[Federal Register Volume 70, Number 45 (Wednesday, March 9, 2005)]
[Notices]
[Pages 11699-11700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4566]


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DEPARTMENT OF LABOR

Employee Benefits Security Administration


Proposed Extension of Information Collection Request Submitted 
for Public Comment; Consent To Receive Employee Benefit Plan Disclosure 
Electronically

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 an 
information collection request (ICR) incorporated in the Final Rules 
relating to the use of electronic communication and recordkeeping 
technologies by employee pension and welfare benefit plans (29 CFR 
2520.104b-1).
    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 May 9, 2005.

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

    The Department established a safe harbor pursuant to which all 
pension and welfare benefit plans covered by Title I of ERISA may use 
electronic media to satisfy disclosure obligations under Title I of 
ERISA (29 CFR 2520.104b-1). Employee benefit plan administrators will 
be deemed to satisfy their disclosure obligations when furnishing 
documents electronically only if a participant who does not have access 
to the employer's electronic information system in the normal course of 
his duties, or a beneficiary or other person entitled to documents, has 
affirmatively consented to receive disclosure documents. Prior to 
consenting, the participant or beneficiary must also be provided with a 
clear and conspicuous statement indicating the types of documents to 
which the consent would apply, that consent may be withdrawn at any 
time, procedures for withdrawing consent and updating necessary 
information, the right to obtain a paper copy, and any hardware and 
software requirements. In the event of a hardware or software change 
that creates a material risk that the individual will be unable to 
access or retain documents that were the subject of the initial 
consent, the individual must be provided with information concerning 
the revised hardware or software, and an opportunity to withdraw a 
prior consent.

II. Review Focus

    The Department of Labor (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; 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 (OMB) approval of this ICR 
will expire on May 31, 2005. 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.
    Comments submitted in response to this notice will be summarized 
and/or

[[Page 11700]]

included in the request for OMB approval of the information collection 
request; they will also become a matter of public record.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Consent to Receive Employee Benefit Plan Disclosure 
Electronically.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0121.
    Affected Public: Business or other for-profit; Not-for-profit 
institutions.
    Respondents: 1000.
    Responses: 1000.
    Average Response time: 2 hours.
    Estimated Total Burden Hours: 100.

    Dated: March 3, 2005.
Gerald B. Lindrew,
Deputy Director, Office of Policy and Research, Employee Benefits 
Security Administration.
[FR Doc. 05-4566 Filed 3-8-05; 8:45 am]
BILLING CODE 4510-29-P