[Federal Register Volume 79, Number 209 (Wednesday, October 29, 2014)]
[Notices]
[Pages 64409-64410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25678]


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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Investment Advice Participants and 
Beneficiaries

ACTION: Notice.

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SUMMARY: On October 31, 2014, the Department of Labor (DOL) will submit 
the Employee Benefits Security Administration (EBSA) sponsored 
information collection request (ICR) titled, ``Investment Advice 
Participants and Beneficiaries,'' to the Office of Management and 
Budget (OMB) for review and approval for continued use, without change, 
in accordance with the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 
3501 et seq. Public comments on the ICR are invited.

DATES: The OMB will consider all written comments that agency receives 
on or before December 1, 2014.

ADDRESSES: A copy of this ICR with applicable supporting documentation; 
including a description of the likely respondents, proposed frequency 
of response, and estimated total burden may be obtained free of charge 
from the RegInfo.gov Web site at http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201409-1210-001 (this link will only become active 
on the day following publication of this notice) or by contacting 
Michel Smyth by telephone at 202-693-4129, TTY 202-693-8064, (these are 
not toll-free numbers) or by email at [email protected].
    Submit comments about this request by mail or courier to the Office 
of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-
EBSA, Office of Management and Budget, Room 10235, 725 17th Street NW., 
Washington, DC 20503; by Fax: 202-395-5806 (this is not a toll-free 
number); or by email: [email protected]. Commenters are 
encouraged, but not required, to send a courtesy copy of any comments 
by mail or courier to the U.S. Department of Labor--OASAM, Office of 
the Chief Information Officer, Attn: Departmental Information 
Compliance Management Program, Room N1301, 200 Constitution Avenue NW., 
Washington, DC 20210; or by email: [email protected].

FOR FURTHER INFORMATION CONTACT: Michel Smyth by telephone at 202-693-
4129, TTY 202-693-8064, (these are not toll-free numbers) or by email 
at [email protected].

    Authority:  44 U.S.C. 3507(a)(1)(D).

SUPPLEMENTARY INFORMATION: This ICR seeks to extend PRA authority for 
the Investment Advice Participants and Beneficiaries information 
collection requirements codified in regulations 29 CFR 2550-408g-1. The 
regulatory provision contains the following information collection 
requirements: (1) A fiduciary adviser must furnish an initial 
disclosure that provides detailed information to participants about an 
advice arrangement before initially providing investment advice; (2) a 
fiduciary adviser must annually engage an independent auditor to audit 
the investment advice arrangement for compliance with the regulation; 
(3) if the fiduciary adviser provides the investment advice through the 
use of a computer model, then--before providing the advice--the 
fiduciary adviser must obtain a written certification from an eligible 
investment expert as to the computer model's compliance with certain 
standards (e.g., applies generally accepted investment theories, 
unbiased operation, and objective criteria) set forth in the 
regulation; and (4) a fiduciary adviser must maintain records with 
respect to the investment advice provided in reliance on the regulation 
necessary to determine whether the applicable requirements of the 
regulation have been satisfied. Employee Retirement Income Security Act 
of 1974 sections 408(b)(14) and 408(g) authorize this information 
collection. See 29 U.S.C. 1108(b)(14), 1108(g).
    This information collection is subject to the PRA. A Federal agency 
generally cannot conduct or sponsor a collection of information, and 
the public is generally not required to respond to an information 
collection, unless it is approved by the OMB under the PRA and displays 
a currently valid OMB Control Number. In addition, notwithstanding any 
other provisions of law, no person shall generally be subject to 
penalty for failing to comply with a collection of information that 
does not display a valid Control Number. See 5 CFR 1320.5(a) and 
1320.6. The DOL obtains OMB approval for this information collection 
under Control Number 1210-0134.
    OMB authorization for an ICR cannot be for more than three (3) 
years without renewal, and the current approval for this collection is 
scheduled to expire on October 31, 2014. The DOL seeks to extend PRA 
authorization for this information collection for three (3) more years, 
without any change to existing requirements. The DOL notes that 
existing information collection

[[Page 64410]]

requirements submitted to the OMB receive a month-to-month extension 
while they undergo review. For additional substantive information about 
this ICR, see the related notice published in the Federal Register on 
May 21, 2014 (79 FR 29208).
    Interested parties are encouraged to send comments to the OMB, 
Office of Information and Regulatory Affairs at the address shown in 
the ADDRESSES section by December 1, 2014. In order to help ensure 
appropriate consideration, comments should mention OMB Control Number 
1210-0134. The OMB 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 submission of responses.
    Agency: DOL-EBSA.
    Title of Collection: Investment Advice Participants and 
Beneficiaries.
    OMB Control Number: 1210-0134.
    Affected Public: Private Sector--businesses or other for-profits.
    Total Estimated Number of Respondents: 10,000.
    Total Estimated Number of Responses: 20,544,000.
    Total Estimated Annual Time Burden: 1,981,000 hours.
    Total Estimated Annual Other Costs Burden: $276,474,000.

    Dated: October 23, 2014.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2014-25678 Filed 10-28-14; 8:45 am]
BILLING CODE 4510-29-P