[Federal Register Volume 74, Number 17 (Wednesday, January 28, 2009)]
[Notices]
[Pages 4980-4981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1787]


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DEPARTMENT OF LABOR

Employee Benefits Security Administration


Proposed Extension of Information Collection; Comment Request 
ERISA Advisory Opinion Procedure 76-1

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) (44 U.S.C. 3506(c)(2)(A)). This helps to ensure that the data 
the Department gathers can be provided in the desired format, that the 
reporting burden on the public (time and financial resources) is 
minimized, that the public understands the Department's collection 
instruments, and that the Department can accurately assess the impact 
of collection requirements on respondents.
    Currently, the Employee Benefits Security Administration (EBSA) is 
soliciting comments concerning an extension of the information 
collection provisions incorporated in ERISA Advisory Opinion Procedure 
76-1. 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 of this notice on or before March 30, 2009.

ADDRESSES: Interested parties are invited to submit written comments 
regarding the information collection request and burden estimates to: 
G. Christopher Cosby, Office of Policy and Research, Employee Benefits 
Security Administration, U.S. Department of Labor, 200 Constitution 
Avenue, NW., Washington, DC 20210, (202) 693-8410, FAX (202) 693-4745 
(these are not toll-free numbers). Comments may also be submitted 
electronically to [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Under the Employee Retirement Income Security Act of 1974 as 
amended, (ERISA), the Secretary of Labor is responsible for 
administration and enforcement of reporting, disclosure, fiduciary, and 
other standards established for pension and welfare benefit plans. 
These responsibilities have been delegated within the Department to 
EBSA. ERISA Advisory Opinion Procedure 76-1 describes the 
administrative procedures through which the public may request a 
written interpretation of ERISA from EBSA to resolve issues arising out 
of specific actual transactions or circumstances. The procedure is 
designed to promote efficient handling of such inquiries and to 
facilitate prompt responses. The Procedure requires requesters seeking 
advisory opinions or information letters to submit certain information 
that EBSA has determined is essential for determining the nature of a 
request for interpretation and EBSA's response. EBSA has previously 
submitted the information collection provisions of Advisory Opinion 
Procedure 76-1 to the Office of Management and Budget (OMB) for review 
in an ICR and received approval from OMB under OMB Control No. 1210-
0066. The current ICR approval is scheduled to expire on May 31, 2009.

II. Desired Focus of Comments

    The Department of Labor (Department) is particularly interested in 
comments that:

[[Page 4981]]

     Evaluate whether the 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 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., by 
permitting electronic submissions of responses.

III. Current Action

    This notice requests comments on an extension of the information 
collection provisions included in ERISA Advisory Opinion Procedure 76-
1. The Department is not proposing or implementing changes to the 
existing ICR at this time. A summary of the ICR and the current burden 
estimates follows:
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: ERISA Advisory Opinion Procedure 76-1.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0066.
    Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
    Respondents: 83.
    Responses: 83.
    Estimated Total Burden Hours: 855.
    Estimated Total Burden Cost (Operating and Maintenance): $51,000.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for Office of Management and Budget 
approval of the extension of this information collection request; they 
will also become a matter of public record.

    Dated: January 22, 2009.
Joseph S. Piacentini,
Director, Office of Policy and Research, Employee Benefits Security 
Administration.
 [FR Doc. E9-1787 Filed 1-27-09; 8:45 am]
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