Notice2025-09587

Agency Information Collection Activities; Submission for OMB Review; Comment Request; Securities Lending by Employee Benefit Plans, Prohibited Transaction Exemption 2006-16

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
May 29, 2025

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

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[Federal Register Volume 90, Number 102 (Thursday, May 29, 2025)]
[Notices]
[Page 22758]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-09587]


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DEPARTMENT OF LABOR


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Securities Lending by Employee Benefit Plans, 
Prohibited Transaction Exemption 2006-16

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 June 30, 2025.

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.

FOR FURTHER INFORMATION CONTACT: Michael Howell by telephone at 202-
693-6782, or by email at <a href="/cdn-cgi/l/email-protection#4703080b18171506181712050b0e040723282b69202831"><span class="__cf_email__" data-cfemail="d0949f9c8f8082918f8085929c999390b4bfbcfeb7bfa6">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: In 2006, the Department promulgated a final 
class exemption, PTE 2006-16, which amended and replaced the exemptions 
previously provided under PTE 81-6 and PTE 82-63. The final exemption 
incorporates the exemptions into one renumbered exemption and expands 
the categories of exempted transactions to include securities lending 
to foreign banks and foreign broker-dealers that are domiciled in 
specified countries and to allow the use of additional forms of 
collateral, all subject to specified conditions outlined in the 
exemption.
    Among other conditions, the class exemption requires a bank or 
broker-dealer that borrows securities from a plan to provide the 
lending fiduciary with its most recent audited financial statement and 
its most recent unaudited statement if the unaudited statement is more 
recent than the audited financial statement. The borrower must also 
represent, at the time the loan is negotiated, that there has been no 
material adverse change in its financial condition since the date of 
the most recent financial statement provided to the plan that has not 
been disclosed to the lending fiduciary. The exemption also requires 
the loan be made pursuant to a written loan agreement. Individual 
agreements are not required for each transaction; rather the 
compensation agreement may be made in the form of a master agreement 
covering a series of transactions. For additional substantive 
information about this ICR, see the related notice published in the 
Federal Register on January 6, 2025 (90 FR 671).
    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.
    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: Securities Lending by Employee Benefit Plans, 
Prohibited Transaction Exemption 2006-16.
    OMB Control Number: 1210-0065.
    Affected Public: Private sector.
    Total Estimated Number of Respondents: 208.
    Total Estimated Number of Responses: 8,320.
    Total Estimated Annual Time Burden: 450 hours.
    Total Estimated Annual Other Costs Burden: $93,683.

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

Michael Howell,
Senior Paperwork Reduction Act Analyst.
[FR Doc. 2025-09587 Filed 5-28-25; 8:45 am]
BILLING CODE 4510-29-P


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Indexed from Federal Register on May 29, 2025.

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