N– 

5718, Washington, DC 20210, or 

ebsa.opr@dol.gov. 

SUPPLEMENTARY INFORMATION: 

I. Current Actions 

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 

burden estimates follows: 

Agency: Employee Benefits Security 

Administration, Department of Labor. 

Title: Suspension of Pension Benefits 

Pursuant to Regulations 29 CFR 

2530.203–3. 

Type of Review: Extension of a 

currently approved collection of 

information. 

OMB Number: 1210–0048. 

Affected Public: Businesses or other 

for-profits. 

Respondents: 39,457. 

Responses: 171,221. 

Estimated Total Burden Hours: 

132,639. 

Estimated Total Burden Cost 

(Operating and Maintenance): $48,524. 

Description: Section 203(a)(3)(B) of 

the Employee Retirement Income 

Security Act of 1974 (ERISA) governs 

the circumstances under which pension 

plans may suspend pension benefit 

payments to retirees who return to work 

or to participants who continue to work 

beyond normal retirement age. This 

section sets forth the circumstances and 

conditions under which such benefit 

payments may be suspended. In order 

for a plan to suspend benefits pursuant 

to the regulation, it must notify the 

affected retiree or participant during the 

first calendar month or payroll period in 

which the plan withholds payment that 

benefits are suspended. Requests for 

such reviews may be considered in 

accordance with the claims procedure 

adopted by the plan pursuant to section 

503 of the Act and applicable 

regulations. The 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. 

The Department has received 

approval from OMB for this ICR under 

OMB Control No. 1210–0048. The 

current approval is scheduled to expire 

on January 31, 2024. 

Agency: Employee Benefits Security 

Administration, Department of Labor. 

Title: Prohibited Transaction 

Exemption 1981–8, Class Exemption 

Covering Certain Short-Term 

Investment. 

Type of Review: Extension of a 

currently approved collection of 

information. 

OMB Number: 1210–0061. 

Affected Public: Not-for-profit 

institutions, Businesses, or other forprofits. 

Respondents: 95,170. 

Responses: 413,320. 

Estimated Total Burden Hours: 

103,330. 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Notices 58313 

Estimated Total Burden Cost 

(Operating and Maintenance): $114,109. 

Description: PTE 81–8 permits the 

investment of plan assets that involve 

the purchase or other acquisition, 

holding, sale, exchange, or redemption 

by or on behalf of an employee benefits 

plan in certain types of short-term 

investments. PTE 81–8 covers five types 

of short-term investments: banker’s 

acceptances, commercial paper, 

repurchase agreements, certificates of 

deposit, and bank securities. Without 

the exemption, certain aspects of these 

transactions might be prohibited by 

ERISA section 406. In order to grant an 

exemption under ERISA section 408 and 

Code section 4975(c)(2), the Department 

must determine that the exemption is: 

administratively feasible, in the 

interests of the plan and its participants 

and beneficiaries, and protective of the 

rights of participants and beneficiaries 

of such plan. 

The Department requires minimal 

information collection pertaining to the 

affected transactions and two basic 

disclosure requirements. Both 

disclosure requirements affect only the 

portion of the exemption dealing with 

repurchase agreements. The first 

requirement calls for the repurchase 

agreements between the seller and the 

plan to be in writing. The second 

requirement obliges the seller of such 

repurchase agreements to furnish the 

plan with the most recent available 

audited statement of its financial 

condition as well as its most recent 

available unaudited statement at the 

time of the sale and as the statements 

are issued. The seller must also 

represent, either in the repurchase 

agreement or prior to each repurchase 

agreement transaction, that as of the 

time the transaction is negotiated, there 

has been no material adverse change in 

the seller’s financial condition since the 

date the last financial statement was 

furnished that has not been disclosed to 

the plan fiduciary with whom the 

written agreement is made. 

The Department has received 

approval from OMB for this ICR under 

OMB Control No. 1210–0061. The 

current approval is scheduled to expire 

on January 31, 2024. 

Agency: Employee Benefits Security 

Administration, Department of Labor. 

Title: Prohibited Transaction 

Exemption 1996–62, Class Exemption to 

Permit Certain Authorized Transactions 

Between Plans and Parties in Interest. 

Type of Review: Extension of a 

currently approved collection of 

information. 

OMB Number: 1210–0098. 

Affected Public: Not-for-profit 

institutions, Businesses, or other forprofits. 

Respondents: 7. 

Responses: 3,515. 

Estimated Total Burden Hours: 88. 

Estimated Total Burden Cost 

(Operating and Maintenance): $30,156. 

Description: PTE 96–62 provides 

accelerated approval of an exemption 

permitting a plan to engage in a 

transaction which might otherwise be 

prohibited following a demonstration to 

the Department that the transaction is 

substantially similar to either 

transactions described in at least two 

prior individual exemptions granted by 

the Department and that provided relief 

from the same restriction(s) within the 

60-month period ending on the date of 

the filing of the written submission; or 

one individual exemption that was 

granted by the Department, and 

provided relief from the same 

restriction(s), within 120-month period 

ending on the date of filing of the 

written submission and at least one 

transaction that has received final 

authorization pursuant to PTE 96–62 

within a 60-month period ending on the 

date of the filing of the written 

submission. In addition, there must be 

little, if any, risk of abuse or loss to a 

plan’s participants and beneficiaries as 

a result of the transaction. An applicant 

for an exemption must submit the 

necessary documentation as described 

in the class exemption to the 

Department for the Department to make 

an informed determination regarding an 

application for accelerated approval. 

Following tentative authorization, the 

applicant must provide written notice to 

interested persons in a manner that is 

reasonably calculated to result in the 

receipt of such notice by interested 

persons, to ensure that participants and 

beneficiaries are informed of the 

application for an exemption and the 

date of the expiration of the comment 

period and have an opportunity to 

comment. 

The Department has received 

approval from OMB for this ICR under 

OMB Control No. 1210–0098. The 

current approval is scheduled to expire 

on January 31, 2024. 

Agency: Employee Benefits Security 

Administration, Department of Labor. 

Title: Prohibited Transaction 

Exemption 98–54, Class Exemption 

Relating to Certain Employee Benefit 

Plan Foreign Exchange Transactions 

Executed Pursuant to Standing 

Instructions. 

Type of Review: Extension of a 

currently approved collection of 

information. 

OMB Number: 1210–0111. 

Affected Public: Businesses or other 

for-profits. 

Respondents: 35. 

Responses: 420,000. 

Estimated Total Burden Hours: 4,200. 

Estimated Total Burden Cost 

(Operating and Maintenance): $0. 

Description: PTE 98–54 permits 

employee benefit plans to engage in 

foreign exchange transactions with 

banks or broker-dealers which are 

trustees, custodians, fiduciaries, or other 

parties in interest with respect to such 

plans pursuant to a standing instruction. 

The exemption’s conditions contain the 

following information collection 

requirements: (1) the bank or brokerdealer maintains at all times written 

policies and procedures regarding the 

handling of foreign exchange 

transactions for plans with respect to 

which the bank or broker-dealer is a 

trustee, custodian, fiduciary or other 

party in interest or disqualified person 

which assure that the person acting for 

the bank or broker-dealer knows that 

they are dealing with a plan, a partial 

copy of which prior to the execution of 

certain transactions is provided to the 

plan’s independent fiduciary; (2) the 

covered transaction is performed under 

a written authorization executed in 

advance by the fiduciary of the plan 

whose assets are involved in the 

transaction, which plan fiduciary is 

independent of the bank or brokerdealer engaging in the covered 

transaction or any foreign affiliate 

thereof; (3) the bank or broker-dealer 

engaging in the covered transaction 

furnishes to the independent fiduciary a 

written confirmation statement with 

respect to each covered transaction not 

more than five business days after 

execution of the transactions; and (4) 

recordkeeping requirements. 

The Department has received 

approval from OMB for this ICR under 

OMB Control No. 1210–0111. The 

current approval is scheduled to expire 

on January 31, 2024. 

Agency: Employee Benefits Security 

Administration, Department of Labor. 

Title: Prohibited Transaction 

Exemption 2020–02, Improving 

Investment Advice for Workers & 

Retirees Prohibited Transaction 

Exemption. 

Type of Review: Extension of a 

currently approved collection of 

information. 

OMB Number: 1210–0163. 

Affected Public: Individuals or 

Households. 

Respondents: 11,782. 

Responses: 1,755,959. 

Estimated Total Burden Hours: 

401,251. 


ddrumheller on DSK120RN23PROD with NOTICES1
58314 Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Notices 

Estimated Total Burden Cost 

(Operating and Maintenance): $92,063. 

Description: PTE 2020–02 permits 

investment advice fiduciaries (i.e., 

registered IAs, BDs, banks, and 

insurance companies) to receive 

compensation and engage in principal 

transactions that would otherwise 

violate the prohibited transaction 

provisions of ERISA and the Code. The 

prohibited transaction provisions of 

ERISA and the Code generally prohibit 

fiduciaries with respect to employee 

benefit plans (Plans) and individual 

retirement accounts and annuities 

(IRAs) from engaging in self-dealing and 

receiving compensation from third 

parties in connection with transactions 

involving the Plans and IRAs, and from 

purchasing and selling investments with 

the Plans and IRAs when the fiduciaries 

are acting on behalf of their own 

accounts (principal transactions). 

To qualify for the exemption, 

investment advice fiduciaries are 

required to comply with the following 

information collection requirements: (1) 

make disclosures to inform retirement 

investors of their fiduciary status, 

services offered, and material conflicts 

of interest; (2) establish, maintain, and 

enforce written policies and procedures 

designed to ensure that they and their 

investment professionals comply with 

the Impartial Conduct Standards; (3) 

document the specific reasons for any 

rollover recommendation and show that 

the rollover is in the best interest of the 

retirement investor and provide the 

documentation to the retirement 

investor; (4) conduct an annual 

retrospective review that is reasonably 

designed to prevent violations of the 

PTE’s Impartial Conduct Standards and 

the institution’s own policies and 

procedures and provide a written report 

that is certified by a senior executive 

officer; and (5) maintain records so that 

parties relying on an exemption can 

demonstrate, and the Department can 

verify, compliance with the conditions 

of the exemption. Investment advice 

fiduciaries may choose to self-correct 

certain violations if, among other things, 

the financial institution notifies the 

Department of Labor and the person(s) 

responsible for conducting the 

retrospective review. 

The Department has received 

approval from OMB for this ICR under 

OMB Control No. 1210–0163. The 

current approval is scheduled to expire 

on February 29, 2024. 

Agency: Employee Benefits Security 

Administration, Department of Labor. 

Title: Delinquent Filer Voluntary 

Compliance Program. 

Type of Review: Extension of a 

currently approved collection of 

information. 

OMB Number: 1210–0089. 

Affected Public: Not-for-profit 

institutions, Businesses or other forprofits. 

Respondents: 10,350. 

Responses: 10,350. 

Estimated Total Burden Hours: 518. 

Estimated Total Burden Cost 

(Operating and Maintenance): $778,718. 

Description: Under Title I of ERISA, 

the administrator of each welfare plan 

and each pension plan, unless otherwise 

exempt, is required to file an annual 

report with the Secretary containing the 

information set forth in section 103 of 

ERISA. The statutory annual reporting 

requirements under Titles I and IV of 

ERISA, as well as the Internal Revenue 

Code (the Code), are satisfied generally 

by filing the appropriate annual return/ 

report (the Form 5500). 

On April 27, 1995, the Department 

implemented the Delinquent Filer 

Voluntary Compliance Program (the 

DFVC Program) in an effort to encourage 

annual reporting compliance. Under the 

DFVC 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. 

The only information collection 

requirement included in the DFVC 

Program is the requirement of providing 

data necessary to identify the plan along 

with the penalty payment. This data is 

the only means by which each penalty 

payment is associated with the relevant 

plan. With respect to most pension 

plans and welfare plans, the 

requirement is satisfied by sending, 

along with the penalty payment, a copy 

of the delinquent annual report (without 

attachments or schedules) which is filed 

with the Department at a different 

address under the EFAST system. In the 

event that the plan administrator files 

the delinquent annual report using a 

1998 or prior plan year form, a paper 

copy of only the first page of the Form 

5500 or Form 5500–C, as applicable, 

should be submitted along with the 

penalty payment. 

Certain pension plans for highly 

compensated employees, commonly 

called ‘‘top hat’’ plans, and 

apprenticeship plans may file a onetime statement in lieu of annual reports. 

With respect to such plans, information 

collection requirements of the DFVC 

Program are satisfied by sending a 

completed first page of an annual report 

form along with the penalty payment. 

The one-time statements are required to 

be sent to a different address within the 

Department. The DFVC Program is 

designed to allow the processing of all 

penalty payments at a single location 

within the Department. 

The Department has received 

approval from OMB for this ICR under 

OMB Control No. 1210–0089. The 

current approval is scheduled to expire 

on March 31, 2024. 

Agency: Employee Benefits Security 

Administration, Department of Labor. 

Title: Request for Assistance from the 

Department of Labor, Employee Benefits 

Security Administration. 

Type of Review: Extension of a 

currently approved collection of 

information. 

OMB Number: 1210–0146. 

Affected Public: Individuals or 

Households. 

Respondents: 5,582. 

Responses: 5,582. 

Estimated Total Burden Hours: 2,791. 

Estimated Total Burden Cost 

(Operating and Maintenance): $0. 

Description: The Department of 

Labor’s Employee Benefits Security 

Administration (EBSA) maintains a 

program designed to provide education 

and technical assistance to participants 

and beneficiaries as well as to 

employers, plan sponsors, and service 

providers related to their health and 

retirement plan benefits. EBSA assists 

participants in understanding their 

rights, responsibilities, and benefits 

under employee benefit law and 

intervenes informally on their behalf 

with the plan sponsor in order to assist 

them in obtaining the health and 

retirement benefits to which they may 

have been inappropriately denied, 

which can avert the necessity for a 

formal investigation or a civil action. 

EBSA maintains a toll-free telephone 

number through which inquirers can 

reach Benefits Advisors in ten Regional 

Offices. EBSA has also made a request 

for assistance form available on its 

website for those wishing to obtain 

assistance in this manner. Contact with 

EBSA is entirely voluntary. 

The collection of information is an 

intake form for assistance requests from 

the public. This information includes 

the plan type, broad categories of 

problem type, contact information for 

responsible parties, and a mechanism 

for the inquirer to attach relevant 

documents. Summary data from the 

existing intake form has also been used, 

in accordance with section 513 of 

ERISA, to respond to requests for 

information regarding employee benefit 

plans from members of Congress and 

governmental oversight entities, and to 

inform the policy formulation process. 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Notices 58315 

The Department has received 

approval from OMB for this ICR under 

OMB Control No. 1210–0146. The 

current approval is scheduled to expire 

on March 31, 2024. 

Agency: Employee Benefits Security 

Administration, Department of Labor. 

Title: Alternative Method of 

Compliance for Certain Simplified 

Employee Pensions. 

Type of Review: Extension of a 

currently approved collection of 

information. 

OMB Number: 1210–0034. 

Affected Public: Businesses or other 

for-profits. 

Respondents: 35,560. 

Responses: 67,930. 

Estimated Total Burden Hours: 

21,227. 

Estimated Total Burden Cost 

(Operating and Maintenance): $3,223. 

Description: Section 110 of ERISA 

relieves sponsors of certain Simplified 

Employee Pensions (SEPs) from ERISA’s 

Title I reporting and disclosure 

requirements by prescribing an 

alternative method of compliance. 

These SEPs are, for purposes of this 

information collection, referred to as 

‘‘non-model SEPs’’ because they 

exclude those SEPs which are created 

through use of Internal Revenue Service 

(IRS) Form 5305–SEP, and those SEPs in 

which the employer influences the 

employees as to their choice of IRAs to 

which employer contributions will be 

made, and that also prohibit 

withdrawals by participants. 

This information collection 

requirement generally requires timely 

written disclosure to employees eligible 

to participate in non-model SEPs, 

including specific information 

concerning: participation requirements; 

allocation formulas for employer 

contributions; designated contact 

persons for further information; and, for 

employer recommended IRAs, specific 

terms of the IRAs such as rates of return 

and any restrictions on withdrawals. 

Moreover, general information is 

required that provides a clear 

explanation of: the operation of the nonmodel SEP; participation requirements 

and any withdrawal restrictions; and the 

tax treatment of the SEP-related IRA. 

Furthermore, statements must be 

provided that inform participants of: 

any other IRAs under the non-model 

SEP other than that to which employer 

contributions are made; any options 

regarding rollovers and contributions to 

other IRAs; descriptions of IRS 

disclosure requirements to participants 

and information regarding social 

security integration (if applicable); and 

timely notification of any amendments 

to the terms of the non-model SEP. 

The Department has received 

approval from OMB for this ICR under 

OMB Control No. 1210–0034. The 

current approval is scheduled to expire 

on April 30, 2024. 

Agency: Employee Benefits Security 

Administration, Department of Labor. 

Title: Procedures Governing the Filing 

and Processing of Prohibited 

Transaction Exemption Applications 

Type of Review: Extension of a 

currently approved collection of 

information. 

OMB Number: 1210–0060. 

Affected Public: Businesses or other 

for-profits. 

Respondents: 20. 

Responses: 4,899. 

Estimated Total Burden Hours: 632. 

Estimated Total Burden Cost 

(Operating and Maintenance): $551,422. 

Description: ERISA sections 406 and 

407 and Code section 4975(e) prohibit 

various transactions between a plan and 

certain related parties and certain 

transactions by a plan fiduciary unless 

a statutory or administrative exemption 

applies to the transaction. The 

Department has authority under 

Reorganization Plan No. 4, pursuant to 

section 408 of ERISA and section 

4975(c)(2) of the Code to grant either 

individual or class exemptions. In order 

to grant an exemption under ERISA 

section 408 and Code section 4975(c) 

(2), the Department must determine that 

the exemption is: administratively 

feasible, in the interests of the plan and 

its participants and beneficiaries, and 

protective of the rights of participants 

and beneficiaries. 

In order to make such a 

determination, the Department requires 

full disclosure of information regarding 

all aspects of the proposed transaction, 

and the parties and the assets involved. 

Sections 2570.34 and 2570.35 of the 

exemption procedure regulation 

describe the information that must be 

supplied by the applicant, such as: 

identifying information (name, type of 

plan, EIN number, etc.); an estimate of 

the number of plan participants; a 

detailed description of the exemption 

transaction and the parties for which an 

exemption is requested; a statement 

regarding which section of ERISA is 

thought to be violated and whether 

transaction(s) involved have already 

been entered into; a statement of 

whether the transaction is customary in 

the industry; a statement of the hardship 

or economic loss, if any, which would 

result if the exemption were denied; a 

statement explaining why the proposed 

exemption would be administratively 

feasible, in the interests of the plan and 

protective of the rights of plan 

participants and beneficiaries; and 

several other statements. In addition, 

the applicant must certify that the 

information supplied is accurate and 

complete. 

The Department has received 

approval from OMB for this ICR under 

OMB Control No. 1210–0060. The 

current approval is scheduled to expire 

on April 30, 2024. 

Agency: Employee Benefits Security 

Administration, Department of Labor. 

Title: Investment Advice Participants 

and Beneficiaries. 

Type of Review: Extension of a 

currently approved collection of 

information. 

OMB Number: 1210–0134. 

Affected Public: Businesses or other 

for-profits. 

Respondents: 11,396. 

Responses: 23,033,030. 

Estimated Total Burden Hours: 

2,423,391. 

Estimated Total Burden Cost 

(Operating and Maintenance): 

$318,912,816. 

Description: Under ERISA, providing 

‘‘investment advice’’ is a fiduciary act. 

A fiduciary who advises participants 

about plan investment opportunities 

that pay the adviser fees or commissions 

may be subject to liability under the 

Employee Retirement Income Security 

Act of 1974 (ERISA) prohibited 

transaction rules. The Pension 

Protection Act of 2006 (Pub. L. 109–280) 

amended the ERISA and the Internal 

Revenue Code (Code) to include a 

statutory exemption for providing 

investment advice to participants and 

beneficiaries in self-directed defined 

contribution individual account ERISAcovered plans (Plans) and beneficiaries 

of individual retirement accounts, 

individual retirement annuities, Archer 

MSAs, health savings accounts and 

Coverdell education savings accounts 

(collectively IRAs) described in the 

Code. The statutory exemption provides 

relief from the prohibited transaction 

provisions of ERISA, and the parallel 

provisions of the Code. 

The information collections that are 

conditions of the regulation include, 

third-party disclosures, recordkeeping, 

and audit requirements. With one 

exception, the regulation does not 

require any reporting or filing with the 

Federal government, but the designated 

records must be made available upon 

request. The exception is the 

requirement that the fiduciary adviser is 

required under certain circumstances to 

forward the audit report which is also 

a required disclosure under the 

regulation to the Department. 

The Department has received 

approval from OMB for this ICR under 

OMB Control No. 1210–0134. The 


ddrumheller on DSK120RN23PROD with NOTICES1
58316 Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Notices 

current approval is scheduled to expire 

on April 30, 2024. 

Agency: Employee Benefits Security 

Administration, Department of Labor. 

Title: Furnishing Documents to the 

Secretary of Labor on Request Under 

Employee Retirement Income Security 

Act Section 104(a)(6). 

Type of Review: Extension of a 

currently approved collection of 

information. 

OMB Number: 1210–0112. 

Affected Public: Not-for-profit 

institutions, Businesses or other forprofits. 

Respondents: 893. 

Responses: 893. 

Estimated Total Burden Hours: 41. 

Estimated Total Burden Cost 

(Operating and Maintenance): $721. 

Description: Prior to the enactment of 

the Taxpayer Relief Act of 1997 (Pub. L. 

105–34, August 5, 1997) (TRA ‘97), 

section 104(a) of the Employee 

Retirement Security Act of 1974 (ERISA) 

required administrators of employee 

benefit plans automatically to file the 

plan’s summary plan description (SPD) 

and any summaries of material 

modification (SMMs) with the Secretary 

of the Department of Labor (the 

Department). TRA ‘97 eliminated the 

requirement that these documents be 

filed automatically with the 

Department, but added ERISA section 

104(a)(6), requiring a plan administrator 

to furnish documents related to an 

employee benefit plan to the 

Department upon request. The 

requirement that administrators furnish 

the Department requested plan 

documents other than SPDs and SMMs 

was part of section 104(a) prior to 

enactment of TRA ’97; that requirement 

was moved by TRA ’97 to section 

104(a)(6) and consolidated with the new 

furnishing requirement pertaining to 

SPDs and SMMs. 

Pursuant to the regulation, the 

Department requests documents under 

section 104(a)(6) when a participant or 

beneficiary has previously requested the 

documents directly from the plan 

administrator and the administrator has 

failed or refused to provide them. The 

Department therefore uses the requested 

information to respond to participants’ 

requests to the Department for 

documents that the participants were 

unable to obtain from their plan 

administrators. 

The Department has received 

approval from OMB for this ICR under 

OMB Control No. 1210–0112. The 

current approval is scheduled to expire 

on June 30, 2024. 

II. 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 ICR for OMB approval 

of the information collection; they will 

also become a matter of public record. 

Signed at Washington, DC, this 18th day of 

August 2023. 

Lisa M. Gomez, 

Assistant Secretary, Employee Benefits 

Security Administration, U.S. Department of 

Labor. 

[FR Doc. 2023–18276 Filed 8–24–23; 8:45 am] 

BILLING CODE P 

OFFICE OF MANAGEMENT AND 

BUDGET 

Statistical Policy Directive No. 3: 

Compilation, Release, and Evaluation 

of Principal Federal Economic 

Indicators—Proposal To Change 

Timing of Public Comments by 

Employees of the Executive Branch 

AGENCY: Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, Executive 

Office of the President. 

ACTION: Notice of solicitation of 

comments. 

SUMMARY: The Office of Management 

and Budget (OMB) issues a request for 

public comments on a proposal to 

modify one provision within Statistical 

Policy Directive No. 3: Compilation, 

Release, and Evaluation of Principal 

Federal Economic Indicators (Directive 

No. 3). The procedures in Directive No. 

3, published in 1985, were designed to 

ensure equitable, policy-neutral, and 

timely release and dissemination of 

Principal Federal Economic Indicators 

(PFEIs). The goals of Directive No. 3 

remain sound; this Notice proposes 

updates to procedures consistent with 

these goals to reflect advances in 

communication technologies and 

methods. In particular, OMB proposes 

to modify the provision, ‘‘employees of 

the Executive Branch shall not comment 

publicly on the data until at least one 

hour after the official release time,’’ by 

replacing ‘‘one hour’’ with ‘‘thirty 

minutes.’’ This proposed change would 

reduce the delay after official release 

time before commentary from 

employees of the Executive Branch. 

Additional discussion of the request for 

public comment may be found in the 

SUPPLEMENTARY INFORMATION section 

below. 

DATES: To ensure consideration of 

comments on this notice, they must be 

received no later than October 24, 2023. 

Because of delays in the receipt of 

regular mail related to security 

screening, respondents are encouraged 

to send comments electronically (see 

ADDRESSES, below). 

ADDRESSES: Submit comments through 

www.regulations.gov—a Federal EGovernment website that allows the 

public to find, review, and submit 

comments on documents that agencies 

have published in the Federal Register 

and that are open for comment. Enter 

‘‘OMB–2023–0016’’ (in quotes) in the 

Comment or Submission search box, 

click Go, and follow the instructions for 

submitting comments. Comments 

received by the date specified above 

will be included as part of the official 

record. 

Privacy Notice: Information submitted 

in response to this RFI will be 

maintained in the OMB Public Input 

System of Records, OMB/INPUT/01 88 

FR 20913. OMB generally makes 

comments received from members of the 

public available for public viewing on 

the Federal Rulemaking Portal at 

www.regulations.gov. As such, 

commenters should not include 

information that they do not wish to 

make publicly available, including 

information of a confidential nature, 

such as sensitive personal information 

or proprietary information. Please note 

that if you submit your email address, 

it will be automatically captured and 

included as part of the comment that is 

placed in the public docket; however, 

www.regulations.gov does include the 

option of commenting anonymously. 

For more detail about how OMB may 

maintain and disclose submitted 

information, please review the System 

of Records Notice at 88 FR 20913. 

Electronic Availability: This notice is 

available on the internet on the OMB 


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