[Federal Register Volume 74, Number 187 (Tuesday, September 29, 2009)]
[Notices]
[Pages 49911-49912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23397]


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DEPARTMENT OF THE TREASURY

Internal Revenue Service


Proposed Collection; Comment Request for Notice 97-45

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, Public Law 104-13 (44 U.S.C. 
3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning 
Notice 97-45, Highly Compensated Employee Definition.

DATES: Written comments should be received on or before November 30, 
2009 to be assured of consideration.

ADDRESSES: Direct all written comments to R. Joseph Durbala, Internal 
Revenue Service, room 6129, 1111 Constitution Avenue, NW., Washington, 
DC 20224.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the notice should be directed to Evelyn J. Mack, at Internal 
Revenue Service, room 6129, 1111 Constitution Avenue, NW., Washington, 
DC 20224, or at (202) 622-6665, or through the Internet at 
[email protected].

SUPPLEMENTARY INFORMATION:
    Title: Highly Compensated Employee Definition.
    OMB Number: 1545-1550.
    Notice Number: Notice 97-45.
    Abstract: Notice 97-45 provides guidance on the definition of 
highly compensated employee(HCE) within the meaning of section 414(q) 
of the Internal Revenue Code, as simplified by section 1431 of the 
Small Business Job Protection Act of 1996, including an employer's 
option to make a top-paid group election under section 
414(q)(1)(B)(ii). The notice requires qualified retirement plans that 
contain a definition of HCE to be amended to reflect the statutory 
changes to section 414(q).
    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: 218,683.
    Estimated Time per Respondent: 18 minutes.
    Estimated Total Annual Burden Hours: 65,605.
    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

[[Page 49912]]

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: September 16, 2009.
R. Joseph Durbala,
IRS Reports Clearance Officer.
[FR Doc. E9-23397 Filed 9-28-09; 8:45 am]
BILLING CODE 4830-01-P