[Federal Register Volume 70, Number 155 (Friday, August 12, 2005)]
[Notices]
[Page 47235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16028]


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DEPARTMENT OF LABOR

Employee Benefits Security 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: In accordance with the Paperwork Reduction Act of 1995 (PRA 
95) (44 U.S.C. 3506(c)(2)(A)), the Department of Labor (the Department) 
conducts a preclearance consultation program so that the general public 
and other federal agencies can comment on proposed and continuing 
collections of information. This program helps to ensure that the data 
the Department gathers arrive in the desired format, that the reporting 
burden on the public (time and financial resources) is minimized, that 
the public understands the collection instruments, and that the 
Department can accurately assess the impact of collection requirements 
on respondents.
    By this notice, the Department is soliciting comments on the 
information collection provisions of regulations pertaining to section 
104(a)(6) of the Employee Retirement Income Security Act of 1974, as 
amended (ERISA). The statute and the regulatory provisions codified at 
29 CFR 2520.104a-8 require the administrator of an employee benefit 
plan subject to part 1 of Title I of ERISA 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 October 11, 2005.

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, Employee Benefits Security 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. The new section 104(a)(6) authorizes the Department to 
request these documents on behalf of plan participants and 
beneficiaries. The Department issued a final implementing guidance on 
this matter on January 7, 2002 (67 FR 772). The ICR relating document 
requests was approved following publication of the proposed rule on 
August 5, 1999 (64 FR 42797). This approval will expire on December 31, 
2005.

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 Employee Benefits Security Administration is requesting an 
extension of the currently approved ICR for the 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 to the 
existing ICR. A summary of the ICR and the current burden estimates 
follows:
    Type of Review: Extension of a currently approved collection.
    Agency: Department of Labor, Employee Benefits Security. 
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 institutions; not-for-profit institutions.
    Total Respondents: 1,000.
    Total Responses: 1,000.
    Estimated Total Burden Hours: 95.
    Estimated Annual Burden Cost: $4,000.
    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: August 5, 2005.
Gerald B. Lindrew,
Deputy Director, Office of Policy and Research, Employee Benefits 
Security Administration.
[FR Doc. 05-16028 Filed 8-11-05; 8:45 am]
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