[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