16070 Federal Register / Vol. 77, No. 53 / Monday, March 19, 2012 / Notices 

DEPARTMENT OF LABOR 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request; Employee 

Retirement Income Security Act of 

1974 Technical Release 91–1 

AGENCY: Office of the Secretary, Labor. 

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 of 1974 Technical Release 91–1,’’ to 

the Office of Management and Budget 

(OMB) for review and approval for 

continued use in accordance with the 

Paperwork Reduction Act (PRA) of 1995 

(44 U.S.C. 3501 et seq.). 

DATES: Submit comments on or before 

April 18, 2012. 

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 email 

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 DOL–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), email: 

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 email at DOL_PRA_

PUBLIC@dol.gov. 

SUPPLEMENTARY INFORMATION: The 

subject information collection 

requirements arise from Employee 

Retirement Income Security Act of 1974 

(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 the conditions set forth in 

Internal Revenue Code of 1986, as 

amended (the Code) section 420. The 

section 101(e) notice requirements are 

two-fold. First, subsection (e)(1) requires 

plan administrators to provide advance 

written notification of such transfers to 

participants and beneficiaries. Second, 

subsection (e)(2)(A) requires employers 

to provide advance written notification 

of such transfers 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 60 days before the transfer date. 

The two subsections prescribe the 

information to be included in each type 

of notice and further give the Secretary 

of Labor the authority to prescribe how 

notice to participants and beneficiaries 

must be given and how any additional 

reporting requirements are deemed 

necessary. 

The DOL published ERISA Technical 

Release 91–1 on May 8, 1991, to provide 

guidance on how to satisfy the notice 

requirements prescribed by this section 

of the Act. The Technical 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, as 

required under the statute. 

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 1210–0084. The current 

OMB approval is scheduled to expire on 

March 31, 2012; however, it should be 

noted that existing information 

collection requirements submitted to the 

OMB receive a month-to-month 

extension while they undergo review. 

For additional information, see the 

related notice published in the Federal 

Register on December 7, 2011 (76 FR 

76439). 

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 help ensure appropriate 

consideration, comments should 

reference OMB Control Number 1210– 

0084. 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–EBSA. 

Title of Collection: Employee 

Retirement Income Security Act of 1974 

Technical Release 91–1. 

OMB Control Number: 1210–0084. 

Affected Public: Private Sector— 

Businesses or Other For-Profits. 

Total Estimated Number of 

Respondents: 12. 

Total Estimated Number of 

Responses: 82,518. 

Total Estimated Annual Burden 

Hours: 1,392. 

Total Estimated Annual Other Costs 

Burden: $20,715. 

Dated: March 14, 2012. 

Michel Smyth, 

Departmental Clearance Officer. 

[FR Doc. 2012–6569 Filed 3–16–12; 8:45 am] 

BILLING CODE 4510–29–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Notice of Determinations Regarding 

Eligibility To Apply for Worker 

Adjustment Assistance 

In accordance with Section 223 of the 

Trade Act of 1974, as amended (19 

U.S.C. 2273) the Department of Labor 

herein presents summaries of 

determinations regarding eligibility to 

apply for trade adjustment assistance for 

workers by (TA–W) number issued 

during the period of February 27, 2012 

through March 2, 2012. 

In order for an affirmative 

determination to be made for workers of 


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