[Federal Register Volume 89, Number 201 (Thursday, October 17, 2024)]
[Notices]
[Pages 83702-83703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23882]


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DEPARTMENT OF LABOR


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Employee Retirement Income Security Act 
Procedure 1976-1; Advisory Opinion Procedure

ACTION: Notice of availability; request for comments.

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SUMMARY: The Department of Labor (DOL) is submitting this Employee 
Benefits Security Administration (EBSA)-sponsored information 
collection request (ICR) to the Office of Management and Budget (OMB) 
for review and approval 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 the agency 
receives on or before November 18, 2024.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Michael Howell by telephone at 202-
693-6782, or by email at <a href="/cdn-cgi/l/email-protection#bcf8f3f0e3eceefde3ece9fef0f5fffcd8d3d092dbd3ca"><span class="__cf_email__" data-cfemail="bafef5f6e5eae8fbe5eaeff8f6f3f9faded5d694ddd5cc">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: In 1976, the Department issued ERISA 
Procedure 76-1, the Procedure for ERISA Advisory Opinions (ERISA 
Procedure), in order to establish a public process for requesting 
guidance from the Employee Benefits Security Administration (EBSA) on 
the application of ERISA to particular circumstances. The ERISA 
Procedure sets forth specific administrative procedures for requesting 
either an advisory opinion or an information letter and describes the 
types of questions that may be submitted.
    As part of the ERISA Procedure, requesters are instructed to 
provide information to EBSA concerning the circumstances governing 
their request.

[[Page 83703]]

Section 6 of ERISA Procedure 76-1 lists the information that must be 
supplied by the party requesting an advisory opinion. This information 
includes identifying information (name, type of plan, EIN Number, 
etc.), a detailed description of the act(s) or transaction(s) with 
respect to which an advisory opinion is being requested, a discussion 
of the issues presented by the act(s) or transaction(s), a statement of 
the party's views concerning the issues to be resolved and the legal 
basis for such views. The requesting party must also include copies of 
the relevant documents and may also request a conference with EBSA in 
the event that EBSA is considering issuing an adverse opinion. For 
additional substantive information about this ICR, see the related 
notice published in the Federal Register on February 5, 2024 (89 FR 
7732).
    Comments are invited on: (1) whether the collection of information 
is necessary for the proper performance of the functions of the 
Department, including whether the information will have practical 
utility; (2) the accuracy of the agency's estimates of the burden and 
cost of the collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility and clarity of the information collection; and (4) ways to 
minimize the burden of the collection of information on those who are 
to respond, including the use of automated collection techniques or 
other forms of information technology.
    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 the OMB approves it 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 
OMB Control Number. See 5 CFR 1320.5(a) and 1320.6.
    DOL seeks PRA authorization for this information collection for 
three (3) years. OMB authorization for an ICR cannot be for more than 
three (3) years without renewal. The DOL notes that information 
collection requirements submitted to the OMB for existing ICRs receive 
a month-to-month extension while they undergo review.
    Agency: DOL-EBSA.
    Title of Collection: Employee Retirement Income Security Act 
Procedure 1976-1; Advisory Opinion Procedure.
    OMB Control Number: 1210-0066.
    Affected Public: Private sector, Business or other for profits.
    Total Estimated Number of Respondents: 6.
    Total Estimated Number of Responses: 6.
    Total Estimated Annual Time Burden: 63 hours.
    Total Estimated Annual Other Costs Burden: $175,044.

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

Michael Howell,
Senior Paperwork Reduction Act Analyst.
[FR Doc. 2024-23882 Filed 10-16-24; 8:45 am]
BILLING CODE 4510-29-P


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