[Federal Register Volume 84, Number 161 (Tuesday, August 20, 2019)]
[Notices]
[Pages 43161-43162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17831]


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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Prohibited Transaction Class Exemption 1988-
59, Residential Mortgage Financing Arrangements Involving Employee 
Benefit Plans

ACTION: Notice of availability; request for comments.

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SUMMARY: The Department of Labor (DOL) is submitting the Employee 
Benefits Security Administration (EBSA) sponsored information 
collection request (ICR) titled, ``Prohibited Transaction Class 
Exemption 1988-59, Residential Mortgage Financing Arrangements 
Involving Employee Benefit Plans,'' 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). Public 
comments on the ICR are invited.

DATES: The OMB will consider all written comments that agency receives 
on or before September 19, 2019.

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 website at http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201906-1210-001 (this link will only become active 
on the day following publication of this notice) or by contacting 
Frederick Licari by telephone at 202-693-8073 TTY 202-693-8064, (these 
are not toll-free numbers) or by email at [email protected].
    Submit comments about this request by mail to the Office of 
Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-
EBSA, Office of

[[Page 43162]]

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: Frederick Licari by telephone at 202-
693-8073, TTY 202-693-8064, (these are not toll-free numbers) or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: This ICR seeks to extend PRA authority for 
the Prohibited Transaction Class Exemption 1988-59, Residential 
Mortgage Financing Arrangements Involving Employee Benefit Plans 
information collection. Section 408(a) of ERISA authorizes the 
Secretary of Labor ``to grant a conditional or unconditional exemption 
of any fiduciary or class of fiduciaries or transactions, from all or 
part of the restrictions imposed by section 406 and 407(a).'' Among 
other conditions, the exemption requires a plan to maintain for the 
duration of any loan made pursuant to this exemption all records 
necessary to determine whether conditions of the exemption have been 
met and to make such records available for examination on request by 
any trustee, investment manager, participant or beneficiary of the 
plan, or agents of the Department or the IRS. Section 408(a) 406 and 
407(a) authorizes this information collection. See 29 U.S.C. 1108.
    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 1210-0095.
    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 August 31, 2019. 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 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 March 27, 2019 (84 FR 
11573).
    Interested parties are encouraged to send comments to the OMB, 
Office of Information and Regulatory Affairs at the address shown in 
the ADDRESSES section within thirty (30) days of publication of this 
notice in the Federal Register. In order to help ensure appropriate 
consideration, comments should mention OMB Control Number 1210-0095. 
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: Prohibited Transaction Class Exemption 1988-
59, Residential Mortgage Financing Arrangements Involving Employee 
Benefit Plans.
    OMB Control Number: 1210-0095.
    Affected Public: Private Sector, businesses or other for-profit 
non-for-profit institutions.
    Total Estimated Number of Respondents: 2,192.
    Total Estimated Number of Responses: 10,960.
    Total Estimated Annual Time Burden: 913 hours.
    Total Estimated Annual Other Costs Burden: $0.

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

     Dated: August 14, 2019.
Frederick Licari,
Departmental Clearance Officer.
[FR Doc. 2019-17831 Filed 8-19-19; 8:45 am]
 BILLING CODE 4510-29-P