[Federal Register Volume 69, Number 216 (Tuesday, November 9, 2004)]
[Notices]
[Pages 65020-65021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24876]


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DEPARTMENT OF THE TREASURY

Internal Revenue Service


Proposed Collection; Comment Request for Notice 98-52 and REG-
108639-99

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice and request for comments.

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SUMMARY: The Department of the Treasury, as part of its continuing 
effort to reduce paperwork and respondent burden, invites the general 
public and other Federal agencies to take this opportunity to comment 
on proposed and/or continuing information collections, as required by 
the Paperwork Reduction Act of 1995, Pub. L. 104-13 (44 U.S.C. 
3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning 
Notice 98-52, Cash or Deferred Arrangements; Nondiscrimination, and 
existing notice of proposed rulemaking, REG-108639-99, Retirement 
Plans; Cash or Deferred Arrangements Under Section 401(k) and Matching 
Contributions or Employee Contributions Under Section 401(m) 
(Sec. Sec.  1.401(k)-3(d) and 1.401(m)-3(e)).

[[Page 65021]]


DATES: Written comments should be received on or before January 10, 
2005, to be assured of consideration.

ADDRESSES: Direct all written comments to R. Joseph Durbala, Internal 
Revenue Service, room 6516, 1111 Constitution Avenue, NW., Washington, 
DC 20224.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the notice and regulation should be directed to Carol Savage 
at Internal Revenue Service, room 6516, 1111 Constitution Avenue, NW., 
Washington, DC 20224, or at (202) 622-3945, or through the Internet at 
[email protected].

SUPPLEMENTARY INFORMATION:
    Title: Cash or Deferred Arrangements; Nondiscrimination (Notice 98-
52), Retirement Plans; Cash or Deferred Arrangements Under Section 
401(k) and Matching Contributions or Employee Contributions Under 
Section 401(m) (REG-108639-9).
    OMB Number: 1545-1624.
    Notice Number: Notice 98-52.
    Regulation Project Number: REG-108639-99.
    Abstract: This notice provides guidance to plan administrators, 
plan sponsors, etc., regarding nondiscriminatory safe harbors with 
respect to Internal Revenue Code sections 401(k)(12) and 401(m)(11), as 
amended by the Small Business Job Protection Act of 1996. The safe 
harbor provisions pertain to the actual deferral percentage test and 
the actual contribution percentage test for cash or deferred 
arrangements and for defined contribution plans. To take advantage of 
the safe harbor provisions, plan sponsors must amend their plans to 
reflect the new law and must provide plan participants with an annual 
notice describing the benefits available under the plan.
    Current Actions: There are no changes being made to the notice at 
this time.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Business or other for-profit organizations, and 
not-for-profit institutions.
    Estimated Number of Respondents: 60,000.
    Estimated Time Per Respondent: 1 hour, 20 minutes.
    Estimated Total Annual Burden Hours: 80,000.
    The following paragraph applies to all of the collections of 
information covered by this notice:
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless the collection of 
information displays a valid OMB control number. Books or records 
relating to a collection of information must be retained as long as 
their contents may become material in the administration of any 
internal revenue law. Generally, tax returns and tax return information 
are confidential, as required by 26 U.S.C. 6103.
    Request for Comments: Comments submitted in response to this notice 
will be summarized and/or included in the request for OMB approval. All 
comments will become a matter of public record. Comments are invited 
on: (a) Whether the collection of information is necessary for the 
proper performance of the functions of the agency, including whether 
the information shall have practical utility; (b) the accuracy of the 
agency's estimate of the burden of the collection of information; (c) 
ways to enhance the quality, utility, and clarity of the information to 
be collected; (d) ways to minimize the burden of the collection of 
information on respondents, including through the use of automated 
collection techniques or other forms of information technology; and (e) 
estimates of capital or start-up costs and costs of operation, 
maintenance, and purchase of services to provide information.

    Approved: November 2, 2004.
R. Joseph Durbala,
IRS Reports Clearance Officer.
[FR Doc. 04-24876 Filed 11-8-04; 8:45 am]
BILLING CODE 4830-01-P