[Federal Register Volume 88, Number 1 (Tuesday, January 3, 2023)]
[Notices]
[Pages 118-119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28501]


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DEPARTMENT OF LABOR


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Prohibited Transaction Class Exemption for 
Certain Transactions Between Investment Companies and Employee Benefit 
Plans

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 the agency 
receives on or before February 2, 2023.

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, or by email at [email protected].

SUPPLEMENTARY INFORMATION: Section 408(a) of the Employee Retirement 
Income Security Act (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).'' Class exemption PTE 
77-4, which was originally granted on April 8, 1977, exempts from the 
prohibited transaction restrictions the purchase and sale by an 
employee benefit plan of shares from a registered, open-end investment 
company (mutual fund) when a fiduciary of the plan (e.g., an investment 
manager) is also the investment advisor for the investment company. The 
exemption requires disclosure of any redemption fees in the current 
prospectus and approval of the advisory fees by a second fiduciary so 
that the plan fiduciary can make informed judgments with respect to the 
prudence of the transactions. For additional substantive information 
about this ICR, see the related notice published in the Federal 
Register on July 22, 2022 (87 FR 43897).
    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.

[[Page 119]]

    Title of Collection: Prohibited Transaction Class Exemption for 
Certain Transactions Between Investment Companies and Employee Benefit 
Plans.
    OMB Control Number: 1210-0049.
    Affected Public: Private Sector--Businesses or other for-profits 
and not-for-profit institutions.
    Total Estimated Number of Respondents: 825.
    Total Estimated Number of Responses: 297,552.
    Total Estimated Annual Time Burden: 25,208 hours.
    Total Estimated Annual Other Costs Burden: $0.

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

    Dated: December 23, 2022.
Mara Blumenthal,
Senior PRA Analyst.
[FR Doc. 2022-28501 Filed 12-30-22; 8:45 am]
BILLING CODE 4510-29-P