[Federal Register Volume 86, Number 9 (Thursday, January 14, 2021)]
[Notices]
[Pages 3203-3204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00696]


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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Delinquent Filer Voluntary Compliance Program

ACTION: Notice of availability; request for comments.

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SUMMARY: The Department of Labor (DOL) is submitting this Employee 
Benefits Security Administration (EBSA)-sponsored information 
collection request (ICR) to the Office of Management and Budget (OMB) 
for review and approval 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 February 16, 2021.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
    Comments are invited on: (1) Whether the collection of information 
is necessary for the proper performance of the functions of the 
Department, including whether the information will have practical 
utility; (2) if the information will be processed and used in a timely 
manner; (3) the accuracy of the agency's estimates of the burden and 
cost of the collection of information, including the validity of the 
methodology and assumptions used; (4) ways to enhance the quality, 
utility and clarity of the information collection; and (5) ways to 
minimize the burden of the collection of information on those who are 
to respond, including the use of automated collection techniques or 
other forms of information technology.

FOR FURTHER INFORMATION CONTACT: Mara Blumenthal by telephone at 202-
693-8538 (this is not a toll-free number) or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: Section 502(c)(2) of the Employee Retirement 
Income Security Act of 1974 (ERISA), authorizes the Secretary of Labor 
to assess civil penalties against plan administrators who fail or 
refuse to file complete and timely annual reports (Form 5500 Annual 
Return/Report of Employee Benefit Plan (OMB Control

[[Page 3204]]

Number 1210-0110)) as required under section 101(b)(1) of ERISA and 
ERISA regulations codified in 29 CFR part 2520. Under the Delinquent 
Filer Voluntary Compliance Program (DFVC) Program, administrators 
otherwise subject to the assessment of higher civil penalties are 
permitted to pay reduced civil penalties for voluntarily complying with 
the annual reporting requirements under Title I of ERISA. This 
information collection requires providing data necessary to identify 
the plan along with the penalty payment. With respect to most pension 
plans and welfare plans, the requirement is satisfied by sending, along 
with the penalty payment, a copy of the delinquent annual report 
(without attachments or schedules) which is filed with the Department 
at a different address under the EFAST system. For additional 
substantive information about this ICR, see the related notice 
published in the Federal Register on October 20, 2020 (85 FR 66580).
    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 the OMB approves it 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 
OMB Control Number. See 5 CFR 1320.5(a) and 1320.6.
    DOL seeks PRA authorization for this information collection for 
three (3) years. OMB authorization for an ICR cannot be for more than 
three (3) years without renewal. The DOL notes that information 
collection requirements submitted to the OMB for existing ICRs receive 
a month-to-month extension while they undergo review.
    Agency: DOL-EBSA.
    Title of Collection: Delinquent Filer Voluntary Compliance Program.
    OMB Control Number: 1210-0089.
    Affected Public: Private Sector-- Businesses or other for-profits 
and not-for-profit institutions.
    Total Estimated Number of Respondents: 10,350.
    Total Estimated Number of Responses: 10,350.
    Total Estimated Annual Time Burden: 518 hours.
    Total Estimated Annual Other Costs Burden: $778,718.

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

    Dated: January 8, 2021.
Mara Blumenthal,
Senior PRA Analyst.
[FR Doc. 2021-00696 Filed 1-13-21; 8:45 am]
BILLING CODE 4510-29-P