[Federal Register Volume 83, Number 171 (Tuesday, September 4, 2018)]
[Notices]
[Pages 44905-44906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19100]


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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Employee Retirement Income Security Act of 
1974 Technical Release 1991-1

ACTION: Notice of availability; request for comments.

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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 of 1974 Technical Release 1991-1,'' to the Office of Management and 
Budget (OMB) for review and approval for 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 October 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=201805-1210-002 (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 <a href="/cdn-cgi/l/email-protection#83c7cccfdcd3d1c2dcd3d6c1cfcac0c3e7ecefade4ecf5"><span class="__cf_email__" data-cfemail="c3878c8f9c9391829c9396818f8a8083a7acafeda4acb5">[email protected]</span></a>.
    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: <a href="/cdn-cgi/l/email-protection#307f7962716f4345525d594343595f5e705f5d521e555f401e575f46"><span class="__cf_email__" data-cfemail="d39c9a81928ca0a6b1bebaa0a0babcbd93bcbeb1fdb6bca3fdb4bca5">[email protected]</span></a>. 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: <a href="/cdn-cgi/l/email-protection#c88c878497989a8997989d8a84818b88aca7a4e6afa7be"><span class="__cf_email__" data-cfemail="10545f5c4f4042514f4045525c595350747f7c3e777f66">[email protected]</span></a>.

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 <a href="/cdn-cgi/l/email-protection#b1f5fefdeee1e3f0eee1e4f3fdf8f2f1d5dedd9fd6dec7"><span class="__cf_email__" data-cfemail="82c6cdceddd2d0c3ddd2d7c0cecbc1c2e6edeeace5edf4">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This ICR seeks to extend PRA authority for 
the Employee Retirement Income Security Act of 1974 (ERISA) Technical 
Release 1991-1 information collection. The subject information 
collection requirements arise from ERISA section 101(e), which 
establishes notice requirements that must be satisfied before an 
employer may transfer excess assets from a defined benefit pension plan 
to a retiree health benefit account, as permitted under conditions set 
forth in Internal Revenue Code of 1986 as amended section 420. See 29 
U.S.C. 1021(e); 26 U.S.C. 420. ERISA section 101(e) notice requirements 
are two-fold. First, subsection (e)(1) requires a plan administrator to 
provide advance written notification of any such transfer to 
participants and beneficiaries. Second, subsection (e)(2)(A) requires 
an employer to provide advance written notification of any such 
transfer to the Secretaries of Labor and the Treasury, the plan 
administrator, and each employee organization representing participants 
in the plan. Both notices must be given at least sixty (60) days before 
the transfer date. The two subsections prescribe the information to

[[Page 44906]]

be included in each type of notice and further authorize the Secretary 
of Labor to prescribe (1) how notice to participants and beneficiaries 
must be given and (2) any additional reporting requirements deemed 
necessary.
    ERISA Technical Release 91-1 provides guidance on how to satisfy 
the subject ERISA notice requirements. The Release made two changes in 
the statutory requirements for the second type of notice. First, it 
required the notice to include a filing date and the intended asset 
transfer date. The Release also simplified the statutory filing 
requirements by providing that filing with the DOL would be deemed 
sufficient notice to both the DOL and the Department of the Treasury. 
ERISA section 101(e) authorizes this information collection. See 29 
U.S.C. 1021(e).
    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 1210-0084.
    OMB authorization for an ICR cannot be for more than three (3) 
years without renewal, and 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 April 11, 2018 (83 FR 15635).
    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 1210-0084. 
The OMB is particularly interested in comments that:
    <bullet> 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;
    <bullet> 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;
    <bullet> Enhance the quality, utility, and clarity of the 
information to be collected; and
    <bullet> 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 of 
1974 Technical Release 1991-1.
    OMB Control Number: 1210-0084.
    Affected Public: Private Sector--businesses or other for-profits.
    Total Estimated Number of Respondents: 4.
    Total Estimated Number of Responses: 26,966.
    Total Estimated Annual Time Burden: 422 hours.
    Total Estimated Annual Other Costs Burden: $6,917.

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

     Dated: August 27, 2018.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2018-19100 Filed 8-31-18; 8:45 am]
 BILLING CODE 4510-29-P


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