[Federal Register Volume 69, Number 38 (Thursday, February 26, 2004)]
[Notices]
[Pages 8989-8990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4246]


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DEPARTMENT OF LABOR

Employee Benefits Security Administration


Proposed Extension of Information Collection Request Submitted 
for Public Comment; Prohibited Transaction Class Exemption 91-55--
Transactions Between Individual Retirement Accounts and Authorized 
Purchasers of American Eagle Coins

AGENCY: Employee Benefits Security Administration, Department of Labor.

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 continuing collections 
of information in accordance with the Paperwork Reduction Act of 1995 
(PRA 95). 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 Employee Benefits Security 
Administration is soliciting comments on the proposed extension of 
Prohibited Transaction Class Exemption 91-55, pertaining to 
transactions between individual retirement accounts and authorized 
purchasers of American Eagle coins.
    A copy of the information collection request (ICR) can be obtained 
by contacting the individual 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 April 26, 2004.

ADDRESSES: Gerald B. Lindrew, Department of Labor, Employee Benefits 
Security Administration, 200 Constitution Avenue NW., Washington, DC 
20210, (202) 693-8410, FAX (202) 693-4745 (these are not toll-free 
numbers).

SUPPLEMENTARY INFORMATION:

I. Background

    Prohibited Transaction Exemption 91-55 permits purchases and sales 
by certain ``individual retirement accounts,'' as defined in Internal 
Revenue Code section 408 (IRAs) of American Eagle bullion coins 
(``Coins'') in principal transactions from or to broker-dealers in 
Coins that are ``authorized purchasers'' of Coins in bulk quantities 
from the United States Mint and which are also ``disqualified 
persons,'' within the meaning of Code section 4975(e)(2), with respect 
to IRAs. The exemption also describes the circumstances under which an 
interest-free extension of credit in connection with such sales and 
purchases is permitted. In the absence of an exemption, such purchases 
and sales and extensions of credit would be impermissible under the 
Employee Retirement Income Security Act of 1974 (ERISA).
    The information collection request for this exemption includes 
three requirements. First, certain information related to covered 
transactions in Coins must be disclosed by the authorized purchaser to 
persons who direct the transaction for the IRA. Currently, it is 
standard industry practice that most of this information is provided to 
persons directing investments in an IRA when transactions in Coins 
occur. The

[[Page 8990]]

exemption also requires that the disqualified person maintain for a 
period of at least six years such records as are necessary to allow 
accredited persons, as defined in the exemption, to determine whether 
the conditions of the transaction have been met. Finally, an authorized 
purchaser must provide a confirmation statement with respect to each 
covered transaction to the person who directs the transaction for the 
IRA.
    The recordkeeping requirement facilitates the Department's ability 
to make findings under section 408 of ERISA and section 4975(c) of the 
Code. The confirmation and disclosure requirements protect a 
participant or beneficiary who invests in IRAs and transacts in Coins 
with authorized purchasers by providing the investor or the person 
directing his or her investments with timely information about the 
market in Coins and about the individual's account in particular.

II. Review Focus

    The Department of Labor (Department) is particularly interested in 
comments that:
    [sbull] 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;
    [sbull] 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;
    [sbull] Enhance the quality, utility, and clarity of the 
information to be collected; and
    [sbull] 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 (OMB) approval of this ICR 
will expire on June 30, 2004. After considering comments received in 
response to this notice, the Department intends to submit the ICR to 
OMB for continuing approval. No change to the existing ICR is proposed 
or made at this time.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Prohibited Transaction Class Exemption 91-55.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0079.
    Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
    Respondents: 2.
    Responses: 12,800.
    Frequency: On occasion.
    Estimated Total Burden Hours: 554 hours.
    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: February 20, 2004.
Gerald B. Lindrew,
Deputy Director, Office of Policy and Research, Employee Benefits 
Security Administration.
[FR Doc. 04-4246 Filed 2-25-04; 8:45 am]
BILLING CODE 4510-29-P