Notice2022-28501
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Prohibited Transaction Class Exemption for Certain Transactions Between Investment Companies and Employee Benefit Plans
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 3, 2023
Issuing agencies
Labor Department
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 1 (Tuesday, January 3, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 1 (Tuesday, January 3, 2023)]
[Notices]
[Pages 118-119]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28501]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. 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 <a href="/cdn-cgi/l/email-protection#a0e4efecfff0f2e1fff0f5e2ece9e3e0c4cfcc8ec7cfd6"><span class="__cf_email__" data-cfemail="d89c979487888a9987888d9a94919b98bcb7b4f6bfb7ae">[email protected]</span></a>.
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
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on January 3, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.