Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Notices 4981 

• Evaluate whether the 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 

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 

submissions of responses. 

III. Current Action 

This notice requests comments on an 

extension of the information collection 

provisions included in ERISA Advisory 

Opinion Procedure 76–1. The 

Department is not proposing or 

implementing changes to the existing 

ICR at this time. A summary of the ICR 

and the current burden estimates 

follows: 

Agency: Employee Benefits Security 

Administration, Department of Labor. 

Title: ERISA Advisory Opinion 

Procedure 76–1. 

Type of Review: Extension of a 

currently approved collection of 

information. 

OMB Number: 1210–0066. 

Affected Public: Individuals or 

households; Business or other for-profit; 

Not-for-profit institutions. 

Respondents: 83. 

Responses: 83. 

Estimated Total Burden Hours: 855. 

Estimated Total Burden Cost 

(Operating and Maintenance): $51,000. 

Comments submitted in response to 

this notice will be summarized and/or 

included in the request for Office of 

Management and Budget approval of the 

extension of this information collection 

request; they will also become a matter 

of public record. 

Dated: January 22, 2009. 

Joseph S. Piacentini, 

Director, Office of Policy and Research, 

Employee Benefits Security Administration. 

[FR Doc. E9–1787 Filed 1–27–09; 8:45 am] 

BILLING CODE 4510–29–P 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

Proposed Extension of Information 

Collection; Comment Request; 

Regulation Regarding Participant 

Directed Individual Account Plans 

Under ERISA 404(c) 

ACTION: Notice. 

SUMMARY: The Department of Labor (the 

Department), 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) (44 U.S.C. 3506(c)(2)(A)). 

This helps to ensure that the data the 

Department gathers can be provided in 

the desired format, that the reporting 

burden on the public (time and financial 

resources) is minimized, that the public 

understands the Department’s collection 

instruments, and that the Department 

can accurately assess the impact of 

collection requirements on respondents. 

Currently, the Employee Benefits 

Security Administration (EBSA) is 

soliciting comments concerning an 

extension of the information collections 

in regulation section 2550.404c–1, 

pertaining to participant-directed 

individual account plans under section 

404(c) of the Employee Retirement 

Income Security Act of 1974 (ERISA). 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 on or before March 30, 2009. 

ADDRESSES: Direct all written comments 

regarding the information collection 

request and burden estimates to G. 

Christopher Cosby, Office of Policy and 

Research, Employee Benefits Security 

Administration, U.S. Department of 

Labor, 200 Constitution Avenue, NW., 

Room N–5647, Washington, DC 20210. 

Telephone: (202) 693–8410; Fax: (202) 

219–4745. These 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 

Section 404(c) of ERISA provides that, 

if an individual account pension plan 

permits a participant or beneficiary to 

exercise control over assets in his or her 

account and the participant or 

beneficiary in fact exercises such 

control, the participant or beneficiary 

shall not be deemed to be a fiduciary by 

such exercise of control and no person 

otherwise a fiduciary shall be liable for 

any loss or breach that results from the 

participant’s or beneficiary’s exercise of 

control. 

The Department’s regulation at 29 

CFR 2550.404c–1 describes the 

circumstances in which a participant or 

beneficiary will be considered to have 

exercised independent control over the 

assets in his or her individual account 

as contemplated in section 404(c). The 

regulation specifies information that 

must be made available to participants 

or beneficiaries in order for them to 

exercise independent control over the 

assets in their individual accounts. The 

regulation provides that the relief from 

fiduciary liability specified in section 

404(c) is not available with respect to a 

transaction undertaken by a participant 

or beneficiary unless the specific 

information is provided to the 

participant or beneficiary. EBSA 

submitted the information collection 

provisions in the regulation to the Office 

of Management and Budget (OMB) for 

review in an information collection 

request (ICR) in connection with 

promulgation of the final rulemaking, 

and OMB approved the ICR under OMB 

Control No. 1210–0090. The ICR 

approval is scheduled to expire on 

March 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 an 

extension of the information collections 


sroberts on PROD1PC70 with NOTICES
4982 Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Notices 

included in regulation section 

2550.404c–1, which sets requirements 

for fiduciary relief pertaining to 

participant-directed individual account 

plans under section 404(c) of ERISA. 

The Department is not proposing or 

implementing changes to the existing 

ICR at this time. A summary of the ICR 

and the current burden estimates 

follows: 

Type of Review: Extension of a 

currently approved collection of 

information. 

Agency: Employee Benefits Security 

Administration, Department of Labor. 

Title: Regulation Regarding 

Participant Directed Individual Account 

Plans (ERISA section 404(c) Plans). 

OMB Number: 1210–0090. 

Affected Public: Individuals or 

households; Business or other for-profit; 

Not-for-profit institutions. 

Respondents: 245,000. 

Frequency of Response: On occasion. 

Responses: 30,164,000. 

Estimated Total Burden Hours: 

860,000. 

Total Burden Cost (Operating and 

Maintenance): $33,020,000. 

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: January 22, 2009. 

Joseph S. Piacentini, 

Director, Office of Policy and Research, 

Employee Benefits Security Administration. 

[FR Doc. E9–1788 Filed 1–27–09; 8:45 am] 

BILLING CODE 4510–29–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Notice of a Change in Status of an 

Extended Benefit (EB) Period for 

Alaska 

AGENCY: Employment and Training 

Administration, Labor. 

ACTION: Notice. 

SUMMARY: This notice announces a 

change in benefit period eligibility 

under the EB Program for Alaska. 

The following change has occurred 

since the publication of the last notice 

regarding the State’s EB status: 

• As of January 10, 2009, Alaska has 

completed a mandatory 13-week ‘‘off’’ 

trigger period. Based on data reported 

by the Bureau of Labor Statistics on 

December 19, 2008, Alaska’s 3-month 

seasonally adjusted total unemployment 

rate was 7.1 percent and equals or 

exceeds 110 percent of the 

corresponding rate in both prior years. 

This causes Alaska to be triggered ‘‘on’’ 

to an EB period beginning January 25, 

2009. 

Information for Claimants 

The duration of benefits payable in 

the EB Program, and the terms and 

conditions on which they are payable, 

are governed by the Federal-State 

Extended Unemployment Compensation 

Act of 1970, as amended, and the 

operating instructions issued to the 

states by the U.S. Department of Labor. 

In the case of a state beginning an EB 

period, the State Workforce Agency will 

furnish a written notice of potential 

entitlement to each individual who has 

exhausted all rights to regular benefits 

and is potentially eligible for EB (20 

CFR 615.13(c)(1)). 

Persons who believe they may be 

entitled to EB, or who wish to inquire 

about their rights under the program, 

should contact their State Workforce 

Agency. 

FOR FURTHER INFORMATION CONTACT: 

Scott Gibbons, U.S. Department of 

Labor, Employment and Training 

Administration, Office of Workforce 

Security, 200 Constitution Avenue, 

NW., Frances Perkins Bldg. Room S– 

4231, Washington, DC 20210, telephone 

number (202) 693–3008 (this is not a 

toll-free number) or by e-mail: 

gibbons.scott@dol.gov. 

Signed in Washington, DC, this 22nd day 

of January 2009. 

Douglas F. Small, 

Deputy Assistant Secretary of Labor for 

Employment and Training. 

[FR Doc. E9–1756 Filed 1–27–09; 8:45 am] 

BILLING CODE 4510–FW–P 

NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION 

Agency Information Collection 

Activities: Proposed Collection; 

Comment Request 

AGENCY: National Archives and Records 

Administration (NARA). 

ACTION: Notice. 

SUMMARY: NARA is giving public notice 

that the agency proposes to request 

extension of a currently approved 

information collection used for quoted 

reproduction orders for various types of 

records found in their holdings. These 

include, but are not limited to, WW1 

Draft Registration Cards, Prison Records, 

and Naturalization Records. The public 

is invited to comment on the proposed 

information collection pursuant to the 

Paperwork Reduction Act of 1995. 

DATES: Written comments must be 

received on or before March 30, 2009 to 

be assured of consideration. 

ADDRESSES: Comments should be sent 

to: Paperwork Reduction Act Comments 

(NHP), Room 4400, National Archives 

and Records Administration, 8601 

Adelphi Rd., College Park, MD 20740– 

6001; or faxed to 301–713–7409; or 

electronically mailed to 

tamee.fechhelm@nara.gov. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the proposed information 

collection and supporting statement 

should be directed to Tamee Fechhelm 

at telephone number 301–837–1694, or 

fax number 301–713–7409. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the Paperwork Reduction Act of 1995 

(Pub. L. 104–13), NARA invites the 

general public and other Federal 

agencies to comment on proposed 

information collections. The comments 

and suggestions should address one or 

more of the following points: (a) 

Whether the proposed information 

collection is necessary for the proper 

performance of the functions of NARA; 

(b) the accuracy of NARA’s estimate of 

the burden of the proposed information 

collection; (c) ways to enhance the 

quality, utility, and clarity of the 

information to be collected; and (d) 

ways, including the use of information 

technology, to minimize the burden of 

the collection of information on all 

respondents; and (e) whether small 

businesses are affected by this 

collection. The comments that are 

submitted will be summarized and 

included in the NARA request for Office 

of Management and Budget (OMB) 

approval. All comments will become a 

matter of public record. In this notice, 

NARA is soliciting comments 

concerning the following information 

collection: 

Title: Online Reproduction Orders for 

National Archives Records. 

OMB number: 3095–0064. 

Agency form number: N/A. 

Type of review: Regular. 

Affected public: Individuals or 

households. 

Estimated number of respondents: 

136,572. 

Estimated time per response: 10 

minutes. 

Frequency of response: On occasion. 

Estimated total annual burden hours: 

22,762 hours. 

Abstract: NARA’s Internet-based 

ordering system (Order Online!), has 

made accessible online certain 

reproduction order forms (replicas of 

the NATF Series 80 Forms and the 

NATF 36). Also available are custom 


sroberts on PROD1PC70 with NOTICES