[Federal Register Volume 89, Number 19 (Monday, January 29, 2024)]
[Notices]
[Page 5578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01662]



[[Page 5578]]

-----------------------------------------------------------------------

DEPARTMENT OF LABOR


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Improving Investment Advice for Workers & 
Retirees Prohibited Transaction Exemption

ACTION: Notice of availability; request for comments.

-----------------------------------------------------------------------

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 28, 2024.

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) 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; (3) ways to enhance the quality, 
utility and clarity of the information collection; and (4) 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: Michael Howell by telephone at 202-
693-6782, or by email at [email protected].

SUPPLEMENTARY INFORMATION: The proposed exemption would allow 
investment advice fiduciaries under both ERISA and the Code to receive 
compensation, including as a result of advice to roll over assets from 
a Plan to an IRA, and engage in principal transactions, that would 
otherwise violate the prohibited transaction provisions of ERISA and 
the Code. The exemption would apply to registered investment advisers, 
broker-dealers, banks, insurance companies, and their employees, 
agents, and representatives that are investment advice fiduciaries. The 
exemption would include protective conditions designed to safeguard the 
interests of Plans, participants and beneficiaries, and IRA owners. The 
new class exemption would affect participants and beneficiaries of 
Plans, IRA owners, and fiduciaries with respect to such Plans and IRAs. 
For additional substantive information about this ICR, see the related 
notice published in the Federal Register on August 25, 2023 (88 FR 
58312).
    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: Improving Investment Advice for Workers & 
Retirees Prohibited Transaction Exemption.
    OMB Control Number: 1210-0163.
    Affected Public: Individuals or households.
    Total Estimated Number of Respondents: 18,259.
    Total Estimated Number of Responses: 3,259,765.
    Total Estimated Annual Time Burden: 994,301 hours.
    Total Estimated Annual Other Costs Burden: $104,639.

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

Michael Howell,
Senior Paperwork Reduction Act Analyst.
[FR Doc. 2024-01662 Filed 1-26-24; 8:45 am]
BILLING CODE 4510-29-P