[Federal Register Volume 67, Number 127 (Tuesday, July 2, 2002)]
[Notices]
[Page 44474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16598]


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DEPARTMENT OF LABOR

Pension and Welfare Benefits Administration


Proposed Extension of Information Collection Request Submitted 
for Public Comment; Furnishing Documents to the Secretary of Labor on 
Request Under ERISA Section 104(a)(6)

ACTION: Notice.

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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 
other 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 program 
helps to ensure that requested data is 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.
    By this notice, the Department is soliciting comments concerning 
the information collection provisions of regulations pertaining to 
section 104(a)(6) of the Employee Retirement Income Security Act of 
1974, as amended (ERISA). Under the statute, and regulatory provisions 
codified at 29 CFR 2520.104a-8, the administrator of an employee 
benefit plan subject to part 1 of Title I of ERISA is required to 
furnish the Secretary of Labor with certain documents relating to the 
plan upon request. A copy of the information collection request (ICR) 
can be obtained by contacting the office shown in the addresses section 
of this notice.

DATES: Written comments must be submitted to the office shown in the 
addresses section on or before September 3, 2002.

ADDRESSES: Interested parties are invited to submit written comments 
regarding the information collection request and burden estimates to: 
Gerald B. Lindrew, Office of Policy and Research, U.S. Department of 
Labor, Pension and Welfare Benefits 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.

SUPPLEMENTARY INFORMATION:

I. Background

    The Taxpayer Relief Act of 1997 (TRA 97) eliminated the ERISA 
requirement that employee benefit plan administrators file with the 
Department copies of the summary plan descriptions and summaries of 
material modifications that are required to be furnished to plan 
participants and beneficiaries. TRA 97 added paragraph (6) to section 
104(a) of ERISA which provides that the administrator of any employee 
benefit plan subject to Part 1 of Title I of ERISA is required to 
furnish to the Secretary of Labor, on request, any documents related to 
the employee benefit plan. Prior to the TRA 97 amendments, ERISA 
provided that certain documents be filed with the Department of Labor 
to ensure that plan participants and beneficiaries would have a means 
to obtain the documents without requesting them from the plan 
administrator. With the elimination of the filing requirement, the new 
section 104(a)(6) provision authorizes the Department to obtain 
documents on behalf of plan participants and beneficiaries. The 
Department issued final implementing guidance with respect to the 
requirement to provide these documents on January 7, 2002 (67 FR 772). 
The ICR relating to responding to these requests was approved following 
publication of the proposed rule on August 5, 1999 (64 FR 42797). This 
approval will expire on October 31, 2002.

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;
     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.

III. Current Actions

    The Pension and Welfare Benefits Administration is requesting an 
extension of the currently approved ICR pertaining to Furnishing 
Documents to the Secretary of Labor under ERISA section 104(a)(6). The 
Department is not proposing or implementing changes to the regulation 
or the existing ICR at this time. A summary of the ICR and current 
burden estimates follows:
    Type of Review: Extension of a currently approved collection.
    Agency: Department of Labor, Pension and Welfare Benefits 
Administration.
    Title: Furnishing Documents to the Secretary of Labor on Request 
under ERISA.
    OMB Number: 1210-0112.
    Frequency: On occasion.
    Affected Public: Individuals or households; business or other for-
profit; Not-for-profit institutions.
    Total Respondents: 1,000.
    Total Responses: 1,000.
    Estimated Total Burden Hours: 95.
    Estimated Total Burden Cost: $4,100.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for OMB approval of the ICR; they will 
also become a matter of public record.

    Dated: June 26, 2002.
Gerald B. Lindrew,
Deputy Director, Office of Policy and Research, Pension and Welfare 
Benefits Administration.
[FR Doc. 02-16598 Filed 7-1-02; 8:45 am]
BILLING CODE 4510-29-P