[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Notices]
[Pages 34879-34880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17045]
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DEPARTMENT OF LABOR
Pension and Welfare Benefits Administration
Proposed Information Collection Request; Submitted for Public
Comment and Recommendations; ERISA Procedure 76-1, Advisory Opinion
Procedure
ACTION: Notice.
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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 (PRA 95) (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 Pension and Welfare Benefits Administration is
soliciting comments concerning the proposed extension of a currently
approved collection of information, ERISA Procedure 76-1 (Advisory
Opinion Procedure). A copy of the proposed information collection
request can be obtained by contacting the employee listed below in the
contact section of this notice.
DATES: Written comments must be submitted on or before September 3,
1996. The Department of Labor 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 clarify 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
submissions of responses.
ADDRESSES: Gerald B. Lindrew, Department of Labor, Pension and Welfare
Benefits Administration, 200 Constitution Avenue, NW, Washington, DC
20210, (202) 219-7933, FAX (202) 219-4745.
SUPPLEMENTARY INFORMATION:
I. Background
ERISA Procedure 76-1, Advisory Opinion Procedure is used by plan
administrators and other individuals when requesting a legal
interpretation from the Department regarding specific facts and
circumstances (an advisory opinion). The Procedure informs individuals,
organizations, and their authorized representatives of the procedures
to be followed when requesting an advisory opinion. The procedures
promote efficient handling of these requests. The information is used
by the Department to determine the substance of the response and to
determine whether the Department's response should be in the form of an
advisory opinion or information letter. Advisory opinions and
information letters issued under this procedure help fiduciaries,
employers and other interested parties understand a particular
provision of the law and promote compliance with ERISA. Advisory
opinions are also useful to the Department as a means of clarifying
Departmental policy on certain issues.
II. Current Actions
This existing collection of information should be continued because
individuals or organizations affected directly or indirectly by ERISA
need legal interpretations from the Department as to their status under
the Act and as to the effect of certain actions and transactions.
Requests for advisory opinions are voluntary. The information is used
by the Department to determine the substance of the response and to
determine whether the Department's response should be in the form of an
advisory opinion or information letter.
Type of Review: Extension.
Agency: Pension and Welfare Benefits Administration.
Title: ERISA Procedure 76-1, Advisory Opinion Procedure.
OMB Number: 1210-0066.
Affected Public: Business or other for-profit, Not-for-profit
institutions, Individuals.
Total Respondents: 88.
Frequency: On occasion.
Total Responses: 88.
Average Time per Response: 10 hours.
Estimated Total Burden Hours: 90.
Respondents, proposed frequency of response, and annual hour
burden: The Department staff estimates that 88 applicants will submit
requests for advisory opinions in any given year. The respondents will
be plans and parties in interest to plans. This burden is not normally
incurred annually by any one plan. Based on past experience, the staff
believes that approximately 10% of the materials required to be
submitted under this procedure will be prepared by the respondents.
Respondents are expected, in 90% of cases, to contract with service
providers such as attorneys, accountants, and third-party
administrators to prepare the materials, which is considered a burden
cost and not an annual hour burden. Therefore, the Department will
recommend that 90 hours be approved as the estimated burden, in light
of the current requirements that time spent by service providers not be
included in the hourly burden estimate.
Total Burden Cost (capital/start-up): $0.00.
Total Burden Cost (operating/maintenance): $64,780.00.
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 information collection request; they will also become a
matter of public record.
[[Page 34880]]
Dated: June 27, 1996.
Gerald B. Lindrew,
Director, Pension and Welfare Benefits Administration, Office of Policy
and Legislative Analysis.
[FR Doc. 96-17045 Filed 7-2-96; 8:45 am]
BILLING CODE 4510-29-M