28202 Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Notices

is intended to ensure that the terms of

the transaction are made public and are

at least as favorable to the plan as an

arms-length transaction with an

unrelated party. Individual agreements

are not required for each transaction; the

agreement may be made in the form of

a master agreement covering a series of

transactions.

Without the audited statement of the

borrower’s financial condition and a

written agreement, the Department,

which may only grant an exemption if

it can find that participants and

beneficiaries are protected, would be

unable to effectively enforce the terms

of the class exemption and ensure user

compliance.

Type of Review: Extension of a

currently approved collection.

Agency: Pension and Welfare Benefits

Administration (PWBA).

Title: Regulation relating to Loans to

Plan Participants and Beneficiaries who

are Parties in Interest with Respect to

the Plan.

OMB Number: 1210–0076.

Affected Public: Business or other forprofit; Not-for-profit institutions; and

Individuals or households.

Frequency: On occasion.

Number of Respondents: 1,310.

Number of Annual Responses: 1,310.

Estimated Time Per Response: 0.

Total Burden Hours: 0.

Total Annualized Capital/Startup

Costs: 0.

Total Annual Costs (operating/

maintaining systems or purchasing

services): $283,000.

Description: In this regulation (29 CFR

2550.408b–1) the Department sets out

the terms of ERISA section 408(b)(1)

under which loans from a plan to

participants and beneficiaries who are

parties in interest are permitted. ERISA

section 408(b)(1)(C) requires that loans

from a plan to participants and

beneficiaries be made in accordance

with ‘‘specific provisions’’ set forth in

the plan. This regulation proscribes

eight specific provisions that must be

included in the plan documents.

Because 402(a)(1) of ERISA requires that

every employee benefit be in writing,

these eight specific provisions must also

be in writing. The plan document is the

legal statement of the plan provisions

and governs all plan operations.

The disclosure requirement

incorporated within this regulation is

intended to ensure that loan programs

are operated impartially.

Type of Review: Extension of a

currently approved collection.

Agency: Pension and Welfare Benefits

Administration (PWBA).

Title: Prohibited Transaction Class

Exemption 85–68 to Permit Employee

Benefit Plans to Invest in Customer

Notes of Employers.

OMB Number: 1210–0094.

Affected Public: Business or other forprofit; Not-for-profit institutions; and

Individuals or households.

Frequency: On occasion.

Number of Respondents: 120.

Number of Annual Responses: 960.

Estimated Time Per Response: 1 hour.

Total Burden Hours: 960.

Total Annualized Capital/Startup

Costs: $0.

Total Annual Costs (operating/

maintaining systems or purchasing

services): $0.

Description: Prohibited Transaction

Class Exemption 85–68 exempts from

the prohibited transaction restrictions of

ERISA the investment by employee

benefits plan in customer notes

accepted by an employer of employees

covered by the plan in the ordinary

course of the employer’s primary

business activity.

The class exemption contains a

recordkeeping requirement. Plans are

required to maintain for six years from

the date of the transaction the records

necessary to enable interested parties,

including the Department, to determine

whether the conditions of the

exemption are being met.

Without the records, the Department,

which may only grant an exemption if

it can find that participants and

beneficiaries are protected, would be

unable to effectively enforce the terms

of the class exemption and ensure user

compliance.

Ira L. Mills,

Departmental Clearance Officer.

[FR Doc. 01–12843 Filed 5–21–01; 8:45 am]

BILLING CODE 4510–29–M

DEPARTMENT OF LABOR

Office of the Secretary

Submission for OMB Review;

Comment Request

April 26, 2001.

The Department of Labor (DOL) has

submitted the following public

information collection requests (ICRs) to

the Office of Management and Budget

(OMB) for review and approval in

accordance with the Paperwork

Reduction Act of 1995 (Pub. L. 104–13,

44 U.S.C. Chapter 35). A copy of each

individual ICR, with applicable

supporting documentation, may be

obtained by calling the Department of

Labor. To obtain documentation for

BLS, ESA, and PWBA contact Marlene

Howze ((202) 219–8904 or by email to

Howze-Marlene@dol.gov). To obtain

documentation for ETA, MSHA, OSHA,

and VETS contact Darrin King ((202)

693–4129 or by E-Mail to KingDarrin@dol.gov).

Comments should be sent to Office of

Information and Regulatory Affairs,

Attn: OMB Desk Officer for FLS, DM,

ESA, ETA, MSHA, OSHA, PWBA, or

VETS, Office of Management and

Budget, Room 10235, Washington, DC

20503 ((202) 395–7316), within 30 days

from the date of this publication in the

Federal Register.

The OBM is particularly interested in

comments which:

∑ 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: Pension and Welfare Benefits

Administration.

Title: Prohibited Transaction Class

Exemption 82–63, Compensation to

fiduciaries for securities lending

services to an employee benefit plan.

Type of Review: Extension of a

currently approved collection.

OMB Number: 1210–0062.

Affected Public: Individuals or

households; Business or other for-profit;

Not-for-profit institutions.

Frequency of Response: On occasion.

Total Respondents: 42,000.

Total Responses: 126,000.

Total Estimated Burden Hours: 3,500

hours.

Total Annualized Capital/Startup

Costs: $0.

Total Annual Cost (Operating and

Maintenance): $0.

Description: PTE 82–63 allows certain

compensation arrangements to be made

for the provision by a fiduciary of

securities lending services to an

employee benefit plan, if the conditions

specified in the exemption are met. In

the absence of this exemption, certain

aspects of these transactions might be

prohibited by section 406 of the

Employee Retirement Income Security

Act. The class exemption has two basic

Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Notices 28203

information collection requirements.

The first requirement is that the

compensation be paid in accordance

with a written instrument authorized by

a non-lending fiduciary, and the second

is that the lending fiduciary furnish the

authorizing fiduciary with information

needed for the authorizing fiduciary to

determine whether the compensation

arrangement should be made or

renewed.

Agency: Pension and Welfare Benefits

Administration.

Title: Prohibited Transaction Class

Exemption 91–55, Purchases and Sales

of American Eagle Coins.

Type of Review: Extension of a

currently approved collection.

OMB Number: 1210–0079.

Record-keeping: Six years.

Affected Public: Individuals or

households; Business or other for-profit;

Not-for-profit institutions.

Frequency of Response: On occasion.

Total Respondents: 3.

Total Responses: 55,000.

Total Estimated Burden Hours: 2,384

hours.

Total Annualized Capital/Startup

Costs: $0.

Total Annual Cost (Operating and

Maintenance): $0.

Description: Prohibited Transaction

Class Exemption 91–55 permits the

purchase and sale of American Eagle

Coins between individual retirement

accounts (IRA) and authorized

purchasers from the United States Mint

that also are ‘‘disqualified persons’’

within the meaning of Code section

4975(e)(2), with respect to IRAs. The

exemption also describes the

circumstances under which an interestfree extension of credit in connection

with such sales and purchases is

permitted. In the absence of an

exemption, such purchases and sales

and extensions of credit would be

impermissible under the Employee

Retirement Income Security Act of 1974

(ERISA). The information collection

request includes: record keeping;

issuing a confirmation statement after

each transaction; and disclosing to the

person directing the covered transaction

certain information about transactions

in Coins.

Ira L. Mills,

Departmental Clearance Officer.

[FR Doc. 01–12844 Filed 5–21–01; 8:45 am]

BILLING CODE 4510–29–M

DEPARTMENT OF LABOR

Employment And Training

Administration

Trade Adjustment Assistance

Program; Designation of Certifying

Officers

AGENCY: Employment and Training

Administration, Labor.

ACTION: Notice of designation of

certifying officers.

SUMMARY: The trade adjustment

assistance program operates under the

Trade Act of 1974 to furnish program

benefits to domestic workers adversely

affected in their employment by imports

of articles which are like or are directly

competitive with articles produced by

the firm employing the workers. The

North American Free Trade AgreementTransitional Adjustment Assistance

amended the Trade Act of 1974 to

provide assistance to workers impacted

by a shift in production from the

workers’ firm to Mexico or Canada, or

increased company or customer imports

from Mexico or Canada of articles like

or directly competitive with those

produced by the workers’ firm. Workers

become eligible for program benefits

only if the worker group is certified

under the Act as eligible to apply for

adjustment assistance. From time to

time the agency issues an Order

designating officials of the agency

authorized to act as certifying officers.

Employment and Training Order No. 1–

01, was issued to revise the listing of

officials designated as certifying

officers, superseding the previous

Order. Employment and Training Order

No. 1–01, is published below.

Signed at Washington, D.C., this 10th day

of May 2001.

Raymond J. Uhalde,

Deputy Assistant Secretary of Labor,

Employment and Training Administration.

[FR Doc. 01–12820 Filed 5–21–01; 8:45 am]

BILLING CODE 4510–30–M

DEPARTMENT OF LABOR

Employment Standards Administration

Proposed Collection; Comment

Request

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/or continuing collections of

information in accordance with the

Paperwork Reduction Act of 1995

(PRA95) (44 U.S.C. 3506(c)(2)(A)). This

program helps to ensure that requested

data can be provided in the desired

format, reporting burden (time and

financial resources) is minimized,

collection instruments are clearly

understood, and the impact of collection

requirements on respondents can be

properly assessed. Currently, the

Employment Standards Administration

is soliciting comments concerning the

proposed revision collection of the

following information collection:

Operator Controversion (CM–970),

Operator Response (CM–970A),

Operator Response to Schedule for

Submission of Additional Evidence

(CM–2970), and Operator Response to

Notice of Claim (CM–2870A).

DATES: Written comments must be

submitted to the office listed in the

addressee section below by July 23,

2001.

ADDRESSES: Ms. Patricia A. Forkel, U.S.

Department of Labor, 200 Constitution

Ave., NW., Room S–3201, Washington,

DC 20210, telephone (202) 693–0339

(this is not a toll-free number), fax (202)

693–1451.

SUPPLEMENTARY INFORMATION:

I. Background

The Division of Coal Mine Workers’

Compensation administers the Black

Lung Benefits Act (30 U.S.C. 901 et

seq.,) which provides benefits to coal

miners totally disabled due to

pneumoniosis, and their surviving

dependents. When the Division of Coal

Mine Workers’ Compensation (DCMWC)

makes an initial finding that an

applicant is eligible for benefits, and, if

a coal mine operator has been identified

as potentially liable for payment of

those benefits, the responsible operator

is notified of the initial finding. The

CM–970 gives the operator an

opportunity to controvert the liability.

The CM–970 is used for all claims filed

before January 19, 2001. Regulations

require that a coal mine operator be

identified and notified of potential

liability as early in the adjudication

process as possible. The CM–970A is

sent to the operator with the Notice of

Claim notifying the operator of potential

liability of payment for benefits. The

CM–970A gives the operator an

opportunity to agree or disagree with

the identification. The CM–970A is be

used for all claims filed before January

19, 2001. The CM–2970 and 2970A

serve the same purposes as the CM–970

and 970A, will be used for all claims

filed after January 19, 2001. Regulatory