[Federal Register Volume 64, Number 150 (Thursday, August 5, 1999)]
[Notices]
[Page 42717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20120]



[[Page 42717]]

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DEPARTMENT OF LABOR

Pension and Welfare Benefits Administration


Proposed Extension of Information Collection Request Submitted 
for Public Comment and Recommendations; ERISA Procedure 76-1, Advisory 
Opinion Procedure

AGENCY: Pension and Welfare Benefits Administration, DOL.

ACTION: Notice.

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SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, provides 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 included in ERISA Procedure 76-1, 
Advisory Opinion Procedure. A copy of the proposed information 
collection request (ICR) can be obtained by contacting the individual 
listed below in the addresses section of this notice.

DATES: Written comments must be submitted on or before October 4, 1999.

ADDRESSES: Gerald B. Lindrew, Department of Labor, Pension and Welfare 
Benefits Administration, 200 Constitution Avenue, NW, Washington, DC 
20210, (202) 219-4782, FAX (202) 219-4745 (not toll-free numbers).

SUPPLEMENTARY INFORMATION: 

I. Background

    Under the Employee Retirement Income Security Act of 1974, 29 
U.S.C. 1001 et seq. (ERISA), the Secretary of Labor has 
responsibilities for administering reporting, disclosure, fiduciary and 
other standards for pension and welfare benefit plans. ERISA Procedure 
76-1, Advisory Opinion Procedure (ERISA Procedure) sets forth the 
administrative procedures to be used by the public (e.g., plan 
administrators) when requesting a legal interpretation from the 
Department regarding specific facts and circumstances (an advisory 
opinion). The ERISA Procedure informs individuals, organizations, and 
their authorized representatives of the procedures to be followed when 
requesting an advisory opinion. The ERISA Procedure promotes efficient 
handling of these requests. The information required by the ERISA 
Procedure 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 ERISA 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. Review Focus

    The Department of Labor (Department) 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 submissions of responses.

III. Current Actions

    The Office of Management and Budget's approval of this ICR will 
expire on November 30, 1999. The existing collection of information 
should be continued because the individuals or organizations affected 
directly or indirectly by ERISA from time to time need legal 
interpretations from the Department as to their status under ERISA 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.
    Agency: Department of Labor, pension and Welfare Benefits 
Administration.
    Title: ERISA Procedure 76-1, Advisory Opinion Procedure.
    Type of Review: Extension of a currently approved collection.
    OMB Number: 1210-0066.
    Affected Public: Business or other for-profit, Not-for-profit 
institutions, Individuals or households.
    Total Respondents: 83.
    Total Responses: 83.
    Frequency of Response: On occasion.
    Average Time Per Response: 12\2/3\ hours.
    Estimated Total Burden Hours: 101 hours.
    Total Burden Cost (Operating and Maintenance): $87,883.
    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.

    Dated: July 29, 1999.
Gerald B. Lindrew,
Deputy Director, Pension and Welfare Benefits Administration, Office of 
Policy and Research.
[FR Doc. 99-20120 Filed 8-4-99; 8:45 am]
BILLING CODE 4510-29-M