Federal Register / Vol. 74, No. 74 / Monday, April 20, 2009 / Notices 17989 

EBSA previously submitted the 

information collection provisions of 

PTE 91–38 to the Office of Management 

and Budget (OMB) for review in an ICR 

that was approved under the OMB 

Control No. 1210–0083. The current 

approval is scheduled to expire on 

August 31, 2009. 

II. Desired Focus of Comments 

The 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., by permitting electronic submission 

of responses. 

III. Current Action 

This notice requests comments on a 

proposed extension of the ICR included 

in PTE 91–38. The Department is not 

proposing or implementing changes to 

the existing ICR at this time. The 

following summarizes the ICR and the 

current burden estimates: 

Type of Review: Extension of a 

currently approved collection of 

information. 

Agency: Employee Benefits Security 

Administration, Department of Labor. 

Title: Prohibited Transaction Class 

Exemption 91–38; Exemption for 

Certain Transactions Involving Bank 

Collective Investment Funds. 

OMB Number: 1210–0082. 

Affected Public: Individuals or 

households; Business or other for-profit; 

Not-for-profit institutions. 

Estimated Total Burden hours: 200. 

Respondents: 1,200. 

Frequency of Response: On occasion. 

Responses: 1,200. 

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. 

Dated: April 13, 2009. 

Joseph S. Piacentini, 

Director, Office of Policy and Research, 

Employee Benefits Security Administration. 

[FR Doc. E9–8907 Filed 4–17–09; 8:45 am] 

BILLING CODE 4510–29–P 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

Proposed Extension of Information 

Collection; Comment Request 

Prohibited Transaction Class 

Exemption 90–1, Pooled Separate 

Accounts 

AGENCY: Employee Benefits Security 

Administration, Department of Labor. 

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 

the Department can properly assess the 

impact of its information collection 

requirements on respondents and 

minimize the reporting burden (time 

and financial resources) on the public 

and that the public can understand the 

Department’s collection instruments 

and provide the requested data in the 

desired format. Currently, the Employee 

Benefits Security Administration 

(EBSA) is soliciting comments on a 

proposed extension of the information 

collection request (ICR) incorporated in 

Prohibited Transaction Class Exemption 

(PTE) 90–1, Pooled Separate Accounts. 

A copy of the ICR may be obtained by 

contacting the office listed in the 

ADDRESSES section of this notice. 

DATES: Written comments must be 

submitted to the office shown in the 

ADDRESSES section below on or before 

June 19, 2009. 

ADDRESSES: Direct all written comments 

to G. Christopher Cosby, Office of Policy 

and Research, Employee Benefits 

Security Administration, U.S. 

Department of Labor, 200 Constitution 

Avenue NW., Room N–5718, 

Washington, DC 20210, (210) 693–8410, 

FAX (202) 219–4745 (the foregoing are 

not toll-free numbers). Comments may 

also be submitted electronically to the 

following Internet e-mail address: 

ebsa.opr@dol.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

PTE 90–1 provides an exemption from 

certain provisions of the Employee 

Retirement Income Security Act of 1974 

(ERISA) relating to transactions 

involving insurance company pooled 

separate accounts in which employee 

benefit plans participate. Without the 

exemption, sections 406 and 407(a) of 

ERISA and section 4975(c)(1) of the 

Internal Revenue Code might prohibit a 

party in interest to a plan from 

furnishing goods or services to an 

insurance company pooled separate 

account in which the plan has an 

interest, or prohibit engaging in other 

transactions. Under the exemption, 

persons who are parties in interest to a 

plan that invests in a pooled separate 

account, such as a service provider, may 

engage in otherwise prohibited 

transactions with the separate account if 

the plan’s participation in the separate 

account does not exceed specified limits 

and other conditions are met. These 

other conditions include a requirement 

that the party in interest not be the 

insurance company, or an affiliate 

thereof, that holds the plan assets in its 

pooled separate account or other 

separate account. The terms of the 

transaction to which the exemption is 

applied must be at least as favorable to 

the pooled separate account as those 

that would be obtained in a separate 

arms-length transaction with an 

unrelated party, and the insurance 

company must maintain records of any 

transaction to which the exemption 

applies for a period of six years. This 

ICR covers this recordkeeping 

requirement. 

The Department previously submitted 

this information collection to the Office 

of Management and Budget (OMB) in an 

ICR that was approved under the OMB 

Control Number 1210–0083. The current 

approval is scheduled to expire on 

August 31, 2009. 

II. Desired Focus of Comments 

The 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 


rmajette on PRODPC74 with NOTICES
17990 Federal Register / Vol. 74, No. 74 / Monday, April 20, 2009 / Notices 

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 submission 

of responses. 

III. Current Action 

This notice requests comments on the 

proposed extension of the ICR included 

in PTE 90–1. The Department is not 

proposing or implementing changes to 

the existing ICR at this time. The 

following summarizes the ICR and the 

current burden estimates: 

Type of Review: Extension of a 

currently approved collection of 

information. 

Agency: Employee Benefits Security 

Administration, Department of Labor. 

Title: PTE 90–1—Pooled Separate 

Accounts. 

OMB Number: 1210–0083. 

Affected Public: Individuals or 

households; Business or other for-profit; 

Not-for-profit institutions. 

Respondents: 70. 

Frequency of Response: On occasion. 

Responses: 70. 

Estimated Total Burden Hours: 120. 

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. 

Dated: April 13, 2009. 

Joseph S. Piacentini, 

Director, Office of Policy and Research, 

Employee Benefits Security Administration. 

[FR Doc. E9–8905 Filed 4–17–09; 8:45 am] 

BILLING CODE 4510–29–P 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

Proposed Extension of Information 

Collection; Comment Request; 

Prohibited Transaction Class 

Exemption 94–20, Foreign Exchange 

Transactions 

AGENCY: Employee Benefit Security 

Administration. 

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 

the Department can properly assess the 

impact of its information collection 

requirements on respondents and 

minimize the reporting burden (time 

and financial resources) on the public 

and that the public can understand the 

Department’s collection instruments 

and provide the requested data in the 

desired format. Currently, the Employee 

Benefits Security Administration 

(EBSA) is soliciting comments on the 

proposed extension of the information 

collection provisions of Prohibited 

Transaction Class Exemption (PTE) 94– 

20, Foreign Exchange Transactions. A 

copy of the information collection 

request (ICR) may be obtained by 

contacting the office listed in the 

ADDRESSES section of this notice. 

DATES: Written comments must be 

submitted to the office shown in the 

ADDRESSES section below on or before 

June 19, 2009. 

ADDRESSES: Direct all written comments 

to G. Christopher Cosby, Office of Policy 

and Research, Employee Benefits 

Security Administration, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Room N–5718, 

Washington, DC 20210, (202) 693–8410, 

FAX (202) 219–4745 (the foregoing are 

not toll-free numbers). Comments may 

also be submitted electronically to the 

following Internet e-mail address: 

ebsa.opr@dol.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

PTE 94–20 permits the purchase and 

sale of foreign currencies between an 

employee benefit plan and a bank, 

broker-dealer, or an affiliate thereof, that 

is a trustee, custodian, fiduciary, or 

other party in interest with respect to 

the plan. The exemption is available 

provided that the transaction is directed 

(within the meaning of section IV(e) of 

the exemption) by a plan fiduciary that 

is independent of the bank, brokerdealer, or affiliate and all other 

conditions of the exemption are 

satisfied. Without this exemption, 

certain aspects of these transactions 

might be prohibited by section 406(a) of 

ERISA. To protect the interests of 

participants and beneficiaries of the 

employee benefit plan, the exemption 

requires that the party wishing to take 

advantage of the exemption (1) Develop 

written policies and procedures 

applicable to trading in foreign 

currencies on behalf of an employee 

benefit plan; (2) provide a written 

confirmation with respect to each 

transaction in foreign currency to the 

independent plan fiduciary, disclosing 

specified information; and (3) maintain 

records pertaining to the transaction for 

a period of six years. This ICR relates to 

the foregoing disclosure and 

recordkeeping requirements. 

EBSA previously submitted the 

information collection provisions of 

PTE 94–20 to the Office of Management 

and Budget (OMB) for review in 

connection with promulgation of the 

prohibited transaction exemption. OMB 

approved the information collection 

request (ICR) under OMB Control No. 

1210–0085. The ICR approval is 

currently scheduled to expire on August 

31, 2009. 

II. Desired Focus of Comments 

The 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., by permitting electronic submission 

of responses. 

III. Current Action 

This notice requests comments on the 

extension of the ICR included in PTE 

94–20. The Department is not proposing 

or implementing changes to the existing 

ICR at this time. The following 

summarizes the ICR and the current 

burden estimates: 

Type of Review: Extension of a 

currently approved collection of 

information. 

Agency: Employee Benefits Security 

Administration, Department of Labor. 

Titles: Foreign Exchange 

Transactions; PTCE 94–20. 

OMB Number: 1210–0085. 

Affected Public: Individuals or 

households; Business or other for-profit; 

Not-for-profit institutions. 

Respondents: 239. 

Frequency of Response: On occasion. 

Responses: 1,195. 

Estimated Total Burden Hours: 200. 

Comments submitted in response to 

this notice will be summarized and/or 


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