Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Notices 4977 

95,785 hours annual burden associated 

with this information collection. 

If additional information is required 

contact: Ms. Lynn Bryant, Department 

Clearance Officer, Policy and Planning 

Staff, Justice Management Division, 

United States Department of Justice, 

Patrick Henry Building, Suite 1600, 601 

D Street, NW., Washington, DC 20530. 

Dated: January 23, 2009. 

Lynn Bryant, 

Department Clearance Officer, PRA, United 

States Department of Justice. 

[FR Doc. E9–1814 Filed 1–27–09; 8:45 am] 

BILLING CODE 4410–02–P 

DEPARTMENT OF JUSTICE 

Office of Justice Programs 

Office of Juvenile Justice and 

Delinquency Prevention 

[OMB Number 1121–0218] 

Agency Information Collection 

Activities: Proposed Collection; 

Comments Requested 

ACTION: 30-Day Notice of Information 

Collection Under Review; Census of 

Juveniles in Residential Placement 

(Extension, without change, of a 

currently approved collection). 

The Department of Justice (DOJ), 

Office of Justice Programs, Office of 

Juvenile Justice and Delinquency 

Prevention, will be submitting the 

following information collection request 

to the Office of Management and Budget 

(OMB) for review and approval in 

accordance with the Paperwork 

Reduction Act of 1995. The proposed 

information collection is published to 

obtain comments from the public and 

affected agencies. This proposed 

information collection was previously 

published in the Federal Register on 

November 18, 2008, Volume 73, 

Number 223, Page 68449. 

Comments are encouraged and will be 

accepted for ‘‘thirty days’’ until 

February 27, 2009. This process is 

conducted in accordance with 5 CFR 

1320.10. 

If you have comments especially on 

the estimated public burden or 

associated response time, suggestions, 

or need a copy of the proposed 

information collection instrument with 

instructions or additional information, 

please contact Janet Chiancone, (202) 

353–9258, Office of Juvenile Justice and 

Delinquency Prevention, Office of 

Justice Programs, U.S. Department of 

Justice, 810 Seventh Street, NW., 

Washington, DC 20531. 

Written comments and suggestions 

from the public and affected agencies 

concerning the proposed collection of 

information are encouraged. Your 

comments should address one or more 

of the following four points: 

—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 agencies 

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. 

Overview of This Information 

Collection 

(1) Type of information collection: 

Extension of a currently approved 

collection. 

(2) The title of the form/collection: 

Census of Juveniles in Residential 

Placement. 

(3) The agency form number, if any, 

and the applicable component of the 

Department sponsoring the collection: 

The form number is CJ–14, Office of 

Juvenile Justice and Delinquency 

Prevention, United States Department of 

Justice. 

(4) Affected public who will be asked 

or required to respond, as well as a brief 

abstract: Primary: Federal Government, 

State, Local or Tribal. 

Other: Not-for-profit institutions; 

Business or other for-profit. 

(5) An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond/reply: It is estimated that 3,500 

respondents will complete a 3-hour 

questionnaire. 

(6) An estimate of the total public 

burden (in hours) associated with the 

collection: Approximately 11,550 hours. 

If additional information is required, 

contact: Lynn Bryant, Department 

Clearance Officer, United States 

Department of Justice, Justice 

Management Division, Policy and 

Planning Staff, Patrick Henry Building, 

Suite 1600, 601 D Street, NW., 

Washington, DC 20530 (phone: 202– 

514–4304). 

Dated: January 23, 2009. 

Lynn Bryant, 

Department Deputy Clearance Officer, PRA, 

United States Department of Justice. 

[FR Doc. E9–1816 Filed 1–27–09; 8:45 am] 

BILLING CODE 4410–18–P 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

Proposed Extension of Information 

Collection; Comment Request; 

Settlement Agreements Between a 

Plan and Party in Interest 

ACTION: Notice. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995 (PRA 

95) (44 U.S.C. 3506(c)(2)(A)), the 

Department of Labor (the Department) 

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. This program 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. 

By this notice, the Department is 

soliciting comments concerning the 

information collection provisions of two 

similar prohibited transaction class 

exemptions, PTE 94–71 and PTE 03–39. 

Both of these class exemptions concern 

transactions undertaken pursuant to 

settlement agreements between an 

employee benefit plan and a party in 

interest to that plan. 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 

March 30, 2009. 

ADDRESSES: Interested parties are 

invited to submit written comments 

regarding the information collection 

request and burden estimates to: G. 

Christopher Cosby, Office of Policy and 

Research, U.S. Department of Labor, 

Employee Benefits Security 

Administration, 200 Constitution 

Avenue, NW., Room N–5647, 

Washington, DC 20210. Telephone: 

(202) 693–8410; Fax: (202) 219–4745. 

These are not toll-free numbers. 


sroberts on PROD1PC70 with NOTICES
4978 Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Notices 

Comments may also be submitted 

electronically to ebsa.opr@dol.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Prohibited Transaction Class 

Exemption 94–71, entitled Class 

Exemption to Permit Certain 

Transactions Authorized Pursuant to 

Settlement Agreements Between the 

U.S. Department of Labor and Plans, 

which was published in final form on 

October 7, 1994 (59 FR 60837), exempts 

from the prohibitions of sections 406 

and 407(a) of the Employee Retirement 

Income Security Act of 1974 (ERISA) 

transactions that are specifically 

authorized by a settlement agreement 

resulting from an investigation of an 

employee benefit plan by the 

Department pursuant to the authority of 

section 504(a) of ERISA. The availability 

of the exemption is conditioned on 

providing certain notices and 

disclosures. Specifically, the person 

seeking to rely on the exemption must 

provide notice to the affected 

participants and beneficiaries, at least 

30 days prior to entering into the 

settlement agreement with the 

Department, in a manner approved by 

the Department that is reasonably 

calculated to result in actual receipt. 

The notice must include an objective 

description of the transaction, the 

approximate date on which it will 

occur, the address of the office of the 

Department that negotiated the 

settlement, and a statement apprising 

participants and beneficiaries of their 

right to provide comments to that office. 

Prohibited Transaction Class 

Exemption 03–39, entitled Class 

Exemption For Release of Claims and 

Extensions of Credit in Connection With 

Litigation, which was published in final 

form on December 31, 2003 (68 FR 

75632), exempts from the prohibitions 

of sections 406 and 407(a) of ERISA 

certain transactions engaged in by a 

plan in connection with the settlement 

of litigation. Exempted transactions 

must involve either release by the plan 

or by a plan fiduciary of a legal or 

equitable claim against a party in 

interest in exchange for consideration 

given by, or on behalf of, a party in 

interest to the plan in partial or 

complete settlement of the plan’s or the 

fiduciary’s claim, or an extension of 

credit by the plan or by a plan fiduciary 

to a party in interest in connection with 

a settlement whereby the party in 

interest agrees to repay, over time, an 

amount owed to the plan in settlement 

of a legal or equitable claim by the plan 

or a plan fiduciary against the party in 

interest. Among other conditions, the 

exemption requires that the terms of the 

settlement be specifically described in a 

written agreement or consent degree and 

that the fiduciary entering into the 

settlement on behalf of the plan 

acknowledge in writing its fiduciary 

status. The exemption also requires the 

plan to maintain, for a period of six 

years, the records necessary to enable 

specified interested person to determine 

whether the exemption’s conditions 

were met. 

Because of the similarity of these two 

exemptions, the Department submitted a 

combined ICR for the information 

collections in both exemptions to the 

Office of Management and Budget 

(OMB) for review and clearance at the 

time that PTE 03–39 was published as 

a proposal in the Federal Register 

(February 11, 2003, 68 FR 6953). The 

ICR for the information collections in 

both class exemptions was approved 

under OMB control number 1210–0091. 

The approval for the ICRs included in 

the two exemptions will expire on May 

31, 2009. 

II. Desired Focus of Comments 

The Department is particularly 

interested in comments that: 

• Evaluate whether the collections of 

information are 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 

collections 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 

The Department is requesting an 

extension of the currently approved ICR 

for Settlement Agreements Between a 

Plan and Party in Interest. The 

Department is not proposing or 

implementing changes to the two 

exemptions or to the existing ICR. 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: Settlement Agreements Between 

a Plan and Party in Interest. 

OMB Number: 1210–0091. 

Affected Public: Individuals or 

households; Business or other for-profit; 

Not-for-profit institutions. 

Respondents: 4. 

Frequency of Response: One-time. 

Responses: 1,080. 

Estimated Total Burden Hours: 28. 

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. E9–1784 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; Final 

Rule Relating to Notice of Blackout 

Periods to Participants and 

Beneficiaries 

ACTION: Notice. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995 (PRA 

95) (44 U.S.C. 3506(c)(2)(A)), the 

Department of Labor (the Department) 

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. This program 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. 

By this notice, the Department is 

soliciting comments concerning the 

information collection provisions of the 

regulation under section 101(i) of the 

Sarbanes-Oxley Act of 2002 (the SOA), 

which requires written notice to be 

provided to affected participants and 

beneficiaries of individual account 

plans of any ‘‘blackout period’’ during 

which their right to direct or diversify 

investments, obtain a loan, or obtain a 

distribution under the plan may be 

temporarily suspended. A copy of the 


sroberts on PROD1PC70 with NOTICES